Iowa Administrative Bulletin

VOLUME XXXVII NUMBER 13

December 24, 2014

Pages 1167-1175

ARC 1795C

ENVIRONMENTAL PROTECTION COMMISSION [567]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 455B.133, the Environmental 

Protection Commission (Commission) hereby gives Notice of Intended Action to amend 

Chapter 20, “Scope of Title—Definitions—Forms—Rules of Practice,” Chapter 22, 

“Controlling Pollution,” Chapter 23, “Emission Standards for Contaminants,” Chapter 25, 

“Measurement of Emissions,” Chapter 31, “Nonattainment Areas,” 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 purpose of the proposed rule making is to rescind unnecessary rules and to 

update other rules to reduce regulatory requirements. The proposed amendments 

rescinding the Voluntary Operating Permit program fulfill the recommendations of an 

Executive Order 80 stakeholder group. The proposed amendments will also implement a 

portion of the Department of Natural Resources’ (Department’s) five-year rules review 

plan to accomplish the requirements of Iowa Code section 17A.7(2).

The Commission proposes to rescind the following air quality rules:

1. References to air quality forms that no longer exist or are explained 

elsewhere in rule;

2. Conditional permits;

3. Voluntary Operating Permit program; and

4. Adoption by reference of several air toxics standards and new source 

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performance standards that do not apply to any Iowa sources.

The Commission also proposes to reduce regulatory requirements by:

1. Amending the definition of “volatile organic compounds” to remove 

several compounds; and

2. Sunsetting the requirements for testing and monitoring mercury emissions 

that are being addressed by federal regulations.

Volatile Organic Compounds

Background

Between July 2, 2012, and March 27, 2014, the U.S. Environmental Protection 

Agency (EPA) published revisions to remove several compounds from the definition of 

“volatile organic compounds” (VOC). The excluded compounds are HFO-1234ze, 

HFE-134, HFE-236cal2, HFE-338pcc13, H-Galden 1040X (H-Galden ZT 130, 150 or 

180), SolsticeTM 1233zd(E), HFO-1234yf, and 2-amino-2-methyl-1-propanol (AMP). 

EPA removed the compounds because the compounds make a negligible contribution to 

tropospheric ozone formation.

The Commission proposes to adopt EPA’s revisions so that state rules will match 

current federal regulations. The amendment will benefit the regulated community because 

affected facilities will no longer need to count these compounds towards potential or actual 

VOC emissions for permitting or emission inventory purposes.

Proposed Amendment

Item 1 amends rule 567—20.2(455B) to revise the definition of “volatile organic 

compounds” or “VOC” to adopt by reference the current federal definition of “VOC” and 

to remove several compounds from the list of VOCs (see also Item 23).

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References to Air Quality Forms

Background

Rule 567—20.3(455B), air quality forms generally, includes the names and 

descriptions of forms that are used by the public. The Department reviewed this rule and 

found that forms referenced in the rule are either no longer in use or are referenced 

elsewhere in other air quality rules. The Department recommends rescinding this rule to 

eliminate unnecessary rules and to meet the requirements of Iowa Code section 17A.7(2). 

Removing outdated rules will also make rules more accessible and understandable to the 

public.

Proposed Amendment

Item 2 rescinds and reserves rule 567—20.3(455B) to eliminate obsolete and 

duplicative references to air quality forms.

Conditional Permits

Background

Conditional permits were added to the Iowa Code in the 1970s to facilitate electric 

utility rate setting. The Iowa Utilities Board changed the rate-setting requirements so that 

conditional permits were not needed. The Department has no record of issuing a 

conditional permit to an electric utility. 2014 Iowa Acts, Senate File 2197, signed by 

Governor Branstad on March 14, 2014, removed the statutory authority for conditional 

permits. The Commission proposes to remove rule provisions for conditional permits as 

part of the five-year rules review required in Iowa Code section 17A.7(2). Removing 

outdated rules will clarify and streamline the Department’s air quality program.

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Proposed Amendments

The Commission proposes Items 3 through 11 to rescind all rule requirements and 

references for conditional permits (see also Items 22 and 23).

Item 3 amends the introductory paragraph of subrule 22.1(1) to remove a reference 

to conditional permits.

Item 4 amends the introductory paragraph of subrule 22.1(3) to remove references 

to conditional permits.

Item 5 rescinds and reserves subrule 22.1(4) to remove conditional permit 

requirements.

Item 6 amends subrule 22.2(2) to remove a reference to conditional permits.

Item 7 amends subrule 22.2(3) to remove a reference to conditional permits.

Item 8 amends the introductory paragraph of subrule 22.3(1) to remove references 

to conditional permits.

Item 9 rescinds and reserves paragraph 22.3(3)“d” to remove conditional permit 

requirements.

Item 10 amends paragraph 22.3(3)“g” to remove references to conditional permits.

Item 11 amends paragraph 22.3(4)“a” to remove references to conditional permits.

Voluntary Operating Permits

Background

The Department developed the Voluntary Operating Permit (VOP) program to 

assist facilities that wanted to take voluntary limitations on emissions and operations to 

avoid having to obtain a Title V operating permit. In the mid-1990s, EPA required the 

Department to have a federally enforceable operating permit program to address existing 

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facilities that wanted to establish limits below the Title V operating permit program 

thresholds. The Department’s Air Construction Permit program also provides a mechanism 

to establish limits for facilities to remain below the Title V operating permit program 

thresholds. The Department utilized the Lean Value Stream Mapping process to identify 

the VOP program as a program that could be eliminated to reduce the regulatory burden on 

industry and to remove unnecessary regulations.

An Executive Order 80 (EO80) stakeholder group was formed to make 

recommendations to the Commission on the VOP program. On April 16, 2013, the EO80 

stakeholder group recommended rescinding the VOP rules. The Department worked 

individually with each of the VOP facilities to transition these facilities to alternate 

permitting options. The Department completed the necessary permitting activities in late 

May 2014. Table 1 lists all of the facilities moved out of the VOP program and includes 

descriptions of the alternative mechanisms used, if any, to ensure that potential emissions 

at each facility remain below Title V program thresholds.

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Table 1: Summary of VOP Transitions

Facility New Permit Format (If Required)

Cargill, Buffalo Facility has a Group 1 Grain Elevator 

permit.

Estherville Municipal Utility, Estherville Construction permits issued.

Ferguson Elevator Corporation, Ferguson No permit required. The facility is closed.

Flexible Industries Company, Burlington No permit required. The facility is closed.

JBS USA LLC, Marshalltown The facility transitioned to a Title V 

operating permit to allow for projected 

emissions increases.

Kinze Manufacturing Inc., Williamsburg Construction permits issued.

Klinger Paint Company, Cedar Rapids Construction permits issued.

LG Everist Inc., Hawarden Construction permit issued.

Maaco Auto Repair, Council Bluffs Facility has a permit-by-rule permit.

McGregor Municipal Utilities, McGregor Construction permits issued.

MicroSoy Corporation/West Central 

Coop, Jefferson

Construction permits issued.

Paxton & Vierling Steel Company, Carter 

Lake

Construction permits issued.

Peoples Natural Gas, Council Bluffs No permit required. The facility is closed.

Phillips Pipe Line Company/Noble Petro 

Inc., Council Bluffs Construction permit issued.

Rock Rapids Municipal Utilities, Rock 

Rapids

Construction permit issued.

Spencer Municipal Utilities, Spencer Construction permits issued.

Tama Packing Company, Tama

No permit required. The facility is closed. 

New equipment was permitted when the 

facility reopened under a new facility 

name and number.

The Dial Corporation/Pinnacle Foods 

Group Inc., Fort Madison Construction permits issued.

Proposed Amendments

The Commission proposes the amendments in Items 12 through 17 to remove the 

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requirements for and references to the VOP program.

Item 12 amends the definition “designated representative” in rule 

567—22.100(455B) to remove the reference to the voluntary operating permit rules.

Item 13 rescinds and reserves rules 567—22.200(455B) to 567—22.209(455B) to 

remove voluntary operating permit requirements.

Item 14 amends the introductory paragraph of rule 567—22.300(455B) to remove 

the reference to voluntary operating permit rules.

Item 15 amends paragraph 22.300(2)“c” to remove references to voluntary 

operating permits.

Item 16 amends the introductory paragraph of paragraph 22.300(8)“a” to remove 

references to voluntary operating permits.

Item 17 amends paragraph 22.300(9)“a” to remove references to voluntary 

operating permits.

New Source Performance Standards and Air Toxics Standards

Background

The U.S. Clean Air Act (CAA) obligates the EPA to issue standards to control air 

pollution. Two categories of standards, the new source performance standards (NSPS) and 

air toxics standards (formally called national emission standards for hazardous air 

pollutants or NESHAP), set standards and deadlines for industrial, commercial and 

institutional facilities to meet uniform standards for equipment operation and air pollutant 

emissions.

The CAA allows a state or local agency to implement NSPS and NESHAP as a 

“delegated authority.” Upon state adoption, the Department becomes the delegated 

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authority for the specific NSPS or NESHAP and is the primary implementation agency in 

Iowa. Two local air quality agencies, Polk County and Linn County, implement these 

standards within their counties. Iowa’s rules, including all compliance deadlines, are 

identical to the federal NSPS and NESHAP as of a specific date.

The Department identified previously adopted NSPS and NESHAP that do not 

affect any facilities in Iowa and are unlikely to affect any Iowa facilities in the future. Most 

of the federal standards apply to mineral and material processing.

The Department recommends rescinding the paragraphs that adopt by reference 

these NSPS and NESHAP. The rescissions will accomplish the Department’s goal of 

eliminating obsolete rules and meet the requirements in Iowa Code section 17A.7(2). If an 

affected facility should plan to locate in Iowa in the future, the Department will evaluate 

whether to request adoption of the standards at that time. Removing the unnecessary 

provisions will also make rules more accessible and understandable for regulated entities 

and the public.

Proposed Amendments

Item 18 rescinds and reserves paragraphs 23.1(2)“g,” “h,” “m,” “n,” “o,” and “p” to 

remove the adoption by reference of NSPS under 40 Code of Federal Regulations (CFR) 

Part 60 for petroleum production, secondary lead smelters, primary copper smelters, 

primary zinc smelters, primary lead smelters, and primary aluminum reduction plants, 

respectively.

Item 19 rescinds and reserves paragraphs 23.1(3)“b,” “c,” “h,” and “j” to remove 

the adoption by reference of the NESHAP under 40 CFR Part 61 for beryllium, beryllium 

rocket motor firing, inorganic arsenic emissions from arsenic trioxide and metallic arsenic 

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production facilities, and inorganic arsenic emissions from primary copper smelters, 

respectively.

Item 20 rescinds and reserves paragraphs 23.1(4)“j,” “p,” “x,” “ac,” “ai,” “al,” 

“bc,” “bq,” “bt,” “dr,” and “dt” to remove the adoption by reference of the NESHAP under 

40 CFR Part 63 for polyvinyl chloride and copolymers production, primary aluminum 

production plants, secondary lead smelting, petroleum production, ship building and ship 

repair, steel pickling plants, primary copper smelting, primary lead smelting, taconite iron 

ore processing, and primary magnesium refining, respectively.

Mercury Emissions Testing and Monitoring Rules

Background

The Commission adopted the mercury emissions testing and monitoring rules in 

2009 as a temporary requirement until EPA finalized its mercury air toxics standards 

(MATS) for electric utility steam generating units (EGUs). EPA has now finalized MATS, 

which includes mercury emissions standards and monitoring requirements. The state 

mercury rules are duplicative of the MATS requirements. The Commission proposes a 

sunset date for the mercury rules of April 16, 2015, which is the MATS compliance date 

for existing EGUs. If a facility receives an extension to comply with MATS, the 

Commission proposes that the facility continue to comply with the mercury monitoring 

rules until the date the facility is required to comply with MATS.

Proposed Amendment

Item 21 amends the introductory paragraph of rule 567—25.3(455B) to add a 

sunset date for the state’s mercury emissions testing and monitoring requirements.

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Additional Amendments

Item 22 amends paragraph 31.20(1)“m” to remove the reference to conditional 

permits. The Commission proposes to rescind all rule requirements and references to 

conditional permits, as described above for Items 3 through 11.

Item 23 amends the definitions of “enforceable permit condition” and “volatile 

organic compounds” or “VOC” in subrule 33.3(1). The revision to the definition of 

“enforceable permit condition” removes the reference to conditional permits and is the 

same as the amendment described above for Item 22. The change to the definition of 

“volatile organic compounds” or “VOC” is the same as the revision explained above for 

Item 1.

Any person may make written suggestions or comments on the proposed 

amendments on or before January 26, 2015. Written comments may be directed to 

Christine Paulson, Department of Natural Resources, Air Quality Bureau, 7900 Hickman 

Road, Suite 1, Windsor Heights, Iowa 50324; fax (515)725-9501; or e-mail to 

christine.paulson@dnr.iowa.gov.

A public hearing will be held on Monday, January 26, 2015, at 1 p.m. in the 

conference rooms at the Department’s Air Quality Bureau office located at 7900 Hickman 

Road, Windsor Heights, Iowa. All comments must be received no later than 4:30 p.m.

on January 26, 2015.

Any person who intends to attend the public hearing and has special requirements, 

such as those related to hearing or mobility impairments, should contact Christine Paulson 

at (515)725-9510, or by e-mail to christine.paulson@dnr.iowa.gov to advise of any 

specific needs.

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Jobs Impact Statement

The following is a summary of the jobs impact statement. The complete jobs 

impact statement is available from the Department upon request.

After analysis and review, the Department has determined that the proposed 

amendments will have a positive impact on private sector jobs.

Removing compounds from the list of VOCs

Revising the definition of “VOC” in rule 567—20.2(455B) and in subrule 33.3(1) 

will have a positive impact on facilities because the compounds proposed to be excluded 

would no longer need to be considered when permit applications or emissions inventories 

are prepared.

Eliminating obsolete and redundant rule references to air quality forms

Rescinding rule 567—20.3(455B) will benefit the regulated community and the 

public by providing current and nonduplicative references to air quality forms.

Rescinding the rules for conditional permits

Rescinding the rule requirements for and references to conditional permits will 

have no impact on jobs because the Department has no record of issuing a conditional 

permit to an electric utility. However, rescinding the obsolete rule requirements for and 

references to conditional permits as described above should benefit the regulated 

community and the public by providing them with up-to-date air quality requirements.

Rescinding the VOP program rules

Businesses with a VOP permit are required to renew the application every five 

years. The VOP application includes all emissions at the facility and takes a considerable 

amount of time to complete. Rescinding the VOP program rule requirements and 

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references as noted above will reduce the regulatory burden for businesses by eliminating 

the five-year renewal requirement, thus saving the time it takes to draft and submit the 

comprehensive application.

Removing adoption by reference of NSPS and NESHAP

Iowa currently has no industries affected by the NSPS and NESHAP proposed for 

rescission in subrules 23.1(2), 23.1(3), and 23.1(4), and these requirements are unlikely to 

affect any Iowa facilities in the future. Rescinding these standards will streamline state air 

quality rules and will have a positive impact on regulated community and the public.

Sunsetting the mercury testing and monitoring rules

Adding a sunset date to the mercury monitoring requirements in rule 

567—25.3(455B) will have a positive impact on affected facilities by eliminating 

potentially duplicative and expensive testing and monitoring requirements.

These amendments are intended to implement Iowa Code sections 455B.133 and 

17A.7(2).

The following amendments are proposed.

ITEM 1. Amend rule 567—20.2(455B), definition of “Volatile organic 

compounds,” as follows:

“Volatile organic compounds” or “VOC” means any compound included in the 

definition of “volatile organic compounds” found at 40 CFR Section 51.100(s) as amended 

through January 21, 2009 March 27, 2014.

ITEM 2. Rescind and reserve rule 567—20.3(455B).

ITEM 3. Amend subrule 22.1(1), introductory paragraph, as follows:

22.1(1) Permit required. Unless exempted in subrule 22.1(2) or to meet the 

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parameters established in paragraph “c” of this subrule, no person shall construct, install, 

reconstruct or alter any equipment, control equipment or anaerobic lagoon without first 

obtaining a construction permit, or conditional permit, or permit pursuant to rule 

567—22.8(455B), or permits required pursuant to rules 567—22.4(455B), 

567—22.5(455B), 567—31.3(455B), and 567—33.3(455B) as required in this subrule. A 

permit shall be obtained prior to the initiation of construction, installation or alteration of 

any portion of the stationary source or anaerobic lagoon.

ITEM 4. Amend subrule 22.1(3), introductory paragraph, as follows:

22.1(3) Construction permits. The owner or operator of a new or modified 

stationary source shall apply for a construction permit unless a conditional permit is 

required by Iowa Code chapter 455B or subrule 22.1(4) or requested by the applicant in 

lieu of a construction permit. Two copies of a construction permit application for a new or 

modified stationary source shall be presented or mailed to Department of Natural 

Resources, Air Quality Bureau, 7900 Hickman Road, Suite 1, Windsor Heights, Iowa 

50324. Alternatively, the owner or operator may apply for a construction permit for a new 

or modified stationary source through the electronic submittal format specified by the 

department. The owner or operator of any new or modified industrial anaerobic lagoon or a 

new or modified anaerobic lagoon for an animal feeding operation other than a small 

operation as defined in rule 567—65.1(455B) shall apply for a construction permit. Two 

copies of a construction permit application for an anaerobic lagoon shall be presented or 

mailed to Department of Natural Resources, Water Quality Bureau, Henry A. Wallace 

Building, 502 East Ninth Street, Des Moines, Iowa 50319.

ITEM 5. Rescind and reserve subrule 22.1(4).

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ITEM 6. Amend subrule 22.2(2) as follows:

22.2(2) Public notice and participation. A notice of intent to issue a conditional or

construction permit to a major stationary source shall be published by the department in a 

newspaper having general circulation in the area affected by the emissions of the proposed 

source. The notice and supporting documentation shall be made available for public 

inspection upon request from the department’s central office. Publication of the notice 

shall be made at least 30 days prior to issuing a permit and shall include the department’s 

evaluation of ambient air impacts. The public may submit written comments or request a 

public hearing. If the response indicates significant interest, a public hearing may be held 

after due notice.

ITEM 7. Amend subrule 22.2(3) as follows:

22.2(3) Final notice. The department shall notify the applicant in writing of the 

issuance or denial of a construction or conditional permit as soon as practicable and at least 

within 120 days of receipt of the completed application. This shall not apply to applicants 

for electric generating facilities subject to Iowa Code chapter 476A.

ITEM 8. Amend subrule 22.3(1), introductory paragraph, as follows:

22.3(1) Stationary sources other than anaerobic lagoons. In no case shall a 

construction permit or conditional permit which results in an increase in emissions be 

issued to any facility which is in violation of any condition found in a permit involving 

PSD, NSPS, NESHAP or a provision of the Iowa state implementation plan. If the facility 

is in compliance with a schedule for correcting the violation and that schedule is contained 

in an order or permit condition, the department may consider issuance of a construction 

permit or conditional permit. A construction or conditional permit shall be issued when the 

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director concludes that the preceding requirement has been met and:

ITEM 9. Rescind and reserve paragraph 22.3(3)“d.”

ITEM 10. Amend paragraph 22.3(3)“g” as follows:

g. The issuance of a permit or conditional permit (approval to construct) shall 

not relieve any owner or operator of the responsibility to comply fully with applicable 

provisions of the state implementation plan and any other requirement under local, state or 

federal law.

ITEM 11. Amend paragraph 22.3(4)“a” as follows:

a. When an application for a construction or conditional permit is denied, the 

applicant shall be notified in writing of the reasons therefor. A denial shall be without 

prejudice to the right of the applicant to file a further application after revisions are made to 

meet the objections specified as reasons for the denial.

ITEM 12. Amend rule 567—22.100(455B), definition of “Designated 

representative,” as follows:

“Designated representative” means a responsible natural person authorized by the 

owner(s) or operator(s) of an affected source and of all affected units at the source, as 

evidenced by a certificate of representation submitted in accordance with Subpart B of 40 

CFR Part 72 as amended to October 24, 1997, to represent and legally bind each owner and 

operator, as a matter of federal law, in matters pertaining to the acid rain program. 

Whenever the term “responsible official” is used in rules 567—22.100(455B) to 

567—22.208(455B) 567—Chapter 22, it shall be deemed to refer to the designated 

representative with regard to all matters under the acid rain program.

ITEM 13. Rescind and reserve rules 567—22.200(455B) to 567—22.209(455B).

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ITEM 14. Amend rule 567—22.300(455B), introductory paragraph, as follows:

567—22.300(455B) Operating permit by rule for small sources. Except as provided in 

567—subrules 22.201(2) and subrule 22.300(11), any source which otherwise would be 

required to obtain a Title V operating permit may instead register for an operation permit 

by rule for small sources. Sources which comply with the requirements contained in this 

rule will be deemed to have an operating permit by rule for small sources. Sources which 

comply with this rule will be considered to have federally enforceable limits so that their 

potential emissions are less than the major source thresholds for regulated air pollutants 

and hazardous air pollutants as defined in rule 567—22.100(455B).

ITEM 15. Amend paragraph 22.300(2)“c” as follows:

c. Nothing in this rule shall prevent any stationary source which has had a 

Title V operating permit or a voluntary operating permit from qualifying to comply with 

this rule in the future in lieu of maintaining an application for a Title V operating permit or 

a voluntary operating permit or upon rescission of a Title V operating permit or a voluntary 

operating permit if the owner or operator demonstrates that the stationary source is in 

compliance with the emissions limitations in subrule 22.300(6).

ITEM 16. Amend paragraph 22.300(8)“a,” introductory paragraph, as follows:

a. Duty to apply. Any person who owns or operates a source otherwise 

required to obtain a Title V operating permit and which would be eligible for an operating 

permit by rule for small sources must either register for an operating permit by rule for 

small sources, apply for a voluntary operating permit, or apply for a Title V operating 

permit. Any source determined not to be eligible for an operating permit by rule for small 

sources, and operating without a valid Title V or a valid voluntary operating permit, shall 

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be subject to enforcement action for operation without a Title V operating permit, except as 

provided for in the application shield provisions contained in rules rule

567—22.104(455B) and 567—22.202(455B). For each source registering for an operating 

permit by rule for small sources, the owner or operator or designated representative, where 

applicable, shall present or mail to the Air Quality Bureau, Iowa Department of Natural 

Resources, 7900 Hickman Road, Suite 1, Windsor Heights, Iowa 50324, one original and 

one copy of a timely and complete registration form in accordance with this rule.

ITEM 17. Amend paragraph 22.300(9)“a” as follows:

a. If the issuance of a construction permit acts to make the source no longer 

eligible for an operating permit by rule for small sources, the source shall, within 12 

months of issuance of the construction permit, submit an application for either a Title V 

operating permit or a voluntary operating permit.

ITEM 18. Rescind and reserve paragraphs 23.1(2)“g,” “h,” “m,” “n,” “o” and 

“p.”

ITEM 19. Rescind and reserve paragraphs 23.1(3)“b,” “c,” “h” and “j.”

ITEM 20. Rescind and reserve paragraphs 23.1(4)“j,” “p,” “x,” “ac,” “ai,” “al,”

“bc,” “bq,”

“bt,” “dr” and “dt.”

ITEM 21. Amend rule 567—25.3(455B), introductory paragraph, as follows:

567—25.3(455B) Mercury emissions testing and monitoring. Any stationary, coal-fired 

boiler or stationary, coal-fired combustion turbine serving, at any time since the later of 

November 15, 1990, or the start-up of the unit’s combustion chamber, a generator with a 

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nameplate capacity of more than 25 megawatt electrical (MWe) producing electricity for 

sale is an affected source under the provisions of this rule.

The provisions of this rule expire on April 16, 2015, except for any affected facility 

that receives an extension to comply with the emission standards for hazardous air 

pollutants: coal- and oil-fired electric utility steam generating units (EGUs) (40 CFR Part 

63, Subpart UUUUU, commonly known as mercury air toxics standards (MATS)). Any 

facility receiving an extension of the MATS compliance date shall continue to comply with 

the provisions of this rule until the date the facility is required to comply with MATS or 

alternatively is no longer subject to the MATS compliance requirements. However, 

facilities complying with the requirements of this rule as specified in subrule 25.3(3), 

continuous emissions monitoring systems (CEMS), may submit a written request to the 

department to discontinue concurrent, annual stack tests. The department will evaluate and 

grant requests on a case-by-case basis, based upon previous stack test results and how 

recent the last stack test occurred or other extenuating circumstances, such as those that 

may cause testing conditions to be unrepresentative of normal operations or cause tests to 

be unsafe to perform. If the department grants a request, the facility will be required to 

continue operating CEMS and conduct relative accuracy test audits (RATAs), as specified 

in subrule 25.3(3), until the facility is required to comply with MATS or, alternatively, is 

no longer subject to MATS compliance requirements.

ITEM 22. Amend paragraph 31.20(1)“m” as follows:

m. “Enforceable permit condition” for the purpose of this rule means any of 

the following limitations and conditions: requirements developed pursuant to new source 

performance standards, prevention of significant deterioration standards, emission 

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standards for hazardous air pollutants, requirements within the state implementation plan, 

and any permit requirements established pursuant to this rule, or under conditional,

construction or Title V operating permit rules.

ITEM 23. Amend subrule 33.3(1), definitions of “Enforceable permit condition” 

and “Volatile organic compounds,” as follows:

“Enforceable permit condition,” for the purpose of this chapter, means any of the 

following limitations and conditions: requirements developed pursuant to new source 

performance standards, prevention of significant deterioration standards, emissions 

standards for hazardous air pollutants, requirements within the SIP, and any permit 

requirements established pursuant to this chapter, any permit requirements established 

pursuant to 40 CFR 52.21 or Part 51, Subpart I, as amended through October 20, 2010, or 

under conditional, construction or Title V operating permit rules.

“Volatile organic compounds” or “VOC” means any compound included in the 

definition of “volatile organic compounds” found at 40 CFR 51.100(s) as amended 

through January 21, 2009 March 27, 2014.

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