House File 608 - Introduced HOUSE FILE BY WINDSCHITL Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to air quality testing. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1792YH 83 4 tm/nh/5 PAG LIN 1 1 Section 1. NEW SECTION. 455B.133C AIR QUALITY TESTING. 1 2 1. The department shall not establish an emission limit or 1 3 standard, or make a compliance determination for particulate 1 4 matter of two and one=half micrometers in aerodynamic diameter 1 5 or less, that is not based on a test method approved and 1 6 promulgated as final by the United States environmental 1 7 protection agency in federal regulations. 1 8 2. By February 1 of each year, the department shall submit 1 9 a written report to the governor and the general assembly 1 10 identifying the location and purpose of each ambient air 1 11 quality monitor located in the state. The report shall 1 12 identify the specific air quality monitors required to meet 1 13 the minimum monitoring requirements stated in federal 1 14 regulations. For any ambient air quality monitor that exceeds 1 15 the minimum monitoring requirements provided in federal 1 16 regulations, the department shall provide a justification as 1 17 to the purpose of the monitor, the extent of the monitor's 1 18 coverage in terms of the percent of the population of the 1 19 state of Iowa, the five=year projected cost of owning and 1 20 operating each such monitor, and the justification or benefits 1 21 of continuing to operate each such monitor. The report shall 1 22 also include proof of public notice, comment, and 1 23 responsiveness. The report shall be provided prior to any 1 24 agreement between the department and the United States 1 25 environmental protection agency on the monitoring network plan 1 26 for the state. 1 27 3. a. The department shall not consider the results of 1 28 air dispersion modeling for purposes of issuing new source 1 29 review minor source or minor modification preconstruction air 1 30 quality permits. 1 31 b. The department shall not make the issuance of a new 1 32 source review preconstruction permit contingent upon air 1 33 dispersion modeling when such modeling is not required by 1 34 federal regulations. 1 35 4. The department shall not establish, in any permit, a 2 1 limitation on visible emissions or opacity which is not 2 2 codified under federal or state regulations or the result of a 2 3 best available control technology determination for a major 2 4 new source review permit action. 2 5 5. The department shall not establish an emission limit or 2 6 standard, make a compliance determination, or make a 2 7 permitting decision which is not based on specific rules 2 8 adopted by the commission. 2 9 EXPLANATION 2 10 This bill relates to air quality testing. 2 11 The bill prohibits the department of natural resources from 2 12 establishing an emission limit or standard, or making a 2 13 compliance determination for particulate matter of two and 2 14 one=half micrometers in aerodynamic diameter or less, that is 2 15 not based on a test method approved and promulgated as final 2 16 by the United States environmental protection agency in 2 17 federal regulations. 2 18 The bill provides that, by February 1 of each year, the 2 19 department shall submit a written report to the governor and 2 20 the general assembly identifying the location and purpose of 2 21 each ambient air quality monitor located in the state. 2 22 The bill prohibits the department from considering the 2 23 results of air dispersion modeling for purposes of issuing new 2 24 source review minor source or minor modification 2 25 preconstruction air quality permits. The bill also prohibits 2 26 the department from making the issuance of a new source review 2 27 preconstruction permit contingent upon air dispersion modeling 2 28 when such modeling is not required by federal regulations. 2 29 The bill prohibits the department from establishing, in any 2 30 permit, a limitation on visible emissions or opacity which is 2 31 not codified under federal or state regulations or the result 2 32 of a best available control technology determination for a 2 33 major new source review permit action. 2 34 The bill prohibits the department from establishing an 2 35 emission limit or standard, making a compliance determination, 3 1 or making a permitting decision which is not based on specific 3 2 rules adopted by the environmental protection commission. 3 3 LSB 1792YH 83 3 4 tm/nh/5.2