SF 2078 (LSB 5228SS (2) 83)

SENATE FILE 2078

BY  SODDERS

A BILL FOR

An Act relating to applications for major air contaminant sources regulated by the department of natural resources by providing for public participation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 455B.134, subsection 3, Code 2009, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  h.  In providing for public participation concerning an application involving prevention of significant deterioration permits for the construction or modification of a major stationary source as provided in 567 IAC 33.3, the department shall provide that not more than thirty calendar days be provided for public comment and for notification of a public hearing. A public hearing shall be held in the county impacted by the proposed source or modification. A subsequent public hearing may only be held in such county or a contiguous county. The department shall not reopen or extend the public comment period for more than fifteen calendar days after the department determines that the original comment period raised substantial new issues concerning the permit. The reopened or extended period for public comment shall be limited to only the substantial new issues raised during the original comment period.
EXPLANATION
   This bill amends Code section 455B.134 which in part authorizes the department of natural resources to grant permits for the construction or operation of a major stationary source of air contaminants, or the modification of a permit issued by the department. This bill requires that the department provide a period of time for written public comment and for a public hearing concerning such an application in the county impacted by the proposed major stationary source.
   A major stationary source includes a number of industries listed by departmental rule which may emit high concentrations of pollutants, including a number of types of plants involved in processing wood, minerals, metals, fuel, chemicals, and refuse (See 567 IAC 33.3).