Bill Text: IA SSB3004 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A study bill for an act relating to certain conditional permits issued by the department of natural resources relating to air and water quality.
Spectrum: Unknown
Status: (N/A - Dead) 2014-01-14 - In Natural Resources and Environment [SSB3004 Detail]
Download: Iowa-2013-SSB3004-Introduced.html
Senate
Study
Bill
3004
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
NATURAL
RESOURCES
BILL)
A
BILL
FOR
An
Act
relating
to
certain
conditional
permits
issued
by
the
1
department
of
natural
resources
relating
to
air
and
water
2
quality.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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H.F.
_____
Section
1.
Section
455B.105,
subsection
11,
paragraph
a,
1
Code
2014,
is
amended
to
read
as
follows:
2
a.
Adopt,
by
rule,
procedures
and
forms
necessary
to
3
implement
the
provisions
of
this
chapter
and
chapters
459
,
4
459A
,
and
459B
relating
to
permits
,
conditional
permits,
and
5
general
permits.
The
commission
may
also
adopt,
by
rule,
a
6
schedule
of
fees
for
permit
and
conditional
permit
applications
7
and
a
schedule
of
fees
which
may
be
periodically
assessed
8
for
administration
of
permits
and
conditional
permits
.
In
9
determining
the
fee
schedules,
the
commission
shall
consider:
10
(1)
The
state’s
reasonable
cost
of
reviewing
applications,
11
issuing
permits
and
conditional
permits
,
and
checking
12
compliance
with
the
terms
of
the
permits.
13
(2)
The
relative
benefits
to
the
applicant
and
to
the
14
public
of
permit
and
conditional
permit
review,
issuance,
and
15
monitoring
compliance.
It
is
the
intention
of
the
legislature
16
that
permit
fees
shall
not
cover
any
costs
connected
with
17
correcting
violation
of
the
terms
of
any
permit
and
shall
not
18
impose
unreasonable
costs
on
any
municipality.
19
(3)
The
typical
costs
of
the
particular
types
of
projects
20
or
activities
for
which
permits
or
conditional
permits
are
21
required,
provided
that
in
no
circumstances
shall
fees
be
in
22
excess
of
the
actual
costs
to
the
department.
23
Sec.
2.
Section
455B.133,
subsection
6,
paragraph
a,
Code
24
2014,
is
amended
to
read
as
follows:
25
a.
Require,
by
rules,
notice
of
the
construction
of
any
26
air
contaminant
source
which
may
cause
or
contribute
to
air
27
pollution,
and
the
submission
of
plans
and
specifications
to
28
the
department,
or
other
information
deemed
necessary,
for
the
29
installation
of
air
contaminant
sources
and
related
control
30
equipment.
The
rules
shall
allow
the
owner
or
operator
of
a
31
major
stationary
source
to
elect
to
obtain
a
conditional
permit
32
in
lieu
of
a
construction
permit.
The
rules
relating
to
a
33
conditional
permit
for
an
electric
power
generating
facility
34
subject
to
chapter
476A
and
other
major
stationary
sources
35
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shall
allow
the
submission
of
engineering
descriptions,
flow
1
diagrams
and
schematics
that
quantitatively
and
qualitatively
2
identify
emission
streams
and
alternative
control
equipment
3
that
will
provide
compliance
with
emission
standards.
Such
4
rules
shall
not
specify
any
particular
method
to
be
used
to
5
reduce
undesirable
levels
of
emissions,
nor
type,
design,
or
6
method
of
installation
of
any
equipment
to
be
used
to
reduce
7
such
levels
of
emissions,
nor
the
type,
design,
or
method
of
8
installation
or
type
of
construction
of
any
manufacturing
9
processes
or
kinds
of
equipment,
nor
specify
the
kind
or
10
composition
of
fuels
permitted
to
be
sold,
stored,
or
used
11
unless
authorized
by
subsection
4
of
this
section
.
12
Sec.
3.
Section
455B.134,
subsection
3,
unnumbered
13
paragraph
1,
Code
2014,
is
amended
to
read
as
follows:
14
Grant,
modify,
suspend,
terminate,
revoke,
reissue
,
15
or
deny
permits
for
the
construction
or
operation
of
new,
16
modified,
or
existing
air
contaminant
sources
and
for
related
17
control
equipment
,
and
conditional
permits
for
electric
18
power
generating
facilities
subject
to
chapter
476A
and
other
19
major
stationary
sources,
subject
to
the
rules
adopted
by
the
20
commission.
The
department
shall
furnish
necessary
application
21
forms
for
such
permits.
22
Sec.
4.
Section
455B.134,
subsection
3,
paragraphs
a,
b,
c,
23
and
e,
Code
2014,
are
amended
to
read
as
follows:
24
a.
No
air
contaminant
source
shall
be
installed,
altered
25
so
that
it
significantly
affects
emissions,
or
placed
in
use
26
unless
a
construction
or
conditional
permit
has
been
issued
for
27
the
source.
28
b.
The
condition
of
expected
performance
shall
be
reasonably
29
detailed
in
the
construction
or
conditional
permit.
30
c.
All
applications
for
permits
other
than
conditional
31
permits
for
electric
generating
facilities
shall
be
subject
to
32
such
notice
and
public
participation
as
may
be
provided
by
rule
33
by
the
commission.
Upon
denial
or
limitation
of
a
permit
other
34
than
a
conditional
permit
for
an
electric
generating
facility
,
35
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the
applicant
shall
be
notified
of
such
denial
and
informed
of
1
the
reason
or
reasons
therefor,
and
such
applicant
shall
be
2
entitled
to
a
hearing
before
the
commission.
3
e.
A
regulated
air
contaminant
source
for
which
a
4
construction
permit
or
conditional
permit
has
been
issued
5
shall
not
be
operated
unless
an
operating
permit
also
has
6
been
issued
for
the
source.
However,
if
the
facility
was
in
7
compliance
with
permit
conditions
prior
to
the
requirement
for
8
an
operating
permit
and
has
made
timely
application
for
an
9
operating
permit,
the
facility
may
continue
operation
until
10
the
operating
permit
is
issued
or
denied.
Operating
permits
11
shall
contain
the
requisite
conditions
and
compliance
schedules
12
to
ensure
conformance
with
state
and
federal
requirements
13
including
emission
allowances
for
sulfur
dioxide
emissions
14
for
sources
subject
to
Tit.
IV
of
the
federal
Clean
Air
Act
15
Amendments
of
1990.
If
construction
of
a
new
air
contaminant
16
source
is
proposed,
the
department
may
issue
an
operating
17
permit
concurrently
with
the
construction
permit,
if
possible
18
and
appropriate.
19
Sec.
5.
Section
455B.134,
subsection
3,
paragraph
d,
Code
20
2014,
is
amended
by
striking
the
paragraph.
21
Sec.
6.
Section
455B.147,
subsection
2,
Code
2014,
is
22
amended
by
striking
the
subsection.
23
Sec.
7.
Section
455B.173,
subsection
3,
paragraph
a,
Code
24
2014,
is
amended
by
striking
the
paragraph.
25
Sec.
8.
Section
455B.174,
subsection
4,
paragraph
d,
Code
26
2014,
is
amended
by
striking
the
paragraph.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
This
bill
eliminates
the
ability
of
the
department
of
31
natural
resources
to
issue
certain
conditional
permits
32
related
to
air
and
water
quality
to
electric
power
generating
33
facilities.
34
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