**AI R QUA** **LITY TA** **BLE OF CONTENTS 10.1 Purpose and A** **mbient A ir Quality**  **Standards ................................**  **..................... 1**  **10.2 Definitions ................................**  **................................ ................................**  **............. 1**  **10.3 A ir Quality Division**  **................................ ................................**  **.............................. 6**  **10.4 Title V and Voluntary**  **Permits ................................**  **................................ ..............**  **6 10.5 Locally** 

**Required Permits ................................**  **................................ ....................**  **6 10.6 Permit Fees**  **................................ ................................**  **................................ .........**  **11 10.7 Visible Emissions**  **................................ ................................**  **............................... 11**  **10.8 Emissions From Fuel -**  **Burning Equipment**  **................................ .......................**  **11 10.9 Emissions Standards**  **................................ ................................**  **......................... 12**  **10.10 Open Burning ................................**  **................................ ................................**  **... 13**  **10.11 Emissions of Objectionable Odors ................................**  **................................ .**  **13 10.12 Sulfur Compounds**  **................................ ................................**  **........................... 13**  **10.13 Fugitive Dust ................................**  **................................ ................................**  **..... 14**  **10.14 Excess Emission ................................**  **................................ ..............................**  **14 10.15 Variances**  **................................ ................................**  **................................ ..........**  **14 10.16 Circumvention**  **................................ ................................**  **................................ ..**  **14 10.17 Testi**  **ng and Sampling of New and Existing Equipment ................................**  **14 10.18 A** **naly sis Fees**  **................................ ................................**  **................................ ...**  **17 10.19 Submission of Information**  **................................ ................................**  **.............. 18**  **10.20 Public Records and Fair Information Practices ................................**  **............. 18**  **10.21 Prevention of A ir Pollution Emergency**  **Episodes ................................**  **......... 18**  **10.22 Enforcement ................................**  **................................ ................................**  **..... 18**  **10.23 Sealing ................................**  **................................ ................................**  **.............. 18**  **10.24 Penalty ................................**  **................................ ................................**  **.............. 18**  **10.25 Jurisdiction ................................**  **................................ ................................**  **....... 18**  **10.26 Repealer ................................**  **................................ ................................**  **............ 18**  **10.27 Severability**

**Clause ................................**  **................................ ..........................**  **18 10.28 When Effective**  **................................ ................................**  **................................ ..**  **18**Page 1 of 108 Linn County Ordinance #1
- 1
-2015 **LINN COUNTY ORDINA NCE**  **#1 -**  **1 -** **2015 PROVIDING FOR A** **IR QUA LITY**  BE IT ENACTED by the Board of Supervisors, Linn County, Iowa, that Linn County Ordinance #1
- 1
-2015 as codified in Linn County Code of Ordinance Chapter 10 is hereby rescinded and in its place is enacted Linn County Ordinance #1
- 1
-2015 as set out in full herein. **10.1 Purpose and A** **mbient A ir Quality**  **Standards** It is the public policy of the Linn County Board of Health, and the Linn County Board of Supervisors, that the purpose of this ordinance is to achieve and mainta in such levels of air quality as will protect human health and safety, and to the greatest degree practicable, prevent injury to plant and animal life and property, foster the comfort and convenience of the people, promote social development of Linn County , foster economic development, and facilitate the enjoyment of the natural attractions of Linn County, Iowa. The Department has jurisdiction over the atmosphere of the county to prevent, abate and control air pollution, by establishing standards for air q uality and by regulating potential sources of air pollution through a system of general rules or specific permits

. The Linn County ambient air quality standards shall be the National Primary and Secondary Ambient Air Quality Standards as published in 40 C ode of Federal Regulations Part 50 (1972) and as amended at 38 Federal Register 22384 (September 14, 1973), 43 Federal Register 46258 (October 5, 1978), 44 Federal Register 8202, 8220 (February 9, 1979), 52 Federal Register 24634
-24669 (July 1, 1987), 62 F ederal Register 38651
- 38760, 38855
- 38896 (July 18, 1997) , 71 Federal Register 61144
- 61233 (October 17, 2006), 73 Federal Register 16436
- 16514 (March 27, 2008), 73 Federal Register 66964
- 67062 (November 12, 2008) , and 75 Federal Register 6474
- 6537 (February 9, 2010), and 75 Federal Register 35520
- 35603 (June 22, 2010) as adopted by reference by the DNR at 567 IAC 28 .1. Linn County shall implement these rules in a time frame and schedule consistent with implementation schedules in federal laws, regulations , and Iowa statutes and rules

. All references to 567 IAC Chapter 20 are effective December 1 1 , 201 3

. All references to 567 IAC Chapter 21 are effective September 10 , 2008. All references to 567 IAC Chapter 22 are effective August 6 , 2014

. All references to 567 IAC Chapter 23 are effective August 6 , 2014. All references to 567 IAC Chapter 25 are effective September 19 , 2012

. All references to 567 IAC Chapter 28 are effective September 18 , 2013

. All references to 567 IAC Chapter 29 are effective April 8 , 1998. All references to 567 IAC Chapter 33 are effective December 11, 2013

. All references to 567 IAC Chapter 34 are effective October 7 , 2009

. **10.2 Definitions**Page 2 of 108 Linn County Ordinance #1
- 1
-2015

For use in this ordinance, certain terms and words used herein shall be interpreted or defined as follows:

"Act" through “ Emission limitation and emission standard .” No changes made.

" Emission s Unit" means any part or activity of a stationary source that emits or has the potential to emit any regulated air pollutant or any pollutant listed under Section 112(b) of the Act. This term is not meant to alter or affect the definition of the term " unit" for purposes of Title IV of the Act or any related regulations.

" EPA conditional method " through “ Gas cleaning device .” No changes made.

" Greenhouse gas e s (GHG) " means the air pollutant defined in 40 CFR §86.1818
- 12(a) (as amended on May 7, 2010) as the aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. GHGs emitted shall be computed as follows: 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 W armin g Potentials, " (as amended on October 30 , 2009 ), and sum the resultant value from paragraph " a " for each gas to compute a tpy CO 2 e .

" Goal " through " Level

. " No changes made

.

" Major modification " means any physical change in or change in the method of operation of a major stationary source that would result in : a significant emissions increase of a regulated NSR pollutant ; and a significant net emissions increase of that pollutant from the major stationary source

. 1. Any significant emissions increase from an y emissions units or net emissions increase at a major stationary source that is significant for volatile organic compounds or NO x shall be considered significant for ozone. 2. A physical change or change in the method of operation shall not include: a. Routin e maintenance, repair, and replacement; b. Use of an alternative fuel or raw material by reason of an order under Section 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation), or by reason of a natural gas curtailment plan in effect pursuant to the Federal Power Act; c. Use of an alternative fuel by reason of an order or rule under Section 125 of the Clean Air Act;
d. Use of an alternative fuel at a steam generating unit to the extent that the fuel is gene rated from municipal solid waste;Page 3 of 108 Linn County Ordinance #1
- 1
-2015

e. Use of an alternative fuel or raw material by a stationary source that the source was capable of accommodating before January 6, 1975 , unless such change would be prohibited under any federally enforceable permit condi tion , or that the source is approved to use under any federally enforceable permit condition ; f. An increase in the hours of operation or in the production rate, unless such change would be prohibited under any federally enforceable permit condition enforcea ble by the Administrator ; g. Any change in ownership at a stationary source; h. Reserved. i. The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the project complies with the requirements within the SIP; and other requirements necessary to attain and maintain the national ambient air quality standards during the project and after the project is terminated; j. The installation or operation of a permanent clean coal technology demonstration proj ect that constitutes repowering, provided that the project does not result in an increase in the potential to emit of any regulated pollutant emitted by the unit. This exemption shall apply on a pollutant- bypollutant basis; k. The reactivation of a very cl ean coal -fired electric utility steam generating unit. 3. This definition shall not apply with respect to a particular regulated NSR pollutant when the major stationary source is complying with the requirements under rule 567 IAC 33.9 for a PAL for that pollutant. Instead, the definition under rule 567 IAC 33.9 shall apply.

" Major stationary source " through " Refuse burning equipment" No changes made

.

" Regulated NSR pollutant" means the following: 1. Any pollutant for which a national ambient air quality standard has been promulgated and any constituents or precursors for such pollutants identified by the Administrator : a) Volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and unclassifiable areas; b) Sulfur dioxide is a precursor to PM 2.5 in all attainment and unclassifiable areas; c) Nitrogen oxides are presumed to be precursors to PM 2.5 in all attainment and unclassifiable areas, unless the department demonstrates to EPA's satisfactionPage 4 of 108 Linn County Ordinance #1
- 1
-2015

or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to the area's ambient PM 2.5 concentrations; d) Volatile organic compounds are presumed not to be precursors to PM 2.5 in any attainment and unclassifiable areas, unless the department demonstrates to EPA's satisfaction or EPA demonstrates that emissions of volatile organic compounds from sources in a specific area are a significant contributor to that area's ambient PM 2.5 concentrations; 2. Any pollutant that is subject to any standard promulgated under section 111 of the Act; 3. Any Class I or Class II substance subject to a standard promulgated under or established by title VI of the Act; or 4. Any pollutant that otherwise is subject to regulation under the Act as defined in 567 IAC 33.3(1), definition of " subject to regulation

. " 5. Notwithstanding paragraphs " 1 " through 4 , " the definition of " regulated NSR pollutant" shall not include any or all hazardous air pollutants that are either listed in Section 112 of the Act or added to the li st pursuant to Section 112(b)(2) of the Act and that have not been delisted pursuant to Section 112(b)(3) of the Act, unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a general pollutant listed under Section 108 of the Act. 6. Particulate matter (PM) emissions, PM 2.5 emissions and PM 10 emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures.

" Replacement unit" means an emissions unit for which all the criteria listed in paragraphs "1" through "4" of this definition are met. No creditable emissions reductions shall be generated from shutting down the existing emissions unit that is replaced. 1. The emissions unit is a reconstructed unit with in the meaning of 40 CFR 60.15(b)(1) as amended through December 16, 1975, or the emissions unit completely takes the place of an existing emissions unit. 2. The emissions unit is identical to or functionally equivalent to the replaced emissions unit. 3. The replacement unit does not change the basic design parameter(s) of the process unit. 4. The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. If the replaced emissions unit is brought back into operation, it shall constitute a new emissions unit.

" Residential waste " No change made

.

" Responsible Official " means one of the following:Page 5 of 108 Linn County Ordinance #1
- 1
-2015

1. For a corporati on: a president, secretary, vice - president or treasurer of the corporation in charge of a principal business function or any other person who performs similar policy or decision
- making functions for the corporation or duly authorized representative of suc h person if the representative is responsible for the overall operation of one or more manufacturing production or operating facilities applying for or subject to a permit and either: the facilities employ more than 250 persons or have a gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or the delegation of authority to such representative is approved in advance by the permitting authority. 2. For a partnership or sole proprietorship: a general partner or the proprie tor respectively. 3. For a municipality, state, federal, or other public agency: either a principal executive officer or ranking elected official. For the purposes of this chapter, a principal executive office of a federal agency includes the Chief Executi ve Officer having responsibility for the overall operations of a principal geographic unit of the agency (eg. A regional Administrator of the EPA). 4. For Title IV affected facilities: the designated representative insofar as actions, standards, requireme nts or prohibitions under Title IV of the Act or the regulations promulgated thereunder are concerned; and the designated representative for any other purposes under this chapter or the Act.

" Rubbish " through " Shutdown

. " No changes made

.

" Significant" me ans : 1. I n reference to a net emissions increase or the potential of a source to emit any of the following pollutants, at a rate of emissions that would equal or exceed any of the following rates: Pollutant and Emissions Rate Carbon monoxide: 100 to ns per year (tpy) Nitrogen oxides: 40 tpy Sulfur dioxide: 40 tpy Particulate matter: 25 tpy of particulate matter emissions PM 10 : 15 tpy PM 2.5 : 10 tpy of direct PM 2.5 emissions; 40 tpy of sulfur dioxide emissions; 40 tpy of nitrogen oxide emissions (u nless the department demonstrates to EPA's satisfaction that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to the area's ambient PM 2.5 concentrations) Ozone: 40 tpy of volatile organic compounds or NO x Lea d: 0.6 tpy Fluorides : 3 tpy Sulfuric acid mist : 7 tpy Hydrogen sulfide (H 2 S) : 10 tpy Total reduced sulfur (including H 2 S): 10 tpy Reduced sulfur compounds (including H 2 S): 10 tpyPage 6 of 108 Linn County Ordinance #1
- 1
-2015

Municipal waste combustor organics (measured as total tetra
- through octa chlorinated dibenzo - p -dioxins and dibenzofurans): 3.2 x 10 -6 megagrams per year ( 3.5 x 10 -6 tpy) Municipal waste combustor metals (measured as particulate matter): 14 megagrams per year ( 15 tons per year) Municipal waste combustor acid gases (measure d as sulfur dioxide and hydrogen chloride): 36 megagrams per year (40 tons per year) Municipal solid waste landfill emissions (measured as nonmethane organic compounds): 45 megagrams per year (50 tons per year) 2. "Significant" means, for purposes of this ru le and in reference to a net emissions increase or the potential of a source to emit a regulated NSR pollutant not listed in paragraph "1," any emissions rate. 3. Notwithstanding paragraph "1," "significant," for purposes of this rule, means any emissions rate or any net emissions increase associated with a major stationary source or major modification, which would construct within ten kilometers ofa Class I area and have an impact on such area equal to or greater than 1 μ g/m 3 (24
- hour average).

" Six
- minute p eriod " through " Standard metropolitan statistical area (SMSA)

. " No changes made

.

" Startup " means the setting into operation of any control equipment or process equipment or process for any purpose.

" State Implementation Plan (SIP) " through " 12
- month roll ing period

. " No changes made

.

" 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, pigmentstain, adhesive, varnish, lacquer, or resin or that h ave 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 matte r that has not been treated with pesticides or fungicides.

" Urban area " through "Volatile organic compound

. " No changes made. **10.3 A ir Quality Division**  No changes made

. **10.4 Title V and Voluntary Permits**  No changes made. **10.5 Locally**

**Required Per mits**  1. Application for Permits through 8. Provision for Sampling and Testing Facilities. No changes made.Page 7 of 108 Linn County Ordinance #1
- 1
-2015

9. Exemptions from the Authorization to Install Permit and Permit to Operate Requirements . The provisions of §10.5 shall not apply to the followin g equipment, except when Prevention of Significant Deterioration Standards (567 IAC 33.1 ); New Source Performance Standards (40 CFR Part 60 NSPS), (567 IAC 23.1(2), (§10.9(2)); Emission Standards for Hazardous Air Pollutants (40 CFR Part 61 NESHAP), (567 IAC 23.1(3), (§10.9(3)); or Emission Standards for Hazardous Air Pollutants for source categories (40 CFR Part 63 NESHAP), (567 IAC 23.1(4), (§10.9(4) are applicable ))

. a. Fuel - burning equipment for indirect heating and re
- heating furnaces or cooling units using natural or liquefied petroleum gas with a capacity of less than 10 million B tu per hour input per combustion unit. b. Fuel - burning equipment for indirect heating or cooling with a capacity less than 1 million B tu per hour input per combustion unit when burning fuel oil grade #1 and #2. This exemption does not apply to equipment burning waste oil. “c.” through “m.” No change s made

. n. Asbestos demolition and renovation projects subject to 40 CFR 61.145 as amended through January 16, 1991 , as amended i n 567 IAC 22.1(2) " k"

. “o.” through “t.” No changes made.
u. Incinerators and pyrolysis cleaning furnaces with a rated refuse burning capacity of less than 25 pounds per hour constructed, installed, reconstructed or altered 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 constructed, installed, reconstructed, or modifie d 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

. “t.” through “cc.” No changes made. dd. Production welding. (1) Consumable electrode. 1. We lding operations for which initiation of construct ion , install ation , reconstruct ion , or alteration (as defined in 10.2) on or before October 23, 2013, using a consum able electrode, provided that the consumable electrode used fall s within American W elding Society specification A5.18/A5.18M for Gas Metal Arc W elding (GMAW ), A5.1 or A5.5 for Shielded Metal Arc W elding (SMAW ), and A5.20 for Flux Core Arc We lding (FCAW ), a nd provided that the quantity of all electrodes used at the stationary source of the acceptable specifications is below 200,000 pounds per year of GMA W and 28,000 pounds per year for SMAWor FCA

W. Records that identify the type and annual amount ofPage 8 of 108 Linn County Ordinance #1
- 1
-2015 weldin g 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 amou nt of electrode used (Y) is less than: Y = the greater of 1380x

– 19,200 or 200,000 for GMA W, or Y = the greater of 187x

– 2,600 or 28,000 for SMAWor FCA W Wh ere "x" is the minimum distance to the property line in feet and "Y" is the annual electrode us age 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. We lding operations for which initiation of construction , install ation , reconstruct ion, or alteration (as defined in 10.2) occurred after October 23, 2013, using a consumable electrode, provided that the consumable electrode falls within American W elding Society specification A5.18/A5.18M for Gas Metal Arc W elding (GMAW ), A5.1 or A5.5 for Shielded Metal Arc W elding (SMAW ), and A5.20 for Flux Core Arc We lding (FCAW ), and provided that the quantity of all electrodes used at the stationary source of the acceptable specification is below 1,600 pounds per year for GMAWand 12,500 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 1,600 for GMA W, or Y = the greater of 11x

– 160 or 12,500 for SMAWor FCA W Wh ere "x" is the minimum distance of 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 wel ding, or arc welding that does not use a consumable electrode, provided that the base metals do not include any stainless steel, alloys of lead, alloys of arsenic, or alloys of beryllium and provided that the base metals are uncoated, excluding manufacturi ng process lubricants. ee. Electric hand soldering, wave soldering, and electric solder paste reflow ovens for which initiation of construction, installation, reconstruction, or alteration (as defined in 10.2) occurred on or before October 23, 2013. Ele ctric hand soldering, wa ve soldering, and electric solder paste reflow ovens for which initiation of construction, installation, reconstruction, or alteration (as defined in 10.2) occurred after October 23, 2013, shall be limited to 37,000 pounds or less p er 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

.Page 9 of 108 Linn County Ordinance #1
- 1
-2015

Pressurized piping and storage system s for natural gas, propane, liquefied petroleum gas (LPG), and refrigerants, where emissions could only result from an upset condition. “ff.” through “kk.” No changes maded ll. Each production painting, adhesive or coating unit 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, emission limits, stack testing, record - keeping or reporting requirements under 10.9(2), 10.9(3), or 10.9(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.
mm. 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: 2 pounds per year of le ad and lead compounds expressed as lead (40 pounds per year for research and development activities that commenced on or before October 23, 2013); 5 tons per year of sulfur dioxide; 5 tons per year of nitrogen oxides; 5 tons per year of volatile organic co mpounds; 5 tons per year of carbon monoxide; 5 tons per year of particulate matter (particulate matter as defined in 40 CFR Part 51.100(pp) as amended through November 29, 2004); 2.5 tons per year of PM 10 ; 0.52 tons per year of PM 2.5 (does not apply to res earch and development activities that commenced on or before October 23, 2013); and 5 tons per year of hazardous air pollutants (as defined in 10.2); 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 subparagraph (1) above. These records shall: 1. Include a list of equipment that is included under the exemption; 2. Include records of actual operation an d 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 emission s, 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 n ormal business hours and for state and EPA on
-site inspections, and be provided to the director or the director's designee upon request. FacilitiesPage 10 of 108 Linn County Ordinance #1
- 1
-2015

designated as major sources pursuant to rules 567 IAC 22.4 and LCCO 10.4 , or subject to any applicable fede ral 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 e mission 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; and 2. That are conducted for the primary purpose of theoretical research or research and development into new or improved processes and products; and 3. That do not manufacture more than de minimis amounts of commercial products; and 4. That do not contribute to the manufactu re of commercial products by collocated sources in more than a de minimis manner.
nn. A non - road diesel fueled engine, as defined in 40 CFR 1068.30 and as amended through October 8, 2008, with a brake horsepower rating of less than 1,100 at full load mea sured 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 quali fy

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 with 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 departmen t upon request. (3) This exemption shall not apply to the replacement or substitution of engines for backup power generation at a pipeline compressor station.
10. Emissions Offsets for Non
-Attainment Designated Areas . Rule 567 IAC 22.5 of the Iowa Administrative Code, is hereby made a part of this Ordinance by reference. 11. Dispersion Credit Allowance . For the purpose of Authorization to Install review, primarily the determination of dispersion credit allowed for stack heights that exceed " good engineerin g practice " , the Iowa Administrative Code rule 567
-23.1(5) as amended, shall apply and is hereby made a part of this Ordinance by reference.Page 11 of 108 Linn County Ordinance #1
- 1
-2015

**10.6 Permit Fees** 1. Initial Applications

. No changes made

. 2. Annual Fee for Permit to Operate . Each Permit to Op erate shall be renewed on the annual operating fee due date, (hereafter referred to as the invoice due date), set by the Air Pollution Control Officer. This provision shall apply to all Permits To Operate required by §10.5 ( 3 ) of this Ordinance. The annua l renewal fee shall be payable for each Permit to Operate, and shall be paid by the invoice due date. If the annual operating fee is not paid by the invoice due date, the permit shall expire and no longer be valid. The permit holder shall be notified by mail by the Air Pollution Control Officer. The Air Pollution Control Officer shall have the authority to deny renewal of any Permit to Operate for equipment that is found to be out of compliance with the emission standards or requirements set out in this Ordinance. The Air Pollution Control Officer shall have the authority to deny issuance of, or the renewal of, any permit to any person who has been previously cited for any violation of this Ordinance and who has not paid in full all fines, court costs an d restitution entered as a judgment against them or who is not in current with any Court ordered payment plan for such fines, court costs and restitution. This provision does not limit the Air Pollution Control Officer's power to otherwise collect unpaid fines, court costs or restitution. 3. Filing Fees for Untimely Permits

. No changes made. 4. Fees required under Sections 10.6(1), 10.6(2) and 10.6(3) above shall be recommended by the Air Pollution Control Officer and be established by resolution of the Linn County Board of Supervisors. **10.7 Visible Emissions** No changes made. **10.8 Emissions From Fuel -**  **Burning Equipment** 1. General Provisions

. “a.” through “c.” No changes made. d. Rescinded
2. Emission Limitation

. No changes made.Page 12 of 108 Linn County Ordinance #1
- 1
-2015

**10.9 Emissions**  **Stand ards**  **1. Emissions of Particulate Matter** No changes made. 2. New Source Performance Standards

. No changes made. 3. Emission Standards for Hazardous Air Pollutants

. No changes made. 4. Emission Standards for Hazardous Air Pollutants for Source Categories

. The federal standards for emissions of hazardous air pollutants for source categories, 40 CFR Part 63 as amended or corrected through December 21, 2012, as adopted in 567 IAC 23.1(4) , are adopted by reference, except those provisions which cannot be delega ted to the states. The corresponding 40 CFR Part 63 subpart designation is in parentheses. An earlier date for adoption by reference may be included with the subpart designation in parentheses (except for paragraph 10.9(4)"zzzz," which specifies a later date for adoption by reference

. 40 CFR Part 63 Subpart B incorporates the requirements of Clean Air Act Sections 112(g) and 112(j) and does not adopt standards for a specific affected facility. Test methods (Appendix A), sources defined for early reducti on provisions (Appendix B), and determination of the fraction biodegraded (F bio ) in the biological treatment unit (Appendix C) of Part 63 also apply to the affected activities or facilities. For the purpose s of this subrule " hazardous air pollutant" has t he same meaning found in 567 IAC 22.100. For the purposes of this subrule a " major source " means any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit conside ring controls, in the aggregate, 10 tons per year or more of any hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants, unless a lesser quantity is established, or in the case of radionuclides, where different c riteria are employed. For the purposes of this subrule an " area source " means any stationary source of hazardous air pollutants that is not a major stationary source as defined in this paragraph. Paragraph 23.1(4) " a, " general provisions (Subpart A) of Part 63, shall apply to owners or operators who are subject to subsequent subparts of 40 CFR 63 (except when otherwise specified in a particular subpart or in a relevant standard) as adopted by reference below.

.

“ a. ” through “zz.” No changes made.

“ aaa. ” and “ bbb. ” Reserved.

“ ccc. ” through “yyyy.” No changes made.
zzzz. Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines. These standards apply to new and existing major sources and to new and existi ng area sources with stationary reciprocating internal combustion engines (RICE). For purposes of these standards, stationary RICE means any reciprocating internal combustion engine which uses reciprocating motion to convert heat energy into mechanical wo rk and which is not mobile. (Part 63, Subpart ZZZZ , as amended through J anuary 30, 2013 )Page 13 of 108 Linn County Ordinance #1
- 1
-2015

“ aaaaa. ” through “uuuuuu.” No changes made
vvvvvv. Emission standards for hazardous air pollutants for area sources: chemical manufacturing. This standard appli es to chemical manufacturing at new and existing facilities that are area sources for hazardous air pollutant emissions. (Part 63, Subpart VVVVVV)

“wwwwww. ” through “ ccccccc. ” No changes made. ddddddd. Emission standards for hazardous air pollutants for area sources: prepared feeds manufacturing . This standard applies to prepared feeds manufacturing that produces animal feed products (not including feed for cats or dogs) and uses chromium or manganese compounds at new and existing facilities that are area sources for hazardous air pollutant emissions. (Part 63, Subpart DDDDDDD) 5. Emission Guidelines

. No changes made. 6. Calculation of emission limitations based on stack height. No changes made. **10.10 Open Burning** No changes made. **10.11 Emissions o f Objectionable Odors**  No changes made. **10.12 Sulfur Compounds** The provisions of this section shall apply to any installation from which sulfur compounds are emitted into the atmosphere. 1. Sulfur Dioxide from Use of Fuels

. No changes made. 2. Other Processes Capable of Emitting Sulfur Dioxide . No person shall allow, cause, or permit the emission of sulfur dioxide from any process, in excess of 500 parts per million, based on volume. This paragraph shall not apply to devices which have been installed for air pollution abatement purposes where it is demonstrated by the owner of the source that the ambient air quality standards are not being exceeded. 3. New Source Performance Standards Sources Capable of Emitting Sulfur Compounds

. No changes ma de.Page 14 of 108 Linn County Ordinance #1
- 1
-2015

**10.13 Fugitive Dust** (1) Attainment and Unclassified Areas. A person shall take reasonable precautions to prevent particulate matter from becoming airborne in quantities sufficient to cause a nuisance as defined in Iowa Code section 657.1 when the p erson allows, causes or permits any materials to be handled, transported or stored or a building, its appurtenances or a construction haul road to be used, constructed, altered, repaired or demolished, with the exception of farming operations or dust generated by ordinary travel on unpaved roads. Ordinary travel includes routine traffic and road maintenance activities such as scarifying, compacting, transporting road maintenance surfacing material, and scraping of the unpaved public road surface. All pers ons, with the above exceptions, shall take reasonable precautions to prevent the discharge of visible emissions of fugitive dusts beyond the lot line of the property on which the emissions originate. The public highway authority shall be responsible for taking corrective action in those cases where said authority has received complaints of or has actual knowledge of dust conditions which require abatement pursuant to this subrule. Reasonable precautions may include, but are not limited to, the following p rocedures:

“ 1 .” to “ 6. ” No changes made

. (2) Nonattainment Areas. Subparagraph (1) notwithstanding, no person shall allow, cause or permit any visible emission of fugitive dust in a nonattainment area for particulate matter to go beyond the lot line of the property on which a traditional source is located without taking reasonable precautions to prevent emission. Traditional source means a source category for which a particulate emission standard has been established in § 10.9, and includes a quarry ope ration, haul road, or parking lot associated with the traditional source. This paragraph does not modify the emission standard stated in § 10.9 , but rather establishes a separate requirement for fugitive dust from such sources. For guidance on the types of controls which may constitute reasonable precautions, see " Identification of Techniques for the Control of Industrial Fugitive Dust Emissions*, " adopted by the State of Iowa Environmental Protection Commission on May 19, 1981. * Available from the Depar tment **10.14 Excess Emission** No changes made. **10.15 Variances** No changes made. **10.16 Circumvention** No changes made. **10.17 Testing and Sampling of New and Existing Equipment**Page 15 of 108 Linn County Ordinance #1
- 1
-2015

1. Continuous Monitoring of Opacity from Coal
- Fire d Steam Generating Units

. The owner or operator of any coal
-fired or coal
-gas -fired steam generating unit with a rated capacity of greater than 250 million BTUs per hour heat input shall install, calibrate, maintain , and operate continuous monitoring equipment to monitor opacity. If an exhaust services more than one steam generating unit as defined in the preceding sentence, the owner has the option of installing opacity monitoring equipment on each unit or on the common stack. Such monitoring equipment shall conform to performa nce specifications specified in §10.17( 9 ). The Air Pollution Control Officer may require the owner or operator of any coal
-fired or coal
-gas -fired steam generating unit to install, calibrate, maintain and operate continuous monitoring equipment to monitor opacity whenever the compliance status, history of operations, ambient air quality in the vicinity surrounding the generator or the type of control equipment utilized would warrant such monitoring. 2. Reserved 3. Reserved 4. Continuous Monitoring of Sulfur Diox ide from Sulfuric Acid Plants

. No changes made. 5. Maintenance of Records of Continuous Monitors . The owner or operator of any facility which is required to install, calibrate, maintain and operate continuous monitoring equipment shall maintain , for a mini mum of two years , a file of all information pertinent to each monitoring system present at the facility. Such information must include but is not limited to all emissions data ( raw data, adjusted data, and any or all adjusted factors used to convert emiss ions from units of measurement to units of the applicable standard ) , performance evaluations, calibrations and zero checks, and records of all malfunctions of monitoring equipment or source and repair procedures performed. 6. Reporting of Continuous Monitori ng Information . The owner or operator of any facility required to install a continuous monitoring system or systems shall provide quarterly reports to the Air Pollution Control Officer , no later than 30 calendar days following the end of the calendar quarter, on forms provided by the Air Pollution Control Officer. This provision shall not excuse compliance with more stringent applicable reporting requirements . A ll periods of recorded emissions in excess of the applicable standards, the results of all cal ibrations and zero checks, and performance evaluations occurring during the reporting period, and any periods of monitoring equipment malfunctions or source upsets and any apparent reasons for these malfunctions and upsets shall be included in the report

. 7. 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. 1. General. The owner of new or existing equipment or the owner's authorized agent shall notify the Air Pollution Control Officer in writing not less than 15 days before a required test or before a performance evaluation of a continuous emission monitor toPage 16 of 108 Linn County Ordinance #1
- 1
-2015

determine compliance with applicable requirements of §10.9 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 Departmen t, the Department shall not consider the test results or performance evaluation results to be a valid demonstration of compliance with the applicable rules or permit conditions. At the Department’s request, a pretest meeting shall be held not later than 5 days before the owner or operator conducts the compliance demonstration. A testing protocol shall be submitted to the Department no later than 15 days before the owner or operator conducts the compliance demonstration. A representative of the Department shall be permitted to witness the tests. Results of the tests shall be submitted in writing to the Air Pollution Control Officer in the form of a comprehensive report within six weeks of the completion of the testing

. b. New or Modified Equipment. No ch anges made

. c. Existing Equipment. The Air Pollution Control Officer may require the owner or the owner's authorized agent to conduct an emission test on any equipment if the Air Pollution Control Officer has reason to believe that the equipment does not co mply with 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 Air Pollut ion Control Officer shall provide the owner or agent not less than 30 days to perform the compliance demonstration and shall provide written notice of the requirement. 8. Tests by Department

. Representatives of the Department may conduct separate and additi onal air contaminant emission tests and continuous monitor performance tests of an installation on behalf of the county an d at the expense of the county. Sampling holes, safe scaffolding and pertinent allied facilities, but not instruments or sensing devi ces, as needed, shall be requested i n writing by the Air Pollution Control Officer and shall be provided by and at the expense of the owner of the installation at such points as specified in the request. The owner shall provide a suitable power source to the point or points of testing so that sampling instruments can be operated as required. Analytical results shall be furnished to the owner. 9. Methods and Procedures. Stack sampling and associated analytical methods used to evaluate compliance with emissi on limitations of § § 10.8, 10.9, 10.12 or a permit condition are as follows: 1. Performance test (stack 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 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). The owner of the equipment or the owner's authorized agent may use an a lternative methodology if approved by thePage 17 of 108 Linn County Ordinance #1
- 1
-2015

Department in writing before testing. Each test shall consist of at least three separate test runs. Unless otherwise specified by the Department , compliance shall be assessed on the basis of the arithmetic mean of the emissions measured in the three test runs. 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 through September 9, 2010); 40 CFR 60, Appendix F (as amended through September 9, 2010); 40 CFR 75, Appendix A (as amended through March 28, 2011); 40 CFR 75, Appendix B (as amended through March 28, 2011); and 40 CFR 75, Appendix F (as amended th rough 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 conducting the minimum performance specification and q uality assurance procedures. 3. Permit and compliance demonstration requirements . After October 24, 2012 , all stack sampling and associated analytical methods used to evaluate compliance with emission limitations of §§ 10.8, 10.9 or 10.12 or required in a permit issued by the Department pursuant to § § 10.4, 10 .5 or 567 IAC Chapter 33 shall be conducted using the methodology referenced in this rule. If stack sampling was required for a compliance demonstration pursuant to §§ 10. 8, 10.9 or 10.12 or for a performa nce test required in a permit issued by the department pursuant to § § 10.4, 10.5 or 567 IAC Chapter 33 before October 24, 2012 and the demonstration or test was not required to be completed before October 24, 2012 , then the methodology referenced in this su brule applies retroactively. 10. Exemptions from Continuous Monitoring Requirements . The owner or operator of any source is exempt if it can be demonstrated that any of the conditions set forth in this section are met with the provision that periodic recert ification of the existence of these conditions can be requested. 1. An affected source is subject to a new source performance standard promulgated in 40 CFR Part 60 as amended through September 28, 2007

. “2.” through “3.” No changes made. 11. Extensions

. No changes made

. 12. Continuous monitoring of sulfur dioxide from emission points involved in an alternative emission control program

. No changes made

. 13. Continuous Emission Monitoring Under the Acid Rain Program The continuous emission monitoring requirements for affected units under the acid rain program as provided in 40 CFR Part 75, including Appendices A, B, F and K are amended through January 24, 2008 (Appendix F also was corrected on February 13, 2008) , are adopted by reference. **10.18 A naly** **sis Fees** N o changes made

.Page 18 of 108 Linn County Ordinance #1
- 1
-2015

**10.19 Submission of Information** No changes made

. **10.20 Public Records and Fair Information Practices**  No changes made

. **10.21 Prevention of A ir Pollution Emergency**  **Episodes** No changes made. **10.22 Enforcement** No changes made. **10.2 3 Sealing**  No changes made

. **10.24 Penalty** No changes made. **10.25 Jurisdiction** No changes made. **10.26 Repealer** No changes made

. **10.27 Severability**

**Clause** No changes made

. **10.28 When Effective** This Ordinance shall become effective upon publication. Approved by the Linn County Board of Supervisors the 28 th day of January, 2015

.

_____________ Chairperson Linda Langston District 2

_________________Page 19 of 108 Linn County Ordinance #1
- 1
-2015

Vice Chairperson Ben Rogers District 3

______________ Supervisor James House r District 1

________________ Supervisor Brent Oleson District 4

_______________ Supervisor John Harris District 5 ATTEST:

______________ Joel Miller , Linn County Auditor Dates read: January 19, 2015 January 21, 2015 January 27 , 2015 Published in the Cedar Rapids Gazette on

______ _____, 2015