House File 435
HOUSE FILE
BY SHOULTZ
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to mercury emissions from electricity generators,
2 medical waste incineration facilities, and municipal solid
3 waste incineration facilities and providing an effective date.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2241HH 80
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PAG LIN
1 1 Section 1. Section 455B.131, Code 2003, is amended by
1 2 adding the following new subsections:
1 3 NEW SUBSECTION. 3A. "Annual mercury emissions" means the
1 4 pounds of mercury emitted by a mercury source in a given
1 5 calendar year, using the methodology adopted by the commission
1 6 pursuant to section 455B.133, subsection 11, paragraph "a".
1 7 NEW SUBSECTION. 5A. "Electricity generators" means a
1 8 stationary source with a nameplate capacity of fifteen
1 9 megawatts or greater that uses a combustion installation to
1 10 generate electricity for sale or use.
1 11 NEW SUBSECTION. 7A. "Medical waste incineration facility"
1 12 means any enclosed combustion device including a boiler, an
1 13 industrial furnace, a waste=to=energy facility, a kiln, and a
1 14 cogeneration unit used to burn medical waste.
1 15 NEW SUBSECTION. 7B. "Mercury" means elemental mercury and
1 16 any compound containing mercury.
1 17 NEW SUBSECTION. 7C. "Mercury source" means an electricity
1 18 generator, a municipal solid waste incineration facility, or a
1 19 medical waste incineration facility that emits mercury.
1 20 NEW SUBSECTION. 7D. "Municipal solid waste incineration
1 21 facility" means any enclosed combustion device including a
1 22 boiler, an industrial furnace, a waste=to=energy facility, a
1 23 kiln, and a cogeneration unit used to burn solid waste of a
1 24 municipality.
1 25 Sec. 2. Section 455B.133, Code 2003, is amended by adding
1 26 the following new subsection:
1 27 NEW SUBSECTION. 11. a. Within twelve months of the
1 28 effective date of this Act, the commission shall adopt rules
1 29 that provide a methodology for determining annual mercury
1 30 emissions, measured in pounds, from mercury sources in the
1 31 state.
1 32 b. Mercury sources shall provide the commission with the
1 33 annual mercury emissions for each source, using the
1 34 methodology adopted by the commission pursuant to paragraph
1 35 "a". An electricity generator shall provide the commission
2 1 with the number of megawatts generated in the calendar year by
2 2 the electricity generator. A municipal solid waste
2 3 incineration facility or a medical waste incineration facility
2 4 shall provide the commission with the number of tons of waste
2 5 burned in the calendar year by the facility.
2 6 c. Using the data electricity generators supply pursuant
2 7 to paragraph "b", the commission shall divide the sum of the
2 8 annual mercury emissions statewide by the sum of the number of
2 9 megawatts generated statewide to establish the baseline rate
2 10 of annual mercury emissions for electricity generators. The
2 11 annual maximum level of mercury emissions for electricity
2 12 generators shall equal ten percent of the baseline rate.
2 13 d. Using the data municipal solid waste incineration
2 14 facilities and medical waste incineration facilities supply
2 15 pursuant to paragraph "b", the commission shall divide the sum
2 16 of the annual mercury emissions statewide by the sum of the
2 17 tons of waste burned statewide to establish the baseline rate
2 18 of annual mercury emissions for municipal solid waste
2 19 incineration facilities and medical waste incineration
2 20 facilities. The annual maximum level of mercury emissions for
2 21 municipal solid waste incineration facilities and medical
2 22 waste incineration facilities shall equal ten percent of the
2 23 baseline rate.
2 24 e. Within three years of the effective date of this Act,
2 25 the commission shall adopt rules regarding methods for
2 26 reducing mercury emissions from mercury sources in order to
2 27 comply with the annual maximum levels of mercury emissions for
2 28 mercury sources.
2 29 f. Within four years of the effective date of this Act,
2 30 the commission, in conjunction with the Iowa department of
2 31 public health, shall adopt a report regarding the effects of
2 32 mercury emissions on human health and the environment. The
2 33 report shall be submitted to the governor and the general
2 34 assembly and made available to the general public.
2 35 Sec. 3. NEW SECTION. 455B.133A MERCURY EMISSIONS.
3 1 1. On or after January 1, 2010, an electricity generator
3 2 shall not emit more than the annual maximum level of mercury
3 3 emissions determined by the commission in section 455B.133,
3 4 subsection 11, paragraph "c", in any given calendar year.
3 5 2. On or after January 1, 2010, a municipal solid waste
3 6 incineration facility or a medical waste incineration facility
3 7 shall not emit more than the annual maximum level of mercury
3 8 emissions determined by the commission in section 455B.133,
3 9 subsection 11, paragraph "d", in any given calendar year.
3 10 3. By May 1, 2011, and annually thereafter, a mercury
3 11 source shall submit a report to the department which provides
3 12 the annual mercury emissions emitted in the previous calendar
3 13 year by the mercury source using the methodology adopted by
3 14 the commission pursuant to section 455B.133, subsection 11,
3 15 paragraph "a".
3 16 Sec. 4. EFFECTIVE DATE. This Act, being deemed of
3 17 immediate importance, takes effect upon enactment.
3 18 EXPLANATION
3 19 This bill relates to mercury emissions from electricity
3 20 generators, medical waste incineration facilities, and
3 21 municipal solid waste incineration facilities.
3 22 The bill provides that, within 12 months of the effective
3 23 date of the bill, the environmental protection commission
3 24 shall adopt rules that provide a methodology for determining
3 25 annual mercury emissions, measured in pounds, from mercury
3 26 sources in the state. Mercury sources are defined as
3 27 electricity generators, medical waste incineration facilities,
3 28 and municipal solid waste incineration facilities. The bill
3 29 provides that a mercury source shall provide the commission
3 30 with the annual mercury emissions for the source, an
3 31 electricity generator shall provide the commission with the
3 32 number of megawatts generated in the calendar year by the
3 33 electricity generator, and a municipal solid waste
3 34 incineration facility or medical waste incineration facility
3 35 shall provide the commission with the number of tons of waste
4 1 burned in the calendar year by the facility.
4 2 The bill provides that, using the data electricity
4 3 generators, municipal solid waste incineration facilities, and
4 4 medical waste incineration facilities supply, the commission
4 5 shall establish the baseline rate of annual mercury emissions
4 6 for electricity generators, municipal solid waste incineration
4 7 facilities, and medical waste incineration facilities. The
4 8 bill provides that the annual maximum level of mercury
4 9 emissions for electricity generators, municipal solid waste
4 10 incineration facilities, and medical waste incineration
4 11 facilities shall equal 10 percent of the baseline rate.
4 12 The bill provides that, within three years of the effective
4 13 date of the bill, the commission shall adopt rules regarding
4 14 methods for reducing mercury emissions from mercury sources.
4 15 Within four years of the effective date of the bill, the
4 16 commission, in conjunction with the Iowa department of public
4 17 health, shall adopt a report regarding the effects of mercury
4 18 emissions on human health and the environment.
4 19 The bill provides that, on or after January 1, 2010, an
4 20 electricity generator, municipal solid waste incineration
4 21 facility, or a medical waste incineration facility shall not
4 22 emit more than the annual maximum level of mercury emissions
4 23 in any given calendar year. The bill provides that, by May 1,
4 24 2011, and annually thereafter, a mercury source shall submit a
4 25 report to the department of natural resources which provides
4 26 the annual mercury emissions emitted in the previous calendar
4 27 year by the mercury source.
4 28 The bill takes effect upon enactment.
4 29 LSB 2241HH 80
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