SUBJECT: Technical Support Document for Approval of Revisions to the Iowa State 

Implementation Plan (SIP) for the Polk County Board of Health Rules and Regulations, 

Chapter V, Air Pollution 

FROM: Heather 

Iowa State Manager, A WMD/ APDB/CPPS 

TO: IA-164; Docket No. EPA-RO?-OAR-2014-0163 THRU: Joshua Tapp 

Branch Chief, AWMD/APDB 

Michael Jay 

Section Chief, AWMD/APDB/AtPS 

RULEMAKING SUMMARY 

The Iowa Department ofNatural Resources (IDNR) has requested that Environmental Protection 

Agency (EPA) approve revisions to its SIP to include updates to the Polk County Board ofHealth Rules 

and Regulations, Chapter V, Air Pollution. Polk County updated Chapter V, Article I through Article 

XIII. These changes were adopted by the Polk County Board of Health/Supervisors on July 30, 2013, 

and were effective on August 5, 2013. The Polk County Board of Supervisors has full legal authority to 

develop rules pursuant to Section 455B ofthe Iowa Code. Specifically, IDNR has requested that EPA 

approve all changes except for Article VI, Sections 5-16 (n), (o), and (p) which pertain to New Source 

Performance Standards (NSPS) and all parts of Article VIII, which pertain to National Emission 

Standards Hazardous Air Pollutants (NESHAPS). 

The Iowa Department of Natural Resources (IDNR) submitted the SIP revision for Polk County on 

September 9, 2013. On April 15,2014, IDNR amended their request to the Polk County SIP revision. 

IDNR has notified EPA that it is withdrawing the SIP revision requests for Section 5-1 of Article I to 

adopt greenhouse gases definition and section 5-35 (b)(5) of Article X relating to greenhouse gas 

emissions. This withdrawal request is in recognition of the July 12, 2013, U.S. Court of Appeals for the 

District of Columbia decision which vacated the regulation known as the "biogenic deferral rule" (No. 

11-1101 (D.C. Cir, July 12, 2013)). The U.S. Court of Appeals decisions occurred about the same time 

as Polk County was updating their Board of Health Rules and Regulations, and as such, the conflict 

between the Polk County ordinances and the Court decision was unavoidable. IDNR sent an 

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email to clarify the withdrawal of anaerobic lagoon on October 31, 2014. 

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clarification was necessary, this information is notated in the relevant section in under the "Revisions for 

Approval" section of this TSD. 

REVISIONS FOR APPROVAL 

All revisions are consistent with the federally-approved Iowa SIP and are as follows (revisions 

distinguished by strikeouts/underline font): 

Article I. In General, Section 5-l. 

PURPOSE AND AMBIENT AIR QUALITY STANDARDS. 

(c) All references to 567 lAC Chapter 20 are amended through October 15, 2008 October 24, 2012. 

All references to 567 lAC Chapter 22 are amended through No'vember 11, 2009 October 24, 2012. 

All references to 567 lAC Chapter 23 are amended through November 24, 2010 October 24, 2012. 

All references to 567 lAC Chapter 25 are amended through October 15, 2008. October 24, 2012. 

All references to 567 lAC Chapter 33 are amended through November 11, 2009 September 12,2012. 

Article I. In General, Section 5-2. 

DEFINITIONS 

NOTE: Per April 15, 2014 letter from Director, Chuck Gipp, IDNR requested to withdraw the SIP 

revision request for the definition of "greenhouse gases" because of the July 12, 2013 U.S. Court of 

Appeals for the District of Columbia court decision which vacated the regulation known as the 

"biogenic deferral rule" (No. 11-1101 (D.C. Cir.,)). The definition of "anaerobic lagoon" is withdrawn 

at the request of/DNR via an e-mail dated October 31, 2014. The definition was inadvertently omitted 

from the April 15, 2014 letter. 

"Country grain elevator" shall have the same definition as "country grain elevator" set forth in lAC 

567-subrule 22.1 0(1). 

"Department" refers to the Polk County Public Works Department Note: "Department" and "Local 

Program" are used interchangeably throughout various Polk County documents. 

"Director or his designee" means the director of the Public Works Department or a person designated, 

either specifically or generally, but virtue ofhislher job responsibilities, to act in the director's behalf. 

"Emergency geberator" means any generator of which the sole function lis to provide emergency backup 

power during an interruption of electrical power from the electric utility. An emergency generator does 

not include: 

1. Peaking units at electric utilities; or 

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2007), B (as amended through September 28, 2007), C (as amended through December 16, 1975), and F 

(as amended through January 12, 2004); 40 CFR 61, Appendix B (as amended through October 17, 

2000); 40 CFR 63, Appendix A (as amended through October 17, 2000); and 40 CFR 75, Appendices A 

(as amended through January 24, 2008), B (as amended through January 24, 2008), F (as amended 

through January 24, 2008, and corrected on February 13, 2008) and K (as amended through January 24, 

2008). the following methods used for performance tests and continuous monitoring systems: 

a. Performance test. A stack test shall be conducted according to EPA reference methods specific in 

40 CFR 51, Appendix M (as amended through December 21, 2010); 40 CFR Part 60, Appendix 

A (as amended through September 9, 2010); 40 CFR 61, Appendix B (as amended through 

October 17, 2000); and 40 CFR 63, Appendix A (as amended through August 20, 2010). 

b. Continuous monitoring systems. Minimum performance specifications and quality assurance 

procedures for performance evaluations of continuous monitoring systems shall be those 

specified in 40 CFR 60, Appendix B (as amended through September 9, 2010); Appendix F (as 

amended through September 9, 2010; 40 CFR 75, Appendix A (as amended through March 28, 

2011); Appendix B (as amended through March 28, 2011); and Appendix F (as amended through 

March 28, 20 11). 

"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 ofbiofuels, except for "feed mill 

equipment," as "feed mill equipment" is defined in rule 567-22.1 0( 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 com mill, dry com mill (human 

consumption), rice mill, or soybean oil extraction plant which has a permanent grain storage capacity 

(grain storage capacity which is inside a building, bin, or silo) of more than 35,200 m3 (ca. 1 million 

U.S. bushels). 

"Maximum achievable control technology CMACT) floor" means the following: 

1. For existing sources, the average emission limitation achieved by the best 12 percent of the 

existing sources in the United States (for which the administrator or the department has or could 

reasonably obtain emissions information), excluding those sources that have, within 18 months 

before the emission standard is proposed or within 30 months before such standard is 

promulgated. whichever is later, first achieved a level of emission rate or emission reduction 

which complies, or would comply if the source is not subject to such standard, with the lowest 

achievable emission rate applicable to the source category and prevailing at the time, for 

categories and subcategories of stationary sources with 30 or more sources in the category or 

subcategory, or the average emission limitation achieved by the best-performing five sources in 

the United States ( for which the administrator or the department has or could reasonably obtain 

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finely divided form as a liquid or solid at standard conditions and include gaseous emissions that 

condense to liquid or solid form as measured by EPA approved reference methods 

"Potential to emit" means the maximum capacity of a stationary source to emit a-any air pollutant under 

its physical and operational design. Any physical or operational limitation on the capacity of the i! 

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 com busted, stored, or processed, shall be treated as part 

of its design oo1y if the limitation or the effect it would have oH emissioHs is federally eHforceable 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. SeeoHdary emissioHs do Hot couHt iH determiHiHg the poteHtial to emit of a 

statioHary source. 

For the purpose of determining potential to emit for country grain elevators, the provisions set forth in 

567 -subrule 22.1 0(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, 7 60 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 ofhours 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. 

Article II. Authority, Section 5-3. Duties of the Health Officer, is amended as follows: 

(b). Upon receipt of such notification, the person shall have 30 days to appeal this decision to the 

beard ofhealth health officer. Such appeal shall be filed with the health officer. If the board ofhealth 

health officer denies a request for confidentiality, the information in question shall be held confidential 

for sufficient time to allow the petitioner to institute the necessary legal proceedings to sustain the 

confidentiality claim ..... . 

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Article III. Incineration and Open Burning, Section 5-7. Open Burning Prohibited is amended 

and reorganized in to sections as follows: 

W Prohibition 

"Prohibition" is inserted at the beginning of Section 5-7 and proceeds through the first seven 

paragraphs. 

W Burn Permits 

"Burn Permits" is inserted before the paragraph "Upon receipt of a written request on a 

fi orm .... " 

Article III. Incineration and Open Burning, Section 5-7. Open Burning Prohibited (b) Burn 

Permits. (5) is amended by deleting the existing paragraph and the following is adopted in lieu of: 

(5) Training fires. For purposes of this section, a "training fire" is a fire set for the purposes of 

conducting bona fide training of public or industrial employees in firefighting methods. For purposes of 

this paragraph, "bona fide training" means training that is conducted according to the National Fire 

Protection Association 1403 Standard of Live Fire Training Evolutions (2002 Edition) or a comparable 

training fire standard. A training fire may be conducted, provided that all of the following conditions are 

met: 

(a) A training fire on a building is conducted with the building structurally intact. 

(b) The training fire does not include the controlled bum of a demolished building. 

(c) If the training fire is to be conducted on a building, written notification must be provided 

to the department and Iowa Department of Natural Resources (IDNR) Form 542-8010 

and is postmarked or delivered to the department at least ten working days before such 

action commences. 

(d) Notification shall be made to the department and IDNR in accordance with 40 CFR 

Section 61.145, "Standard for Demolition and Renovation" of the asbestos National 

Emissions Standard for Hazardous Air Pollutants CNESHAP), as amended through January 16, 

1991. 

(e) All asbestos-containing materials shall be removed prior to the training fire. 

(f) Asphalt roofing may be burned in the training fire only if notification to the department 

contains testing results indicating that none of the layers of asphalt roofing contain 

asbestos. During each calendar year, each fire department may conduct no more than two 

training fires on buildings where asphalt roofing has not been removed, provided that for 

each of those training fire the asphalt roofing material present has been tested to ensure 

that it does not contain asbestos. 

fltlg Rubber tires shall not be burned during a training fire. 

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2. Outdoor patio heaters. This section shall not apply to outdoor patio heaters burning only 

natural gas, propane. or alcohol. Such outdoor patio heaters shall not be used for the burning 

of wood, refuse, rubbish, vegetative matter or garbage. 

3. Recreational bonfires, fireplaces and grills. Open fires burning charcoal or untreated 

seasoned wood for cooking, recreation and ceremonies located within a geographic area 

designated as a neighborhood, community, county or state park: unless prohibited by local 

authority, ordinance or regulation, provided they comply with Article IV, Section 5-9. Such 

fires shall not be used for the burning of refuse, rubbish, or garbage. 

Note: (d) Variance Application refers to section 5-59 of the Polk County Rules and 

Regulations which is not in the SIP and therefore, will not be approved with this submittal. 

Article VII. Performance Test For Stack Emission Test, Section 5-18 Testing and Sampling of 

New and Existing Equipment is amended by deleting the existing paragraphs and the following is 

adopted in lieu thereof: 

(1) Tests by owner. The owner of new or existing equipment or the owner's authorized agent shall 

conduct emission tests to determine compliance with applicable rules in accordance with these 

requirements. 

a. General. The owner of new or existing equipment or the owner's authorized agent shall 

notify the department in writing not less than 30 days before a required test or before a 

performance evaluation of a continuous emission monitor to determine compliance with 

applicable requirements of Chapter V or a permit condition. Such notice shall include the 

time, the place, the name of the person who will conduct the tests and other information as 

required by the department. If the owner or operator does not provide timely notice to the 

department, the department may not consider the test results or performance evaluation 

results to be a valid demonstration of compliance with applicable rules or permit conditions. 

Upon written request, the department may allow a notification period of less than 30 days. 

Unless specifically waived by the department, a pretest meeting shall be held not later than 

fifteen (15) days prior to conducting the compliance demonstration. The department may 

accept a testing protocol in lieu of the pretest meeting. A representative of the department 

shall permitted to witness the tests. Results of the tests shall be submitted in writing to the 

Health Officer in the form of a comprehensive report within six weeks ofthe completion of 

the testing. Results shall be accompanied with the appropriate fee as established by the Polk 

County Board of Supervisors. 

NOTE: Although the notification procedures in this section of the Polk County Board of Health Rules 

and Regulations do not exactly mirror 567 lAC 25.1 (7)(a), IDNR has evaluated that the provisions of 

the Polk County rules are equivalent. EPA Region 7 concurs on this evaluation. 

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demonstration of compliance include a modification of control or process equipment, age of 

equipment, or observation of opacities or other parameters outside the range of those 

indicative of properly maintained and operated equipment. Testing may be required as 

necessary to determine actual emissions from a source where that source is believed to have a 

significant impact on the public health or ambient air quality of an area. The director shall 

provide the owner or agent not less than 30 days to perform the compliance demonstration 

and shall provide written notice of the requirement. 

d. Testing procedures. The equipment being tested shall be operated in a normal manner. For 

compliance demonstrations, the equipment being tested shall be operated at a rate of at least 

90% of either its maximum continuous output as rated by the manufacturer, or its permitted 

maximum operating rate. For testing other than compliance demonstrations. the equipment 

being tested shall be operated at a rate demonstrable by production records of the source, to 

be equal to or greater than the normal production rate of the source. The "normal" production 

rate of the source shall be defined as the total annual production volume divided by the 

number of hours the source or process has operated during the previous 12 months. Each test 

shall consist of at least three (3) separate test runs. Unless otherwise specified by the 

department. compliance shall be assessed on the basis of the arithmetic mean of the 

emissions measures in the three (3) test runs. 

NOTE: In the past, IDNR had included in their rulemakings reference to a Compliance Sampling 

Manual, which specified test methods for facilities. In November 2012, IDNR requested the SIP be 

amended to include rules which eliminated state-only emissions testing procedures (the Compliance 

Sampling Manual) and adopt federal methods for emission testing. In January 2014, EPA approved this 

SIP revision. As such, given the change in the Iowa rules, Polk County amended their rules to provide 

for this revision. IDNR has assessed that Polk County's testing program is consistent with the state stack 

testing program. Any additional elements in Polk County regulation is intended to provide clarity to the 

sources impacted. 

(2) Stack sampling and associated analytical methods used to evaluate compliance with emission 

limitations of this Chapter or a permit condition shall be as follows: 

a. Performance test. A stack test shall be conducted according to EPA reference methods as 

specified in 40 CFR 51, Appendix M (as amended through December 21. 2010); 40 CFR Part 

50, Appendix A (as amended through September 9, 2010); 40 CFR 61, Appendix B (as 

amended through October 17, 2000); and 40 CFR 63. Appendix A (as amended through 

August 20, 201 0). The owner of the equipment or the owner's authorized agent may use an 

alternative methodology if approved by the department in writing prior to testing. 

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quality assurance procedures. 

c. Permit and compliance demonstration requirements. All stack sampling and associated 

analytical methods used to evaluate compliance with emission limitation of Chapter V, or 

required in a permit issued by this department, shall be conducted using the methodology 

referenced in 567 lAC Chapter 25. 

Article X. Permits, Division 1. Construction Permits, Section 5-31. Issuance of Permit, 

Paragraph (2) is amended by deleting the existing paragraph and the following is adopted 

in lieu thereof: 

Each permit shall not be transferable from one piece of equipment to another; 

Article X. Permits, Division 1. Construction Permits, Section 5-31. Issuance of Permit, 

Paragraph (2) is amended by adding the following new paragraph: 

(5) The owner shall submit written notification to the health officer at least thirty (30) days prior 

to transferring equipment to a new location. The notification shall include a revised plot plan, 

description of changes made in emission limits or stack perimeters. Following a review of the 

notification, the health officer will make a determination of the requirement for a supplemental 

permit. 

NOTE: The Polk County regulation provides for a longer notification period than the state regulation, 

and the Health officer will consider the area 's air quality status during the review of the transferring of 

equipment. 

Article X. Permits, Division 1. Construction Permits, Section 5-33. Exemptions from 

Permit Requirements, Paragraph (5), (6), (18), (50), and (51) are amended by deleting the 

existing paragraph and the following is adopted in lieu thereof: 

(5) 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 which were applied to the grain by another person. This exemption is also 

not applicable to equipment used by a person to manufacture commercial feed. 

(6) Incinerators and paint hook bum-off ovens with a manufacturer's design capacity less than 25 

pounds per hour. 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. Combustible material 

shall not contain lead. 

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of the county's facilities call their incinerators/pyrolysis cleaning furnaces, "paint hook burn-off 

ovens. "Again, Polk County was not trying to limit this exemption to a subset of incinerators and 

pyrolysis cleaning furnaces. 

( 18) An internal combustion engine burning exclusively natural gas or propane with a brake 

horsepower rating of less than 100 measured at the shaft. For the purpose of this exemption, the 

manufacturer's nameplate rating at full load shall be defined as the brake horsepower output at 

the shaft. Use of this exemption does not relieve an owner or operator from any obligation to 

comply with the New Source Performance Standards (NSPS) or National Emission Standards for 

Hazardous Air Pollutants (NESHAP) requirements. 

(50) Production welding: 

(A) Welding 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 (FCA W), and provided that the quantity of all electrodes used at the facility of the 

acceptable specifications is below 12,500 pounds per year GMA W and 1 ,600 pounds per year for 

SMA W or FCA W. 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 facilities where electrode usage exceeds these levels, the welding activity is exempted if the 

amount of electrode used (Y) is less than: 

"Y" = the greater of 11 x - 160 or 12,500 for GMA W, or 

"Y" = the greater of 84x- 1,200 or 1,600 for SMA W or FCA W 

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 facility has welding processes that fit into both of the specified 

exemptions, the most stringent limits must be applied. 

(B) 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 oflead, 

alloys of arsenic, or alloys of beryllium and provided that the base metals are uncoated, 

excluding manufacturing process lubricants; 

(51) Electric hand soldering, wave soldering, and electric solder paste reflow ovens; New or modified 

welding operations will be limited to 37,000 pounds per year of lead-containing solder. 

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made part of the records of the Air Pollution Control Division (APCD). 

e) Exemption for certain applicants. The healtH: officer, upon receipt of timely application, shall 

exempt from payment of all fees public schools, municipal corporations and Federal or 8tate 

facilities. 

e) Investigation fees: Work without a Permit. 

1. Investigation Fees. Whenever any work for which a permit is required by this 

chapter has been commenced without obtaining said permit, a special investigation shall 

be made before a permit may be issues for such work. An investigation fee, in addition to 

the permit fee, shall be collected whether or not a permit is then or subsequently issued. 

The investigation fee shall be equal to the amount of the permit fee required by these 

rules. 

Article X. Permits, Division 2. Operating Permits, Section 5-35 Operating Permit required, 

is amended by deleting the existing paragraph and the following is adopted in lieu thereof: 

(5) As of July l, 2011, the GHG emissions at a stationary source emitting or having the potential 

to emit less than 100,000 tpy C02 equivalent emissions (C02e). The term, "tpy C02 equivalent 

emissions (C02e)," shall represent an amount of GHGs emitted, and shall be computed by 

multiplying the mass amount of emissions (tpy), for each of the six greenhouse gases in the 

pollutant GHGs, by the gas's associated global warming potential published at 40 CFR Part 98, 

Subpart A, Table A-1, "Global Warming Potentials," (as amended on October 30, 2009), and 

summing the resultant value for each to compute a tpy C02e. For purposes of this section, prior 

to July 21, 2014, the mass of the greenhouse gas carbon dioxide shall not include carbon dioxide 

emissions resulting from the combustion or decomposition of non-fossilized and biodegradable 

organic material originating from plants, animals, or micro-organisms (including products, byproducts, residues and waste from agriculture, forestry and related industries as well as the nonfossilized and biodegradable organic fractions of industrial and municipal wastes, including 

gases and liquids recovered from the decomposition of non-fossilized and biodegradable organic 

material). 

NOTE: Per Apri/15, 2014 letter from Director, Chuck Gipp, IDNR requested to withdraw 5-35(b)(5) of 

Article X relating to GHGs because of the July 12, 2013 US. Court of Appeals for the District of 

Columbia court decision which vacated the regulation known as the "biogenic deferral rule" (No. 11-

1101 (D.C. Cir.,)). 

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fe) Exemption for Certain Applicants: The health officer, upon receipt of timely application, 

shall exempt from payment of all fees public schools, municipal corporations and Federal/State 

facilities. 

(d£) Each source in compliance with a current operating permit shall be exempt from Title V 

operating permit fees. 

Article X. Permits, Division 2. Operating Permits, Section 5-39 Exemptions from Permit 

Requirement is amended as follows: 

(a)(1) Incinerators and pyrolysis cleaning furnaces paint hook bum-off ovens with a 

manufacturer's design capacity less than 25 pounds per hour. Incinerators installed ·.vithin a 

single family dwelling shall comply with section 5 18. 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. Combustible material shall not contain lead. 

NOTE: The Polk County regulation differs from the state regulation in that Polk County is exempting 

pyrolysis cleaning furnaces and the state does not provide for this exemption. In the past, the terms paint 

hook burn-off ovens and pyrolysis cleaning furnaces were interchangeable terms. The difference 

between the state and local regulations was an oversight on the part of IDNR in their review of the local 

ordinance. In review of this action, EPA Region 7 has worked with the state to ensure that the air 

quality impact of this oversight is negligi/Jle. Only one facility in Polk County utilizes the exemption. The 

other units in Polk County are larger than the 25 pound per hour exemption limit. Polk County intended 

to be more descriptive in the exemption and specifically state "paint hook burn-off ovens "since several 

of the county's facilities call their incinerators/pyrolysis cleaning furnaces, ''paint hook burn-off 

ovens. "Again, Polk County was not trying to limit this exemption to a subset of incinerators and 

pyrolysis cleaning furnaces. 

(a)(43) Production welding. 

(A) Welding 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 (SMA W), and 

A5.20 for Flux Core Arc Welding (FCAW), and provided that the quantity of all 

electrodes used at the facility of the acceptable specifications is below 200,000 12,500 

pounds per year .foF GMA W and 28,000 1 ,600 pounds per year for SMA W or FCA W. 

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. 

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of the specified exemptions, the most stringent limits must be applied. 

(44) Electric hand soldering, wave soldering, and electric solder paste reflow ovens; New or 

modified welding operations will be limited to 37,000 pounds per year oflead-containing 

solder. 

(51) 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 which were applied to the grain by another person. This 

exemption is also not applicable to equipment used by a person to manufacture 

commercial feed. 

(52) An internal combustion engine burning exclusively natural gas or propane with a brake 

horsepower rating ofless than 100 measures at the shaft. For the purpose of this 

exemption, the manufacturer's nameplate rating at full load shall be defined as the brake 

horsepower output at the shaft. Use of this exemption does not relieve an owner or 

operator from any obligation to comply with New Source Performance Standards CNSPS) 

or National Emission Standards for Hazardous Air Pollutants (NESHAP) requirements. 

Article X. Permits, Division 2. Operating Permits, Section 5-50 Evidence used in 

establishing that a violation has or is occurring, is amended by inserting the following new 

subsections: 

Notwithstanding any other provisions of these rules. any credible evidence may be used for the 

purpose of establishing whether a person has violated or is in violation of any provisions herein. 

Information from the use of the following methods is presumptively credible evidence of 

whether a violation has occurred at a source: 

(a) A monitoring method approved for the source and incorporated in an operating 

permit; 

(b) Compliance test methods. 

(c) Testing or monitoring methods approved for the source in an issues construction 

permit. 

The following testing, monitoring or information-gathering methods are presumptively credible 

testing, monitoring, or information-gathering methods: 

(a) Any monitoring or testing methods provided in these rules; or 

(b) Other testing, monitoring, or information-gathering methods that produce information 

comparable to that produced by any above. 

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(1) Approval of the compliance schedule. The board ofhealth officer shall approve the 

compliance schedule when it concludes that such action is appropriate and if it can be 

shown that the effect of the air contaminant emission presents no immediate hazard to the 

public health, safety or welfare. The compliance schedule may be granted approval 

subject to conditions specified by the board of health; or 

(2) Denial of a compliance schedule. The board of health officer shall deny approval of a 

compliance schedule when it concludes that the schedule is not appropriate or that such action is required to prevent a hazard to the public health, safety or welfare. A denial 

shall be without prejudice to the right of the applicant to request a hearing before the 

board ofhealth. assigned hearing officer. 

Article XI. Compliance Schedules, Section 5-57. Progress Reports Required, is 

amended as follows: 

(a) Reports indicating the progress of any reconstruction programs, alterations or other plans 

to bring existing equipment into compliance with this chapter shall be submitted quarterly to the 

health officer by any person subject to an approved compliance schedule. 

(b) If the progress of the program is deemed by the health officer to be unsatisfactory 

because he finds either,;. 

(1) that fl No progress has been made, or 

(2) that-t-I.he amount of progress shown indicates an insincere attempt to comply with the terms 

of this chapter, or 

(3) that-t-Ihe program intended to be pursued would not reasonably bring the equipment into 

compliance with the terms of this chapter, or 

(4) that-t-Ihe program intended to be pursued would not reasonably bring the equipment into 

compliance with the terms of this chapter, or 

(5) that-t-Ihe program while sufficient to bring the equipment into compliance with the terms of 

this chapter is nevertheless designed or established so as to consume an inordinate or an 

unreasonable amount of time to bring the equipment into compliance,. 

Upon a determination of unsatisfactory progress the health office may deny or suspend the 

compliance schedule and to institute appropriate legal proceedings to enforce this chapter. 

then the health officer may request the board of health to deny or suspend the compliEmce 

schedule and to institute appropriate legal proceedings to enforce this chapter. 

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3) Article III. Incineration and Open Burning, Section 5-7 (d) Variance Application, refers to 

section 5-59 of the Polk County Rules and Regulations. Section 5-59 is not in the Polk County 

SIP and therefore, will not be approved with this submittal. 

4) As identified by IDNR in their September 9, 2013 letter, EPA is requested not to act on Article 

VI, Sections 5-16 (n), (o), and (p) which pertain to New Source Performance Standards (NSPS). 

5) As identified by IDNR in their September 9, 2013 letter, EPA is requested not to act on all parts 

of Article VIII, which pertain to National Emission Standards Hazardous Air Pollutants 

(NESHAPS). 

6) Article X, Section 5-35(b )(5) as related to biogenic deferral of GHG. ** 

Record of Rulemaking 

Iowa Department of Natural Resources 

Notice of Public Hearing June 28,2013, and July 15,2013 

Adopted by Board July 30, 2013 

Effective date of regulations August 5, 2013 

Rule package received by EPA September 20, 2013 

**Request to not act on Section 5-1 of Article I, GHG 

definition, and Section 5-35(b)(5) of Article X as related to 

biogenic deferral of GHG. April15, 2014 

* The definition of "anaerobic lagoon" is withdrawn at the 

request of IDNR via email. October 31, 2014 

CONCLUSION 

I propose approval for IDNR's request to update Polk County Board of Health Rules and Regulations, 

Chapter V, Air Pollution. These changes were adopted by the Polk County Board of Health/Supervisors 

on July 30,2013 and submittal clarified on April15, 2014. Although there was an oversight on an 

exemption, which is inconsistent with the state, the air quality impact of allowing a facility to operate 

under this exemption, is understood to be negligible. 

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