For the purpose of these rules and the rules in 567-Chapters
20 through 35, the following terms shall, unless otherwise noted, have the
meaning indicated in this chapter. Additional definitions potentially
applicable to this chapter are set forth in 567-Chapters 21 and 23. The
definitions set out in Iowa Code sections
455B.101,
455B.131, and
455B.411 are incorporated
verbatim in these rules.
"12-month rolling period" means a period of
12 consecutive months determined on a rolling basis with a new 12-month period
beginning on the first day of each calendar month.
"Act" means the Clean Air Act (42 U.S.C. Sections
7401, et seq.), as amended through November
15, 1990.
"Air quality standard" means an allowable
level of air contaminant or atmospheric air concentration established by the
commission.
"Ambient air" means that portion of the
atmosphere, external to buildings, to which the general public has
access.
"Anaerobic lagoon," for purposes of air
quality rules in 567-Chapters 20 through 35, means an impoundment, the primary
function of which is to store and stabilize organic wastes. The impoundment is
designed to receive wastes on a regular basis and the design waste loading
rates are such that the predominant biological activity in the impoundment will
be anaerobic. An anaerobic lagoon does not include:
1. A runoff control basin that collects and
stores only precipitation-induced runoff from an open feedlot feeding
operation; or
2. A waste slurry
storage basin that receives waste discharges from confinement feeding
operations and that is designed for complete removal of accumulated wastes from
the basin at least semiannually; or
3. Any anaerobic treatment system that
includes collection and treatment facilities for all off-gases.
"Biodiesel fuel" means a renewable,
biodegradable, mono alkyl ester combustible liquid fuel derived from
agricultural plant oils or animal fat, such as but not limited to soybean oil.
For purposes of this definition, "biodiesel fuel" must also meet the
specifications of American Society for Testing and Material Specifications
(ASTM) D 6751-02, "Standard Specification for Biodiesel Fuel (B100) Blend Stock
for Distillate Fuels," and be registered with the U.S. Environmental Protection
Agency as a fuel and a fuel additive under Section 211(b) of the Act.
"Chimney" or "stack" means
any flue, conduit or duct permitting the discharge or passage of air
contaminants into the open air or constructed or arranged for this
purpose.
"Combustion for indirect heating" means the
combustion of fuel to produce usable heat that is to be transferred through a
heat-conducting materials barrier or by a heat storage medium to a material to
be heated so that the material being heated is not contacted by, and adds no
substance to, the products of combustion.
"Control equipment" means any equipment that
has the function to prevent the formation of or the emission to the atmosphere
of air contaminants from any fuel burning, incinerator or process
equipment.
"Country grain elevator" means the same as
defined in 22.10(1).
"Diesel fuel" means a low sulfur fuel oil
that complies with the specifications for grade 1-D or 2-D, as defined by the
ASTM D 975-02, "Standard Specification for Diesel Fuel Oils," grade 1-GT or
2-GT, as defined by ASTM D 2880-00, "Standard Specification for Gas Turbine
Fuel Oils," or grade 1 or 2, as defined by ASTM D 396-02, "Standard
Specification for Fuel Oils."
1. For
purposes of the air quality rules contained in Title II, and unless otherwise
specified, diesel fuel may contain a blend of up to 2.0 percent biodiesel fuel,
by volume, as "biodiesel fuel" is defined in this rule.
2. The department shall consider air
pollutant emissions calculations for the biodiesel fuel blends specified in
paragraph "1" to be equivalent to the air pollutant emissions calculations for
unblended diesel fuel.
3.
Construction permits or operating permits issued under 567-Chapter 22 that
restrict equipment fuel use to diesel fuel shall be considered by the
department to include the biodiesel fuel blends specified in paragraph "1,"
unless otherwise specified or in a permit issued under this chapter.
"Electric furnace" means a furnace in which
the melting and refining of metals are accomplished by means of electrical
energy.
"Electronic format," "electronic submittal,"
or "electronic submittal format," for purposes of 567-Chapters
20 through 35, means a software, Internet-based, or other electronic means
specified by the department for submitting air quality information or fees to
the department related to but not limited to applications, certifications,
determination requests, emissions inventories, forms, notifications, payments,
permit applications and registrations. References to these information
submittal methods in 567-Chapters 20 through 35 may, as specified by the
department, include electronic submittal as stated in the applicable
rules.
"Emergency generator" means any generator of
which the sole function is to provide emergency backup power during an
interruption of electrical power from the electric utility. An emergency is an
unforeseeable condition that is beyond the control of the owner or operator. An
emergency generator does not include:
1. Peaking units at electric
utilities.
2. Generators at
industrial facilities that typically operate at low rates but are not confined
to emergency purposes.
3. Any
standby generators that are used during time periods when power is available
from the electric utility.
"Emission limitation" or "emission
standard" means a requirement established by a state, local
government, or the administrator that limits the quantity, rate or
concentration of emissions of air pollutants on a continuous basis, including
any requirements that limit the level of opacity, prescribe equipment, set fuel
specifications or prescribe operation or maintenance procedures for a source to
ensure continuous emission reduction.
"EPA conditional method" means any method of
sampling and analyzing for air pollutants that has been validated by the
administrator but that has not been published as an EPA reference
method.
"EPA reference method" means the following
methods used for performance tests and continuous monitoring systems:
1. Performance test (stack test). A stack
test shall be conducted according to EPA reference methods specified in 40 CFR
51, Appendix M (as amended or corrected through March 29, 2023); 40 CFR
60,
Appendix A (as amended or corrected through March 29, 2023); 40 CFR
61,
Appendix B (as amended or corrected through October 7, 2020); and 40 CFR
63,
Appendix A (as amended or corrected through March 29, 2023).
2. Continuous monitoring systems. Minimum
performance specifications and quality assurance procedures for performance
evaluations of continuous monitoring systems are as specified in 40 CFR
60,
Appendix B (as amended or corrected through June 28, 2023); 40 CFR
60, Appendix
F (as amended or corrected through March 29, 2023); 40 CFR
75, Appendix A (as
amended or corrected through August 30, 2016); 40 CFR
75, Appendix B (as
amended or corrected through August 30, 2016); and 40 CFR
75, Appendix F (as
amended or corrected through August 30, 2016).
"Equipment" means the same as defined in
567-21.1 (455B).
"Excess air" means that amount of air
supplied in addition to the theoretical quantity necessary for complete
combustion of all fuel or combustible waste material present.
"Existing equipment" means the same as
defined in 567-21.1 (455B).
"Foundry cupola" means a stack-type furnace
used for melting of metals consisting of but not limited to the furnace proper,
tuyeres, fans or blowers, tapping spout, charging equipment, gas cleaning
devices and other auxiliaries.
"Fugitive dust" means any airborne solid
particulate matter emitted from any source other than a flue or stack.
"Grain processing" means the equipment, or
the combination of different types of equipment, used in the processing of
grain to produce a product primarily for wholesale or retail sale for human or
animal consumption, including the processing of grain for production of
biofuels, except for "feed mill equipment" as defined in
567-22.10 (455B).
"Grain storage elevator" means any plant or
installation at which grain is unloaded, handled, cleaned, dried, stored, or
loaded and that is located at any wheat flour mill, wet corn mill, dry corn
mill (human consumption), rice mill, or soybean oil extraction plant that has a
permanent grain storage capacity (grain storage capacity that is inside a
building, bin, or silo) of more than 35,200 m3 (ca. 1 million U.S.
bushels).
"Greenhouse gas" means carbon dioxide,
methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur
hexafluoride.
"Heating value" means the heat released by
combustion of one pound of waste or fuel measured in Btu on an as-received
basis. For solid fuels, the heating value shall be determined by use of ASTM
Standard D 2015-66.
"Incinerator" means a combustion apparatus
designed for high temperature operation in which solid, semisolid, liquid or
gaseous combustible refuse is ignited and burned efficiently and from which the
solid residues contain little or no combustible material.
"Initiation of construction, installation or
alteration" means significant permanent modification of a site to
install equipment, control equipment or permanent structures. Not included are
activities incident to preliminary engineering, environmental studies, or
acquisition of a site for a facility.
"New equipment" means the same as defined in
567-21.1 (455B).
"Number 1 fuel oil" and "number 2
fuel oil," also known as "distillate oil," mean fuel oil that complies
with the specifications for fuel oil number 1 or fuel oil number 2, as defined
by the ASTM D 396-02, "Standard Specification for Fuel Oils."
1. For purposes of the air quality rules
contained in Title II, and unless otherwise specified, number 1 fuel oil or
number 2 fuel oil may contain a blend of up to 2.0 percent biodiesel fuel, by
volume, as "biodiesel fuel" is defined in this rule.
2. The department shall consider air
pollutant emissions calculations for the biodiesel fuel blends specified in
paragraph "1" to be equivalent to the air pollutant emissions calculations for
unblended number 1 fuel oil or unblended number 2 fuel oil.
3. Construction permits or operating permits
issued under this chapter that restrict equipment fuel use to number 1 fuel oil
or number 2 fuel oil shall be considered by the department to include the
biodiesel fuel blends specified in paragraph "1," unless otherwise specified or
in a permit issued under this chapter.
"One-hour period" means any 60-minute period
commencing on the hour.
"Particulate matter" (except for the
purposes of new source performance standards as defined in 40 CFR 60) means any
material, except uncombined water, that exists in a finely divided form as a
liquid or solid at standard conditions and includes gaseous emissions that
condense to liquid or solid form as measured by EPA-approved reference
methods.
"Plan documents" means the reports,
proposals, preliminary plans, survey and basis of design data, general and
detail construction plans, profiles, specifications and all other information
pertaining to equipment.
"PM10" means
particulate matter with an aerodynamic diameter less than or equal to a nominal
10 micrometers as measured by an EPA-approved reference method.
"PM2.5" means
particulate matter as defined in this rule with an aerodynamic diameter less
than or equal to a nominal 2.5 micrometers as measured by an EPA-approved
reference method.
"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 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.
3. The number of hours specified in a state
or federally enforceable limit.
If the source is subject to new source construction permit
review, then potential to emit is defined as stated above or as established in
a federally enforceable permit.
"Privileged communication" means information
other than air pollutant emissions data, the release of which would tend to
affect adversely the competitive position of the owner or operator of the
equipment.
"Process" means any action, operation or
treatment, and all methods and forms of manufacturing or processing, that may
emit smoke, particulate matter, gaseous matter or other air contaminant.
"Process weight" means the total weight of
all materials introduced into any source operation. Solid fuels charged will be
considered as part of the process weight, but liquid and gaseous fuels and
combustion air will not.
"Process weight rate" means continuous or
long-run steady-state source operations, the total process weight for the
entire period of continuous operation or for a typical portion thereof, divided
by the number of hours of such period or portion thereof; or for a cyclical or
batch source operation, the total process weight for a period that covers a
complete operation or an integral number of cycles, divided by the number of
hours of actual process operation during such a period. Where the nature of any
process or operation, or the design of any equipment is such as to permit more
than one interpretation of this definition, the interpretation that results in
the minimum value for allowable emission shall apply.
"Six-minute period" means any one of the ten
equal parts of a one-hour period.
"Smoke" means gas-borne particles resulting
from incomplete combustion, consisting predominantly, but not exclusively, of
carbon, and other combustible material, or ash, that form a visible plume in
the air.
"Source operation" means the last operation
preceding the emission of an air contaminant and that results in the separation
of the air contaminant from the process materials or in the conversion of the
process materials into air contaminants but is not an air pollution control
operation.
"Standard conditions" means a temperature of
68°F and a pressure of 29.92 inches of mercury absolute.
"Standard cubic foot" or
"SCF" means the volume of one cubic foot of gas at standard
conditions.
"Standard metropolitan statistical area" or
"SMSA" means an area that has at least one city with a
population of at least 50,000 and such surrounding areas as geographically
defined by the U.S. Office of Management and Budget (Department of
Commerce).
"Stationary source" means any building,
structure, facility or installation that emits or may emit any air
pollutant.
"Total suspended particulate" means
particulate matter as defined in this rule.
"Untreated" as it refers to wood or wood
products includes only wood or wood products that have not been treated with
compounds such as, but not limited to, paint, pigment-stain, adhesive, varnish,
lacquer, or resin or that have not been pressure treated with compounds such
as, but not limited to, chromate copper acetate, pentachlorophenol or creosote.
"Untreated" as it refers to seeds, pellets or other vegetative matter includes
only seeds, pellets or other vegetative matter that has not been treated with
pesticides or fungicides.
"Urban area" means any Iowa city of 100,000
or more population in the current census and all Iowa cities contiguous to such
city.
"Variance" means a temporary waiver from
rules or standards governing the quality, nature, duration or extent of
emissions granted by the commission for a specified period of time.
"Volatile organic compounds" or
"VOC" means any compound included in the definition of
"volatile organic compounds" found at
40 CFR Section
51.100(s) as amended through
February 8, 2023.
(1)
Permit
required. No person shall construct, install, reconstruct or alter any
equipment, control equipment or anaerobic lagoon unless a permit is first
obtained pursuant to this chapter,
567-31.3 (455B), or
567-33.3 (455B), or the
equipment qualifies for an exemption under 22.1(2). An air quality construction
permit shall be obtained prior to the initiation of construction, installation
or alteration of any portion of the stationary source or anaerobic lagoon,
unless the parameters in 22.1(1)
"c" are met.
a. Existing equipment is not subject to this
subrule, unless it has been modified, reconstructed, or altered on or after
September 23, 1970.
b. No person
shall construct or reconstruct a major source of hazardous air pollutants, as
defined in 40 CFR Section
63.2 and
40 CFR Section
63.41 as adopted by reference in 567-subrule
23.1(4), unless a construction permit has been obtained from the department,
which requires maximum achievable control technology for new sources to be
applied. The permit shall be obtained prior to the initiation of construction
or reconstruction of the major source.
c. Construction prior to issuance of an air
quality construction permit issued by the department may begin if the
eligibility requirements stated in 22.1(1)
"c"(1) are met. The
applicant must assume any liability for construction conducted on a source
before the permit is issued. In no case will the applicant be allowed to hook
up the equipment to the exhaust stack or operate the equipment in any way that
may emit any pollutant prior to receiving a construction permit.
(1) Eligibility.
1. The applicant has submitted a construction
permit application to the department, as specified in 22.1(3);
2. The applicant has notified the department
of the applicant's intentions in writing five working days prior to initiating
construction; and
3. The equipment
or process is not subject to:
* Prevention of significant deterioration (PSD), as set forth
in 567-Chapter 33;
* New source performance standards (NSPS), as set forth in
567-subrule 23.1(2);
* National emission standards for hazardous air pollutants
(NESHAP), as set forth in 567-subrules 23.1(3) and 23.1(4);
* Emission guidelines, as set forth in 567-subrule
23.1(5);
* Nonattainment new source review, as set forth in
567-Chapter 31; or
* The equipment or process is a major source of hazardous air
pollutants, as defined in 40
CFR Sections 63.2 and
63.41, and as adopted by reference
in 567-subrule 23.1(4).
The equipment and processes are subject to PSD until the
owner or operator of a proposed project legally obtains permitted limits that
limit the project below the PSD thresholds (i.e., PSD synthetic minor
status).
(2) The
applicant must cease construction if the department's evaluation demonstrates
that the construction, reconstruction or modification of the stationary source
will interfere with the attainment or maintenance of the national ambient air
quality standards or will result in a violation of a control strategy required
by 40 CFR Part
51, Subpart G, as amended through February 19, 2015.
(3) The applicant will be required to make
any modification to the stationary source that may be imposed in the issued
construction permit.
(4) The
applicant must notify the department in writing of the actual start date of
construction or reconstruction. All notifications shall be submitted to the
department in writing no later than 30 days after construction or
reconstruction started. All notifications shall include all of the information
listed in 22.3(3)"b."
d. The owner or operator of a country grain
elevator, country grain terminal elevator, grain terminal elevator or feed mill
equipment, as "country grain elevator," "country grain terminal elevator,"
"grain terminal elevator," and "feed mill equipment," as these terms are
defined in 22.10(1), may elect to comply with the requirements specified in
567-22.10 (455B) as an
alternative to the construction permitting requirements set forth in
22.1(1).
(2)
Exemptions. An owner or operator may opt to use one of the
permitting 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:
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
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 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 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.
