Rep. Greiner intends to run the bill on air quality, HSB 695, tomorrow at 1 pm in House Agriculture committee. This bill codifies highly problematic health effects numbers of hydrogen sulfide and ammmonia.....following up on the rules nullification of last session.

HSB695 which (as we read it) would generally prohibit the state from adopting rules on pollutants that are not regulated by the federal EPA and on animal confinement facilities.  


  1  1    Section 1.  Section 455B.133, subsection 4, unnumbered
  1  2 paragraph 1, Code 2003, is amended to read as follows:
  1  3    Adopt, amend, or repeal emission limitations or standards
  1  4 relating to the maximum quantities of air contaminants that
  1  5 may be emitted from any air contaminant source.  The standards
  1  6 or limitations adopted under this section shall not exceed the
  1  7 standards or limitations promulgated by the administrator of
  1  8 the United States environmental protection agency or the
  1  9 requirements of the federal Clean Air Act as amended through
  1 10 January 1, 1991.  This does not prohibit the The commission
  1 11 from adopting shall not adopt a standard for a source or class
  1 12 of sources for which the United States environmental
  1 13 protection agency has not promulgated a standard.  This also
  1 14 section does not prohibit the commission from adopting an
  1 15 emission standard or limitation for infectious medical waste
  1 16 treatment or disposal facilities which exceeds the standards
  1 17 or limitations promulgated by the administrator of the United
  1 18 States environmental protection agency or the requirements of
  1 19 the federal Clean Air Act as amended through January 1, 1991.
  1 20 The commission shall not adopt an emission standard or
  1 21 limitation for infectious medical waste treatment or disposal
  1 22 facilities prior to January 1, 1995, which exceeds the
  1 23 standards or limitations promulgated by the administrator of
  1 24 the United States environmental protection agency or the
  1 25 requirements of the federal Clean Air Act, as amended through
  1 26 January 1, 1991, for a hospital, or a group of hospitals,
  1 27 licensed under chapter 135B which has been operating an
  1 28 infectious medical waste treatment or disposal facility prior
  1 29 to January 1, 1991.  The commission shall not adopt or enforce
  1 30 rules under this section that apply to an animal feeding
  1 31 operation as provided in chapter 459.

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  9 23    7.  The commission's rules providing for a health effect
  9 24 level shall not exceed a standard or limitation applying to
  9 25 the same health effect level pursuant to the requirements of
  9 26 the federal Clean Air Act as amended through January 1, 1991,
  9 27 or regulations promulgated by the United States environmental
  9 28 protection agency.  This section shall supersede the
  9 29 commission's authority under section 455B.133.
  9 30                           EXPLANATION
  9 31    GENERAL.  This bill amends provisions in Code chapters 455B
  9 32 and 459, regulating air quality administered by the department
  9 33 of natural resources.  Code chapter 455B, division II,
  9 34 provides general air quality regulatory authority to the
  9 35 department, and Code chapter 459 specifically regulates animal
10  1 feeding operations and especially confinement feeding
10  2 operations.
10  3    REGULATION OF AIR CONTAMINANTS.  Code section 455B.133
10  4 authorizes the department to adopt rules that establish
10  5 standards for air contaminants that may be emitted from any
10  6 source.  The standards cannot exceed those promulgated by the
10  7 United States environmental protection agency, but the Code
10  8 section does authorize the department to adopt standards for
10  9 emissions from other sources.  The bill provides that the
10 10 commission is prohibited from adopting a standard for these
10 11 other sources.  The bill also provides that the department
10 12 cannot adopt rules that apply to animal feeding operations
10 13 other than as provided in Code chapter 459.  That Code chapter
10 14 provides authority to the department to regulate animal
10 15 feeding operations, including the emission of airborne
10 16 pollutants.
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