HSB 75 Could Shut Down Iowa's Air Quality Program
from the Iowa Environmental CouncilFebruary 23, 2011
To cover budget shortfalls and keep a federally mandated state air quality program operating, the Iowa Department of Natural Resources has recommended increasing emissions fees charged to all facilities that are major sources of air pollution, but lawmakers have introduced a bill in an attempt to block that from happening.
Legislators have introduced a bill (House Study Bill 75) that would cap the per-ton emissions fees at the current rate, charged to big emitters of air pollutants under Title V of the federal Clean Air Act. The bill also forbids the use of some potential sources of revenue that could help offset the emissions-based loss of income, such as charging fees for new-construction permits.
A process to revise the fee system was approved by the bipartisan Environmental Protection Commission in January and is underway at the Iowa Department of Natural Resources. Lee Searles, air quality program director for the non-profit Iowa Environmental Council, has participated in these meetings.
“The most immediate issue is keeping the federally mandated program running, which requires steady income. The work of reviewing permit applications and issuing permits does not diminish with declining air pollution,” said Searles.
Currently, fees are based on the first 4,000 tons of emissions for each covered pollutant and are used to cover the cost of operating this air program at the DNR. Searles would like to see the fee structure redesigned to incentivize industry actions that reduce emissions, without causing cutbacks in the existing program.
“I understand the wish for many industries to have an incentive to reduce emissions by having their total fee payment also reduced. That does not occur under the present system. But the best interim solution may be to raise the fees—at least temporarily—and let the rulemaking proceed without legislative interference,” said Searles.
Searles says the impacts of HSB 75, if made into law, would be felt as soon as July 2011, and could result in the loss of 23 jobs that are high-quality professional jobs in engineering, permit review, monitor evaluation and analysis, small business support, and community support services.
“Business and industry interests in Iowa seem to support HSB 75, even though it would probably make Iowa’s air quality programs fall out of compliance with federal Clean Air Act requirements. That could lead to a loss of our state-friendly program and its replacement by federal agency authority,” added Searles.
~The Iowa Environmental Council monitors proposed legislation during Iowa's legislative session (Mid-January through Mid-April) and track bills that have the potential to impact Iowa's water, air and soils. The latest news about these bills can be found on our website.
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An update on HSB 75, Wed., March 30: The bill was voted out of the House Ways and Means committee last week, without change, as HF 660. It is identical to HF 402, which succeeded HSB 75. The drastic reductions in revenue for the DNR's Air Quality Bureau will have undesirable impacts on the quality of the air we Iowans breathe. Should HF 660 pass the House as it is, I would hope that wiser Senators will see what the bill will do. The Air Bureau's funding implements the federal Clean Air Act, one of the most successful bills ever passed in (a) implementation to protect public health and ecological harm, (b) job creation (yes, regulations can actually create jobs), and (c) arguing against the false notion that government is always against the interests of its citizens. HF 660 is a giant leap backwards. If want to take action to alert your legislators, click on the link to the Iowa Environmental Council's web site at the right and look at left side for “Action Alert Center.”
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On March 22, 2011, the DNR's ambient air quality monitor for fine particulate matter unofficially exceeded the 24-hour maximum concentration, which is 35 micrograms per cubic liter of air. The reading on March 22 was 43.7 micrograms. The DNR did not post an air quality alert on that day. Is this because of budget cuts? If so, then we're already seeing harm from the political intent to curtail Clean Air Act activities in Iowa. The public deserves to know when there is an “exceedance day,” and the DNR needs the staff and resources to analyze and publish the information.
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