Senate File 2078 - Introduced SENATE FILE 2078 BY SODDERS A BILL FOR An Act relating to applications for major air contaminant 1 sources regulated by the department of natural resources by 2 providing for public participation. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5228SS (2) 83 da/sc
S.F. 2078 Section 1. Section 455B.134, subsection 3, Code 2009, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . h. In providing for public participation 3 concerning an application involving prevention of significant 4 deterioration permits for the construction or modification of 5 a major stationary source as provided in 567 IAC 33.3, the 6 department shall provide that not more than thirty calendar 7 days be provided for public comment and for notification of a 8 public hearing. A public hearing shall be held in the county 9 impacted by the proposed source or modification. A subsequent 10 public hearing may only be held in such county or a contiguous 11 county. The department shall not reopen or extend the public 12 comment period for more than fifteen calendar days after the 13 department determines that the original comment period raised 14 substantial new issues concerning the permit. The reopened or 15 extended period for public comment shall be limited to only 16 the substantial new issues raised during the original comment 17 period. 18 EXPLANATION 19 This bill amends Code section 455B.134 which in part 20 authorizes the department of natural resources to grant permits 21 for the construction or operation of a major stationary source 22 of air contaminants, or the modification of a permit issued by 23 the department. This bill requires that the department provide 24 a period of time for written public comment and for a public 25 hearing concerning such an application in the county impacted 26 by the proposed major stationary source. 27 A major stationary source includes a number of industries 28 listed by departmental rule which may emit high concentrations 29 of pollutants, including a number of types of plants involved 30 in processing wood, minerals, metals, fuel, chemicals, and 31 refuse (See 567 IAC 33.3). 32 -1- LSB 5228SS (2) 83 da/sc 1/ 1