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Opportunity to provide input on draft rules to provide regulatory certainty

The Iowa DNR Air Quality Bureau (DNR) invites the public to provide informal comments on a draft rulemaking proposal.

The purpose of the proposed air quality rule changes is to:

1) Rescind unnecessary rules and update other rules to provide regulatory certainty and flexibility. The draft rules will implement a portion of the Iowa DNR's 5-year rules review plan to accomplish the requirements of Iowa Code section 17A.7(2). The rule changes continue previous efforts in the Department of Natural Resources' (DNR's) rules review plan to identify rules that can be rescinded or amended because they are outdated or obsolete.

2) Offer uniform rules by making changes that match federal regulations and eliminated inconsistency between federal and state rules. The draft proposal includes changes to adopt federal National Emissions Standards for Hazardous Air Pollutants (NESHAP) and New Source Performance Standards (NSPS). Most of the proposed changes affect existing federal standards that the DNR has already adopted by reference, but that EPA has since amended. By adopting federal updates into state administrative rules, the DNR is ensuring that Iowa's air quality rules are no more stringent than federal regulations. Adopting EPA's amendments also allows state rules to be consistent with federal regulations, and provides certainty to affected businesses and other interested stakeholders.

Summary of Draft Proposal

The proposed rule changes continue previous efforts to identify rules that can be rescinded or amended for air quality programs, including construction permits, Title V permits, Prevention of Significant Deterioration (PSD), air toxics standards, and testing and monitoring methods because the rules are outdated or obsolete. The proposed rules achieve a purpose similar to the Regulatory Certainty rulemaking package adopted earlier this year.

The rule changes also include adoption of new and revised federal air toxics standards (also known as National Emissions Standards for Hazardous Air Pollutants or NESHAP) and new source performance standards (NSPS). These include changes affecting existing federal standards that are already adopted by reference, but that EPA has since amended. Adopting EPA’s amendments allows state rules to be consistent with federal regulations, and provides certainty to affected businesses and other interested stakeholders.

How to Provide Input

Written comments and suggestions on the draft proposal may be provided to Christine Paulson, Iowa DNR Air Quality Bureau, by Tuesday, May 30, 2017, 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.

The draft rulemaking package is available on the DNR's website at www.iowadnr.gov/airstakeholder under the Public Input section.

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.

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