limit.
(2)
1 million Btu per hour input), * 22.1(2)"b," * 22.1(2)"e," * 22.1(2)"r," or * 22.1(2)"s." Records kept on site shall contain the following information: * The specific exemption claimed; and * A description of the associated equipment. The permitting exemptions in this subrule do not relieve the owner or operator of any source from any obligation to comply with any other applicable requirements. a. Fuel-burning equipment for indirect heating and reheating furnaces or cooling units using natural gas or liquefied petroleum gas with a capacity of less than 10 million Btu per hour input per combustion unit. b. Fuel-burning equipment for indirect heating or indirect cooling with a capacity of less than 1 million Btu per hour input per combustion unit when burning untreated wood, untreated seeds or pellets, other untreated vegetative materials, or fuel oil, provided that the equipment and the fuel meet the conditions specified in this paragraph. Used oils meeting the specification from 40 CFR Section 279.11 as amended through July 14, 2006, are acceptable fuels for this exemption. When combusting used oils, the equipment must have a maximum rated capacity of 50,000 Btu or less per hour of heat input or a maximum throughput of 3,600 gallons or less of used oils per year. When combusting untreated wood, untreated seeds or pellets, or other untreated vegetative materials, the equipment must have a maximum rated capacity of 265,600 Btu or less per hour or a maximum throughput of 378,000 pounds or less per year of each fuel or any combination of fuels. Records shall be maintained on site by the owner or operator for at least two calendar years to demonstrate that fuel usage is less than the exemption thresholds. Owners or operators initiating construction, installation, reconstruction, or alteration of equipment (as defined in 567-22.1 (455B)) on or before October 23, 2013, burning coal, used oils, untreated wood, untreated seeds or pellets, or other untreated vegetative materials that qualified for this exemption may continue to claim this exemption after October 23, 2013, without being restricted to the maximum heat input or throughput specified in this paragraph. c. Mobile internal combustion and jet engines, marine vessels and locomotives. d. Equipment used for cultivating land, harvesting crops, or raising livestock other than anaerobic lagoons. This exemption is not applicable if the equipment is used to remove substances from grain that were applied to the grain by another person. This exemption is also not applicable to equipment used by a person to manufacture commercial feed, as defined in Iowa Code section 198.3, that is normally not fed to livestock, owned by the person or another person, in a feedlot, as defined in Iowa Code section 172D.1(6), or a confinement building owned or operated by that person and located in this state. e. Incinerators and pyrolysis cleaning furnaces with a rated refuse burning capacity of less than 25 pounds per hour for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013. Pyrolysis cleaning furnace exemption is limited to those units that use only natural gas or propane. Salt bath units are not included in this exemption. Incinerators or pyrolysis cleaning furnaces for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-21.1(455B)) occurred after October 23, 2013, shall not qualify for this exemption. After October 23, 2013, only paint clean-off ovens with a maximum rated capacity of less than 25 pounds per hour that do not combust lead-containing materials shall qualify for this exemption. f. Fugitive dust controls, unless a control efficiency can be assigned to the equipment or control equipment. g. Equipment or control equipment that reduces or eliminates all emission to the atmosphere. An owner or operator electing to use this exemption shall provide to the department the following information: (1) Name and location of the facility; (2) Detailed description of each change being made; (3) Date of the beginning of actual construction and date that operation will begin after the changes are made; (4) Detailed emissions estimates showing:1. The actual and potential emissions, specifically noting increases or decreases, for the project for all regulated pollutants (as defined in 567-24.100(455B)); and 2. The accumulated emissions increases associated with each change when totaled with other net emissions increases at the facility contemporaneous with the proposed change (occurring within five years before construction of the particular change commences). (5) Documentation of the basis for all emissions estimates; (6) Height of the emission point or stack and height of the highest building within 50 feet; (7) Statement that the provisions of 567-Chapters 31 and 33 do not apply; and (8) Written statement containing certification by a responsible official as defined in 567-24.100(455B) of truth, accuracy, and completeness that:1. Accumulated emissions with other contemporaneous net increases have not exceeded significant levels, as defined in 40 CFR 52.21(b)(23), and adopted in 567-33.3(455B); 2. The changes will not prevent the attainment or maintenance of the ambient air quality standards specified in 567-22.11 (455B); 3. Based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete. The conditions listed below also apply to this exemption: * If an owner or operator opts to use this exemption for equipment or a process not yet constructed or modified, the information shall be provided to the department at least 30 days in advance of the beginning of construction on the project. * If an owner or operator opts to use this exemption for equipment or a process that has already been constructed or modified and that does not have a construction permit for that construction or modification, the owner or operator shall not operate until the information listed above is provided to the department. * If a construction permit has been previously issued for the equipment or control equipment, all other conditions of the construction permit remain in effect. * If an owner or operator wishes to obtain credit for emission reductions, an air quality construction permit must be obtained for the reduction prior to the time the reduction is made. h. Equipment (other than anaerobic lagoons) or control equipment that emits odors, unless such equipment or control equipment also emits particulate matter or any other regulated air contaminant (as defined in 567-24.100(455B)). i. Reserved. j. Residential heaters, cookstoves, or fireplaces that burn untreated wood, untreated seeds or pellets, or other untreated vegetative materials. k. Asbestos demolition and renovation projects subject to 40 CFR Section 61.145 as adopted by reference in 567-subrule 23.1(3). l. The equipment in laboratories used exclusively for nonproduction chemical and physical analyses. Nonproduction analyses means analyses incidental to the production of a good or service and includes analyses conducted for quality assurance or quality control activities or for the assessment of environmental impact. m. Storage tanks with a capacity of less than 19,812 gallons and an annual throughput of less than 200,000 gallons. n. Stack or vents to prevent escape of sewer gases through plumbing traps. Systems that include any industrial waste are not exempt. o. A nonproduction surface coating process that uses only handheld aerosol spray cans. p. Brazing, soldering or welding equipment or portable cutting torches used only for nonproduction activities. q. Cooling and ventilating equipment: comfort air conditioning not designed or used to remove air contaminants generated by, or released from, specific units of equipment. r. An internal combustion engine with a brake horsepower rating of less than 400 measured at the shaft, provided that the owner or operator meets all of the conditions in this paragraph. For the purposes of this exemption, the manufacturer's nameplate rated capacity at full load shall be defined as the brake horsepower output at the shaft. The owner or operator of an engine that was manufactured, ordered, modified or reconstructed after March 18, 2009, may use this exemption only if the owner or operator, prior to installing, modifying or reconstructing the engine, submits to the department a completed registration on forms provided by the department (unless the engine is exempted from registration, as specified in this paragraph or on the registration form) certifying that the engine is in compliance with the following federal regulations:(1) NSPS for stationary compression ignition internal combustion engines ( 40 CFR Part 60, Subpart IIII); or (2) NSPS for stationary spark ignition internal combustion engines (40 CFR Part 60, Subpart JJJJ); and (3) NESHAP for reciprocating internal combustion engines ( 40 CFR Part 63, Subpart ZZZZ). Use of this exemption does not relieve an owner or operator from any obligation to comply with NSPS or NESHAP requirements. An engine that meets the definition of a nonroad engine as specified in 40 CFR Section 1068.30, as amended through January 24, 2023, is exempt from the registration requirements of this paragraph. s. Equipment that is not related to the production of goods or services and used exclusively for academic purposes, located at educational institutions (as defined in Iowa Code section 455B.161). The equipment covered under this exemption is limited to lab hoods, art class equipment, wood shop equipment in classrooms, wood fired pottery kilns, and fuel-burning units with a capacity of less than 1 million Btu per hour fuel capacity. This exemption does not apply to incinerators. t. Any container, storage tank, or vessel that contains a fluid having a maximum true vapor pressure of less than 0.75 psia. "Maximum true vapor pressure" means the equilibrium partial pressure of the material considering: (1) For material stored at ambient temperature, the maximum monthly average temperature as reported by the National Weather Service, or (2) For material stored above or below the ambient temperature, the temperature equal to the highest calendar-month average of the material storage temperature. u. Equipment for carving, cutting, routing, turning, drilling, machining, sawing, surface grinding, sanding, planing, buffing, sandblast cleaning, shot blasting, shot peening, or polishing ceramic artwork, leather, metals (other than beryllium), plastics, concrete, rubber, paper stock, and wood or wood products, where such equipment is either used for nonproduction activities or exhausted inside a building. v. Manually operated equipment, as defined in 567-24.100(455B), used for buffing, polishing, carving, cutting, drilling, machining, routing, sanding, sawing, scarfing, surface grinding, or turning. w. Small unit exemption. (1) "Small unit" means any emission unit and associated control (if applicable) that emits less than the following: 1. 2 pounds per year of lead and lead compounds expressed as lead (40 pounds per year of lead or lead compounds for equipment for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013); 2. 5 tons per year of sulfur dioxide; 3. 5 tons per year of nitrogen oxides; 4. 5 tons per year of volatile organic compounds; 5. 5 tons per year of carbon monoxide; 6. 5 tons per year of particulate matter (particulate matter as defined in 40 CFR 51.100(pp), as amended through November 7, 1986); 7. 2.5 tons per year of PM10; 8. 0.52 tons per year of PM2.5 (does not apply to equipment for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013); and 9. 5 tons per year of hazardous air pollutants (as defined in 567-24.100(455B)). For the purposes of this exemption, "emission unit" means any part or activity of a stationary source that emits or has the potential to emit any pollutant subject to regulation under the Act. This exemption applies to existing and new or modified "small units." An emission unit that emits hazardous air pollutants (as defined in 567-24.100(455B)) is not eligible for this exemption if the emission unit is required to be reviewed for compliance with 567-subrule 23.1(3), emission standards for hazardous air pollutants ( 40 CFR Part 61, NESHAP), or 567-subrule 23.1(4), emission standards for hazardous air pollutants for source categories ( 40 CFR Part 63, NESHAP). An emission unit that emits air pollutants that are not regulated air pollutants as defined in 567-24.100(455B) shall not be eligible to use this exemption. (2) Permit requested. If a construction permit is requested in writing by the owner or operator of a small unit, the director may issue a construction permit for the emission point associated with that emission unit. (3) An owner or operator that utilizes the small unit exemption must maintain on site an "exemption justification document." The exemption justification document must document conformance and compliance with the emission rate limits contained in the definition of "small unit" for the particular emission unit or group of similar emission units obtaining the exemption. Controls that may be part of the exemption justification document include, but are not limited to, the following: emission control devices, such as cyclones, filters, or baghouses; restricted hours of operation or fuel; and raw material or solvent substitution. The exemption justification document for an emission unit or group of similar emission units must be made available for review during normal business hours and for state or EPA on-site inspections and shall be provided to the director or the director's representative upon request. If an exemption justification document does not exist, the applicability of the small unit exemption is voided for that particular emission unit or group of similar emission units. The controls described in the exemption justification document establish a limit on the potential emissions. An exemption justification document shall include the following for each applicable emission unit or group of similar emission units: 1. A narrative description of how the emissions from the emission unit or group of similar emission units were determined and maintained at or below the annual small unit exemption levels. 2. If air pollution control equipment is used, a description of the air pollution control equipment used on the emission unit or group of similar emission units and a statement that the emission unit or group of similar emission units will not be operated without the pollution control equipment operating. 3. If air pollution control equipment is used, the applicant shall maintain a copy of any report of manufacturer's testing results of any emissions test, if available. The department may require a test if it believes that a test is necessary for the exemption claim. 4. A description of all production limits required for the emission unit or group of similar emission units to comply with the exemption levels. 5. Detailed calculations of emissions reflecting the use of any air pollution control devices or production or throughput limitations, or both, for applicable emission unit or group of similar emission units. 6. Records of actual operation that demonstrate that the annual emissions from the emission unit or group of similar emission units were maintained below the exemption levels. 7. Facilities designated as major sources with respect to 567-22.4 (455B) and 567-24.101(455B), or subject to any applicable federal requirements, shall retain all records demonstrating compliance with the exemption justification document for five years. The record retention requirements supersede any retention conditions of an individual exemption. 8. A certification from the responsible official that the emission unit or group of similar emission units have complied with the exemption levels specified in 22.1(2)"w"(1). (4) Requirement to apply for a construction permit. An owner or operator of a small unit will be required to obtain a construction permit or take the unit out of service if the emission unit exceeds the small unit emission levels. 1. If, during an inspection or other investigation of a facility, the department believes that the emission unit exceeds the emission levels that define a "small unit," then the department will submit calculations and detailed information in a letter to the owner or operator. The owner or operator shall have 60 days to respond with detailed calculations and information to substantiate a claim that the small unit does not exceed the emission levels that define a small unit. 2. If the owner or operator is unable to substantiate a claim to the satisfaction of the department, then the owner or operator that has been using the small unit exemption must cease operation of that small unit or apply for a construction permit for that unit within 90 days after receiving a letter of notice from the department. The emission unit and control equipment may continue operation during this period and the associated initial application review period. 3. If the notification of nonqualification as a small unit is made by the department following the process described above, the owner or operator will be deemed to have constructed an emission unit without the required permit and may be subject to applicable penalties. (5) Required notice for construction or modification of a substantial small unit. The owner or operator shall notify the department in writing at least ten days prior to commencing construction of any new or modified "substantial small unit" as defined in 22.1(2)"w"(6). The owner or operator shall notify the department within 30 days after determining an existing small unit meets the criteria of the "substantial small unit" as defined in 22.1(2)"w"(6). Notification shall include the name of the business, the location where the unit will be installed, and information describing the unit and quantifying its emissions. The owner or operator shall notify the department within 90 days of the end of the calendar year for which the aggregate emissions from substantial small units at the facility have reached any of the cumulative notice thresholds listed below. (6) For the purposes of this paragraph, "substantial small unit" means a small unit that emits more than the following amounts, as documented in the exemption justification document: 1. 2 pounds per year of lead and lead compounds expressed as lead (30 pounds per year of lead or lead compounds for equipment for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013); 2. 3.75 tons per year of sulfur dioxide; 3. 3.75 tons per year of nitrogen oxides; 4. 3.75 tons per year of volatile organic compounds; 5. 3.75 tons per year of carbon monoxide; 6. 3.75 tons per year of particulate matter (particulate matter as defined in 40 CFR 51.100(pp), as amended through November 7, 1986); 7. 1.875 tons per year of PM10; 8. 0.4 tons per year of PM2.5 (does not apply to equipment for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013); or 9. 3.75 tons per year of any hazardous air pollutant or 3.75 tons per year of any combination of hazardous air pollutants. An emission unit is a "substantial small unit" only for those substances for which annual emissions exceed the above-indicated amounts.(7) Required notice that a cumulative notice threshold has been reached. Once a "cumulative notice threshold," as defined in 22.1(2)"w"(8), has been reached for any of the listed pollutants, the owner or operator at the facility must apply for air construction permits for all substantial small units for which the cumulative notice threshold for the pollutant(s) in question has been reached. The owner or operator shall have 90 days from the date it determines that the cumulative notice threshold has been reached in which to apply for construction permit(s). The owner or operator shall submit a letter to the department, within five working days of making this determination, establishing the date the owner or operator determined that the cumulative notice threshold had been reached. (8) "Cumulative notice threshold" means the total combined emissions from all substantial small units using the small unit exemption that emit at the facility the following amounts, as documented in the exemption justification document: 1. 0.6 tons per year of lead and lead compounds expressed as lead; 2. 40 tons per year of sulfur dioxide; 3. 40 tons per year of nitrogen oxides; 4. 40 tons per year of volatile organic compounds; 5. 100 tons per year of carbon monoxide; 6. 25 tons per year of particulate matter (particulate matter as defined in 40 CFR 51.100(pp), as amended through November 7, 1986); 7. 15 tons per year of PM10; 8. 10 tons per year of PM2.5 (does not apply to equipment for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013); or 9. 10 tons per year of any hazardous air pollutant or 25 tons per year of any combination of hazardous air pollutants. x. The following equipment, processes, and activities: (1) Cafeterias, kitchens, and other facilities used for preparing food or beverages primarily for consumption at the source. (2) Consumer use of office equipment and products, not including printers or businesses primarily involved in photographic reproduction. (3) Janitorial services and consumer use of janitorial products. (4) Internal combustion engines used for lawn care, landscaping, and groundskeeping purposes. (5) Laundry activities located at a stationary source that uses washers and dryers to clean, with water solutions of bleach or detergents, or to dry clothing, bedding, and other fabric items used on site. This exemption does not include laundry activities that use dry cleaning equipment or steam boilers. (6) Bathroom vent emissions, including toilet vent emissions. (7) Blacksmith forges. (8) Plant maintenance and upkeep activities and repair or maintenance shop activities (e.g., groundskeeping, general repairs, cleaning, painting, welding, plumbing, retarring roofs, installing insulation, and paving parking lots), provided that these activities are not conducted as part of manufacturing process, are not related to the source's primary business activity, and do not otherwise trigger a permit modification. Cleaning and painting activities qualify if they are not subject to control requirements for volatile organic compounds or hazardous air pollutants as defined in 567-24.100(455B). (9) Air compressors and vacuum pumps, including hand tools. (10) Batteries and battery charging stations, except at battery manufacturing plants. (11) Equipment used to store, mix, pump, handle or package soaps, detergents, surfactants, waxes, glycerin, vegetable oils, greases, animal fats, sweetener, corn syrup, and aqueous salt or caustic solutions, provided that appropriate lids and covers are utilized and that no organic solvent has been mixed with such materials. (12) Equipment used exclusively to slaughter animals, but not including other equipment at slaughterhouses, such as rendering cookers, boilers, heating plants, incinerators, and electrical power generating equipment. (13) Vents from continuous emissions monitors and other analyzers. (14) Natural gas pressure regulator vents, excluding venting at oil and gas production facilities. (15) Equipment used by surface coating operations that apply the coating by brush, roller, or dipping, except equipment that emits volatile organic compounds or hazardous air pollutants as defined in 567-24.100(455B). (16) Hydraulic and hydrostatic testing equipment. (17) Environmental chambers not using gases that are hazardous air pollutants as defined in 567-24.100(455B). (18) Shock chambers, humidity chambers, and solar simulators. (19) Fugitive dust emissions related to movement of passenger vehicles on unpaved road surfaces, provided that the emissions are not counted for applicability purposes and that any fugitive dust control plan or its equivalent is submitted as required by the department. (20) Process water filtration systems and demineralizers, demineralized water tanks, and demineralizer vents. (21) Boiler water treatment operations, not including cooling towers or lime silos. (22) Oxygen scavenging (deaeration) of water. (23) Fire suppression systems. (24) Emergency road flares. (25) Steam vents, safety relief valves, and steam leaks. (26) Steam sterilizers. (27) Application of hot melt adhesives from closed-pot systems using polyolefin compounds, polyamides, acrylics, ethylene vinyl acetate and urethane material when stored and applied at the manufacturer's recommended temperatures. Equipment used to apply hot melt adhesives shall have a safety device that automatically shuts down the equipment if the hot melt temperature exceeds the manufacturer's recommended application temperature. y. Direct-fired equipment burning natural gas, propane, or liquefied propane with a capacity of less than 10 million Btu per hour input, and direct-fired equipment burning fuel oil with a capacity of less than 1 million Btu per hour input, with emissions that are attributable only to the products of combustion. Emissions other than those attributable to the products of combustion shall be accounted for in an enforceable permit condition or shall otherwise be exempt under this subrule. z. Closed refrigeration systems, including storage tanks used in refrigeration systems but excluding any combustion equipment associated with such systems. aa. Pretreatment application processes that use aqueous-based chemistries designed to clean a substrate, provided that the chemical concentrate contains no more than 5 percent organic solvents by weight. This exemption includes pretreatment processes that use aqueous-based cleaners, cleaner-phosphatizers, and phosphate conversion coating chemistries. bb. Indoor-vented powder coating operations with filters or powder recovery systems. cc. Electric curing ovens or curing ovens that run on natural gas or propane with a maximum heat input of less than 10 million Btu per hour and that are used for powder coating operations, provided that the total cured powder usage is less than 75 tons of powder per year at the stationary source. Records shall be maintained on site by the owner or operator for a period of at least two calendar years to demonstrate that cured powder usage is less than the exemption threshold. dd. Each production painting, adhesive or coating unit using an application method other than a spray system and associated cleaning operations that use 1,000 gallons or less of coating and solvents annually, unless the production painting, adhesive or coating unit and associated cleaning operations are subject to work practice, process limits, emissions limits, stack testing, recordkeeping or reporting requirements under 567-subrule 23.1(2), 23.1(3) or 23.1(4). Records shall be maintained on site by the owner or operator for a period of at least two calendar years to demonstrate that paint, adhesive, or solvent usage is at or below the exemption threshold. ee. Any production surface coating activity that uses only nonrefillable handheld aerosol cans, where the total volatile organic compound emissions from all these activities at a stationary source do not exceed 5.0 tons per year. ff. Production welding. (1) Consumable electrode. 1. Welding operations for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013, using a consumable electrode, provided that the consumable electrode used falls within American Welding Society specification A5.18/A5.18M for Gas Metal Arc Welding (GMAW), A5.1 or A5.5 for Shielded Metal Arc Welding (SMAW), and A5.20 for Flux Core Arc Welding (FCAW), and provided that the quantity of all electrodes used at the stationary source of the acceptable specifications is below 200,000 pounds per year for GMAW and 28,000 pounds per year for SMAW or FCAW. Records that identify the type and annual amount of welding electrode used shall be maintained on site by the owner or operator for a period of at least two calendar years. For stationary sources where electrode usage exceeds these levels, the welding activity at the stationary source may be exempted if the amount of electrode used (Y) is less than: Y = the greater of 1380x - 19,200 or 200,000 for GMAW, or Y = the greater of 187x - 2,600 or 28,000 for SMAW or FCAW Where "x" is the minimum distance to the property line in feet and "Y" is the annual electrode usage in pounds per year. If the stationary source has welding processes that fit into both of the specified exemptions, the most stringent limits must be applied. 2. Welding operations for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred after October 23, 2013, using a consumable electrode, provided that the consumable electrode used falls within American Welding Society specification A5.18/A5.18M for Gas Metal Arc Welding (GMAW), A5.1 or A5.5 for Shielded Metal Arc Welding (SMAW), and A5.20 for Flux Core Arc Welding (FCAW), and provided that the quantity of all electrodes used at the stationary source of the acceptable specifications is below 12,500 pounds per year for GMAW and 1,600 pounds per year for SMAW or FCAW. Records that identify the type and annual amount of welding electrode used shall be maintained on site by the owner or operator for a period of at least two calendar years. For stationary sources where electrode usage exceeds these levels, the welding activity at the stationary source may be exempted if the amount of electrode used (Y) is less than: Y = the greater of 84x - 1,200 or 12,500 for GMAW, or Y = the greater of 11x - 160 or 1,600 for SMAW or FCAW Where "x" is the minimum distance to the property line in feet and "Y" is the annual electrode usage in pounds per year. If the stationary source has welding processes that fit into both of the specified exemptions, the most stringent limits must be applied. (2) Resistance welding, submerged arc welding, or arc welding that does not use a consumable electrode, provided that the base metals do not include stainless steel, alloys of lead, alloys of arsenic, or alloys of beryllium and provided that the base metals are uncoated, excluding manufacturing process lubricants. gg. Electric hand soldering, wave soldering, and electric solder paste reflow ovens for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013. Electric hand soldering, wave soldering, and electric solder paste reflow ovens for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-2.1(455B)) occurred after October 23, 2013, shall be limited to 37,000 pounds or less per year of lead-containing solder. Records shall be maintained on site by the owner or operator for at least two calendar years to demonstrate that use of lead-containing solder is less than the exemption thresholds. hh. Pressurized piping and storage systems for natural gas, propane, liquefied petroleum gas (LPG), and refrigerants, where emissions could only result from an upset condition. ii. Emissions from the storage and mixing of paints and solvents associated with the painting operations, provided that the emissions from the storage and mixing are accounted for in an enforceable permit condition or are otherwise exempt. jj. Product labeling using laser and ink-jet printers with target distances less than or equal to six inches and an annual material throughput of less than 1,000 gallons per year as calculated on a stationary sourcewide basis. kk. Equipment related to research and development activities at a stationary source, provided that: (1) Actual emissions from all research and development activities at the stationary source based on a 12-month rolling total are less than the following levels: 1. 2 pounds per year of lead and lead compounds expressed as lead (40 pounds per year for research and development activities that commenced on or before October 23, 2013); 2. 5 tons per year of sulfur dioxide; 3. 5 tons per year of nitrogen oxides; 4. 5 tons per year of volatile organic compounds; 5. 5 tons per year of carbon monoxide; 6. 5 tons per year of particulate matter (particulate matter as defined in 40 CFR 51.100(pp) as amended through November 7, 1986); 7. 2.5 tons per year of PM10; 8. 0.52 tons per year of PM2.5 (does not apply to research and development activities that commenced on or before October 23, 2013); and 9. 5 tons per year of hazardous pollutants (as defined in 567-24.100(455B)); and (2) The owner or operator maintains records of actual operations demonstrating that the annual emissions from all research and development activities conducted under this exemption are below the levels listed in 22.1(2)"kk"(1). These records shall: 1. Include a list of equipment that is included under the exemption; 2. Include records of actual operation and detailed calculations of actual annual emissions, reflecting the use of any control equipment and demonstrating that the emissions are below the levels specified in the exemption; 3. Include, if air pollution equipment is used in the calculation of emissions, a copy of any report of manufacturer's testing, if available. The department may require a test if it believes that a test is necessary for the exemption claim; and 4. Be maintained on site for a minimum of two years, be made available for review during normal business hours and for state and EPA on-site inspections, and be provided to the director or the director's designee upon request. Facilities designated as major sources pursuant to 567-22.4 (455B) and 567-24.101(455B), or subject to any applicable federal requirements, shall retain all records demonstrating compliance with this exemption for five years. (3) An owner or operator using this exemption obtains a construction permit or ceases operation of equipment if operation of the equipment would cause the emission levels listed in this exemption to be exceeded. For the purposes of this exemption, "research and development activities" shall be defined as activities: 1. That are operated under the close supervision of technically trained personnel; 2. That are conducted for the primary purpose of theoretical research or research and development into new or improved processes and products; 3. That do not manufacture more than de minimus amounts of commercial products; and 4. That do not contribute to the manufacture of commercial products by collocated sources in more than a de minimus manner. ll. A regional collection center (RCC), as defined in 567-Chapter 211, involved in the processing of permitted hazardous materials from households and conditionally exempt small quantity generators (CESQG), not to exceed 1,200,000 pounds of VOC-containing material in a 12-month rolling period. Latex paint drying may not exceed 120,000 pounds per year on a 12-month rolling total. Other nonprocessing emission units (e.g., standby generators and waste oil heaters) shall not be eligible to use this exemption. mm. Cold solvent cleaning machines that are not in-line cleaning machines, where the maximum vapor pressure of the solvents used shall not exceed 0.7 kPa (5 mmHg or 0.1 psi) at 20°C (68°F). The machine must be equipped with a tightly fitted cover or lid that shall be closed at all times except during parts entry and removal. This exemption cannot be used for cold solvent cleaning machines that use solvent containing methylene chloride (CAS # 75-09-2), perchloroethylene (CAS # 127-18-4), trichloroethylene (CAS # 79-01-6), 1,1,1-trichloroethane (CAS # 71-55-6), carbon tetrachloride (CAS # 56-23-5) or chloroform (CAS # 67-66-3), or any combination of these halogenated HAP solvents in a total concentration greater than 5 percent by weight. nn. Emissions from mobile over-the-road trucks, and mobile agricultural and construction internal combustion engines that are operated only for repair or maintenance purposes at equipment repair shops or equipment dealerships, and only when the repair shops or equipment dealerships are not major sources as defined in 567-24.100(455B). oo. A nonroad diesel fueled engine, as "nonroad engine" is defined in 40 CFR Section 1068.30 as amended through January 24, 2023, with a brake horsepower rating of less than 1,100 at full load measured at the shaft, used to conduct periodic testing and maintenance on natural gas pipelines. For the purposes of this exemption, the manufacturer's nameplate rating shall be defined as the brake horsepower output at the shaft at full load. (1) To qualify for the exemption, the engine must:1. Be used for periodic testing and maintenance on natural gas pipelines outside the compressor station, which shall not exceed 330 hours in any 12-month consecutive period at a single location; or 2. Be used for periodic testing and maintenance on natural gas pipelines within the compressor station, which shall not exceed 330 hours in any 12-month consecutive period. (2) The owner or operator shall maintain a monthly record of the number of hours the engine operated and a record of the rolling 12-month total of the number of hours the engine operated for each location outside the compressor station and within the compressor station. These records shall be maintained for two years. Records shall be made available to the department upon request. (3) This exemption shall not apply to the replacement or substitution of engines for backup power generation at a pipeline compressor station. (3) Construction permits. The owner or operator of a new or modified stationary source shall apply for a construction permit. Construction permit applications, including the information referenced above and in 567-22.1 (455B) through 567-22.10 (455B), shall be submitted in the electronic format specified by the department, if electronic submittal is provided. The owner or operator of any new or modified industrial anaerobic lagoon shall apply for a construction permit as specified in this subrule and as provided in 567-Chapter 22. The owner or operator of a new or modified anaerobic lagoon for an animal feeding operation shall apply for a construction permit as provided in 567-Chapter 65. a. Regulatory applicability determinations. If requested in writing, the director will review the design concepts of equipment and associated control equipment prior to application for a construction permit. The purpose of the review would be to determine the acceptability of the location of the equipment. If the review is requested, the requester shall supply the following information and submit a fee as required in 567-Chapter 30:(1) Preliminary plans and specifications of equipment and related control equipment. (2) The exact site location and a plot plan of the immediate area, including the distance to and height of nearby buildings and the estimated location and elevation of the emission points. (3) The estimated emission rates of any air contaminants that are to be considered. (4) The estimated exhaust gas temperature, velocity at the point of discharge, and stack diameter at the point of discharge. (5) An estimate of when construction would begin and when construction would be completed. b. Construction permit applications. Each application for a construction permit shall be submitted to the department. Final plans and specifications for the proposed equipment or related control equipment shall be submitted with the application for a permit and shall be prepared by or under the direct supervision of a professional engineer licensed in the state of Iowa in conformance with Iowa Code section 542B.1, or consistent with the provisions of Iowa Code section 542B.26 for any full-time employee of any corporation while the employee is doing work for that corporation. The application for a permit to construct shall include the following information: (1) A description of the equipment or control equipment covered by the application; (2) A scaled plot plan, including the distance and height of nearby buildings, and the location and elevation of existing and proposed emission points; (3) The composition of the effluent stream, both before and after any control equipment with estimates of emission rates, concentration, volume and temperature; (4) The physical and chemical characteristics of the air contaminants; (5) The proposed dates and description of any tests to be made by the owner or operator of the completed installation to verify compliance with applicable emission limits or standards of performance; (6) Information pertaining to sampling port locations, scaffolding, power sources for operation of appropriate sampling instruments, and pertinent allied facilities for making tests to ascertain compliance; (7) Any additional information deemed necessary by the department to determine compliance with or applicability of 567-22.4 (455B), 567-22.5 (455B), 567-31.3 (455B) and 567-33.3(455B); (8) Reserved. (9) A signed statement that ensures the applicant's legal entitlement to install and operate equipment covered by the permit application on the property identified in the permit application. A signed statement shall not be required for rock crushers, portable concrete or asphalt equipment used in conjunction with specific identified construction projects that are intended to be located at a site only for the duration of the specific, identified construction project; and (10) Application fee. 1. The owner or operator shall submit a fee as required in 567-Chapter 30 to obtain a permit under 22.1(1), 567-22.4 (455B), 567-22.5(455B), 567-22.8 (455B), 567-22.10 (455B), 567-Chapter 31 or 567-Chapter 33; 2. For application submittals from a minor source as defined in 567-Chapter 30, the department shall not initiate review and processing of a permit application submittal until all required application fees have been paid to the department; and (11) Quantity of greenhouse gas emissions for all applications for projects that will or do have greenhouse gas emissions. For all applications for projects that will not or do not have greenhouse gas emissions, the applicant shall indicate in the application that no greenhouse gases will be emitted and the applicant will not be required to file an inventory of greenhouse gases with that application, unless requested by the department. c. Application requirements for anaerobic lagoons. The application for a permit to construct an anaerobic lagoon shall include the following information: (1) The source of the water being discharged to the lagoon; (2) A plot plan, including distances to nearby residences or occupied buildings, local land use zoning maps of the vicinity, and a general description of the topography in the vicinity of the lagoon; (3) In the case of an animal feeding operation, the information required in 567-Chapter 65; (4) In the case of an industrial source, a chemical description of the waste being discharged to the lagoon; (5) A report of sulfate analyses conducted on the water to be used for any purpose in a livestock operation proposing to use an anaerobic lagoon. The report shall be prepared by using standard methods as defined in 567-60.2 (455B); (6) A description of available water supplies to prove that adequate water is available for dilution; (7) In the case of an animal feeding operation, a waste management plan describing the method of waste collection and disposal and the land to be used for disposal. Evidence that the waste disposal equipment is of sufficient size to dispose of the wastes within a 20-day period per year shall also be provided; (8) Any additional information needed by the department to determine compliance with these rules." scope="agency:567:title:II">Exemptions. An owner or operator may opt to use one of the
permitting
1 million Btu per hour input), * 22.1(2)"b," * 22.1(2)"e," * 22.1(2)"r," or * 22.1(2)"s." Records kept on site shall contain the following information: * The specific exemption claimed; and * A description of the associated equipment. The permitting exemptions in this subrule do not relieve the owner or operator of any source from any obligation to comply with any other applicable requirements. a. Fuel-burning equipment for indirect heating and reheating furnaces or cooling units using natural gas or liquefied petroleum gas with a capacity of less than 10 million Btu per hour input per combustion unit. b. Fuel-burning equipment for indirect heating or indirect cooling with a capacity of less than 1 million Btu per hour input per combustion unit when burning untreated wood, untreated seeds or pellets, other untreated vegetative materials, or fuel oil, provided that the equipment and the fuel meet the conditions specified in this paragraph. Used oils meeting the specification from 40 CFR Section 279.11 as amended through July 14, 2006, are acceptable fuels for this exemption. When combusting used oils, the equipment must have a maximum rated capacity of 50,000 Btu or less per hour of heat input or a maximum throughput of 3,600 gallons or less of used oils per year. When combusting untreated wood, untreated seeds or pellets, or other untreated vegetative materials, the equipment must have a maximum rated capacity of 265,600 Btu or less per hour or a maximum throughput of 378,000 pounds or less per year of each fuel or any combination of fuels. Records shall be maintained on site by the owner or operator for at least two calendar years to demonstrate that fuel usage is less than the exemption thresholds. Owners or operators initiating construction, installation, reconstruction, or alteration of equipment (as defined in 567-22.1 (455B)) on or before October 23, 2013, burning coal, used oils, untreated wood, untreated seeds or pellets, or other untreated vegetative materials that qualified for this exemption may continue to claim this exemption after October 23, 2013, without being restricted to the maximum heat input or throughput specified in this paragraph. c. Mobile internal combustion and jet engines, marine vessels and locomotives. d. Equipment used for cultivating land, harvesting crops, or raising livestock other than anaerobic lagoons. This exemption is not applicable if the equipment is used to remove substances from grain that were applied to the grain by another person. This exemption is also not applicable to equipment used by a person to manufacture commercial feed, as defined in Iowa Code section 198.3, that is normally not fed to livestock, owned by the person or another person, in a feedlot, as defined in Iowa Code section 172D.1(6), or a confinement building owned or operated by that person and located in this state. e. Incinerators and pyrolysis cleaning furnaces with a rated refuse burning capacity of less than 25 pounds per hour for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013. Pyrolysis cleaning furnace exemption is limited to those units that use only natural gas or propane. Salt bath units are not included in this exemption. Incinerators or pyrolysis cleaning furnaces for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-21.1(455B)) occurred after October 23, 2013, shall not qualify for this exemption. After October 23, 2013, only paint clean-off ovens with a maximum rated capacity of less than 25 pounds per hour that do not combust lead-containing materials shall qualify for this exemption. f. Fugitive dust controls, unless a control efficiency can be assigned to the equipment or control equipment. g. Equipment or control equipment that reduces or eliminates all emission to the atmosphere. An owner or operator electing to use this exemption shall provide to the department the following information: (1) Name and location of the facility; (2) Detailed description of each change being made; (3) Date of the beginning of actual construction and date that operation will begin after the changes are made; (4) Detailed emissions estimates showing:1. The actual and potential emissions, specifically noting increases or decreases, for the project for all regulated pollutants (as defined in 567-24.100(455B)); and 2. The accumulated emissions increases associated with each change when totaled with other net emissions increases at the facility contemporaneous with the proposed change (occurring within five years before construction of the particular change commences). (5) Documentation of the basis for all emissions estimates; (6) Height of the emission point or stack and height of the highest building within 50 feet; (7) Statement that the provisions of 567-Chapters 31 and 33 do not apply; and (8) Written statement containing certification by a responsible official as defined in 567-24.100(455B) of truth, accuracy, and completeness that:1. Accumulated emissions with other contemporaneous net increases have not exceeded significant levels, as defined in 40 CFR 52.21(b)(23), and adopted in 567-33.3(455B); 2. The changes will not prevent the attainment or maintenance of the ambient air quality standards specified in 567-22.11 (455B); 3. Based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete. The conditions listed below also apply to this exemption: * If an owner or operator opts to use this exemption for equipment or a process not yet constructed or modified, the information shall be provided to the department at least 30 days in advance of the beginning of construction on the project. * If an owner or operator opts to use this exemption for equipment or a process that has already been constructed or modified and that does not have a construction permit for that construction or modification, the owner or operator shall not operate until the information listed above is provided to the department. * If a construction permit has been previously issued for the equipment or control equipment, all other conditions of the construction permit remain in effect. * If an owner or operator wishes to obtain credit for emission reductions, an air quality construction permit must be obtained for the reduction prior to the time the reduction is made. h. Equipment (other than anaerobic lagoons) or control equipment that emits odors, unless such equipment or control equipment also emits particulate matter or any other regulated air contaminant (as defined in 567-24.100(455B)). i. Reserved. j. Residential heaters, cookstoves, or fireplaces that burn untreated wood, untreated seeds or pellets, or other untreated vegetative materials. k. Asbestos demolition and renovation projects subject to 40 CFR Section 61.145 as adopted by reference in 567-subrule 23.1(3). l. The equipment in laboratories used exclusively for nonproduction chemical and physical analyses. Nonproduction analyses means analyses incidental to the production of a good or service and includes analyses conducted for quality assurance or quality control activities or for the assessment of environmental impact. m. Storage tanks with a capacity of less than 19,812 gallons and an annual throughput of less than 200,000 gallons. n. Stack or vents to prevent escape of sewer gases through plumbing traps. Systems that include any industrial waste are not exempt. o. A nonproduction surface coating process that uses only handheld aerosol spray cans. p. Brazing, soldering or welding equipment or portable cutting torches used only for nonproduction activities. q. Cooling and ventilating equipment: comfort air conditioning not designed or used to remove air contaminants generated by, or released from, specific units of equipment. r. An internal combustion engine with a brake horsepower rating of less than 400 measured at the shaft, provided that the owner or operator meets all of the conditions in this paragraph. For the purposes of this exemption, the manufacturer's nameplate rated capacity at full load shall be defined as the brake horsepower output at the shaft. The owner or operator of an engine that was manufactured, ordered, modified or reconstructed after March 18, 2009, may use this exemption only if the owner or operator, prior to installing, modifying or reconstructing the engine, submits to the department a completed registration on forms provided by the department (unless the engine is exempted from registration, as specified in this paragraph or on the registration form) certifying that the engine is in compliance with the following federal regulations:(1) NSPS for stationary compression ignition internal combustion engines ( 40 CFR Part 60, Subpart IIII); or (2) NSPS for stationary spark ignition internal combustion engines (40 CFR Part 60, Subpart JJJJ); and (3) NESHAP for reciprocating internal combustion engines ( 40 CFR Part 63, Subpart ZZZZ). Use of this exemption does not relieve an owner or operator from any obligation to comply with NSPS or NESHAP requirements. An engine that meets the definition of a nonroad engine as specified in 40 CFR Section 1068.30, as amended through January 24, 2023, is exempt from the registration requirements of this paragraph. s. Equipment that is not related to the production of goods or services and used exclusively for academic purposes, located at educational institutions (as defined in Iowa Code section 455B.161). The equipment covered under this exemption is limited to lab hoods, art class equipment, wood shop equipment in classrooms, wood fired pottery kilns, and fuel-burning units with a capacity of less than 1 million Btu per hour fuel capacity. This exemption does not apply to incinerators. t. Any container, storage tank, or vessel that contains a fluid having a maximum true vapor pressure of less than 0.75 psia. "Maximum true vapor pressure" means the equilibrium partial pressure of the material considering: (1) For material stored at ambient temperature, the maximum monthly average temperature as reported by the National Weather Service, or (2) For material stored above or below the ambient temperature, the temperature equal to the highest calendar-month average of the material storage temperature. u. Equipment for carving, cutting, routing, turning, drilling, machining, sawing, surface grinding, sanding, planing, buffing, sandblast cleaning, shot blasting, shot peening, or polishing ceramic artwork, leather, metals (other than beryllium), plastics, concrete, rubber, paper stock, and wood or wood products, where such equipment is either used for nonproduction activities or exhausted inside a building. v. Manually operated equipment, as defined in 567-24.100(455B), used for buffing, polishing, carving, cutting, drilling, machining, routing, sanding, sawing, scarfing, surface grinding, or turning. w. Small unit exemption. (1) "Small unit" means any emission unit and associated control (if applicable) that emits less than the following: 1. 2 pounds per year of lead and lead compounds expressed as lead (40 pounds per year of lead or lead compounds for equipment for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013); 2. 5 tons per year of sulfur dioxide; 3. 5 tons per year of nitrogen oxides; 4. 5 tons per year of volatile organic compounds; 5. 5 tons per year of carbon monoxide; 6. 5 tons per year of particulate matter (particulate matter as defined in 40 CFR 51.100(pp), as amended through November 7, 1986); 7. 2.5 tons per year of PM10; 8. 0.52 tons per year of PM2.5 (does not apply to equipment for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013); and 9. 5 tons per year of hazardous air pollutants (as defined in 567-24.100(455B)). For the purposes of this exemption, "emission unit" means any part or activity of a stationary source that emits or has the potential to emit any pollutant subject to regulation under the Act. This exemption applies to existing and new or modified "small units." An emission unit that emits hazardous air pollutants (as defined in 567-24.100(455B)) is not eligible for this exemption if the emission unit is required to be reviewed for compliance with 567-subrule 23.1(3), emission standards for hazardous air pollutants ( 40 CFR Part 61, NESHAP), or 567-subrule 23.1(4), emission standards for hazardous air pollutants for source categories ( 40 CFR Part 63, NESHAP). An emission unit that emits air pollutants that are not regulated air pollutants as defined in 567-24.100(455B) shall not be eligible to use this exemption. (2) Permit requested. If a construction permit is requested in writing by the owner or operator of a small unit, the director may issue a construction permit for the emission point associated with that emission unit. (3) An owner or operator that utilizes the small unit exemption must maintain on site an "exemption justification document." The exemption justification document must document conformance and compliance with the emission rate limits contained in the definition of "small unit" for the particular emission unit or group of similar emission units obtaining the exemption. Controls that may be part of the exemption justification document include, but are not limited to, the following: emission control devices, such as cyclones, filters, or baghouses; restricted hours of operation or fuel; and raw material or solvent substitution. The exemption justification document for an emission unit or group of similar emission units must be made available for review during normal business hours and for state or EPA on-site inspections and shall be provided to the director or the director's representative upon request. If an exemption justification document does not exist, the applicability of the small unit exemption is voided for that particular emission unit or group of similar emission units. The controls described in the exemption justification document establish a limit on the potential emissions. An exemption justification document shall include the following for each applicable emission unit or group of similar emission units: 1. A narrative description of how the emissions from the emission unit or group of similar emission units were determined and maintained at or below the annual small unit exemption levels. 2. If air pollution control equipment is used, a description of the air pollution control equipment used on the emission unit or group of similar emission units and a statement that the emission unit or group of similar emission units will not be operated without the pollution control equipment operating. 3. If air pollution control equipment is used, the applicant shall maintain a copy of any report of manufacturer's testing results of any emissions test, if available. The department may require a test if it believes that a test is necessary for the exemption claim. 4. A description of all production limits required for the emission unit or group of similar emission units to comply with the exemption levels. 5. Detailed calculations of emissions reflecting the use of any air pollution control devices or production or throughput limitations, or both, for applicable emission unit or group of similar emission units. 6. Records of actual operation that demonstrate that the annual emissions from the emission unit or group of similar emission units were maintained below the exemption levels. 7. Facilities designated as major sources with respect to 567-22.4 (455B) and 567-24.101(455B), or subject to any applicable federal requirements, shall retain all records demonstrating compliance with the exemption justification document for five years. The record retention requirements supersede any retention conditions of an individual exemption. 8. A certification from the responsible official that the emission unit or group of similar emission units have complied with the exemption levels specified in 22.1(2)"w"(1). (4) Requirement to apply for a construction permit. An owner or operator of a small unit will be required to obtain a construction permit or take the unit out of service if the emission unit exceeds the small unit emission levels. 1. If, during an inspection or other investigation of a facility, the department believes that the emission unit exceeds the emission levels that define a "small unit," then the department will submit calculations and detailed information in a letter to the owner or operator. The owner or operator shall have 60 days to respond with detailed calculations and information to substantiate a claim that the small unit does not exceed the emission levels that define a small unit. 2. If the owner or operator is unable to substantiate a claim to the satisfaction of the department, then the owner or operator that has been using the small unit exemption must cease operation of that small unit or apply for a construction permit for that unit within 90 days after receiving a letter of notice from the department. The emission unit and control equipment may continue operation during this period and the associated initial application review period. 3. If the notification of nonqualification as a small unit is made by the department following the process described above, the owner or operator will be deemed to have constructed an emission unit without the required permit and may be subject to applicable penalties. (5) Required notice for construction or modification of a substantial small unit. The owner or operator shall notify the department in writing at least ten days prior to commencing construction of any new or modified "substantial small unit" as defined in 22.1(2)"w"(6). The owner or operator shall notify the department within 30 days after determining an existing small unit meets the criteria of the "substantial small unit" as defined in 22.1(2)"w"(6). Notification shall include the name of the business, the location where the unit will be installed, and information describing the unit and quantifying its emissions. The owner or operator shall notify the department within 90 days of the end of the calendar year for which the aggregate emissions from substantial small units at the facility have reached any of the cumulative notice thresholds listed below. (6) For the purposes of this paragraph, "substantial small unit" means a small unit that emits more than the following amounts, as documented in the exemption justification document: 1. 2 pounds per year of lead and lead compounds expressed as lead (30 pounds per year of lead or lead compounds for equipment for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013); 2. 3.75 tons per year of sulfur dioxide; 3. 3.75 tons per year of nitrogen oxides; 4. 3.75 tons per year of volatile organic compounds; 5. 3.75 tons per year of carbon monoxide; 6. 3.75 tons per year of particulate matter (particulate matter as defined in 40 CFR 51.100(pp), as amended through November 7, 1986); 7. 1.875 tons per year of PM10; 8. 0.4 tons per year of PM2.5 (does not apply to equipment for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013); or 9. 3.75 tons per year of any hazardous air pollutant or 3.75 tons per year of any combination of hazardous air pollutants. An emission unit is a "substantial small unit" only for those substances for which annual emissions exceed the above-indicated amounts.(7) Required notice that a cumulative notice threshold has been reached. Once a "cumulative notice threshold," as defined in 22.1(2)"w"(8), has been reached for any of the listed pollutants, the owner or operator at the facility must apply for air construction permits for all substantial small units for which the cumulative notice threshold for the pollutant(s) in question has been reached. The owner or operator shall have 90 days from the date it determines that the cumulative notice threshold has been reached in which to apply for construction permit(s). The owner or operator shall submit a letter to the department, within five working days of making this determination, establishing the date the owner or operator determined that the cumulative notice threshold had been reached. (8) "Cumulative notice threshold" means the total combined emissions from all substantial small units using the small unit exemption that emit at the facility the following amounts, as documented in the exemption justification document: 1. 0.6 tons per year of lead and lead compounds expressed as lead; 2. 40 tons per year of sulfur dioxide; 3. 40 tons per year of nitrogen oxides; 4. 40 tons per year of volatile organic compounds; 5. 100 tons per year of carbon monoxide; 6. 25 tons per year of particulate matter (particulate matter as defined in 40 CFR 51.100(pp), as amended through November 7, 1986); 7. 15 tons per year of PM10; 8. 10 tons per year of PM2.5 (does not apply to equipment for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013); or 9. 10 tons per year of any hazardous air pollutant or 25 tons per year of any combination of hazardous air pollutants. x. The following equipment, processes, and activities: (1) Cafeterias, kitchens, and other facilities used for preparing food or beverages primarily for consumption at the source. (2) Consumer use of office equipment and products, not including printers or businesses primarily involved in photographic reproduction. (3) Janitorial services and consumer use of janitorial products. (4) Internal combustion engines used for lawn care, landscaping, and groundskeeping purposes. (5) Laundry activities located at a stationary source that uses washers and dryers to clean, with water solutions of bleach or detergents, or to dry clothing, bedding, and other fabric items used on site. This exemption does not include laundry activities that use dry cleaning equipment or steam boilers. (6) Bathroom vent emissions, including toilet vent emissions. (7) Blacksmith forges. (8) Plant maintenance and upkeep activities and repair or maintenance shop activities (e.g., groundskeeping, general repairs, cleaning, painting, welding, plumbing, retarring roofs, installing insulation, and paving parking lots), provided that these activities are not conducted as part of manufacturing process, are not related to the source's primary business activity, and do not otherwise trigger a permit modification. Cleaning and painting activities qualify if they are not subject to control requirements for volatile organic compounds or hazardous air pollutants as defined in 567-24.100(455B). (9) Air compressors and vacuum pumps, including hand tools. (10) Batteries and battery charging stations, except at battery manufacturing plants. (11) Equipment used to store, mix, pump, handle or package soaps, detergents, surfactants, waxes, glycerin, vegetable oils, greases, animal fats, sweetener, corn syrup, and aqueous salt or caustic solutions, provided that appropriate lids and covers are utilized and that no organic solvent has been mixed with such materials. (12) Equipment used exclusively to slaughter animals, but not including other equipment at slaughterhouses, such as rendering cookers, boilers, heating plants, incinerators, and electrical power generating equipment. (13) Vents from continuous emissions monitors and other analyzers. (14) Natural gas pressure regulator vents, excluding venting at oil and gas production facilities. (15) Equipment used by surface coating operations that apply the coating by brush, roller, or dipping, except equipment that emits volatile organic compounds or hazardous air pollutants as defined in 567-24.100(455B). (16) Hydraulic and hydrostatic testing equipment. (17) Environmental chambers not using gases that are hazardous air pollutants as defined in 567-24.100(455B). (18) Shock chambers, humidity chambers, and solar simulators. (19) Fugitive dust emissions related to movement of passenger vehicles on unpaved road surfaces, provided that the emissions are not counted for applicability purposes and that any fugitive dust control plan or its equivalent is submitted as required by the department. (20) Process water filtration systems and demineralizers, demineralized water tanks, and demineralizer vents. (21) Boiler water treatment operations, not including cooling towers or lime silos. (22) Oxygen scavenging (deaeration) of water. (23) Fire suppression systems. (24) Emergency road flares. (25) Steam vents, safety relief valves, and steam leaks. (26) Steam sterilizers. (27) Application of hot melt adhesives from closed-pot systems using polyolefin compounds, polyamides, acrylics, ethylene vinyl acetate and urethane material when stored and applied at the manufacturer's recommended temperatures. Equipment used to apply hot melt adhesives shall have a safety device that automatically shuts down the equipment if the hot melt temperature exceeds the manufacturer's recommended application temperature. y. Direct-fired equipment burning natural gas, propane, or liquefied propane with a capacity of less than 10 million Btu per hour input, and direct-fired equipment burning fuel oil with a capacity of less than 1 million Btu per hour input, with emissions that are attributable only to the products of combustion. Emissions other than those attributable to the products of combustion shall be accounted for in an enforceable permit condition or shall otherwise be exempt under this subrule. z. Closed refrigeration systems, including storage tanks used in refrigeration systems but excluding any combustion equipment associated with such systems. aa. Pretreatment application processes that use aqueous-based chemistries designed to clean a substrate, provided that the chemical concentrate contains no more than 5 percent organic solvents by weight. This exemption includes pretreatment processes that use aqueous-based cleaners, cleaner-phosphatizers, and phosphate conversion coating chemistries. bb. Indoor-vented powder coating operations with filters or powder recovery systems. cc. Electric curing ovens or curing ovens that run on natural gas or propane with a maximum heat input of less than 10 million Btu per hour and that are used for powder coating operations, provided that the total cured powder usage is less than 75 tons of powder per year at the stationary source. Records shall be maintained on site by the owner or operator for a period of at least two calendar years to demonstrate that cured powder usage is less than the exemption threshold. dd. Each production painting, adhesive or coating unit using an application method other than a spray system and associated cleaning operations that use 1,000 gallons or less of coating and solvents annually, unless the production painting, adhesive or coating unit and associated cleaning operations are subject to work practice, process limits, emissions limits, stack testing, recordkeeping or reporting requirements under 567-subrule 23.1(2), 23.1(3) or 23.1(4). Records shall be maintained on site by the owner or operator for a period of at least two calendar years to demonstrate that paint, adhesive, or solvent usage is at or below the exemption threshold. ee. Any production surface coating activity that uses only nonrefillable handheld aerosol cans, where the total volatile organic compound emissions from all these activities at a stationary source do not exceed 5.0 tons per year. ff. Production welding. (1) Consumable electrode. 1. Welding operations for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013, using a consumable electrode, provided that the consumable electrode used falls within American Welding Society specification A5.18/A5.18M for Gas Metal Arc Welding (GMAW), A5.1 or A5.5 for Shielded Metal Arc Welding (SMAW), and A5.20 for Flux Core Arc Welding (FCAW), and provided that the quantity of all electrodes used at the stationary source of the acceptable specifications is below 200,000 pounds per year for GMAW and 28,000 pounds per year for SMAW or FCAW. Records that identify the type and annual amount of welding electrode used shall be maintained on site by the owner or operator for a period of at least two calendar years. For stationary sources where electrode usage exceeds these levels, the welding activity at the stationary source may be exempted if the amount of electrode used (Y) is less than: Y = the greater of 1380x - 19,200 or 200,000 for GMAW, or Y = the greater of 187x - 2,600 or 28,000 for SMAW or FCAW Where "x" is the minimum distance to the property line in feet and "Y" is the annual electrode usage in pounds per year. If the stationary source has welding processes that fit into both of the specified exemptions, the most stringent limits must be applied. 2. Welding operations for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred after October 23, 2013, using a consumable electrode, provided that the consumable electrode used falls within American Welding Society specification A5.18/A5.18M for Gas Metal Arc Welding (GMAW), A5.1 or A5.5 for Shielded Metal Arc Welding (SMAW), and A5.20 for Flux Core Arc Welding (FCAW), and provided that the quantity of all electrodes used at the stationary source of the acceptable specifications is below 12,500 pounds per year for GMAW and 1,600 pounds per year for SMAW or FCAW. Records that identify the type and annual amount of welding electrode used shall be maintained on site by the owner or operator for a period of at least two calendar years. For stationary sources where electrode usage exceeds these levels, the welding activity at the stationary source may be exempted if the amount of electrode used (Y) is less than: Y = the greater of 84x - 1,200 or 12,500 for GMAW, or Y = the greater of 11x - 160 or 1,600 for SMAW or FCAW Where "x" is the minimum distance to the property line in feet and "Y" is the annual electrode usage in pounds per year. If the stationary source has welding processes that fit into both of the specified exemptions, the most stringent limits must be applied. (2) Resistance welding, submerged arc welding, or arc welding that does not use a consumable electrode, provided that the base metals do not include stainless steel, alloys of lead, alloys of arsenic, or alloys of beryllium and provided that the base metals are uncoated, excluding manufacturing process lubricants. gg. Electric hand soldering, wave soldering, and electric solder paste reflow ovens for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013. Electric hand soldering, wave soldering, and electric solder paste reflow ovens for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-2.1(455B)) occurred after October 23, 2013, shall be limited to 37,000 pounds or less per year of lead-containing solder. Records shall be maintained on site by the owner or operator for at least two calendar years to demonstrate that use of lead-containing solder is less than the exemption thresholds. hh. Pressurized piping and storage systems for natural gas, propane, liquefied petroleum gas (LPG), and refrigerants, where emissions could only result from an upset condition. ii. Emissions from the storage and mixing of paints and solvents associated with the painting operations, provided that the emissions from the storage and mixing are accounted for in an enforceable permit condition or are otherwise exempt. jj. Product labeling using laser and ink-jet printers with target distances less than or equal to six inches and an annual material throughput of less than 1,000 gallons per year as calculated on a stationary sourcewide basis. kk. Equipment related to research and development activities at a stationary source, provided that: (1) Actual emissions from all research and development activities at the stationary source based on a 12-month rolling total are less than the following levels: 1. 2 pounds per year of lead and lead compounds expressed as lead (40 pounds per year for research and development activities that commenced on or before October 23, 2013); 2. 5 tons per year of sulfur dioxide; 3. 5 tons per year of nitrogen oxides; 4. 5 tons per year of volatile organic compounds; 5. 5 tons per year of carbon monoxide; 6. 5 tons per year of particulate matter (particulate matter as defined in 40 CFR 51.100(pp) as amended through November 7, 1986); 7. 2.5 tons per year of PM10; 8. 0.52 tons per year of PM2.5 (does not apply to research and development activities that commenced on or before October 23, 2013); and 9. 5 tons per year of hazardous pollutants (as defined in 567-24.100(455B)); and (2) The owner or operator maintains records of actual operations demonstrating that the annual emissions from all research and development activities conducted under this exemption are below the levels listed in 22.1(2)"kk"(1). These records shall: 1. Include a list of equipment that is included under the exemption; 2. Include records of actual operation and detailed calculations of actual annual emissions, reflecting the use of any control equipment and demonstrating that the emissions are below the levels specified in the exemption; 3. Include, if air pollution equipment is used in the calculation of emissions, a copy of any report of manufacturer's testing, if available. The department may require a test if it believes that a test is necessary for the exemption claim; and 4. Be maintained on site for a minimum of two years, be made available for review during normal business hours and for state and EPA on-site inspections, and be provided to the director or the director's designee upon request. Facilities designated as major sources pursuant to 567-22.4 (455B) and 567-24.101(455B), or subject to any applicable federal requirements, shall retain all records demonstrating compliance with this exemption for five years. (3) An owner or operator using this exemption obtains a construction permit or ceases operation of equipment if operation of the equipment would cause the emission levels listed in this exemption to be exceeded. For the purposes of this exemption, "research and development activities" shall be defined as activities: 1. That are operated under the close supervision of technically trained personnel; 2. That are conducted for the primary purpose of theoretical research or research and development into new or improved processes and products; 3. That do not manufacture more than de minimus amounts of commercial products; and 4. That do not contribute to the manufacture of commercial products by collocated sources in more than a de minimus manner. ll. A regional collection center (RCC), as defined in 567-Chapter 211, involved in the processing of permitted hazardous materials from households and conditionally exempt small quantity generators (CESQG), not to exceed 1,200,000 pounds of VOC-containing material in a 12-month rolling period. Latex paint drying may not exceed 120,000 pounds per year on a 12-month rolling total. Other nonprocessing emission units (e.g., standby generators and waste oil heaters) shall not be eligible to use this exemption. mm. Cold solvent cleaning machines that are not in-line cleaning machines, where the maximum vapor pressure of the solvents used shall not exceed 0.7 kPa (5 mmHg or 0.1 psi) at 20°C (68°F). The machine must be equipped with a tightly fitted cover or lid that shall be closed at all times except during parts entry and removal. This exemption cannot be used for cold solvent cleaning machines that use solvent containing methylene chloride (CAS # 75-09-2), perchloroethylene (CAS # 127-18-4), trichloroethylene (CAS # 79-01-6), 1,1,1-trichloroethane (CAS # 71-55-6), carbon tetrachloride (CAS # 56-23-5) or chloroform (CAS # 67-66-3), or any combination of these halogenated HAP solvents in a total concentration greater than 5 percent by weight. nn. Emissions from mobile over-the-road trucks, and mobile agricultural and construction internal combustion engines that are operated only for repair or maintenance purposes at equipment repair shops or equipment dealerships, and only when the repair shops or equipment dealerships are not major sources as defined in 567-24.100(455B). oo. A nonroad diesel fueled engine, as "nonroad engine" is defined in 40 CFR Section 1068.30 as amended through January 24, 2023, with a brake horsepower rating of less than 1,100 at full load measured at the shaft, used to conduct periodic testing and maintenance on natural gas pipelines. For the purposes of this exemption, the manufacturer's nameplate rating shall be defined as the brake horsepower output at the shaft at full load. (1) To qualify for the exemption, the engine must:1. Be used for periodic testing and maintenance on natural gas pipelines outside the compressor station, which shall not exceed 330 hours in any 12-month consecutive period at a single location; or 2. Be used for periodic testing and maintenance on natural gas pipelines within the compressor station, which shall not exceed 330 hours in any 12-month consecutive period. (2) The owner or operator shall maintain a monthly record of the number of hours the engine operated and a record of the rolling 12-month total of the number of hours the engine operated for each location outside the compressor station and within the compressor station. These records shall be maintained for two years. Records shall be made available to the department upon request. (3) This exemption shall not apply to the replacement or substitution of engines for backup power generation at a pipeline compressor station. (3) Construction permits. The owner or operator of a new or modified stationary source shall apply for a construction permit. Construction permit applications, including the information referenced above and in 567-22.1 (455B) through 567-22.10 (455B), shall be submitted in the electronic format specified by the department, if electronic submittal is provided. The owner or operator of any new or modified industrial anaerobic lagoon shall apply for a construction permit as specified in this subrule and as provided in 567-Chapter 22. The owner or operator of a new or modified anaerobic lagoon for an animal feeding operation shall apply for a construction permit as provided in 567-Chapter 65. a. Regulatory applicability determinations. If requested in writing, the director will review the design concepts of equipment and associated control equipment prior to application for a construction permit. The purpose of the review would be to determine the acceptability of the location of the equipment. If the review is requested, the requester shall supply the following information and submit a fee as required in 567-Chapter 30:(1) Preliminary plans and specifications of equipment and related control equipment. (2) The exact site location and a plot plan of the immediate area, including the distance to and height of nearby buildings and the estimated location and elevation of the emission points. (3) The estimated emission rates of any air contaminants that are to be considered. (4) The estimated exhaust gas temperature, velocity at the point of discharge, and stack diameter at the point of discharge. (5) An estimate of when construction would begin and when construction would be completed. b. Construction permit applications. Each application for a construction permit shall be submitted to the department. Final plans and specifications for the proposed equipment or related control equipment shall be submitted with the application for a permit and shall be prepared by or under the direct supervision of a professional engineer licensed in the state of Iowa in conformance with Iowa Code section 542B.1, or consistent with the provisions of Iowa Code section 542B.26 for any full-time employee of any corporation while the employee is doing work for that corporation. The application for a permit to construct shall include the following information: (1) A description of the equipment or control equipment covered by the application; (2) A scaled plot plan, including the distance and height of nearby buildings, and the location and elevation of existing and proposed emission points; (3) The composition of the effluent stream, both before and after any control equipment with estimates of emission rates, concentration, volume and temperature; (4) The physical and chemical characteristics of the air contaminants; (5) The proposed dates and description of any tests to be made by the owner or operator of the completed installation to verify compliance with applicable emission limits or standards of performance; (6) Information pertaining to sampling port locations, scaffolding, power sources for operation of appropriate sampling instruments, and pertinent allied facilities for making tests to ascertain compliance; (7) Any additional information deemed necessary by the department to determine compliance with or applicability of 567-22.4 (455B), 567-22.5 (455B), 567-31.3 (455B) and 567-33.3(455B); (8) Reserved. (9) A signed statement that ensures the applicant's legal entitlement to install and operate equipment covered by the permit application on the property identified in the permit application. A signed statement shall not be required for rock crushers, portable concrete or asphalt equipment used in conjunction with specific identified construction projects that are intended to be located at a site only for the duration of the specific, identified construction project; and (10) Application fee. 1. The owner or operator shall submit a fee as required in 567-Chapter 30 to obtain a permit under 22.1(1), 567-22.4 (455B), 567-22.5(455B), 567-22.8 (455B), 567-22.10 (455B), 567-Chapter 31 or 567-Chapter 33; 2. For application submittals from a minor source as defined in 567-Chapter 30, the department shall not initiate review and processing of a permit application submittal until all required application fees have been paid to the department; and (11) Quantity of greenhouse gas emissions for all applications for projects that will or do have greenhouse gas emissions. For all applications for projects that will not or do not have greenhouse gas emissions, the applicant shall indicate in the application that no greenhouse gases will be emitted and the applicant will not be required to file an inventory of greenhouse gases with that application, unless requested by the department. c. Application requirements for anaerobic lagoons. The application for a permit to construct an anaerobic lagoon shall include the following information: (1) The source of the water being discharged to the lagoon; (2) A plot plan, including distances to nearby residences or occupied buildings, local land use zoning maps of the vicinity, and a general description of the topography in the vicinity of the lagoon; (3) In the case of an animal feeding operation, the information required in 567-Chapter 65; (4) In the case of an industrial source, a chemical description of the waste being discharged to the lagoon; (5) A report of sulfate analyses conducted on the water to be used for any purpose in a livestock operation proposing to use an anaerobic lagoon. The report shall be prepared by using standard methods as defined in 567-60.2 (455B); (6) A description of available water supplies to prove that adequate water is available for dilution; (7) In the case of an animal feeding operation, a waste management plan describing the method of waste collection and disposal and the land to be used for disposal. Evidence that the waste disposal equipment is of sufficient size to dispose of the wastes within a 20-day period per year shall also be provided; (8) Any additional information needed by the department to determine compliance with these rules." scope="agency:567:title:II">exemptions in this subrule in lieu of obtaining an air quality
construction permit if
the equipment,
control equipment, or
process meets the
conditions in the specific exemption and is not:
* Permitted under the provisions of the permit by rule for
spray booths, as set forth in
567-22.8 (455B);
* Subject to nonattainment new source review, as set forth in
567-Chapter 31; or
* Subject to PSD, as set forth in 567-Chapter 33;
A permitting exemption may be used only if a permit is not
necessary to establish federally enforceable limits that restrict potential to
emit.
An owner or operator shall keep records at the facility and
will make the records available to the department upon request if any of the
1 million Btu per hour input), * 22.1(2)"b," * 22.1(2)"e," * 22.1(2)"r," or * 22.1(2)"s." Records kept on site shall contain the following information: * The specific exemption claimed; and * A description of the associated equipment. The permitting exemptions in this subrule do not relieve the owner or operator of any source from any obligation to comply with any other applicable requirements. a. Fuel-burning equipment for indirect heating and reheating furnaces or cooling units using natural gas or liquefied petroleum gas with a capacity of less than 10 million Btu per hour input per combustion unit. b. Fuel-burning equipment for indirect heating or indirect cooling with a capacity of less than 1 million Btu per hour input per combustion unit when burning untreated wood, untreated seeds or pellets, other untreated vegetative materials, or fuel oil, provided that the equipment and the fuel meet the conditions specified in this paragraph. Used oils meeting the specification from 40 CFR Section 279.11 as amended through July 14, 2006, are acceptable fuels for this exemption. When combusting used oils, the equipment must have a maximum rated capacity of 50,000 Btu or less per hour of heat input or a maximum throughput of 3,600 gallons or less of used oils per year. When combusting untreated wood, untreated seeds or pellets, or other untreated vegetative materials, the equipment must have a maximum rated capacity of 265,600 Btu or less per hour or a maximum throughput of 378,000 pounds or less per year of each fuel or any combination of fuels. Records shall be maintained on site by the owner or operator for at least two calendar years to demonstrate that fuel usage is less than the exemption thresholds. Owners or operators initiating construction, installation, reconstruction, or alteration of equipment (as defined in 567-22.1 (455B)) on or before October 23, 2013, burning coal, used oils, untreated wood, untreated seeds or pellets, or other untreated vegetative materials that qualified for this exemption may continue to claim this exemption after October 23, 2013, without being restricted to the maximum heat input or throughput specified in this paragraph. c. Mobile internal combustion and jet engines, marine vessels and locomotives. d. Equipment used for cultivating land, harvesting crops, or raising livestock other than anaerobic lagoons. This exemption is not applicable if the equipment is used to remove substances from grain that were applied to the grain by another person. This exemption is also not applicable to equipment used by a person to manufacture commercial feed, as defined in Iowa Code section 198.3, that is normally not fed to livestock, owned by the person or another person, in a feedlot, as defined in Iowa Code section 172D.1(6), or a confinement building owned or operated by that person and located in this state. e. Incinerators and pyrolysis cleaning furnaces with a rated refuse burning capacity of less than 25 pounds per hour for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013. Pyrolysis cleaning furnace exemption is limited to those units that use only natural gas or propane. Salt bath units are not included in this exemption. Incinerators or pyrolysis cleaning furnaces for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-21.1(455B)) occurred after October 23, 2013, shall not qualify for this exemption. After October 23, 2013, only paint clean-off ovens with a maximum rated capacity of less than 25 pounds per hour that do not combust lead-containing materials shall qualify for this exemption. f. Fugitive dust controls, unless a control efficiency can be assigned to the equipment or control equipment. g. Equipment or control equipment that reduces or eliminates all emission to the atmosphere. An owner or operator electing to use this exemption shall provide to the department the following information: (1) Name and location of the facility; (2) Detailed description of each change being made; (3) Date of the beginning of actual construction and date that operation will begin after the changes are made; (4) Detailed emissions estimates showing:1. The actual and potential emissions, specifically noting increases or decreases, for the project for all regulated pollutants (as defined in 567-24.100(455B)); and 2. The accumulated emissions increases associated with each change when totaled with other net emissions increases at the facility contemporaneous with the proposed change (occurring within five years before construction of the particular change commences). (5) Documentation of the basis for all emissions estimates; (6) Height of the emission point or stack and height of the highest building within 50 feet; (7) Statement that the provisions of 567-Chapters 31 and 33 do not apply; and (8) Written statement containing certification by a responsible official as defined in 567-24.100(455B) of truth, accuracy, and completeness that:1. Accumulated emissions with other contemporaneous net increases have not exceeded significant levels, as defined in 40 CFR 52.21(b)(23), and adopted in 567-33.3(455B); 2. The changes will not prevent the attainment or maintenance of the ambient air quality standards specified in 567-22.11 (455B); 3. Based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete. The conditions listed below also apply to this exemption: * If an owner or operator opts to use this exemption for equipment or a process not yet constructed or modified, the information shall be provided to the department at least 30 days in advance of the beginning of construction on the project. * If an owner or operator opts to use this exemption for equipment or a process that has already been constructed or modified and that does not have a construction permit for that construction or modification, the owner or operator shall not operate until the information listed above is provided to the department. * If a construction permit has been previously issued for the equipment or control equipment, all other conditions of the construction permit remain in effect. * If an owner or operator wishes to obtain credit for emission reductions, an air quality construction permit must be obtained for the reduction prior to the time the reduction is made. h. Equipment (other than anaerobic lagoons) or control equipment that emits odors, unless such equipment or control equipment also emits particulate matter or any other regulated air contaminant (as defined in 567-24.100(455B)). i. Reserved. j. Residential heaters, cookstoves, or fireplaces that burn untreated wood, untreated seeds or pellets, or other untreated vegetative materials. k. Asbestos demolition and renovation projects subject to 40 CFR Section 61.145 as adopted by reference in 567-subrule 23.1(3). l. The equipment in laboratories used exclusively for nonproduction chemical and physical analyses. Nonproduction analyses means analyses incidental to the production of a good or service and includes analyses conducted for quality assurance or quality control activities or for the assessment of environmental impact. m. Storage tanks with a capacity of less than 19,812 gallons and an annual throughput of less than 200,000 gallons. n. Stack or vents to prevent escape of sewer gases through plumbing traps. Systems that include any industrial waste are not exempt. o. A nonproduction surface coating process that uses only handheld aerosol spray cans. p. Brazing, soldering or welding equipment or portable cutting torches used only for nonproduction activities. q. Cooling and ventilating equipment: comfort air conditioning not designed or used to remove air contaminants generated by, or released from, specific units of equipment. r. An internal combustion engine with a brake horsepower rating of less than 400 measured at the shaft, provided that the owner or operator meets all of the conditions in this paragraph. For the purposes of this exemption, the manufacturer's nameplate rated capacity at full load shall be defined as the brake horsepower output at the shaft. The owner or operator of an engine that was manufactured, ordered, modified or reconstructed after March 18, 2009, may use this exemption only if the owner or operator, prior to installing, modifying or reconstructing the engine, submits to the department a completed registration on forms provided by the department (unless the engine is exempted from registration, as specified in this paragraph or on the registration form) certifying that the engine is in compliance with the following federal regulations:(1) NSPS for stationary compression ignition internal combustion engines ( 40 CFR Part 60, Subpart IIII); or (2) NSPS for stationary spark ignition internal combustion engines (40 CFR Part 60, Subpart JJJJ); and (3) NESHAP for reciprocating internal combustion engines ( 40 CFR Part 63, Subpart ZZZZ). Use of this exemption does not relieve an owner or operator from any obligation to comply with NSPS or NESHAP requirements. An engine that meets the definition of a nonroad engine as specified in 40 CFR Section 1068.30, as amended through January 24, 2023, is exempt from the registration requirements of this paragraph. s. Equipment that is not related to the production of goods or services and used exclusively for academic purposes, located at educational institutions (as defined in Iowa Code section 455B.161). The equipment covered under this exemption is limited to lab hoods, art class equipment, wood shop equipment in classrooms, wood fired pottery kilns, and fuel-burning units with a capacity of less than 1 million Btu per hour fuel capacity. This exemption does not apply to incinerators. t. Any container, storage tank, or vessel that contains a fluid having a maximum true vapor pressure of less than 0.75 psia. "Maximum true vapor pressure" means the equilibrium partial pressure of the material considering: (1) For material stored at ambient temperature, the maximum monthly average temperature as reported by the National Weather Service, or (2) For material stored above or below the ambient temperature, the temperature equal to the highest calendar-month average of the material storage temperature. u. Equipment for carving, cutting, routing, turning, drilling, machining, sawing, surface grinding, sanding, planing, buffing, sandblast cleaning, shot blasting, shot peening, or polishing ceramic artwork, leather, metals (other than beryllium), plastics, concrete, rubber, paper stock, and wood or wood products, where such equipment is either used for nonproduction activities or exhausted inside a building. v. Manually operated equipment, as defined in 567-24.100(455B), used for buffing, polishing, carving, cutting, drilling, machining, routing, sanding, sawing, scarfing, surface grinding, or turning. w. Small unit exemption. (1) "Small unit" means any emission unit and associated control (if applicable) that emits less than the following: 1. 2 pounds per year of lead and lead compounds expressed as lead (40 pounds per year of lead or lead compounds for equipment for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013); 2. 5 tons per year of sulfur dioxide; 3. 5 tons per year of nitrogen oxides; 4. 5 tons per year of volatile organic compounds; 5. 5 tons per year of carbon monoxide; 6. 5 tons per year of particulate matter (particulate matter as defined in 40 CFR 51.100(pp), as amended through November 7, 1986); 7. 2.5 tons per year of PM10; 8. 0.52 tons per year of PM2.5 (does not apply to equipment for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013); and 9. 5 tons per year of hazardous air pollutants (as defined in 567-24.100(455B)). For the purposes of this exemption, "emission unit" means any part or activity of a stationary source that emits or has the potential to emit any pollutant subject to regulation under the Act. This exemption applies to existing and new or modified "small units." An emission unit that emits hazardous air pollutants (as defined in 567-24.100(455B)) is not eligible for this exemption if the emission unit is required to be reviewed for compliance with 567-subrule 23.1(3), emission standards for hazardous air pollutants ( 40 CFR Part 61, NESHAP), or 567-subrule 23.1(4), emission standards for hazardous air pollutants for source categories ( 40 CFR Part 63, NESHAP). An emission unit that emits air pollutants that are not regulated air pollutants as defined in 567-24.100(455B) shall not be eligible to use this exemption. (2) Permit requested. If a construction permit is requested in writing by the owner or operator of a small unit, the director may issue a construction permit for the emission point associated with that emission unit. (3) An owner or operator that utilizes the small unit exemption must maintain on site an "exemption justification document." The exemption justification document must document conformance and compliance with the emission rate limits contained in the definition of "small unit" for the particular emission unit or group of similar emission units obtaining the exemption. Controls that may be part of the exemption justification document include, but are not limited to, the following: emission control devices, such as cyclones, filters, or baghouses; restricted hours of operation or fuel; and raw material or solvent substitution. The exemption justification document for an emission unit or group of similar emission units must be made available for review during normal business hours and for state or EPA on-site inspections and shall be provided to the director or the director's representative upon request. If an exemption justification document does not exist, the applicability of the small unit exemption is voided for that particular emission unit or group of similar emission units. The controls described in the exemption justification document establish a limit on the potential emissions. An exemption justification document shall include the following for each applicable emission unit or group of similar emission units: 1. A narrative description of how the emissions from the emission unit or group of similar emission units were determined and maintained at or below the annual small unit exemption levels. 2. If air pollution control equipment is used, a description of the air pollution control equipment used on the emission unit or group of similar emission units and a statement that the emission unit or group of similar emission units will not be operated without the pollution control equipment operating. 3. If air pollution control equipment is used, the applicant shall maintain a copy of any report of manufacturer's testing results of any emissions test, if available. The department may require a test if it believes that a test is necessary for the exemption claim. 4. A description of all production limits required for the emission unit or group of similar emission units to comply with the exemption levels. 5. Detailed calculations of emissions reflecting the use of any air pollution control devices or production or throughput limitations, or both, for applicable emission unit or group of similar emission units. 6. Records of actual operation that demonstrate that the annual emissions from the emission unit or group of similar emission units were maintained below the exemption levels. 7. Facilities designated as major sources with respect to 567-22.4 (455B) and 567-24.101(455B), or subject to any applicable federal requirements, shall retain all records demonstrating compliance with the exemption justification document for five years. The record retention requirements supersede any retention conditions of an individual exemption. 8. A certification from the responsible official that the emission unit or group of similar emission units have complied with the exemption levels specified in 22.1(2)"w"(1). (4) Requirement to apply for a construction permit. An owner or operator of a small unit will be required to obtain a construction permit or take the unit out of service if the emission unit exceeds the small unit emission levels. 1. If, during an inspection or other investigation of a facility, the department believes that the emission unit exceeds the emission levels that define a "small unit," then the department will submit calculations and detailed information in a letter to the owner or operator. The owner or operator shall have 60 days to respond with detailed calculations and information to substantiate a claim that the small unit does not exceed the emission levels that define a small unit. 2. If the owner or operator is unable to substantiate a claim to the satisfaction of the department, then the owner or operator that has been using the small unit exemption must cease operation of that small unit or apply for a construction permit for that unit within 90 days after receiving a letter of notice from the department. The emission unit and control equipment may continue operation during this period and the associated initial application review period. 3. If the notification of nonqualification as a small unit is made by the department following the process described above, the owner or operator will be deemed to have constructed an emission unit without the required permit and may be subject to applicable penalties. (5) Required notice for construction or modification of a substantial small unit. The owner or operator shall notify the department in writing at least ten days prior to commencing construction of any new or modified "substantial small unit" as defined in 22.1(2)"w"(6). The owner or operator shall notify the department within 30 days after determining an existing small unit meets the criteria of the "substantial small unit" as defined in 22.1(2)"w"(6). Notification shall include the name of the business, the location where the unit will be installed, and information describing the unit and quantifying its emissions. The owner or operator shall notify the department within 90 days of the end of the calendar year for which the aggregate emissions from substantial small units at the facility have reached any of the cumulative notice thresholds listed below. (6) For the purposes of this paragraph, "substantial small unit" means a small unit that emits more than the following amounts, as documented in the exemption justification document: 1. 2 pounds per year of lead and lead compounds expressed as lead (30 pounds per year of lead or lead compounds for equipment for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013); 2. 3.75 tons per year of sulfur dioxide; 3. 3.75 tons per year of nitrogen oxides; 4. 3.75 tons per year of volatile organic compounds; 5. 3.75 tons per year of carbon monoxide; 6. 3.75 tons per year of particulate matter (particulate matter as defined in 40 CFR 51.100(pp), as amended through November 7, 1986); 7. 1.875 tons per year of PM10; 8. 0.4 tons per year of PM2.5 (does not apply to equipment for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013); or 9. 3.75 tons per year of any hazardous air pollutant or 3.75 tons per year of any combination of hazardous air pollutants. An emission unit is a "substantial small unit" only for those substances for which annual emissions exceed the above-indicated amounts.(7) Required notice that a cumulative notice threshold has been reached. Once a "cumulative notice threshold," as defined in 22.1(2)"w"(8), has been reached for any of the listed pollutants, the owner or operator at the facility must apply for air construction permits for all substantial small units for which the cumulative notice threshold for the pollutant(s) in question has been reached. The owner or operator shall have 90 days from the date it determines that the cumulative notice threshold has been reached in which to apply for construction permit(s). The owner or operator shall submit a letter to the department, within five working days of making this determination, establishing the date the owner or operator determined that the cumulative notice threshold had been reached. (8) "Cumulative notice threshold" means the total combined emissions from all substantial small units using the small unit exemption that emit at the facility the following amounts, as documented in the exemption justification document: 1. 0.6 tons per year of lead and lead compounds expressed as lead; 2. 40 tons per year of sulfur dioxide; 3. 40 tons per year of nitrogen oxides; 4. 40 tons per year of volatile organic compounds; 5. 100 tons per year of carbon monoxide; 6. 25 tons per year of particulate matter (particulate matter as defined in 40 CFR 51.100(pp), as amended through November 7, 1986); 7. 15 tons per year of PM10; 8. 10 tons per year of PM2.5 (does not apply to equipment for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013); or 9. 10 tons per year of any hazardous air pollutant or 25 tons per year of any combination of hazardous air pollutants. x. The following equipment, processes, and activities: (1) Cafeterias, kitchens, and other facilities used for preparing food or beverages primarily for consumption at the source. (2) Consumer use of office equipment and products, not including printers or businesses primarily involved in photographic reproduction. (3) Janitorial services and consumer use of janitorial products. (4) Internal combustion engines used for lawn care, landscaping, and groundskeeping purposes. (5) Laundry activities located at a stationary source that uses washers and dryers to clean, with water solutions of bleach or detergents, or to dry clothing, bedding, and other fabric items used on site. This exemption does not include laundry activities that use dry cleaning equipment or steam boilers. (6) Bathroom vent emissions, including toilet vent emissions. (7) Blacksmith forges. (8) Plant maintenance and upkeep activities and repair or maintenance shop activities (e.g., groundskeeping, general repairs, cleaning, painting, welding, plumbing, retarring roofs, installing insulation, and paving parking lots), provided that these activities are not conducted as part of manufacturing process, are not related to the source's primary business activity, and do not otherwise trigger a permit modification. Cleaning and painting activities qualify if they are not subject to control requirements for volatile organic compounds or hazardous air pollutants as defined in 567-24.100(455B). (9) Air compressors and vacuum pumps, including hand tools. (10) Batteries and battery charging stations, except at battery manufacturing plants. (11) Equipment used to store, mix, pump, handle or package soaps, detergents, surfactants, waxes, glycerin, vegetable oils, greases, animal fats, sweetener, corn syrup, and aqueous salt or caustic solutions, provided that appropriate lids and covers are utilized and that no organic solvent has been mixed with such materials. (12) Equipment used exclusively to slaughter animals, but not including other equipment at slaughterhouses, such as rendering cookers, boilers, heating plants, incinerators, and electrical power generating equipment. (13) Vents from continuous emissions monitors and other analyzers. (14) Natural gas pressure regulator vents, excluding venting at oil and gas production facilities. (15) Equipment used by surface coating operations that apply the coating by brush, roller, or dipping, except equipment that emits volatile organic compounds or hazardous air pollutants as defined in 567-24.100(455B). (16) Hydraulic and hydrostatic testing equipment. (17) Environmental chambers not using gases that are hazardous air pollutants as defined in 567-24.100(455B). (18) Shock chambers, humidity chambers, and solar simulators. (19) Fugitive dust emissions related to movement of passenger vehicles on unpaved road surfaces, provided that the emissions are not counted for applicability purposes and that any fugitive dust control plan or its equivalent is submitted as required by the department. (20) Process water filtration systems and demineralizers, demineralized water tanks, and demineralizer vents. (21) Boiler water treatment operations, not including cooling towers or lime silos. (22) Oxygen scavenging (deaeration) of water. (23) Fire suppression systems. (24) Emergency road flares. (25) Steam vents, safety relief valves, and steam leaks. (26) Steam sterilizers. (27) Application of hot melt adhesives from closed-pot systems using polyolefin compounds, polyamides, acrylics, ethylene vinyl acetate and urethane material when stored and applied at the manufacturer's recommended temperatures. Equipment used to apply hot melt adhesives shall have a safety device that automatically shuts down the equipment if the hot melt temperature exceeds the manufacturer's recommended application temperature. y. Direct-fired equipment burning natural gas, propane, or liquefied propane with a capacity of less than 10 million Btu per hour input, and direct-fired equipment burning fuel oil with a capacity of less than 1 million Btu per hour input, with emissions that are attributable only to the products of combustion. Emissions other than those attributable to the products of combustion shall be accounted for in an enforceable permit condition or shall otherwise be exempt under this subrule. z. Closed refrigeration systems, including storage tanks used in refrigeration systems but excluding any combustion equipment associated with such systems. aa. Pretreatment application processes that use aqueous-based chemistries designed to clean a substrate, provided that the chemical concentrate contains no more than 5 percent organic solvents by weight. This exemption includes pretreatment processes that use aqueous-based cleaners, cleaner-phosphatizers, and phosphate conversion coating chemistries. bb. Indoor-vented powder coating operations with filters or powder recovery systems. cc. Electric curing ovens or curing ovens that run on natural gas or propane with a maximum heat input of less than 10 million Btu per hour and that are used for powder coating operations, provided that the total cured powder usage is less than 75 tons of powder per year at the stationary source. Records shall be maintained on site by the owner or operator for a period of at least two calendar years to demonstrate that cured powder usage is less than the exemption threshold. dd. Each production painting, adhesive or coating unit using an application method other than a spray system and associated cleaning operations that use 1,000 gallons or less of coating and solvents annually, unless the production painting, adhesive or coating unit and associated cleaning operations are subject to work practice, process limits, emissions limits, stack testing, recordkeeping or reporting requirements under 567-subrule 23.1(2), 23.1(3) or 23.1(4). Records shall be maintained on site by the owner or operator for a period of at least two calendar years to demonstrate that paint, adhesive, or solvent usage is at or below the exemption threshold. ee. Any production surface coating activity that uses only nonrefillable handheld aerosol cans, where the total volatile organic compound emissions from all these activities at a stationary source do not exceed 5.0 tons per year. ff. Production welding. (1) Consumable electrode. 1. Welding operations for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013, using a consumable electrode, provided that the consumable electrode used falls within American Welding Society specification A5.18/A5.18M for Gas Metal Arc Welding (GMAW), A5.1 or A5.5 for Shielded Metal Arc Welding (SMAW), and A5.20 for Flux Core Arc Welding (FCAW), and provided that the quantity of all electrodes used at the stationary source of the acceptable specifications is below 200,000 pounds per year for GMAW and 28,000 pounds per year for SMAW or FCAW. Records that identify the type and annual amount of welding electrode used shall be maintained on site by the owner or operator for a period of at least two calendar years. For stationary sources where electrode usage exceeds these levels, the welding activity at the stationary source may be exempted if the amount of electrode used (Y) is less than: Y = the greater of 1380x - 19,200 or 200,000 for GMAW, or Y = the greater of 187x - 2,600 or 28,000 for SMAW or FCAW Where "x" is the minimum distance to the property line in feet and "Y" is the annual electrode usage in pounds per year. If the stationary source has welding processes that fit into both of the specified exemptions, the most stringent limits must be applied. 2. Welding operations for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred after October 23, 2013, using a consumable electrode, provided that the consumable electrode used falls within American Welding Society specification A5.18/A5.18M for Gas Metal Arc Welding (GMAW), A5.1 or A5.5 for Shielded Metal Arc Welding (SMAW), and A5.20 for Flux Core Arc Welding (FCAW), and provided that the quantity of all electrodes used at the stationary source of the acceptable specifications is below 12,500 pounds per year for GMAW and 1,600 pounds per year for SMAW or FCAW. Records that identify the type and annual amount of welding electrode used shall be maintained on site by the owner or operator for a period of at least two calendar years. For stationary sources where electrode usage exceeds these levels, the welding activity at the stationary source may be exempted if the amount of electrode used (Y) is less than: Y = the greater of 84x - 1,200 or 12,500 for GMAW, or Y = the greater of 11x - 160 or 1,600 for SMAW or FCAW Where "x" is the minimum distance to the property line in feet and "Y" is the annual electrode usage in pounds per year. If the stationary source has welding processes that fit into both of the specified exemptions, the most stringent limits must be applied. (2) Resistance welding, submerged arc welding, or arc welding that does not use a consumable electrode, provided that the base metals do not include stainless steel, alloys of lead, alloys of arsenic, or alloys of beryllium and provided that the base metals are uncoated, excluding manufacturing process lubricants. gg. Electric hand soldering, wave soldering, and electric solder paste reflow ovens for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013. Electric hand soldering, wave soldering, and electric solder paste reflow ovens for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-2.1(455B)) occurred after October 23, 2013, shall be limited to 37,000 pounds or less per year of lead-containing solder. Records shall be maintained on site by the owner or operator for at least two calendar years to demonstrate that use of lead-containing solder is less than the exemption thresholds. hh. Pressurized piping and storage systems for natural gas, propane, liquefied petroleum gas (LPG), and refrigerants, where emissions could only result from an upset condition. ii. Emissions from the storage and mixing of paints and solvents associated with the painting operations, provided that the emissions from the storage and mixing are accounted for in an enforceable permit condition or are otherwise exempt. jj. Product labeling using laser and ink-jet printers with target distances less than or equal to six inches and an annual material throughput of less than 1,000 gallons per year as calculated on a stationary sourcewide basis. kk. Equipment related to research and development activities at a stationary source, provided that: (1) Actual emissions from all research and development activities at the stationary source based on a 12-month rolling total are less than the following levels: 1. 2 pounds per year of lead and lead compounds expressed as lead (40 pounds per year for research and development activities that commenced on or before October 23, 2013); 2. 5 tons per year of sulfur dioxide; 3. 5 tons per year of nitrogen oxides; 4. 5 tons per year of volatile organic compounds; 5. 5 tons per year of carbon monoxide; 6. 5 tons per year of particulate matter (particulate matter as defined in 40 CFR 51.100(pp) as amended through November 7, 1986); 7. 2.5 tons per year of PM10; 8. 0.52 tons per year of PM2.5 (does not apply to research and development activities that commenced on or before October 23, 2013); and 9. 5 tons per year of hazardous pollutants (as defined in 567-24.100(455B)); and (2) The owner or operator maintains records of actual operations demonstrating that the annual emissions from all research and development activities conducted under this exemption are below the levels listed in 22.1(2)"kk"(1). These records shall: 1. Include a list of equipment that is included under the exemption; 2. Include records of actual operation and detailed calculations of actual annual emissions, reflecting the use of any control equipment and demonstrating that the emissions are below the levels specified in the exemption; 3. Include, if air pollution equipment is used in the calculation of emissions, a copy of any report of manufacturer's testing, if available. The department may require a test if it believes that a test is necessary for the exemption claim; and 4. Be maintained on site for a minimum of two years, be made available for review during normal business hours and for state and EPA on-site inspections, and be provided to the director or the director's designee upon request. Facilities designated as major sources pursuant to 567-22.4 (455B) and 567-24.101(455B), or subject to any applicable federal requirements, shall retain all records demonstrating compliance with this exemption for five years. (3) An owner or operator using this exemption obtains a construction permit or ceases operation of equipment if operation of the equipment would cause the emission levels listed in this exemption to be exceeded. For the purposes of this exemption, "research and development activities" shall be defined as activities: 1. That are operated under the close supervision of technically trained personnel; 2. That are conducted for the primary purpose of theoretical research or research and development into new or improved processes and products; 3. That do not manufacture more than de minimus amounts of commercial products; and 4. That do not contribute to the manufacture of commercial products by collocated sources in more than a de minimus manner. ll. A regional collection center (RCC), as defined in 567-Chapter 211, involved in the processing of permitted hazardous materials from households and conditionally exempt small quantity generators (CESQG), not to exceed 1,200,000 pounds of VOC-containing material in a 12-month rolling period. Latex paint drying may not exceed 120,000 pounds per year on a 12-month rolling total. Other nonprocessing emission units (e.g., standby generators and waste oil heaters) shall not be eligible to use this exemption. mm. Cold solvent cleaning machines that are not in-line cleaning machines, where the maximum vapor pressure of the solvents used shall not exceed 0.7 kPa (5 mmHg or 0.1 psi) at 20°C (68°F). The machine must be equipped with a tightly fitted cover or lid that shall be closed at all times except during parts entry and removal. This exemption cannot be used for cold solvent cleaning machines that use solvent containing methylene chloride (CAS # 75-09-2), perchloroethylene (CAS # 127-18-4), trichloroethylene (CAS # 79-01-6), 1,1,1-trichloroethane (CAS # 71-55-6), carbon tetrachloride (CAS # 56-23-5) or chloroform (CAS # 67-66-3), or any combination of these halogenated HAP solvents in a total concentration greater than 5 percent by weight. nn. Emissions from mobile over-the-road trucks, and mobile agricultural and construction internal combustion engines that are operated only for repair or maintenance purposes at equipment repair shops or equipment dealerships, and only when the repair shops or equipment dealerships are not major sources as defined in 567-24.100(455B). oo. A nonroad diesel fueled engine, as "nonroad engine" is defined in 40 CFR Section 1068.30 as amended through January 24, 2023, with a brake horsepower rating of less than 1,100 at full load measured at the shaft, used to conduct periodic testing and maintenance on natural gas pipelines. For the purposes of this exemption, the manufacturer's nameplate rating shall be defined as the brake horsepower output at the shaft at full load. (1) To qualify for the exemption, the engine must:1. Be used for periodic testing and maintenance on natural gas pipelines outside the compressor station, which shall not exceed 330 hours in any 12-month consecutive period at a single location; or 2. Be used for periodic testing and maintenance on natural gas pipelines within the compressor station, which shall not exceed 330 hours in any 12-month consecutive period. (2) The owner or operator shall maintain a monthly record of the number of hours the engine operated and a record of the rolling 12-month total of the number of hours the engine operated for each location outside the compressor station and within the compressor station. These records shall be maintained for two years. Records shall be made available to the department upon request. (3) This exemption shall not apply to the replacement or substitution of engines for backup power generation at a pipeline compressor station. (3) Construction permits. The owner or operator of a new or modified stationary source shall apply for a construction permit. Construction permit applications, including the information referenced above and in 567-22.1 (455B) through 567-22.10 (455B), shall be submitted in the electronic format specified by the department, if electronic submittal is provided. The owner or operator of any new or modified industrial anaerobic lagoon shall apply for a construction permit as specified in this subrule and as provided in 567-Chapter 22. The owner or operator of a new or modified anaerobic lagoon for an animal feeding operation shall apply for a construction permit as provided in 567-Chapter 65. a. Regulatory applicability determinations. If requested in writing, the director will review the design concepts of equipment and associated control equipment prior to application for a construction permit. The purpose of the review would be to determine the acceptability of the location of the equipment. If the review is requested, the requester shall supply the following information and submit a fee as required in 567-Chapter 30:(1) Preliminary plans and specifications of equipment and related control equipment. (2) The exact site location and a plot plan of the immediate area, including the distance to and height of nearby buildings and the estimated location and elevation of the emission points. (3) The estimated emission rates of any air contaminants that are to be considered. (4) The estimated exhaust gas temperature, velocity at the point of discharge, and stack diameter at the point of discharge. (5) An estimate of when construction would begin and when construction would be completed. b. Construction permit applications. Each application for a construction permit shall be submitted to the department. Final plans and specifications for the proposed equipment or related control equipment shall be submitted with the application for a permit and shall be prepared by or under the direct supervision of a professional engineer licensed in the state of Iowa in conformance with Iowa Code section 542B.1, or consistent with the provisions of Iowa Code section 542B.26 for any full-time employee of any corporation while the employee is doing work for that corporation. The application for a permit to construct shall include the following information: (1) A description of the equipment or control equipment covered by the application; (2) A scaled plot plan, including the distance and height of nearby buildings, and the location and elevation of existing and proposed emission points; (3) The composition of the effluent stream, both before and after any control equipment with estimates of emission rates, concentration, volume and temperature; (4) The physical and chemical characteristics of the air contaminants; (5) The proposed dates and description of any tests to be made by the owner or operator of the completed installation to verify compliance with applicable emission limits or standards of performance; (6) Information pertaining to sampling port locations, scaffolding, power sources for operation of appropriate sampling instruments, and pertinent allied facilities for making tests to ascertain compliance; (7) Any additional information deemed necessary by the department to determine compliance with or applicability of 567-22.4 (455B), 567-22.5 (455B), 567-31.3 (455B) and 567-33.3(455B); (8) Reserved. (9) A signed statement that ensures the applicant's legal entitlement to install and operate equipment covered by the permit application on the property identified in the permit application. A signed statement shall not be required for rock crushers, portable concrete or asphalt equipment used in conjunction with specific identified construction projects that are intended to be located at a site only for the duration of the specific, identified construction project; and (10) Application fee. 1. The owner or operator shall submit a fee as required in 567-Chapter 30 to obtain a permit under 22.1(1), 567-22.4 (455B), 567-22.5(455B), 567-22.8 (455B), 567-22.10 (455B), 567-Chapter 31 or 567-Chapter 33; 2. For application submittals from a minor source as defined in 567-Chapter 30, the department shall not initiate review and processing of a permit application submittal until all required application fees have been paid to the department; and (11) Quantity of greenhouse gas emissions for all applications for projects that will or do have greenhouse gas emissions. For all applications for projects that will not or do not have greenhouse gas emissions, the applicant shall indicate in the application that no greenhouse gases will be emitted and the applicant will not be required to file an inventory of greenhouse gases with that application, unless requested by the department. c. Application requirements for anaerobic lagoons. The application for a permit to construct an anaerobic lagoon shall include the following information: (1) The source of the water being discharged to the lagoon; (2) A plot plan, including distances to nearby residences or occupied buildings, local land use zoning maps of the vicinity, and a general description of the topography in the vicinity of the lagoon; (3) In the case of an animal feeding operation, the information required in 567-Chapter 65; (4) In the case of an industrial source, a chemical description of the waste being discharged to the lagoon; (5) A report of sulfate analyses conducted on the water to be used for any purpose in a livestock operation proposing to use an anaerobic lagoon. The report shall be prepared by using standard methods as defined in 567-60.2 (455B); (6) A description of available water supplies to prove that adequate water is available for dilution; (7) In the case of an animal feeding operation, a waste management plan describing the method of waste collection and disposal and the land to be used for disposal. Evidence that the waste disposal equipment is of sufficient size to dispose of the wastes within a 20-day period per year shall also be provided; (8) Any additional information needed by the department to determine compliance with these rules." scope="agency:567:title:II">exemptions under the following paragraphs are claimed:
* 22.1(2)"a" (for equipment > 1 million
Btu per hour input),
* 22.1(2)"b,"
* 22.1(2)"e,"
* 22.1(2)"r," or
* 22.1(2)"s."
Records kept on site shall contain the following
information:
* The specific exemption claimed; and
* A description of the associated equipment.
The permitting 1 million Btu per hour input), * 22.1(2)"b," * 22.1(2)"e," * 22.1(2)"r," or * 22.1(2)"s." Records kept on site shall contain the following information: * The specific exemption claimed; and * A description of the associated equipment. The permitting exemptions in this subrule do not relieve the owner or operator of any source from any obligation to comply with any other applicable requirements. a. Fuel-burning equipment for indirect heating and reheating furnaces or cooling units using natural gas or liquefied petroleum gas with a capacity of less than 10 million Btu per hour input per combustion unit. b. Fuel-burning equipment for indirect heating or indirect cooling with a capacity of less than 1 million Btu per hour input per combustion unit when burning untreated wood, untreated seeds or pellets, other untreated vegetative materials, or fuel oil, provided that the equipment and the fuel meet the conditions specified in this paragraph. Used oils meeting the specification from 40 CFR Section 279.11 as amended through July 14, 2006, are acceptable fuels for this exemption. When combusting used oils, the equipment must have a maximum rated capacity of 50,000 Btu or less per hour of heat input or a maximum throughput of 3,600 gallons or less of used oils per year. When combusting untreated wood, untreated seeds or pellets, or other untreated vegetative materials, the equipment must have a maximum rated capacity of 265,600 Btu or less per hour or a maximum throughput of 378,000 pounds or less per year of each fuel or any combination of fuels. Records shall be maintained on site by the owner or operator for at least two calendar years to demonstrate that fuel usage is less than the exemption thresholds. Owners or operators initiating construction, installation, reconstruction, or alteration of equipment (as defined in 567-22.1 (455B)) on or before October 23, 2013, burning coal, used oils, untreated wood, untreated seeds or pellets, or other untreated vegetative materials that qualified for this exemption may continue to claim this exemption after October 23, 2013, without being restricted to the maximum heat input or throughput specified in this paragraph. c. Mobile internal combustion and jet engines, marine vessels and locomotives. d. Equipment used for cultivating land, harvesting crops, or raising livestock other than anaerobic lagoons. This exemption is not applicable if the equipment is used to remove substances from grain that were applied to the grain by another person. This exemption is also not applicable to equipment used by a person to manufacture commercial feed, as defined in Iowa Code section 198.3, that is normally not fed to livestock, owned by the person or another person, in a feedlot, as defined in Iowa Code section 172D.1(6), or a confinement building owned or operated by that person and located in this state. e. Incinerators and pyrolysis cleaning furnaces with a rated refuse burning capacity of less than 25 pounds per hour for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013. Pyrolysis cleaning furnace exemption is limited to those units that use only natural gas or propane. Salt bath units are not included in this exemption. Incinerators or pyrolysis cleaning furnaces for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-21.1(455B)) occurred after October 23, 2013, shall not qualify for this exemption. After October 23, 2013, only paint clean-off ovens with a maximum rated capacity of less than 25 pounds per hour that do not combust lead-containing materials shall qualify for this exemption. f. Fugitive dust controls, unless a control efficiency can be assigned to the equipment or control equipment. g. Equipment or control equipment that reduces or eliminates all emission to the atmosphere. An owner or operator electing to use this exemption shall provide to the department the following information: (1) Name and location of the facility; (2) Detailed description of each change being made; (3) Date of the beginning of actual construction and date that operation will begin after the changes are made; (4) Detailed emissions estimates showing:1. The actual and potential emissions, specifically noting increases or decreases, for the project for all regulated pollutants (as defined in 567-24.100(455B)); and 2. The accumulated emissions increases associated with each change when totaled with other net emissions increases at the facility contemporaneous with the proposed change (occurring within five years before construction of the particular change commences). (5) Documentation of the basis for all emissions estimates; (6) Height of the emission point or stack and height of the highest building within 50 feet; (7) Statement that the provisions of 567-Chapters 31 and 33 do not apply; and (8) Written statement containing certification by a responsible official as defined in 567-24.100(455B) of truth, accuracy, and completeness that:1. Accumulated emissions with other contemporaneous net increases have not exceeded significant levels, as defined in 40 CFR 52.21(b)(23), and adopted in 567-33.3(455B); 2. The changes will not prevent the attainment or maintenance of the ambient air quality standards specified in 567-22.11 (455B); 3. Based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete. The conditions listed below also apply to this exemption: * If an owner or operator opts to use this exemption for equipment or a process not yet constructed or modified, the information shall be provided to the department at least 30 days in advance of the beginning of construction on the project. * If an owner or operator opts to use this exemption for equipment or a process that has already been constructed or modified and that does not have a construction permit for that construction or modification, the owner or operator shall not operate until the information listed above is provided to the department. * If a construction permit has been previously issued for the equipment or control equipment, all other conditions of the construction permit remain in effect. * If an owner or operator wishes to obtain credit for emission reductions, an air quality construction permit must be obtained for the reduction prior to the time the reduction is made. h. Equipment (other than anaerobic lagoons) or control equipment that emits odors, unless such equipment or control equipment also emits particulate matter or any other regulated air contaminant (as defined in 567-24.100(455B)). i. Reserved. j. Residential heaters, cookstoves, or fireplaces that burn untreated wood, untreated seeds or pellets, or other untreated vegetative materials. k. Asbestos demolition and renovation projects subject to 40 CFR Section 61.145 as adopted by reference in 567-subrule 23.1(3). l. The equipment in laboratories used exclusively for nonproduction chemical and physical analyses. Nonproduction analyses means analyses incidental to the production of a good or service and includes analyses conducted for quality assurance or quality control activities or for the assessment of environmental impact. m. Storage tanks with a capacity of less than 19,812 gallons and an annual throughput of less than 200,000 gallons. n. Stack or vents to prevent escape of sewer gases through plumbing traps. Systems that include any industrial waste are not exempt. o. A nonproduction surface coating process that uses only handheld aerosol spray cans. p. Brazing, soldering or welding equipment or portable cutting torches used only for nonproduction activities. q. Cooling and ventilating equipment: comfort air conditioning not designed or used to remove air contaminants generated by, or released from, specific units of equipment. r. An internal combustion engine with a brake horsepower rating of less than 400 measured at the shaft, provided that the owner or operator meets all of the conditions in this paragraph. For the purposes of this exemption, the manufacturer's nameplate rated capacity at full load shall be defined as the brake horsepower output at the shaft. The owner or operator of an engine that was manufactured, ordered, modified or reconstructed after March 18, 2009, may use this exemption only if the owner or operator, prior to installing, modifying or reconstructing the engine, submits to the department a completed registration on forms provided by the department (unless the engine is exempted from registration, as specified in this paragraph or on the registration form) certifying that the engine is in compliance with the following federal regulations:(1) NSPS for stationary compression ignition internal combustion engines ( 40 CFR Part 60, Subpart IIII); or (2) NSPS for stationary spark ignition internal combustion engines (40 CFR Part 60, Subpart JJJJ); and (3) NESHAP for reciprocating internal combustion engines ( 40 CFR Part 63, Subpart ZZZZ). Use of this exemption does not relieve an owner or operator from any obligation to comply with NSPS or NESHAP requirements. An engine that meets the definition of a nonroad engine as specified in 40 CFR Section 1068.30, as amended through January 24, 2023, is exempt from the registration requirements of this paragraph. s. Equipment that is not related to the production of goods or services and used exclusively for academic purposes, located at educational institutions (as defined in Iowa Code section 455B.161). The equipment covered under this exemption is limited to lab hoods, art class equipment, wood shop equipment in classrooms, wood fired pottery kilns, and fuel-burning units with a capacity of less than 1 million Btu per hour fuel capacity. This exemption does not apply to incinerators. t. Any container, storage tank, or vessel that contains a fluid having a maximum true vapor pressure of less than 0.75 psia. "Maximum true vapor pressure" means the equilibrium partial pressure of the material considering: (1) For material stored at ambient temperature, the maximum monthly average temperature as reported by the National Weather Service, or (2) For material stored above or below the ambient temperature, the temperature equal to the highest calendar-month average of the material storage temperature. u. Equipment for carving, cutting, routing, turning, drilling, machining, sawing, surface grinding, sanding, planing, buffing, sandblast cleaning, shot blasting, shot peening, or polishing ceramic artwork, leather, metals (other than beryllium), plastics, concrete, rubber, paper stock, and wood or wood products, where such equipment is either used for nonproduction activities or exhausted inside a building. v. Manually operated equipment, as defined in 567-24.100(455B), used for buffing, polishing, carving, cutting, drilling, machining, routing, sanding, sawing, scarfing, surface grinding, or turning. w. Small unit exemption. (1) "Small unit" means any emission unit and associated control (if applicable) that emits less than the following: 1. 2 pounds per year of lead and lead compounds expressed as lead (40 pounds per year of lead or lead compounds for equipment for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013); 2. 5 tons per year of sulfur dioxide; 3. 5 tons per year of nitrogen oxides; 4. 5 tons per year of volatile organic compounds; 5. 5 tons per year of carbon monoxide; 6. 5 tons per year of particulate matter (particulate matter as defined in 40 CFR 51.100(pp), as amended through November 7, 1986); 7. 2.5 tons per year of PM10; 8. 0.52 tons per year of PM2.5 (does not apply to equipment for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013); and 9. 5 tons per year of hazardous air pollutants (as defined in 567-24.100(455B)). For the purposes of this exemption, "emission unit" means any part or activity of a stationary source that emits or has the potential to emit any pollutant subject to regulation under the Act. This exemption applies to existing and new or modified "small units." An emission unit that emits hazardous air pollutants (as defined in 567-24.100(455B)) is not eligible for this exemption if the emission unit is required to be reviewed for compliance with 567-subrule 23.1(3), emission standards for hazardous air pollutants ( 40 CFR Part 61, NESHAP), or 567-subrule 23.1(4), emission standards for hazardous air pollutants for source categories ( 40 CFR Part 63, NESHAP). An emission unit that emits air pollutants that are not regulated air pollutants as defined in 567-24.100(455B) shall not be eligible to use this exemption. (2) Permit requested. If a construction permit is requested in writing by the owner or operator of a small unit, the director may issue a construction permit for the emission point associated with that emission unit. (3) An owner or operator that utilizes the small unit exemption must maintain on site an "exemption justification document." The exemption justification document must document conformance and compliance with the emission rate limits contained in the definition of "small unit" for the particular emission unit or group of similar emission units obtaining the exemption. Controls that may be part of the exemption justification document include, but are not limited to, the following: emission control devices, such as cyclones, filters, or baghouses; restricted hours of operation or fuel; and raw material or solvent substitution. The exemption justification document for an emission unit or group of similar emission units must be made available for review during normal business hours and for state or EPA on-site inspections and shall be provided to the director or the director's representative upon request. If an exemption justification document does not exist, the applicability of the small unit exemption is voided for that particular emission unit or group of similar emission units. The controls described in the exemption justification document establish a limit on the potential emissions. An exemption justification document shall include the following for each applicable emission unit or group of similar emission units: 1. A narrative description of how the emissions from the emission unit or group of similar emission units were determined and maintained at or below the annual small unit exemption levels. 2. If air pollution control equipment is used, a description of the air pollution control equipment used on the emission unit or group of similar emission units and a statement that the emission unit or group of similar emission units will not be operated without the pollution control equipment operating. 3. If air pollution control equipment is used, the applicant shall maintain a copy of any report of manufacturer's testing results of any emissions test, if available. The department may require a test if it believes that a test is necessary for the exemption claim. 4. A description of all production limits required for the emission unit or group of similar emission units to comply with the exemption levels. 5. Detailed calculations of emissions reflecting the use of any air pollution control devices or production or throughput limitations, or both, for applicable emission unit or group of similar emission units. 6. Records of actual operation that demonstrate that the annual emissions from the emission unit or group of similar emission units were maintained below the exemption levels. 7. Facilities designated as major sources with respect to 567-22.4 (455B) and 567-24.101(455B), or subject to any applicable federal requirements, shall retain all records demonstrating compliance with the exemption justification document for five years. The record retention requirements supersede any retention conditions of an individual exemption. 8. A certification from the responsible official that the emission unit or group of similar emission units have complied with the exemption levels specified in 22.1(2)"w"(1). (4) Requirement to apply for a construction permit. An owner or operator of a small unit will be required to obtain a construction permit or take the unit out of service if the emission unit exceeds the small unit emission levels. 1. If, during an inspection or other investigation of a facility, the department believes that the emission unit exceeds the emission levels that define a "small unit," then the department will submit calculations and detailed information in a letter to the owner or operator. The owner or operator shall have 60 days to respond with detailed calculations and information to substantiate a claim that the small unit does not exceed the emission levels that define a small unit. 2. If the owner or operator is unable to substantiate a claim to the satisfaction of the department, then the owner or operator that has been using the small unit exemption must cease operation of that small unit or apply for a construction permit for that unit within 90 days after receiving a letter of notice from the department. The emission unit and control equipment may continue operation during this period and the associated initial application review period. 3. If the notification of nonqualification as a small unit is made by the department following the process described above, the owner or operator will be deemed to have constructed an emission unit without the required permit and may be subject to applicable penalties. (5) Required notice for construction or modification of a substantial small unit. The owner or operator shall notify the department in writing at least ten days prior to commencing construction of any new or modified "substantial small unit" as defined in 22.1(2)"w"(6). The owner or operator shall notify the department within 30 days after determining an existing small unit meets the criteria of the "substantial small unit" as defined in 22.1(2)"w"(6). Notification shall include the name of the business, the location where the unit will be installed, and information describing the unit and quantifying its emissions. The owner or operator shall notify the department within 90 days of the end of the calendar year for which the aggregate emissions from substantial small units at the facility have reached any of the cumulative notice thresholds listed below. (6) For the purposes of this paragraph, "substantial small unit" means a small unit that emits more than the following amounts, as documented in the exemption justification document: 1. 2 pounds per year of lead and lead compounds expressed as lead (30 pounds per year of lead or lead compounds for equipment for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013); 2. 3.75 tons per year of sulfur dioxide; 3. 3.75 tons per year of nitrogen oxides; 4. 3.75 tons per year of volatile organic compounds; 5. 3.75 tons per year of carbon monoxide; 6. 3.75 tons per year of particulate matter (particulate matter as defined in 40 CFR 51.100(pp), as amended through November 7, 1986); 7. 1.875 tons per year of PM10; 8. 0.4 tons per year of PM2.5 (does not apply to equipment for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013); or 9. 3.75 tons per year of any hazardous air pollutant or 3.75 tons per year of any combination of hazardous air pollutants. An emission unit is a "substantial small unit" only for those substances for which annual emissions exceed the above-indicated amounts.(7) Required notice that a cumulative notice threshold has been reached. Once a "cumulative notice threshold," as defined in 22.1(2)"w"(8), has been reached for any of the listed pollutants, the owner or operator at the facility must apply for air construction permits for all substantial small units for which the cumulative notice threshold for the pollutant(s) in question has been reached. The owner or operator shall have 90 days from the date it determines that the cumulative notice threshold has been reached in which to apply for construction permit(s). The owner or operator shall submit a letter to the department, within five working days of making this determination, establishing the date the owner or operator determined that the cumulative notice threshold had been reached. (8) "Cumulative notice threshold" means the total combined emissions from all substantial small units using the small unit exemption that emit at the facility the following amounts, as documented in the exemption justification document: 1. 0.6 tons per year of lead and lead compounds expressed as lead; 2. 40 tons per year of sulfur dioxide; 3. 40 tons per year of nitrogen oxides; 4. 40 tons per year of volatile organic compounds; 5. 100 tons per year of carbon monoxide; 6. 25 tons per year of particulate matter (particulate matter as defined in 40 CFR 51.100(pp), as amended through November 7, 1986); 7. 15 tons per year of PM10; 8. 10 tons per year of PM2.5 (does not apply to equipment for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013); or 9. 10 tons per year of any hazardous air pollutant or 25 tons per year of any combination of hazardous air pollutants. x. The following equipment, processes, and activities: (1) Cafeterias, kitchens, and other facilities used for preparing food or beverages primarily for consumption at the source. (2) Consumer use of office equipment and products, not including printers or businesses primarily involved in photographic reproduction. (3) Janitorial services and consumer use of janitorial products. (4) Internal combustion engines used for lawn care, landscaping, and groundskeeping purposes. (5) Laundry activities located at a stationary source that uses washers and dryers to clean, with water solutions of bleach or detergents, or to dry clothing, bedding, and other fabric items used on site. This exemption does not include laundry activities that use dry cleaning equipment or steam boilers. (6) Bathroom vent emissions, including toilet vent emissions. (7) Blacksmith forges. (8) Plant maintenance and upkeep activities and repair or maintenance shop activities (e.g., groundskeeping, general repairs, cleaning, painting, welding, plumbing, retarring roofs, installing insulation, and paving parking lots), provided that these activities are not conducted as part of manufacturing process, are not related to the source's primary business activity, and do not otherwise trigger a permit modification. Cleaning and painting activities qualify if they are not subject to control requirements for volatile organic compounds or hazardous air pollutants as defined in 567-24.100(455B). (9) Air compressors and vacuum pumps, including hand tools. (10) Batteries and battery charging stations, except at battery manufacturing plants. (11) Equipment used to store, mix, pump, handle or package soaps, detergents, surfactants, waxes, glycerin, vegetable oils, greases, animal fats, sweetener, corn syrup, and aqueous salt or caustic solutions, provided that appropriate lids and covers are utilized and that no organic solvent has been mixed with such materials. (12) Equipment used exclusively to slaughter animals, but not including other equipment at slaughterhouses, such as rendering cookers, boilers, heating plants, incinerators, and electrical power generating equipment. (13) Vents from continuous emissions monitors and other analyzers. (14) Natural gas pressure regulator vents, excluding venting at oil and gas production facilities. (15) Equipment used by surface coating operations that apply the coating by brush, roller, or dipping, except equipment that emits volatile organic compounds or hazardous air pollutants as defined in 567-24.100(455B). (16) Hydraulic and hydrostatic testing equipment. (17) Environmental chambers not using gases that are hazardous air pollutants as defined in 567-24.100(455B). (18) Shock chambers, humidity chambers, and solar simulators. (19) Fugitive dust emissions related to movement of passenger vehicles on unpaved road surfaces, provided that the emissions are not counted for applicability purposes and that any fugitive dust control plan or its equivalent is submitted as required by the department. (20) Process water filtration systems and demineralizers, demineralized water tanks, and demineralizer vents. (21) Boiler water treatment operations, not including cooling towers or lime silos. (22) Oxygen scavenging (deaeration) of water. (23) Fire suppression systems. (24) Emergency road flares. (25) Steam vents, safety relief valves, and steam leaks. (26) Steam sterilizers. (27) Application of hot melt adhesives from closed-pot systems using polyolefin compounds, polyamides, acrylics, ethylene vinyl acetate and urethane material when stored and applied at the manufacturer's recommended temperatures. Equipment used to apply hot melt adhesives shall have a safety device that automatically shuts down the equipment if the hot melt temperature exceeds the manufacturer's recommended application temperature. y. Direct-fired equipment burning natural gas, propane, or liquefied propane with a capacity of less than 10 million Btu per hour input, and direct-fired equipment burning fuel oil with a capacity of less than 1 million Btu per hour input, with emissions that are attributable only to the products of combustion. Emissions other than those attributable to the products of combustion shall be accounted for in an enforceable permit condition or shall otherwise be exempt under this subrule. z. Closed refrigeration systems, including storage tanks used in refrigeration systems but excluding any combustion equipment associated with such systems. aa. Pretreatment application processes that use aqueous-based chemistries designed to clean a substrate, provided that the chemical concentrate contains no more than 5 percent organic solvents by weight. This exemption includes pretreatment processes that use aqueous-based cleaners, cleaner-phosphatizers, and phosphate conversion coating chemistries. bb. Indoor-vented powder coating operations with filters or powder recovery systems. cc. Electric curing ovens or curing ovens that run on natural gas or propane with a maximum heat input of less than 10 million Btu per hour and that are used for powder coating operations, provided that the total cured powder usage is less than 75 tons of powder per year at the stationary source. Records shall be maintained on site by the owner or operator for a period of at least two calendar years to demonstrate that cured powder usage is less than the exemption threshold. dd. Each production painting, adhesive or coating unit using an application method other than a spray system and associated cleaning operations that use 1,000 gallons or less of coating and solvents annually, unless the production painting, adhesive or coating unit and associated cleaning operations are subject to work practice, process limits, emissions limits, stack testing, recordkeeping or reporting requirements under 567-subrule 23.1(2), 23.1(3) or 23.1(4). Records shall be maintained on site by the owner or operator for a period of at least two calendar years to demonstrate that paint, adhesive, or solvent usage is at or below the exemption threshold. ee. Any production surface coating activity that uses only nonrefillable handheld aerosol cans, where the total volatile organic compound emissions from all these activities at a stationary source do not exceed 5.0 tons per year. ff. Production welding. (1) Consumable electrode. 1. Welding operations for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013, using a consumable electrode, provided that the consumable electrode used falls within American Welding Society specification A5.18/A5.18M for Gas Metal Arc Welding (GMAW), A5.1 or A5.5 for Shielded Metal Arc Welding (SMAW), and A5.20 for Flux Core Arc Welding (FCAW), and provided that the quantity of all electrodes used at the stationary source of the acceptable specifications is below 200,000 pounds per year for GMAW and 28,000 pounds per year for SMAW or FCAW. Records that identify the type and annual amount of welding electrode used shall be maintained on site by the owner or operator for a period of at least two calendar years. For stationary sources where electrode usage exceeds these levels, the welding activity at the stationary source may be exempted if the amount of electrode used (Y) is less than: Y = the greater of 1380x - 19,200 or 200,000 for GMAW, or Y = the greater of 187x - 2,600 or 28,000 for SMAW or FCAW Where "x" is the minimum distance to the property line in feet and "Y" is the annual electrode usage in pounds per year. If the stationary source has welding processes that fit into both of the specified exemptions, the most stringent limits must be applied. 2. Welding operations for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred after October 23, 2013, using a consumable electrode, provided that the consumable electrode used falls within American Welding Society specification A5.18/A5.18M for Gas Metal Arc Welding (GMAW), A5.1 or A5.5 for Shielded Metal Arc Welding (SMAW), and A5.20 for Flux Core Arc Welding (FCAW), and provided that the quantity of all electrodes used at the stationary source of the acceptable specifications is below 12,500 pounds per year for GMAW and 1,600 pounds per year for SMAW or FCAW. Records that identify the type and annual amount of welding electrode used shall be maintained on site by the owner or operator for a period of at least two calendar years. For stationary sources where electrode usage exceeds these levels, the welding activity at the stationary source may be exempted if the amount of electrode used (Y) is less than: Y = the greater of 84x - 1,200 or 12,500 for GMAW, or Y = the greater of 11x - 160 or 1,600 for SMAW or FCAW Where "x" is the minimum distance to the property line in feet and "Y" is the annual electrode usage in pounds per year. If the stationary source has welding processes that fit into both of the specified exemptions, the most stringent limits must be applied. (2) Resistance welding, submerged arc welding, or arc welding that does not use a consumable electrode, provided that the base metals do not include stainless steel, alloys of lead, alloys of arsenic, or alloys of beryllium and provided that the base metals are uncoated, excluding manufacturing process lubricants. gg. Electric hand soldering, wave soldering, and electric solder paste reflow ovens for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013. Electric hand soldering, wave soldering, and electric solder paste reflow ovens for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-2.1(455B)) occurred after October 23, 2013, shall be limited to 37,000 pounds or less per year of lead-containing solder. Records shall be maintained on site by the owner or operator for at least two calendar years to demonstrate that use of lead-containing solder is less than the exemption thresholds. hh. Pressurized piping and storage systems for natural gas, propane, liquefied petroleum gas (LPG), and refrigerants, where emissions could only result from an upset condition. ii. Emissions from the storage and mixing of paints and solvents associated with the painting operations, provided that the emissions from the storage and mixing are accounted for in an enforceable permit condition or are otherwise exempt. jj. Product labeling using laser and ink-jet printers with target distances less than or equal to six inches and an annual material throughput of less than 1,000 gallons per year as calculated on a stationary sourcewide basis. kk. Equipment related to research and development activities at a stationary source, provided that: (1) Actual emissions from all research and development activities at the stationary source based on a 12-month rolling total are less than the following levels: 1. 2 pounds per year of lead and lead compounds expressed as lead (40 pounds per year for research and development activities that commenced on or before October 23, 2013); 2. 5 tons per year of sulfur dioxide; 3. 5 tons per year of nitrogen oxides; 4. 5 tons per year of volatile organic compounds; 5. 5 tons per year of carbon monoxide; 6. 5 tons per year of particulate matter (particulate matter as defined in 40 CFR 51.100(pp) as amended through November 7, 1986); 7. 2.5 tons per year of PM10; 8. 0.52 tons per year of PM2.5 (does not apply to research and development activities that commenced on or before October 23, 2013); and 9. 5 tons per year of hazardous pollutants (as defined in 567-24.100(455B)); and (2) The owner or operator maintains records of actual operations demonstrating that the annual emissions from all research and development activities conducted under this exemption are below the levels listed in 22.1(2)"kk"(1). These records shall: 1. Include a list of equipment that is included under the exemption; 2. Include records of actual operation and detailed calculations of actual annual emissions, reflecting the use of any control equipment and demonstrating that the emissions are below the levels specified in the exemption; 3. Include, if air pollution equipment is used in the calculation of emissions, a copy of any report of manufacturer's testing, if available. The department may require a test if it believes that a test is necessary for the exemption claim; and 4. Be maintained on site for a minimum of two years, be made available for review during normal business hours and for state and EPA on-site inspections, and be provided to the director or the director's designee upon request. Facilities designated as major sources pursuant to 567-22.4 (455B) and 567-24.101(455B), or subject to any applicable federal requirements, shall retain all records demonstrating compliance with this exemption for five years. (3) An owner or operator using this exemption obtains a construction permit or ceases operation of equipment if operation of the equipment would cause the emission levels listed in this exemption to be exceeded. For the purposes of this exemption, "research and development activities" shall be defined as activities: 1. That are operated under the close supervision of technically trained personnel; 2. That are conducted for the primary purpose of theoretical research or research and development into new or improved processes and products; 3. That do not manufacture more than de minimus amounts of commercial products; and 4. That do not contribute to the manufacture of commercial products by collocated sources in more than a de minimus manner. ll. A regional collection center (RCC), as defined in 567-Chapter 211, involved in the processing of permitted hazardous materials from households and conditionally exempt small quantity generators (CESQG), not to exceed 1,200,000 pounds of VOC-containing material in a 12-month rolling period. Latex paint drying may not exceed 120,000 pounds per year on a 12-month rolling total. Other nonprocessing emission units (e.g., standby generators and waste oil heaters) shall not be eligible to use this exemption. mm. Cold solvent cleaning machines that are not in-line cleaning machines, where the maximum vapor pressure of the solvents used shall not exceed 0.7 kPa (5 mmHg or 0.1 psi) at 20°C (68°F). The machine must be equipped with a tightly fitted cover or lid that shall be closed at all times except during parts entry and removal. This exemption cannot be used for cold solvent cleaning machines that use solvent containing methylene chloride (CAS # 75-09-2), perchloroethylene (CAS # 127-18-4), trichloroethylene (CAS # 79-01-6), 1,1,1-trichloroethane (CAS # 71-55-6), carbon tetrachloride (CAS # 56-23-5) or chloroform (CAS # 67-66-3), or any combination of these halogenated HAP solvents in a total concentration greater than 5 percent by weight. nn. Emissions from mobile over-the-road trucks, and mobile agricultural and construction internal combustion engines that are operated only for repair or maintenance purposes at equipment repair shops or equipment dealerships, and only when the repair shops or equipment dealerships are not major sources as defined in 567-24.100(455B). oo. A nonroad diesel fueled engine, as "nonroad engine" is defined in 40 CFR Section 1068.30 as amended through January 24, 2023, with a brake horsepower rating of less than 1,100 at full load measured at the shaft, used to conduct periodic testing and maintenance on natural gas pipelines. For the purposes of this exemption, the manufacturer's nameplate rating shall be defined as the brake horsepower output at the shaft at full load. (1) To qualify for the exemption, the engine must:1. Be used for periodic testing and maintenance on natural gas pipelines outside the compressor station, which shall not exceed 330 hours in any 12-month consecutive period at a single location; or 2. Be used for periodic testing and maintenance on natural gas pipelines within the compressor station, which shall not exceed 330 hours in any 12-month consecutive period. (2) The owner or operator shall maintain a monthly record of the number of hours the engine operated and a record of the rolling 12-month total of the number of hours the engine operated for each location outside the compressor station and within the compressor station. These records shall be maintained for two years. Records shall be made available to the department upon request. (3) This exemption shall not apply to the replacement or substitution of engines for backup power generation at a pipeline compressor station. (3) Construction permits. The owner or operator of a new or modified stationary source shall apply for a construction permit. Construction permit applications, including the information referenced above and in 567-22.1 (455B) through 567-22.10 (455B), shall be submitted in the electronic format specified by the department, if electronic submittal is provided. The owner or operator of any new or modified industrial anaerobic lagoon shall apply for a construction permit as specified in this subrule and as provided in 567-Chapter 22. The owner or operator of a new or modified anaerobic lagoon for an animal feeding operation shall apply for a construction permit as provided in 567-Chapter 65. a. Regulatory applicability determinations. If requested in writing, the director will review the design concepts of equipment and associated control equipment prior to application for a construction permit. The purpose of the review would be to determine the acceptability of the location of the equipment. If the review is requested, the requester shall supply the following information and submit a fee as required in 567-Chapter 30:(1) Preliminary plans and specifications of equipment and related control equipment. (2) The exact site location and a plot plan of the immediate area, including the distance to and height of nearby buildings and the estimated location and elevation of the emission points. (3) The estimated emission rates of any air contaminants that are to be considered. (4) The estimated exhaust gas temperature, velocity at the point of discharge, and stack diameter at the point of discharge. (5) An estimate of when construction would begin and when construction would be completed. b. Construction permit applications. Each application for a construction permit shall be submitted to the department. Final plans and specifications for the proposed equipment or related control equipment shall be submitted with the application for a permit and shall be prepared by or under the direct supervision of a professional engineer licensed in the state of Iowa in conformance with Iowa Code section 542B.1, or consistent with the provisions of Iowa Code section 542B.26 for any full-time employee of any corporation while the employee is doing work for that corporation. The application for a permit to construct shall include the following information: (1) A description of the equipment or control equipment covered by the application; (2) A scaled plot plan, including the distance and height of nearby buildings, and the location and elevation of existing and proposed emission points; (3) The composition of the effluent stream, both before and after any control equipment with estimates of emission rates, concentration, volume and temperature; (4) The physical and chemical characteristics of the air contaminants; (5) The proposed dates and description of any tests to be made by the owner or operator of the completed installation to verify compliance with applicable emission limits or standards of performance; (6) Information pertaining to sampling port locations, scaffolding, power sources for operation of appropriate sampling instruments, and pertinent allied facilities for making tests to ascertain compliance; (7) Any additional information deemed necessary by the department to determine compliance with or applicability of 567-22.4 (455B), 567-22.5 (455B), 567-31.3 (455B) and 567-33.3(455B); (8) Reserved. (9) A signed statement that ensures the applicant's legal entitlement to install and operate equipment covered by the permit application on the property identified in the permit application. A signed statement shall not be required for rock crushers, portable concrete or asphalt equipment used in conjunction with specific identified construction projects that are intended to be located at a site only for the duration of the specific, identified construction project; and (10) Application fee. 1. The owner or operator shall submit a fee as required in 567-Chapter 30 to obtain a permit under 22.1(1), 567-22.4 (455B), 567-22.5(455B), 567-22.8 (455B), 567-22.10 (455B), 567-Chapter 31 or 567-Chapter 33; 2. For application submittals from a minor source as defined in 567-Chapter 30, the department shall not initiate review and processing of a permit application submittal until all required application fees have been paid to the department; and (11) Quantity of greenhouse gas emissions for all applications for projects that will or do have greenhouse gas emissions. For all applications for projects that will not or do not have greenhouse gas emissions, the applicant shall indicate in the application that no greenhouse gases will be emitted and the applicant will not be required to file an inventory of greenhouse gases with that application, unless requested by the department. c. Application requirements for anaerobic lagoons. The application for a permit to construct an anaerobic lagoon shall include the following information: (1) The source of the water being discharged to the lagoon; (2) A plot plan, including distances to nearby residences or occupied buildings, local land use zoning maps of the vicinity, and a general description of the topography in the vicinity of the lagoon; (3) In the case of an animal feeding operation, the information required in 567-Chapter 65; (4) In the case of an industrial source, a chemical description of the waste being discharged to the lagoon; (5) A report of sulfate analyses conducted on the water to be used for any purpose in a livestock operation proposing to use an anaerobic lagoon. The report shall be prepared by using standard methods as defined in 567-60.2 (455B); (6) A description of available water supplies to prove that adequate water is available for dilution; (7) In the case of an animal feeding operation, a waste management plan describing the method of waste collection and disposal and the land to be used for disposal. Evidence that the waste disposal equipment is of sufficient size to dispose of the wastes within a 20-day period per year shall also be provided; (8) Any additional information needed by the department to determine compliance with these rules." scope="agency:567:title:II">exemptions in this subrule do not relieve the
owner or operator of any source from any obligation to comply with any other
applicable requirements.
a.
Fuel-burning equipment for indirect heating and reheating furnaces or cooling
units using natural gas or liquefied petroleum gas with a capacity of less than
10 million Btu per hour input per combustion unit.
b. Fuel-burning
equipment for indirect
heating or indirect cooling with a capacity of less than 1 million Btu per hour
input per combustion unit when burning
untreated wood,
untreated seeds or
pellets, other
untreated vegetative materials, or fuel oil, provided that
the
equipment and the fuel meet the conditions specified in this paragraph. Used
oils meeting the specification from
40
CFR Section
279.11 as amended through July 14, 2006, are
acceptable fuels for
this exemption. When combusting used oils,
the equipment
must have a maximum rated capacity of 50,000 Btu or less per hour of heat input
or a maximum throughput of 3,600 gallons or less of used oils per year. When
combusting
untreated wood,
untreated seeds or pellets, or other
untreated
vegetative materials,
the equipment must have a maximum rated capacity of
265,600 Btu or less per hour or a maximum throughput of 378,000 pounds or less
per year of each fuel or any combination of fuels. Records shall be maintained
on site by the owner or operator for at least two calendar years to demonstrate
that fuel usage is less than the exemption thresholds. Owners or operators
initiating construction, installation, reconstruction, or
alteration of
equipment (as defined in
567-22.1 (455B)) on or before
October 23, 2013, burning coal, used oils,
untreated wood,
untreated seeds or
pellets, or other
untreated vegetative materials that qualified for
this
exemption may continue to claim
this exemption after October 23, 2013, without
being restricted to the maximum heat input or throughput specified in this
paragraph.
c. Mobile internal
combustion and jet engines, marine vessels and locomotives.
d. Equipment used for cultivating land,
harvesting crops, or raising livestock other than anaerobic lagoons. This
exemption is not applicable if the equipment is used to remove substances from
grain that were applied to the grain by another person. This exemption is also
not applicable to equipment used by a person to manufacture commercial feed, as
defined in Iowa Code section
198.3, that is normally not fed
to livestock, owned by the person or another person, in a feedlot, as defined
in Iowa Code section 172D.1(6), or a
confinement building owned or operated by that person and located in this
state.
e. Incinerators and
pyrolysis cleaning furnaces with a rated refuse burning capacity of less than
25 pounds per hour for which
initiation of construction, installation,
reconstruction, or
alteration (as defined in
567-22.1 (455B)) occurred on or
before October 23, 2013. Pyrolysis cleaning furnace exemption is limited to
those units that use only natural gas or propane. Salt bath units are not
included in
this exemption. Incinerators or pyrolysis cleaning furnaces for
which
initiation of construction, installation, reconstruction, or
alteration
(as defined in 567-21.1(455B)) occurred after October 23, 2013, shall not
qualify for
this exemption. After October 23, 2013, only paint clean-off ovens
with a maximum rated capacity of less than 25 pounds per hour that do not
combust lead-containing materials shall qualify for
this exemption.
f. Fugitive dust controls, unless a control
efficiency can be assigned to the equipment or control equipment.
g. Equipment or
control equipment that
reduces or eliminates all emission to the atmosphere. An owner or operator
electing to use
this exemption shall provide to the department the following
information:
(1) Name and location of the
facility;
(2) Detailed description
of each change being made;
(3) Date
of the beginning of actual construction and date that operation will begin
after the changes are made;
(4)
Detailed emissions estimates showing:
1. The
actual and potential emissions, specifically noting increases or decreases, for
the project for all regulated pollutants (as defined in 567-24.100(455B));
and
2. The accumulated emissions
increases associated with each change when totaled with other net emissions
increases at the facility contemporaneous with the proposed change (occurring
within five years before construction of the particular change
commences).
(5)
Documentation of the basis for all emissions estimates;
(6) Height of the emission point or stack and
height of the highest building within 50 feet;
(7) Statement that the provisions of
567-Chapters 31 and 33 do not apply; and
(8) Written statement containing
certification by a
responsible official as defined in 567-24.100(455B) of
truth, accuracy, and completeness that:
1.
Accumulated emissions with other contemporaneous net increases have not
exceeded significant levels, as defined in
40
CFR
52.21(b)(23), and adopted in
567-33.3(455B);
2. The
changes will
not prevent the attainment or maintenance of the
ambient air quality standards
specified in
567-22.11 (455B);
3. Based on information and belief formed
after reasonable inquiry, the statements and information in the document are
true, accurate, and complete.
The conditions listed below also apply to this
exemption:
* If an owner or operator opts to use this exemption for
equipment or a process not yet constructed or modified, the information shall
be provided to the department at least 30 days in advance of the beginning of
construction on the project.
* If an owner or operator opts to use this exemption for
equipment or a process that has already been constructed or modified and that
does not have a construction permit for that construction or modification, the
owner or operator shall not operate until the information listed above is
provided to the department.
* If a construction permit has been previously issued for the
equipment or control equipment, all other conditions of the construction permit
remain in effect.
* If an owner or operator wishes to obtain credit for
emission reductions, an air quality construction permit must be obtained for
the reduction prior to the time the reduction is made.
h. Equipment
(other than anaerobic lagoons) or control equipment that emits odors, unless
such equipment or control equipment also emits particulate matter or any other
regulated air contaminant (as defined in 567-24.100(455B)).
i. Reserved.
j. Residential heaters, cookstoves, or
fireplaces that burn untreated wood, untreated seeds or pellets, or other
untreated vegetative materials.
k.
Asbestos demolition and renovation projects subject to
40
CFR Section
61.145 as adopted by reference in 567-subrule
23.1(3).
l. The equipment in
laboratories used exclusively for nonproduction chemical and physical analyses.
Nonproduction analyses means analyses incidental to the production of a good or
service and includes analyses conducted for quality assurance or quality
control activities or for the assessment of environmental impact.
m. Storage tanks with a capacity of less than
19,812 gallons and an annual throughput of less than 200,000 gallons.
n. Stack or vents to prevent escape of sewer
gases through plumbing traps. Systems that include any industrial waste are not
exempt.
o. A nonproduction surface
coating process that uses only handheld aerosol spray cans.
p. Brazing, soldering or welding equipment or
portable cutting torches used only for nonproduction activities.
q. Cooling and ventilating equipment: comfort
air conditioning not designed or used to remove air contaminants generated by,
or released from, specific units of equipment.
r. An internal combustion engine with a brake
horsepower rating of less than 400 measured at the shaft, provided that the
owner or operator meets all of the conditions in this paragraph. For the
purposes of
this exemption, the manufacturer's nameplate rated capacity at full
load shall be defined as the brake horsepower output at the shaft. The owner or
operator of an engine that was manufactured, ordered, modified or reconstructed
after March 18, 2009, may use
this exemption only if the owner or operator,
prior to installing, modifying or reconstructing the engine, submits to the
department a completed registration on forms provided by the department (unless
the engine is exempted from registration, as specified in this paragraph or on
the registration form) certifying that the engine is in compliance with the
following federal regulations:
(1) NSPS for
stationary compression ignition internal combustion engines ( 40
CFR Part
60,
Subpart IIII); or
(2) NSPS for
stationary spark ignition internal combustion engines (40
CFR Part
60, Subpart
JJJJ); and
(3) NESHAP for
reciprocating internal combustion engines ( 40
CFR Part
63, Subpart ZZZZ).
Use of this exemption does not relieve an owner or operator
from any obligation to comply with NSPS or NESHAP requirements. An engine that
meets the definition of a nonroad engine as specified in
40 CFR Section
1068.30, as amended through January 24, 2023,
is exempt from the registration requirements of this
paragraph.
s.
Equipment that is not related to the production of goods or services and used
exclusively for academic purposes, located at educational institutions (as
defined in Iowa Code section 455B.161). The equipment covered under this
exemption is limited to lab hoods, art class equipment, wood shop equipment in
classrooms, wood fired pottery kilns, and fuel-burning units with a capacity of
less than 1 million Btu per hour fuel capacity. This exemption does not apply
to incinerators.
t. Any container,
storage tank, or vessel that contains a fluid having a
maximum true vapor
pressure of less than 0.75 psia. "
Maximum true vapor pressure" means the
equilibrium partial pressure of the material considering:
(1) For material stored at ambient
temperature, the maximum monthly average temperature as reported by the
National Weather Service, or
(2)
For material stored above or below the ambient temperature, the temperature
equal to the highest calendar-month average of the material storage
temperature.
u. Equipment
for carving, cutting, routing, turning, drilling, machining, sawing, surface
grinding, sanding, planing, buffing, sandblast cleaning, shot blasting, shot
peening, or polishing ceramic artwork, leather, metals (other than beryllium),
plastics, concrete, rubber, paper stock, and wood or wood products, where such
equipment is either used for nonproduction activities or exhausted inside a
building.
v. Manually operated
equipment, as defined in 567-24.100(455B), used for buffing, polishing,
carving, cutting, drilling, machining, routing, sanding, sawing, scarfing,
surface grinding, or turning.
w.
Small unit exemption.
(1) "
Small unit" means
any
emission unit and associated control (if applicable) that emits less than
the following:
1. 2 pounds per year of lead
and lead compounds expressed as lead (40 pounds per year of lead or lead
compounds for
equipment for which
initiation of construction, installation,
reconstruction, or
alteration (as defined in
567-22.1 (455B)) occurred on or
before October 23, 2013);
2. 5 tons
per year of sulfur dioxide;
3. 5
tons per year of nitrogen oxides;
4. 5 tons per year of volatile organic
compounds;
5. 5 tons per year of
carbon monoxide;
6. 5 tons per year
of
particulate matter (
particulate matter as defined in
40
CFR
51.100(pp), as amended
through November 7, 1986);
7. 2.5
tons per year of PM10;
8. 0.52 tons per year of
PM
2.5 (does not apply to
equipment for which
initiation
of construction, installation, reconstruction, or
alteration (as defined in
567-22.1 (455B)) occurred on or
before October 23, 2013); and
9. 5
tons per year of hazardous air pollutants (as defined in 567-24.100(455B)).
For the purposes of this exemption, "emission unit" means any
part or activity of a stationary source that emits or has the potential to emit
any pollutant subject to regulation under the Act. This exemption applies to
existing and new or modified "small units."
An emission unit that emits hazardous air pollutants (as
defined in 567-24.100(455B)) is not eligible for this exemption if the emission
unit is required to be reviewed for compliance with 567-subrule 23.1(3),
emission standards for hazardous air pollutants ( 40 CFR Part 61, NESHAP), or
567-subrule 23.1(4), emission standards for hazardous air pollutants for source
categories ( 40 CFR Part 63, NESHAP).
An emission unit that emits air pollutants that are not
regulated air pollutants as defined in 567-24.100(455B) shall not be eligible
to use this exemption.
(2) Permit requested. If a construction
permit is requested in writing by the owner or operator of a small unit, the
director may issue a construction permit for the emission point associated with
that emission unit.
(3) An owner or
operator that utilizes the
small unit exemption must maintain on site an
"exemption justification document." The exemption justification document must
document conformance and compliance with the emission rate limits contained in
the definition of "
small unit" for the particular
emission unit or group of
similar emission units obtaining the exemption. Controls that may be part of
the exemption justification document include, but are not limited to, the
following: emission control devices, such as cyclones, filters, or baghouses;
restricted hours of operation or fuel; and raw material or solvent
substitution. The exemption justification document for
an emission unit or
group of similar emission units must be made available for review during normal
business hours and for state or EPA on-site inspections and shall be provided
to the director or the director's representative upon request. If an exemption
justification document does not exist, the applicability of the
small unit
exemption is voided for that particular
emission unit or group of similar
emission units. The controls described in the exemption justification document
establish a limit on the potential emissions. An exemption justification
document shall include the following for each applicable
emission unit or group
of similar emission units:
1. A narrative
description of how the emissions from the emission unit or group of similar
emission units were determined and maintained at or below the annual small unit
exemption levels.
2. If air
pollution control equipment is used, a description of the air pollution control
equipment used on the emission unit or group of similar emission units and a
statement that the emission unit or group of similar emission units will not be
operated without the pollution control equipment operating.
3. If air pollution control equipment is
used, the applicant shall maintain a copy of any report of manufacturer's
testing results of any emissions test, if available. The department may require
a test if it believes that a test is necessary for the exemption
claim.
4. A description of all
production limits required for the emission unit or group of similar emission
units to comply with the exemption levels.
5. Detailed calculations of emissions
reflecting the use of any air pollution control devices or production or
throughput limitations, or both, for applicable emission unit or group of
similar emission units.
6. Records
of actual operation that demonstrate that the annual emissions from the
emission unit or group of similar emission units were maintained below the
exemption levels.
7. Facilities
designated as major sources with respect to
567-22.4 (455B) and
567-24.101(455B), or subject to any applicable federal requirements, shall
retain all records demonstrating compliance with the exemption justification
document for five years. The record retention requirements supersede any
retention conditions of an individual exemption.
8. A certification from the responsible
official that the emission unit or group of similar emission units have
complied with the exemption levels specified in 22.1(2)"w"(1).
(4) Requirement to apply
for a construction permit. An owner or operator of a
small unit will be
required to obtain a construction permit or take the unit out of service if the
emission unit exceeds the
small unit emission levels.
1. If, during an inspection or other
investigation of a facility, the department believes that the emission unit
exceeds the emission levels that define a "small unit," then the department
will submit calculations and detailed information in a letter to the owner or
operator. The owner or operator shall have 60 days to respond with detailed
calculations and information to substantiate a claim that the small unit does
not exceed the emission levels that define a small unit.
2. If the owner or operator is unable to
substantiate a claim to the satisfaction of the department, then the owner or
operator that has been using the small unit exemption must cease operation of
that small unit or apply for a construction permit for that unit within 90 days
after receiving a letter of notice from the department. The emission unit and
control equipment may continue operation during this period and the associated
initial application review period.
3. If the notification of nonqualification as
a small unit is made by the department following the process described above,
the owner or operator will be deemed to have constructed an emission unit
without the required permit and may be subject to applicable
penalties.
(5) Required
notice for construction or modification of a substantial small unit. The owner
or operator shall notify the department in writing at least ten days prior to
commencing construction of any new or modified "substantial small unit" as
defined in 22.1(2)"w"(6). The owner or operator shall notify
the department within 30 days after determining an existing small unit meets
the criteria of the "substantial small unit" as defined in
22.1(2)"w"(6). Notification shall include the name of the
business, the location where the unit will be installed, and information
describing the unit and quantifying its emissions. The owner or operator shall
notify the department within 90 days of the end of the calendar year for which
the aggregate emissions from substantial small units at the facility have
reached any of the cumulative notice thresholds listed below.
(6) For the purposes of this paragraph,
"
substantial small unit" means a
small unit that emits more than the following
amounts, as documented in the exemption justification document:
1. 2 pounds per year of lead and lead
compounds expressed as lead (30 pounds per year of lead or lead compounds for
equipment for which
initiation of construction, installation, reconstruction,
or
alteration (as defined in
567-22.1 (455B)) occurred on or
before October 23, 2013);
2. 3.75
tons per year of sulfur dioxide;
3.
3.75 tons per year of nitrogen oxides;
4. 3.75 tons per year of volatile organic
compounds;
5. 3.75 tons per year of
carbon monoxide;
6. 3.75 tons per
year of
particulate matter (
particulate matter as defined in
40
CFR
51.100(pp), as amended
through November 7, 1986);
7. 1.875
tons per year of PM10;
8. 0.4 tons per year of
PM
2.5 (does not apply to
equipment for which
initiation
of construction, installation, reconstruction, or
alteration (as defined in
567-22.1 (455B)) occurred on or
before October 23, 2013); or
9.
3.75 tons per year of any
hazardous air pollutant or 3.75 tons per year of any
combination of hazardous air pollutants.
An emission unit is a "substantial small unit" only for those
substances for which annual emissions exceed the above-indicated
amounts.
(7)
Required notice that a cumulative notice threshold has been reached. Once a
"cumulative notice threshold," as defined in 22.1(2)"w"(8),
has been reached for any of the listed pollutants, the owner or operator at the
facility must apply for air construction permits for all substantial small
units for which the cumulative notice threshold for the pollutant(s) in
question has been reached. The owner or operator shall have 90 days from the
date it determines that the cumulative notice threshold has been reached in
which to apply for construction permit(s). The owner or operator shall submit a
letter to the department, within five working days of making this
determination, establishing the date the owner or operator determined that the
cumulative notice threshold had been reached.
(8) "
Cumulative notice threshold" means the
total combined emissions from all substantial small units using the
small unit
exemption that emit at the
facility the following amounts, as documented in the
exemption justification document:
1. 0.6 tons
per year of lead and lead compounds expressed as lead;
2. 40 tons per year of sulfur
dioxide;
3. 40 tons per year of
nitrogen oxides;
4. 40 tons per
year of volatile organic compounds;
5. 100 tons per year of carbon
monoxide;
6. 25 tons per year of
particulate matter (
particulate matter as defined in
40
CFR
51.100(pp), as amended
through November 7, 1986);
7. 15
tons per year of PM10;
8. 10 tons per year of
PM
2.5 (does not apply to
equipment for which
initiation
of construction, installation, reconstruction, or
alteration (as defined in
567-22.1 (455B)) occurred on or
before October 23, 2013); or
9. 10
tons per year of any hazardous air pollutant or 25 tons per year of any
combination of hazardous air pollutants.
x. The following
equipment, processes, and
activities:
(1) Cafeterias, kitchens, and
other facilities used for preparing food or beverages primarily for consumption
at the source.
(2) Consumer use of
office equipment and products, not including printers or businesses primarily
involved in photographic reproduction.
(3) Janitorial services and consumer use of
janitorial products.
(4) Internal
combustion engines used for lawn care, landscaping, and groundskeeping
purposes.
(5) Laundry activities
located at a stationary source that uses washers and dryers to clean, with
water solutions of bleach or detergents, or to dry clothing, bedding, and other
fabric items used on site. This exemption does not include laundry activities
that use dry cleaning equipment or steam boilers.
(6) Bathroom vent emissions, including toilet
vent emissions.
(7) Blacksmith
forges.
(8) Plant maintenance and
upkeep activities and repair or maintenance shop activities (e.g.,
groundskeeping, general repairs, cleaning, painting, welding, plumbing,
retarring roofs, installing insulation, and paving parking lots), provided that
these activities are not conducted as part of manufacturing process, are not
related to the source's primary business activity, and do not otherwise trigger
a permit modification. Cleaning and painting activities qualify if they are not
subject to control requirements for volatile organic compounds or hazardous air
pollutants as defined in 567-24.100(455B).
(9) Air compressors and vacuum pumps,
including hand tools.
(10)
Batteries and battery charging stations, except at battery manufacturing
plants.
(11) Equipment used to
store, mix, pump, handle or package soaps, detergents, surfactants, waxes,
glycerin, vegetable oils, greases, animal fats, sweetener, corn syrup, and
aqueous salt or caustic solutions, provided that appropriate lids and covers
are utilized and that no organic solvent has been mixed with such
materials.
(12) Equipment used
exclusively to slaughter animals, but not including other equipment at
slaughterhouses, such as rendering cookers, boilers, heating plants,
incinerators, and electrical power generating equipment.
(13) Vents from continuous emissions monitors
and other analyzers.
(14) Natural
gas pressure regulator vents, excluding venting at oil and gas production
facilities.
(15) Equipment used by
surface coating operations that apply the coating by brush, roller, or dipping,
except equipment that emits volatile organic compounds or hazardous air
pollutants as defined in 567-24.100(455B).
(16) Hydraulic and hydrostatic testing
equipment.
(17) Environmental
chambers not using gases that are hazardous air pollutants as defined in
567-24.100(455B).
(18) Shock
chambers, humidity chambers, and solar simulators.
(19) Fugitive dust emissions related to
movement of passenger vehicles on unpaved road surfaces, provided that the
emissions are not counted for applicability purposes and that any fugitive dust
control plan or its equivalent is submitted as required by the
department.
(20) Process water
filtration systems and demineralizers, demineralized water tanks, and
demineralizer vents.
(21) Boiler
water treatment operations, not including cooling towers or lime
silos.
(22) Oxygen scavenging
(deaeration) of water.
(23) Fire
suppression systems.
(24) Emergency
road flares.
(25) Steam vents,
safety relief valves, and steam leaks.
(26) Steam sterilizers.
(27) Application of hot melt adhesives from
closed-pot systems using polyolefin compounds, polyamides, acrylics, ethylene
vinyl acetate and urethane material when stored and applied at the
manufacturer's recommended temperatures. Equipment used to apply hot melt
adhesives shall have a safety device that automatically shuts down the
equipment if the hot melt temperature exceeds the manufacturer's recommended
application temperature.
y. Direct-fired equipment burning natural
gas, propane, or liquefied propane with a capacity of less than 10 million Btu
per hour input, and direct-fired equipment burning fuel oil with a capacity of
less than 1 million Btu per hour input, with emissions that are attributable
only to the products of combustion. Emissions other than those attributable to
the products of combustion shall be accounted for in an enforceable permit
condition or shall otherwise be exempt under this subrule.
z. Closed refrigeration systems, including
storage tanks used in refrigeration systems but excluding any combustion
equipment associated with such systems.
aa. Pretreatment application processes that
use aqueous-based chemistries designed to clean a substrate, provided that the
chemical concentrate contains no more than 5 percent organic solvents by
weight. This exemption includes pretreatment processes that use aqueous-based
cleaners, cleaner-phosphatizers, and phosphate conversion coating
chemistries.
bb. Indoor-vented
powder coating operations with filters or powder recovery systems.
cc. Electric curing ovens or curing ovens
that run on natural gas or propane with a maximum heat input of less than 10
million Btu per hour and that are used for powder coating operations, provided
that the total cured powder usage is less than 75 tons of powder per year at
the stationary source. Records shall be maintained on site by the owner or
operator for a period of at least two calendar years to demonstrate that cured
powder usage is less than the exemption threshold.
dd. Each production painting, adhesive or
coating unit using an application method other than a spray system and
associated cleaning operations that use 1,000 gallons or less of coating and
solvents annually, unless the production painting, adhesive or coating unit and
associated cleaning operations are subject to work practice, process limits,
emissions limits, stack testing, recordkeeping or reporting requirements under
567-subrule 23.1(2), 23.1(3) or 23.1(4). Records shall be maintained on site by
the owner or operator for a period of at least two calendar years to
demonstrate that paint, adhesive, or solvent usage is at or below the exemption
threshold.
ee. Any production
surface coating activity that uses only nonrefillable handheld aerosol cans,
where the total volatile organic compound emissions from all these activities
at a stationary source do not exceed 5.0 tons per year.
ff. Production welding.
(1) Consumable electrode.
1. Welding operations for which
initiation of
construction, installation, reconstruction, or
alteration (as defined in
567-22.1 (455B)) occurred on or
before October 23, 2013, using a consumable electrode, provided that the
consumable electrode used falls within American Welding Society specification
A5.18/A5.18M for Gas Metal Arc Welding (GMAW), A5.1 or A5.5 for Shielded Metal
Arc Welding (SMAW), and A5.20 for Flux Core Arc Welding (FCAW), and provided
that the quantity of all electrodes used at the
stationary source of the
acceptable specifications is below 200,000 pounds per year for GMAW and 28,000
pounds per year for SMAW or FCAW. Records that identify the type and annual
amount of welding electrode used shall be maintained on site by the owner or
operator for a period of at least two calendar years. For stationary sources
where electrode usage exceeds these levels, the welding activity at the
stationary source may be exempted if the amount of electrode used (Y) is less
than:
Y = the greater of 1380x - 19,200 or 200,000 for GMAW,
or
Y = the greater of 187x - 2,600 or 28,000 for SMAW or
FCAW
Where "x" is the minimum distance to the property line in
feet and "Y" is the annual electrode usage in pounds per year.
If the stationary source has welding processes that fit into
both of the specified 1 million Btu per hour input), * 22.1(2)"b," * 22.1(2)"e," * 22.1(2)"r," or * 22.1(2)"s." Records kept on site shall contain the following information: * The specific exemption claimed; and * A description of the associated equipment. The permitting exemptions in this subrule do not relieve the owner or operator of any source from any obligation to comply with any other applicable requirements. a. Fuel-burning equipment for indirect heating and reheating furnaces or cooling units using natural gas or liquefied petroleum gas with a capacity of less than 10 million Btu per hour input per combustion unit. b. Fuel-burning equipment for indirect heating or indirect cooling with a capacity of less than 1 million Btu per hour input per combustion unit when burning untreated wood, untreated seeds or pellets, other untreated vegetative materials, or fuel oil, provided that the equipment and the fuel meet the conditions specified in this paragraph. Used oils meeting the specification from 40 CFR Section 279.11 as amended through July 14, 2006, are acceptable fuels for this exemption. When combusting used oils, the equipment must have a maximum rated capacity of 50,000 Btu or less per hour of heat input or a maximum throughput of 3,600 gallons or less of used oils per year. When combusting untreated wood, untreated seeds or pellets, or other untreated vegetative materials, the equipment must have a maximum rated capacity of 265,600 Btu or less per hour or a maximum throughput of 378,000 pounds or less per year of each fuel or any combination of fuels. Records shall be maintained on site by the owner or operator for at least two calendar years to demonstrate that fuel usage is less than the exemption thresholds. Owners or operators initiating construction, installation, reconstruction, or alteration of equipment (as defined in 567-22.1 (455B)) on or before October 23, 2013, burning coal, used oils, untreated wood, untreated seeds or pellets, or other untreated vegetative materials that qualified for this exemption may continue to claim this exemption after October 23, 2013, without being restricted to the maximum heat input or throughput specified in this paragraph. c. Mobile internal combustion and jet engines, marine vessels and locomotives. d. Equipment used for cultivating land, harvesting crops, or raising livestock other than anaerobic lagoons. This exemption is not applicable if the equipment is used to remove substances from grain that were applied to the grain by another person. This exemption is also not applicable to equipment used by a person to manufacture commercial feed, as defined in Iowa Code section 198.3, that is normally not fed to livestock, owned by the person or another person, in a feedlot, as defined in Iowa Code section 172D.1(6), or a confinement building owned or operated by that person and located in this state. e. Incinerators and pyrolysis cleaning furnaces with a rated refuse burning capacity of less than 25 pounds per hour for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013. Pyrolysis cleaning furnace exemption is limited to those units that use only natural gas or propane. Salt bath units are not included in this exemption. Incinerators or pyrolysis cleaning furnaces for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-21.1(455B)) occurred after October 23, 2013, shall not qualify for this exemption. After October 23, 2013, only paint clean-off ovens with a maximum rated capacity of less than 25 pounds per hour that do not combust lead-containing materials shall qualify for this exemption. f. Fugitive dust controls, unless a control efficiency can be assigned to the equipment or control equipment. g. Equipment or control equipment that reduces or eliminates all emission to the atmosphere. An owner or operator electing to use this exemption shall provide to the department the following information: (1) Name and location of the facility; (2) Detailed description of each change being made; (3) Date of the beginning of actual construction and date that operation will begin after the changes are made; (4) Detailed emissions estimates showing:1. The actual and potential emissions, specifically noting increases or decreases, for the project for all regulated pollutants (as defined in 567-24.100(455B)); and 2. The accumulated emissions increases associated with each change when totaled with other net emissions increases at the facility contemporaneous with the proposed change (occurring within five years before construction of the particular change commences). (5) Documentation of the basis for all emissions estimates; (6) Height of the emission point or stack and height of the highest building within 50 feet; (7) Statement that the provisions of 567-Chapters 31 and 33 do not apply; and (8) Written statement containing certification by a responsible official as defined in 567-24.100(455B) of truth, accuracy, and completeness that:1. Accumulated emissions with other contemporaneous net increases have not exceeded significant levels, as defined in 40 CFR 52.21(b)(23), and adopted in 567-33.3(455B); 2. The changes will not prevent the attainment or maintenance of the ambient air quality standards specified in 567-22.11 (455B); 3. Based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete. The conditions listed below also apply to this exemption: * If an owner or operator opts to use this exemption for equipment or a process not yet constructed or modified, the information shall be provided to the department at least 30 days in advance of the beginning of construction on the project. * If an owner or operator opts to use this exemption for equipment or a process that has already been constructed or modified and that does not have a construction permit for that construction or modification, the owner or operator shall not operate until the information listed above is provided to the department. * If a construction permit has been previously issued for the equipment or control equipment, all other conditions of the construction permit remain in effect. * If an owner or operator wishes to obtain credit for emission reductions, an air quality construction permit must be obtained for the reduction prior to the time the reduction is made. h. Equipment (other than anaerobic lagoons) or control equipment that emits odors, unless such equipment or control equipment also emits particulate matter or any other regulated air contaminant (as defined in 567-24.100(455B)). i. Reserved. j. Residential heaters, cookstoves, or fireplaces that burn untreated wood, untreated seeds or pellets, or other untreated vegetative materials. k. Asbestos demolition and renovation projects subject to 40 CFR Section 61.145 as adopted by reference in 567-subrule 23.1(3). l. The equipment in laboratories used exclusively for nonproduction chemical and physical analyses. Nonproduction analyses means analyses incidental to the production of a good or service and includes analyses conducted for quality assurance or quality control activities or for the assessment of environmental impact. m. Storage tanks with a capacity of less than 19,812 gallons and an annual throughput of less than 200,000 gallons. n. Stack or vents to prevent escape of sewer gases through plumbing traps. Systems that include any industrial waste are not exempt. o. A nonproduction surface coating process that uses only handheld aerosol spray cans. p. Brazing, soldering or welding equipment or portable cutting torches used only for nonproduction activities. q. Cooling and ventilating equipment: comfort air conditioning not designed or used to remove air contaminants generated by, or released from, specific units of equipment. r. An internal combustion engine with a brake horsepower rating of less than 400 measured at the shaft, provided that the owner or operator meets all of the conditions in this paragraph. For the purposes of this exemption, the manufacturer's nameplate rated capacity at full load shall be defined as the brake horsepower output at the shaft. The owner or operator of an engine that was manufactured, ordered, modified or reconstructed after March 18, 2009, may use this exemption only if the owner or operator, prior to installing, modifying or reconstructing the engine, submits to the department a completed registration on forms provided by the department (unless the engine is exempted from registration, as specified in this paragraph or on the registration form) certifying that the engine is in compliance with the following federal regulations:(1) NSPS for stationary compression ignition internal combustion engines ( 40 CFR Part 60, Subpart IIII); or (2) NSPS for stationary spark ignition internal combustion engines (40 CFR Part 60, Subpart JJJJ); and (3) NESHAP for reciprocating internal combustion engines ( 40 CFR Part 63, Subpart ZZZZ). Use of this exemption does not relieve an owner or operator from any obligation to comply with NSPS or NESHAP requirements. An engine that meets the definition of a nonroad engine as specified in 40 CFR Section 1068.30, as amended through January 24, 2023, is exempt from the registration requirements of this paragraph. s. Equipment that is not related to the production of goods or services and used exclusively for academic purposes, located at educational institutions (as defined in Iowa Code section 455B.161). The equipment covered under this exemption is limited to lab hoods, art class equipment, wood shop equipment in classrooms, wood fired pottery kilns, and fuel-burning units with a capacity of less than 1 million Btu per hour fuel capacity. This exemption does not apply to incinerators. t. Any container, storage tank, or vessel that contains a fluid having a maximum true vapor pressure of less than 0.75 psia. "Maximum true vapor pressure" means the equilibrium partial pressure of the material considering: (1) For material stored at ambient temperature, the maximum monthly average temperature as reported by the National Weather Service, or (2) For material stored above or below the ambient temperature, the temperature equal to the highest calendar-month average of the material storage temperature. u. Equipment for carving, cutting, routing, turning, drilling, machining, sawing, surface grinding, sanding, planing, buffing, sandblast cleaning, shot blasting, shot peening, or polishing ceramic artwork, leather, metals (other than beryllium), plastics, concrete, rubber, paper stock, and wood or wood products, where such equipment is either used for nonproduction activities or exhausted inside a building. v. Manually operated equipment, as defined in 567-24.100(455B), used for buffing, polishing, carving, cutting, drilling, machining, routing, sanding, sawing, scarfing, surface grinding, or turning. w. Small unit exemption. (1) "Small unit" means any emission unit and associated control (if applicable) that emits less than the following: 1. 2 pounds per year of lead and lead compounds expressed as lead (40 pounds per year of lead or lead compounds for equipment for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013); 2. 5 tons per year of sulfur dioxide; 3. 5 tons per year of nitrogen oxides; 4. 5 tons per year of volatile organic compounds; 5. 5 tons per year of carbon monoxide; 6. 5 tons per year of particulate matter (particulate matter as defined in 40 CFR 51.100(pp), as amended through November 7, 1986); 7. 2.5 tons per year of PM10; 8. 0.52 tons per year of PM2.5 (does not apply to equipment for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013); and 9. 5 tons per year of hazardous air pollutants (as defined in 567-24.100(455B)). For the purposes of this exemption, "emission unit" means any part or activity of a stationary source that emits or has the potential to emit any pollutant subject to regulation under the Act. This exemption applies to existing and new or modified "small units." An emission unit that emits hazardous air pollutants (as defined in 567-24.100(455B)) is not eligible for this exemption if the emission unit is required to be reviewed for compliance with 567-subrule 23.1(3), emission standards for hazardous air pollutants ( 40 CFR Part 61, NESHAP), or 567-subrule 23.1(4), emission standards for hazardous air pollutants for source categories ( 40 CFR Part 63, NESHAP). An emission unit that emits air pollutants that are not regulated air pollutants as defined in 567-24.100(455B) shall not be eligible to use this exemption. (2) Permit requested. If a construction permit is requested in writing by the owner or operator of a small unit, the director may issue a construction permit for the emission point associated with that emission unit. (3) An owner or operator that utilizes the small unit exemption must maintain on site an "exemption justification document." The exemption justification document must document conformance and compliance with the emission rate limits contained in the definition of "small unit" for the particular emission unit or group of similar emission units obtaining the exemption. Controls that may be part of the exemption justification document include, but are not limited to, the following: emission control devices, such as cyclones, filters, or baghouses; restricted hours of operation or fuel; and raw material or solvent substitution. The exemption justification document for an emission unit or group of similar emission units must be made available for review during normal business hours and for state or EPA on-site inspections and shall be provided to the director or the director's representative upon request. If an exemption justification document does not exist, the applicability of the small unit exemption is voided for that particular emission unit or group of similar emission units. The controls described in the exemption justification document establish a limit on the potential emissions. An exemption justification document shall include the following for each applicable emission unit or group of similar emission units: 1. A narrative description of how the emissions from the emission unit or group of similar emission units were determined and maintained at or below the annual small unit exemption levels. 2. If air pollution control equipment is used, a description of the air pollution control equipment used on the emission unit or group of similar emission units and a statement that the emission unit or group of similar emission units will not be operated without the pollution control equipment operating. 3. If air pollution control equipment is used, the applicant shall maintain a copy of any report of manufacturer's testing results of any emissions test, if available. The department may require a test if it believes that a test is necessary for the exemption claim. 4. A description of all production limits required for the emission unit or group of similar emission units to comply with the exemption levels. 5. Detailed calculations of emissions reflecting the use of any air pollution control devices or production or throughput limitations, or both, for applicable emission unit or group of similar emission units. 6. Records of actual operation that demonstrate that the annual emissions from the emission unit or group of similar emission units were maintained below the exemption levels. 7. Facilities designated as major sources with respect to 567-22.4 (455B) and 567-24.101(455B), or subject to any applicable federal requirements, shall retain all records demonstrating compliance with the exemption justification document for five years. The record retention requirements supersede any retention conditions of an individual exemption. 8. A certification from the responsible official that the emission unit or group of similar emission units have complied with the exemption levels specified in 22.1(2)"w"(1). (4) Requirement to apply for a construction permit. An owner or operator of a small unit will be required to obtain a construction permit or take the unit out of service if the emission unit exceeds the small unit emission levels. 1. If, during an inspection or other investigation of a facility, the department believes that the emission unit exceeds the emission levels that define a "small unit," then the department will submit calculations and detailed information in a letter to the owner or operator. The owner or operator shall have 60 days to respond with detailed calculations and information to substantiate a claim that the small unit does not exceed the emission levels that define a small unit. 2. If the owner or operator is unable to substantiate a claim to the satisfaction of the department, then the owner or operator that has been using the small unit exemption must cease operation of that small unit or apply for a construction permit for that unit within 90 days after receiving a letter of notice from the department. The emission unit and control equipment may continue operation during this period and the associated initial application review period. 3. If the notification of nonqualification as a small unit is made by the department following the process described above, the owner or operator will be deemed to have constructed an emission unit without the required permit and may be subject to applicable penalties. (5) Required notice for construction or modification of a substantial small unit. The owner or operator shall notify the department in writing at least ten days prior to commencing construction of any new or modified "substantial small unit" as defined in 22.1(2)"w"(6). The owner or operator shall notify the department within 30 days after determining an existing small unit meets the criteria of the "substantial small unit" as defined in 22.1(2)"w"(6). Notification shall include the name of the business, the location where the unit will be installed, and information describing the unit and quantifying its emissions. The owner or operator shall notify the department within 90 days of the end of the calendar year for which the aggregate emissions from substantial small units at the facility have reached any of the cumulative notice thresholds listed below. (6) For the purposes of this paragraph, "substantial small unit" means a small unit that emits more than the following amounts, as documented in the exemption justification document: 1. 2 pounds per year of lead and lead compounds expressed as lead (30 pounds per year of lead or lead compounds for equipment for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013); 2. 3.75 tons per year of sulfur dioxide; 3. 3.75 tons per year of nitrogen oxides; 4. 3.75 tons per year of volatile organic compounds; 5. 3.75 tons per year of carbon monoxide; 6. 3.75 tons per year of particulate matter (particulate matter as defined in 40 CFR 51.100(pp), as amended through November 7, 1986); 7. 1.875 tons per year of PM10; 8. 0.4 tons per year of PM2.5 (does not apply to equipment for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013); or 9. 3.75 tons per year of any hazardous air pollutant or 3.75 tons per year of any combination of hazardous air pollutants. An emission unit is a "substantial small unit" only for those substances for which annual emissions exceed the above-indicated amounts.(7) Required notice that a cumulative notice threshold has been reached. Once a "cumulative notice threshold," as defined in 22.1(2)"w"(8), has been reached for any of the listed pollutants, the owner or operator at the facility must apply for air construction permits for all substantial small units for which the cumulative notice threshold for the pollutant(s) in question has been reached. The owner or operator shall have 90 days from the date it determines that the cumulative notice threshold has been reached in which to apply for construction permit(s). The owner or operator shall submit a letter to the department, within five working days of making this determination, establishing the date the owner or operator determined that the cumulative notice threshold had been reached. (8) "Cumulative notice threshold" means the total combined emissions from all substantial small units using the small unit exemption that emit at the facility the following amounts, as documented in the exemption justification document: 1. 0.6 tons per year of lead and lead compounds expressed as lead; 2. 40 tons per year of sulfur dioxide; 3. 40 tons per year of nitrogen oxides; 4. 40 tons per year of volatile organic compounds; 5. 100 tons per year of carbon monoxide; 6. 25 tons per year of particulate matter (particulate matter as defined in 40 CFR 51.100(pp), as amended through November 7, 1986); 7. 15 tons per year of PM10; 8. 10 tons per year of PM2.5 (does not apply to equipment for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013); or 9. 10 tons per year of any hazardous air pollutant or 25 tons per year of any combination of hazardous air pollutants. x. The following equipment, processes, and activities: (1) Cafeterias, kitchens, and other facilities used for preparing food or beverages primarily for consumption at the source. (2) Consumer use of office equipment and products, not including printers or businesses primarily involved in photographic reproduction. (3) Janitorial services and consumer use of janitorial products. (4) Internal combustion engines used for lawn care, landscaping, and groundskeeping purposes. (5) Laundry activities located at a stationary source that uses washers and dryers to clean, with water solutions of bleach or detergents, or to dry clothing, bedding, and other fabric items used on site. This exemption does not include laundry activities that use dry cleaning equipment or steam boilers. (6) Bathroom vent emissions, including toilet vent emissions. (7) Blacksmith forges. (8) Plant maintenance and upkeep activities and repair or maintenance shop activities (e.g., groundskeeping, general repairs, cleaning, painting, welding, plumbing, retarring roofs, installing insulation, and paving parking lots), provided that these activities are not conducted as part of manufacturing process, are not related to the source's primary business activity, and do not otherwise trigger a permit modification. Cleaning and painting activities qualify if they are not subject to control requirements for volatile organic compounds or hazardous air pollutants as defined in 567-24.100(455B). (9) Air compressors and vacuum pumps, including hand tools. (10) Batteries and battery charging stations, except at battery manufacturing plants. (11) Equipment used to store, mix, pump, handle or package soaps, detergents, surfactants, waxes, glycerin, vegetable oils, greases, animal fats, sweetener, corn syrup, and aqueous salt or caustic solutions, provided that appropriate lids and covers are utilized and that no organic solvent has been mixed with such materials. (12) Equipment used exclusively to slaughter animals, but not including other equipment at slaughterhouses, such as rendering cookers, boilers, heating plants, incinerators, and electrical power generating equipment. (13) Vents from continuous emissions monitors and other analyzers. (14) Natural gas pressure regulator vents, excluding venting at oil and gas production facilities. (15) Equipment used by surface coating operations that apply the coating by brush, roller, or dipping, except equipment that emits volatile organic compounds or hazardous air pollutants as defined in 567-24.100(455B). (16) Hydraulic and hydrostatic testing equipment. (17) Environmental chambers not using gases that are hazardous air pollutants as defined in 567-24.100(455B). (18) Shock chambers, humidity chambers, and solar simulators. (19) Fugitive dust emissions related to movement of passenger vehicles on unpaved road surfaces, provided that the emissions are not counted for applicability purposes and that any fugitive dust control plan or its equivalent is submitted as required by the department. (20) Process water filtration systems and demineralizers, demineralized water tanks, and demineralizer vents. (21) Boiler water treatment operations, not including cooling towers or lime silos. (22) Oxygen scavenging (deaeration) of water. (23) Fire suppression systems. (24) Emergency road flares. (25) Steam vents, safety relief valves, and steam leaks. (26) Steam sterilizers. (27) Application of hot melt adhesives from closed-pot systems using polyolefin compounds, polyamides, acrylics, ethylene vinyl acetate and urethane material when stored and applied at the manufacturer's recommended temperatures. Equipment used to apply hot melt adhesives shall have a safety device that automatically shuts down the equipment if the hot melt temperature exceeds the manufacturer's recommended application temperature. y. Direct-fired equipment burning natural gas, propane, or liquefied propane with a capacity of less than 10 million Btu per hour input, and direct-fired equipment burning fuel oil with a capacity of less than 1 million Btu per hour input, with emissions that are attributable only to the products of combustion. Emissions other than those attributable to the products of combustion shall be accounted for in an enforceable permit condition or shall otherwise be exempt under this subrule. z. Closed refrigeration systems, including storage tanks used in refrigeration systems but excluding any combustion equipment associated with such systems. aa. Pretreatment application processes that use aqueous-based chemistries designed to clean a substrate, provided that the chemical concentrate contains no more than 5 percent organic solvents by weight. This exemption includes pretreatment processes that use aqueous-based cleaners, cleaner-phosphatizers, and phosphate conversion coating chemistries. bb. Indoor-vented powder coating operations with filters or powder recovery systems. cc. Electric curing ovens or curing ovens that run on natural gas or propane with a maximum heat input of less than 10 million Btu per hour and that are used for powder coating operations, provided that the total cured powder usage is less than 75 tons of powder per year at the stationary source. Records shall be maintained on site by the owner or operator for a period of at least two calendar years to demonstrate that cured powder usage is less than the exemption threshold. dd. Each production painting, adhesive or coating unit using an application method other than a spray system and associated cleaning operations that use 1,000 gallons or less of coating and solvents annually, unless the production painting, adhesive or coating unit and associated cleaning operations are subject to work practice, process limits, emissions limits, stack testing, recordkeeping or reporting requirements under 567-subrule 23.1(2), 23.1(3) or 23.1(4). Records shall be maintained on site by the owner or operator for a period of at least two calendar years to demonstrate that paint, adhesive, or solvent usage is at or below the exemption threshold. ee. Any production surface coating activity that uses only nonrefillable handheld aerosol cans, where the total volatile organic compound emissions from all these activities at a stationary source do not exceed 5.0 tons per year. ff. Production welding. (1) Consumable electrode. 1. Welding operations for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013, using a consumable electrode, provided that the consumable electrode used falls within American Welding Society specification A5.18/A5.18M for Gas Metal Arc Welding (GMAW), A5.1 or A5.5 for Shielded Metal Arc Welding (SMAW), and A5.20 for Flux Core Arc Welding (FCAW), and provided that the quantity of all electrodes used at the stationary source of the acceptable specifications is below 200,000 pounds per year for GMAW and 28,000 pounds per year for SMAW or FCAW. Records that identify the type and annual amount of welding electrode used shall be maintained on site by the owner or operator for a period of at least two calendar years. For stationary sources where electrode usage exceeds these levels, the welding activity at the stationary source may be exempted if the amount of electrode used (Y) is less than: Y = the greater of 1380x - 19,200 or 200,000 for GMAW, or Y = the greater of 187x - 2,600 or 28,000 for SMAW or FCAW Where "x" is the minimum distance to the property line in feet and "Y" is the annual electrode usage in pounds per year. If the stationary source has welding processes that fit into both of the specified exemptions, the most stringent limits must be applied. 2. Welding operations for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred after October 23, 2013, using a consumable electrode, provided that the consumable electrode used falls within American Welding Society specification A5.18/A5.18M for Gas Metal Arc Welding (GMAW), A5.1 or A5.5 for Shielded Metal Arc Welding (SMAW), and A5.20 for Flux Core Arc Welding (FCAW), and provided that the quantity of all electrodes used at the stationary source of the acceptable specifications is below 12,500 pounds per year for GMAW and 1,600 pounds per year for SMAW or FCAW. Records that identify the type and annual amount of welding electrode used shall be maintained on site by the owner or operator for a period of at least two calendar years. For stationary sources where electrode usage exceeds these levels, the welding activity at the stationary source may be exempted if the amount of electrode used (Y) is less than: Y = the greater of 84x - 1,200 or 12,500 for GMAW, or Y = the greater of 11x - 160 or 1,600 for SMAW or FCAW Where "x" is the minimum distance to the property line in feet and "Y" is the annual electrode usage in pounds per year. If the stationary source has welding processes that fit into both of the specified exemptions, the most stringent limits must be applied. (2) Resistance welding, submerged arc welding, or arc welding that does not use a consumable electrode, provided that the base metals do not include stainless steel, alloys of lead, alloys of arsenic, or alloys of beryllium and provided that the base metals are uncoated, excluding manufacturing process lubricants. gg. Electric hand soldering, wave soldering, and electric solder paste reflow ovens for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013. Electric hand soldering, wave soldering, and electric solder paste reflow ovens for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-2.1(455B)) occurred after October 23, 2013, shall be limited to 37,000 pounds or less per year of lead-containing solder. Records shall be maintained on site by the owner or operator for at least two calendar years to demonstrate that use of lead-containing solder is less than the exemption thresholds. hh. Pressurized piping and storage systems for natural gas, propane, liquefied petroleum gas (LPG), and refrigerants, where emissions could only result from an upset condition. ii. Emissions from the storage and mixing of paints and solvents associated with the painting operations, provided that the emissions from the storage and mixing are accounted for in an enforceable permit condition or are otherwise exempt. jj. Product labeling using laser and ink-jet printers with target distances less than or equal to six inches and an annual material throughput of less than 1,000 gallons per year as calculated on a stationary sourcewide basis. kk. Equipment related to research and development activities at a stationary source, provided that: (1) Actual emissions from all research and development activities at the stationary source based on a 12-month rolling total are less than the following levels: 1. 2 pounds per year of lead and lead compounds expressed as lead (40 pounds per year for research and development activities that commenced on or before October 23, 2013); 2. 5 tons per year of sulfur dioxide; 3. 5 tons per year of nitrogen oxides; 4. 5 tons per year of volatile organic compounds; 5. 5 tons per year of carbon monoxide; 6. 5 tons per year of particulate matter (particulate matter as defined in 40 CFR 51.100(pp) as amended through November 7, 1986); 7. 2.5 tons per year of PM10; 8. 0.52 tons per year of PM2.5 (does not apply to research and development activities that commenced on or before October 23, 2013); and 9. 5 tons per year of hazardous pollutants (as defined in 567-24.100(455B)); and (2) The owner or operator maintains records of actual operations demonstrating that the annual emissions from all research and development activities conducted under this exemption are below the levels listed in 22.1(2)"kk"(1). These records shall: 1. Include a list of equipment that is included under the exemption; 2. Include records of actual operation and detailed calculations of actual annual emissions, reflecting the use of any control equipment and demonstrating that the emissions are below the levels specified in the exemption; 3. Include, if air pollution equipment is used in the calculation of emissions, a copy of any report of manufacturer's testing, if available. The department may require a test if it believes that a test is necessary for the exemption claim; and 4. Be maintained on site for a minimum of two years, be made available for review during normal business hours and for state and EPA on-site inspections, and be provided to the director or the director's designee upon request. Facilities designated as major sources pursuant to 567-22.4 (455B) and 567-24.101(455B), or subject to any applicable federal requirements, shall retain all records demonstrating compliance with this exemption for five years. (3) An owner or operator using this exemption obtains a construction permit or ceases operation of equipment if operation of the equipment would cause the emission levels listed in this exemption to be exceeded. For the purposes of this exemption, "research and development activities" shall be defined as activities: 1. That are operated under the close supervision of technically trained personnel; 2. That are conducted for the primary purpose of theoretical research or research and development into new or improved processes and products; 3. That do not manufacture more than de minimus amounts of commercial products; and 4. That do not contribute to the manufacture of commercial products by collocated sources in more than a de minimus manner. ll. A regional collection center (RCC), as defined in 567-Chapter 211, involved in the processing of permitted hazardous materials from households and conditionally exempt small quantity generators (CESQG), not to exceed 1,200,000 pounds of VOC-containing material in a 12-month rolling period. Latex paint drying may not exceed 120,000 pounds per year on a 12-month rolling total. Other nonprocessing emission units (e.g., standby generators and waste oil heaters) shall not be eligible to use this exemption. mm. Cold solvent cleaning machines that are not in-line cleaning machines, where the maximum vapor pressure of the solvents used shall not exceed 0.7 kPa (5 mmHg or 0.1 psi) at 20°C (68°F). The machine must be equipped with a tightly fitted cover or lid that shall be closed at all times except during parts entry and removal. This exemption cannot be used for cold solvent cleaning machines that use solvent containing methylene chloride (CAS # 75-09-2), perchloroethylene (CAS # 127-18-4), trichloroethylene (CAS # 79-01-6), 1,1,1-trichloroethane (CAS # 71-55-6), carbon tetrachloride (CAS # 56-23-5) or chloroform (CAS # 67-66-3), or any combination of these halogenated HAP solvents in a total concentration greater than 5 percent by weight. nn. Emissions from mobile over-the-road trucks, and mobile agricultural and construction internal combustion engines that are operated only for repair or maintenance purposes at equipment repair shops or equipment dealerships, and only when the repair shops or equipment dealerships are not major sources as defined in 567-24.100(455B). oo. A nonroad diesel fueled engine, as "nonroad engine" is defined in 40 CFR Section 1068.30 as amended through January 24, 2023, with a brake horsepower rating of less than 1,100 at full load measured at the shaft, used to conduct periodic testing and maintenance on natural gas pipelines. For the purposes of this exemption, the manufacturer's nameplate rating shall be defined as the brake horsepower output at the shaft at full load. (1) To qualify for the exemption, the engine must:1. Be used for periodic testing and maintenance on natural gas pipelines outside the compressor station, which shall not exceed 330 hours in any 12-month consecutive period at a single location; or 2. Be used for periodic testing and maintenance on natural gas pipelines within the compressor station, which shall not exceed 330 hours in any 12-month consecutive period. (2) The owner or operator shall maintain a monthly record of the number of hours the engine operated and a record of the rolling 12-month total of the number of hours the engine operated for each location outside the compressor station and within the compressor station. These records shall be maintained for two years. Records shall be made available to the department upon request. (3) This exemption shall not apply to the replacement or substitution of engines for backup power generation at a pipeline compressor station. (3) Construction permits. The owner or operator of a new or modified stationary source shall apply for a construction permit. Construction permit applications, including the information referenced above and in 567-22.1 (455B) through 567-22.10 (455B), shall be submitted in the electronic format specified by the department, if electronic submittal is provided. The owner or operator of any new or modified industrial anaerobic lagoon shall apply for a construction permit as specified in this subrule and as provided in 567-Chapter 22. The owner or operator of a new or modified anaerobic lagoon for an animal feeding operation shall apply for a construction permit as provided in 567-Chapter 65. a. Regulatory applicability determinations. If requested in writing, the director will review the design concepts of equipment and associated control equipment prior to application for a construction permit. The purpose of the review would be to determine the acceptability of the location of the equipment. If the review is requested, the requester shall supply the following information and submit a fee as required in 567-Chapter 30:(1) Preliminary plans and specifications of equipment and related control equipment. (2) The exact site location and a plot plan of the immediate area, including the distance to and height of nearby buildings and the estimated location and elevation of the emission points. (3) The estimated emission rates of any air contaminants that are to be considered. (4) The estimated exhaust gas temperature, velocity at the point of discharge, and stack diameter at the point of discharge. (5) An estimate of when construction would begin and when construction would be completed. b. Construction permit applications. Each application for a construction permit shall be submitted to the department. Final plans and specifications for the proposed equipment or related control equipment shall be submitted with the application for a permit and shall be prepared by or under the direct supervision of a professional engineer licensed in the state of Iowa in conformance with Iowa Code section 542B.1, or consistent with the provisions of Iowa Code section 542B.26 for any full-time employee of any corporation while the employee is doing work for that corporation. The application for a permit to construct shall include the following information: (1) A description of the equipment or control equipment covered by the application; (2) A scaled plot plan, including the distance and height of nearby buildings, and the location and elevation of existing and proposed emission points; (3) The composition of the effluent stream, both before and after any control equipment with estimates of emission rates, concentration, volume and temperature; (4) The physical and chemical characteristics of the air contaminants; (5) The proposed dates and description of any tests to be made by the owner or operator of the completed installation to verify compliance with applicable emission limits or standards of performance; (6) Information pertaining to sampling port locations, scaffolding, power sources for operation of appropriate sampling instruments, and pertinent allied facilities for making tests to ascertain compliance; (7) Any additional information deemed necessary by the department to determine compliance with or applicability of 567-22.4 (455B), 567-22.5 (455B), 567-31.3 (455B) and 567-33.3(455B); (8) Reserved. (9) A signed statement that ensures the applicant's legal entitlement to install and operate equipment covered by the permit application on the property identified in the permit application. A signed statement shall not be required for rock crushers, portable concrete or asphalt equipment used in conjunction with specific identified construction projects that are intended to be located at a site only for the duration of the specific, identified construction project; and (10) Application fee. 1. The owner or operator shall submit a fee as required in 567-Chapter 30 to obtain a permit under 22.1(1), 567-22.4 (455B), 567-22.5(455B), 567-22.8 (455B), 567-22.10 (455B), 567-Chapter 31 or 567-Chapter 33; 2. For application submittals from a minor source as defined in 567-Chapter 30, the department shall not initiate review and processing of a permit application submittal until all required application fees have been paid to the department; and (11) Quantity of greenhouse gas emissions for all applications for projects that will or do have greenhouse gas emissions. For all applications for projects that will not or do not have greenhouse gas emissions, the applicant shall indicate in the application that no greenhouse gases will be emitted and the applicant will not be required to file an inventory of greenhouse gases with that application, unless requested by the department. c. Application requirements for anaerobic lagoons. The application for a permit to construct an anaerobic lagoon shall include the following information: (1) The source of the water being discharged to the lagoon; (2) A plot plan, including distances to nearby residences or occupied buildings, local land use zoning maps of the vicinity, and a general description of the topography in the vicinity of the lagoon; (3) In the case of an animal feeding operation, the information required in 567-Chapter 65; (4) In the case of an industrial source, a chemical description of the waste being discharged to the lagoon; (5) A report of sulfate analyses conducted on the water to be used for any purpose in a livestock operation proposing to use an anaerobic lagoon. The report shall be prepared by using standard methods as defined in 567-60.2 (455B); (6) A description of available water supplies to prove that adequate water is available for dilution; (7) In the case of an animal feeding operation, a waste management plan describing the method of waste collection and disposal and the land to be used for disposal. Evidence that the waste disposal equipment is of sufficient size to dispose of the wastes within a 20-day period per year shall also be provided; (8) Any additional information needed by the department to determine compliance with these rules." scope="agency:567:title:II">exemptions, the most stringent limits must be
applied.
2. Welding
operations for which
initiation of construction, installation, reconstruction,
or
alteration (as defined in
567-22.1 (455B)) occurred after
October 23, 2013, using a consumable electrode, provided that the consumable
electrode used falls within American Welding Society specification A5.18/A5.18M
for Gas Metal Arc Welding (GMAW), A5.1 or A5.5 for Shielded Metal Arc Welding
(SMAW), and A5.20 for Flux Core Arc Welding (FCAW), and provided that the
quantity of all electrodes used at the
stationary source of the acceptable
specifications is below 12,500 pounds per year for GMAW and 1,600 pounds per
year for SMAW or FCAW. Records that identify the type and annual amount of
welding electrode used shall be maintained on site by the owner or operator for
a period of at least two calendar years. For stationary sources where electrode
usage exceeds these levels, the welding activity at the
stationary source may
be exempted if the amount of electrode used (Y) is less than:
Y = the greater of 84x - 1,200 or 12,500 for GMAW, or
Y = the greater of 11x - 160 or 1,600 for SMAW or
FCAW
Where "x" is the minimum distance to the property line in
feet and "Y" is the annual electrode usage in pounds per year.
If the stationary source has welding processes that fit into
both of the specified 1 million Btu per hour input), * 22.1(2)"b," * 22.1(2)"e," * 22.1(2)"r," or * 22.1(2)"s." Records kept on site shall contain the following information: * The specific exemption claimed; and * A description of the associated equipment. The permitting exemptions in this subrule do not relieve the owner or operator of any source from any obligation to comply with any other applicable requirements. a. Fuel-burning equipment for indirect heating and reheating furnaces or cooling units using natural gas or liquefied petroleum gas with a capacity of less than 10 million Btu per hour input per combustion unit. b. Fuel-burning equipment for indirect heating or indirect cooling with a capacity of less than 1 million Btu per hour input per combustion unit when burning untreated wood, untreated seeds or pellets, other untreated vegetative materials, or fuel oil, provided that the equipment and the fuel meet the conditions specified in this paragraph. Used oils meeting the specification from 40 CFR Section 279.11 as amended through July 14, 2006, are acceptable fuels for this exemption. When combusting used oils, the equipment must have a maximum rated capacity of 50,000 Btu or less per hour of heat input or a maximum throughput of 3,600 gallons or less of used oils per year. When combusting untreated wood, untreated seeds or pellets, or other untreated vegetative materials, the equipment must have a maximum rated capacity of 265,600 Btu or less per hour or a maximum throughput of 378,000 pounds or less per year of each fuel or any combination of fuels. Records shall be maintained on site by the owner or operator for at least two calendar years to demonstrate that fuel usage is less than the exemption thresholds. Owners or operators initiating construction, installation, reconstruction, or alteration of equipment (as defined in 567-22.1 (455B)) on or before October 23, 2013, burning coal, used oils, untreated wood, untreated seeds or pellets, or other untreated vegetative materials that qualified for this exemption may continue to claim this exemption after October 23, 2013, without being restricted to the maximum heat input or throughput specified in this paragraph. c. Mobile internal combustion and jet engines, marine vessels and locomotives. d. Equipment used for cultivating land, harvesting crops, or raising livestock other than anaerobic lagoons. This exemption is not applicable if the equipment is used to remove substances from grain that were applied to the grain by another person. This exemption is also not applicable to equipment used by a person to manufacture commercial feed, as defined in Iowa Code section 198.3, that is normally not fed to livestock, owned by the person or another person, in a feedlot, as defined in Iowa Code section 172D.1(6), or a confinement building owned or operated by that person and located in this state. e. Incinerators and pyrolysis cleaning furnaces with a rated refuse burning capacity of less than 25 pounds per hour for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013. Pyrolysis cleaning furnace exemption is limited to those units that use only natural gas or propane. Salt bath units are not included in this exemption. Incinerators or pyrolysis cleaning furnaces for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-21.1(455B)) occurred after October 23, 2013, shall not qualify for this exemption. After October 23, 2013, only paint clean-off ovens with a maximum rated capacity of less than 25 pounds per hour that do not combust lead-containing materials shall qualify for this exemption. f. Fugitive dust controls, unless a control efficiency can be assigned to the equipment or control equipment. g. Equipment or control equipment that reduces or eliminates all emission to the atmosphere. An owner or operator electing to use this exemption shall provide to the department the following information: (1) Name and location of the facility; (2) Detailed description of each change being made; (3) Date of the beginning of actual construction and date that operation will begin after the changes are made; (4) Detailed emissions estimates showing:1. The actual and potential emissions, specifically noting increases or decreases, for the project for all regulated pollutants (as defined in 567-24.100(455B)); and 2. The accumulated emissions increases associated with each change when totaled with other net emissions increases at the facility contemporaneous with the proposed change (occurring within five years before construction of the particular change commences). (5) Documentation of the basis for all emissions estimates; (6) Height of the emission point or stack and height of the highest building within 50 feet; (7) Statement that the provisions of 567-Chapters 31 and 33 do not apply; and (8) Written statement containing certification by a responsible official as defined in 567-24.100(455B) of truth, accuracy, and completeness that:1. Accumulated emissions with other contemporaneous net increases have not exceeded significant levels, as defined in 40 CFR 52.21(b)(23), and adopted in 567-33.3(455B); 2. The changes will not prevent the attainment or maintenance of the ambient air quality standards specified in 567-22.11 (455B); 3. Based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete. The conditions listed below also apply to this exemption: * If an owner or operator opts to use this exemption for equipment or a process not yet constructed or modified, the information shall be provided to the department at least 30 days in advance of the beginning of construction on the project. * If an owner or operator opts to use this exemption for equipment or a process that has already been constructed or modified and that does not have a construction permit for that construction or modification, the owner or operator shall not operate until the information listed above is provided to the department. * If a construction permit has been previously issued for the equipment or control equipment, all other conditions of the construction permit remain in effect. * If an owner or operator wishes to obtain credit for emission reductions, an air quality construction permit must be obtained for the reduction prior to the time the reduction is made. h. Equipment (other than anaerobic lagoons) or control equipment that emits odors, unless such equipment or control equipment also emits particulate matter or any other regulated air contaminant (as defined in 567-24.100(455B)). i. Reserved. j. Residential heaters, cookstoves, or fireplaces that burn untreated wood, untreated seeds or pellets, or other untreated vegetative materials. k. Asbestos demolition and renovation projects subject to 40 CFR Section 61.145 as adopted by reference in 567-subrule 23.1(3). l. The equipment in laboratories used exclusively for nonproduction chemical and physical analyses. Nonproduction analyses means analyses incidental to the production of a good or service and includes analyses conducted for quality assurance or quality control activities or for the assessment of environmental impact. m. Storage tanks with a capacity of less than 19,812 gallons and an annual throughput of less than 200,000 gallons. n. Stack or vents to prevent escape of sewer gases through plumbing traps. Systems that include any industrial waste are not exempt. o. A nonproduction surface coating process that uses only handheld aerosol spray cans. p. Brazing, soldering or welding equipment or portable cutting torches used only for nonproduction activities. q. Cooling and ventilating equipment: comfort air conditioning not designed or used to remove air contaminants generated by, or released from, specific units of equipment. r. An internal combustion engine with a brake horsepower rating of less than 400 measured at the shaft, provided that the owner or operator meets all of the conditions in this paragraph. For the purposes of this exemption, the manufacturer's nameplate rated capacity at full load shall be defined as the brake horsepower output at the shaft. The owner or operator of an engine that was manufactured, ordered, modified or reconstructed after March 18, 2009, may use this exemption only if the owner or operator, prior to installing, modifying or reconstructing the engine, submits to the department a completed registration on forms provided by the department (unless the engine is exempted from registration, as specified in this paragraph or on the registration form) certifying that the engine is in compliance with the following federal regulations:(1) NSPS for stationary compression ignition internal combustion engines ( 40 CFR Part 60, Subpart IIII); or (2) NSPS for stationary spark ignition internal combustion engines (40 CFR Part 60, Subpart JJJJ); and (3) NESHAP for reciprocating internal combustion engines ( 40 CFR Part 63, Subpart ZZZZ). Use of this exemption does not relieve an owner or operator from any obligation to comply with NSPS or NESHAP requirements. An engine that meets the definition of a nonroad engine as specified in 40 CFR Section 1068.30, as amended through January 24, 2023, is exempt from the registration requirements of this paragraph. s. Equipment that is not related to the production of goods or services and used exclusively for academic purposes, located at educational institutions (as defined in Iowa Code section 455B.161). The equipment covered under this exemption is limited to lab hoods, art class equipment, wood shop equipment in classrooms, wood fired pottery kilns, and fuel-burning units with a capacity of less than 1 million Btu per hour fuel capacity. This exemption does not apply to incinerators. t. Any container, storage tank, or vessel that contains a fluid having a maximum true vapor pressure of less than 0.75 psia. "Maximum true vapor pressure" means the equilibrium partial pressure of the material considering: (1) For material stored at ambient temperature, the maximum monthly average temperature as reported by the National Weather Service, or (2) For material stored above or below the ambient temperature, the temperature equal to the highest calendar-month average of the material storage temperature. u. Equipment for carving, cutting, routing, turning, drilling, machining, sawing, surface grinding, sanding, planing, buffing, sandblast cleaning, shot blasting, shot peening, or polishing ceramic artwork, leather, metals (other than beryllium), plastics, concrete, rubber, paper stock, and wood or wood products, where such equipment is either used for nonproduction activities or exhausted inside a building. v. Manually operated equipment, as defined in 567-24.100(455B), used for buffing, polishing, carving, cutting, drilling, machining, routing, sanding, sawing, scarfing, surface grinding, or turning. w. Small unit exemption. (1) "Small unit" means any emission unit and associated control (if applicable) that emits less than the following: 1. 2 pounds per year of lead and lead compounds expressed as lead (40 pounds per year of lead or lead compounds for equipment for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013); 2. 5 tons per year of sulfur dioxide; 3. 5 tons per year of nitrogen oxides; 4. 5 tons per year of volatile organic compounds; 5. 5 tons per year of carbon monoxide; 6. 5 tons per year of particulate matter (particulate matter as defined in 40 CFR 51.100(pp), as amended through November 7, 1986); 7. 2.5 tons per year of PM10; 8. 0.52 tons per year of PM2.5 (does not apply to equipment for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013); and 9. 5 tons per year of hazardous air pollutants (as defined in 567-24.100(455B)). For the purposes of this exemption, "emission unit" means any part or activity of a stationary source that emits or has the potential to emit any pollutant subject to regulation under the Act. This exemption applies to existing and new or modified "small units." An emission unit that emits hazardous air pollutants (as defined in 567-24.100(455B)) is not eligible for this exemption if the emission unit is required to be reviewed for compliance with 567-subrule 23.1(3), emission standards for hazardous air pollutants ( 40 CFR Part 61, NESHAP), or 567-subrule 23.1(4), emission standards for hazardous air pollutants for source categories ( 40 CFR Part 63, NESHAP). An emission unit that emits air pollutants that are not regulated air pollutants as defined in 567-24.100(455B) shall not be eligible to use this exemption. (2) Permit requested. If a construction permit is requested in writing by the owner or operator of a small unit, the director may issue a construction permit for the emission point associated with that emission unit. (3) An owner or operator that utilizes the small unit exemption must maintain on site an "exemption justification document." The exemption justification document must document conformance and compliance with the emission rate limits contained in the definition of "small unit" for the particular emission unit or group of similar emission units obtaining the exemption. Controls that may be part of the exemption justification document include, but are not limited to, the following: emission control devices, such as cyclones, filters, or baghouses; restricted hours of operation or fuel; and raw material or solvent substitution. The exemption justification document for an emission unit or group of similar emission units must be made available for review during normal business hours and for state or EPA on-site inspections and shall be provided to the director or the director's representative upon request. If an exemption justification document does not exist, the applicability of the small unit exemption is voided for that particular emission unit or group of similar emission units. The controls described in the exemption justification document establish a limit on the potential emissions. An exemption justification document shall include the following for each applicable emission unit or group of similar emission units: 1. A narrative description of how the emissions from the emission unit or group of similar emission units were determined and maintained at or below the annual small unit exemption levels. 2. If air pollution control equipment is used, a description of the air pollution control equipment used on the emission unit or group of similar emission units and a statement that the emission unit or group of similar emission units will not be operated without the pollution control equipment operating. 3. If air pollution control equipment is used, the applicant shall maintain a copy of any report of manufacturer's testing results of any emissions test, if available. The department may require a test if it believes that a test is necessary for the exemption claim. 4. A description of all production limits required for the emission unit or group of similar emission units to comply with the exemption levels. 5. Detailed calculations of emissions reflecting the use of any air pollution control devices or production or throughput limitations, or both, for applicable emission unit or group of similar emission units. 6. Records of actual operation that demonstrate that the annual emissions from the emission unit or group of similar emission units were maintained below the exemption levels. 7. Facilities designated as major sources with respect to 567-22.4 (455B) and 567-24.101(455B), or subject to any applicable federal requirements, shall retain all records demonstrating compliance with the exemption justification document for five years. The record retention requirements supersede any retention conditions of an individual exemption. 8. A certification from the responsible official that the emission unit or group of similar emission units have complied with the exemption levels specified in 22.1(2)"w"(1). (4) Requirement to apply for a construction permit. An owner or operator of a small unit will be required to obtain a construction permit or take the unit out of service if the emission unit exceeds the small unit emission levels. 1. If, during an inspection or other investigation of a facility, the department believes that the emission unit exceeds the emission levels that define a "small unit," then the department will submit calculations and detailed information in a letter to the owner or operator. The owner or operator shall have 60 days to respond with detailed calculations and information to substantiate a claim that the small unit does not exceed the emission levels that define a small unit. 2. If the owner or operator is unable to substantiate a claim to the satisfaction of the department, then the owner or operator that has been using the small unit exemption must cease operation of that small unit or apply for a construction permit for that unit within 90 days after receiving a letter of notice from the department. The emission unit and control equipment may continue operation during this period and the associated initial application review period. 3. If the notification of nonqualification as a small unit is made by the department following the process described above, the owner or operator will be deemed to have constructed an emission unit without the required permit and may be subject to applicable penalties. (5) Required notice for construction or modification of a substantial small unit. The owner or operator shall notify the department in writing at least ten days prior to commencing construction of any new or modified "substantial small unit" as defined in 22.1(2)"w"(6). The owner or operator shall notify the department within 30 days after determining an existing small unit meets the criteria of the "substantial small unit" as defined in 22.1(2)"w"(6). Notification shall include the name of the business, the location where the unit will be installed, and information describing the unit and quantifying its emissions. The owner or operator shall notify the department within 90 days of the end of the calendar year for which the aggregate emissions from substantial small units at the facility have reached any of the cumulative notice thresholds listed below. (6) For the purposes of this paragraph, "substantial small unit" means a small unit that emits more than the following amounts, as documented in the exemption justification document: 1. 2 pounds per year of lead and lead compounds expressed as lead (30 pounds per year of lead or lead compounds for equipment for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013); 2. 3.75 tons per year of sulfur dioxide; 3. 3.75 tons per year of nitrogen oxides; 4. 3.75 tons per year of volatile organic compounds; 5. 3.75 tons per year of carbon monoxide; 6. 3.75 tons per year of particulate matter (particulate matter as defined in 40 CFR 51.100(pp), as amended through November 7, 1986); 7. 1.875 tons per year of PM10; 8. 0.4 tons per year of PM2.5 (does not apply to equipment for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013); or 9. 3.75 tons per year of any hazardous air pollutant or 3.75 tons per year of any combination of hazardous air pollutants. An emission unit is a "substantial small unit" only for those substances for which annual emissions exceed the above-indicated amounts.(7) Required notice that a cumulative notice threshold has been reached. Once a "cumulative notice threshold," as defined in 22.1(2)"w"(8), has been reached for any of the listed pollutants, the owner or operator at the facility must apply for air construction permits for all substantial small units for which the cumulative notice threshold for the pollutant(s) in question has been reached. The owner or operator shall have 90 days from the date it determines that the cumulative notice threshold has been reached in which to apply for construction permit(s). The owner or operator shall submit a letter to the department, within five working days of making this determination, establishing the date the owner or operator determined that the cumulative notice threshold had been reached. (8) "Cumulative notice threshold" means the total combined emissions from all substantial small units using the small unit exemption that emit at the facility the following amounts, as documented in the exemption justification document: 1. 0.6 tons per year of lead and lead compounds expressed as lead; 2. 40 tons per year of sulfur dioxide; 3. 40 tons per year of nitrogen oxides; 4. 40 tons per year of volatile organic compounds; 5. 100 tons per year of carbon monoxide; 6. 25 tons per year of particulate matter (particulate matter as defined in 40 CFR 51.100(pp), as amended through November 7, 1986); 7. 15 tons per year of PM10; 8. 10 tons per year of PM2.5 (does not apply to equipment for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013); or 9. 10 tons per year of any hazardous air pollutant or 25 tons per year of any combination of hazardous air pollutants. x. The following equipment, processes, and activities: (1) Cafeterias, kitchens, and other facilities used for preparing food or beverages primarily for consumption at the source. (2) Consumer use of office equipment and products, not including printers or businesses primarily involved in photographic reproduction. (3) Janitorial services and consumer use of janitorial products. (4) Internal combustion engines used for lawn care, landscaping, and groundskeeping purposes. (5) Laundry activities located at a stationary source that uses washers and dryers to clean, with water solutions of bleach or detergents, or to dry clothing, bedding, and other fabric items used on site. This exemption does not include laundry activities that use dry cleaning equipment or steam boilers. (6) Bathroom vent emissions, including toilet vent emissions. (7) Blacksmith forges. (8) Plant maintenance and upkeep activities and repair or maintenance shop activities (e.g., groundskeeping, general repairs, cleaning, painting, welding, plumbing, retarring roofs, installing insulation, and paving parking lots), provided that these activities are not conducted as part of manufacturing process, are not related to the source's primary business activity, and do not otherwise trigger a permit modification. Cleaning and painting activities qualify if they are not subject to control requirements for volatile organic compounds or hazardous air pollutants as defined in 567-24.100(455B). (9) Air compressors and vacuum pumps, including hand tools. (10) Batteries and battery charging stations, except at battery manufacturing plants. (11) Equipment used to store, mix, pump, handle or package soaps, detergents, surfactants, waxes, glycerin, vegetable oils, greases, animal fats, sweetener, corn syrup, and aqueous salt or caustic solutions, provided that appropriate lids and covers are utilized and that no organic solvent has been mixed with such materials. (12) Equipment used exclusively to slaughter animals, but not including other equipment at slaughterhouses, such as rendering cookers, boilers, heating plants, incinerators, and electrical power generating equipment. (13) Vents from continuous emissions monitors and other analyzers. (14) Natural gas pressure regulator vents, excluding venting at oil and gas production facilities. (15) Equipment used by surface coating operations that apply the coating by brush, roller, or dipping, except equipment that emits volatile organic compounds or hazardous air pollutants as defined in 567-24.100(455B). (16) Hydraulic and hydrostatic testing equipment. (17) Environmental chambers not using gases that are hazardous air pollutants as defined in 567-24.100(455B). (18) Shock chambers, humidity chambers, and solar simulators. (19) Fugitive dust emissions related to movement of passenger vehicles on unpaved road surfaces, provided that the emissions are not counted for applicability purposes and that any fugitive dust control plan or its equivalent is submitted as required by the department. (20) Process water filtration systems and demineralizers, demineralized water tanks, and demineralizer vents. (21) Boiler water treatment operations, not including cooling towers or lime silos. (22) Oxygen scavenging (deaeration) of water. (23) Fire suppression systems. (24) Emergency road flares. (25) Steam vents, safety relief valves, and steam leaks. (26) Steam sterilizers. (27) Application of hot melt adhesives from closed-pot systems using polyolefin compounds, polyamides, acrylics, ethylene vinyl acetate and urethane material when stored and applied at the manufacturer's recommended temperatures. Equipment used to apply hot melt adhesives shall have a safety device that automatically shuts down the equipment if the hot melt temperature exceeds the manufacturer's recommended application temperature. y. Direct-fired equipment burning natural gas, propane, or liquefied propane with a capacity of less than 10 million Btu per hour input, and direct-fired equipment burning fuel oil with a capacity of less than 1 million Btu per hour input, with emissions that are attributable only to the products of combustion. Emissions other than those attributable to the products of combustion shall be accounted for in an enforceable permit condition or shall otherwise be exempt under this subrule. z. Closed refrigeration systems, including storage tanks used in refrigeration systems but excluding any combustion equipment associated with such systems. aa. Pretreatment application processes that use aqueous-based chemistries designed to clean a substrate, provided that the chemical concentrate contains no more than 5 percent organic solvents by weight. This exemption includes pretreatment processes that use aqueous-based cleaners, cleaner-phosphatizers, and phosphate conversion coating chemistries. bb. Indoor-vented powder coating operations with filters or powder recovery systems. cc. Electric curing ovens or curing ovens that run on natural gas or propane with a maximum heat input of less than 10 million Btu per hour and that are used for powder coating operations, provided that the total cured powder usage is less than 75 tons of powder per year at the stationary source. Records shall be maintained on site by the owner or operator for a period of at least two calendar years to demonstrate that cured powder usage is less than the exemption threshold. dd. Each production painting, adhesive or coating unit using an application method other than a spray system and associated cleaning operations that use 1,000 gallons or less of coating and solvents annually, unless the production painting, adhesive or coating unit and associated cleaning operations are subject to work practice, process limits, emissions limits, stack testing, recordkeeping or reporting requirements under 567-subrule 23.1(2), 23.1(3) or 23.1(4). Records shall be maintained on site by the owner or operator for a period of at least two calendar years to demonstrate that paint, adhesive, or solvent usage is at or below the exemption threshold. ee. Any production surface coating activity that uses only nonrefillable handheld aerosol cans, where the total volatile organic compound emissions from all these activities at a stationary source do not exceed 5.0 tons per year. ff. Production welding. (1) Consumable electrode. 1. Welding operations for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013, using a consumable electrode, provided that the consumable electrode used falls within American Welding Society specification A5.18/A5.18M for Gas Metal Arc Welding (GMAW), A5.1 or A5.5 for Shielded Metal Arc Welding (SMAW), and A5.20 for Flux Core Arc Welding (FCAW), and provided that the quantity of all electrodes used at the stationary source of the acceptable specifications is below 200,000 pounds per year for GMAW and 28,000 pounds per year for SMAW or FCAW. Records that identify the type and annual amount of welding electrode used shall be maintained on site by the owner or operator for a period of at least two calendar years. For stationary sources where electrode usage exceeds these levels, the welding activity at the stationary source may be exempted if the amount of electrode used (Y) is less than: Y = the greater of 1380x - 19,200 or 200,000 for GMAW, or Y = the greater of 187x - 2,600 or 28,000 for SMAW or FCAW Where "x" is the minimum distance to the property line in feet and "Y" is the annual electrode usage in pounds per year. If the stationary source has welding processes that fit into both of the specified exemptions, the most stringent limits must be applied. 2. Welding operations for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred after October 23, 2013, using a consumable electrode, provided that the consumable electrode used falls within American Welding Society specification A5.18/A5.18M for Gas Metal Arc Welding (GMAW), A5.1 or A5.5 for Shielded Metal Arc Welding (SMAW), and A5.20 for Flux Core Arc Welding (FCAW), and provided that the quantity of all electrodes used at the stationary source of the acceptable specifications is below 12,500 pounds per year for GMAW and 1,600 pounds per year for SMAW or FCAW. Records that identify the type and annual amount of welding electrode used shall be maintained on site by the owner or operator for a period of at least two calendar years. For stationary sources where electrode usage exceeds these levels, the welding activity at the stationary source may be exempted if the amount of electrode used (Y) is less than: Y = the greater of 84x - 1,200 or 12,500 for GMAW, or Y = the greater of 11x - 160 or 1,600 for SMAW or FCAW Where "x" is the minimum distance to the property line in feet and "Y" is the annual electrode usage in pounds per year. If the stationary source has welding processes that fit into both of the specified exemptions, the most stringent limits must be applied. (2) Resistance welding, submerged arc welding, or arc welding that does not use a consumable electrode, provided that the base metals do not include stainless steel, alloys of lead, alloys of arsenic, or alloys of beryllium and provided that the base metals are uncoated, excluding manufacturing process lubricants. gg. Electric hand soldering, wave soldering, and electric solder paste reflow ovens for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-22.1 (455B)) occurred on or before October 23, 2013. Electric hand soldering, wave soldering, and electric solder paste reflow ovens for which initiation of construction, installation, reconstruction, or alteration (as defined in 567-2.1(455B)) occurred after October 23, 2013, shall be limited to 37,000 pounds or less per year of lead-containing solder. Records shall be maintained on site by the owner or operator for at least two calendar years to demonstrate that use of lead-containing solder is less than the exemption thresholds. hh. Pressurized piping and storage systems for natural gas, propane, liquefied petroleum gas (LPG), and refrigerants, where emissions could only result from an upset condition. ii. Emissions from the storage and mixing of paints and solvents associated with the painting operations, provided that the emissions from the storage and mixing are accounted for in an enforceable permit condition or are otherwise exempt. jj. Product labeling using laser and ink-jet printers with target distances less than or equal to six inches and an annual material throughput of less than 1,000 gallons per year as calculated on a stationary sourcewide basis. kk. Equipment related to research and development activities at a stationary source, provided that: (1) Actual emissions from all research and development activities at the stationary source based on a 12-month rolling total are less than the following levels: 1. 2 pounds per year of lead and lead compounds expressed as lead (40 pounds per year for research and development activities that commenced on or before October 23, 2013); 2. 5 tons per year of sulfur dioxide; 3. 5 tons per year of nitrogen oxides; 4. 5 tons per year of volatile organic compounds; 5. 5 tons per year of carbon monoxide; 6. 5 tons per year of particulate matter (particulate matter as defined in 40 CFR 51.100(pp) as amended through November 7, 1986); 7. 2.5 tons per year of PM10; 8. 0.52 tons per year of PM2.5 (does not apply to research and development activities that commenced on or before October 23, 2013); and 9. 5 tons per year of hazardous pollutants (as defined in 567-24.100(455B)); and (2) The owner or operator maintains records of actual operations demonstrating that the annual emissions from all research and development activities conducted under this exemption are below the levels listed in 22.1(2)"kk"(1). These records shall: 1. Include a list of equipment that is included under the exemption; 2. Include records of actual operation and detailed calculations of actual annual emissions, reflecting the use of any control equipment and demonstrating that the emissions are below the levels specified in the exemption; 3. Include, if air pollution equipment is used in the calculation of emissions, a copy of any report of manufacturer's testing, if available. The department may require a test if it believes that a test is necessary for the exemption claim; and 4. Be maintained on site for a minimum of two years, be made available for review during normal business hours and for state and EPA on-site inspections, and be provided to the director or the director's designee upon request. Facilities designated as major sources pursuant to 567-22.4 (455B) and 567-24.101(455B), or subject to any applicable federal requirements, shall retain all records demonstrating compliance with this exemption for five years. (3) An owner or operator using this exemption obtains a construction permit or ceases operation of equipment if operation of the equipment would cause the emission levels listed in this exemption to be exceeded. For the purposes of this exemption, "research and development activities" shall be defined as activities: 1. That are operated under the close supervision of technically trained personnel; 2. That are conducted for the primary purpose of theoretical research or research and development into new or improved processes and products; 3. That do not manufacture more than de minimus amounts of commercial products; and 4. That do not contribute to the manufacture of commercial products by collocated sources in more than a de minimus manner. ll. A regional collection center (RCC), as defined in 567-Chapter 211, involved in the processing of permitted hazardous materials from households and conditionally exempt small quantity generators (CESQG), not to exceed 1,200,000 pounds of VOC-containing material in a 12-month rolling period. Latex paint drying may not exceed 120,000 pounds per year on a 12-month rolling total. Other nonprocessing emission units (e.g., standby generators and waste oil heaters) shall not be eligible to use this exemption. mm. Cold solvent cleaning machines that are not in-line cleaning machines, where the maximum vapor pressure of the solvents used shall not exceed 0.7 kPa (5 mmHg or 0.1 psi) at 20°C (68°F). The machine must be equipped with a tightly fitted cover or lid that shall be closed at all times except during parts entry and removal. This exemption cannot be used for cold solvent cleaning machines that use solvent containing methylene chloride (CAS # 75-09-2), perchloroethylene (CAS # 127-18-4), trichloroethylene (CAS # 79-01-6), 1,1,1-trichloroethane (CAS # 71-55-6), carbon tetrachloride (CAS # 56-23-5) or chloroform (CAS # 67-66-3), or any combination of these halogenated HAP solvents in a total concentration greater than 5 percent by weight. nn. Emissions from mobile over-the-road trucks, and mobile agricultural and construction internal combustion engines that are operated only for repair or maintenance purposes at equipment repair shops or equipment dealerships, and only when the repair shops or equipment dealerships are not major sources as defined in 567-24.100(455B). oo. A nonroad diesel fueled engine, as "nonroad engine" is defined in 40 CFR Section 1068.30 as amended through January 24, 2023, with a brake horsepower rating of less than 1,100 at full load measured at the shaft, used to conduct periodic testing and maintenance on natural gas pipelines. For the purposes of this exemption, the manufacturer's nameplate rating shall be defined as the brake horsepower output at the shaft at full load. (1) To qualify for the exemption, the engine must:1. Be used for periodic testing and maintenance on natural gas pipelines outside the compressor station, which shall not exceed 330 hours in any 12-month consecutive period at a single location; or 2. Be used for periodic testing and maintenance on natural gas pipelines within the compressor station, which shall not exceed 330 hours in any 12-month consecutive period. (2) The owner or operator shall maintain a monthly record of the number of hours the engine operated and a record of the rolling 12-month total of the number of hours the engine operated for each location outside the compressor station and within the compressor station. These records shall be maintained for two years. Records shall be made available to the department upon request. (3) This exemption shall not apply to the replacement or substitution of engines for backup power generation at a pipeline compressor station. (3) Construction permits. The owner or operator of a new or modified stationary source shall apply for a construction permit. Construction permit applications, including the information referenced above and in 567-22.1 (455B) through 567-22.10 (455B), shall be submitted in the electronic format specified by the department, if electronic submittal is provided. The owner or operator of any new or modified industrial anaerobic lagoon shall apply for a construction permit as specified in this subrule and as provided in 567-Chapter 22. The owner or operator of a new or modified anaerobic lagoon for an animal feeding operation shall apply for a construction permit as provided in 567-Chapter 65. a. Regulatory applicability determinations. If requested in writing, the director will review the design concepts of equipment and associated control equipment prior to application for a construction permit. The purpose of the review would be to determine the acceptability of the location of the equipment. If the review is requested, the requester shall supply the following information and submit a fee as required in 567-Chapter 30:(1) Preliminary plans and specifications of equipment and related control equipment. (2) The exact site location and a plot plan of the immediate area, including the distance to and height of nearby buildings and the estimated location and elevation of the emission points. (3) The estimated emission rates of any air contaminants that are to be considered. (4) The estimated exhaust gas temperature, velocity at the point of discharge, and stack diameter at the point of discharge. (5) An estimate of when construction would begin and when construction would be completed. b. Construction permit applications. Each application for a construction permit shall be submitted to the department. Final plans and specifications for the proposed equipment or related control equipment shall be submitted with the application for a permit and shall be prepared by or under the direct supervision of a professional engineer licensed in the state of Iowa in conformance with Iowa Code section 542B.1, or consistent with the provisions of Iowa Code section 542B.26 for any full-time employee of any corporation while the employee is doing work for that corporation. The application for a permit to construct shall include the following information: (1) A description of the equipment or control equipment covered by the application; (2) A scaled plot plan, including the distance and height of nearby buildings, and the location and elevation of existing and proposed emission points; (3) The composition of the effluent stream, both before and after any control equipment with estimates of emission rates, concentration, volume and temperature; (4) The physical and chemical characteristics of the air contaminants; (5) The proposed dates and description of any tests to be made by the owner or operator of the completed installation to verify compliance with applicable emission limits or standards of performance; (6) Information pertaining to sampling port locations, scaffolding, power sources for operation of appropriate sampling instruments, and pertinent allied facilities for making tests to ascertain compliance; (7) Any additional information deemed necessary by the department to determine compliance with or applicability of 567-22.4 (455B), 567-22.5 (455B), 567-31.3 (455B) and 567-33.3(455B); (8) Reserved. (9) A signed statement that ensures the applicant's legal entitlement to install and operate equipment covered by the permit application on the property identified in the permit application. A signed statement shall not be required for rock crushers, portable concrete or asphalt equipment used in conjunction with specific identified construction projects that are intended to be located at a site only for the duration of the specific, identified construction project; and (10) Application fee. 1. The owner or operator shall submit a fee as required in 567-Chapter 30 to obtain a permit under 22.1(1), 567-22.4 (455B), 567-22.5(455B), 567-22.8 (455B), 567-22.10 (455B), 567-Chapter 31 or 567-Chapter 33; 2. For application submittals from a minor source as defined in 567-Chapter 30, the department shall not initiate review and processing of a permit application submittal until all required application fees have been paid to the department; and (11) Quantity of greenhouse gas emissions for all applications for projects that will or do have greenhouse gas emissions. For all applications for projects that will not or do not have greenhouse gas emissions, the applicant shall indicate in the application that no greenhouse gases will be emitted and the applicant will not be required to file an inventory of greenhouse gases with that application, unless requested by the department. c. Application requirements for anaerobic lagoons. The application for a permit to construct an anaerobic lagoon shall include the following information: (1) The source of the water being discharged to the lagoon; (2) A plot plan, including distances to nearby residences or occupied buildings, local land use zoning maps of the vicinity, and a general description of the topography in the vicinity of the lagoon; (3) In the case of an animal feeding operation, the information required in 567-Chapter 65; (4) In the case of an industrial source, a chemical description of the waste being discharged to the lagoon; (5) A report of sulfate analyses conducted on the water to be used for any purpose in a livestock operation proposing to use an anaerobic lagoon. The report shall be prepared by using standard methods as defined in 567-60.2 (455B); (6) A description of available water supplies to prove that adequate water is available for dilution; (7) In the case of an animal feeding operation, a waste management plan describing the method of waste collection and disposal and the land to be used for disposal. Evidence that the waste disposal equipment is of sufficient size to dispose of the wastes within a 20-day period per year shall also be provided; (8) Any additional information needed by the department to determine compliance with these rules." scope="agency:567:title:II">exemptions, the most stringent limits must be
applied.
(2)
Resistance welding, submerged arc welding, or arc welding that does not use a
consumable electrode, provided that the base metals do not include stainless
steel, alloys of lead, alloys of arsenic, or alloys of beryllium and provided
that the base metals are uncoated, excluding manufacturing process lubricants.
gg. Electric hand
soldering, wave soldering, and electric solder paste reflow ovens for which
initiation of construction, installation, reconstruction, or
alteration (as
defined in
567-22.1 (455B)) occurred on or
before October 23, 2013. Electric hand soldering, wave soldering, and electric
solder paste reflow ovens for which
initiation of construction, installation,
reconstruction, or
alteration (as defined in 567-2.1(455B)) occurred after
October 23, 2013, shall be limited to 37,000 pounds or less per year of
lead-containing solder. Records shall be maintained on site by the owner or
operator for at least two calendar years to demonstrate that use of
lead-containing solder is less than the exemption thresholds.
hh. Pressurized piping and storage systems
for natural gas, propane, liquefied petroleum gas (LPG), and refrigerants,
where emissions could only result from an upset condition.
ii. Emissions from the storage and mixing of
paints and solvents associated with the painting operations, provided that the
emissions from the storage and mixing are accounted for in an enforceable
permit condition or are otherwise exempt.
jj. Product labeling using laser and ink-jet
printers with target distances less than or equal to six inches and an annual
material throughput of less than 1,000 gallons per year as calculated on a
stationary sourcewide basis.
kk.
Equipment related to
research and development activities at a
stationary
source, provided that:
(1) Actual emissions
from all
research and development activities at the
stationary source based on
a 12-month rolling total are less than the following levels:
1. 2 pounds per year of lead and lead
compounds expressed as lead (40 pounds per year for research and development
activities that commenced on or before October 23, 2013);
2. 5 tons per year of sulfur
dioxide;
3. 5 tons per year of
nitrogen oxides;
4. 5 tons per year
of volatile organic compounds;
5. 5
tons per year of carbon monoxide;
6. 5 tons per year of
particulate matter
(
particulate matter as defined in
40
CFR
51.100(pp) as amended
through November 7, 1986);
7. 2.5
tons per year of PM10;
8. 0.52 tons per year of
PM2.5 (does not apply to research and development
activities that commenced on or before October 23, 2013); and
9. 5 tons per year of hazardous pollutants
(as defined in 567-24.100(455B)); and
(2) The owner or operator maintains records
of actual operations demonstrating that the annual emissions from all
research
and development activities conducted under
this exemption are below the levels
listed in 22.1(2)
"kk"(1). These records shall:
1. Include a list of equipment that is
included under the exemption;
2.
Include records of actual operation and detailed calculations of actual annual
emissions, reflecting the use of any control equipment and demonstrating that
the emissions are below the levels specified in the exemption;
3. Include, if air pollution equipment is
used in the calculation of emissions, a copy of any report of manufacturer's
testing, if available. The department may require a test if it believes that a
test is necessary for the exemption claim; and
4. Be maintained on site for a minimum of two
years, be made available for review during normal business hours and for state
and EPA on-site inspections, and be provided to the director or the director's
designee upon request. Facilities designated as major sources pursuant to
567-22.4 (455B) and
567-24.101(455B), or subject to any applicable federal requirements, shall
retain all records demonstrating compliance with
this exemption for five
years.
(3) An owner or
operator using
this exemption obtains a construction permit or ceases operation
of
equipment if operation of
the equipment would cause the emission levels
listed in
this exemption to be exceeded.
For the purposes of this exemption, "research and development
activities" shall be defined as activities:
1. That are operated under the close
supervision of technically trained personnel;
2. That are conducted for the primary purpose
of theoretical research or research and development into new or improved
processes and products;
3. That do
not manufacture more than de minimus amounts of commercial products;
and
4. That do not contribute to
the manufacture of commercial products by collocated sources in more than a de
minimus manner.
ll. A regional collection center (RCC), as
defined in 567-Chapter 211, involved in the processing of permitted hazardous
materials from households and conditionally exempt small quantity generators
(CESQG), not to exceed 1,200,000 pounds of VOC-containing material in a
12-month rolling period. Latex paint drying may not exceed 120,000 pounds per
year on a 12-month rolling total. Other nonprocessing emission units (e.g.,
standby generators and waste oil heaters) shall not be eligible to use this
exemption.
mm. Cold solvent
cleaning machines that are not in-line cleaning machines, where the maximum
vapor pressure of the solvents used shall not exceed 0.7 kPa (5 mmHg or 0.1
psi) at 20°C (68°F). The machine must be equipped with a tightly fitted
cover or lid that shall be closed at all times except during parts entry and
removal. This exemption cannot be used for cold solvent cleaning machines that
use solvent containing methylene chloride (CAS # 75-09-2), perchloroethylene
(CAS # 127-18-4), trichloroethylene (CAS # 79-01-6), 1,1,1-trichloroethane (CAS
# 71-55-6), carbon tetrachloride (CAS # 56-23-5) or chloroform (CAS # 67-66-3),
or any combination of these halogenated HAP solvents in a total concentration
greater than 5 percent by weight.
nn. Emissions from mobile over-the-road
trucks, and mobile agricultural and construction internal combustion engines
that are operated only for repair or maintenance purposes at equipment repair
shops or equipment dealerships, and only when the repair shops or equipment
dealerships are not major sources as defined in 567-24.100(455B).
oo. A nonroad diesel fueled engine, as
"nonroad engine" is defined in
40
CFR Section
1068.30 as amended through January 24, 2023,
with a brake horsepower rating of less than 1,100 at full load measured at the
shaft, used to conduct periodic testing and maintenance on natural gas
pipelines. For the purposes of
this exemption, the manufacturer's nameplate
rating shall be defined as the brake horsepower output at the shaft at full
load.
(1) To qualify for the exemption, the
engine must:
1. Be used for periodic testing
and maintenance on natural gas pipelines outside the compressor station, which
shall not exceed 330 hours in any 12-month consecutive period at a single
location; or
2. Be used for
periodic testing and maintenance on natural gas pipelines within the compressor
station, which shall not exceed 330 hours in any 12-month consecutive
period.
(2) The owner or
operator shall maintain a monthly record of the number of hours the engine
operated and a record of the rolling 12-month total of the number of hours the
engine operated for each location outside the compressor station and within the
compressor station. These records shall be maintained for two years. Records
shall be made available to the department upon request.
(3) This exemption shall not apply to the
replacement or substitution of engines for backup power generation at a
pipeline compressor station.
(3)
Construction permits. The owner or operator of a new or
modified
stationary source shall apply for a construction permit.
Construction
permit applications, including the information referenced above and in
567-22.1 (455B) through
567-22.10 (455B), shall be
submitted in the electronic format specified by the department, if
electronic
submittal is provided.
The owner or operator of any new or modified industrial
anaerobic lagoon shall apply for a construction permit as specified in this
subrule and as provided in 567-Chapter 22. The owner or operator of a new or
modified anaerobic lagoon for an animal feeding operation shall apply for a
construction permit as provided in 567-Chapter 65.
a.
Regulatory applicability
determinations. If requested in writing, the director will review the
design concepts of
equipment and associated
control equipment prior to
application for a construction permit. The purpose of the review would be to
determine the acceptability of the location of
the equipment. If the review is
requested, the requester shall supply the following information and submit a
fee as required in 567-Chapter 30:
(1)
Preliminary plans and specifications of equipment and related control
equipment.
(2) The exact site
location and a plot plan of the immediate area, including the distance to and
height of nearby buildings and the estimated location and elevation of the
emission points.
(3) The estimated
emission rates of any air contaminants that are to be considered.
(4) The estimated exhaust gas temperature,
velocity at the point of discharge, and stack diameter at the point of
discharge.
(5) An estimate of when
construction would begin and when construction would be completed.
b.
Construction permit
applications. Each application for a construction permit shall be
submitted to the department. Final plans and specifications for the proposed
equipment or related
control equipment shall be submitted with the application
for a permit and shall be prepared by or under the direct supervision of a
professional engineer licensed in the state of Iowa in conformance with Iowa
Code section
542B.1, or consistent with the
provisions of Iowa Code section 542B.26 for any full-time employee of any
corporation while the employee is doing work for that corporation. The
application for a permit to construct shall include the following information:
(1) A description of the equipment or control
equipment covered by the application;
(2) A scaled plot plan, including the
distance and height of nearby buildings, and the location and elevation of
existing and proposed emission points;
(3) The composition of the effluent stream,
both before and after any control equipment with estimates of emission rates,
concentration, volume and temperature;
(4) The physical and chemical characteristics
of the air contaminants;
(5) The
proposed dates and description of any tests to be made by the owner or operator
of the completed installation to verify compliance with applicable emission
limits or standards of performance;
(6) Information pertaining to sampling port
locations, scaffolding, power sources for operation of appropriate sampling
instruments, and pertinent allied facilities for making tests to ascertain
compliance;
(7) Any additional
information deemed necessary by the department to determine compliance with or
applicability of
567-22.4 (455B),
567-22.5 (455B),
567-31.3 (455B) and
567-33.3(455B);
(8)
Reserved.
(9) A signed statement
that ensures the applicant's legal entitlement to install and operate equipment
covered by the permit application on the property identified in the permit
application. A signed statement shall not be required for rock crushers,
portable concrete or asphalt equipment used in conjunction with specific
identified construction projects that are intended to be located at a site only
for the duration of the specific, identified construction project;
and
(10) Application fee.
1. The owner or operator shall submit a fee
as required in 567-Chapter 30 to obtain a permit under 22.1(1),
567-22.4 (455B), 567-22.5(455B),
567-22.8 (455B),
567-22.10 (455B), 567-Chapter 31
or 567-Chapter 33;
2. For
application submittals from a minor source as defined in 567-Chapter 30, the
department shall not initiate review and processing of a permit application
submittal until all required application fees have been paid to the department;
and
(11) Quantity of
greenhouse gas emissions for all applications for projects that will or do have
greenhouse gas emissions. For all applications for projects that will not or do
not have greenhouse gas emissions, the applicant shall indicate in the
application that no greenhouse gases will be emitted and the applicant will not
be required to file an inventory of greenhouse gases with that application,
unless requested by the department.
c.
Application requirements for
anaerobic lagoons. The application for a permit to construct an
anaerobic lagoon shall include the following information:
(1) The source of the water being discharged
to the lagoon;
(2) A plot plan,
including distances to nearby residences or occupied buildings, local land use
zoning maps of the vicinity, and a general description of the topography in the
vicinity of the lagoon;
(3) In the
case of an animal feeding operation, the information required in 567-Chapter
65;
(4) In the case of an
industrial source, a chemical description of the waste being discharged to the
lagoon;
(5) A report of sulfate
analyses conducted on the water to be used for any purpose in a livestock
operation proposing to use an anaerobic lagoon. The report shall be prepared by
using standard methods as defined in
567-60.2 (455B);
(6) A description of available water supplies
to prove that adequate water is available for dilution;
(7) In the case of an animal feeding
operation, a waste management plan describing the method of waste collection
and disposal and the land to be used for disposal. Evidence that the waste
disposal equipment is of sufficient size to dispose of the wastes within a
20-day period per year shall also be provided;
(8) Any additional information needed by the
department to determine compliance with these rules.
