Text: S05148 Text: S05150 Text: S05100 - S05199 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2267 as follows: 1 2 #1. By striking everything after the enacting 1 3 clause and inserting the following: 1 4 "Section 1. Section 455B.133, subsection 4, 1 5 unnumbered paragraph 1, Code 2003, is amended to read 1 6 as follows: 1 7 Adopt, amend, or repeal emission limitations or 1 8 standards relating to the maximum quantities of air 1 9 contaminants that may be emitted from any air 1 10 contaminant source. The standards or limitations 1 11 adopted under this section shall not exceed the 1 12 standards or limitations promulgated by the 1 13 administrator of the United States environmental 1 14 protection agency or the requirements of the federal 1 15 Clean Air Act as amended through January 1, 1991. 1 16This does not prohibit theThe commissionfrom1 17adoptingshall not adopt a standard for a source or 1 18 class of sources for which the United States 1 19 environmental protection agency has not promulgated a 1 20 standard. Thisalsosection does not prohibit the 1 21 commission from adopting an emission standard or 1 22 limitation for infectious medical waste treatment or 1 23 disposal facilities which exceeds the standards or 1 24 limitations promulgated by the administrator of the 1 25 United States environmental protection agency or the 1 26 requirements of the federal Clean Air Act as amended 1 27 through January 1, 1991. The commission shall not 1 28 adopt an emission standard or limitation for 1 29 infectious medical waste treatment or disposal 1 30 facilities prior to January 1, 1995, which exceeds the 1 31 standards or limitations promulgated by the 1 32 administrator of the United States environmental 1 33 protection agency or the requirements of the federal 1 34 Clean Air Act, as amended through January 1, 1991, for 1 35 a hospital, or a group of hospitals, licensed under 1 36 chapter 135B which has been operating an infectious 1 37 medical waste treatment or disposal facility prior to 1 38 January 1, 1991. The commission shall not adopt or 1 39 enforce rules under this section that apply to an 1 40 animal feeding operation as provided in chapter 459. 1 41 Sec. 2. NEW SECTION. 455B.133A HEALTH EFFECT 1 42 ADVISORY PANEL. 1 43 Concurrent with the field study conducted pursuant 1 44 to section 459.207, a health effect advisory panel 1 45 shall be convened as provided in this section. 1 46 1. a. The director shall request interested 1 47 organizations to appoint voting members to the panel 1 48 as follows: 1 49 (1) The national research council of the national 1 50 academies, which may appoint up to three members who 2 1 reside in this state or in states contiguous to this 2 2 state. 2 3 (2) The university of Iowa, which may appoint one 2 4 member. 2 5 (3) Iowa State university, which may appoint one 2 6 member. 2 7 (4) The Iowa department of public health, which 2 8 may appoint one member. 2 9 (5) The United States department of agriculture, 2 10 which may appoint one member. 2 11 (6) The department of agriculture and land 2 12 stewardship, which may appoint one member. 2 13 Each organization that appoints a member to the 2 14 panel may also appoint an alternate who shall serve as 2 15 the organization's representative on the panel if the 2 16 principal appointee is unable to attend. 2 17 b. The director shall appoint the following 2 18 persons who shall serve on the panel as ex officio, 2 19 nonvoting members: 2 20 (1) A person who owns a confinement feeding 2 21 operation that includes a structure which stores 2 22 liquid manure, other than a small animal feeding 2 23 operation. 2 24 (2) A person who owns a confinement feeding 2 25 operation that includes a structure which stores 2 26 manure exclusively on a dry-matter basis, other than a 2 27 small animal feeding operation. 2 28 (3) A person who resides within one mile of a 2 29 confinement feeding operation, other than a small 2 30 animal feeding operation. 2 31 (4) A person who is actively engaged in a 2 32 manufacturing business, other than the manufacturing 2 33 of anhydrous ammonia. 2 34 (5) A person who is actively engaged in a business 2 35 involved in the manufacturing, storage, or delivery of 2 36 anhydrous ammonia. 2 37 (6) A person who represents a municipality in this 2 38 state and is actively engaged in operating a 2 39 wastewater treatment facility. 2 40 (7) A person who is employed by the department. 2 41 Each ex officio member may appoint an alternate who 2 42 shall serve in place of the principal member appointed 2 43 by the director whenever the principal member is 2 44 unable to attend a meeting. 2 45 2. a. The voting members of the panel shall elect 2 46 a chairperson from the panel's membership. Meetings 2 47 may be called by the chairperson or a majority of the 2 48 voting members. A majority of the panel's voting 2 49 members constitutes a quorum. An affirmative vote of 2 50 a majority of the entire voting membership is 3 1 necessary for the panel to take a substantive action 3 2 other than adjourning a meeting. 3 3 b. The voting members shall serve without per 3 4 diem, but shall be reimbursed by the department for 3 5 actual and necessary expenses. The ex officio members 3 6 shall serve without per diem expenses. 3 7 3. Upon request by the panel, the department shall 3 8 provide clerical and technical staffing, materials, 3 9 and meeting rooms necessary for the panel's 3 10 operations. 3 11 4. The panel shall consult with the agency for 3 12 toxic substances and disease registry as to the health 3 13 effect levels as defined in section 459.207, if any, 3 14 for odor. 3 15 5. The panel is a government body for purposes of 3 16 chapters 21 and 22. 3 17 6. a. The panel shall submit interim reports and 3 18 a final report to the general assembly regarding 3 19 health effect levels as defined in section 459.207, if 3 20 any, for odor. The report shall include a 3 21 determination whether a health effect level for odor 3 22 is determinable based on a reasonable degree of 3 23 scientific certainty. If the panel finds that it is 3 24 determinable, the report shall contain findings and 3 25 recommendations regarding the health effect levels of 3 26 odor. 3 27 b. The panel shall submit an interim report to the 3 28 general assembly on or before January 15 of each year. 3 29 The panel's final report shall be submitted no later 3 30 than December 31, 2006. The final report shall 3 31 contain findings and, if appropriate, recommendations. 3 32 c. The commission shall not adopt a rule providing 3 33 a health effect level for odor until after the panel 3 34 submits its final report to the general assembly and a 3 35 statute that provides for the health effect level for 3 36 odor is enacted. 3 37 Sec. 3. Section 459.207, Code 2003, is amended by 3 38 striking the section and inserting in lieu thereof the 3 39 following: 3 40 459.207 ANIMAL FEEDING OPERATIONS – AIRBORNE 3 41 POLLUTANTS CONTROL. 3 42 1. As used in this section: 3 43 a. "Airborne pollutant" means hydrogen sulfide, 3 44 ammonia, or odor. 3 45 b. "Health effect level" means a level and 3 46 duration of exposure to odor that causes a material 3 47 and verifiable physical disease when humans are 3 48 exposed to an airborne pollutant for periods 3 49 consistent with the average exposure periods and 3 50 levels recorded at a separated location. 4 1 c. "Minimal risk level" means the concentration 4 2 dose and duration of exposure to hydrogen sulfide or 4 3 ammonia as provided in subsection 4 as recorded at a 4 4 separated location. 4 5 d. "Separated location" means a location or object 4 6 from which a separation distance is required under 4 7 section 455B.134, subsection 3, paragraph "f", section 4 8 459.202, or section 459.204, other than a public 4 9 thoroughfare. 4 10 2. The department shall conduct a comprehensive 4 11 field study to monitor the level of airborne 4 12 pollutants from animal feeding operations in this 4 13 state, including but not limited to each type of 4 14 confinement feeding operation structure. The field 4 15 study as to each airborne pollutant shall be conducted 4 16 and shall continue for a period of not less than three 4 17 years. The monitoring period for an airborne 4 18 pollutant shall begin with the start of collection of 4 19 valid data for such airborne pollutant, including but 4 20 not limited to the collection of valid data prior to 4 21 the effective date of this Act. The field study shall 4 22 include monitoring data from at least five confinement 4 23 feeding operations for each type or phase of animal 4 24 production system commonly used in this state and for 4 25 each type of manure storage or treatment system 4 26 commonly used at such animal production systems. The 4 27 confinement feeding operations monitored shall, to 4 28 every extent practicable, be located in different 4 29 geographic locations in the state. 4 30 3. The department shall collect monitoring data 4 31 only from separated locations as provided in this 4 32 subsection. Monitoring data collected at locations 4 33 other than as provided in this subsection shall be 4 34 invalid. 4 35 a. For purposes of measuring hydrogen sulfide and 4 36 ammonia, monitoring data is considered to be taken at 4 37 a separated location if the monitor is located within 4 38 three hundred feet of the following: 4 39 (1) A structure that constitutes the separated 4 40 location. 4 41 (2) The boundaries of a public use area. 4 42 However, in no event shall monitoring data be 4 43 collected at a distance closer than the required 4 44 minimum separation distance that applies to the manure 4 45 application or confinement feeding operation 4 46 structure. 4 47 b. For purposes of measuring odor, monitoring data 4 48 is considered to be taken at a separated location if 4 49 the monitoring data is collected at a location that is 4 50 not closer than the required minimum separation 5 1 distance that applies to the manure application or 5 2 confinement feeding operation structure. 5 3 4. a. For an airborne pollutant that is hydrogen 5 4 sulfide, the minimal risk levels are as follows: 5 5 (1) The acute minimal risk level is a 5 6 concentration dose exceeding seventy parts per billion 5 7 for the duration of fourteen consecutive days. The 5 8 sum of the hourly averages for fourteen consecutive 5 9 days shall not exceed twenty-three and fifty-two 5 10 hundredths parts per million-hour. 5 11 (2) The intermediate minimal risk level is a 5 12 concentration dose exceeding thirty parts per billion 5 13 for the duration of three hundred sixty-four 5 14 consecutive days. The sum of the hourly averages for 5 15 three hundred sixty-four consecutive days shall not 5 16 exceed two hundred sixty-two parts per million-hour. 5 17 b. For an airborne pollutant that is ammonia, the 5 18 minimal risk levels are as follows: 5 19 (1) The minimal risk level is a concentration dose 5 20 exceeding one thousand seven hundred parts per billion 5 21 for the duration of fourteen consecutive days. The 5 22 sum of the hourly averages for fourteen consecutive 5 23 days shall not exceed five hundred seventy-one parts 5 24 per million-hour. 5 25 (2) The chronic minimal risk level is a 5 26 concentration dose exceeding three hundred parts per 5 27 billion for the duration of three hundred sixty-five 5 28 or more consecutive days. The sum of the hourly 5 29 averages for three hundred sixty-five consecutive days 5 30 shall not exceed two thousand six hundred twenty-eight 5 31 parts per million-hour. 5 32 c. A consecutive day for purposes of this 5 33 subsection shall be determined as provided in this 5 34 paragraph. Hourly averages must first be computed by 5 35 averaging all valid five-minute averages recorded by 5 36 the data acquisition system in that hour. An hourly 5 37 average is considered valid if at least forty-five 5 38 minutes of valid five-minute averages are recorded by 5 39 the date acquisition system. A sampling day consists 5 40 of twenty-four nonoverlapping hours beginning from 5 41 midnight on a given day to midnight on the following 5 42 day. A day of continuous monitoring data is valid if 5 43 at least eighteen hours of valid hourly averages have 5 44 been recorded at the monitoring location. To 5 45 determine the daily average, each of the valid hourly 5 46 concentrations associated with a sampling day shall be 5 47 averaged and truncated to one part per billion. The 5 48 daily average shall be used to compare with the 5 49 appropriate minimal risk level or health effect level 5 50 to determine whether the requisite number of 6 1 consecutive daily averages exceeds the applicable 6 2 concentration dose. 6 3 5. After completion of the field study, the 6 4 commission may adopt rules pursuant to chapter 17A, 6 5 except section 17A.4, subsection 2, and section 17A.5, 6 6 subsection 2, paragraph "b", to do any of the 6 7 following: 6 8 a. Establish recommended best management 6 9 practices, mechanisms, processes, or infrastructure 6 10 designed to reduce airborne pollutants from animal 6 11 feeding operations in accordance with this section. 6 12 The recommended best management practices, mechanisms, 6 13 processes, or infrastructure may be developed for a 6 14 particular air pollutant and for a specific type of 6 15 confinement feeding operating structure if the data 6 16 from the field study demonstrates to a reasonable 6 17 degree of scientific certainty that a particular 6 18 airborne pollutant from that type of confinement 6 19 feeding operation structure is present at the 6 20 separated location at a level exceeding a minimal risk 6 21 level for hydrogen sulfide or ammonia, or as 6 22 applicable a health effect level for odor. The 6 23 department shall consult with the department of 6 24 agriculture and land stewardship, Iowa state 6 25 university college of agriculture, and livestock 6 26 producers who may be impacted before establishing 6 27 recommended best management practices, mechanisms, 6 28 processes, or infrastructure. The department shall 6 29 provide a procedure for the approval of alternative or 6 30 experimental best management practices, mechanisms, 6 31 processes, or infrastructure designed to reduce an 6 32 airborne pollutant from an animal feeding operation. 6 33 b. Establish rules for the enforcement of a 6 34 minimal risk level or health effect level only in 6 35 accordance with this subsection. The commission may 6 36 adopt rules providing for the enforcement of a minimal 6 37 risk level for hydrogen sulfide or ammonia, or as 6 38 applicable a health effect level for odor for a 6 39 particular airborne pollutant, for a specific type of 6 40 confinement feeding operation structure if all of the 6 41 following apply: 6 42 (1) The data from the field study demonstrates to 6 43 a reasonable degree of scientific certainty that the 6 44 airborne pollutant from that type of confinement 6 45 feeding operation structure is present at separated 6 46 locations at levels exceeding the minimal risk level 6 47 for hydrogen sulfide or ammonia, or as applicable a 6 48 health effect level for odor. 6 49 (2) A statute that provides for the health effect 6 50 level is enacted. 7 1 The commission shall not adopt rules if the data 7 2 does not demonstrate to a reasonable degree of 7 3 scientific certainty that the airborne pollutant from 7 4 a specific type of confinement feeding operation 7 5 structure is present at separated locations at levels 7 6 that exceed the minimal risk level for hydrogen 7 7 sulfide or ammonia, or as applicable the health effect 7 8 level for odor. 7 9 6. If the commission adopts rules under subsection 7 10 5, the department may monitor the level of airborne 7 11 pollutants at a separated location in accordance with 7 12 subsection 3. However, the department shall not 7 13 monitor the level of airborne pollutants unless a 7 14 written complaint is received from the owner or 7 15 occupant of the separated location. The department 7 16 shall monitor the level of airborne pollutants by 7 17 collecting data at the separated location owned or 7 18 occupied by the person making the complaint. In 7 19 providing for the enforcement of the minimal risk 7 20 level for hydrogen sulfide or ammonia, or as 7 21 applicable the health effect level for odor, the 7 22 department shall take all measurements at the 7 23 separated location in accordance with subsection 3. 7 24 a. In using monitoring equipment to collect data 7 25 for hydrogen sulfide, equipment shall incorporate a 7 26 thermal oxidizer and a reference method for the 7 27 measurement of ambient concentrations of sulfur 7 28 dioxide that meet all calibrations, standards, and 7 29 testing requirements established by the United States 7 30 environmental protection agency. In using monitoring 7 31 equipment to collect data for ammonia, the equipment 7 32 shall incorporate a thermal oxidizer and a reference 7 33 method for the measurement of ambient concentrations 7 34 of nitrogen dioxide that meet all calibrations, 7 35 standards, and testing requirements established by the 7 36 United States environmental protection agency. 7 37 b. The department shall not enforce a rule adopted 7 38 pursuant to this section based on data, if any of the 7 39 following apply to the collection of such data: 7 40 (1) The data is collected from a site other than a 7 41 separated location as provided in this section. 7 42 (2) The data collected exceeds the minimal risk 7 43 level or health effect level but is within the 7 44 monitoring equipment's margin of error as established 7 45 pursuant to rules which shall be adopted by the 7 46 commission. 7 47 (3) The monitoring equipment used to collect data 7 48 for hydrogen sulfide or ammonia does not meet the 7 49 specifications for such equipment as required by this 7 50 section or rules adopted by the commission. 8 1 c. If the department determines that a violation 8 2 of a minimal risk level or health effect level exists, 8 3 the department shall conduct an investigation to trace 8 4 the source of the airborne pollutant after the 8 5 department has collected data measuring an airborne 8 6 pollutant from a separated location. The department 8 7 may enter the premises of a confinement feeding 8 8 operation in compliance with section 455B.103. The 8 9 department shall comply with standard biosecurity 8 10 requirements customarily required by the confinement 8 11 feeding operation that are necessary to control the 8 12 spread of disease among an animal population. 8 13 d. If the department determines that a violation 8 14 of a minimal risk level or health effect level is 8 15 caused by an airborne pollutant from a confinement 8 16 feeding operation structure, the department shall 8 17 issue a written notice to the owner of the confinement 8 18 feeding operation. The notice shall require that the 8 19 owner reduce the emission of the airborne pollutant to 8 20 meet the minimal risk level or health effect level. 8 21 The notice shall expire one year from the date of its 8 22 issuance. The owner shall not be in violation of 8 23 state law for failing to comply with the notice during 8 24 its effective period. If the department determines 8 25 that a violation of a minimal risk level or health 8 26 effect level is caused by an airborne pollutant from 8 27 the confinement feeding operation structure after the 8 28 notice has expired, the department may commence an 8 29 enforcement action as provided in this chapter. 8 30 However, the owner shall not be subject to an 8 31 enforcement action for the period that the 8 32 department's notice is in effect, and shall not be 8 33 subject to the imposition of penalties based on a 8 34 violation during that period. 8 35 7. The commission's rules providing for a minimal 8 36 risk level or health effect level shall not exceed a 8 37 standard or limitation applying to the same minimal 8 38 risk level or health effect level pursuant to the 8 39 requirements of the federal Clean Air Act as amended 8 40 through January 1, 1991, or regulations promulgated by 8 41 the United States environmental protection agency. 8 42 This section shall supersede the commission's 8 43 authority under section 455B.133." 8 44 8 45 8 46 8 47 DAVID JOHNSON 8 48 SF 2267.501 80 8 49 da/pj
Text: S05148 Text: S05150 Text: S05100 - S05199 Text: S Index Bills and Amendments: General Index Bill History: General Index
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