Exhibit A 

Polk County Board of Health Rules and Regulations- Chapter V Air Pollution 

9/1/2015 

Summary ofProposed Actions 

(Items 1 and 2): Routine updates and addition of definitions for consistency with 567 Iowa 

Administrati"e Code (lAC) references and definitions. 

The proposed amendments are a routine update to bring the Board of Health Rules and Regulations, Chapter 

V -Air Pollution up-to-date \vith 567 IO\va Administrative Code (IAC). 

(Items 3, 4 ancl 5): Rescind NSPS and NESHAP standards. 

The rescissions proposed for air toxics and new source performance standards affect industries that do not 

currently operate in Iowa, and are unlikely to operate in IO\va in the future. In a recent rulemaking, the IDNR 

rescinded these standards from the IO\va Administrative Code. 

(Item 6): NSPS and NESHAP standards adoption by reference. 

The Public Works Department proposes the adoption of federal air toxics standards (NESHAP) and ne\v 

source performance standards (NSPS), which will provide regulatory benefits. Public health \Vill benefit 

from reductions in air toxics controlled under the NESHAP. Owners and operators of affected facilities must 

comply with federal air toxics standards regardless of whether the county incorporates these federal 

standards into the Board of Health Rules and Regulation, Chapter V-Air Pollution. Therefore, the 

incorporation by reference of the federal standards will not impose any additional costs to the affected 

facilities. The Department proposes to adopt amendments to existing air toxics standards and NSPS that 

generally provide flexibility and clarity, and do not impose additional costs to most affected facilities. 

(Items 7, 8, 9, 10, 11 and 12): Permit Exemptions 

The Public \Vorks Department proposes rule changes to some of the construction and operating permit 

exemptions in support of the current N0tion:1l Ambient Air Quality Standards (NAAQS) for PCirticuiC1te 

Matter (PM2.5), Lead, Sulfur Dioxide (S02), and Oxides ofNitrogen (NOx). To provide regulatory 

flexibility, the permit exemptions are for low-emitting sources. 
1. Article I. In General, Section 5-1. Purpose and Ambient Air Quality Standards, Subsection (b) 

and (c) is amended by deleting the existing subsections and the following is adopted in lieu thereof: 

(c) All references to 567 IAC Chapter 20 are amended through March 18,2015. 

All references to 567 lAC Chapter 21 are amended thl'ough September 10, 2008. 

All references to 567 lAC Chapter 22 are amended through. March 18, 2015. 

All references to 567 lAC Chapter 23 are amended through March 18, 2015. 

All References to 567 lAC Chapter 24 are amended through Oct'ober 20, 2010. 

All references to 56 7 lAC Chapter 25 are amended through March 18, 20 15. 

All references to 567 lAC Chapter 26 are amended through November 16, 2008. 

All references to 567 lAC Chapter 28 are amended through September 18,2013. 

All references to 567 lAC Chapter 29 are amended through April 8, 1998. 

All references to 567 lAC Chapter 33 are amended through March 18, 2015. 

All references to 567 lAC Chapter 34 are amended through October 7, 2009. 

2. Article I. In General, Section 5-2. Definitions are amended as shown below, and by inserting the 

following additional definitions in proper alphabetical order within Section 5-2: 

"Responsible official" means one of the follo\ving: 

l. For a corporation: a president, secretary, treasurer, or vice-president of the corporation in 

charge of a principal business function, or any other person \Vho performs similar policy or 

decision-making functions for the corporation, or a 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 gross annual sal\s or expenditures exceeding $25 million (in second quarter 1980 

dollars); or the delegation of authority to such representative is approved in advance by the local program. 

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 officer of a federal agency 

includes the chief executive officer having responsibility for the overall operations of a principal geographic 

unit of the agency (e.g., a regional administrator of EPA); or 

4. For Title IV affected sources: 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. 

"Volatile Organic Compounds" means VOC as found in 40 CFR Part 51.1 OO(s) as amended through~ 

? 1

1, 2008, March 27.2014, as adopted by reference in 567 IAC 20.2. 

3. The Introductory paragraph of Adicle VI. Emission of Air Contaminants From Industrial 

Processes, New source performance standards, Section 5-16(n), ·Paragraphs (7, 8, 13, 14, 15 & 16) are 

rescinded by deleting the existing p~ragraph and the following is adopted in lieu thereof: 

(7) Petroleum refineries. (Subpart J) Rescinded. 

(8) Secondary lead smelters. (Subpart L) Rescinded. 

( 13) Primary copper smelters. (Subpart P) Rescinded. 

(14) Primary zinc smelters. (Subpart Q) Rescinded. 

(15) Primary lead smelter. (Subpart R) Rescinded 

( 16) Primary aluminum reduction plants~ (Subpart S) Rescinded. 
4. Article VIII. National Emission Standards for Hazardous Air Pollutants for Source Categories, 

Section 5-16(p). Emission standards for hazardous air pollutants, Paragraphs (2, 3 & 10) are 

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

(2) Beryllium. (Subpart C) Rescinded. 

(3) Beryllium rocket motor firing. (Subpart D) Rescinded. 

(1 0) Inorganic arsenic emissions from primary copper smelters. (Subpart 0) Rescinded. 

5. Article VIII. National Emission Standards for Hazardous Air Pollutants for Source Categories, 

Section 5-20. National Emission Standards for Hazardous Air Pollutants fo1· Source Categories, 

Paragraph (j, ), is amended by deleting the existing paragraph and the following is adopted in lieu 

thereof: 

(j) Emission standards for hazardous air pollutants for polyvinyl chloride and copolymers 

production. (Part 63, Subpart J) Rescinded. 

(p) Emission standards for primary aluminum reduction plants. (Subpart LL) Rescinded. 

(x) National emission standards for hazardous air pollutants from secondary lead smelting. 

(Subpart X). Rescinded 

(cc) National emission standards for hazardotls air pollutants from petroleum refineries. (Subpart 

CC). Rescinded. 

(ii) Emission standards for hazardous air pollutants for shipbuilding and ship repair (surface 

coating) operations. (Subpart II). Rescinded. 

(11) Emission standards for hazardous air pollutants for primary aluminum reduction plants. 

(St!bpart LL). Rescinded. 

(ccc) Emission standards for hazardous air pollutants for steel pickling-HCL process facilities 

and hydrochloric acid regeneration plants. (Subpart CCC). Rescinded. 

(qqq) Emission standards for hazardous air pollutants for primary copper smelting (Subpart 

QQQ). Rescinded. 

(ttt) Emission standards for hazardous air pollutants for primary lead smelting. (Subpart 

TTT). Rescinded. 

(rrrrr) Emission standards for hazardous air polll.1tants: taconite iron ore processing. (Part 63, 

Subpart RRRRR) Rescinded. 

(ttttt) Emission standards for hazardous air pollutants: primary magnesium refining. (Part 63, 

Subpart TTTTT) Rescinded. 

6. Article VIII. National Emission Standards for Hazardous Air Pollutants for Source Categor·ies, 

Section 5-20. National Emission Standards for Hazardous Air Pollutants for Source Categories is 

amended by adding the following new paragraphs: 

(tttt) Emission standards for hazardous air pollutants for leather finishing operations This standard 

applies to a new or existing leather finishing operation that is a major source of hazardous air 

pollutants (HAPs) emissions or that is located at, or is part of, a major source of HAP 

emissions. In general, a leather finishing operation is a single process or group of processes used 

to 8cljust and improve the physicZ~I Z~ncl aesthetic characteristics of the leZ~ther surfwce throug,h 

multistage application of a coating comprised of dyes, pigments, film-forming materials, and 

performance modifiers dissolved or suspended in liquid carriers. (Subpart TTTT). 
(zzzz) Emission standards for stationary reciprocating internal combustion engines. These standards 

apply to new and existing major sources with stationary reciprocating internal combustion engines 

(RICE). For purposes of these standards, stationary RICE means any reciprocating internal 

combustion engine \vhich 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). 

(dddclclcl) to (craaaaa) Reserved . bbbbbb . 

(vvvvvv) Emission standards for hazardous air pollutants for area sources: chemical manufactming. 

This standard applies to chemical manufacturing at nev,r and existing facilities that are are8 sources 

for hazardous air pollutant emissions. (Part 63, Subpart VVVVVV) 

( 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 inducting feed for cats or dogs) and uses chromium or manganese compounds at ne\v and 

existing facilities that are area sources for hazardous air pollutant emissions. (Part 63, Subpart 

DDDDDDD) 

7. Article X. Permits, Division 1. Construction Permits, Section 5-33. Exemptions from Per·mit 

Requirements, Introductory paragraph are amended by adding the paragraph: 

The permitting exemptions in this section do not relieve the owner or operator of any source from any 

obligation to comply \Vith any other applicable requirements. 

8. Article X. Permits, Division 1. Construction Permits, Section 5-33. Exemptions from Per·mit 

Requirements, Introductory paragraph are amended by deleting the existing paragraph and 

the following is adopted in lieu thereof: 

(51) Electric hand soldering, \Vave soldering, and electric solder paste reflow ovens shall be limited to 

3 7,000 pounds or less per year of lead-containing solder. Records shall be maintained on site by the 

ovmer or operator for at least two calendar years to demonstrate that use of lead-containing solder is 

less than the exemption thresholds. 

(56) Emissions from mobile over-the-road trucks, and mobile agricultural and construction internal 

combustion engines that are operated only for repair or maintenance purposes at equipment repair 

shops or eqt1ipment dealerships, and only \Vhen the repair shops or equipment dealerships are not 

major sources as defined in this Chapter. 

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

Requirements, Introductory paragraph are amended by inserting the following paragraphs: 

(58) Equipment that is not related to the production of goods or services and used exclusively for 

academic purposes, located at educational institutions (as defined in Iowa Code section 455B.161 ). 

The equipment covered under this exemption is limited to: lab hoods, art class equipment, wood 

shop equipment in classrooms, wood fired pottery kilns, and fuel-burning units with a c8pacity of 

less than one million Btu per hour fuel capacity. This exemption does not apply to incinerators. 

(59) Any container, storage tank, or vessel that contains a fluid having a maximum true vapor pressure 

of less than 0.75 psia. "IVIax.imum true vapor pressure" means the equilibrium partial pressure of the 

material considering: For material stored at ambient temperature, the maximum monthly average 

temperature as reported by the National Weather Service, or for material stored above or below the 
ambient temperature, the temperature equal to the highest calendar-month average of the material 

storage temperature. 

(60) Fugitive dust emissions related to movement of passenger vehicles on unpaved road surfaces, 

provided that the emissions are not counted for applicability purposes and that any fugitive dust 

control plan or its equivalent is submitted as required by the Health Officer. 

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

Requirements, lnti·ocluctot·y paragraph are amended by adding the paragraph: 

The permitting exemptions in this section do not relieve the owner or opet·ator of any source from any 

obligation to comply with any other applicable requirements. 

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

Requirements, Introductory paragraph are amended by deleting the existing paragraph and 

the following is adopted in lieu thereof: 

( 44) Electric hand soldering, wave soldering, and electric solder paste reflmv ovens shall be limited to 

37,000 pounds or less per year of lead-containing solder. Records shall be maintained on site by the 

owner or operator for at least two calendar years to demonstrate that use of lead-containing solder is 

less than the exemption thresholds. 

( 49) Emissions from mobile over-the-road trucks, and mobile agricultural and construction internal 

combustion engines that are operated only for repair or maintenance pmposes at equipment repair 

shops or equipment dealerships, and only when the repair shops or equipment dealerships are not 

major sources as defined in this Chapter. 

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

Requirement, is amended by inserting the following paragraphs: 

(53) Equipment that is not related to the production of goods or services and used exclusively 

for academic purposes, located at educational instittJtions (as defined in Iowa Code section 

455B. 161). The equipment covered under this exemption is limited to: lab hoods, art class 

equipment, wood shop equipment in classrooms, wood fired pottery kilns, and fuel-burning 

units with a capacity of less than one million Btu per hour f1.1el capacity. This exemption does 

not apply to incinerators. 

(54) Any container, storage tank, or vessel that contains a fluid having a maximum true vapor 

pressure of less than 0.75 psia. "Maximum true vapor pressure" means the equilibrium partial 

pressure of the material considering: For material stored at ambient temperature. the 

maximum monthly average temperature as reported by the National Weather Service. or for 

material stored above or below the ambient temperature, the temperature equal to the 

highest calendar-month average of the material storage temperature. 

(55) Fugitive dust emissions related to movement of passenger vehicles on unpaved road surfaces, 

pro\,ided that the emissions are not counted for applicability purposes and that any fugitive 

dust control plan or its equivalent is submitted as required by the Health Officer.