The requirements of this rule apply only to country grain
elevators, country grain terminal elevators, grain terminal elevators and feed
mill equipment, as these terms are defined in 22.10(1). This rule does not
apply to equipment located at grain processing plants or grain storage
elevators, as "grain processing" and "grain storage elevator" are defined in
567-22.1 (455B). Compliance with
the requirements of this rule does not alleviate any affected person's duty to
comply with any applicable state or federal regulations. In particular, the
emission standards set forth in 567-Chapter 23, including the regulations for
grain elevators contained in 40 CFR Part 60, Subpart DD (as adopted by
reference in 567-paragraph 23.1(2)"ooo"), may apply. An owner
or operator subject to this rule shall submit fees as required in 567-Chapter
30.
(1)
Definitions.
For purposes of
567-22.10 (455B), the following
terms shall have the meanings indicated in this subrule.
"Country grain elevator" means any plant or
installation at which grain is unloaded, handled, cleaned, dried, stored, or
loaded and that meets the following criteria:
1. Receives more than 50 percent of its
grain, as "grain" is defined in this subrule, from farmers in the immediate
vicinity during harvest season;
2.
Is not located at any wheat flour mill, wet corn mill, dry corn mill (human
consumption), rice mill, or soybean oil extraction plant.
"Country grain terminal elevator" means any
plant or installation at which grain is unloaded, handled, cleaned, dried,
stored, or loaded and that meets the following criteria:
1. Receives 50 percent or less of its grain,
as "grain" is defined in this subrule, from farmers in the immediate vicinity
during harvest season;
2. Has a
permanent storage capacity of less than or equal to 2.5 million U.S. bushels,
as "permanent storage capacity" is defined in this subrule;
3. Is not located at any wheat flour mill,
wet corn mill, dry corn mill (human consumption), rice mill, or soybean oil
extraction plant.
"Feed mill equipment," for purposes of
567-22.10 (455B), means grain
processing equipment that is used to make animal feed including, but not
limited to, grinders, crackers, hammermills, and pellet coolers, and that is
located at a country grain elevator, country grain terminal elevator or grain
terminal elevator.
"Grain," as set forth in Iowa Code section
203.1(9), means
any grain for which the United States Department of Agriculture has established
standards including, but not limited to, corn, wheat, oats, soybeans, rye,
barley, grain sorghum, flaxseeds, sunflower seed, spelt (emmer), and field
peas.
"Grain processing" means the same as defined
in 567-22.1 (455B).
"Grain storage elevator" means the same as
defined in 567-22.1 (455B).
"Grain terminal elevator," for purposes of
567-22.10 (455B), means any
plant or installation at which grain is unloaded, handled, cleaned, dried,
stored, or loaded and that meets the following criteria:
1. Receives 50 percent or less of its grain,
as "grain" is defined in this subrule, from farmers in the immediate vicinity
during harvest season;
2. Has a
permanent storage capacity of more than 88,100 m3
(2.5 million U.S. bushels), as "permanent storage capacity" is defined in this
subrule;
3. Is not located at an
animal food manufacturer, pet food manufacturer, cereal manufacturer, brewery,
or livestock feedlot;
4. Is not
located at any wheat flour mill, wet corn mill, dry corn mill (human
consumption), rice mill, or soybean oil extraction plant.
"Permanent storage capacity" means grain
storage capacity that is inside a building, bin, or silo.
(2)
Methods for determining potential
to emit (PTE). The owner or operator of a
country grain elevator,
country grain terminal elevator, grain terminal elevator or feed mill
equipment
shall use the following methods for calculating the PTE for
particulate matter
(PM) and for
particulate matter with an aerodynamic diameter less than or equal
to 10 microns (PM
10):
a.
Country grain elevators.
The owner or operator of a
country grain elevator shall calculate the PTE for
PM and PM
10 as specified in the definition of "
potential
to emit" in
567-22.1 (455B), except that
"maximum capacity" means the greatest amount of grain received at the
country
grain elevator during one calendar, 12-month period of the previous five
calendar, 12-month periods, multiplied by an adjustment factor of 1.2. The
owner or operator may make additional adjustments to the calculations for air
pollution control of PM and PM
10 if the owner or
operator submits the calculations to the department using the PTE calculation
tool provided by the department, and only if the owner or operator fully
implements the applicable air pollution control measures no later than March
31, 2009, or upon startup of
the equipment, whichever event first occurs.
Credit for the application of some best management practices, as specified in
22.10(3) or in a permit issued by the department, may also be used to make
additional adjustments in the PTE for PM and PM
10 if the
owner or operator submits the calculations to the department using the PTE
calculation tool provided by the department, and only if the owner or operator
fully implements the applicable best management practices no later than March
31, 2009, or upon startup of
the equipment, whichever event first
occurs.
b.
Country grain
terminal elevators. The owner or operator of a country grain terminal
elevator shall calculate the PTE for PM and PM
10 as
specified in the definition of "
potential to emit" in
567-22.1 (455B).
c.
Grain terminal elevators.
For purposes of the permitting and other requirements specified in 22.10(3),
the owner or operator of a grain terminal elevator shall calculate the PTE for
PM and PM
10 as specified in the definition of "
potential
to emit" in
567-22.1 (455B). For purposes of
determining whether the
stationary source is subject to the PSD requirements
set forth in 567-Chapter 33, or for determining whether the source is subject
to the operating permit requirements set forth in 567-24.100(455B) through
567-24.300(455B), the owner or operator of a grain terminal elevator shall
include
fugitive emissions, as "
fugitive emissions" is defined in 567-subrule
33.3(1) and in 567-24.100(455B), in the PTE calculation.
d.
Feed mill equipment. The
owner or operator of feed mill
equipment, as "feed mill
equipment" is defined
in 22.10(1), shall calculate the PTE for PM and PM
10 for
the feed mill
equipment as specified in the definition of "
potential to emit"
in
567-22.1 (455B). For purposes of
determining whether the
stationary source is subject to the PSD requirements
set forth in 567-Chapter 33, or for determining whether the
stationary source
is subject to the operating permit requirements set forth in 567-24.100(455B)
through 567-24.300(455B), the owner or operator of feed mill
equipment shall
sum the PTE of the feed mill
equipment with the PTE of the
country grain
elevator, country grain terminal elevator or grain terminal elevator.
(3)
Classification and requirements for permits, emissions controls,
recordkeeping and reporting for Group 1, Group 2, Group 3 and Group 4 grain
elevators. The requirements for
construction permits, operating
permits, emissions controls, recordkeeping and reporting for a
stationary
source that is a
country grain elevator, country grain terminal elevator or
grain terminal elevator are set forth in this subrule.
a.
Group 1 facilities. A
country grain elevator, country grain terminal elevator or grain terminal
elevator may qualify as a Group 1
facility if the PTE at the
stationary source
is less than 15 tons of PM
10 per year, as PTE is
specified in 22.10(2). For purposes of this paragraph, an "existing" Group 1
facility is one that commenced construction or reconstruction before February
6, 2008. A "new" Group 1
facility is one that commenced construction or
reconstruction on or after February 6, 2008.
(1) Group 1 registration. The owner or
operator of a Group 1
facility shall submit to the department a Group 1
registration, including PTE calculations, on forms provided by the department,
certifying that the
facility's PTE is less than 15 tons of
PM
10 per year. The owner or operator of an existing
facility shall provide the Group 1 registration to the department on or before
March 31, 2008. The owner or operator of a new
facility shall provide the Group
1 registration to the department prior to initiating construction or
reconstruction of a
facility. The registration becomes effective upon the
department's receipt of the signed registration form and the PTE calculations.
1. If the owner or operator registers with
the department as specified in 22.10(3)"a"(1), the owner or
operator is exempt from the requirement to obtain a construction permit as
specified under 22.1(1).
2. Upon
department receipt of a Group 1 registration and PTE calculations, the owner or
operator is allowed to add, remove and modify the emissions units or change
throughput or operations at the facility without modifying the Group 1
registration, provided that the owner or operator calculates the PTE for
PM10 on forms provided by the department prior to making
any additions to, removals of or modifications to equipment, and only if the
facility continues to meet the emissions limits and operating limits (including
restrictions on material throughput and hours of operation, if applicable, as
specified in the PTE for PM10 calculations) specified in
the Group 1 registration.
3. If
equipment at a Group 1 facility currently has an air construction permit issued
by the department, that permit shall remain in full force and effect, and the
permit shall not be invalidated by the subsequent submittal of a registration
made pursuant to 22.10(3)"a"(1).
(2) Best management practices (BMP). The
owner or operator of a Group 1 facility shall implement BMP for controlling air
pollution at the facility and for limiting fugitive dust at the facility from
crossing the property line. The owner or operator shall implement BMP according
to the department manual, Best Management Practices (BMP) for Grain Elevators
(December 2007; revised July 15, 2014), as adopted by the commission on January
15, 2008, and July 15, 2014, and adopted by reference herein (available from
the department, upon request, and on the department's Internet website). No
later than March 31, 2009, the owner or operator of an existing Group 1
facility shall fully implement applicable BMP, except that BMPs for grain
vacuuming operations shall be fully implemented no later than September 10,
2014. Upon startup of equipment at the facility, the owner or operator of a new
Group 1 facility shall fully implement applicable BMP.
(3) Recordkeeping. The owner or operator of a
Group 1 facility shall retain a record of the previous five calendar years of
total annual grain handled and shall calculate the facility's potential
PM10 emissions annually by January 31 for the previous
calendar year. These records shall be kept on site for a period of five years
and shall be made available to the department upon request.
(4) Emissions increases. The owner or
operator of a Group 1 facility shall calculate any emissions increases prior to
making any additions to, removals of or modifications to equipment. If the
owner or operator determines that PM10 emissions at a
Group 1 facility will increase to 15 tons per year or more, the owner or
operator shall comply with the requirements set forth for Group 2, Group 3 or
Group 4 facilities, as applicable, prior to making any additions to, removals
of or modifications to equipment.
(5) Changes to facility classification or
permanent grain storage capacity. If the owner or operator of a Group 1
facility plans to change the facility's operations or increase the facility's
permanent grain storage capacity to more than 2.5 million U.S. bushels, the
owner or operator, prior to making any changes, shall reevaluate the facility's
classification and the allowed method for calculating PTE to determine if any
increases to the PTE for PM10 will occur. If the
proposed change will alter the facility's classification or will increase the
facility's PTE for PM10 such that the facility PTE
increases to 15 tons per year or more, the owner or operator shall comply with
the requirements set forth for Group 2, Group 3 or Group 4 facilities, as
applicable, prior to making the change.
b.
Group 2 facilities. A
country grain elevator, country grain terminal elevator or grain terminal
elevator may qualify as a Group 2
facility if the PTE at the
stationary source
is greater than or equal to 15 tons of PM10 per year and is less than or equal
to 50 tons of PM10 per year, as PTE is specified in 22.10(2). For purposes of
this paragraph, an "existing" Group 2
facility is one that commenced
construction, modification or reconstruction before February 6, 2008. A "new"
Group 2
facility is one that commenced construction or reconstruction on or
after February 6, 2008.
(1) Group 2 permit
for grain elevators. The owner or operator of a Group 2
facility may, in lieu
of obtaining air
construction permits for each piece of emissions
equipment at
the
facility, submit to the department a completed Group 2 permit application
for grain elevators, including PTE calculations, on forms provided by the
department. Alternatively, the owner or operator may obtain an air construction
permit as specified under 22.1(1). The owner or operator of an existing
facility shall provide the appropriate completed Group 2 permit application for
grain elevators or the appropriate
construction permit applications to the
department on or before March 31, 2008. The owner or operator of a new
facility
shall provide the appropriate, completed Group 2 permit application for grain
elevators or the appropriate
construction permit applications to the department
prior to initiating construction or reconstruction of a
facility.
1. Upon department issuance of a Group 2
permit to a facility, the owner or operator is allowed to add, remove and
modify the emissions units at the facility, or change throughput or operations,
without modifying the Group 2 permit, provided that the owner or operator
calculates the PTE for PM10 prior to making any
additions to, removals of or modifications to equipment, and only if the
facility continues to meet the emissions limits and operating limits (including
restrictions on material throughput and hours of operation, if applicable, as
specified in the PTE for PM10 calculations) specified in
the Group 2 permit.
2. If a Group 2
facility currently has an air construction permit issued by the department,
that permit shall remain in full force and effect, and the permit shall not be
invalidated by the subsequent submittal of a Group 2 permit application for
grain elevators made pursuant to this rule. However, the owner or operator of a
Group 2 facility may request that the department incorporate any equipment with
a previously issued construction permit into the Group 2 permit for grain
elevators. The department will grant such requests on a case-by-case basis. If
the department grants the request to incorporate previously permitted equipment
into the Group 2 permit for grain elevators, the owner or operator of the Group
2 facility is responsible for requesting that the department rescind any
previously issued construction permits.
(2) BMP. The owner or operator shall
implement BMP, as specified in the Group 2 permit, for controlling air
pollution at the source and for limiting fugitive dust at the source from
crossing the property line. If the department revises the BMP requirements for
Group 2 facilities after a facility is issued a Group 2 permit, the owner or
operator of the Group 2 facility may request that the department modify the
facility's Group 2 permit to incorporate the revised BMP requirements. The
department will issue permit modifications to incorporate BMP revisions on a
case-by-case basis. No later than March 31, 2009, the owner or operator of an
existing Group 2 facility shall fully implement BMP, as specified in the Group
2 permit. Upon startup of equipment at the facility, the owner or operator of a
new Group 2 facility shall fully implement BMP, as specified in the Group 2
permit.
(3) Recordkeeping. The
owner or operator of a Group 2 facility shall retain all records as specified
in the Group 2 permit.
(4)
Emissions inventory. The owner or operator of a Group 2 facility shall submit
an emissions inventory for the facility for all regulated air pollutants as
specified under 567-subrule 21.1(3).
(5) Emissions increases. The owner or
operator of a Group 2 facility shall calculate any emissions increases prior to
making any additions to, removals of or modifications to equipment. If the
owner or operator determines that potential PM10
emissions at a Group 2 facility will increase to more than 50 tons per year,
the owner or operator shall comply with the requirements set forth for Group 3
or Group 4 facilities, as applicable, prior to making any additions to,
removals of or modifications to equipment.
(6) Changes to facility classification or
permanent grain storage capacity. If the owner or operator of a Group 2
facility plans to change the facility's operations or increase the facility's
permanent grain storage capacity to more than 2.5 million U.S. bushels, the
owner or operator, prior to making any changes, shall reevaluate the facility's
classification and the allowed method for calculating PTE to determine if any
increases to the PTE for PM10 will occur. If the
proposed change will increase the facility's PTE for
PM10 such that the facility PTE increases to more than
50 tons per year, the owner or operator shall comply with the requirements set
forth for Group 3 or Group 4 facilities, as applicable, prior to making the
change.
c.
Group
3 facilities. A
country grain elevator, country grain terminal
elevator or grain terminal elevator may qualify as a Group 3
facility if the
PTE for PM
10 at the
stationary source is greater than 50
tons per year, but is less than 100 tons of PM
10 per
year, as PTE is specified in 22.10(2). For purposes of this paragraph, an
"existing" Group 3
facility is one that commenced construction, modification or
reconstruction before February 6, 2008. A "new" Group 3
facility is one that
commenced construction or reconstruction on or after February 6, 2008.
(1) Air construction permit. The owner or
operator of a Group 3 facility shall obtain the required construction permits
as specified under 22.1(1). The owner or operator of an existing facility shall
provide the construction permit applications, as specified in 22.1(3), to the
department on or before March 31, 2008. The owner or operator of a new facility
shall obtain the required permits, as specified in 22.1(1), from the department
prior to initiating construction or reconstruction of a facility.
(2) Permit conditions. Construction permit
conditions for a Group 3
facility shall include, but are not limited to, the
following:
1. The owner or operator shall
implement BMP, as specified in the permit, for controlling air pollution at the
source and for limiting fugitive dust at the source from crossing the property
line. If the department revises the BMP requirements for Group 3 facilities
after a facility is issued a permit, the owner or operator of the Group 3
facility may request that the department modify the facility's permit to
incorporate the revised BMP requirements. The department will issue permit
modifications to incorporate BMP revisions on a case-by-case basis.
2. The owner or operator shall retain all
records as specified in the permit.
(3) Emissions inventory. The owner or
operator shall submit an emissions inventory for the facility for all regulated
air pollutants as specified under 567-subrule 21.1(3).
(4) Changes to facility classification or
permanent grain storage capacity. If the owner or operator of a Group 3
facility plans to change its operations or increase the facility's permanent
grain storage capacity to more than 2.5 million U.S. bushels, the owner or
operator, prior to making any changes, shall reevaluate the facility's
classification and the allowed method for calculating PTE to determine if any
increases to the PTE for PM10 will occur. If the
proposed change will alter the facility's classification or will increase the
facility's PTE for PM10 such that the facility PTE
increases to greater than or equal to 100 tons per year, the owner or operator
shall comply with the requirements set forth for Group 4 facilities, as
applicable, prior to making the change.
(5) PSD applicability. If the PTE for PM or
PM10 at the Group 3 facility is greater than or equal to
250 tons per year, the owner or operator shall comply with requirements
specified in 567-Chapter 33, as applicable. The owner or operator of a Group 3
facility that is a grain terminal elevator shall include fugitive emissions, as
"fugitive emissions" is defined in 567-subrule 33.3(1), in the PTE calculation
for determining PSD applicability.
(6) Recordkeeping. The owner or operator
shall keep the records of annual grain handled at the facility and annual PTE
for PM and PM10 emissions on site for a period of five
years, and the records shall be made available to the department upon
request.
d.
Group 4 facilities. A
facility qualifies as a Group 4
facility if the
facility is a
stationary source with a PTE equal to or greater than 100 tons of
PM
10 per year, as PTE is specified in 22.10(2). For
purposes of this paragraph, an "existing" Group 4
facility is one that
commenced construction, modification or reconstruction before February 6, 2008.
A "new" Group 4
facility is one that commenced construction or reconstruction
on or after February 6, 2008.
(1) Air
construction permit. The owner or operator of a Group 4 facility shall obtain
the required construction permits as specified under 22.1(1). The owner or
operator of an existing facility shall provide the construction permit
applications, as specified by 22.1(3), to the department on or before March 31,
2008. The owner or operator of a new facility shall obtain the required
permits, as specified by 22.1(1), from the department prior to initiating
construction or reconstruction of a facility.
(2) Permit conditions. Construction permit
conditions for a Group 4
facility shall include, but are not limited to, the
following:
1. The owner or operator shall
implement BMP, as specified in the permit, for controlling air pollution at the
facility and for limiting fugitive dust at the facility from crossing the
property line. If the department revises the BMP requirements for Group 4
facilities after a facility is issued a permit, the owner or operator of the
Group 4 facility may request that the department modify the facility's permit
to incorporate the revised BMP requirements. The department will issue permit
modifications to incorporate BMP revisions on a case-by-case basis.
2. The owner or operator shall retain all
records as specified in the permit.
(3) PSD applicability. If the PTE for PM or
PM10 at the facility is equal to or greater than 250
tons per year, the owner or operator shall comply with requirements specified
in 567-Chapter 33, as applicable. The owner or operator of a Group 4 facility
that is a grain terminal elevator shall include fugitive emissions, as
"fugitive emissions" is defined in 567-subrule 33.3(1), in the PTE calculation
for determining PSD applicability.
(4) Recordkeeping. The owner or operator
shall keep the records of annual grain handled at the facility and annual PTE
for PM and PM10 emissions on site for a period of five
years, and the records shall be made available to the department upon
request.
(5) Operating permits. The
owner or operator of a Group 4
facility shall apply for an operating permit for
the
facility if the
facility's annual PTE for PM
10 is
equal to or greater than 100 tons per year as specified in 567-24.100(455B)
through 567-24.300(455B). The owner or operator of a Group 4
facility that is a
grain terminal elevator shall include
fugitive emissions in the calculations to
determine if the PTE for PM
10 is greater than or equal
to 100 tons per year. The owner or operator also shall submit annual emissions
inventories and fees, as specified in
567-22.106
(455B).
(4)
Feed mill equipment. This subrule sets forth the requirements
for
construction permits, operating permits, and emissions inventories for an
owner or operator of feed mill
equipment as "feed mill
equipment" is defined in
22.10(1). For purposes of this subrule, the owner or operator of "existing"
feed mill
equipment shall have commenced construction or reconstruction of the
feed mill
equipment before February 6, 2008. The owner or operator of "new"
feed mill
equipment shall have commenced construction or reconstruction of the
feed mill
equipment on or after February 6, 2008.
a.
Air construction permit.
The owner or operator of feed mill equipment shall obtain an air construction
permit as specified under 22.1(1) for each piece of feed mill equipment that
emits a regulated air pollutant. The owner or operator of "existing" feed mill
equipment shall provide the appropriate permit applications to the department
on or before March 31, 2008. The owner or operator of "new" feed mill equipment
shall provide the appropriate permit applications to the department prior to
initiating construction or reconstruction of feed mill equipment.
b.
Emissions inventory. The
owner or operator shall submit an emissions inventory for the feed mill
equipment for all regulated air pollutants as specified under 567-subrule
21.1(3).
c.
Operating
permits. The owner or operator shall sum the PTE of the feed mill
equipment with the PTE of
the equipment at the
country grain elevator, country
grain terminal elevator or grain terminal elevator, as PTE is specified in
22.10(2), to determine if operating permit requirements specified in
567-24.100(455B) through 567-24.300(455B) apply to the
stationary source. If
the operating permit requirements apply, then the owner or operator shall apply
for an operating permit as specified in 567-24.100(455B) through
567-24.300(455B). The owner or operator also shall begin submitting annual
emissions inventories and fees, as specified under
567-22.106 (455B).
d.
PSD applicability. For
purposes of determining whether the stationary source is subject to the PSD
requirements set forth in 567-Chapter 33, the owner or operator shall sum the
PTE of the feed mill equipment with the PTE of the equipment at the country
grain elevator, country grain terminal elevator or grain terminal elevator. If
the PTE for PM or PM10 for the stationary source is
equal to or greater than 250 tons per year, the owner or operator shall comply
with requirements for PSD specified in 567-Chapter 33, as
applicable.