Text: SF02266 Text: SF02268 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 455B.133, subsection 4, unnumbered 1 2 paragraph 1, Code 2003, is amended to read as follows: 1 3 Adopt, amend, or repeal emission limitations or standards 1 4 relating to the maximum quantities of air contaminants that 1 5 may be emitted from any air contaminant source. The standards 1 6 or limitations adopted under this section shall not exceed the 1 7 standards or limitations promulgated by the administrator of 1 8 the United States environmental protection agency or the 1 9 requirements of the federal Clean Air Act as amended through 1 10 January 1, 1991.This does not prohibit theThe commission 1 11from adoptingshall not adopt a standard for a source or class 1 12 of sources for which the United States environmental 1 13 protection agency has not promulgated a standard. Thisalso1 14 section does not prohibit the commission from adopting an 1 15 emission standard or limitation for infectious medical waste 1 16 treatment or disposal facilities which exceeds the standards 1 17 or limitations promulgated by the administrator of the United 1 18 States environmental protection agency or the requirements of 1 19 the federal Clean Air Act as amended through January 1, 1991. 1 20 The commission shall not adopt an emission standard or 1 21 limitation for infectious medical waste treatment or disposal 1 22 facilities prior to January 1, 1995, which exceeds the 1 23 standards or limitations promulgated by the administrator of 1 24 the United States environmental protection agency or the 1 25 requirements of the federal Clean Air Act, as amended through 1 26 January 1, 1991, for a hospital, or a group of hospitals, 1 27 licensed under chapter 135B which has been operating an 1 28 infectious medical waste treatment or disposal facility prior 1 29 to January 1, 1991. The commission shall not adopt or enforce 1 30 rules under this section that apply to an animal feeding 1 31 operation as provided in chapter 459. 1 32 Sec. 2. NEW SECTION. 455B.133A HEALTH EFFECT ADVISORY 1 33 PANEL. 1 34 Concurrent with the field study conducted pursuant to 1 35 section 459.207, a health effect advisory panel shall be 2 1 convened as provided in this section. 2 2 1. a. The director shall request interested organizations 2 3 to appoint voting members to the panel as follows: 2 4 (1) The national research council of the national 2 5 academies, which may appoint up to three members. 2 6 (2) The agency for toxic substances and disease registry, 2 7 which may appoint one member. 2 8 (3) The university of Iowa or the national institutes of 2 9 health, which may appoint one member. 2 10 (4) Iowa State university, which may appoint one member. 2 11 (5) The Iowa department of public health, which may 2 12 appoint one member. 2 13 (6) The United States department of agriculture, which may 2 14 appoint one member. 2 15 (7) The department of agriculture and land stewardship, 2 16 which may appoint one member. 2 17 Each organization that appoints a member to the panel may 2 18 also appoint an alternate who shall serve as the 2 19 organization's representative on the panel if the principal 2 20 appointee is unable to attend. 2 21 b. The director shall appoint the following persons who 2 22 shall serve on the panel as ex officio, nonvoting members: 2 23 (1) A person who owns a confinement feeding operation that 2 24 includes a structure which stores liquid manure, other than a 2 25 small animal feeding operation. 2 26 (2) A person who owns a confinement feeding operation that 2 27 includes a structure which stores manure exclusively on a dry- 2 28 matter basis, other than a small animal feeding operation. 2 29 (3) A person who resides within one mile of a confinement 2 30 feeding operation, other than a small animal feeding 2 31 operation. 2 32 (4) A person who is actively engaged in a manufacturing 2 33 business, other than the manufacturing 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 3 1 anhydrous ammonia. 3 2 (6) A person who represents a municipality in this state 3 3 and is actively engaged in operating a wastewater treatment 3 4 facility. 3 5 (7) A person who is employed by the department. 3 6 Each ex officio member may appoint an alternate who shall 3 7 serve in place of the principal member appointed by the 3 8 director whenever the principal member is unable to attend a 3 9 meeting. 3 10 2. a. The voting members of the panel shall elect a 3 11 chairperson from the panel's membership. Meetings may be 3 12 called by the chairperson or a majority of the voting members. 3 13 A majority of the panel's voting members constitutes a quorum. 3 14 An affirmative vote of a majority of the entire voting 3 15 membership is necessary for the panel to take a substantive 3 16 action other than adjourning a meeting. 3 17 b. The voting members shall serve without per diem, but 3 18 shall be reimbursed by the department for actual and necessary 3 19 expenses. The ex officio members shall serve without per diem 3 20 expenses. 3 21 3. Upon request by the panel, the department shall provide 3 22 clerical and technical staffing, materials, and meeting rooms 3 23 necessary for the panel's operations. 3 24 4. The panel is a government body for purposes of chapters 3 25 21 and 22. 3 26 5. a. The panel may advise the department and shall 3 27 submit interim reports and a final report to the general 3 28 assembly regarding health effect levels as defined in section 3 29 459.207, if any, for odor. The report shall include a 3 30 determination whether a health effect level for odor is 3 31 determinable based on a reasonable degree of scientific 3 32 certainty. If the panel finds that it is determinable, the 3 33 report shall contain findings and recommendations regarding 3 34 the health effect levels of odor. 3 35 b. The panel shall submit an interim report to the general 4 1 assembly on or before January 15 of each year. The panel's 4 2 final report shall contain findings and recommendations. 4 3 c. The commission shall not adopt a rule providing a 4 4 health effect level for odor until after the panel submits its 4 5 final report to the general assembly and a statute that 4 6 provides for the health effect level for odor is enacted. 4 7 Sec. 3. Section 459.207, Code 2003, is amended by striking 4 8 the section and inserting in lieu thereof the following: 4 9 459.207 ANIMAL FEEDING OPERATIONS – AIRBORNE POLLUTANTS 4 10 CONTROL. 4 11 1. As used in this section: 4 12 a. "Airborne pollutant" means hydrogen sulfide, ammonia, 4 13 or odor. 4 14 b. "Health effect level" means a level and duration of 4 15 exposure to odor that causes a material and verifiable 4 16 physical disease when humans are exposed to an airborne 4 17 pollutant for periods consistent with the average exposure 4 18 periods and levels recorded at a separated location. 4 19 c. "Minimal risk level" means the concentration dose and 4 20 duration of exposure to hydrogen sulfide or ammonia as 4 21 provided in subsection 4 as recorded at a separated location. 4 22 d. "Separated location" means a location or object from 4 23 which a separation distance is required under section 4 24 455B.134, subsection 3, paragraph "f", section 459.202, or 4 25 section 459.204, other than a public thoroughfare. 4 26 2. The department shall conduct a comprehensive field 4 27 study to monitor the level of airborne pollutants from animal 4 28 feeding operations in this state, including but not limited to 4 29 each type of confinement feeding operation structure. The 4 30 field study as to each airborne pollutant shall be conducted 4 31 and shall continue for a period of not less than three years. 4 32 The monitoring period shall begin with the start of the 4 33 collection of data for such airborne pollutant. The field 4 34 study shall include a statistically significant sample of each 4 35 type of confinement feeding operation structure located in 5 1 this state. 5 2 3. The department shall collect monitoring data only from 5 3 separated locations as provided in this subsection. 5 4 Monitoring data collected at locations other than as provided 5 5 in this subsection shall be invalid. 5 6 a. For purposes of measuring hydrogen sulfide and ammonia, 5 7 monitoring data is considered to be taken at a separated 5 8 location if the monitor is located within three hundred feet 5 9 of the following: 5 10 (1) A structure that constitutes the separated location. 5 11 (2) The boundaries of a public use area. 5 12 However, in no event shall monitoring data be collected at 5 13 a distance closer than the required minimum separation 5 14 distance that applies to the manure application or confinement 5 15 feeding operation structure. 5 16 b. For purposes of measuring odor, monitoring data is 5 17 considered to be taken at a separated location if the 5 18 monitoring data is collected at a location that is not closer 5 19 than the required minimum separation distance that applies to 5 20 the manure application or confinement feeding operation 5 21 structure. 5 22 4. a. For an airborne pollutant that is hydrogen sulfide, 5 23 the minimal risk levels are as follows: 5 24 (1) The acute minimal risk level is a concentration dose 5 25 exceeding seventy parts per billion for the duration of 5 26 fourteen consecutive days. The sum of the hourly averages for 5 27 fourteen consecutive days shall not exceed twenty-three and 5 28 fifty-two hundredths parts per million-hour. 5 29 (2) The intermediate minimal risk level is a concentration 5 30 dose exceeding thirty parts per billion for the duration of 5 31 three hundred sixty-four consecutive days. The sum of the 5 32 hourly averages for three hundred sixty-four consecutive days 5 33 shall not exceed two hundred sixty-two parts per million-hour. 5 34 b. For an airborne pollutant that is ammonia, the minimal 5 35 risk levels are as follows: 6 1 (1) The minimal risk level is a concentration dose 6 2 exceeding one thousand seven hundred parts per billion for the 6 3 duration of fourteen consecutive days. The sum of the hourly 6 4 averages for fourteen consecutive days shall not exceed five 6 5 hundred seventy-one parts per million-hour. 6 6 (2) The chronic minimal risk level is a concentration dose 6 7 exceeding three hundred parts per billion for the duration of 6 8 three hundred sixty-five or more consecutive days. The sum of 6 9 the hourly averages for three hundred sixty-five consecutive 6 10 days shall not exceed two thousand six hundred twenty-eight 6 11 parts per million-hour. 6 12 c. A consecutive day for purposes of this subsection shall 6 13 be determined as provided in this paragraph. Hourly averages 6 14 must first be computed by averaging all valid five-minute 6 15 averages recorded by the data acquisition system in that hour. 6 16 An hourly average is considered valid if at least forty-five 6 17 minutes of valid five-minute averages are recorded by the date 6 18 acquisition system. A sampling day consists of twenty-four 6 19 nonoverlapping hours beginning from midnight on a given day to 6 20 midnight on the following day. A day of continuous monitoring 6 21 data is valid if at least eighteen hours of valid hourly 6 22 averages have been recorded at the monitoring location. To 6 23 determine the daily average, each of the valid hourly 6 24 concentrations associated with a sampling day shall be 6 25 averaged and truncated to one part per billion. The daily 6 26 average shall be used to compare with the appropriate minimal 6 27 risk level or health effect level to determine whether the 6 28 requisite number of consecutive daily averages exceeds the 6 29 applicable concentration dose. 6 30 5. After completion of the field study, the commission may 6 31 adopt rules pursuant to chapter 17A, except section 17A.4, 6 32 subsection 2, and section 17A.5, subsection 2, paragraph "b", 6 33 to do any of the following: 6 34 a. Establish recommended best management practices, 6 35 mechanisms, processes, or infrastructure designed to reduce 7 1 airborne pollutants from animal feeding operations in 7 2 accordance with this section. The recommended best management 7 3 practices, mechanisms, processes, or infrastructure may be 7 4 developed for a particular air pollutant and for a specific 7 5 type of confinement feeding operating structure if the data 7 6 from the field study demonstrates to a reasonable degree of 7 7 scientific certainty that a particular airborne pollutant from 7 8 that type of confinement feeding operation structure is 7 9 present at the separated location at a level exceeding a 7 10 minimal risk level for hydrogen sulfide or ammonia, or as 7 11 applicable a health effect level for odor. The department 7 12 shall consult with the department of agriculture and land 7 13 stewardship, Iowa state university college of agriculture, and 7 14 livestock producers who may be impacted before establishing 7 15 recommended best management practices, mechanisms, processes, 7 16 or infrastructure. The department shall provide a procedure 7 17 for the approval of alternative or experimental best 7 18 management practices, mechanisms, processes, or infrastructure 7 19 designed to reduce an airborne pollutant from an animal 7 20 feeding operation. 7 21 b. Establish rules for the enforcement of a minimal risk 7 22 level or health effect level only in accordance with this 7 23 subsection. The commission may adopt rules providing for the 7 24 enforcement of a minimal risk level for hydrogen sulfide or 7 25 ammonia, or as applicable a health effect level for odor for a 7 26 particular airborne pollutant, for a specific type of 7 27 confinement feeding operation structure if all of the 7 28 following apply: 7 29 (1) The data from the field study demonstrates to a 7 30 reasonable degree of scientific certainty that the airborne 7 31 pollutant from that type of confinement feeding operation 7 32 structure is present at separated locations at levels 7 33 exceeding the minimal risk level for hydrogen sulfide or 7 34 ammonia, or as applicable a health effect level for odor. 7 35 (2) A statute that provides for the health effect level is 8 1 enacted. 8 2 The commission shall not adopt rules if the data does not 8 3 demonstrate to a reasonable degree of scientific certainty 8 4 that the airborne pollutant from a specific type of 8 5 confinement feeding operation structure is present at 8 6 separated locations at levels that exceed the minimal risk 8 7 level for hydrogen sulfide or ammonia, or as applicable the 8 8 health effect level for odor. 8 9 6. If the commission adopts rules under subsection 5, the 8 10 department may monitor the level of airborne pollutants at a 8 11 separated location in accordance with subsection 3. However, 8 12 the department shall not monitor the level of airborne 8 13 pollutants unless a written complaint is received from the 8 14 owner or occupant of the separated location. The department 8 15 shall monitor the level of airborne pollutants by collecting 8 16 data at the separated location owned or occupied by the person 8 17 making the complaint. In providing for the enforcement of the 8 18 minimal risk level for hydrogen sulfide or ammonia, or as 8 19 applicable the health effect level for odor, the department 8 20 shall take all measurements at the separated location in 8 21 accordance with subsection 3. 8 22 a. In using monitoring equipment to collect data for 8 23 hydrogen sulfide, equipment shall incorporate a thermal 8 24 oxidizer and a reference method for the measurement of ambient 8 25 concentrations of sulfur dioxide that meet all calibrations, 8 26 standards, and testing requirements established by the United 8 27 States environmental protection agency. In using monitoring 8 28 equipment to collect data for ammonia, the equipment shall 8 29 incorporate a thermal oxidizer and a reference method for the 8 30 measurement of ambient concentrations of nitrogen dioxide that 8 31 meet all calibrations, standards, and testing requirements 8 32 established by the United States environmental protection 8 33 agency. 8 34 b. The department shall not enforce a rule adopted 8 35 pursuant to this section based on data, if any of the 9 1 following apply to the collection of such data: 9 2 (1) The data is collected from a site other than a 9 3 separated location as provided in this section. 9 4 (2) The data collected exceeds the minimal risk level or 9 5 health effect level but is within the monitoring equipment's 9 6 margin of error as established pursuant to rules which shall 9 7 be adopted by the commission. 9 8 (3) The monitoring equipment used to collect data for 9 9 hydrogen sulfide or ammonia does not meet the specifications 9 10 for such equipment as required by this section or rules 9 11 adopted by the commission. 9 12 c. If the department determines that a violation of a 9 13 minimal risk level or health effect level exists, the 9 14 department shall conduct an investigation to trace the source 9 15 of the airborne pollutant after the department has collected 9 16 data measuring an airborne pollutant from a separated 9 17 location. The department may enter the premises of a 9 18 confinement feeding operation in compliance with section 9 19 455B.103. The department shall comply with standard 9 20 biosecurity requirements customarily required by the 9 21 confinement feeding operation that are necessary to control 9 22 the spread of disease among an animal population. 9 23 d. If the department determines that a violation of a 9 24 minimal risk level or health effect level is caused by an 9 25 airborne pollutant from a confinement feeding operation 9 26 structure, the department shall issue a written notice to the 9 27 owner of the confinement feeding operation. The notice shall 9 28 require that the owner reduce the emission of the airborne 9 29 pollutant to meet the minimal risk level or health effect 9 30 level. The notice shall expire one year from the date of its 9 31 issuance. The owner shall not be in violation of state law 9 32 for failing to comply with the notice during its effective 9 33 period. If the department determines that a violation of a 9 34 minimal risk level or health effect level is caused by an 9 35 airborne pollutant from the confinement feeding operation 10 1 structure after the notice has expired, the department may 10 2 commence an enforcement action as provided in this chapter. 10 3 However, the owner shall not be subject to an enforcement 10 4 action for the period that the department's notice is in 10 5 effect, and shall not be subject to the imposition of 10 6 penalties based on a violation during that period. 10 7 7. The commission's rules providing for a minimal risk 10 8 level or health effect level shall not exceed a standard or 10 9 limitation applying to the same minimal risk level or health 10 10 effect level pursuant to the requirements of the federal Clean 10 11 Air Act as amended through January 1, 1991, or regulations 10 12 promulgated by the United States environmental protection 10 13 agency. This section shall supersede the commission's 10 14 authority under section 455B.133. 10 15 EXPLANATION 10 16 GENERAL. This bill amends provisions in Code chapters 455B 10 17 and 459, regulating air quality administered by the department 10 18 of natural resources. Code chapter 455B, division II, 10 19 provides general air quality regulatory authority to the 10 20 department, and Code chapter 459 specifically regulates animal 10 21 feeding operations and especially confinement feeding 10 22 operations. 10 23 REGULATION OF AIR CONTAMINANTS. Code section 455B.133 10 24 authorizes the department to adopt rules that establish 10 25 standards for air contaminants that may be emitted from any 10 26 source. The standards cannot exceed those promulgated by the 10 27 United States environmental protection agency, but the Code 10 28 section does authorize the department to adopt standards for 10 29 emissions from other sources. The bill provides that the 10 30 commission is prohibited from adopting a standard for these 10 31 other sources. The bill also provides that the department 10 32 cannot adopt rules that apply to animal feeding operations 10 33 other than as provided in Code chapter 459. That Code chapter 10 34 provides authority to the department to regulate animal 10 35 feeding operations, including the emission of airborne 11 1 pollutants. 11 2 HEALTH EFFECT ADVISORY PANEL. The bill creates new Code 11 3 section 455B.133A, which requires the establishment of a 11 4 health effect advisory panel. The panel must be composed of a 11 5 number of persons representing public and private 11 6 organizations, including regulators, the scientific community, 11 7 animal agriculture, rural residents, and industry. The 11 8 purpose of the panel is to advise the department and to issue 11 9 interim reports and a final report to the general assembly 11 10 regarding health effect levels of odor. The department of 11 11 natural resources is prohibited from adopting standards for a 11 12 health effect level before the panel submits its final report 11 13 to the general assembly and a health effect level is 11 14 established by statute. 11 15 AIR POLLUTANTS EMITTED FROM ANIMAL FEEDING OPERATIONS. 11 16 Current Code section 459.207 requires the department to 11 17 conduct a comprehensive field study to monitor the level of 11 18 airborne pollutants (defined as hydrogen sulfide, ammonia, or 11 19 odor) emitted from animal feeding operations. The Code 11 20 section provides that plans and programs established by the 11 21 department cannot provide for the enforcement of an air 11 22 quality standard prior to December 1, 2004. The Code section 11 23 also provides that any air quality standard established by the 11 24 department must be based on, and enforced at, distances 11 25 measured from a confinement feeding operation structure to a 11 26 separated location defined as a residence, school, church, 11 27 business, or public use area (but not public thoroughfare). 11 28 In providing for enforcement, the department must take all 11 29 initial measurements at the separated location. If the 11 30 department determines that a violation of a standard exists, 11 31 it may conduct an investigation to trace the source of the 11 32 airborne pollutant. 11 33 The bill rewrites Code section 459.207. The provides that 11 34 departmental standards must be based on a "health effect 11 35 level" for odor that is at a level and duration of exposure 12 1 that causes a material and verifiable physical disease 12 2 consistent with the average exposure periods and levels 12 3 recorded at a separated location. The standards also provide 12 4 for a "minimal risk level" that is a duration of exposure to 12 5 hydrogen sulfide or ammonia as recorded at separated 12 6 locations. 12 7 The bill provides that the department must conduct a 12 8 comprehensive field study to monitor the level of airborne 12 9 pollutants emitted from animal feeding operations for a period 12 10 of at least three years. The bill establishes minimum 12 11 separation distances for monitoring hydrogen sulfide, ammonia, 12 12 and odor. The bill provides specific concentrations for 12 13 hydrogen sulfide and ammonia which constitute health effect 12 14 levels. The bill establishes minimal risk levels for both 12 15 hydrogen sulfide and ammonia and procedures for sampling and 12 16 maintaining data. 12 17 The bill requires the department to establish best 12 18 management practices, mechanisms, processes, or infrastructure 12 19 designed to reduce airborne pollutants. The department must 12 20 also provide a procedure for the approval of alternative or 12 21 experimental best management practices, mechanisms, processes, 12 22 or infrastructure. The bill prescribes how the department may 12 23 monitor the level of airborne pollutants at particular 12 24 locations. 12 25 The bill establishes technical standards for equipment used 12 26 to measure airborne pollutants, including a thermal oxidizer 12 27 and a reference method for the measurement of ambient 12 28 concentrations as set out by the United States environmental 12 29 protection agency. The bill restricts enforcement of a 12 30 standard if data are not collected as required in the bill. 12 31 It also provides that if the department determines that a 12 32 violation of a minimum risk level or health effect level 12 33 exists, it must provide the owner of the confinement feeding 12 34 operation with a one-year grace period in order to comply with 12 35 the department's standards. The department's rules cannot 13 1 exceed a standard adopted by the United States environmental 13 2 protection agency. 13 3 A person who violates a provision of the bill is subject to 13 4 a civil penalty which is established, assessed, and collected 13 5 in the same manner as provided in Code section 455B.109. That 13 6 Code section requires the department to establish a schedule 13 7 of penalties for violations. A civil penalty may be up to 13 8 $10,000 and each day of a violation constitutes a separate 13 9 offense. 13 10 LSB 6597SV 80 13 11 da/gg/14
Text: SF02266 Text: SF02268 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 2004 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Thu Apr 8 03:30:00 CDT 2004
URL: /DOCS/GA/80GA/Legislation/SF/02200/SF02267/040304.html
jhf