8

ii. Executive Summary 

Congress addressed visibility protection at national parks and scenic areas in an amendment to 

the Clean Air Act in 1977. The Congressional visibility goals were most recently promulgated in 

the federal Regional Haze Rule on July 1, 1999. The goal of the federal regional haze program is 

to reach natural background visibility conditions at mandatory Class I Federal areas by 2064. 

Iowa does not have a mandatory Class I Federal area. The Boundary Waters Canoe Area 

Wilderness (MN), Voyageurs National Park (MN), Badlands National Park (SD), HerculesGlades Wilderness Area (MO), and Mingo Wilderness Area (MO) are the closest Class I areas to 

Iowa. The pollutants that reduce visibility at these Class I areas include fine particulate matter 

(PM2.5), and compounds which contribute to its formation, such as nitrogen oxides (NOx), sulfur 

dioxide (SO2), ammonia, and under certain conditions volatile organic compounds (VOCs). 

States were required to address visibility impairing pollutant emissions from major source 

facilities with units constructed between 1962 and 1977. These units, if they met additional 

requirements, were subject to additional review and possible control. EPA’s recommended tools 

were inappropriate for IDNR given the distances to the Class I areas. IDNR used multiple 

methods to determine the extent of possible visibility impairment attributable to BART units. 

IDNR determined that none of the 27 BART units caused or contributed to visibility impairment. 

The U.S Environmental Protection Agency (EPA) created Regional Planning Organizations 

(RPOs) to facilitate the development of the federally mandated state implementation plans (SIP) 

across the country. Iowa, as a member state, worked closely with the Central Regional Air 

Planning Association (CENRAP) to develop this SIP. Through a consultation process, IDNR 

worked with Missouri, Arkansas, Oklahoma, Minnesota, and Michigan. Emissions sources in 

Iowa were not found to contribute to visibility impairment in the Class I areas in Missouri, 

Arkansas, and Oklahoma. Minnesota requested that Iowa review emissions and consider 

reductions that may affect Minnesota Class I areas. 

Based upon results generated through the RPO process, Iowa may contribute to the visibility 

impairment at Class I areas in Minnesota and Michigan. The most recent EPA forecasts 

anticipate a decline in Iowa’s SO2 emissions from electrical generating units (EGUs) by 

approximately 15% between 2002 and 2018. A reduction of 27% is also forecast for EGU NOx 

emissions. IDNR has determined that additional reductions are not needed at this time due to 

existing emissions controls, the projected reductions from recently mandated requirements, and 

the costs associated with additional controls. 

The Regional Haze program requires States to revise the SIP by July 31, 2018, and every ten 

years thereafter. Federal land managers, with the U.S. Department of Interior and U.S. 

Department of Agriculture, were given 60 days to review the SIP prior to the public hearing as 

required in the federal Regional Haze Rule. Progress towards meeting goals is evaluated every 

five years following the initial SIP submittal. The IDNR will continue to work with industry, the 

public, and regional partners to evaluate control strategies to address regional haze, as needed. 
9

1. Background and Overview of Federal Haze Regulations 

In the 1977 amendments to the Clean Air Act (CAA), Congress added Section 169 (42 U.S.C. 

7491) setting forth the following national visibility goal of restoring pristine conditions in 

national parks and wilderness areas: 

“Congress hereby declares as a national goal the prevention of any future, and the 

remedying of any existing, impairment of visibility in mandatory Class I Federal areas 

which impairment results from man-made air pollution.” 

Over the following years modest steps were taken to address the visibility problems in Class I 

areas. The control measures taken mainly addressed “Plume Blight” from specific pollution 

sources, and did little to address regional haze issues in the Eastern United States. Plume blight 

is the visual impairment of air quality that manifests itself as a coherent plume. This results from 

specific sources, such as a power plant smoke stack, emitting pollutants into a stable atmosphere. 

The pollutants are then transported aloft with little or no vertical mixing. 

Plume blight is controlled through the reasonably attributable visibility impairment (RAVI) 

regulations codified at 40 CFR § 51.302. RAVI refers only to visual impairment that results 

from a single source or a small number of sources. RAVI requirements do not impact Iowa 

sources as the transport distances are too great for a plume to have retained an applicable level of 

cohesion upon reaching a Class I area. 

When the CAA was amended in 1990, Congress added Section 169B (42 U.S.C. 7492), 

authorizing further research and regular assessments of the progress made so far. In 1993, the 

National Academy of Sciences concluded that “current scientific knowledge is adequate and 

control technologies are available for taking regulatory action to improve and protect visibility.”1

In addition to authorizing creation of a visibility transport commissions and setting forth their 

duties, Section 169B(f) of the CAA specifically mandated creation of the Grand Canyon 

Visibility Transport Commission (GCVTC) to make recommendations to the U.S. 

Environmental Protection Agency (EPA) for the region affecting the visibility of the GCVTC. 

Following four years of research and policy development the GCVTC submitted its report to 

EPA in June 1996. This report, as well as the many research reports prepared by the GCVTC, 

contributed invaluable information to EPA in its development of the federal Regional Haze Rule. 

EPA’s Regional Haze Rule was adopted July 1, 1999, and went into effect on August 30, 1999. 

The Regional Haze Rule aimed at achieving national visibility goals by 2064. This rulemaking 

addressed the combined visibility affects of various pollution sources over a wide geographic 

region. This wide reaching pollution net meant that many states – even those without Class I 

areas – would be required to participate in haze reduction efforts. EPA designated five Regional 

 

1 Protecting Visibility in National Parks and Wilderness Areas. National Research Council. Washington, DC: 1993. 
10

Planning Organizations (RPOs) to assist with the coordination and cooperation needed to address 

the visibility issue. Those States and Tribes that make up the midsection of the contiguous 

United States were designated as the Central Regional Air Planning Association (CENRAP). 

The State of Iowa is part of CENRAP. The Iowa Department of Natural Resources (IDNR) is 

the designated air pollution control agency as indicated in section 455B.132 of the Iowa Code. 

On May 24, 2002, the U. S. Court of Appeals, D. C. District Court ruled on the challenge 

brought by the American Corn Growers Association against EPA’s Regional Haze Rule of 1999. 

The Court remanded to EPA the Best Available Retrofit Technology (BART) provisions of the 

rule, and denied industry’s challenge to the haze rule goals of natural visibility and no 

degradation requirements. EPA published the final revisions to the Regional Haze rule pursuant 

to the remand on July 6, 2005. 

On February 18, 2005, the U.S. Court of Appeals for the District of Columbia Circuit issued 

another ruling, in Center for Energy and Economic Development v. EPA, granting a petition 

challenging provisions of the Regional Haze Rule governing an optional emissions trading 

program for certain western States and Tribes. EPA published revised regulations for the 

provisions of the governing alternative trading programs on October 13, 2006. 

To facilitate the review of this State Implementation Plan (SIP) by the EPA, Federal Land 

Managers (FLMs)1

, stakeholders and the public, “A Guide to Locating 40 CFR § 51.308 

Requirements” is provided in Appendix 1.1 of this document. 

Some emissions sources within the State of Iowa may have impacts on nearby Class I areas. 

Figure 1.1 provides a map of all 156 mandatory Class I Federal areas and Figure 1.2 assists with 

the identification of nearby Class I areas. Combining the effects of distance and relevant 

transport patterns, nearby Class I areas considered include: Boundary Waters Canoe Area 

Wilderness (MN), Voyageurs National Park (MN), Isle Royale National Park (MI), Seney 

Wilderness Area (MI), Badlands National Park (SD), Hercules-Glades Wilderness Area (MO), 

and Mingo Wilderness Area (MO). 

In addition, the IDNR believes that improved visibility will lead to aesthetic and environmental 

benefits in the affected Class I areas. More information is provided in Appendix 1.2. 

List of Chapter 1 Appendices

1.1 Guide to Locating 40 CFR § 51.308 Requirements. 

1.2 Benefits of Improved Visibility. 

 

1

 FLMs include representatives from the National Park Service, U.S. Forest service, and the U.S Fish and Wildlife 

Service. 
APPENDIX 2 
Appendix 2.1(a): Legal Authority 

The Iowa Department of Natural Resources (DNR) is primary state agency responsible for 

protecting the environment, as indicated in the Iowa Code § 455A. The Environmental 

Protection Commission established in the Iowa Code § 455A.6, is the governing commissions 

for the environmental protection portion of the DNR. 

Iowa Code § 455B.133(2) provides that the Environmental Protection Commission shall 

“[a]dopt, amend, or repeal rules pertaining to the evaluation, abatement, control, and prevention 

of air pollution,” and that “[t]he rules may include those that are necessary to obtain approval of 

the state implementation plan under section 110 of the federal Clean Air Act as amended through 

January 1, 1991.” 

Iowa Code § 455B.133(3) provides that the Environmental Protection Commission shall 

“[a]dopt, amend, or repeal ambient air quality standards for the atmosphere of this state on the 

basis of providing air quality necessary to protect the public health and welfare and to reduce 

emissions contributing to acid rain pursuant to Title IV of the federal Clean Air Act 

Amendments of 1990.” 
Appendix 2.1(b): Public Participation and Rulemaking Process 

The DNR’s rulemaking process is governed by Iowa Code § 17A, also referred to as the Iowa 

Administrative Procedure Act (IAPA). The IAPA details the procedures and format of state 

agency rulemakings. All rulemakings must be adopted within 180 days following either the 

published notice or the last date of the oral presentations on the proposed rule, whichever is later. 

Administrative rules are approved by the Environmental Protection Commission (EPC) as 

authorized under Iowa Code 455A.6. An example of the rulemaking process is listed below: 

1. Information: The DNR provides an informational notice of a rulemaking to the EPC and 

incorporates changes requested by the EPC. 

2. Notice of Intended Action: The DNR proposes the rulemaking through a Notice of 

Intended Action. A fiscal impact statement is included with this document. If approved 

by the EPC, the proposed rulemaking will be published in the Iowa Administrative 

Bulletin (IAB). 

3. Public Comment Period and Pubic Hearing(s): The IAB indicates the length of the 

comment period, the agency contact, and the details of the public hearing(s). The 

minimum amount of time for the public comment period and public hearing date is 30 

days for rules that the DNR plans to submit in a SIP revision. 

4. Initial Administrative Rules Review: At some point during the rulemaking process, the 

proposed rule is reviewed by the Iowa General Assembly's Administrative Rules Review 

Committee (ARRC). The DNR provides an overview of the rulemaking and responds to 

questions at the ARRC’s public meeting. 

5. Adopted and Filed: After the close of the public comment period, the DNR returns to 

the EPC to request adoption of the rulemaking. A summary of public comments and 

responses are included with the proposed rulemaking. If adopted, the rulemaking is 

published in the IAB. 

6. Final Publication: The adopted and filed rulemaking will be published in the IAB. 

7. Final Administrative Rules Review: Upon publication of the final rulemaking, the 

ARRC conducts their final review at their public meeting. The ARRC does have the 

discretion to object to a rule. The ARRC may also delay the effective date of a proposed 

rule pending additional review by the Iowa General Assembly. 

8. Rule Effective: Typically, the rulemaking becomes effective 35 days after final 

publication in the IAB. The DNR can propose a later effective date, if necessary. 
Appendix 2.1(c) Public Notice Documents
Rains, Wendy [DNR]

From: Iowa Air Quality Newsletter [Mindy.Kralicek@dnr.state.ia.us]

Sent: Wednesday, December 26, 2007 7:56 AM

To: Rains, Wendy [DNR]

Subject: Air List Serve for December 26, 2007

Page 1 of 2

2/12/2008

Public Notice

Iowa Department of Natural Resources

The Iowa Department of Natural Resources (DNR) requests public comment on a proposed revision to the state 

implementation plan (SIP) to address visibility protection at national parks and scenic areas, also referred to as 

mandatory Class I Federal areas. The United States Environmental Protection Agency (EPA), under the authority of 

Section 169(a) of the federal Clean Air Act (CAA), promulgated visibility goals in the federal Regional Haze Rule on 

July 1, 1999, with amendments in 2005 and 2006. 

This SIP revision will fulfill the requirements of Section 169(a) of the CAA that requires each state to adopt and submit 

a plan that addresses the state’s contributions to visibility impairment at the mandatory Class I Federal areas. The 

mandatory Class I Federal areas were established by Congress under the 1977 Amendments to the CAA . Iowa does 

not have a mandatory Class I Federal area. 

Iowa may contribute to the visibility impairment at mandatory Class I Federal areas in Minnesota and Michigan . DNR 

has determined that emissions reductions of air pollutants that cause visibility impairment are not needed at this time 

due to existing emissions controls, the projected reductions from recently mandated requirements, and the costs 

associated with additional controls. 

The proposed SIP revision is posted on the DNR’s website at http://www.iowadnr.gov/air/prof/progdev/files/RH_SIP%

20_FLM%20review.pdf . A link to the appendices is available at 

http://www.iowadnr.gov/air/prof/progdev/progdev.html . 

Any person may make written comments on this proposed SIP revision on or before January 31, 2008. Written 

comments should be directed to Wendy Rains, Department of Natural Resources, Air Quality Bureau, 7900 Hickman 

Road, Suite 1, Urbandale, Iowa 50322, fax (515) 242-5094, or by electronic mail to wendy.rains@dnr.iowa.gov . 

A public hearing will be held January 30, 2008 at 10:00 a.m. in the conference rooms at the DNR’s Air Quality Bureau 

office located at 7900 Hickman Road, Urbandale, Iowa. All comments must be received no later than January 31, 2008.

Any person who plans to attend the public hearing and has special requirements such as those related to hearing or 

mobility impairments should contact Wendy Rains at (515) 281-6061 to advise of specific needs. 

A responsiveness summary will be prepared by the DNR following the close of the public comment period. The 

responsiveness summary will include written or oral comments received during the public participation process and the 

DNR’s response to the comments. The completed responsiveness summary will forwarded to EPA and made available 

to the public upon request. 

# # # 

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Page 2 of 2

2/12/2008








Appendix 2.1(d) Iowa Adminstrative Bulletin