This text of Iowa § 455B.149 (Energy or economic emergency) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1.Upon application by the owner or operator of a fuel-burning stationary source, and
after notice and opportunity for public hearing, the commission may petition the president,
under section 110, subsection “f”, paragraph 1, of the federal Clean Air Act as amended
through January 1, 1991, for a determination that a national or regional energy emergency
exists. If the president determines an emergency exists, the commission may suspend any
requirement of this subchapter II or a rule or permit issued under this subchapter II. A
temporary emergency suspension under this subsection shall be issued only if there exists
in the vicinity of the source a temporary emergency involving high levels of unemployment
or loss of necessary energy supplies for residential buildings and if the unemployment
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1. Upon application by the owner or operator of a fuel-burning stationary source, and
after notice and opportunity for public hearing, the commission may petition the president,
under section 110, subsection “f”, paragraph 1, of the federal Clean Air Act as amended
through January 1, 1991, for a determination that a national or regional energy emergency
exists. If the president determines an emergency exists, the commission may suspend any
requirement of this subchapter II or a rule or permit issued under this subchapter II. A
temporary emergency suspension under this subsection shall be issued only if there exists
in the vicinity of the source a temporary emergency involving high levels of unemployment
or loss of necessary energy supplies for residential buildings and if the unemployment or loss
canbetotallyorpartiallyalleviatedbythesuspension. Onlyonesuspensionmaybeissuedfor
a source on the basis of the same set of circumstances or on the basis of the same emergency.
A suspension shall remain in effect for a maximum of four months. The commission may
include in a suspension a provision directing the director to delay for a period identical to
the period of the suspension a compliance schedule or increment of progress to which the
source is subject under section 455B.138, if the source is unable to comply with the schedule
orincrementsolelybecauseoftheconditionsonthebasisofwhichthesuspensionwasissued.
2. If a plan revision has been submitted to the administrator of the United States
environmental protection agency under section 110 of the federal Clean Air Act as amended
through January 1, 1991, and if the commission determines that the revision meets the
requirements of that section and the revision is necessary to prevent the closing of an
air contaminant source for one year or more and to prevent substantial increases in
unemployment which would result from the closing, and if the administrator has not
approved or disapproved within the required four-month period, the commission may issue a
temporary emergency suspension of the part of the applicable implementation plan which is
proposed to be revised with respect to the source. The determination under this subsection
shall not be made with respect to a source which would close without regard to whether
or not the proposed plan revision is approved. A temporary emergency suspension issued
under this subsection shall remain in effect for a maximum of four months. A temporary
emergency suspension under this subsection may include a provision directing the director
to delay for a period identical to the period of the suspension a compliance schedule or
increment of progress to which the source is subject under section 119 of the federal Clean
Air Act as in effect prior to August 7, 1977, or section 113, subsection “d” of the federal
Clean Air Act as amended through January 1, 1991, upon a finding that the source is unable
to comply with the schedule or increment solely because of the conditions on the basis of
which a suspension was issued under this subsection.