A bill for an act relating to duties of the department of natural resources related to air quality including reporting requirements, certifications, data gathering, and rules references.(Formerly HSB 103 .)

House

File

847

-

Introduced

HOUSE

FILE

847

BY

COMMITTEE

ON

NATURAL

RESOURCES

(SUCCESSOR

TO

HSB

103)

(COMPANION

TO

SF

338

BY

COMMITTEE

ON

NATURAL

RESOURCES

AND

ENVIRONMENT)

A

BILL

FOR

An

Act

relating

to

duties

of

the

department

of

natural

1

resources

related

to

air

quality

including

reporting

2

requirements,

certifications,

data

gathering,

and

rules

3

references.

4

BE

IT

ENACTED

BY

THE

GENERAL

ASSEMBLY

OF

THE

STATE

OF

IOWA:

5

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847

Section

1.

Section

455B.104,

subsection

4,

Code

2025,

is

1

amended

to

read

as

follows:

2

4.

By

December

31

of

each

year,

the

department

shall

submit

3

a

report

to

the

governor

and

the

general

assembly

regarding

4

the

greenhouse

gas

emissions

in

the

state

during

the

previous

5

calendar

year

and

forecasting

trends

in

such

emissions

that

6

occurred

during

the

two

calendar

years

prior

to

the

current

7

calendar

year

.

The

first

submission

by

the

department

shall

8

be

filed

by

December

31,

2011,

for

the

calendar

year

beginning

9

January

1,

2010.

If

completed,

the

publication

of

an

annual

10

statewide

greenhouse

gas

inventory

for

the

state

by

the

United

11

States

environmental

protection

agency

shall

satisfy

this

12

requirement.

13

Sec.

2.

Section

455B.133B,

subsection

5,

paragraph

a,

Code

14

2025,

is

amended

to

read

as

follows:

15

a.

The

air

emission

fee

account

shall

include

all

fees

16

established

by

the

commission

to

be

imposed

and

collected

by

17

the

department

for

emission

fees

for

regulated

pollutants

18

submitted

by

major

sources

as

defined

in

section

502

of

the

19

federal

Clean

Air

Act

Amendments

of

1990,

42

U.S.C.

§7661,

and

20

as

defined

in

567

IAC

ch.

22

by

the

commission

by

rule

pursuant

21

to

section

455B.133

.

22

Sec.

3.

Section

455B.133B,

subsection

6,

paragraph

a,

Code

23

2025,

is

amended

to

read

as

follows:

24

a.

The

operating

permit

application

fee

account

shall

25

include

all

fees

established

by

the

commission

to

be

imposed

26

and

collected

by

the

department

for

accepting

applications

27

for

operating

permits

submitted

by

major

sources

as

defined

28

in

section

502

of

the

federal

Clean

Air

Act

Amendments

of

29

1990,

42

U.S.C.

§7661,

and

as

defined

in

567

IAC

ch.

22

by

the

30

commission

by

rule

pursuant

to

section

455B.133

.

31

Sec.

4.

Section

455B.304,

subsection

12,

Code

2025,

is

32

amended

by

striking

the

subsection.

33

Sec.

5.

REPEAL.

Section

455B.152,

Code

2025,

is

repealed.

34

EXPLANATION

35

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847

The

inclusion

of

this

explanation

does

not

constitute

agreement

with

1

the

explanation’s

substance

by

the

members

of

the

general

assembly.

2

This

bill

relates

to

duties

of

the

department

of

natural

3

resources

(DNR)

related

to

air

quality.

4

Under

current

law,

DNR

is

required

to

submit

a

report

to

the

5

governor

and

general

assembly

yearly

by

December

31

regarding

6

greenhouse

gas

emissions

in

the

state

during

the

previous

7

calendar

year.

Pursuant

to

the

Consolidated

Appropriations

8

Act

of

2008,

the

United

States

environmental

protection

agency

9

(EPA)

has

started

conducting

annual

statewide

greenhouse

gas

10

inventories.

These

inventories

cover

the

year

prior

to

the

11

previous

year.

The

bill

changes

the

time

frame

covered

by

the

12

report

to

include

emissions

that

occurred

two

calendar

years

13

prior

to

the

current

calendar

year

to

align

with

EPA’s

schedule

14

and

allows

the

EPA

inventory,

if

completed,

to

fulfill

the

15

reporting

requirement.

16

As

a

result

of

administrative

code

realignment,

rules

17

relating

to

emission

fees

and

operating

permits

previously

in

18

567

IAC

ch.

22

were

moved

to

567

IAC

ch.

24.

The

bill

removes

19

specified

rule

references

to

conform

to

the

Iowa

administrative

20

code

change.

21

The

bill

removes

a

provision

requiring

the

environmental

22

protection

commission

to

adopt

rules

for

the

certification

of

23

solid

waste

incinerator

operators.

24

Under

current

law,

DNR

is

required

to

create

a

greenhouse

25

gas

inventory

by

gathering

data

and

reporting

information

from

26

producers

of

greenhouse

gases

regarding

their

emissions

and

27

coordinate

this

data

collection

with

EPA.

Additionally,

DNR

is

28

required

to

establish

a

voluntary

greenhouse

gas

registry.

The

29

bill

repeals

these

requirements.

Federal

regulations

provide

30

requirements

for

greenhouse

gas

reporting

and

a

voluntary

31

greenhouse

gas

registry.

32

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