Iowa Department of Natural Resources 

Environmental Services Division 

Air Quality Bureau 

7900 Hickman Rd Suite 1 

Windsor Heights, lA 50324 

Amendment 

January 14, 2013 
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 
Lenexa, KS 66219 

Dear Regional Administrator Brooks: 

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/ 

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 
5 
g

, 

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 
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 

http://www.iowadnr.gov/InsideDNR/RegulatorvAir/MonitoringAmbientAir.aspx. 

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. 

Figure 1. 2011 Iowa Ozone Monitoring Network. 

Iowa Ozone Design Values: 2009-2011 

Values In ppb, values greater than 75 exceed the standard 

3 Maximum ozone concentrations are typically measured downwind of a metropolitan statistical area (MSA). The 

site intended to record the maximum ozone concentration resulting from a given MSA may be located outside the 

MSA boundaries. 

7 
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 
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p

f

y 

p

f 

p

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 
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 
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!RegulatoryAir/PublicRecordsAirQualitv.aspx. The information is 

at the bottom of the page under Online Searches, and DocDNA. 

11 
12 
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 
14 
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 
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 
The DNR has the authority to conduct air dispersion modeling to complete an amb

e

t a

p

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 
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 
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. 

19 
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 welfare and to reduce 

emissions contributing to acid rain pursuant to Tit. IV of the federal Clean 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. 

20 
(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 

21 
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 
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 

23 
p

g

g 

j

p

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 
(a) Anaerobic lagoons, constructed or expanded on or after June 20, 1979, but prior to 

May 31, 1995, or earthen waste slurry storage basins, constructed or expanded on or after 

July 1, 1990, but prior to May 31, 1995, which are used in connection with animal 

feeding operations containing less than six hundred twenty-five thousand pounds live animal weight capacity of animal species other than beef cattle or containing less than 

one million six hundred thousand pounds live animal weight capacity of beef cattle, shall 

be located at least one thousand two hundred fifty feet from a residence not owned by the 

owner of the feeding operation or from a public use area other than a public road. 

Anaerobic lagoons or earthen waste slurry storage basins, which are used in connection 

with animal feeding operations containing six hundred twenty-five thousand pounds or 

more live animal weight capacity of animal species other than beef cattle or containing 

one million six hundred thousand pounds or more live animal weight capacity of beef 

cattle, shall be located at least one thousand eight hundred seventy-five feet from a 

residence not owned by the owner of the feeding operation or from a public use area 

other than a public road. For the purpose of this paragraph the determination oflive 

animal weight capacity shall be based on the average animal weight capacity during a 

production cycle and the maximum animal capacity of the animal feeding operation. 

(b) Anaerobic lagoons which are used in connection with industrial treatment of 

wastewater where the average wastewater discharge flow is one hundred thousand 

gallons per day or less shall be located at least one thousand two hundred fifty feet from a 

residence not owned by the owner of the lagoon or from a public use area other than a 

public road. Anaerobic lagoons which are used in connection with industrial treatment of 

wastewater where the average wastewater discharge flow is greater than one hundred 

thousand gallons per day shall be located at least one thousand eight hundred seventyfive feet from a residence not owned by the owner of the lagoon or from a public use area 

other than a public road. These separation distances apply to the construction of new 

facilities and the expansion of existing facilities. 

(2) A person may build or expand an anaerobic lagoon or an earthen waste slurry storage 

basin closer to a residence not owned by the owner of the anaerobic lagoon or to a public 

use area than is otherwise permitted by subparagraph (1) of this paragraph, if the affected 

landowners enter into a written agreement with the anaerobic lagoon owner to waive the 

separation distances under such terms the parties negotiate. The written agreement 

25 
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 

26 
[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 
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 
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 
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." 

30 
7 

. 0309 • P.O. 8o:a. 957, Des Moines, Iowa 50306 • 515.284.8000 
22D544D1D000000000000006746841DOP1835311502 

· .. :)/;l)/di 9:7 ()() i~;,:: 

54.00 

WALSH 

ALL ACCOUNTS ARE DUE 15 DAYS AFTER THE END OF THE BILLING PERIOD 

22054401 

·"fi-v;' DES MOINES {. 11-•/ REGISTER 715 Locust St. (. ~J. MEDIA Des 1\~oines, L\ 5030!) 

. [> A GAtiHETT COMPAUY 

IOWA D N R 

BILLING INQUIRIES: (871)556-0332 

E·MAIL: desm@ccc.gannett.com 

. A LATE PAYMENT FEE OF 11/2% 

.. PER BlllltlG PERIOD WILL BE 

ADDED FOR PAST DUE BALANCES • 
NEWS 

Poliks 

Crime&Courts 

The ozone NAAQS was revised by EPA on Ma

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, 

p

p

(pp

) 

pp

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average concentration. The EPAs 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 atwww.jowacleanaircom, 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 Heights, Iowa, 50324, fax 515-242-5094, or by electronic mail 

to Wendy Walkerlii'dnr jowa gov " Walber@dnr.jowa.gov . 

A public hearing will be held on January 8, 2013, at I :00 p.m. in the conference rooms at the Iowa DNRs Air Quality Bureau office located at 7900 Hickman 

Road, Suite I, 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 DNRs response to the comments. The completed responsiveness 

summary will be forwarded to EPA and made available to the public upon request 

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Search Results • 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 12/7/2012 
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 Wendy.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: 

http:/ /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 
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., N02, PM2.5, 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 ozone 

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. 

* Printed on Recyded Paper 
y 

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 
39 
40 
CONTENTS IN THIS ISSUE 

Pages 913 to 1080 include ARC 8185B to ARC 8216B and ARC 8218B to ARC 8232B 

ALL AGENCIES 

Agency identification numbers .................. 911 

Citation of administrative rules .................. 904 

Schedule for rule making ....................... 905 

ECONOMIC DEVELOPMENT, IOWA 

DEPARTMENT OF[261) 

Notice, Endow Iowa tax credits, 

amendments to ch 47 ARC 8228B ............. 913 

Notice, Iowa broadband deployment 

governance board, chs 410 to 412 

ARC 8219B ............................... 914 

Filed, Information technology training 

program, amendments to ch 103 

ARC 8210B ............................. 1034 

Filed, Lean manufacturing institute; 

supply chain development program, 

rescind ch 11 0; amend ch 111 ARC 8211B . . . . 1035 

Filed, Management talent recruitment 

program, amendments to ch 112 ARC 8212B .. 1036 

Filed, Community attraction and tourism 

development (CATD) programs, 211.2, 

211.8, 211.9, 211.103 ARC 8213B ........... 1037 

Filed Emergency, Iowa broadband 

deployment governance board, chs 410 

to 412 ARC 8218B ........................ 1024 

EDUCATION DEPARTMENT[281) 

Notice, Attendance centers, rescind ch 19 

ARC 8186B ............................... 915 

Filed, Senior year plus program, ch 22 

ARC 8187B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1038 

Filed, Supplementary weighting plan 

for operational function sharing, 97.1, 

97.2, 97.4, 97.5(6)"a," 97.7 ARC 8188B.. . . . . 1049 

ENVIRONMENTAL PROTECTION 

COMMISSION[567) 

NATURAL RESOURCES 

Filed, Air quality, amendments to chs 20, 

22, 23, 25, 28, 33 ARC 8215B . . . . . . . . . . . . . . 1049 

Filed, Removal of EPA clean air mercury 

rule (CAMR) provisions, 23.1, 25.3, 

34.300 to 34.308 ARC 8216B............... 1053 

Filed, Water quality and effluent 

pretreatment standards, amendments to 

chs 61, 62 ARC 8214B . . . . . . . . . . . . . . . . . . . . 1058 

Filed, Water quality standards-revisions 

to surface water classifications, 61.3(5) 

ARC 8226B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1061 

HUMAN SERVICES DEPARTMENT[441) 

Notice, Long-term care partnership 

program-Medicaid eligibility, 75.5 

ARC 8220B ....... : ....................... 916 

Notice, Medicaid eligibility, 75.16, 75.23 

ARC 8221B ............................... 917 

Notice, Intermediate care 

facilities-inflation factor for 

reimbursement, 82.5, 82.7 to 82.12 

ARC 8208B ............................... 919 

Notice, Child abuse assessment intake 

process, 175.24, 175.27(3) ARC 8209B ........ 920 

Filed, FIP assistance payments, 45.21 

ARC 8204B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1063 

Filed, Medicaid-coverage and fees for 

ambulatory surgical center services, 

78.26, 79.1 ARC 8205B ................... 1064 
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, 
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. 
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 (S02) emission control on turbines 

that burn more than 50 percent biogas (such as landfill gas and digester gas) and set a new sulfur dioxide 

(S02) limit of 0.15 lb/MMbtu for these turbines. In finalizing these amendments, EPA states that its 

intent was not to require S02 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 
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. 
ENVIRONMENTAL PROTECTION COMMISSION[567] 

Adopted and Filed 

Pursuant to the authority oflowa Code section 455B.l33, the Environmental Protection Commission 

hereby amends Chapter 23, "Emission Standards for Contaminants," Chapter 25, "Measurement 

of Emissions," and Chapter 34, "Provisions for Air Quality Emissions Trading Programs," Iowa 

Administrative Code. 

The purpose of the adopted amendments is to remove from the state air quality rules EPA's Clean 

Air Mercury Rule (CAMR) provisions that were vacated by the United States Court of Appeals for the 

District of Columbia Circuit (the D.C. Cowi). The Department is also adding new mercury monitoring 

provisions to the state air quality rules. 

Notice oflntended Action was published in the Iowa Administrative Bulletin on March 11, 2009, as 

ARC 7622B. A public hearing was held on Aprill3, 2009. No oral or written comments were presented 

at the hearing. At the request of EPA Region VII, the Department extended the public comment period. 

An Amended Notice of Intended Action was published in the Iowa Administrative Bulletin on May 6, 

2009, as ARC 7738B, extending the public comment period to May 12,2009. Seven written comments 

were received prior to the close of the public comment period. 

The submitted comments and the Department's response to the comments are summarized in a public 

responsiveness summary available from the Department. 

The Department received comments in support of rescinding the federal CAMR provisions that were 

adopted by reference into state air quality rules. The D.C. Court found the regulations to be unauthorized 

under the Clean Air Act (CAA) or otherwise deficient. Although the D.C. Court vacated the federal 

regulations, these regulations were adopted by reference and therefore were still in effect and enforceable 

by the Department. 

The CAMR program was intended to reduce mercwy emissions from coal-fired electric utility 

steam generating units (EGUs) at the national level and was based upon the state's participation in 

an EPA-managed mercury emissions trading program. Since the federal regulations were vacated, 

EPA will not be running the trading program, nor will EPA be implementing any of the other CAMR 

provisions vacated by the D.C. Court. This negates the need for Iowa to retain the federal regulations 

that were adopted by reference. 

The Department did not receive any comments opposing removal of the federal CAMR provisions. 

The Department is proceeding with adopting rules to remove the federal CAMR provisions as detailed 

in the following explanations for Items I, 2, 3 and 5. 

The Department received comments opposing the proposed mercury monitoring provisions. The 

commenters generally asserted that the department should not require additional mercury monitoring, but 

also suggested some alternatives to the proposed amendments. The Department also received comments from EPA Region VII commending the Department for proposing mercury monitoring requirements, 

while suggesting technical corrections and clarifications. 

The Department is proceeding with adopting rules to require mercwy monitoring because the 

Department has determined that the additional data collected will allow for more current and accurate 
q

g p

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 
10. Rule Effective: Typically, the rulemaking becomes effective 35 days after final 

publication in the lAB. The DNR can propose a later effective date, if. necessary. 

48 

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