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On October 8, 2015, the Environmental Protection Commission (EPC) approved a Notice of Intended Action for asbestos notification fees and application fees for construction and operating permits. The EPC agenda, draft fee schedule, fiscal impact statement, job impact statement, and the rulemaking available at http://www.iowadnr.gov/Environmental-Protection/Air-Quality/Stakeholder-Involvement.
The Notice of Intended Action was published in the Iowa Administrative Bulletin (Bulletin) on October 28, 2015. The Bulletin is available at https://www.legis.iowa.gov/docs/aco/bulletin/10-28-2015.pdf.
Summary of Proposed Rule Changes This rulemaking will add a new Chapter 30 which will set forth:
1. The types of application and notification fees and the requirements to pay them; 2. The dollar cap for each fee and the process for establishing fees in the “fee schedule;” 3. Limitations on how fee revenues may be expended; and 4. Requirements for the Department to meet annually with each fee advisory group.
The rule provisions for the existing Title V emissions fee is proposed to be moved from Chapter 22 to Chapter 30 to consolidate all fee details in one chapter. The Title V emission dollar per ton cap is proposed to increase to $70/ton to reflect the estimated program expenses with projected actual emissions for FY2017. Maximum fee amounts are listed in 30.6. The proposed amendments would also clarify the Department’s current practice of excluding “greenhouse gases” from annual Title V air emissions fees by adding “greenhouse gases” to the list of regulated pollutants that are excluded from Title V air emissions fees.
Specific Areas of Comment The Commission is proposing to set a flat fee for new source review applications from minor sources, including registration permits, permit by rule, and permit templates; and for asbestos notifications. It is also proposing to assess billable, hourly review fees during the application review process for new source review applications for major sources and for applications for initial and renewal Title V operating permits.
The Commission seeks comment on the proposed alternative approach to the billable-hour method. In this alternative approach, a flat fee would be required to be submitted instead of a billable, hourly review fee for each type of permit application before work on the application would commence. The Commission also seeks comment on whether for Title V applications for initial or renewal operating permits, the entire application fee should be included with the submittal of the application or whether an option should be made available for the fee to be paid in equal annual installments over a five-year time period, beginning when the application is submitted.
How to Provide Input on the Proposed Rule The Iowa DNR will accept written comments until 4:30 p.m. on November 30, 2015. Written comments should be directed to Wendy Walker, Iowa DNR Air Quality Bureau, as follows: E-mail: Wendy.Walker@dnr.iowa.gov Fax: 515-725-9501 Hand-delivery or Mail: DNR Air Quality Bureau, 7900 Hickman Road, Suite 1, Windsor Heights, Iowa 50324.
Public hearings will be held at the locations below: November 18, 2015 at 6:00 p.m. Council Bluffs Public Library 400 Willow Ave Council Bluffs, IA November 19, 2015 at 10:00 a.m. DNR - Air Quality Bureau 7900 Hickman Rd, Suite 1 Windsor Heights, IA November 24, 2015 at 6:00 p.m. Bettendorf Public Library 2950 Learning Campus Drive Bettendorf, IA