For purposes of this chapter and unless otherwise stated, the
following terms shall have the meaning indicated in this rule:
"12-month rolling period" means the same as
defined in 567-22.1 (455B).
" 40 CFR Part 70 " means Part 70 or any
specific section within Part 70 that is cited in this chapter, as amended
through May 6, 2020, unless otherwise noted.
" 40 CFR Part 72 " means Part 72 or any
specific section within Part 72 that is cited in this chapter, as amended
through March 28, 2011, unless otherwise noted.
"Act" means the U.S. Clean Air Act
(42 U.S.C. §
7401, et seq.), as amended through November
15, 1990.
"Actual emissions" means the actual rate of
emissions of a pollutant from an emissions unit, as determined in accordance
with the following:
1. In general,
actual emissions as of a particular date shall equal the average rate, in tons
per year, at which the unit actually emitted the pollutant during a two-year
period that immediately precedes that date and that is representative of normal
source operations. The director may allow the use of a different time period
upon a demonstration that it is more representative of normal source
operations. Actual emissions shall be calculated using the unit's actual
operating hours, production rates, and types of materials processed, stored or
combusted during the selected time period. Actual emissions for acid
rain-affected sources are calculated using a one-year period.
2. Lacking specific information to the
contrary, the director may presume that source-specific allowable emissions for
the unit are equivalent to the actual emissions of the unit.
3. For any emissions unit that has not begun
normal operations on a particular date, actual emissions shall equal the
potential to emit of the unit on that date.
4. For purposes of calculating early
reductions of hazardous air pollutants, actual emissions shall not include
excess emissions resulting from a malfunction or from startups and shutdowns
associated with a malfunction.
Actual emissions for purposes of determining fees shall be
the actual emissions calculated over a period of one year.
"Administrator" means the administrator for
the United States Environmental Protection Agency (EPA) or designee.
"Affected source," as this definition is set
forth in 40 CFR §
70.2, is adopted by reference.
"Affected state," as this definition is set
forth in 40 CFR §
70.2, is adopted by reference.
"Affected unit," as this definition is set
forth in 40 CFR §
70.2, is adopted by reference.
"Allowable emissions" means the emission
rate of a stationary source calculated using both the maximum rated capacity of
the source, unless the source is subject to federally enforceable limits that
restrict the operating rate or hours of operation, and the most stringent of
the following:
1. The applicable new
source performance standards or national emissions standards for hazardous air
pollutants, contained in 567-subrules 23.1(2), 23.1(3), and 23.1(4);
2. The applicable existing source emission
standard contained in 567-Chapter 23; or
3. The emissions rate specified in the air
construction permit for the source.
"Allowance," as this definition is set forth
in 40 CFR §
72.2, is adopted by reference.
"Applicable requirement," as this definition
is set forth in 40 CFR
§
70.2, is adopted by reference.
"Area source" means any stationary source of
hazardous air pollutants that is not a major source as defined in
567-24.100 (455B).
"CFR" means the Code of Federal Regulations,
with standard references in this chapter by Title and Part, so that " 40 CFR 51
" means "Title 40 of the Code of Federal Regulations, Part 51."
"Country grain elevator" means the same as
defined in 567-subrule 22.10(1).
"Designated representative" means a
responsible natural person authorized by the owner(s) or operator(s) of an
affected source and of all affected units at the source, as evidenced by a
certificate of representation submitted in accordance with Subpart B of 40 CFR
Part 72, to represent and legally bind each owner and operator, as a matter of
federal law, in matters pertaining to the acid rain program. Whenever the term
"responsible official" is used in Chapter 24, it shall be deemed to refer to
the designated representative with regard to all matters under the acid rain
program.
"Draft Title V permit," as this definition
is set forth in 40 CFR
§
70.2, is adopted by reference.
"Electronic format," "electronic submittal,"
and"electronic submittal format" mean the same as defined in
567-22.1 (455B).
"Emergency generator" means the same as
defined in 567-22.1 (455B).
"Emissions allowable under the permit," as
this definition is set forth in
40 CFR §
70.2, is adopted by reference.
"Emissions unit," as this definition is set
forth in 40 CFR §
70.2, is adopted by reference.
"EPA conditional method" means the same as
defined in 567-22.1 (455B).
"EPA reference method" means the same as
defined in 567-22.1 (455B).
"Existing hazardous air pollutant source"
means any source as defined in 40 CFR 61 as adopted by reference in 567-subrule
23.1(3) and 40 CFR §
63.72 as adopted by reference in 567-subrule
23.1(4) with respect to Section 112(i)(5) of the Act, the construction or
reconstruction of which commenced prior to proposal of an applicable Section
112(d) standard.
"Facility" means, with reference to a
stationary source, any apparatus that emits or may emit any air pollutant or
contaminant.
"Federal implementation plan" means a plan
promulgated by the Administrator to fill all or a portion of a gap or otherwise
correct all or a portion of an inadequacy in a state implementation plan, and
that includes enforceable emission limitations or other control measures,
means, or techniques and provides for attainment of the relevant national
ambient air quality standard.
"Federally enforceable" means all
limitations and conditions that are enforceable by the Administrator, including
but not limited to the requirements of the new source performance standards and
national emission standards for hazardous air pollutants contained in
567-subrules 23.1(2), 23.1(3), and 23.1(4); the requirements of such other
state rules or orders approved by the Administrator for inclusion in the SIP;
and any construction, Title V or other federally approved operating permit
conditions.
"Final Title V permit" means the version of
a Title V permit issued by the department that has completed all required
review procedures.
"Fugitive emissions" are those emissions
that could not reasonably pass through a stack, chimney, vent or other
functionally equivalent opening.
"Hazardous air pollutant" means any of the
air pollutants listed in Section 112 of the Act and
40 CFR §
63.2 as adopted by reference in 567-subrule
23.1(4).
"High-risk pollutant" means one of the
hazardous air pollutants listed in Table 1 in
40 CFR §
63.74 as adopted by reference in 567-subrule
23.1(4).
"Major source" means any stationary source
(or any group of stationary sources located on one or more contiguous or
adjacent properties and under common control of the same person or of persons
under common control) belonging to a single major industrial grouping that is
any of the following:
1. A major
stationary source of air pollutants, as defined in Section 302 of the Act, that
directly emits or has the potential to emit 100 tons per year (tpy) or more of
any air pollutant subject to regulation (including any major source of fugitive
emissions of any such pollutant). The fugitive emissions of a stationary source
shall not be considered in determining whether it is a major stationary source
for the purposes of Section 302(j) of the Act, unless the source belongs to one
of the stationary source categories listed in this chapter.
2. A
major source of hazardous air pollutants
according to Section 112 of the
Act as follows:
* For pollutants other than radionuclides, any stationary
source or group of stationary sources located within a contiguous area and
under common control that emits or has the potential to emit, in the aggregate,
10 tpy or more of any hazardous air pollutant that has been listed pursuant to
Section 112(b) of the Act and these rules or 25 tpy or more of any combination
of such hazardous air pollutants. Notwithstanding the previous sentence,
emissions from any oil or gas exploration or production well (with its
associated equipment) and emission from any pipeline compressor or pump station
shall not be aggregated with emissions from other similar units, whether or not
such units are in a contiguous area or under common control, to determine
whether such units or stations are major sources.
* For Title V purposes, all fugitive emissions of hazardous
air pollutants are to be considered in determining whether a stationary source
is a major source.
* For radionuclides, "major source" shall have the meaning
specified by the Administrator by rule.
3. A major
stationary source as defined in
Part D of Title I of the
Act, including:
* For ozone nonattainment areas, sources with the potential
to emit 100 tpy or more of volatile organic compounds or oxides of nitrogen in
areas classified or treated as classified as "marginal" or "moderate," 50 tpy
or more in areas classified or treated as classified as "serious," 25 tpy or
more in areas classified or treated as classified as "severe" and 10 tpy or
more in areas classified or treated as classified as "extreme"; except that the
references in this paragraph to 100, 50, 25, and 10 tpy of nitrogen oxides
shall not apply with respect to any source for which the Administrator has made
a finding, under Section 182(f)(1) or (2) of the Act, that requirements under
Section 182(f) of the Act do not apply;
* For ozone transport regions established pursuant to Section
184 of the Act, sources with potential to emit 50 tpy or more of volatile
organic compounds;
* For carbon monoxide nonattainment areas (1) that are
classified or treated as classified as "serious" and (2) in which stationary
sources contribute significantly to carbon monoxide levels, and sources with
the potential to emit 50 tpy or more of carbon monoxide;
* For particulate matter (PM10),
nonattainment areas classified or treated as classified as "serious," sources
with the potential to emit 70 tpy or more of
PM10;
* For the purposes of defining "major source," a stationary
source or group of stationary sources shall be considered part of a single
industrial grouping if all of the pollutant emitting activities at such source
or group of sources on contiguous or adjacent properties belong to the same
major group (i.e., all have the same two-digit code) as described in the
Standard Industrial Classification Manual, 1987.
"Manually operated equipment" means a
machine or tool that is handheld, such as a handheld circular saw or compressed
air chisel; a machine or tool for which the work piece is held or manipulated
by hand, such as a bench grinder; a machine or tool for which the tool or bit
is manipulated by hand, such as a lathe or drill press; and any dust collection
system that is part of such machine or tool; but not including any machine or
tool for which the extent of manual operation is to control power to the
machine or tool and not including any central dust collection system serving
more than one machine or tool.
"Maximum achievable control technology (MACT)
emission limitation for existing sources" means the definition adopted
by reference in 567-subrule 23.1(4).
"Maximum achievable control technology (MACT)
emission limitation for new sources" means the definition adopted by
reference in 567-subrule 23.1(4).
"Maximum achievable control technology (MACT)
floor" means the definition adopted by reference in 567-subrule
23.1(4).
"New Title IV affected source or unit" means
a unit that commences commercial operation on or after November 15, 1990,
including any such unit that serves a generator with a nameplate capacity of 25
MWe or less or that is a simple combustion turbine.
"Nonattainment area" means an area so
designated by the Administrator, acting pursuant to Section 107 of the
Act.
"Permit modification" means a revision to a
Title V operating permit that cannot be accomplished under the provisions for
administrative permit amendments found in 567-24.111 (455B). A permit
modification for purposes of the acid rain portion of the permit shall be
governed by the regulations pertaining to acid rain found in 567-24.120 (455B)
through 567-24.146 (455B). This definition of "permit modification" shall be
used solely for purposes of this chapter governing Title V operating
permits.
"Permit revision" means any permit
modification or administrative permit amendment.
"Permitting authority" means the Iowa
department of natural resources or the director thereof.
"Potential to emit" means the maximum
capacity of a stationary source to emit any air pollutant under its physical
and operational design. Any physical or operational limitation on the capacity
of a source to emit an air pollutant, including air pollution control equipment
and restrictions on hours of operation or on the type or amount of material
combusted, stored, or processed, shall be treated as part of its design if the
limitation is enforceable by the Administrator. This term does not alter or
affect the use of this term for any other purposes under the Act, or the term
"capacity factor" as used in Title IV of the Act or the regulations relating to
acid rain.
For the purpose of determining potential to emit for country
grain elevators, the provisions set forth in 567-subrule 22.10(2) shall
apply.
For purposes of calculating potential to emit for emergency
generators, "maximum capacity" means one of the following:
1. 500 hours of operation annually, if the
generator has actually been operated less than 500 hours per year for the past
five years;
2. 8,760 hours of
operation annually, if the generator has actually been operated more than 500
hours in one of the past five years; or
3. The number of hours specified in a state
or federally enforceable limit.
"Proposed Title V permit," as this
definition is set forth in 40 CFR §
70.2, is adopted by
reference.
"Regulated air contaminant" means the same
as "regulated air pollutant."
"Regulated air pollutant" means the
following:
1. Nitrogen oxides or any
volatile organic compounds;
2. Any
pollutant for which a national ambient air quality standard has been
promulgated;
3. Any pollutant that
is subject to any standard promulgated under Section 111 of the Act;
4. Any Class I or II substance subject to a
standard promulgated under or established by Title VI of the Act; or
5. Any pollutant subject to a standard
promulgated under Section 112 or other requirements established under Section
112 of the
Act, including Sections 112(g), (j), and (r) of the
Act, including
the following:
* Any pollutant subject to requirements under Section 112(j)
of the Act. If the Administrator fails to promulgate a standard by the date
established pursuant to Section 112(e) of the Act, any pollutant for which a
subject source would be major shall be considered to be regulated on the date
18 months after the applicable date established pursuant to Section 112(e) of
the Act; and
* Any pollutant for which the requirements of Section
112(g)(2) of the Act have been met, but only with respect to the individual
source subject to the Section 112(g)(2) requirement.
6. With respect to Title V, particulate
matter, except for PM10, is not considered a regulated
air pollutant for the purpose of determining whether a source is considered to
be a major source.
"Regulated air pollutant or contaminant (for fee
calculation)," which is used only for purposes of 567-Chapter 30,
means any regulated air pollutant or contaminant except the following:
1. Carbon monoxide;
2. Particulate matter, excluding
PM10;
3. Any
pollutant that is a regulated air pollutant solely because it is a Class I or
II substance subject to a standard promulgated under or established by Title VI
of the Act;
4. Any pollutant that
is a regulated pollutant solely because it is subject to a standard or
regulation under Section 112(r) of the Act;
5. Greenhouse gas, as defined in
567-22.1 (455B).
"Renewal" means the process by which a
permit is reissued at the end of its term.
"Responsible official" means one of the
following:
1. For a corporation: a
president, secretary, treasurer, or vice president of the corporation in charge
of a principal business function, or any other person who performs similar
policy or decision-making functions for the corporation, or a duly authorized
representative of such person if the representative is responsible for the
overall operation of one or more manufacturing, production, or operating
facilities applying for or subject to a permit and either:
* The facilities employ more than 250 persons or have gross
annual sales or expenditures exceeding $25 million (in second quarter 1980
dollars); or
* The delegation of authority to such representative is
approved in advance by the permitting authority;
2. For a partnership or sole proprietorship:
a general partner or the proprietor, respectively;
3. For a municipality, state, federal, or
other public agency: either a principal executive officer or ranking elected
official. For the purposes of this chapter, a principal executive officer of a
federal agency includes the chief executive officer having responsibility for
the overall operations of a principal geographic unit of the agency (e.g., a
regional Administrator of EPA); or
4. For Title IV affected sources:
* The designated representative insofar as actions,
standards, requirements, or prohibitions under Title IV of the Act or the
regulations promulgated thereunder are concerned; and
* The designated representative for any other purposes under
this chapter or the Act.
"Section 502(b)(10) changes," as this
definition is set forth in 40 CFR §
70.2, is adopted by
reference.
"State implementation plan"
or"SIP" means the plan adopted by the state of Iowa and
approved by the Administrator that provides for implementation, maintenance,
and enforcement of such primary and secondary ambient air quality standards as
are adopted by the Administrator, pursuant to the Act.
"Stationary source" means any building,
structure, facility, or installation that emits or may emit any regulated air
pollutant or any pollutant listed under Section 112(b) of the Act.
"Stationary source categories" means any of
the following classes of sources:
1.
Coal cleaning plants with thermal dryers;
2. Kraft pulp mills;
3. Portland cement plants;
4. Primary zinc smelters;
5. Iron and steel mills;
6. Primary aluminum ore reduction
plants;
7. Primary copper
smelters;
8. Municipal incinerators
capable of charging more than 250 tons of refuse per day;
9. Hydrofluoric, sulfuric, or nitric acid
plants;
10. Petroleum
refineries;
11. Lime
plants;
12. Phosphate rock
processing plants;
13. Coke oven
batteries;
14. Sulfur recovery
plants;
15. Carbon black plants
using the furnace process;
16.
Primary lead smelters;
17. Fuel
conversion plants;
18. Sintering
plants;
19. Secondary metal
production plants;
20. Chemical
process plants-The term chemical processing plant shall not include ethanol
production facilities that produce ethanol by natural fermentation included in
North American Industry Classification System (NAICS) code 325193 or
312140;
21. Fossil-fuel boilers, or
combinations thereof, totaling more than 250 million Btu per hour heat
input;
22. Petroleum storage and
transfer units with a total storage capacity exceeding 300,000
barrels;
23. Taconite ore
processing plants;
24. Glass fiber
processing plants;
25. Charcoal
production plants;
26. Fossil
fuel-fired steam electric plants of more than 250 million Btu per hour heat
input;
27. Any other stationary
source category, that as of August 7, 1980, is regulated under Section 111 or
112 of the Act.
"Subject to regulation," as this definition
is set forth in 40 CFR
§
70.2, is adopted by reference.
"Title V permit" means an operating permit
under Title V of the Act.
