It also looks like it tightly limits the means of taking samples--both in
terms of distances, periodicity (e.g. "364 consecutive days" in one case,
"14 consecutive days" in an another, etc.), and technology. An thick
amonia cloud instead of a simple smokescreen on what constitutes "credible
data."
Bill Witt
> 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.
>
> Clipped here>>>>>>>>>>>>>>>>>>>>
>
> 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.
> Clipped here>>>>>>>>>>>>
>
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