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The Iowa DNR Air Quality Bureau (DNR) invites the public to provide informal comments on a draft rulemaking proposal. The draft air quality rule changes will clarify the provisions for fees associated with asbestos demolition and renovation projects to match Iowa Code.
The draft rulemaking proposal can be viewed on the Stakeholder Involvement webpage at www.iowadnr.gov/airstakeholder under Public Input.
Iowa Code section 455B.133C(7)(a) states, “The asbestos account shall include all fees established by the commission to be imposed and collected by the department for accepting notifications involving demolition or renovation projects under the asbestos national emission standard for hazardous air pollutants program pursuant to 567 IAC ch.23.”
Currently, subrule 30.3(1) states that “the owner or operator of a site subject to the national emissions standard for hazardous air pollutants (NESHAP) for asbestos notifications, adopted by reference in 567 paragraph 23.1(2)“a,” shall submit a fee with each original and each annual notification for each demolition or renovation, including abatement.” However, subrule 30.3(2)”a”, which is part of a list stating when fees are not required, appears to conflict with subrule 30.3(1), by excluding all demolition and renovation projects when certain thresholds have not been met.
The exception described in subrule 30.3(2)”a”, is meant to apply only to asbestos NESHAP renovation projects, and not to asbestos NESHAP demolition projects. The asbestos NESHAP requires notification of all demolition projects, regardless of whether or not asbestos is present.
The DNR is proposing to rescind paragraph “a” so that owners and operators are not confused about whether a fee is required, and so that rule 567-30.3(455B) is consistent with the Iowa Code.
Written comments and suggestions on the draft proposal should be provided to Christine Paulson, Iowa DNR Air Quality Bureau, by Friday, December 2, 2016, at Christine.Paulson@dnr.iowa.gov, or by mail or hand-delivery to: DNR Air Quality Bureau, 7900 Hickman Road, Suite 1, Windsor Heights, Iowa, 50324
This informal comment period is an opportunity for stakeholders to assist the DNR in developing the rule proposal. After considering public input, the DNR will determine whether to proceed with the rule making and present a proposal to the Environmental Protection Commission (Commission). The public may also provide comments on the proposal at the Commission meeting. If the Commission approves the proposal for public comment, the Notice of Intended Action will be published in the Iowa Administrative Bulletin. The Notice’s publication will initiate a formal public comment period of at least 30 days. The DNR will hold a public hearing during the public comment period.
For more information, please contact Christine Paulson at the e-mail address noted above or by phone at (515) 725-9510.