The Iowa DNR Air Quality Bureau is requesting public input on its proposed regulatory agenda for state fiscal year 2012, which begins on July 1, 2011. The Iowa DNR’s regulatory agenda is a projection of planned or contemplated rulemaking actions for the next year. Specifically, the Bureau is requesting input on whether these rulemakings or other rulemakings should be conducted, and the timing or sequencing of these rulemakings.
Please provide any comments or suggestions on the Air Quality Bureau’s anticipated regulatory actions, as well as any possible additions to the regulatory agenda, no later than 4:30 PM on June 10. Please provide written suggestions and comments to Christine Paulson by e-mail to Christine.Paulson@dnr.iowa.gov, or by fax to 515-242-5094, or by mail to Christine Paulson, Iowa Department of Natural Resources, 7900 Hickman Rd., Suite 1, Windsor Heights, IA 50324.
Please note that this is a request for informal public input on the DNR’s anticipated air quality rulemakings for SFY 2012. Each DNR rulemaking will have additional opportunities for public input, including a formal public comment period of at least 30 days.
Currently the anticipated air quality rulemakings and tentative schedules (date for initiating rulemaking in parenthesis) for SFY 2012 are as follows:
- PM2.5 PSD rulemaking (late summer 2011)
The draft rulemaking, jobs statement and fiscal statement are available at Air Quality Bureau - Public Input
- Re-Adoption of National Emission Standards for Hazardous Air Pollutants (NESHAP) rescinded on April 4, 2011 (fall 2011)
This rulemaking will propose re-adoption of three area source NESHAP that were de-facto rescinded with Executive Order 72. The anticipated rulemaking does not include re-adoption of the RICE NESHAP (Reciprocating Internal Combustion Engine National Emission Standard for Hazardous Air Pollutants) rescinded through Executive Order 72.
- Rescission of Compliance Sampling Manual (fall 2011)
This rulemaking will propose rule changes to remove the Compliance Sampling Manual from rule and place rules regarding existing permit requirements for stack testing in rule, contingent upon the outcome of a stakeholder workgroups.
- Implementation and Nonattainment Rules for Lead (late fall 2011)
This rulemaking will propose modifications to rules necessary to submit an Infrastructure State Implementation Plan to U.S. EPA. This rulemaking will also propose rules necessary for the area of Council Bluffs impacted by violations of the Lead National Ambient Air Quality Standard (NAAQS).
- Sustainable Air Quality Funding (late fall 2011/early winter 2012)
This rulemaking will address sustainable funding for the air quality program. Stakeholder meetings will occur prior to and throughout the rulemaking process.
- PM2.5 Implementation Rulemaking (winter 2012)
This rulemaking will propose modifications to rules necessary to submit an Infrastructure State Implementation Plan to U.S. EPA. It is anticipated that EPA will be ordered by the federal court to require all states to make this submission by July 2013.
- "General" Rulemaking (late winter/early spring 2012)
This rulemaking will include adoption of new and revised New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP) and make necessary corrections and updates to state air quality rules. This rulemaking also includes adoption of the 2010 revision of the Sulfur Dioxide (SO2) National Ambient Air Quality Standards (NAAQS), and may include adoption of the 2012 revision of the Particulate Matter (PM) NAAQS if finalized by U.S. EPA.
- Rulemaking to Phase-In Electronic Reporting for Emissions Inventories (late winter/early spring 2012)
This rulemaking was first provided to the Environmental Protection Commission for information in March 2010. In response to stakeholder input, the DNR chose to make enhancements to its electronic reporting system before proceeding with this rulemaking. Those enhancements have been completed.
- Deferral for Carbon Dioxide (CO2) emissions from biogenic sources under PSD and Title V Programs (schedule dependent on issuance of final federal regulations)
- Adoption of Transport Rule (CAIR Replacement Rule) (tentative; contingent on issuance of final federal regulations)
- Adoption of Federal Standards for Combustion Sources (tentative)
EPA is in various stages of proposing and finalizing NESHAP and NSPS for combustion sources at several source sectors, including: 1) Industrial, commercial and institutional (ICI) boilers at major and area sources; 2) Commercial and industrial solid waste incinerators (CISWI); 3) Sewage sludge incinerators; and 4) Electric utility steam generating units (EGUs). The rulemaking schedule will be contingent upon issuance of final, federal regulations, the federal regulations’ effective dates, as well as the status of any EPA’s reconsiderations of the standards.