II

( Iowa State Implementation Plan Revision For the 2008 Ozone National Ambient Air Quality Standards Iowa Department

of Natural Resources Environmental Services Division Air Quality Bureau 7900 Hickman Rd Suite

1 Windsor Heights, lA 50324 Amendment January 14, 2013( 

### Table of Contents Submittal Request ............................................................................................................................

3 Background ......................................................................................................................................

4 Statutory and Regulatory Requirements ..........................................................................................

6 Section 110(a)(2)(A) Emission limits and other control measures ..............................................

6 Section 110(a)(2)(B) Ambient air quality monitoring/data system .............................................

? Section
11 O(a)(2)(C) Program for enforcement
of control measures ..........................................

8 Section
11 O(a)(2)(D) Interstate transport .....................................................................................

9 Section 110(a)(2)(E) Adequate authority and resources ...........................................................

.lO Section
11 O(a)(2)(F) Stationary source monitoring system .......................................................

11 Section 110(a)(2)(G) Emergency power ....................................................................................

12 Section
11 O(a)(2)(H) Future SIP revisions ................................................................................

13 Section 110(a)(2)(I) Nonattainment areas .................................................................................

14 Section 110(a)(2)(J) Consultation with government officials; Public notification; PSD and visibility protection ....................................................................................................................

15 Section
11 O(a)(2)(K) Air quality modeling/data .......................................................................

17 Section 110(a)(2)(L) Permitting fees .........................................................................................

18 Section
11 O(a)(2)(M) Consultation/participation

by affected local entities ..............................

19 Legal Authority ..............................................................................................................................

20 455B.133 Duties ........................................................................................................................

20 455B.134 Director- duties -limitations ...............................................................................

24 567 Iowa Administrative Code Chapters for Air Quality .........................................................

.28 Public Comment

& Hearing ...........................................................................................................

29 APPENDICES ...............................................................................................................................

39 Appendix
A: Iowa's 2008 Ozone NAAQS Adoption .............................................................

.40 Appendix
B: Rulemaking and Public Participation Process .....................................................

47 2.. ,\w,, M **~ ~**  fA- ,_

f

c zcSTATE OF IO'W'A Fields of Opportunities TERRY E. BRANSTAD, GOVERNOR KIM REYNOLDS, LT. GOVERNOR January 11, 2013 Karl Brooks Regional Administrator U.S. Environmental Protection Agency Region VII 11201 Renner Blvd Lenexa, KS 66219 Dear Regional Administrator Brooks: DEPARTMENT
OF NATURAL RESOURCES CHUCK GIPP, DIRECTOR RECEIVED JAN 1 7 2013 AWMD/APDB The Department requests revisions

to the Iowa State Implementation Plan (SIP) to address implementation

of the 2008 National Ambient Air Quality Standards (NAAQS) for ozone. Attached

is an amended SIP submittal that reflects the completion
of the public comment and hearing. This submittal amends the Department's previous SIP submittal for the 2008 ozone NAAQS made on December 12,2012. The notice of public comment period and public hearing was published

in the Legal Notices section of the Des Moines Register on December

8, 2012. The public was also notified by posting the public hearing on the State of Iowa Public Meeting Calendar.

A list serve was also sent to over 500 members. The public hearing was held on January

8, 2013. One comment was received during the comment period.
A responsiveness summary

is included.

A copy of this information

is included
in the Public Comment and Hearing section of the amended SIP submittal. Other than page renumbering and an updated Table of Contents, there were no other changes made to SIP submitted

in December 2012. If you have any questions regarding this submittal, please contact Jim McGraw

at (515) 242- 5167 or Wendy Walker
at (515) 281-6061. Sincerely, Chuck Gipp Director Iowa Department
of Natural Resources 7900 Hickman Road, Suite

1 I Windsor Heights, Iowa 50324 515-242-5100 FAX 515-242-5094 http

: //www.iowacleanair

. com/(( Background The Clean Air Act (CAA) requires the U.S. Environmental Protection Agency (EPA) to set National Ambient Air Quality Standards (NAAQS) for specific pollutants known as criteria pollutants. The law also requires EPA to periodically review and update the standards

as necessary

to ensure they provide adequate health and environmental protection. Each time EPA establishes

a new or revises an existing NAAQS each state must adopt and submit

a State Implementation Plan (SIP) for the implementation, maintenance, and enforcement of that NAAQS. The SIP must demonstrate that the state meets the requirements

of each applicable element of Section 110(a)(2) ofthe CAA. Since many ofthese elements pertain to the basic infrastructure

of air quality management programs, such as having the necessary legal authority and adequate resources, this SIP is often referred
to as an "Infrastructure SIP." The Infrastructure SIP is required by Section 110(a)(1) of the CAA and is due three years after any NAAQS

is added or revised. The ozone NAAQS was revised on March 12, 2008.

1 The ozone NAAQS began as a total photochemical oxidant standard
in 1971. In 1979 the standard changed
to ozone and was not revised again until1997.

In the 2008 NAAQS revision the standard was lowered from 0.08 parts per million (ppm) to 0.075 ppm per 8-hour average concentration. This decision was based upon the latest review of available scientific information linking health effects to ozone concentrations. Instead of finalizing designations,

on September
16, 2009, EPA announced

it would reconsider the 2008 ozone NAAQS. The infrastructure SIP submission was delayed from the March 2011 deadline
to an anticipated deadline of three years following the completion
of the 2008 ozone NAAQS reconsideration process. The proposed revision was issued on January

6, 2010 and proposed

a level within the range of 0.060-0.070 ppm. EPA anticipated finalizing the proposal by July 20 11. EPA withdrew the rulemaking
on September

2, 2011, based on comments
by President Obama. EPA will work instead on reviewing and potentially revising the 2008 ozone NAAQS
as part of a periodic NAAQS review required by the CAA. Following the President's request to withdraw the reconsideration

of the 2008 ozone NAAQS EPA moved forward with the ozone designations process. The entire state of Iowa is designated as Unclassifiable/Attainment

for the 2008 8-hour ozone NAAQS. The designation was published

in the Federal Register on May 21,2012 (77 FR 30088) and became effective July 20, 2012. This document

is organized by addressing each pertinent section ofCAA section 110 (a)(2) requirements,
the DNR's legal authorities and the public comment period and hearing. The 1 The revision date is defined
as the promulgation date. Promulgation occurs when

a NAAQS revision

is signed by the EPA administrator and publicly disseminated. The final rule was signed on March 12, 2008.
It was published on March 27,2008,

in 73 FR 16436. The effective date was May 27,2008. 4

### l appendices

at the end of the document provide additional information
on the administrative rule adoptions for this SIP, the administrative rule process, and the public participation process. This SIP revision demonstrates that the DNR has the necessary plans, programs, and statutory authority
to implement the requirements

of Section
11 0 of the CAA as they pertain to the 2008 ozone NAAQS. Under the current SIP and Iowa Code 4558.133 the state has the necessary infrastructure, resources, and general authority
to implement the 2008 ozone NAAQS. 5Statutory and Regulatory Requirements Section 110(a)(2)(A) Emission limits and other control measures "(A) include enforceable emission limitations and other control measures, means, or techniques (including economic incentives such as fees, marketable permits, and auctions of emissions rights), as well as schedules and timetables for compliance,

as may be necessary
or appropriate to meet the applicable requirements
of this chapter

; " (42 USC 7410(a)(2)(A)/ The DNR fulfills the requirements

of 11 O(a)(2)(A) through Iowa law, administrative rules, permits, and consent orders. The DNR is the designated agency to prevent, abate, or control air pollution (Iowa Code 4558.132). The Environmental Protection Commission (EPC)
is the governing commission
for the environmental services portion of the DNR (Iowa Code 455A.6). The EPC has the duty and authority
to develop plans for the abatement, control, and prevention of air pollution, which includes emission limits and schedules for compliance. The EPC is required
to adopt, amend, or repeal rules as necessary
to obtain approval of the state implementation plan (SIP) under section
11 0 of the federal CAA. Further, the EPC is charged with adopting, amending,
or repealing ambient air quality standards necessary
to protect the public health and welfare. EPC also shall adopt, amend or repeal emissions limits relating to the maximum quantities of air contaminants that may be emitted from an air contaminant source (Iowa Code 4558.133(1-4)). Administrative rules establish procedures for compliance with emission limits and variance provisions (567 Iowa Administrative Code (lAC) Chapter 21). The 2008 National Ambient Air Quality Standards (NAAQS) for ozone was adopted by the EPC into 567 lAC Chapter 28 and became effective on November
11, 2009. (Appendix A). The DNR has an established process for performing administrative rulemakings (Appendix B). Iowa has statutory and regulatory authority
to establish additional emissions limitations and other measures,

as necessary

to address attainment and maintenance

of the ozone standard

. The Iowa SIP adequately addresses the requirements

of section
11 O(a)(2)(A) for the 2008 ozone NAAQS. Specific emissions limits or other control measures necessary
to resolve ozone nonattainment

or monitored NAAQS violations are not part of and thus are not included
in the infrastructure SIP. 2 The Clean Air Act was incorporated into the United States Code as Title 42, Chapter 85. More information about the Clean Air Act is available

at http://www.epa.gov/air/caal.

6

# (

( Section 110(a)(2)(B) Ambient air quality monitoring/data system "(B) provide for establishment and operation of appropriate devices

, methods, systems

, and procedures necessary

to - (i) monitor, compile

, and analyze data on ambient air quality

, and (ii) upon request, make such data available

to the Administrator;"

(42 USC 7410(a)(2)(B)) The DNR ambient air quality monitoring program meets the requirements

of 110(a)(2)(B)

. The Iowa Code requires the DNR Director
to monitor air quality (4558.134(4)). Ambient air monitoring

is implemented with agreements with the University
of Iowa's State Hygienic Laboratory, the Linn County Local Program, and the Polk County Local Program

. The ambient air quality monitoring program collects air monitoring data, quality assures the results, and reports the data

. DNR submits an annual monitoring network plan to EPA for approval, including plans for its ozone monitoring network,
as required by 40 CFR 58.1 0. Prior to submission, Iowa provides the plans for public review on DNR's web site at htt p: // www.iowadnr.

g ov / InsideDNR/Re

g ulato rv Air/Monitorin

g AmbientAir.as

p x . The DNR operates monitors
in the largest metropolitan statistical areas,

3 

### monitors
to measure background concentrations,
and transport (Figure

1 ). Iowa is currently
in attainment with the 2008 ozone standards. 

### Fig ure 1. 2 011 Io wa Ozone Monitoring Network. 

### Iowa Ozone Design Values: 2009-2011 Values
In ppb, values greater than 75 exc eed the standard 3 Max

i mum
o z one concentrations
are typically measured
do w nwind of a metropolitan stat

i stical area (MSA). Th e s ite intended
to record th e maximum ozone concentration resulting from

a given MSA may be located outside th e MSA boundari es.



### 7( Section 110(a)(2)(C) Program for enforcement

of control measures "(C) include

a program

to provide for the enforcement
of the measures described

in subparagraph
(A), and regulation of the modification and construction
of any stationary source within the areas covered by the plan as necessary

to assure that national ambient air quality standards are achieved, including

a permit program
as required

in parts C and D of this subchapter;"
(42 USC 7410(a)(2)(C)) Iowa statute requires the DNR to enforce the requirements

of control measures necessary

to meet the requirements

of Section
11 O(a)(2)(C). The EPC approves administrative rules that establish the schedule or range of civil penalties (Iowa Code 455B.1 09, 567 lAC Chapter

1 0). The DNR Director has the duty and authority
to issue orders consistent with administrative rules to control air pollution
or ensure compliance with permit conditions (Iowa Code 455B.134(9); 455B.138). The State oflowa may seek judicial review and legal action to enforce the rules and regulations (Iowa Code 455B.140-141

). Criminal penalties may also be sought by the State oflowa (Iowa Code 455B.146A). The DNR's compliance program has staff in both the central office and six field offices to ensure that industry, businesses, institutions, and individuals are in compliance with state and federal air quality regulations. DNR is required
to implement

a SIP approved pre-construction permit and prevention
of significant deterioration (PSD) program (Iowa Code 455B.133(6);

37 FR 10842, 50 FR 37176, and 72 FR 27056). The pre-construction permit program reviews design and performance objectives for sources of air contaminants

to determine their likely compliance with state and federal requirements. New facilities must be designed
to meet emissions standards and shall not cause or contribute
to a violation of ambient air quality standards. DNR is prohibited from issuing

a permit if the project would result in violation of emission limits or other provisions
in the SIP (567 lAC Chapters 22-23 and 33). The DNR also is required
to implement

a fully approved operating permit program (Iowa Code 455B.133(8), 567 lAC Chapter 22) which is commonly known as Title V. A Title V facility, also referred
to as a major stationary source of air pollutants,

is a facility that has the potential
to emit 100 tons per year (tpy) or more of any air pollutant subject to regulation;

or the potential
to emit 10 tpy or more of any individual hazardous air pollutant; the potential
to emit 25 tpy or more of any combination
of hazardous air pollutants;
or the potential
to emit equal to or greater than 100,000 tpy C02e, and 100 tpy GHGs mass basis. A Title V operating permit incorporates into one document
all of the pre-construction permits and state and federal regulatory requirements

of the air quality program for each facility that is a major source of air pollution. The operating permit includes provisions describing how compliance with each requirement will be maintained
on a continuous basis. Facilities are required
to provide semi-annual emissions monitoring reports and an annual compliance certification report. The Title V operating permit provides

a comprehensive review of a facility's requirements under the Act.

8

## Section 110(a)(2)(D) Interstate transport "(D) contain adequate provisions- (i) prohibiting, consistent with the provisions of this subchapter, any source or other type of emissions activity within the State from emitting any air pollutant

in amounts which 

### will

- (!) 

### contribute significantly

to nonattainment

in, or interfere with maintenance
by, any other State with respect
to any such national primary or secondary ambient air quality standard,
or (II) interfere with measures required

to be included

in the applicable implementation plan for any other State under part 

### C of this subchapter

to prevent significant deterioration
of air quality or to protect visibility, 

### (ii) insuring compliance with the applicable requirements ofsections 7426 and 7415 of this title (relating
to interstate and international pollution abatement);"

( 42 USC 7410(a)(2)(D)) Iowa will address Section 110(a)(2)(D)(i)(I)

in a manner consistent with the D.C. Circuit Court of Appeal's decision
in EME Homer City Generation, L.P v. EPA, No. 11-1302, issued August 21,2012. The visibility requirements

of section 11 

### O(a)(2)(D)(i)(II)

are being addressed under the regional haze program. The DNR submitted the initial regional haze SIP to EPA in March 2008. The Department's implementation

of the SIP approved pre-construction review and PSD program prevents source emissions
in Iowa from interfering with any other state's part C program (as required by 11 

### O(a)(2)(D)(i)(II))
and fulfills the notification requirements

of section 11 

### O(a)(2)(D)(ii).



### 9•

( Section 110(a)(2)(E) Adequate authority and resources "(E) provide (i) necessary assurances that the State (or, except where the Administrator deems inappropriate,
the general purpose local government

or governments,

or a regional agency designated
by the State or general purpose local governments for such purpose) will have adequate personnel, funding, and authority under State (and, as appropriate, local) law to carry out such implementation plan (and is not prohibited
by any provision of Federal or State law from carrying out such implementation plan or portion thereof), (ii) requirements that the State comply with the requirements respecting State boards under section 7428 ofthis title, and (iii) necessary assurances that, where the State has relied on a local or regional government, agency, or instrumentality for the implementation

of any plan provision, the State has responsibility for ensuring adequate implementation

of such plan provision;" (42 USC 7410(a)(2)(E)) The DNR has adequate personnel, funding, and authority
to fulfill the requirements ofthe SIP. Detailed information
on authority

is listed above in the portion on Section 110(a)(2)(A). There are no legal impediments

to implementing
the 2008 ozone NAAQS. The program's budget
is funded by the State General Fund, the State Environment First Fund, EPA grants authorized under CAA section 103 and 105, and Title V fees. More information
on Title V fees is provided under CAA Section
11 0( a )(2)(L
). EPA conducts periodic program reviews
to ensure that the state has adequate resources and funding
to implement the SIP. As indicated earlier, the EPC was established

in Iowa Code 455A.6. Members of the EPC must comply with ethics, gift restrictions, and conflict of interest requirements

as outlined
in Iowa law (Iowa Code 68B, 69). The Governor's Office provides annual training
to new board and commission members
to explain the requirements. DNR has delegated the duties for the abatement, control, and prevention
of air pollution
to the Linn County Health Department Air Quality Division and the Polk County Public Works Air Quality Division, for each oftheir respective counties (Iowa Code 455B.144-146). Linn County and Polk County programs were initially approved into the SIP in 1989 (54 FR 33526, 54 FR 33528). DNR and the Linn & Polk County Local Programs annually negotiate and sign comprehensive letters of agreement
or contracts. Program emphasis

is placed on the collection and assessment of information regarding air quality, the permitting
of sources of air emissions, the enforcement of emission limits and the attainment and maintenance

of ambient air quality standards. Funding for activities
in the scope of work under each contract

is paid for by a portion of the DNR's EPA grants under sections

1 03 and
1 05 of the CAA, and Title V fees. DNR conducts biennial program reviews.

10

# ( Section 110(a)(2)(F) Stationary source monitoring system "(F) require, as may be prescribed
by the Administrator

- (i) 

### the installation, maintenance, and replacement
of equipment, and the implementation of other necessary steps, by owners or operators of stationary sources
to monitor emissions from such sources, (ii) 

### periodic reports on the nature and amounts of emissions and emissions-related data from such sources, and (iii) 

### correlation of such reports by the State agency with any emission limitations
or standards established pursuant

to this chapter, which reports shall be available
at reasonable times for public inspection;" (42 USC 7410(a)(2)(F)) Administrative rules (567 lAC Chapter 25) provide detailed requirements
for owners or operators of stationary sources to monitor emissions. Stack testing observation (Iowa Code 4558.134(4)) ensures the quality of emissions data. The data quality may be assured through field test audits and reviewing test reports. The field audits consist of making sure the correct methodology

is followed, approving on-site variations, ensuring the tested emission source
is operating
in an acceptable manner, and answering questions posed by the testing group and the facility. The report review verifies the test results by checking the calculations and lab analysis. A stack test summary

is generated and the compliance status of the emission point is determined. DNR also receives and reviews annual compliance certifications and semi-annual monitoring reports required under the Title V program (Iowa Code 4558.133(8), 567 lAC Chapter 22). Information collected though emission inventories are submitted
to EPA in accordance with the federal Air Emissions Reporting rule. Iowa uses this information

to track progress towards maintaining the NAAQS, developing control and maintenance strategies, identifying sources and general emission levels, and determining compliance with emission regulations and additional EPA requirements. The reports are available
to the public at the DNR'

s Records Center during normal business hours with some reports available electronically. DocDNA

is the DNR's electronic records system for many public records.

A link to DocDNA and the access information

is on our website
at hww .iowadnr. gov
/ InsideDNR!Regulato

ry Air
/ PublicRecordsAirQuali

tv .aspx

. The information

is at the bottom of the page under Online Searches, and DocDNA. 11( Section 110(a)(2)(G) Emergency power "(G) provide for authority comparable

to that in section 7603 ofthis title and adequate contingency plans to implement such authority;" (42 USC 7410(a)(2)(G)) The DNR Director has the authority
to issue an emergency order if any person
is causing air pollution which requires immediate action to protect public health and safety (Iowa Code 455B.139). Administrative rules (567 lAC Chapter 26) have been developed
to prevent the excessive buildup of air contaminants and have been previously approved into the SIP (74 FR 68761).

12

# ( Section 110(a)(2)(H) Future SIP revisions "(H) 

### provide for revision of such plan

- (i) 

### from time to time as may be necessary

to take account of revisions of such national **prima~y** 

### or secondary ambient air quality standard or the availability of improved
or more expeditious methods of attaining such standard, and (ii) except as provided

in paragraph (J)(C), whenever the Administrator finds on the basis of information available

to the Administrator that the plan is substantially inadequate

to attain the national ambient air quality standard which
it 

### implements
or to otherwise comply with any additional requirements established under this chapter;" (42 USC 7410(a)(2)(H)) Iowa is required
to adopt, amend, or repeal rules pertaining

to the evaluation, abatement, control, and prevention
of air pollution which may be necessary to ensure that Iowa complies with section 110 of the federal CAA (Iowa Code 4558.133(2)). This includes

a requirement

to revise rules as necessary

to respond
to a revised NAAQS and to respond
to EPA findings of substantial inadequacy.

13•

( Section 110(a)(2)(/) Nonattainment areas "(!)in the case of a plan or plan revision for an area designated
as a nonattainment area, meet the applicable requirements
of part D of this subchapter (relating

to nonattainment areas);" (42 USC 7410(a)(2)(1)) Not applicable

at this time.

14

# (



# ( Section 110(a)(2)(J) Consultation with government officials; Public notification; PSD and visibility protection "(J) 

### meet the applicable requirements
of section 7421 of this title (relating

to consultation), section 7427 of this title (relating

to public notification), and part C of this subchapter (relating to prevention of significant deterioration
of air quality and visibility protection);"

( 42 USC 741 O(a)(2)(J)) § 7421. Consultation "In carrying out the requirements
of this chapter requiring applicable implementation plans to contain- (1) any transportation controls, air quality maintenance plan requirements

or pre construction review of direct sources of air pollution,
or (2) any measure referred to- ( A) in part D of this subchapter (pertaining

to nonattainment requirements),

or (B) in part C of this subchapter (pertaining

to prevention of significant deterioration), and in carrying out the requirements
of section 7413 (d/·

· 1 

### of this title (relating
to certain enforcement orders), the State shall provide

a satisfactory process of consultation with general purpose local governments, designated organizations
of elected officials of local governments and any Federal/and manager having authority over Federal/and

to which the State plan applies, effective with respect
to any such requirement which
is adopted more than one year after August

7, 1977, as part of such plan. Such process shall be in accordance with regulations promulgated

by the Administrator

to assure adequate consultation. The Administrator shall update as necessary the original regulations required and promulgated under this section (as in effect immediately before November
15, 1990) to ensure adequate consultation. Only
a general purpose unit of local government, regional agency

, or council of governments adversely affected by action of the Administrator approving any portion of a plan referred
to in this subsection may petition for judicial review of such action on the basis of a violation of the requirements
of this section." (42 USC 7421) DNR has the duty and authority and resources
to meet the requirements

of section 7421 including consultation
for transportation controls, air quality maintenance plan requirements,

or preconstruction review. The DNR also is required
to provide

a satisfactory process of consultation with local government, designated organizations

of elected officials of local governments such as council of governments, and applicable federal land managers

to carry out the consultation requirements

of section 7421 (4558.133(1,4)). The DNR provides

a copy of a PSD permit to EPA prior to the start of the public comment process. Public notifications
of proposed PSD projects are published
in the Des Moines Register's Legal Publications and in the legal publication section of the newspaper with the largest circulation

in the area of the PSD source. The notification contains the notice of application; preliminary determination; degree of increment consumption; opportunity for comment

at a public hearing as well as written comment.

A copy of the notice of public comment

is then sent to the applicant; the regional EPA office, the DNR Field Office; and 15



## •( officials and agencies having an interest in the proposed construction. Examples
of such officials and agencies include but are not limited to the following: chief executives
of the city and county (i.e. mayor, city administrator, board of supervisors, health department); any comprehensive regional land use planning agency; state or federal land manager and any Indian governing body whose lands may be affected by the emissions from the source or modification (567 Chapter 33.3(17)). § 7427. Public notification "(a) Warning signs; television, radio, or press notices or information Each State plan shall contain measures which will be effective
to notify the public during any calenda/ on a regular basis of instances or areas in which any national primary ambient air quality standard

is exceeded
or was exceeded during any portion of the preceding calendar year to advise the public of the health hazards associated with such pollution, and to enhance public awareness of the measures which can be taken to prevent such standards from being exceeded and the ways in which the public can participate

in regulatory and other efforts to improve air quality. Such measures may include the posting of warning signs on interstate highway access points
to metropolitan areas or television, radio, or press notices or information."
(42 USC 7427(a)) DNR has the duty, authority, and resources
to meet the requirements

of section 7427(a)
to notify the public regarding exceedances

of the NAAQS which include public awareness measures which can be taken to prevent exceedances (4558.133(2), 4558.134(7)). The DNR utilizes press releases, online reports, and list serves to notify the public of exceedances. Awareness messages are included
in these outreach methods
as well as in public meetings. DNR holds quarterly air quality client contact meetings
to focus on current and upcoming

air program issues and changes. The meetings provide an open forum for stakeholders and the general public to discuss new state and federal air quality rules or air program developments and are a good source of information
for anyone who works with or has an interest in activities related to air quality. The DNR's Environmental Services Division (ESD) holds

a monthly client contact group meeting prior to the EPC meetings. The ESD client contact group is an open forum to discuss issues related to all of the department's environmental programs. 4 So in original. Probably should be "calendar year". (http://www.law.cornell.edu/uscode/html/uscode42/usc

_sec_ 42 _ 00007427 ----000-.htmi#FN-1) 16

## Section 110(a)(2)(K) Air quality modeling/data "(K) provide for- (i) the performance
of such air quality modeling
as the Administrator may prescribe for the purpose of predicting the effect on ambient air quality of any emissions of any air pollutant for which the Administrator has established

a national ambient air quality standard, and (ii) the submission, upon request, of data related
to such air quality modeling

to the Administrator;"



### (42 USC 7410(a)(2)(K)) The DNR has the authority
to conduct air dispersion modeling
to complete an ambient air impact analyses (Iowa Code 4558.133 (1-2)). Air dispersion modeling analyses are used to predict ground level ambient air concentrations

of pollutants and compare those levels to ambient air quality standards. DNR is prohibited from issuing

a permit if the project would result in or significantly contribute

to a violation of the ambient air quality standards (567 lAC 22.3(1))
or other provisions

in the federally approved SIP (567 lAC Chapters 22-23 and 33). Air dispersion modeling allows the impacts of the pollution from

a proposed air pollution source to be determined before

a source
is constructed

or modified. The air dispersion modeling

is conducted with an EPA approved model that uses mathematical formulations and information about the source emissions along with the local terrain and meteorological data to predict pollutant concentrations

at locations selected by the user. Modeling

is conducted

in accordance with Department's modeling guidelines and with Appendix W of 40 CFR Part 51. DNR has the authority
to collect and report data to EPA, upon request (Iowa Code 4558.134
(5, 7)).

17(

.• I
• Section 110(a)(2)(L) Permitting fees "(L) require the owner or operator of each major stationary source to pay to the permitting authority,
as a condition of any permit required under this chapter,

a fee sufficient

to cover

- (i) the reasonable costs of reviewing and acting upon any application for such
a permit, and (ii) if the owner or operator receives

a permit for such source, the reasonable costs of implementing and enforcing the terms and conditions of any such permit (not including any court costs or other costs associated with any enforcement action),

" ( 42 USC 741 O(a)(2)(L)) The Title V program requires permit holders
to pay
a fee sufficient
to cover all reasonable direct and indirect costs required
to develop and administer the Title V program requirements

( 42 U.S.C. 7661a). The CAA (Section 502(b)(3)(A)) and the Code ofFederal Regulations (40 CFR 70.9) outlines expected Title V program activities and allows states some flexibility

in how they design their Title V programs and fee schedules. DNR uses the EPA guidance, "Matrix of Title V -Related and Air Grant Eligible Activities"

to determine which program activities are necessary for the development and implementation

of a Title V operating permit program

( 4558.133(8)). In Iowa, the Title V fee is currently based on the first 4,000 chargeable tons of each regulated air pollutant emitted each year from each major stationary source. No fees are paid for emissions

in excess of 4,000 tons of each regulated air pollutant
or on carbon monoxide
or other pollutants exempt from fees by lAC 22.100. Fees are deposited into the air contaminant source fund (Iowa Code 455B.133B). Each March the DNR presents an estimated
or proposed budget to cover the reasonable cost of administering
the Title V program
to the EPC. Each May the EPC sets the Title V fee. The DNR calculates the Title V fee by dividing the estimated budget for the upcoming state fiscal year by the chargeable emissions

as reported by facilities each March 31. The annual fee must be set at or below the maximum Title V fee, which can be changed through administrative rulemaking (567 lAC 22.106(1)).

18

# ( Section 110(a)(2)(M) Consultation/participation

by affected local entities "(M) 

# provide for consultation and participation

by local political subdivisions affected by the plan." 

# (42 USC 7410(a)(2)(M)) DNR has delegated authority
to Linn County Health Department Air Quality Division and the Polk County Public Works Air Quality Division (Local Programs)

to conduct programs for the abatement, control, and prevention
of air pollution
in their respective county (Iowa Code 455B.144-146). The Local Programs are required
to meet all the requirements

of 567 lAC Chapter 27 to keep their status. The Local Programs issue permits, perform compliance inspections, respond to air quality complaints, and maintain

a network of monitors for ambient air in each respective county. The Local Programs have adopted air quality ordinances

to implement federal, state, and local air pollution control requirements. The ordinances cannot be less stringent than federal or state standards; however, they can be more stringent. The ordinances are incorporated into the SIP in the same manner that the lAC is incorporated into the SIP. Each year DNR negotiates
an agreement

to pass through federal funds and provide Title V funds sufficient

to implement the programs. Revenue from local fee systems provides additional funding and required match to a portion of the pass through federal funds. The contracts are approved by the EPC for each new state fiscal year. DNR conducts biennial audits to ensure the Local Programs are meeting all requirements

of the contract. Both the DNR and the Local Programs' administrative processes provide

a public comment period. The comment period provides an opportunity for other local political subdivisions that may be affected by the plan to comment. DNR frequently holds public meetings, like the quarterly air quality client contact meetings. The open forum allows stakeholders and the general public to dialogue on a variety of topics. The DNR also communicates using press releases, online reports, and list serves. Rulemakings
are also published on the DNR's website and in the Iowa Administrative Bulletin. 19Legal Authority The DNR is the primary state agency responsible for protecting the environment,

as indicated
in the Iowa Code

§ 455A

. The Environmental Protection Commission, established

in the Iowa Code§ 455A.6,

is the governing commission
for the environmental protection portion of the DNR. The DNR's authority

is provided under Iowa Code§ 4558.133 and 4558.134 which are listed below. Additional information
on the Iowa Code is at http: // www.legis.iowa.gov/IowaLaw/statutoryLaw

. aspx

. 4558.133 Duties. The commission shall: 1. Develop comprehensive plans and programs for the abatement, control, and prevention
of air pollution
in this state

, recognizing varying requirements
for different areas in the state. The plans may include emission limitations, schedules and timetables for compliance with the limitations, measures
to prevent the significant deterioration

of air quality and other measures
as necessary

to assure attainment and maintenance

of ambient air quality standards

. 2. Adopt, amend, or repeal rules pertaining

to the evaluation

, abatement

, control, and prevention of air pollution. The rules may include those that are necessary
to obtain approval of the state implementation plan under section 110 ofthe federal Clean Air Act as amended through January 1, 1991. 3. Adopt, amend, or repeal ambient air quality standards for the atmosphere
of this state on the basis of providing air quality necessary
to protect the public health and welfar

e and to reduce emissions contributing

to acid rain pursuant
to Tit. IV of the federal
C lean Air Act Amendments of 1990. 4. Adopt, amend, or repeal emission limitations
or standards relating
to the maximum quantities of air contaminants that may be emitted from any air contaminant source. The standards
or limitations adopted under this section shall not exceed the standards
or limitations promulgated by the administrator

of the United States environmental protection agency or the requirements

of the federal Clean Air Act as amended through January

1, 1991. This does not prohibit the commission from adopting

a standard for a source or class of sources for which the United States environmental protection agency has not promulgated

a standard. This also does not prohibit the commission from adopting
an emission standard or limitation for infectious medical waste treatment
or disposal facilities which exceeds the standards
or limitations promulgated

by the administrator

of the United States environmental protection agency or the requirements

of the federal Clean Air Act as amended through January

1, 1991. The commission shall not adopt an emission standard or limitation for infectious medical waste treatment
or disposal facilities prior to January

1, 1995, which exceeds the standards
or limitations promulgated
by the administrator of the United States environmental protection agency or the requirements

of the federal Clean Air Act, as amended through January

1, 1991, for a hospital,
or a group of hospitals, licensed under chapter 1358 which has been operating
an infectious medical waste treatment
or disposal facility prior to January

1, 1991.

20a. (1) The commission shall establish standards of performance unless in the judgment of the commission

it is not feasible
to adopt or enforce

a standard of performance.

If it is not feasible
to adopt or enforce

a standard of performance,
the commission may adopt

a design, equipment, material, work practice or operational standard,
or combination
of those standards
in order to establish reasonably available control technology

or the lowest achievable emission rate in nonattainment areas, or in order to establish best available control technology

in areas subject to prevention
of significant deterioration review, or in order to adopt the emission limitations promulgated
by the administrator

of the United States environmental protection agency under section Ill or 112 of the federal Clean Air Act as amended through January

1, 1991. (2) If a person establishes

to the satisfaction
of the commission that an alternative means of emission limitation will achieve

a reduction
in emissions of an air pollutant
at least equivalent

to the reduction
in emissions
of the air pollutant achieved under the design, equipment, material, work practice or operational standard, the commission shall amend its rules to permit the use of the alternative
by the source for purposes of compliance with this paragraph with respect to the pollutant. (3) A design, equipment, material, work practice or operational standard promulgated under this paragraph shall be promulgated

in terms of a standard of performance when
it becomes feasible to promulgate and enforce the standard
in those terms. (4) For the purpose of this paragraph, the phrase "not feasible
to adopt or enforce

a standard of performance" refers to a situation
in which the commission determines that the application
of measurement methodology

to a particular class of sources
is not practicable due to technological

or economic limitations. b. If the maximum standards for the emission of sulfur dioxide from solid fuels have to be reduced in an area to meet ambient air quality standards,

a contract for coal produced

in Iowa and burned by a facility in that area that met the sulfur dioxide emission standards
in effect at the time the contract went into effect shall be exempted from the decreased requirement until the expiration
of the contract period or December 31, 1983, whichever first occurs, if there is any other reasonable means available
to satisfy the ambient air quality standards. To qualify under this subsection, the contract must be recorded with the county recorder of the county where the burning facility
is located within thirty days after the signing of the contract. c. The degree of emission limitation required for control of an air contaminant under an emission standard shall not be affected by that part of the stack height of a source that exceeds good engineering practice,
as defined in rules, or any other dispersion technique. This paragraph shall not apply to stack heights in existence before December 30, 1970, or dispersion techniques implemented before that date. 5. Classify air contaminant sources according

to levels and types of emissions, and other characteristics which relate to air pollution. The commission may require, by rule, the owner or operator of any air contaminant source to establish and maintain such records, make such reports, install, use and maintain such monitoring equipment
or methods, sample such emissions
in 21accordance with such methods
at such locations and intervals, and using such procedures

as the commission shall prescribe, and provide such other information

as the commission may reasonably require. Such classifications may be for application

to the state as a whole, or to any designated area of the state, and shall be made with special reference
to effects on health, economic and social factors, and physical effects on property. 6. a. Require, by rules, notice of the construction
of any air contaminant source which may cause or contribute

to air pollution, and the submission
of plans and specifications

to the department,

or other information deemed necessary, for the installation
of air contaminant sources and related control equipment. The rules shall allow the owner or operator of a major stationary source to elect to obtain

a conditional permit in lieu of a construction permit. The rules relating to a conditional permit

for an electric power generating facility subject to chapter 476A and other major stationary sources shall allow the submission
of engineering descriptions, flow diagrams and schematics that quantitatively and qualitatively identify emission streams and alternative control equipment that will provide compliance with emission standards. Such rules shall not specify any particular method to be used to reduce undesirable levels of emissions, nor type, design, or method of installation
of any equipment

to be used to reduce such levels of emissions, nor the type, design, or method of installation

or type of construction
of any manufacturing processes
or kinds of equipment, nor specify the kind or composition
of fuels permitted
to be sold, stored, or used unless authorized
by subsection

4 of this section. b. The commission may give technical advice pertaining

to the construction

or installation
of the equipment
or any other recommendation. 7. Commission rules establishing maximum permissible sulfate content shall not apply to an expansion
of an industrial anaerobic lagoon facility which was constructed prior to February 22, 1979. 8. a. Adopt rules consistent with the federal Clean Air Act Amendments

of 1990, Pub. L. No. 101-549, which require the owner or operator of an air contaminant source to obtain an operating permit prior to operation of the source. The rules shall specify the information required
to be submitted with the application for a permit and the conditions under which

a permit may be granted, modified, suspended, terminated, revoked, reissued,
or denied. For sources subject to the provisions
of Tit. IV of the federal Clean Air Act Amendments

of 1990, permit conditions shall include emission allowances for sulfur dioxide emissions. The commission may impose fees, including fees upon regulated pollutants emitted from an air contaminant source, in an amount sufficient
to cover all reasonable costs, direct and indirect, required
to develop and administer the permit program
in conformance with the federal Clean Air Act Amendments

of 1990, Pub. L. No. 101-549. Affected units regulated under Tit. IV of the federal Clean Air Act Amendments

of 1990, Pub. L. No. 101-549, shall pay operating permit fees in the same manner as other sources subject to operating permit requirements, except as provided
in section 408 of the federal Act. The fees collected pursuant
to this subsection shall be deposited
in the air contaminant source fund created pursuant
to section 455B.133B, and shall be utilized solely to cover all reasonable costs required
to develop and administer the programs required by Tit. V of the federal Clean Air Act Amendments

of 1990, Pub. L. No. 101-549, including the permit 22

### program pursuant
to section 502 of the federal Act and the small business stationary source technical and environmental assistance program pursuant
to section 507 of the federal Act. 

### b. Adopt rules allowing the department

to issue

a state operating permit to an owner or operator of an air contaminant source. The state operating permit granted under this paragraph may only be issued at the request of an air contaminant source and will be used to limit its potential
to emit to less than one hundred tons per year of a criteria pollutant
as defined by the United States environmental protection agency or ten tons per year of a hazardous air pollutant
or twenty-five tons of any combination
of hazardous air pollutants. 

### c. Adopt rules for the issuance of a single general permit, after notice and opportunity for a public hearing. The single general permit shall cover numerous sources to the extent that the sources are representative

of a class of facilities which can be identified and conditioned
by a single permit. 9. Adopt rules allowing asphalt shingles
to be burned in a fire set for the purpose of bona fide training of public or industrial emplcyees

in fire fighting methods only if a notice is provided
to the director containing testing results indicating that the asphalt shingles do not contain asbestos. Each fire department shall be permitted

to host two fires per year as allowed under this subsection. 10. Adopt rules allowing

a city to conduct

a controlled burn of a demolished building subject to the requirements that are in effect for the proper removal of all asbestos-containing materials prior to demolition and burning. The rules shall include provisions that
a burn site have controlled access, that
a burn site be supervised by representatives

of the city at all times, and that the burning be conducted only when weather conditions are favorable with respect to surrounding property. For a bum site located outside of a city, the rules shall include

a provision that
a city may undertake not more than one such controlled burn per day and that
a burn site be limited to an area located
at least six-tenths of a mile from any inhabited building. For burn sites located within

a city, the rules shall include

a provision that
a city may undertake not more than one such controlled burn in every six-tenths-of-a-mile-radius
circle in each calendar year. The rules shall prohibit

a controlled burn of a demolished building
in Cedar Rapids, Marion, Hiawatha, Council Bluffs, Carter Lake, Des Moines, West Des Moines, Clive, Windsor Heights, Urbandale, Pleasant Hill, Buffalo, Davenport, Mason City, or any other area where area-specific state implementation plans require the control of particulate matter. [C71,

§ 1368.4; C73, 75, 77, 79, 81, §4558.12;
82 Acts, ch 1124, §I] C83, §4558.133 91 Acts, ch 242,
§ 1; 91 Acts, ch 255, §8; 92 Acts, ch 1163, §87- 89; 93 Acts, ch 137, §3; 94 Acts, ch 1040,

§ 1; 95 Acts, ch 2, §1; 2002 Acts, ch 1162, §45; 2002 Acts, 2nd Ex, ch 1003, §241, 262; 2004 Acts, ch 1138, §I; 2010 Acts, ch 1061, §180



### 234558.134 Director- duties

- limitations. The director shall: 1. Publish and administer the rules and standards established
by the commission. The department shall furnish

a copy of such rules or standards
to any person upon request. 2. Provide technical, scientific, and other services required by the commission

or for the effective administration

of this division

II and chapter 459, subchapter
II. 3. Grant, modify, suspend, terminate, revoke, reissue or deny permits for the construction

or operation of new, modified,
or existing air contaminant sources and for related control equipment, and conditional permits for electric power generating facilities subject to chapter 476A and other major stationary sources, subject to the rules adopted by the commission. The department shall furnish necessary application forms for such permits. a. No air contaminant source shall be installed, altered so that it significantly affects emissions, or placed in use unless

a construction

or conditional permit has been issued for the source. b . The condition of expected performance shall be reasonably detailed in the construction

or conditional permit. c. All applications
for permits other than conditional permits for electric generating facilities shall be subject to such notice and public participation

as may be provided by rule by the commission. Upon denial or limitation of a permit other than
a conditional permit for an electric generating facility, the applicant shall be notified of such denial and informed of the reason or reasons therefor, and such applicant shall be entitled to a hearing before the commission. d. (1) All applications
for conditional permits for electric power generating facilities shall be subject to such notice and opportunity
for public participation

as may be consistent with chapter 476A or any agreement pursuant thereto under chapter 28E. The applicant
or intervenor may appeal to the commission from the denial of a conditional permit or any of its conditions. For the purposes of chapter 476A, the issuance or denial of a conditional permit by the director or by the commission upon appeal shall be a determination that the electric power generating facility does or does not meet the permit and licensing requirements

of the commission. The issuance of a conditional permit shall not relieve the applicant of the responsibility

to submit final and detailed construction plans and drawings and an application for a construction permit for control equipment that will meet the emission limitations established

in the conditional permit. (2) In applications
for conditional permits for electric power generating facilities, the applicant shall quantify the potential

to emit greenhouse gas emissions due to the proposed project. e. A regulated air contaminant source for which

a construction permit or conditional permit has been issued shall not be operated unless an operating permit also has been issued for the source. However,

if the facility was in compliance with permit conditions prior to the requirement
for an operating permit and has made timely application for an operating permit, the facility may 24,.,J.·:continueoperationuntiltheoperatingpermitisissuedordenied.OperatingpermitsshallcontaintherequisiteconditionsandcomplianceschedulestoensureconformancewithstateandfederalrequirementsincludingemissionallowancesforsulfurdioxideemissionsforsourcessubjecttoTit.IVofthefederalCleanAirActAmendmentsof1990.Ifconstructionofanewaircontaminantsourceisproposed,thedepartmentmayissueanoperatingpermitconcurrentlywiththeconstructionpermit,ifpossibleandappropriate.f(1)NotwithstandinganyotherprovisionofdivisionIIofthischapterorchapter459,subchapterII,thefollowingsitingrequirementsshallapply toanaerobiclagoonsandearthenwasteslurrystoragebasins:(a)Anaerobiclagoons,constructedorexpandedonorafterJune20,1979,butpriortoMay31,1995,orearthenwasteslurrystoragebasins,constructedorexpandedonorafterJuly1,1990,butpriortoMay31,1995,whichareusedinconnectionwithanimalfeedingoperationscontaininglessthansixhundredtwenty-fivethousandpoundsliveanimalweightcapacityofanimalspeciesotherthanbeefcattleorcontaininglessthanonemillionsixhundredthousandpoundsliveanimalweightcapacityofbeefcattle,shallbelocatedatleastonethousandtwohundredfiftyfeetfromaresidencenotownedbytheownerofthefeedingoperationorfromapublicuseareaotherthanapublicroad.Anaerobiclagoonsorearthenwasteslurrystoragebasins,whichareusedinconnectionwithanimalfeedingoperationscontainingsixhundredtwenty-fivethousandpoundsormoreliveanimalweightcapacityofanimalspeciesotherthanbeefcattleorcontainingonemillionsixhundredthousandpoundsormoreliveanimalweightcapacityofbeefcattle,shallbelocatedatleastonethousandeighthundredseventy-fivefeetfromaresidencenotownedbytheownerofthefeedingoperationorfromapublicuseareaotherthanapublicroad.Forthepurposeofthisparagraphthedeterminationofliveanimalweightcapacityshallbebasedontheaverageanimalweightcapacityduringaproductioncycleandthemaximumanimalcapacityoftheanimalfeedingoperation.(b)Anaerobiclagoonswhichareusedinconnectionwithindustrialtreatmentofwastewaterwheretheaveragewastewaterdischargeflowisonehundredthousandgallonsperdayorlessshallbelocatedatleastonethousandtwohundredfiftyfeetfromaresidencenotownedbytheownerofthelagoonorfromapublicuseareaotherthanapublicroad.Anaerobiclagoonswhichareusedinconnectionwithindustrialtreatmentofwastewaterwheretheaveragewastewaterdischargeflowisgreaterthanonehundredthousandgallonsperdayshallbelocatedatleastonethousandeighthundredseventyfivefeetfromaresidencenotownedbytheownerofthelagoonorfromapublicuseareaotherthanapublicroad.Theseseparationdistancesapplytotheconstructionofnewfacilitiesandtheexpansionofexistingfacilities.(2)Apersonmaybuildorexpandananaerobiclagoonoranearthenwasteslurrystoragebasinclosertoaresidence notownedbytheowneroftheanaerobiclagoonortoapublicuseareathanisotherwisepermittedbysubparagraph(1)ofthisparagraph,iftheaffectedlandownersenterintoawrittenagreementwiththeanaerobiclagoonownertowaivetheseparationdistancesundersuchtermsthepartiesnegotiate.Thewrittenagreement25( becomes effective only upon recording

in the office of the recorder of deeds of the county in which the residence

is located. g. All applications
for construction permits or prevention
of significant deterioration permits shall quantify the potential
to emit greenhouse gas emissions due to the proposed project. 4. Determine
by field studies and sampling the quality of atmosphere and the degree of air pollution
in this state or any part thereof. 5. Conduct and encourage studies, investigations,
and research relating
to air pollution and its causes, effects, abatement, control, and prevention. 6. Provide technical assistance

to political subdivisions

of this state requesting such aid for the furtherance
of air pollution control. 7. Collect and disseminate information, and conduct educational and training programs, relating to air pollution and its abatement, prevention, and control. 8. Consider complaints
of conditions reported to, or considered likely to, constitute air pollution, and investigate such complaints upon receipt of the written petition of any state agency, the governing body of a political subdivision,

a local board of health, or twenty-five affected residents of the state. 9. Issue orders consistent with rules to cause the abatement
or control of air pollution,
or to secure compliance with permit conditions.

In making the orders, the director shall consider the facts and circumstances bearing upon the reasonableness

of the emissions involved, including but not limited to, the character and degree of injury to, or interference with, the protection
of health and the physical property of the public, the practicability

of reducing or limiting the emissions from the air pollution source, and the suitability
or unsuitability
of the air pollution source to the area where
it is located. An order may include advisory recommendations

for the control of emissions from an air contaminant source and the reduction of the emission of air contaminants. 10. Encourage voluntary cooperation
by persons or affected groups in restoring and preserving

a reasonable quality of air within the state. 11. Encourage political subdivisions

to handle air pollution problems within their respective jurisdictions. 12. Review and evaluate air pollution control programs conducted
by political subdivisions

of the state with respect to whether the programs are consistent with the provisions
of division

II of this chapter and chapter 459, subchapter
II, and rules adopted by the commission. 13. Hold public hearings, except when the evidence
to be received

is confidential pursuant
to section 45 5B .13 7, necessary

to accomplish the purposes of division

II of this chapter and chapter 459, subchapter
II. The director may issue subpoenas requiring the attendance
of witnesses and 26the production
of evidence pertinent
to the hearings.

A subpoena shall be issued and enforced
in the same manner
as in civil actions. 14. Convene meetings not later than June

1 during the second calendar year following the adoption of new or revised federal ambient air quality standards by the United States environmental protection agency to review emission limitations
or standards relating
to the maximum quantities of air contaminants that may be emitted from any air contaminant source as provided
in section 455B.133, subsection

4. By November

1 of the same calendar year, the department shall submit

a report to the governor and the general assembly regarding recommendations

for law changes necessary for the attainment
of the new or revised federal standards. [C71, §136B.4, 136B.5; C73, 75, 77, 79, §455B.l2, 455B

. l3; C81, §455B.13;
82 Acts, ch 1124, §2, 3] C83, §455B.l34 86 Acts, ch 1245, §1899; 90 Acts, ch 1153, §2, 3; 91 Acts, ch 255, §11- 13; 93 Acts, ch 137, §4; 95 Acts, ch 195, §14; 2007 Acts, ch 120, §2, 3; 2010 Acts, ch 1115, §I; 2011 Acts, ch 25, §49, 50 For regulations establishing separation distances between anaerobic lagoons or earthen manure storage structures constructed

or expanded
on or after May 31, 1995, and various locations and objects, see chapter 459 For regulations governing the construction
of earthen storage structures within agricultural drainage well areas, see chapter 460 Subsection

3, paragraph

d, subparagraph
(2) amended Subsection

3, paragraph

g amended

27( 567 Iowa Administrative Code Chapters for Air Quality Chapters 20-29, 31, and 33-34 of 567 Iowa Administrative Code contain the administrative rules that allow for the implementation

of the relevant air quality laws contained
in Iowa statute and the CAA, including Section 110. • Chapter 20 provides general definitions and rules of practice. • Provisions for compliance schedules are found in Chapter 21. • Standards and procedures for the permitting
of emission sources, periodic monitoring, and requirements
for nonattainment areas are found in Chapter 22. • Air emission standards for contaminants
are found in Chapter 23. • Chapter 24 provides for the reporting of excess emissions and the equipment maintenance and repair requirements. • Testing and sampling requirements
for new and existing sources are found in Chapter 25. • Chapter 26 identifies air pollution emergency episodes and the preplanned abatement strategies for ozone. • Conditions that political subdivisions must meet in order to secure acceptance
of a local air pollution control program are set forth in Chapter 27. • Chapter 28 identifies the state's adopted ambient air quality standards. • Qualifications
for observers of visible emission are found in Chapter 29. • Chapter 31 contains the conformity
of general federal actions to the Iowa state implementation plan or federal implementation plan. • Chapter 33 contains special regulations and construction permit requirements
for major stationary sources and includes the requirements
for PSD. • Provisions for air quality emissions trading programs are found in Chapter 34. The Environmental Protection Commission adopted the 2008 ozone NAAQS on September
15, 2009. The final rule was published

in the Iowa Administrative Bulletin on October
7, 2009 in Volume XXXII, Number

8, ARC 8215B. The rule was effective on November 11,2009.

A copy of this publication

is in Appendix
A. The adoption of the 2008 ozone NAAQS

is in item 18 of the final rule.

28

# Public Comment



# & Hearing The notice of the public hearing was published
in the Des Moines Register on December

8, 2012. The information was also on the Des Moines Register website. The public hearing was also posted on the State of Iowa Public Meeting Calendar.

A list serve notice was sent out on December

6, 2012, to over 500 members. Copies of the public notices
are included below. No oral or written comments were received

at the public hearing. Written comments were submitted via email from EPA Region

7 during the public comment period. The Department's responses

to EPA's comments follow. No significant changes were made to the SIP document

as a result of the comments. 

# Public Participation Responsiveness Summary 1) Comment: 

# EPA would not be able to approve any infrastructure SIP unless the State addresses
all requirements

of the Prevention
of Significant Deterioration (PSD) program. Department Response: 

# DNR has addressed
all current PSD requirements
for all regulated NSR pollutants. Amendments

to Iowa's rules to implement changes
to the federal PM2.5 program were completed

in 2012. The amendments included adoption of EPA's May 16, 2008 published final rules setting PSD significant emissions rates for PM2.5 and addressed PM2.5 precursors.

It also included adoption of EPA's October 20, 20

I 

# 0 published final rules setting PSD increments, significant impact levels (SILs), and significant monitoring concentrations (SMCs) for PM2.5. A SIP revision request for this rulemaking was submitted

to EPA on September
18, 2012. Additional amendments

to Iowa's rules (also completed

in 2012) revised the definitions of"EPA reference method," "particulate matter," "standard conditions," and "total suspended particulate" to match federal regulations. EPA's revisions
to stack test methods
to establish procedures for measuring PM2.5 were adopted by reference
in this rulemaking,

as well as updates to adoption dates for the most current EPA reference methods for other pollutant emissions measurements. The SIP revision relating to this rulemaking was submitted
to EPA on November 15, 2012. Note that the NAAQS Implementation rulemaking that is currently awaiting preclearance approval from the Governor's office does not include any changes associated with Iowa's implementation

of the PSD program. 2) Comment: 

# Given that the Cross-State Air Pollution Rule (CSAPR)

is now stayed pending

a petition for rehearing of the Court's decision, EPA will review Iowa's SIP in accordance with the November 19,2012 memo issued by Gina McCarthy. Department Response: 

# No response necessary

at this time. 29( 3) Comment: EPA has identified

a consistency issue on how the SIP addresses Section 128 of the federal Clean Air Act (CAA) and wants to work the DNR to resolve the issue. Department Response: DNR has identified existing portions of the Iowa Code and administrative rules that will resolve the consistency issue. A draft document detailing how these existing provisions, when read together, satisfy the requirements ofCAA section 128(a) will be shared with EPA in our on-going collaboration efforts to address EPA's concerns on this matter. If this approach

is found to be acceptable

to EPA, the affected Iowa Code and administrative rules will be submitted for SIP inclusion

at a later date as part of the infrastructure SIP submittal for PM2.5 or N02. 4) Comment: EPA clarified that it is not necessary for states to address element "I" in an infrastructure SIP submission because SIPs incorporating necessary local nonattainment area controls are not due within three years after promulgation

of a new or revised NAAQS, but rather are due at the time the nonattainment area plan requirements
are due. Department Response: The text related to this provision
in the SIP has been changed
to state "Not applicable

at this time."

307rrt),1r1r//DESMOINESREGISTER.MEDIAACOMPANYTearsheetsfrom.theDesMoinesRegister.0309•P.O.8o:a.957,DesMoines,Iowa50306•515.284.8000

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# ( CLASSIFIEOS

: JOBS CARS HOMES APART ME HS DATING CLASS

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: Po li tics caucuses NEWS Poliks Crime&Courts Legals R8 68 P U BLI C NOT

I CE IO W A D E P A R TMENT OF NATURAL RESOURCES The Iowa Department
of Natural Resources (DNR)

is requ e sting p u blic comment on the State of lowas state implementation plan (SIP) for the national ambient air quality standards (NAAQS) for ozone

. The state implementation plan has been written to fulfill the requirements

of Section 110 of the federal Clean Air Act (CAA). Section IIO(a) of the CAA requires each state to adopt and submit

a plan for the implem

e ntation

, maint

e nance

, and enforcement
of each NAAQS within

3 years of promulgation

to the Administrator

of the U

. S . Environmental Protection Agency (EPA) The ozone NAAQS was revised by EPA on March 27, 20 0 8 . T he level of the standard was lowered from
0
. 08 parts per million (ppm) to 0.075 ppm per 8-hour average concentration. The EPAs decision
to tighten the standard was based upon the late
s t review of available scientific information linking health effects to ozone concentrations

. On September
16, 2009, EPA announced

it would reconsider the standard and delayed the requirement
for states to submit

a SIP for the new ozone NAAQS. The reconsideration process was halted on September

2, 2011, and E PA instead committed

to reviewing and potentially revising the 2008 ozone NAAQS
as part of a periodic NAAQS review required by the CAA

. The entire state of Iowa is currently designated

as unclassifiable

/ attainment
for the 2008 8-hour ozone NAAQS (77 FR 30088)

. An electronic copy of the SIP may be viewed
at www

. jo w a cl ea na i r com

, click on Stakeholder Involvement, and select Public Input. Any person may make written comments
on this proposed SIP revision on or before January

8, 2013

. Written comments should be directed
to Wendy Walker, Department
of Natural Resources, Air Quality Bureau, 7900 Hickman Road, Suite

I , Windsor Hei g hts

, Io w a, 5 0 324, fax 515-242-5094,

or by electronic mail to W e ndy W a lk e r lii'dnr

j o w a g o v " W a l b e r @ d n r . j o wa

. go v . A public hearing will be held on January

8, 2013, at I : 00 p
. m
. in the conference room

s at the Iowa DNRs A i r Quality Bureau office located
at 79 0 0 Hickman Road, Suite
I, W i ndsor Heights, Iowa All comments must be received no later than January

8, 2013

. Any person who intends to attend the public hearing and has special requirement

s such
a s those related to hearing or mobility impa

i rment

s should contact Wendy Walker
at 515-281-6061

to advise of any specific need

s . A responsiveness summary will be prepared by the Iowa DNR follow

i ng the clo s e of the publ

i c comment period The re s pons

i vene ss summary will include any written or oral comments received during the public part

i cipat

i on proce ss and the Io w a DNRs response

to the comments

. The completed responsiveness summary will be forwarded

to EPA and made available

to the pub li c upon

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• 1 found Public Hearing on State Implementation Plan for Ozone [Jan B, 2013 1:00 pm

I Oepartment

of Natural Resources The DNIIls requesting public comment on the Iowa's state Implementation plan for the national ambient air quality standards NMQS for ozone. The U.S. Environmental Protection Agency lowered the level of the national standard for ozone In 2008 to 0.075 parts per million per 8
· hour average concentration.
The EPA's decision to tighten the standard was based upon the latest review of available sclenUOc Information linking health effects to ozone concentrations. The entire state of Iowa currently meets the federal o•one standard. An electronic copy of the Implementation plan may be viewed on the ONR website click on Stakeholder Involvement and select Public Input. Direct written comments

to Wendy Walker, ONR, AJr Quali!y Bureau, 7900 Hickman Road, Suite 1, Windsor Heights, lA 50324 fax 515·242-509•1

or by electronic mall to Wendy.Wall<er@dnr.lowa.gov

on or before Jan. 8. Please call 515·281-6061
(or special needs related to hearing or moblliiV Impairments prior to attending the hearing. location: Iowa DNR's Air Quality Bureau- Conference Rooms, 7900 Hickman Road, Suite 1, Windsor Heights, Iowa uri: YIWIY.lowadeanalr.com 

### https:/ /www.iowa.gov/pmc/pmc.

php

12/7/2012Walker, Wendy [DNR] From: Sent: To: Subject:

Iowa Air Quality Newsletter <Wendy.Walker@dnr.iowa.gov> Thursday, December 06, 2012
2

: 43PM Walker, Wendy [DNR] Public Comment Period for the 2008 Ozone State Implementation Plan The Iowa Department ofNatural Resources (DNR)
is requesting public comment on the State oflowa's state implementation plan (SIP) for the national ambient air quality standards (NAAQS) for ozone. The SIP has been written to fulfill the requirements

of Section 110 ofthe federal Clean Air Act (CAA). Section llO(a) of the CAA requires each state to adopt and submit

a plan for the implementation, maintenance, and enforcement

of each NAAQS within

3 years of promulgation

to the Administrator

of the U.S. Environmental Protection Agency (EPA). The ozone NAAQS was revised by EPA on March 12,2008. The level of the standard waslowered from 0.08 parts per million (ppm) to 0.075 ppm per 8-hour average concentration. The EPA's decision
to tighten the standard was based upon the latest review of available scientific information linking health effects to ozone concentrations.
On September
16, 2009, EPA announced

it would reconsider the standard and delayed the requirement
for states to submit

a SIP for the new ozone NAAQS. The reconsideration process was halted on September

2, 2011, and EPA instead committed

to reviewing and potentially revising the 2008 ozone NAAQS as part of a periodic NAAQS review required by the CAA. The entire state of Iowa is currently designated

as unclassifiable/attainment

for the 2008 8-hour ozone NAAQS (77 FR 30088). An electronic copy of the SIP may be viewed by clicking here or at www.iowacleanair.com

, click on Stakeholder Involvement

, and select Public Input. Any person may make written comments on this proposed SIP revision on or before January
8, 2013. Written comments should be directed
to Wendy Walker, Department ofNatural Resources, Air Quality Bureau, 7900 Hickman Road, Suite
1, Windsor Heights, Iowa, 50324, fax 515-242-5094, or

by electronic mail to Wend
y .Walker
@ dnr.iowa.gov

. A public hearing will be held on January

8, 2013, at 1 :00 p.m. in the conference rooms at the Iowa DNR'

s Air Quality Bureau office located
at 7900 Hickman Road, Suite
1, Windsor Heights, Iowa. All comments must be received no later than January

8, 2013. Any person who intends to attend the public hearing and has special requirements such as those related to hearing or mobility impairments should contact Wendy Walker
at 515-281-6061

to advise of any specific needs. A responsiveness summary will be prepared by the Iowa DNR following the close of the public comment period. The responsiveness summary will include any written or oral comments received during the public participation process and the Iowa DNR'

s response
to the comments. The completed responsiveness summary will be forwarded

to EPA and made available
to the public upon request. DNR's air list serve is targeted
to the regulated public and consultants

to deliver timely regulatory news, program updates, and technical guidance

to your email. To subscribe, send
a blank E-mail to join-iairtech

@ lists.ia

. gov To unsubscribe, click here: htt p
: / / Membership.Lists.ia.

gov
/ u?id = 18097 50.888340543 8cdccb919ac265ea59553ed&n

= T &l = iairtech&o

= 7 59 633 or, send
a blank E-mail to leave-iairtech

@ lists.ia.gov If you have difficulty, contact DNR's Wendy Walker
at 515-281-6061. 1( UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION

7 Ms. Wendy Walker Environmental Specialist Senior 11201 Renner Boulevard Lenexa,Kansas 66219 Iowa Department

of Natural Resources- Air Quality Bureau 7900 Hickman Road, Suite

1 Windsor Heights, Iowa 50324 Dear Ms.Walker: We are in receipt of a December 12, 2012, Iowa Department
of Natural Resources request to amend the Iowa State Implementation Plan to address the infrastructure requirements
for the 2008 Ozone National Ambient Air Quality Standard. While we acknowledge this IDNR SIP submission,
we note that the submission does not provide evidence of public notice or a public hearing. That said, we are also aware that IDNR has provided

a public comment and public hearing opportunity. The public comment on this action closes January
8, 2013. We are providing written comments
on Iowa's Air Quality State Implementation Plan Revision for the 2008 Ozone National Ambient Air Quality Standards consistent with this public comment period. We appreciate the state's diligence
in keeping its plan current and consistent with the federal rules and the Environmental Protection Agency guidance. 110 (a){2)(C): Programs for enforcement

of control measures and for construction

or modification

of stationary sources In order to meet the requirements

of Element

C as it pertains
to the major source PSD program

, the Iowa's infrastructure SIP submittal for the 2008 ozone standard must also include the appropriate PSD requirements
for all regulated NSR pollutants (e.g., N0
2 , PM
2
. 5 , etc.). It is Region 7's understanding that Iowa is working on revising its state regulations

to address all regulated NSR pollutants, but these rule revisions have not been submitted

to the EPA for approval into the SIP. If these additional provisions are submitted

to the EPA and are approved into the SIP, the EPA believes the provisions
of the rule would address Element C. However,

at this time, the EPA would not be able to approve any Iowa infrastructure SIP without the state addressing outstanding SIP requirements. 110 (a)(2)(D): Interstate and International Transport We recognize IDNR's intent to address Element Din
a manner consistent with the U.S. Court of Appeals' decision
in the EME Homer City Generation case, which vacated the 2011 Cross-State Air Pollution Rule. However, we also noted that the CSAPR was intended

to address the 1997 annual PM2.5, the 2006 24-hour PM2.5 and the 1997 8-hour ozone NAAQS, and not the 2008 8-hour ozon
e NAAQS. Given that CSAPR

is now stayed pending

a petition for rehearing
of the Court's decision, the EPA will review Iowa's SIP in accordance with the November 19,2012 memo issued by Gina McCarthy.



# * Pr i nted on Recyded Paper..

( 110(a)(2)(E) Adequate personnel, funding. and authority. With respect to Element E, Section 110(a)(2)(E)(ii) requires that each State Implementation Plan contain requirements that the State comply with the requirements respecting State boards under Section 128 of the Clean Air Act. Section 128(a)(1) requires that each SIP shall contain requirements that any board which approves permits or enforcement orders shall have at least
a majority of members who represent the public interest and do not derive any significant portion of their income from persons subject
to permits or enforcement orders. Section 128(a}(2) provides that each SIP contain requirements that potential conflicts of interest be disclosed by members of such boards or bodies (or the head of an executive agency) with the power to approve permits or enforcement orders. Based on the EPA's review of the Iowa SIP and the 2008 Ozone Infrastructure SIP submittal, the EPA has identified

a consistency issue with how the SIP addresses Section 128 of the Clean Air Act. This consistency issue pertains
to all infrastructure SIP submissions, not exclusively the 2008 ozone SIP, which is the specific action we are commenting
on in this letter.
It is our desire to work with you on resolving this consistency issue. 110(a)(2)(1) Nonattainment Areas: Based on our review of the 2008 ozone infrastructure SIP, we would like to clarify that the EPA has stated in recent actions that it is not necessary for states to address element

I in an infrastructure SIP submission. SIPs incorporating necessary local nonattainment area controls are not due within three years after promulgation

of a new or revised NAAQS, but rather, these requirements
are due at the time the nonattainment area plan requirements
are due pursuant
to section 172. Those plans will be reviewed and acted upon through

a separate process. If you or your staff have any questions
or would like to discuss these comments, please contact Amy Algoe-Eakin

of my staff at algoe-eakin.amy@epa.gov

or (913) 551-7942. Joshua Tapp, Branch Chief Air Planning and Development Branch

# (



# ( APPENDICES 39..

(

( Appendix A: Iowa's 2008 Ozone NAAQS Adoption 40IOWAADMINISTRATIVEBULLETINPublishedBiweeklyVOLUMEXXXIIOctober7,2009NUMBERSPages90ItoI080CONTENTSINTHISISSUEPages913to1080includeARC8185BtoARC8216BandARC8218BtoARC8232BALLAGENCIESAgencyidentificationnumbers..................911Citationofadministrativerules..................904Scheduleforrulemaking.......................905ECONOMICDEVELOPMENT,IOWADEPARTMENTOF[261)Notice,EndowIowataxcredits,amendmentstoch47ARC8228B.............913Notice,Iowabroadbanddeploymentgovernanceboard,chs410to412ARC8219B...............................914Filed,Informationtechnologytrainingprogram,amendmentstoch103ARC8210B.............................1034Filed,Leanmanufacturinginstitute;supplychaindevelopment program,rescindch110;amendch111ARC8211B. . . .1035Filed,Managementtalentrecruitmentprogram,amendmentstoch112ARC8212B..1036Filed,Communityattractionandtourismdevelopment(CATD)programs,211.2,211.8, 211.9,211.103ARC8213B...........1037FiledEmergency,Iowabroadbanddeploymentgovernanceboard,chs410to412ARC8218B........................1024EDUCATIONDEPARTMENT[281)Notice,Attendancecenters,rescindch19ARC8186B...............................915Filed,Senioryearplusprogram,ch22ARC8187B. . . . . . . . . . . . . . . . . . . . . . . . . . . . .1038Filed,Supplementaryweightingplanforoperationalfunctionsharing,97.1,97.2,97.4,97.5(6)"a,"97.7ARC8188B... . . .1049ENVIRONMENTALPROTECTIONCOMMISSION[567)NATURALRESOURCESFiled,Airquality,amendmentstochs20,22,23,25,28,33ARC8215B. . . . . . . . . . . . . .1049Filed,RemovalofEPAcleanairmercuryrule(CAMR)provisions,23.1,25.3,34.300to34.308ARC8216B...............1053Filed,Waterqualityandeffluentpretreatmentstandards,amendmentstochs61,62ARC8214B. . . . . . . . . . . . . . . . . . . .1058Filed,Waterqualitystandards-revisionstosurfacewaterclassifications,61.3(5)ARC8226B. . . . . . . . . . . . . . . . . . . . . . . . . . . . .1061HUMANSERVICESDEPARTMENT[441)Notice,Long-termcarepartnershipprogram-Medicaideligibility,75.5ARC8220B.......:.......................916Notice,Medicaideligibility,75.16,75.23ARC8221B...............................917Notice,Intermediatecarefacilities-inflationfactorforreimbursement,82.5,82.7to82.12ARC8208B...............................919Notice,Childabuseassessmentintakeprocess,175.24,175.27(3)ARC8209B........920Filed,FIPassistancepayments,45.21ARC8204B.. . . . . . . . . . . . . . . . . . . . . . . . . . . .1063Filed,Medicaid-coverageandfeesforambulatorysurgicalcenterservices,78.26,79.1ARC8205B...................1064,.

( lAB 10/7/09

FILED

1049 EDUCATION DEPARTMENT[28l](cont'd) funding
as provided
in Iowa Code section 257.11 (7). To qualify
as a senior year plus course,

a course offered through the ICN must comply with the appropriate provisions
of this chapter. These rules are intended
to implement Iowa Code chapter 261E. [Filed 9/10/09, effective 11/11/09] [Published 10/7 /09] EDITOR'S NOTE: For replacement pages for lAC, see lAC Supplement 10/7/09. EDUCATION DEPARTMENT[281] Adopted and Filed ARC 8188B Pursuant

to the authority oflowa Code section 256.7(5), the State Board ofEducation hereby amends Chapter 97, "Supplementary Weighting," Iowa Administrative Code. 2008 Iowa Acts, chapter 1181, division II, created

a new chapter
in the Iowa Code, chapter 261E, "Senior Year Plus Program." The Senior Year Plus Program established

in legislation provides Iowa high school students increased access to advanced placement coursework and postsecondary credit. The first seven items address funding for and various elements of the program. Items

8 through
10 amend provisions regarding the supplementary weighting plan for operational function sharing

. In Item 8, the reference

to Iowa Code chapter 28E is stricken because that is not the conect authority for such agreements.

In Item 9, the percentages are reworded because the present wording only works when the district does not add more sharing anangements. Taking 20 percent of each year is the equivalent
of the present wording. Additionally, new paragraph 97.7(9)"b" clarifies the order of the adjustments and phaseouts. Item 10 is amended

to give more flexibility

to districts that cannot show savings because they are cutting costs across all functions, including cutting instructional staff. Notice of Intended Action was published
in the March 11, 2009, Iowa Administrative Bulletin
as ARC 7611B.
A public hearing was held March 31, 2009, and public comments were allowed until close ofbusiness
on March 31, 2009. No written or oral comments were received regarding these amendments. These amendments
are identical
to those published under Notice. An agencywide waiver provision

is provided
in 281-Chapter

4. These amendments
are intended
to implement Iowa Code section 257.11(9) and Iowa Code chapter 261E. These amendments will become effective November
11, 2009

. EDITOR'S NOTE: Pursuant

to recommendation

of the Administrative Rules Review Committee published

in the Iowa Administrative Bulletin, September
10, 1986, the text of these amendments [97.1, 97.2, 97.4, 97.5(6)"a," 97.7] is being omitted. These amendments
are identical
to those published under Notice as ARC 7611B, lAB 3/11/09. [Filed 9/10/09, effective 11/11/09] [Published

l 0/7 /09] [For replacement pages for lAC, see lAC Supplement 10/7/09.] ARC 8215B ENVIRONMENTAL PROTECTION COMMISSION[567] Adopted and Filed Pursuant
to the authority oflowa Code section 455B.133, the Environmental Protection Commission hereby amends Chapter 20, "Scope of Title-Definitions-Forms-Rules

of Practice," Chapter 22, "Controlling Pollution," Chapter 23, "Emission Standards for Contaminants," Chapter 25,

# 1050

FILED



# lAB 10/7/09 ENVIRONMENTAL PROTECTION COMMISSION[567](cont'd) "Measurement

of Emissions," Chapter 28, "Ambient Air Quality Standards," and Chapter 33, "Special Regulations and Construction Permit Requirements
for Major Stationary Sources-Prevention

of Significant Deterioration (PSD) of Air Quality," Iowa Administrative Code. The primary purpose of the amendments

is to update state air quality rules by adopting new federal requirements, including adoption of new National Ambient Air Quality Standards (NAAQS) and adoption of two new federal air taxies standards. The amendments also revise construction permitting requirements and stack testing requirements. Additional amendments

to other rules and changes
to federal regulations also are being adopted

. Notice of Intended Action was published

in the Iowa Administrative Bulletin on June 17, 2009, as 

# ARC 78558.
A public hearing was held on July 20, 2009. No oral or written comments were presented at the hearing

. One set of written comments was received prior to the close of the public comment period on July 21, 2009

. The submitted comments and the Department's response

to the comments are summarized

in a public responsiveness summary available from the Department. The Department did not make any changes
to the adopted rules from those published under Notice. Item

1 amends rule 567-20

. 2(455B), the definition
of

" volatile organic compounds"

or "VOC." EPA removed two compounds, Propylene Carbonate (CAS#

1 08-32-7) and Dimethyl Carbonate (CAS# 616-38-6), from the definition ofVOC
in a final regulation published
on January 21, 2009. EPA has determined that these two compounds are negligibly reactive, which means they contribute little or nothing
to tropospheric ozone formation. Facilities will not be required
to report Propylene Carbonate and Dimethyl Carbonate

as VOC in their air emissions inventory for calendar year 2009. Item
2 amends rule 567-20.3(455B)

to update the ZIP code for the Department's Air Quality Bureau offices. The Air Quality Bureau offices remain in the current location. However,

a ZIP code change for the current location took effect on July 1, 2009. Item
3 amends subrule 22.1(2) by adding paragraph "oo," which provides for an exemption from construction permitting for certain temporary diesel engines used in periodic testing and maintenance

of natural gas pipelines. Several times per year, natural gas pipelines require periodic testing and repair

. Because of the lead time for this type of project, the owner or operator of the pipeline often does not have sufficient time to apply for and obtain

a construction permit prior to installing the engine and must instead apply to the Department
for a variance from the permitting requirements

of Chapter 22. The Department has conducted
an air quality assessment
of these projects and has determined that an exemption from construction permitting

is appropriate. The exemption contains conditions

to ensure that engine emissions will not exceed the emission limits currently allowed under the small unit exemption specified
in paragraph 22.1 (2)"w." Item
4 amends the introductory paragraph
of subrule 22.1(3)
to update the ZIP code for the Department's
Air Quality Bureau offices as explained previously for Item 2. Item
5 amends the introductory paragraph
of subrule 22.3(8)
to update the ZIP code for the Depa1tment's Air Quality Bureau offices as explained previously for Item 2. Item
6 amends paragraph 22.8(1)"e," the provisions for applying for a permit by rule for spray booths (PBR),
to include new certification requirements regarding National Emission Standards for Hazardous Air Pollutants (NESHAP) for metal fabrication and finishing

at area sources (see Item 16 for an explanation
of the NESHAP). The amendment

is being proposed because the NESHAP for metal fabrication and finishing does not contain any de minimus usage level for materials used in spray applications. This amendment

is similar to an amendment adopted earlier in 2009 regarding the NESHAP for miscellaneous surface coating
at area sources

. As with the earlier adopted amendment, the Department

is modifying the required PBR notification form to include questions that will assist the owner or operator with the NESHAP requirements
for metal fabrication and finishing operations. The amendments

to the PBR rules and the revisions

to the PBR notification form will help ensure that owners and operators are aware of the NESHAP requirements and realize that all spray applications must be in compliance with or otherwise be exempt from the NESHAP by the applicable compliance dates. Item
7 amends subrule 22.9(3)
to update the ZIP code for the Department

' s Air Quality Bureau offices as explained previously for Item
2 .( lAB 10/7/09

FILED

1051 ENVIRONMENTAL PROTECTION COMMISSION[567](cont'd) Item
8 amends the introductory paragraph
of subrule 22.105(1), regarding the requirements
for submitting

a Title V operating permit application, and updates the ZIP code for the Department's Air Quality Bureau offices as explained previously for Item 2. With the adopted amendment, facility owners and operators submitting electronic Title V applications are no longer required
to also submit hard copy applications

to EPA Region VII. The Department has given EPA access to the Department's database
so that EPA may review electronic copies of Title V applications. Item
9 amends subrule 22.128(4)

to update the ZIP code for the Department's Air Quality Bureau offices as explained previously for Item 2. Item 10 amends the introductory paragraph
of subrule 22.203(1)

to update the ZIP code for the Department's Air Quality Bureau offices as explained previously for Item 2. Item 11 amends the introductory paragraph of rule 567-22.209( 455B) to update the ZIP code for the Department's Air Quality Bureau offices as explained previously for Item 2. Item 12 amends the introductory paragraph
of paragraph 22.300(8)"a"

to update the ZIP code for the Department's Air Quality Bureau offices as explained previously for Item 2. Item 13 amends the introductory paragraph
of subrule 22.300(12)

to update the ZIP code for the Department's Air Quality Bureau offices as explained previously for Item 2. Item 14 amends the introductory paragraph
of subrule 23.1 (2), the provisions that adopt by reference the federal New Source Performance Standards (NSPS) contained
in 40 CFR Part 60. On December 22, 2008, EPA amended the NSPS General Conditions (Subpart A) for alternative work practices for equipment leak detection and repair. The alternative work practice

is an alternative

to the current leak detection and repair work practice, which
is not being revised. The final regulations add a requirement

to perform monitoring once per year using the current EPA Method
21 leak detection instrument. On January 28, 2009, EPA amended the NSPS for electric utility steam generating units and the NSPS for industrial, commercial, and institutional steam generating units (Subparts
A, D, Da, Db and De). These amendments add compliance alternatives for owners and operators; eliminate the opacity standard for facilities with

a particulate matter limit of 0.030 pounds per million Btu (lb/MMBtu)

or less that voluntarily install and use pruiiculate matter continuous emission monitors
to demonstrate compliance with that limit; and correct technical and editorial errors. The federal amendments
are EPA's response to petitions for reconsideration

of the NSPS requirements. On March 20, 2009, EPA amended the NSPS for stationary combustion turbines (Subpart KKKK). These amendments remove requirements
for additional sulfur dioxide (S0
2 ) emission control on turbines that burn more than 50 percent biogas (such as landfill gas and digester gas) and set a new sulfur dioxide (S0
2 ) limit of 0.15 lb/MMbtu for these turbines.

In finalizing these amendments, EPA states that its intent was not to require S0 2 control on turbines that burn predominantly biogas,

a fuel with relatively low sulfur content. Biogas that is not burned in a combustion turbine
is usually flared or emitted directly to the atmosphere. Item 15 amends the introductory paragraph
of subrule 23.1(4), the emission standards for hazardous air pollutants for source categories, also known as National Emission Standards for Hazardous Air Pollutants
or "NESHAP,"

to adopt recent amendments that EPA made to 40 CFR Part 63. On December 22, 2008, EPA amended the NESHAP General Conditions for alternative work practices for equipment leak detection and repair. The amendments
are the same as those described
in Item 14. The new NESHAP being adopted are described

in Item 16. Item 16 amends subrule 23.1(4) by adopting new paragraphs "ew" and "ex." This amendment adopts by reference two new NESHAP for new and existing area sources. Area sources are usually smaller commercial

or industrial operations. Specifically, area sources have potential emissions less than

I 0 tons per year (tpy) of any single hazardous air pollutant (HAP) and less than 25 tpy of any combination of HAP and are classified
as minor sources for HAP. Facilities that have potential HAP emissions greater than or equal to these levels are classified
as major sources. Because of the potential impacts
to small businesses and previously unregulated facilities, the Department developed implementation strategies

in conjunction with this rule making. The strategies include cooperative efforts with University
of Northern Iowa-Iowa Air Emissions Assistance Program

# ( 1052

FILED

lAB 10/7/09 ENVIRONMENTAL PROTECTION COMMISSION[567](cont'd) (UNI), Iowa Department
of Economic Development, and the local air quality programs of Linn and Polk Counties

to provide outreach, education and compliance assistance

to affected facilities. The Department's outreach efforts began in 2008 and are continuing during the rule-making process.

It is hoped that these new rules in conjunction with the Department's outreach efforts will result in reductions in air taxies while minimizing the regulatory burden to small businesses and other affected facilities. On July I, 2008, EPA finalized the NESHAP area source standards for plating and polishing operations (Subpart WWWWWW). The NESHAP affects area sources engaged
in specific plating and polishing activities that use or emit cadmium, chromium, lead, manganese,

or nickel. The NESHAP requirements impact plating and polishing tanks, dry mechanical polishing operations, and thermal spraying operations. Owners and operators must implement management practices, such as the use of wetting agents or fume suppressants, and also must comply with equipment standards, such as the use of tank covers or control devices and the capture and control of emissions from thermal spraying and dry mechanical blasting. EPA determined that most facilities already are implementing these management and equipment standards. EPA estimates that
the average, ongoing costs for each facility for record keeping and reporting will be $1100 per year for the first three years and $713 for each year thereafter. The Department estimates that approximately

50 facilities may be subject to the NESHAP for plating and polishing. The Department

in conjunction with UNI is developing compliance tools for affected businesses and is already working directly with several affected facilities. Owners and operators will have until July 2010 to comply with the NESHAP. On July 23, 2008, EPA finalized the NESHAP for nine metal fabrication and finishing area source categories (Subpart XXXXXX). The NESHAP affects area sources that use or emit cadmium, chromium, lead, manganese,

or nickel and the facility
is engaged
in one of the following:
(1) electrical and electronic equipment finishing operations;
(2) fabricated metal products; (3) fabricated plate work (boiler shops); (4) fabricated structural metal manufacturing;

(5) heating equipment, except electric; (6) industrial machinery and equipment finishing operations;
(7) iron and steel forging; (8) primary metal products manufacturing;
and (9) valves and pipe fittings. Owners and operators of affected facilities must implement management practices

to reduce air taxies from dry abrasive blasting, machining, dry grinding and dry polishing with machines, spray painting, and welding. EPA determined that most facilities already are implementing these management practices, and that the average, ongoing costs for each facility for monitoring, record keeping and reporting will be $569 per year. Facilities with spray painting operations may have additional equipment and training costs. The Department estimates that between 50 and 150 facilities may be subject to the NESHAP for metal fabrication and finishing. The Department

in conjunction with UNI is developing outreach materials for affected businesses and is already working directly with
a nwnber of affected facilities

. Owners and operators of existing facilities will have until July 2011 to comply with the NESHAP. Item 17 amends paragraph 25.1(7)"a"

to better reflect the Department's current practices regarding stack testing notifications, pretest meetings, and test protocols. The amendments provide clarity and allow more flexibility. Item 18 amends rule 567-28.1(455B)

to adopt by reference new National Ambient Air Quality Standards (NAAQS). EPA recently strengthened
the NAAQS for ozone and for lead to more adequately protect public health and welfare. EPA issued final rules to revise the NAAQS for ozone on March 27, 2008. EPA issued final rules to revise the NAAQS for lead on November
12, 2008. Item 19 amends subrule 33.3(1), the definition for "volatile organic compounds"

or "VOC"
as described

in Item 1. These amendments
are intended

to implement Iowa Code section 455B

. l33.(lAB10/7/09FILED1053ENVIRONMENTALPROTECTIONCOMMISSION[567](cont'd)TheseamendmentswillbecomeeffectiveonNovember11,2009.EDITOR'SNOTE:PursuanttorecommendationoftheAdministrativeRulesReviewCommitteepublishedintheIowaAdministrativeBulletin,September10,1986,thetextoftheseamendments[amendmentstoChs20,22,23, 25,28,33]isbeingomitted.TheseamendmentsareidenticaltothosepublishedunderNoticeasARC7855B,lAB6/17/09.[Filed9/17/09,effective11/11/09][Published1017/09][ForreplacementpagesforlAC,seelACSupplement10/7/09.]ARC8216BENVIRONMENTALPROTECTIONCOMMISSION[567]AdoptedandFiledPursuanttotheauthorityoflowaCodesection455B.l33,theEnvironmentalProtectionCommissionherebyamendsChapter23,"EmissionStandardsforContaminants,"Chapter25,"MeasurementofEmissions,"andChapter34,"ProvisionsforAirQualityEmissionsTradingPrograms,"IowaAdministrativeCode.ThepurposeoftheadoptedamendmentsistoremovefromthestateairqualityrulesEPA'sCleanAirMercuryRule(CAMR)provisionsthatwerevacatedbytheUnitedStatesCourtofAppealsfortheDistrictofColumbiaCircuit(theD.C.Cowi).TheDepartmentisalsoaddingnewmercurymonitoringprovisionstothestateairqualityrules.NoticeoflntendedActionwaspublishedintheIowaAdministrativeBulletinonMarch11,2009,asARC7622B.ApublichearingwasheldonAprill3,2009.Nooralorwrittencommentswerepresentedatthehearing.AttherequestofEPARegionVII,theDepartmentextendedthepubliccommentperiod.AnAmendedNoticeofIntendedActionwaspublishedintheIowaAdministrativeBulletinonMay6,2009,asARC7738B,extendingthepubliccommentperiodtoMay12,2009.Sevenwrittencommentswerereceivedpriortothecloseofthepubliccommentperiod.ThesubmittedcommentsandtheDepartment'sresponsetothecommentsaresummarizedinapublicresponsivenesssummaryavailablefromtheDepartment.TheDepartmentreceivedcommentsinsupportofrescindingthefederalCAMRprovisionsthatwereadoptedbyreferenceintostateairqualityrules.TheD.C.CourtfoundtheregulationstobeunauthorizedundertheCleanAirAct(CAA)orotherwisedeficient.AlthoughtheD.C.Courtvacatedthefederalregulations,theseregulationswereadoptedbyreferenceandthereforewerestillineffectandenforceablebytheDepartment.TheCAMRprogramwasintendedtoreducemercwyemissionsfromcoal-firedelectricutilitysteamgeneratingunits(EGUs)atthenationallevelandwasbaseduponthestate'sparticipationinan EPA-managedmercuryemissionstradingprogram.Sincethefederalregulationswerevacated,EPAwillnotberunningthetradingprogram,norwillEPAbeimplementinganyoftheotherCAMRprovisionsvacatedbytheD.C.Court.ThisnegatestheneedforIowatoretainthefederalregulationsthatwereadoptedbyreference.TheDepartmentdidnotreceiveanycommentsopposingremovalofthefederalCAMRprovisions.TheDepartmentisproceedingwithadoptingrulestoremovethefederalCAMRprovisionsasdetailedinthefollowingexplanationsforItemsI,2,3and5.TheDepartmentreceivedcommentsopposingtheproposedmercurymonitoringprovisions.Thecommentersgenerallyassertedthatthedepartmentshouldnotrequireadditionalmercurymonitoring,butalsosuggestedsomealternativestotheproposedamendments.TheDepartmentalsoreceivedcommentsfromEPARegionVIIcommendingtheDepartmentforproposingmercurymonitoringrequirements,whilesuggestingtechnicalcorrectionsandclarifications.TheDepartmentisproceedingwithadoptingrulestorequiremercwymonitoringbecausetheDepartmenthasdeterminedthattheadditionaldatacollectedwillallowformorecurrentandaccurate

## Appendix
B: Rulemaking and Public Participation Process The DNR'

s rulemaking process
is governed by Iowa Code

§ 17 A, also referred
to as the Iowa Administrative Procedure Act (IAPA). The IAPA details the procedures and format of state agency rulemakings.
All rulemakings must be adopted within 180 days following either the published notice or the last date of the oral presentations
on the proposed rule, whichever

is later. Administrative rules are approved by the Environmental Protection Commission (EPC) as authorized under Iowa Code 455A.6. Additional requirements associated with the rulemaking process are contained
in Executive Orders (EO) 71 and 80. EO 71 requires agencies
to take steps to minimize the adverse impact on jobs and the development
of new employment opportunities before proposing

a rule

. Documentation

of these steps is completed by submitting

a Jobs Impact Statement

to the Administrative Rules Coordinator prior to publication
of notice of intended action. The Jobs Impact Statement

is published
as part of the preamble
to the notice of rulemaking

in the Iowa Administrative Bulletin (lAB). Agencies accept comments and information from stakeholders

to assist in preparing the Jobs Impact Statement. EO 80 directs agencies
to create stakeholder groups for specific rulemaking activities
if requested
to do so by the agency director or the Administrative Rules Coordinator. Stakeholder group members

are determined
by the agency in consultation with the Administrative Rules Coordinator. Stakeholder groups are advisory and do not constitute agencies

for rulemaking purposes. Stakeholder groups solicit input from the public and submit formal recommendations to the DNR. An example of the rulemaking process
is listed below: 

### 1. E080 Stakeholder Group: Determine need for stakeholder group in conjunction with the DNR Director and the Administrative Rules Coordinator. Form and participate

in the E080 stakeholder group if the group
is determined

to be necessary. 2. 

### Job Impact Statement

& 

### Informal Stakeholder Input: Gather stakeholder input for the Job Impact Statement (JIS) to comply with Executive Order 71. Inform the EPC of plans associated with the proposed rulemaking. 3. 

### Governor's Office pre-clearance: Submit the llS and the draft Notice oflntended Action to the Governor's office for approval. 4. 

### Notice of Intended Action: After preclearance,
the DNR proposes the rulemaking through

a Notice oflntended Action.
A fiscal impact statement

is included with this document.

If approved by the EPC, the proposed rulemaking will be published

in the lAB. 5. 

### Public Comment Period and Public Hearing(s): The lAB indicates the length of the comment period, the agency contact, and the details of the public hearing(s). The minimum amount of time for the public comment period and public hearing date is 30 days for rules that the DNR plans to submit in a SIP revision. 6. 

### Initial Administrative Rules Review: At some point during the rulemaking process, the proposed rule is reviewed by the Iowa General Assembly's Administrative Rules 47,.(ReviewCommittee(ARRC).TheDNRprovidesanoverviewoftherulemakingandrespondstoquestionsattheARRC'spublicmeeting.7.AdoptedandFiled:Afterthecloseofthepubliccommentperiod,theDNRreturnstotheEPCtorequestadoptionoftherulemaking.Asummaryofpubliccommentsandresponsesareincludedwiththeproposedrulemaking.Ifadopted,therulemakingispublishedinthelAB.8.FinalPublication:TheadoptedandfiledrulemakingwillbepublishedinthelAB.9.FinalAdministrativeRulesReview:Uponpublicationofthefinalrulemaking,theARRCconductstheirfinalreviewattheirpublicmeeting.TheARRCdoeshavethediscretiontoobjecttoarule.TheARRCmayalsodelaytheeffectivedateofaproposedrulependingadditionalreviewbytheIowaGeneralAssembly.10.RuleEffective:Typically,therulemakingbecomeseffective35daysafterfinalpublicationinthelAB.TheDNRcanproposealatereffectivedate,if.necessary.48

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