Request for Input: Proposed Adoption of Area Source NESHAP and NSPS
Posted: 10/04/2011

The Department is requesting public and stakeholder input on a proposed administrative rulemaking to amend state rules to adopt by reference federal air toxics standards that EPA promulgated over the last three years. Two of these standards were previously adopted into state rules, but were rescinded through Executive Order 72. The intent of Executive Order 72 was to rescind adoption of specific amendments to the National Emissions Standards for Hazardous Air Pollutants (NESHAP) for reciprocating internal combustion engines (also known as RICE). However, because of the administrative mechanism for rescinding adopted rules, the Executive Order 72 also de facto rescinded three other NESHAP. The Department is planning to proceed with rulemaking to re-adopt two of the other rescinded NESHAP. The Department is not planning to re-adopt the RICE NESHAP amendments at this time.  

Additionally, the Department will be seeking permission to proceed with adopting one other NESHAP that was omitted in past rulemakings. Lastly, the Department will be requesting permission to adopt recent federal amendments to certain NESHAP and new source performance standards (NSPS) for which the original federal standards are already adopted into state rules.

In particular, the Department requests stakeholder responses to questions on the potential impact on jobs in the state and requests input on the draft Jobs Impact Statement (JIS).


Along with public input on the draft JIS, the Department will accept any written suggestions or comments on the draft Fiscal Impact Statement (FIS) and on the draft proposed rulemaking (brief for Environmental Protection Commission (EPC) and Notice of Intended Action) until October 10.*

These draft documents are available on the Department’s Air Quality Bureau website at DNR Air Quality Public Input. Please provide any written comments or suggestions no later than October 10* to Christine Paulson by e-mail to, by fax to 515-242-5094, or by mail to Iowa DNR Air Quality Bureau, 7900 Hickman Road, Suite 1, Windsor Heights, Iowa 50324. 

Note that the proposed rulemaking package is a revised draft of a proposal sent out previously for informal public input. The Department revised the proposal the based on recent EPA actions impacting the NESHAP and NSPS program.

For questions, please contact Jim McGraw by e-mail at or by phone at 515-242-5167.