UNITEDSTATESENVIRONMENTALPROTECTIONAGENCYREGION7MEMORANDUM11201RennerBoulevardLenexa,Kansas66219DEC142014SUBJECT:TechnicalSupportDocumentforApprovalofRevisionstotheIowaStateImplementationPlan(SIP)forthePolkCountyBoardofHealthRulesandRegulations,ChapterV,AirPollutionFROM:HeatherIowaStateManager,AWMD/APDB/CPPSTO:IA-164;DocketNo.EPA-RO?-OAR-2014-0163THRU:JoshuaTappBranchChief,AWMD/APDBMichaelJaySectionChief,AWMD/APDB/AtPSRULEMAKINGSUMMARYTheIowaDepartmentofNaturalResources(IDNR)hasrequestedthatEnvironmentalProtectionAgency(EPA)approverevisionstoitsSIPtoincludeupdatestothePolkCountyBoardofHealthRulesandRegulations,ChapterV,AirPollution.PolkCountyupdatedChapterV,ArticleIthroughArticleXIII.ThesechangeswereadoptedbythePolkCountyBoardofHealth/SupervisorsonJuly30,2013,andwereeffectiveonAugust5,2013.ThePolkCountyBoardofSupervisorshasfulllegalauthoritytodeveloprulespursuanttoSection455BoftheIowaCode.Specifically,IDNRhasrequestedthatEPAapproveallchangesexceptforArticleVI,Sections5-16(n),(o),and(p)whichpertaintoNewSourcePerformanceStandards(NSPS)andallpartsofArticleVIII,whichpertaintoNationalEmissionStandardsHazardousAirPollutants(NESHAPS).TheIowaDepartmentofNaturalResources(IDNR)submittedtheSIPrevisionforPolkCountyonSeptember9,2013.OnApril15,2014,IDNRamendedtheirrequesttothePolkCountySIPrevision.IDNRhasnotifiedEPAthatitiswithdrawingtheSIPrevisionrequestsforSection5-1ofArticleItoadoptgreenhousegasesdefinitionandsection5-35(b)(5)ofArticleXrelatingtogreenhousegasemissions.ThiswithdrawalrequestisinrecognitionoftheJuly12,2013,U.S.CourtofAppealsfortheDistrictofColumbiadecisionwhichvacatedtheregulationknownasthe"biogenicdeferralrule"(No.11-1101(D.C.Cir,July12,2013)).TheU.S.CourtofAppealsdecisionsoccurredaboutthesametimeasPolkCountywasupdatingtheirBoardofHealthRulesandRegulations,andassuch,theconflictbetweenthePolkCountyordinancesandtheCourtdecisionwasunavoidable.IDNRsentan1emailtoclarifythewithdrawalofanaerobiclagoononOctober31,2014.PrintedonRecycledPaper

# ANALYSIS

OF SIP REVISION In September 2013, the IDNR requested

to amend
the SIP
to include updates

to the Polk County Board of Health Rules and Regulations.

The revisions

to the Polk County Board

of Health Rules and Regulations

have been evaluated

by IDNR and EPA Region

7 to ensure
the stringency

of the Iowa SIP

is maintained. Generally speaking,

the Polk County rules reflect
the IDNR administrative

code and provide consistency between

the state and local regulations.

In 

# some cases, EPA Region

7's analysis resulted

in further clarification
being needed from IDNR

in order

to proceed with action

on the state's request.

If
a 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

l is 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

22.Generatorsatindustrialfacilitiesthattypicallyoperateatlowrates,butarenotconfinedtoemergencypurposes;or3.Anystandbygeneratorsthatareusedduringtimeperiodswhenpowerisavailablefromtheelectricutility."EPAreferencemethod"meansanymethodofsamplingandanalyzingforanairpollutantasdescribedin40CFR51,AppendiJlM(asamendedthroughJune16,1997);40CFR52AppendicesDandE(asamendedthroughFebruary6,1975);40CFR60,AppendicesA(asamendedthroughSeptember28,2007),B(asamendedthroughSeptember28,2007),C(asamendedthroughDecember16,1975),andF(asamendedthroughJanuary12,2004);40CFR61,AppendixB(asamendedthroughOctober17,2000);40CFR63,AppendixA(asamendedthroughOctober17,2000);and40CFR75,AppendicesA(asamendedthroughJanuary24,2008),B(asamendedthroughJanuary24,2008),F(asamendedthroughJanuary24,2008,andcorrectedonFebruary13,2008)andK(asamendedthroughJanuary24,2008).thefollowingmethodsusedforperformancetestsandcontinuousmonitoringsystems:a.Performancetest.AstacktestshallbeconductedaccordingtoEPAreferencemethodsspecificin40CFR51,AppendixM(asamendedthroughDecember21,2010);40CFRPart60,AppendixA(asamendedthroughSeptember9,2010);40CFR61,AppendixB(asamendedthroughOctober17,2000);and40CFR63,AppendixA(asamendedthroughAugust20,2010).b.Continuousmonitoringsystems.Minimumperformancespecificationsandqualityassuranceproceduresforperformanceevaluationsofcontinuousmonitoringsystemsshallbethosespecifiedin40CFR60,AppendixB(asamendedthroughSeptember9,2010);AppendixF(asamendedthroughSeptember9,2010;40CFR75,AppendixA(asamendedthroughMarch28,2011);AppendixB(asamendedthroughMarch28,2011);andAppendixF(asamendedthroughMarch28,2011)."Grainprocessing"meanstheequipment,orthecombinationofdifferenttypesofequipment,usedintheprocessingofgraintoproduceaproductprimarilyforwholesaleorretailsaleforhumanoranimalconsumption,includingtheprocessingofgrainforproductionofbiofuels,exceptfor"feedmillequipment,"as"feedmillequipment"isdefinedinrule567-22.10(455B)."Grainstorageelevator"meansanyplantorinstallationatwhichgrainisunloaded,handled,cleaned.dried,stored,orloadedandthatislocatedatanywheatflourmill,wetcommill,drycommill(humanconsumption),ricemill,orsoybeanoilextractionplantwhichhasapermanentgrainstoragecapacity(grainstoragecapacitywhichisinsideabuilding,bin,orsilo)ofmorethan35,200m3(ca.1millionU.S.bushels)."MaximumachievablecontroltechnologyCMACT)floor"meansthefollowing:1.Forexistingsources,theaverageemissionlimitationachievedbythebest12percentoftheexistingsourcesintheUnitedStates(forwhichtheadministratororthedepartmenthasorcouldreasonablyobtainemissionsinformation),excludingthosesourcesthathave,within18monthsbeforetheemissionstandardisproposedorwithin30monthsbeforesuchstandardispromulgated.whicheverislater,firstachievedalevelofemissionrateoremissionreductionwhichcomplies,orwouldcomplyifthesourceisnotsubjecttosuchstandard,withthelowestachievableemissionrateapplicabletothesourcecategoryandprevailingatthetime,forcategoriesandsubcategoriesofstationarysourceswith30ormoresourcesinthecategoryorsubcategory,ortheaverageemissionlimitationachievedbythebest-performingfivesourcesintheUnitedStates(forwhichtheadministratororthedepartmenthasorcouldreasonablyobtain3emissions information),

for

a category

or subcategory

of stationary sources with fewer than
30 sources

in the category

or subcategory

. 2. For new sources,

the emission limitation achieved

in practice

by the best-controlled
similar source. "Particulate matter" meaHs aHy airborne fiHely divided solid

or liquid material·.vith

an aerod)'Hamic diameter smaller than 100 micrometers.(
except

for the purposes

of the New Source Performance Standards

as defined

in 40 CFR Part 60) means any material, except uncombined
water, that exists

in

a 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 .....

.



### 4ArticleII.Authority,Section5-4.PowersoftheHealthOfficer,isamendedasfollows:(13)Requireeachowneroroperatorofanyequipment,asdefinedherein,uponnotificationfromthehealthofficer,tomaintainrecordsofthenatureandamountsofaircontaminantemissionsfromsuchsourceandanyotherinformationasmaybedeemednecessarybytheboardofhealthhealthofficer,todeterminewhethersuchsourceisincompliancewiththeapplicableemissionlimitationsorothercontrolmeasures.ArticleIII.IncinerationandOpenBurning,Section5-7.OpenBurningProhibitedisamendedandreorganizedintosectionsasfollows:WProhibition"Prohibition"isinsertedatthebeginningofSection5-7andproceedsthroughthefirstsevenparagraphs.WBurnPermits"BurnPermits"isinsertedbeforetheparagraph"Uponreceiptofawrittenrequestonafi"orm....ArticleIII.IncinerationandOpenBurning,Section5-7.OpenBurningProhibited(b)BurnPermits.(5)isamendedbydeletingtheexistingparagraphandthefollowingisadoptedinlieuof:(5)Trainingfires.Forpurposesofthissection,a"trainingfire"isafiresetforthepurposesofconductingbonafidetrainingofpublicorindustrialemployeesinfirefightingmethods.Forpurposesofthisparagraph,"bonafidetraining"meanstrainingthatisconductedaccordingtotheNationalFireProtectionAssociation1403StandardofLiveFireTrainingEvolutions(2002Edition)oracomparabletrainingfirestandard.Atrainingfiremaybeconducted,providedthatallofthefollowingconditionsaremet:(a)Atrainingfireonabuildingisconductedwiththebuildingstructurallyintact.(b)Thetrainingfiredoesnotincludethecontrolledbumofademolishedbuilding.(c)Ifthetrainingfireistobeconductedonabuilding,writtennotificationmustbeprovidedtothedepartmentandIowaDepartmentofNaturalResources(IDNR)Form542-8010andispostmarkedordeliveredtothedepartmentatleasttenworkingdaysbeforesuchactioncommences.(d)NotificationshallbemadetothedepartmentandIDNRinaccordancewith40CFRSection61.145,"StandardforDemolitionandRenovation"oftheasbestosNationalEmissionsStandardforHazardousAirPollutantsCNESHAP),asamendedthroughJanuary16,1991.(e)Allasbestos-containingmaterialsshallberemovedpriortothetrainingfire.(f)Asphaltroofingmaybeburnedinthetrainingfireonlyifnotificationtothedepartmentcontainstestingresultsindicatingthatnoneofthelayersofasphaltroofingcontainasbestos.Duringeachcalendaryear,eachfiredepartmentmayconductnomorethantwotrainingfiresonbuildingswhereasphaltroofinghasnotbeenremoved,providedthatforeachofthosetrainingfiretheasphaltroofingmaterialpresenthasbeentestedtoensurethatitdoesnotcontainasbestos.fltlgRubbertiresshallnotbeburnedduringatrainingfire.5

### Article
III. Incineration

and Open Burning, Section
5-7. Open Burning Prohibited

(c) Exemptions,

is amended

by inserting

the following language: 

## tet Exemptions. 1. Fireplaces

or grills. This section shall not apply

to outdoor fireplaces

or grills burning untreated wood

or charcoal, used solely
for the non-commercial preparation

of food
or recreation.
Such outdoor fireplaces

or grills shall not be used for the burning

of refuse, rubbish,

or garbage. 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. 6b

. New equipment. Unless otherwise specified

by the department,

all new equipment

shall be tested
by the owner

or the owner's authorized agent

to determine compliance

with applicable emission limits. Test conducted

to demonstrated compliance

with the requirements

of the rules

or

a permit shall be conducted within

60 days
of achieving maximum production

but no later than 180 days of startup, unless

a shorter time frame

is specified

in the permit. c. Existing equipment.

The director may require

the owner

or the owner's authorized
agent

to conduct

an emission

test on any equipment

if the director

has reason

to believe
that the equipment
does not comply with the applicable requirements. Grounds

for requiring
such

a 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. 7

### b. Continuous monitoring systems. Minimum performance specifications

and quality assurance procedures

for performance evaluation

of continuous monitoring systems

are those specified in 40 CFR 60, Appendix

B (as amended through September

9. 2010) and Appendix

F (as amended through September

9, 2010) and 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, 2011) The owner

of the equipment

or the owner's authorized agent may use an alternative methodology

for continuous monitoring systems

if approved

by the department

in writing prior

to conduction

the minimum performance specification

and 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.



### 8NOTE:ThePolkCountyregulationdiffersfromthestateregulationinthatPolkCountyisexemptingpyrolysiscleaningfurnacesandthestatedoesnotprovideforthisexemption.Inthepast,thetermspainthookburn-offovensandpyrolysiscleaningfurnaceswereinterchangeableterms.ThedifferencebetweenthestateandlocalregulationswasanoversightonthepartofIDNRintheirreviewofthelocalordinance.Inreviewofthisaction,EPARegion7hasworkedwiththestatetoensurethattheairqualityimpactofthisoversightisnegligible.OnlyonefacilityinPolkCountyutilizestheexemption.TheotherunitsinPolkCountyarelargerthanthe25poundperhourexemptionlimit.PolkCountyintendedtobemoredescriptiveintheexemptionandspecificallystate"painthookburn-offovens"sinceseveralofthecounty'sfacilitiescalltheirincinerators/pyrolysiscleaningfurnaces,"painthookburn-offovens."Again,PolkCountywasnottryingtolimitthisexemptiontoasubsetofincineratorsandpyrolysiscleaningfurnaces.(18)Aninternalcombustionengineburningexclusivelynaturalgasorpropanewithabrakehorsepowerratingoflessthan100measuredattheshaft.Forthepurposeofthisexemption,themanufacturer'snameplateratingatfullloadshallbedefinedasthebrakehorsepoweroutputattheshaft.UseofthisexemptiondoesnotrelieveanowneroroperatorfromanyobligationtocomplywiththeNewSourcePerformanceStandards(NSPS)orNationalEmissionStandardsforHazardousAirPollutants(NESHAP)requirements.(50)Productionwelding:(A)Weldingusingaconsumableelectrode,providedthattheconsumableelectrodeusedfallswithinAmericanWeldingSocietyspecificationA5.18/A5.18MforGasMetalArcWelding(GMAW),A5.1orA5.5forShieldedMetalArcWelding(SMAW),andA5.20forFluxCoreArcWelding(FCAW),andprovidedthatthequantityofallelectrodesusedatthefacilityoftheacceptablespecificationsisbelow12,500poundsperyearGMAWand1,600poundsperyearforSMAWorFCAW.Recordsthatidentifythetypeandannualamountofweldingelectrodeusedshallbemaintainedonsitebytheowneroroperatorforaperiodofatleasttwocalendaryears.Forfacilitieswhereelectrodeusageexceedstheselevels,theweldingactivityisexemptediftheamountofelectrodeused(Y)islessthan:"Y"=thegreaterof11x -160or12,500forGMAW,or"Y"=thegreaterof84x-1,200or1,600forSMAWorFCAWWhere"x"istheminimumdistancetothepropertylineinfeet.and"Y"istheannualelectrodeusageinpoundsperyear.Ifthefacilityhasweldingprocessesthatfitintobothofthespecifiedexemptions,themoststringentlimitsmustbeapplied.(B)Resistancewelding,submergedarcwelding,orarcweldingthatdoesnotuseaconsumableelectrode,providedthatthebasemetalsdonotincludestainlesssteel,alloysoflead,alloysofarsenic,oralloysofberylliumandprovidedthatthebasemetalsareuncoated,excludingmanufacturingprocesslubricants;(51)Electrichandsoldering,wavesoldering,andelectricsolderpastereflowovens;Newormodifiedweldingoperationswillbelimitedto37,000poundsperyearoflead-containingsolder.9

### Article

X. Permits, Division



### 1. Construction Permits, Section 5-34. Construction Permit filing/review

fees,

is amended

as follows: a) All fees prescribed

for construction permit filing review shall be made payable

to the County Treasurer

or Air Quality Division

of Polk County, Iowa and shall accompany

each application

for permit.

All sums

so received shall become part of the Air Pollution Quality Enterprise
fund.

A receipt shall be issued

to the person making such payment, stating
the amount
and purpose

for which 

### sueh the fee has been paid.

A duplicate

of the receipt shall be 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 thenonfossilized

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.,)).

10ArticleX.Permits,Division2.OperatingPermits,Section5-35.1Annual/OperatingPermitFees,isamendedasfollows:(a)PaymentofFees:AllfeesprescribedfortheissuanceofoperatingpermitsshallbemadepayabletotheCountyTreasurerorAirQualityDivisionofPolkCounty,Iowaandshallaccompanyeachapplicationforapermit.AllsumssoreceivedshallbecomepartoftheAirPollutionQualityEnterprisefund.fe)ExemptionforCertainApplicants:Thehealthofficer,uponreceiptoftimelyapplication,shallexemptfrompaymentofallfeespublicschools,municipalcorporationsandFederal/Statefacilities.(d£)EachsourceincompliancewithacurrentoperatingpermitshallbeexemptfromTitleVoperatingpermitfees.ArticleX.Permits,Division2.OperatingPermits,Section5-39ExemptionsfromPermitRequirementisamendedasfollows:(a)(1)Incineratorsandpyrolysiscleaningfurnacespainthookbum-offovens withamanufacturer'sdesigncapacitylessthan25poundsperhour.Incineratorsinstalled·.vithinasinglefamilydwellingshallcomplywithsection518.Pyrolysiscleaningfurnaceexemptionislimitedtothoseunitsthatuseonlynaturalgasorpropane.Saltbathunitsarenotincludedinthisexemption.Combustiblematerialshallnotcontainlead.NOTE:ThePolkCountyregulationdiffersfromthestateregulationinthatPolkCountyisexemptingpyrolysiscleaningfurnacesandthestatedoesnotprovideforthisexemption.Inthepast,thetermspainthookburn-offovensandpyrolysiscleaningfurnaceswereinterchangeableterms.ThedifferencebetweenthestateandlocalregulationswasanoversightonthepartofIDNRintheirreviewofthelocalordinance.Inreviewofthisaction,EPARegion7hasworkedwiththestatetoensurethattheairqualityimpactofthisoversightisnegligi/Jle.OnlyonefacilityinPolkCountyutilizestheexemption.TheotherunitsinPolkCountyarelargerthanthe25poundperhourexemptionlimit.PolkCountyintendedtobemoredescriptiveintheexemptionandspecificallystate"painthookburn-offovens"sinceseveralofthecounty'sfacilitiescalltheirincinerators/pyrolysiscleaningfurnaces,''painthookburn-offovens."Again,PolkCountywasnottryingtolimitthisexemptiontoasubsetofincineratorsandpyrolysiscleaningfurnaces.(a)(43)Productionwelding.(A)Weldingusingaconsumableelectrode,providedthattheconsumableelectrodeusedfallswithinAmericanWeldingSocietyspecificationA5.18/A5.18MforGasMetalArcWelding(GMAW),A5.1orA5.5forShieldedMetalArcWelding(SMAW),andA5.20forFluxCoreArcWelding(FCAW),andprovidedthatthequantityofallelectrodesusedatthefacilityoftheacceptablespecificationsisbelow200,00012,500poundsperyear.foFGMAWand28,0001,600poundsperyearforSMAWorFCAW.Recordsthatidentifythetypeandannualamountofweldingelectrodeusedshallbemaintainedonsitebytheowneroroperatorforaperiodofatleasttwocalendaryears.11

# For facilities where electrode usage exceeds these levels,
the welding activity

at the facility may be exempted

if the amount

of electrode
used 

# f¥1 "Y"

is less than: **~"Y"** 

# =the greater

of **~llx**



# - 19,200
160 or 200,000 12,500

for GMAW,

or 

# ¥ "Y"

= the greater **of~**


# 84x

- 

# ¥00

1 ,200
or 28,000 1600 for SMA
W of 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. (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. 12ArticleXI.ComplianceSchedules,Section5-56.ComplianceSchedulesRequired,isamendedasfollows:(e)Withinthirty(30)daysfollowingthesubmittalofthecomplianceschedule,Ifthehealthofficerwilldeterminesthatifthecompliancescheduledemonstratessatisfactoryprogresstowardstheeliminationorpreventionofairpollution,thehealthofficershallsubmitinwritinghisfindingstothePolkCountyBoardofHealthwitharecommendationfurappropriateactiontobetakenbytheboardforapplicantindicatingthefollowing:(1)Approvalofthecomplianceschedule.Theboardofhealthofficershallapprovethecomplianceschedulewhenitconcludesthatsuchactionisappropriateandifitcanbeshownthattheeffectoftheaircontaminantemissionpresentsnoimmediatehazardtothepublichealth,safetyorwelfare.Thecomplianceschedulemaybegrantedapprovalsubjecttoconditionsspecifiedbytheboardofhealth;or(2)Denialofacomplianceschedule.Theboardofhealthofficershalldenyapprovalofacomplianceschedulewhenitconcludesthatthescheduleisnotappropriateorthatsuchactionisrequiredtopreventahazardtothepublichealth,safetyorwelfare.Adenialshallbewithoutprejudicetotherightoftheapplicanttorequestahearingbeforetheboardofhealth.assignedhearingofficer.ArticleXI.ComplianceSchedules,Section5-57.ProgressReportsRequired,isamendedasfollows:(a)Reportsindicatingtheprogressofanyreconstructionprograms,alterationsorotherplanstobringexistingequipmentintocompliancewiththischaptershallbesubmittedquarterlytothehealthofficerbyanypersonsubjecttoanapprovedcomplianceschedule.(b)Iftheprogressoftheprogramisdeemedbythehealthofficertobeunsatisfactorybecausehefindseither,;.(1)thatflNoprogresshasbeenmade,or(2)that-t-I.heamountofprogressshownindicatesaninsincereattempttocomplywiththetermsofthischapter,or(3)that-t-Iheprogramintendedtobepursuedwouldnotreasonablybringtheequipmentintocompliancewiththetermsofthischapter,or(4)that-t-Iheprogramintendedtobepursuedwouldnotreasonablybringtheequipmentintocompliancewiththetermsofthischapter,or(5)that-t-Iheprogramwhilesufficienttobringtheequipmentintocompliancewiththetermsofthischapterisneverthelessdesignedorestablishedsoastoconsumeaninordinateoranunreasonableamountoftimetobringtheequipmentintocompliance,.Uponadeterminationofunsatisfactoryprogressthehealthofficemaydenyorsuspendthecompliancescheduleandtoinstituteappropriatelegalproceedingstoenforcethischapter.thenthehealthofficermayrequesttheboardofhealthtodenyorsuspendthecompliEmcescheduleandtoinstituteappropriatelegalproceedingstoenforcethischapter.13

### ITEMS NOT ACTED UPON

IN THIS RULEMAKING This rulemaking

does not act on six items. 1) *Article

1, Section
5-2, definition

of "Anaerobic Lagoon." 2) **Article

1, Section
5-2, definition

of "Greenhouse Gases." 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.

14