AIR QUALITY

TABLE OF CONTENTS

10.1 Purpose and Ambient Air Quality Standards..................................................... 1

10.2 Definitions............................................................................................................. 1

10.3 Air 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 Testing and Sampling of New and Existing Equipment................................ 14

10.18 Analysis Fees ................................................................................................... 17

10.19 Submission of Information.............................................................................. 18

10.20 Public Records and Fair Information Practices............................................. 18

10.21 Prevention of Air 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 ORDINANCE #1-1-2015

PROVIDING FOR AIR QUALITY

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 Ambient Air 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 maintain 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 quality 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 Code 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 Federal 

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 11, 2013.

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
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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.

"Emissions 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 gases (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 Warming Potentials," (as amended on October 30, 2009), and 

sum the resultant value from paragraph "a" for each gas to compute a tpy CO2e.

"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 any emissions units or net emissions 

increase at a major stationary source that is significant for volatile organic compounds

or NOx shall be considered significant for ozone.

2. A physical change or change in the method of operation shall not include:

a. Routine 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 generated 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 condition, 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 

enforceable 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 project 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 clean 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 PM2.5 in all attainment and unclassifiable areas;

c) Nitrogen oxides are presumed to be precursors to PM2.5 in all attainment and 

unclassifiable areas, unless the department demonstrates to EPA's satisfaction 
Page 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 PM2.5 concentrations;

d) Volatile organic compounds are presumed not to be precursors to PM2.5 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 PM2.5 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 list 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, PM2.5 emissions and PM10 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 within 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 corporation: 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 such person if the representative is responsible for the 

overall operation of one or more manufacturing production or operating facilities 

applying for or subject to a permit and either: the facilities employ more than 250 

persons or have 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 proprietor 

respectively.

3. For a municipality, state, federal, or other public agency: either a principal 

executive officer or ranking elected official. For the purposes of this chapter, a 

principal executive office of a federal agency includes the Chief Executive 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, requirements or prohibitions under Title IV of the Act or the regulations 

promulgated thereunder are concerned; and the designated representative for any 

other purposes under this chapter or the Act.

"Rubbish" through "Shutdown." No changes made.

"Significant" means: 

1. In 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 tons per year (tpy)

Nitrogen oxides: 40 tpy

Sulfur dioxide: 40 tpy

Particulate matter: 25 tpy of particulate matter emissions

PM10: 15 tpy

PM2.5: 10 tpy of direct PM2.5 emissions; 40 tpy of sulfur dioxide emissions; 40 tpy of 

nitrogen oxide emissions (unless 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 PM2.5 concentrations)

Ozone: 40 tpy of volatile organic compounds or NOx

Lead: 0.6 tpy

Fluorides: 3 tpy

Sulfuric acid mist: 7 tpy

Hydrogen sulfide (H2S): 10 tpy

Total reduced sulfur (including H2S): 10 tpy

Reduced sulfur compounds (including H2S): 10 tpy
Page 6 of 108 Linn County Ordinance #1-1-2015

Municipal waste combustor organics (measured as total tetra- through octachlorinated dibenzo-p-dioxins and dibenzofurans): 3.2 x 10-6 megagrams per year (3.5 

x 10-6tpy)

Municipal waste combustor metals (measured as particulate matter): 14 megagrams 

per year (15 tons per year)

Municipal waste combustor acid gases (measured 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 rule 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 μg/m3(24-hour 

average).

"Six-minute period" 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 rolling 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 have not been pressure treated with 

compounds such as, but not limited to, chromate copper, acetate, pentachlorophenol or 

creosote. "Untreated" as it refers to seeds, pellets or other vegetative matter includes 

only seeds, pellets or other vegetative matter that has not been treated with pesticides 

or fungicides.

"Urban area" through "Volatile organic compound." No changes made.

10.3 Air Quality Division

No changes made.

10.4 Title V and Voluntary Permits

No changes made.

10.5 Locally Required Permits

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 following 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 Btu per hour input per combustion unit.

b. Fuel-burning equipment for indirect heating or cooling with a capacity less than 1

million Btu 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 changes made.

n. Asbestos demolition and renovation projects subject to 40 CFR 61.145 as 

amended through January 16, 1991, as amended in 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 modified 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. Welding operations for which initiation of construction, installation, 

reconstruction, or alteration (as defined in 10.2) on or before October 

23, 2013, using a consumable electrode, provided that the consumable 

electrode used falls within American Welding Society specification 

A5.18/A5.18M for Gas Metal Arc Welding (GMAW), A5.1 or A5.5 for 

Shielded Metal Arc Welding (SMAW), and A5.20 for Flux Core Arc 

Welding (FCAW), and provided that the quantity of all electrodes used 

at the stationary source of the acceptable specifications is below 

200,000 pounds per year of GMAW and 28,000 pounds per year for 

SMAW or FCAW. Records that identify the type and annual amount of 
Page 8 of 108 Linn County Ordinance #1-1-2015

welding electrode used shall be maintained on site by the owner or 

operator for a period of at least two calendar years.

For stationary sources where electrode usage exceeds these levels, the 

welding activity at the stationary source may be exempted if the amount of 

electrode used (Y) is less than:

Y = the greater of 1380x – 19,200 or 200,000 for GMAW, or

Y = the greater of 187x – 2,600 or 28,000 for SMAW or FCAW

Where "x" is the minimum distance to the property line in feet and "Y" is the 

annual electrode usage in pounds per year.

If the stationary source has welding processes that fit into both of the 

specified exemptions, the most stringent limits must be applied.

2. Welding operations for which initiation of construction, installation, 

reconstruction, or alteration (as defined in 10.2) occurred after October 

23, 2013, using a consumable electrode, provided that the consumable 

electrode falls within American Welding Society specification 

A5.18/A5.18M for Gas Metal Arc Welding (GMAW), A5.1 or A5.5 for 

Shielded Metal Arc Welding (SMAW), and A5.20 for Flux Core Arc 

Welding (FCAW), and provided that the quantity of all electrodes used 

at the stationary source of the acceptable specification is below 1,600 

pounds per year for GMAW and 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 GMAW, or

Y = the greater of 11x – 160 or 12,500 for SMAW or FCAW

Where "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 welding, 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 manufacturing 

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. 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 after October 23, 2013, shall be limited to 37,000 pounds or less per 

year of lead-containing solder. Records shall be maintained on site by the owner 

or operator for at least two calendar years to demonstrate that use of leadcontaining solder is less than the exemption thresholds.
Page 9 of 108 Linn County Ordinance #1-1-2015

Pressurized piping and storage systems 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 lead 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 compounds;

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 PM10;

0.52 tons per year of PM2.5 (does not apply to research and development activities 

that commenced on or before October 23, 2013); and

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 and detailed calculations of actual 

annual emissions, reflecting the use of any control equipment and demonstrating 

that the emissions are below the levels specified in the exemption;

3. Include, if air pollution equipment is used in the calculation of emissions, a 

copy of any report of manufacturer's testing, if available. The department may 

require a test if it believes that a test is necessary for the exemption claim; and

4. Be maintained on site for a minimum of two years, be made available for 

review during normal business hours and for state and EPA on-site inspections, 

and be provided to the director or the director's designee upon request. Facilities 
Page 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 federal requirements, shall retain all records 

demonstrating compliance with this exemption for five years.

(3) An owner or operator using this exemption obtains a construction permit or 

ceases operation of equipment if operation of the equipment would cause the 

emission levels listed in this exemption to be exceeded. 

For the purposes of this exemption, "research and development activities" shall be 

defined as activities:

1.That are operated under the close supervision of technically trained 

personnel; 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 manufacture 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 measured at the shaft, used to conduct periodic testing and maintenance on 

natural gas pipelines. For the purposes of this exemption, the manufacturer's 

nameplate rating shall be defined as the brake horsepower output at the shaft at 

full load.

(1) To qualify for the exemption, the engine must:

1. Be used for periodic testing and maintenance on natural gas pipelines 

outside the compressor station, which shall not exceed 330 hours in any 12-

month consecutive period at a single location; or

2. Be used for periodic testing and maintenance on natural gas pipelines 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 department upon request.

(3) This exemption shall not apply to the replacement or substitution of engines 

for backup power generation at a pipeline compressor station.

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 engineering 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 Operate 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 annual 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 and 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 Standards

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 

delegated 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 

reduction provisions (Appendix B), and determination of the fraction biodegraded (Fbio) 

in the biological treatment unit (Appendix C) of Part 63 also apply to the affected 

activities or facilities. For the purposes of this subrule "hazardous air pollutant" has the 

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 

considering 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 

criteria 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 existing 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 work and which is not 

mobile. (Part 63, Subpart ZZZZ, as amended through January 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 applies 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 of 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 made.
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 person 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 persons, 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 procedures:

“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 operation, 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 Department

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-Fired 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 performance 

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 Dioxide 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 minimum 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 emissions 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 Monitoring 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. All periods of recorded emissions in excess of the applicable 

standards, the results of all calibrations 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 to 
Page 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 Department, 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 changes 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 comply 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 

Pollution 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 additional air contaminant emission tests and continuous monitor performance tests 

of an installation on behalf of the county and at the expense of the county. Sampling 

holes, safe scaffolding and pertinent allied facilities, but not instruments or sensing 

devices, as needed, shall be requested in 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 emission 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 alternative methodology if approved by the 
Page 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 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 conducting the minimum performance specification and 

quality 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 performance 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 subrule 

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 recertification 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 Analysis Fees

 

No 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 Air Pollution Emergency Episodes

No changes made.

10.22 Enforcement

No changes made.

10.23 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 28th 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 Houser

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