MEMORANDUM 

SUBJECT: 

FROM: 

THRU: 

TO: 

Technical Support Document (TSD) for Approval of Revisions to the Iowa 

State Implementation Plan - 2013, 2012, 2010 and 2008 Updates to the Linn County 

Air Quality Ordinance (Chapter 10) 

Amy Algo~-E in, Section~hie ommunity Partnerships Section & Interim Iowa State 

Manager c;4{ _ _ 

Michael Jay, Sectio Chief, 'Atmospheric Programs Section 

EPA-RO?-OAR-2014-0300 

The Iowa Department ofNatural Resources (IDNR) requested that EPA approve amendments to its 

State Implementation Plan (SIP) for the Linn County Air Quality Ordinance. The revisions include 

changes made in 2008, 2009, 2011, 2012 and 2013. After the public notice and public meetings were 

held with no oral or written comments, the revisions were approved by the Linn County Board of 

Supervisors. After each update to the Linn County Air Quality Ordinance, the state requested the SIP be 

revised. 

Due to the multiple years included in this action, it is appropriate to acknowledge that many changes 

were being made to the Federal rules as Linn County revised their Air Quality Ordinance. In an effort to 

reflect the current state of the Linn County Air Quality Ordinance, IDNR sent a letter to EPA on 

August 15, 2014, requesting that only the revisions set forth in their attached correspondence (included 

in the Docket to this rulemaking) be acted upon. The revisions are dated for the year approved by Linn 

County. Items, not included in the August 2014 IDNR correspondence, require no action by EPA. 

Therefore, EPA is taking action on the 2008, 2009, 2010, 2012 and 2013 revisions to the Linn county 

Air Quality Ordinance and is approving those revisions to the extent they are contained in the 2013 

version of the Linn County Air Quality Ordinance. 

Consistent with previous Linn County SIP actions, the following is a list of provisions in the Linn 

County Air Quality Ordinance that have, historically, not been approved into the SIP. The items listed 

below are not being addressed in this rulemaking: 

A) 1 0.2 Definition of Biomass 

10.2 Definition ofFederally Enforceable 

10.2 Definition of Maximum Achievable Control Technology (MACT); definition 

of MACT Floor 

B) 10.4(1) Title V Permits 

Printed on Recycled Paper 
G) 1 0.9(2) NSPS 

H) 10.9(3) Emission Standards for HAPs 

I) 10.9(4) Emission Standards for HAPs Source Categories 

J) 10.10(4) Variance from rules 

J) 10.11 Emission of objectionable odors 

K) 1 0.15 Variances 

L) 10.24 Penalty 

The following revisions in this rule action are as stringent as the Federally-approved IDNR SIP. 

Item 1: IDNR requested 10.1 be rescinded in its entirety and replaced with the following to reflect 

the most recent Iowa Administrative Code (lAC) references. These references have been updated through 2013: 

10.1 Purpose and Ambient Air Quality Standards 

It is the public policy of the Linn County Board of Health, and the Linn County Board of Supervisors, 

that the purpose of this ordinance is to achieve and maintain such levels of air quality as will protect 

human health and safety, and to the greatest degree practicable, prevent injury to plant and animal life 

and property, foster the comfort and convenience of the people, promote social development of Linn 

County, foster economic development, and facilitate the enjoyment of the natural attractions of Linn 

County, Iowa. 

The Department has jurisdiction over the atmosphere of the county to prevent, abate and control air 

pollution, by establishing standards for air quality and by regulating potential sources of air pollution 

through a system of general rules or specific permits. 

The Linn County ambient air quality standards shall be the National Primary and Secondary Ambient 

Air Quality Standards as published in 40 Code of Federal Regulations Part 50 (1972) and as amended at 

38 Federal Register 22384 (September 14, 1973), 43 Federal Register46258 (October 5, 1978), 44 

Federal Register 8202, 8220 (February 9, 1979), 52 Federal Register 24634-24669 (July 1, 1987), 62 

Federal Register 38651-38760,38855-38896 (July 18, 1997), 71 Federal Register 61144-61233 

(October 17, 2006), 73 Federal Register 16436-16514 (March 27, 2008), 73 Federal Register 66964-

67062 (November 12, 2008), and 75 Federal Register 6474-6537 (February 9, 2010), as adopted by 

reference by the DNR at 567 lAC 28.1. However, pursuant to the provision of 567 lAC 28.1, the annual 

PM10 standard specified in 40 CFR 50.6(b) shall continue to be applied for purposes of implementation 

of new source permitting provisions in LCCO 1 0.5. Linn County shall implement these rules in a time 

frame and schedule consistent with implementation schedules in federal laws, regulations and guidance 

documents, and Iowa statutes and rules. 

2 
All references to 567 lAC Chapter 33 are amended through September 12, 2012. 

All references to 567 lAC Chapter 34 are amended through November 11, 2009. [2013] 

Item 2: IDNR requested the delmitions be revised. The date of the revision/addition/deletion is 

indicated at the end of each definition. 

10.2 Definitions 

"Air pollution control officer" means the Air Pollution Control Officer of Linn County Public Health or 

an authorized representative. [2008] 

"Air pollution forecast" means an air stagnation advisory issued to the Department by an authorized 

office of the U.S. Environmental Protection Agency or Iowa Department ofNatural Resources that 

meteorological conditions conducive to an air pollution episode may be imminent. This advisory may be 

followed by a prediction of the duration and termination of such meteorological conditions. [2008] 

"Air Quality Divisioa" or "Air Pollutioa Coatrol Ageaey" meaRs the Air Quality Divisioa of the Linn 

Couaty Public Health Departmeat. [2008] 

"Air quality standard" means an allowable level of air contaminant or atmospheric air concentration 

established by the Commission. [2008] 

"ASME" means the American Society of Mechanical Engineers. [2008] 

"ASTM" means the American Society for Testing and Materials. [2008] 

"Attainment area" means any area of the country designated or redesignated by the EPA at 40 CFR 

Part 81 in accordance with section 1 07( d) as having attained the relevant NAAQS for a given criteria 

pollutant. An area can be an attainment area for some pollutants and a nonattainment area for other 

pollutants. [2008] 

"Biodiesel fuel" means a renewable, biodegradable, mono alkyl ester combustible liquid fuel derived 

from agricultural plant oils or animal fat such as, but not limited to, soybean oil. For purposes of this 

definition, "biodiesel fuel" must also meet the specifications of American Society for Testing and 

Material Specifications (ASTM) D 67 51-02, "Standard Specification for Biodiesel Fuel (B 1 00) Blend 

Stock for Distillate Fuels," and be registered with the U.S. Environmental Protection Agency as a fuel 

and a fuel additive under Section 211(b) of the Clean Air Act, 42 U.S.C. Sections 7401, et seq. as 

amended through November 15, 1990. [2008] 

"Btu" means British thermal unit, the quantity of heat required to raise the temperature of one pound of 

water from 59°F to 60°F. [2008] 

3 
This definition does not include grain terminal elevators or grain storage elevators, as defined in 

§10.9(2)"a"(67).shall have the same definition as "country grain elevator" set forth in 567 lAC 22.10(1). 

[2008] 

"Criteria" means information used as guidelines for decisions when establishing air quality goals, air 

quality standards and the various air quality levels, and which in no case is to be confused or used 

interchangeably with air quality goals or standards. [2008] 

"Department" means the Air Quality Division of Linn County Public Health. [2008] 

"Diesel fuel" means a low sulfur oil that complies with the specifications for grade 1-D or 2-D, as 

defined by the American Society of Testing and Materials (ASTM) D 975-02, "Standard Specification 

for Diesel Fuel Oils," grade 1-GT or 2-GT, as defined by ASTM D 2880-00, "Standard Specification for 

Gas Turbine Fuel Oils," or grade 1 or 2, as defined by ASTM D 396-02, "Standard Specification for 

Fuel Oils." 

1. For purposes of the air quality rules contained in Title II, and unless otherwise specified, diesel 

fuel may contain a blend of up to 2.0 percent biodiesel fuel, by volume, as "biodiesel fuel" is 

defined in this rule. 

2. The Department shall consider air pollutant emission calculations for the biodiesel fuel blends 

specified in numbered paragraph "1" to be equivalent to the air pollutant emissions calculations 

for unblended diesel fuel. 

3. Construction permits issued under LCCO §10.5 or Title V operating permits issued under 567 

lAC Chapter 22 which restrict equipment fuel use to diesel fuel shall be considered by the 

Department to include biodiesel fuel blends specified in numbered paragraph "1," unless 

otherwise specified in LCCO § 10.5 or in a permit issued under LCCO 10.5 or 567 lAC Chapter 

22. [2008] 

"DNR" means the Iowa Department of Natural Resources. [2008] 

"Electric furnace" means a furnace in which the melting and refining of metals are accomplished by 

means of electrical energy. [2008] 

"Emission Unit" means any part or activity of a stationary source that emits or has the potential to emit 

any regulated air pollutant or any pollutant listed under Section 112(b) of the Act. This term is not meant 

to alter or affect the definition of the term "unit" for purposes of Title IV of the Act or any related 

regulations. [2008] 

"EPA conditional method" means any method of sampling and analyzing for air pollutants that has been 

validated by the administrator but that has not been published as an EPA reference method. [2008] 

"EPA reference method" means the following methods used for performance tests and continuous 

monitoring systems: 

4 
procedures for performance evaluations of continuous monitoring systems are as specified in 40 CFR 

60, Appendix B (as amended through September 9, 2010); 40 CFR 60, Appendix F (as amended through 

September 9, 2010); 40 CFR 75, Appendix A (as amended through March 28, 2011); 40 CFR 75, 

Appendix B (as amended through March 28, 2011); and 40 CFR 75, Appendix F (as amended through 

March 28, 2011). [2013] 

"Equipment" means equipment capable of emitting air contaminants to produce air pollution such as 

fuel burning, combustion or process devices or apparatus including but not limited to fuel-burning 

equipment, refuse burning equipment used for the burning of fuel or other combustible material from 

which the products of combustion are emitted; and including but not limited to apparatus, equipment or 

process devices which generate heat and may emit products of combustion, and manufacturing, 

chemical, metallurgical or mechanical apparatus or process devices which may emit smoke, particulate 

matter or other air contaminants. [2008] 

"Excess air" means that amount of air supplied in addition to the theoretical quantity necessary for 

complete combustion of all fuel or combustible waste material present. [2008] 

"Excess emission" means any emission which exceeds either the applicable emission standard 

prescribed in § 10.9 or § 1 0.14, or any emission limit specified in a permit or order. [2008] 

"Foundry cupola" means a stack-type furnace used for melting of metals consisting of, but not limited 

to, the furnace proper, tuyeres, fans or blowers, tapping spout, charging equipment, gas cleaning devices 

and other auxiliaries. [2008] 

"Gas cleaning device" means a facility designed to remove air contaminants from gases exhausted from 

equipment as defined herein. [2008] 

"Goal" means a level of air quality which is expected to be obtained. [2008] 

"Heating value" means the heat released by combustion of one pound of waste or fuel measured in Btu 

on an as received basis. For solid fuels, the heating value shall be determined by use of ASTM Standard 

D2015-66. [2008] 

"lAC" means Iowa Administrative Code. [2008] 

"Initiation of construction, installation or alteration" means significant permanent modification of a site 

to install equipment, control equipment or permanent structures. Not included are activities incident to 

preliminary engineering, environmental studies, or acquisition of a site for a facility. [2008] 

"Level" means a certain specified degree, quality or characteristic. [2008] 

5 
• Portland cement plants; 

• Primary zinc smelters; 

• Iron and steel mill plants; . 

• Primary aluminum ore reduction plants; • Primary copper smelters; • Municipal incinerators capable of charging more than 250 tons of refuse per day; 

• Hydrofluoric, sulfuric, and nitric acid plants; 

• Petroleum refineries; • Lime plants; 

• Phosphate rock processing plants; • Coke oven batteries; 

• Sulfur recovery plants; 

• Carbon black plants (furnace process); 

• Primary lead smelters; 

• Fuel conversion plants; • Sintering plants; • Secondary metal production plants; 

• Chemical process plants (which does not include ethanol production facilities that produce ethanol by 

natura/fermentation included in NAICS code 325193 or 312140); 

• Fossil-fuel boilers (or combinations thereof) totaling more than 250 million British thermal units per 

hour heat input; 

• Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; 

• Taconite ore processing plants; • Glass fiber processing plants; and 

• Charcoal production plants. 

(b) Notwithstanding the stationary source size specified in paragraph "1 "(a), any stationary source 

which emits, or has the potential to emit, 250 tons per year or more of a regulated NSR pollutant; or 

(c) Any physical change that would occur at a stationary source not otherwise qualifying under this 

definition as a major stationary source if the change would constitute a major stationary source by itself. 

2. A major source that is major for volatile organic compounds or NOx shall be considered major for 

ozone. 

3. The fugitive emissions of a stationary source shall not be included in determining for any of the 

purposes of this rule whether it is a major stationary source, unless the source belongs to one of the 

categories of stationary sources listed in paragraph "1 "(a) of this definition or to any other stationary 

source category which, as of August 7, 1980, is being regulated under Section Ill or 112 of the Act. 

[2008] 

*NOTE: Consistent with EPA's March 14, 2014 approval action for Iowa's 567-33.3 Special 

construction permit requirement for major stationary sources in areas designated attainment or 

unclassified (PSD), as adopted on 9/12/12, EPA is not approving the italicized portion of the Linn 

County delmition of "Chemical Process Plants" into the Iowa SIP. 

6 
"Number 1 fuel oil" and "number 2 fuel oil," also known as "distillate oil," mean any fuel oil that 

complies with the specifications for fuel oil number 1 or fuel oil number 2, as defined by the American 

Society of Testing and Materials (ASTM) D 396-02, "Standard Specification for Fuel Oils." 

1. For purposes of the air quality rules contained in Chapter 10 of the Linn County Code of Ordinances 

and unless otherwise specified, number 1 fuel oil or number 2 fuel oil may contain a blend of up to 2.0 

percent biodiesel fuel, by volume, as "biodiesel fuel" is defined in this rule. 

2. The Department shall consider air pollutant emission calculations for the biodiesel fuel blends 

specified in numbered paragraph "1" to be equivalent to the air pollutant emission calculations for 

unblended number 1 fuel oil or unblended number 2 fuel oil. 

3. Construction permits issued under § 10.5 or Title V operating permit issued under 567 lAC Chapter 

22, which restrict equipment fuel use to number 1 fuel oil or number 2 fuel oil shall be considered by the 

Department to include the biodiesel fuel blends specified in numbered paragraph "1," unless otherwise 

specified in LCCO § 10.5 or in a permit issued under LCCO 10.5 or 567 lAC Chapter 22. [2008] 

"Objective" means a certain specified degree, quality or characteristic expected to be attained. [2008] 

"Plan documents" means the reports, proposals, preliminary plans, survey and basis of design data, 

general and detail construction plans, profiles, specifications and all other information pertaining to 

equipment. [2008] 

"PMw" means particulate matter within an aerodynamic diameter less than or equal to a nominal ten 

micrometers as measured by an EPA-approved reference method. [2013] 

"PM2.s" means particulate matter as defined in this rule with an aerodynamic diameter less than or equal 

to a nominal 2.5 micrometers as measured by an EPA-approved reference method. [2013] 

"Potential to emit" means the maximum capacity of a stationary source to emit a pollutant under its 

physical and operational design. Any physical or operational limitation on the capacity of the source to 

emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on 

the type or amount of material com busted, stored, or processed, shall be treated as part of its design if 

the limitation is enforceable by the Administrator. This term does not alter or affect the use of this term 

for any other purposes under the Act, or the term "capacity factor" as used in Title IV of the Act or the 

regulations relating to acid rain. 

For the purpose of determining potential to emit for country grain elevators, the provisions set 

forth in 567 lAC 22.1 0(2), shall apply. 

For purposes of calculating potential to emit for emergency generators, "maximum capacity" 

means one of the following: 

7 
"Prevention of Significant Deterioration (PSD)" means a permit program for new and modified sources 

issued by the Director pursuant to 567 lAC Chapter 33. [2008] 

"Privileged communication" means information other than air pollutant emissions data the release of 

which would tend to affect adversely the competitive position of the owner or operator of the equipment. 

[2008] 

"Process" means any action, operator or treatment, and all methods and forms of manufacturing or 

processing that emit smoke, particulate matter, gaseous matter or other air contaminant. [2008] 

"Process weight rate" means a rate established as follows: 

1. For continuous or long-run steady-state process, the total process weight for the entire period of 

continuous operation or for a typical portion thereof, divided by the number of hours of each period or 

portion thereof. 

2. For cyclical or batch process, the total process weight for a period that covers a complete operation or 

an integral number of cycles, divided by the hours of actual process operation during such a period. 

3. Where the nature of any process or operation or the design of any equipment is such as to permit more 

than one interpretation of this definition, the interpretation that results in the minimum value for 

allowable emissions shall apply. [2008] 

"Regulated NSR pollutant" means the following: 

(i) Any pollutant for which a national ambient air quality standard has been promulgated and 

any constituents or precursors for such pollutants identified by the Administrator (e.g., 

volatile organic compounds and NOX are precursors for ozone);* 

(ii) Any pollutant that is subject to any standard promulgated under section Ill of the Act; 

(iii) Any Class I or II substance subject to a standard promulgated under or established by title 

VI of the Act; or 

(iv) Any pollutant that otherwise is subject to regulation under the Act; except that any or all 

hazardous air pollutants either listed in section 112 of the Act or added to the list pursuant to 

section 112(b)(2) ofthe Act, which have not been delisted pursuant to section 112(b)(3) of 

the Act, are not regulated NSR pollutants unless the listed hazardous air pollutant is also 

regulated as a constituent or precursor of a general pollutant listed under section 108 of the 

Act as defined in 567 lAC 33.3(1), definition of"subject to regulation." 

8 
* NOTE: The Administrator has identified precursors for PM2.s and ozone in 40 CFR §§ 

52.2l(b)(50)(i)(a)-(d). 

"Responsible Official" mearts one of the following: 

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

principal business function or any other person who performs similar policy or decision-making 

functions for the corporation or duly authorized representative of such person if the representative is 

responsible for the overall operation of one or more manufacturing production or operating facilities 

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

gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or the 

delegation of authority to such representative is approved in advanced by the permitting authority. 

2. For a partnership or sole proprietorship: a general partner or the proprietor respectively. 

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

ranking elected official. For the purposes of this chapter, a principal executive office of a federal agency 

includes the Chief Executive Officer having responsibility for the overall operations of a principal 

geographic unit ofthe agency (e.g., a regional Administrator ofthe EPA). 

4. For Title IV affected facilities: the designated representative insofar as actions, standards, 

requirements or prohibitions under Title IV of the Act or the regulations promulgated thereunder are 

concerned; and the designated representative for any other purposes under this chapter or the Act. [2008] 

"Salvage operations" means any business, industry or trade engaged wholly or in part in salvaging or 

reclaiming any product or material, including, but not limited to, chemicals, drums, metals, motor 

vehicles or shipping containers. [2008] 

"Significant" means in reference to a net emissions increase or the potential of a source to emit any of 

the following pollutants, at a rate of emissions that would equal or exceed any of the following rates: 

Pollutant and Emissions Rate 

Carbon monoxide: 100 tons per year (tpy) 

Nitrogen oxides: 40 tpy 

Sulfur dioxide: 40 tpy 

Particulate matter: 25 tpy 

Ozone: 40 tpy of volatile organic compounds 

Lead: 0.6 tpy 

PM-10: 15 tpy 

Asbestos 0.007 tpy 

Beryllium 0.0004 tpy 

9 
Municipal waste combustor organics 3.5 x 10-6 tpy 

Municipal waste combustor metals 15 tpy 

Municipal waste combustor acid gases 40 tpy [2008] 

"Significant" means in reference to a net emissions increase or the potential of a source to emit any of 

the following pollutants, at a rate of emissions that would equal or exceed any of the following rates: 

*Pollutant and Emissions Rate 

Carbon monoxide: 100 tons per year (tpy) 

Nitrogen oxides: 40 tpy 

Sulfur dioxide: 40 tpy 

Particulate matter: 25 tpy 

PMIO: 15 tpy 

Ozone: 40 tpy of volatile organic compounds or NOx 

Lead: 0.6 tpy 

Fluorides: 3 tpy 

Sulfuric acid mist: 7 tpy 

Hydrogen sulfide (H2S): 10 tpy 

Total reduced sulfur (including H2S): 10 tpy 

Reduced sulfur compounds (including H2S): 10 tpy 

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

Municipal waste combustor metals (measured as particulate matter): 14 megagrams per year (15 

tons per year) 

Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen chloride): 36 

mega grams per year ( 40 tons per year) 

Municipal solid waste landfill emissions (measured as nonmethane organic compounds): 45 

megagrams per year (50 tons per year) [2009] 

*Note: the following were removed from the definition in 2009: 

Asbestos: 0.007 tpy 

Beryllium: 0.0004 tpy Mercury: 0.1 tpy 

Vinyl chloride 1 tpy 

These were originally subject to PSD, but exempted under the 1990 CAA amendments (see 67 FR 

80274). 

**NOTE: By email to EPA dated September 18,2014, IDNR requested EPA to not take action on 

the inclusion of PM2.s in the defmition of "Significant" in Linn County Ordinance 10.2. In 

accordance with this request, PM2.s is omitted from the defmition of "Significant" in this action. 

10 
"Standard metropolitan statistical area (SMSA)" means an area that has at least one city with a 

population of at least 50,000 and such surrounding areas as geographically defined by the U.S. Bureau 

of the Budget (Department of Commerce). [2008] 

"Startup" means the setting into operation of any control equipment or process equipment or processes 

for any purpose. [2008] * 

*NOTE: The dermition for "Startup" differs from 567 lAC 20.2, in that it applies to startup of 

"processes" (plural) instead of startup of a "process". Linn County will be correcting this 

typographical error in its next revision. 

"State Implementation Plan (SIP)" means the plan adopted by the State of Iowa and approved by the 

Administrator which provides for implementation, maintenance, and enforcement of such primary and 

secondary ambient air quality standards as are adopted by the Administrator, pursuant to the Act. [2008] 

"Theoretical air" means the exact amount of air required to supply the required oxygen for complete 

combustion of a given quantity of a specific fuel or waste. [2008] 

"Total suspended particulate" means particulate matter as defined in this rule. [2013] 

"12-month rolling period" means a period of 12 consecutive months determined on a rolling basis with a 

new 12-month period beginning on the first day of each calendar month. [2008] 

"Untreated" as it refers to wood or wood products includes only wood or wood products that have not 

been treated with compounds such as, but not limited to, paint, pigment-stain, adhesive, varnish, lacquer, 

or resin or that have not been pressure treated with compounds such as, but not limited to, chromate 

copper, acetate, pentachlorophenol or creosote. "Untreated" as it refers to seeds, pellets or other 

vegetative matter that includes only wood or wood products that have not been treated with pesticides or 

fungicides. [2008] 

"Urban area" means any Iowa city of 100,000 or more population in the current census and all Iowa 

cities contiguous to such city. [2008] 

"Volatile organic compound" 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. [2011] 

ll 
facilities must be obtained prior to the initiation of construction, installation or alteration of any portion 

of the stationary source. Thereafter, a permit for modifications and additions to the existing sources and 

new equipment must be obtained before any on-site construction takes place. [2008] 

Item 4: Adopt numbered paragraphs 13-14 in 10.5(2) (a) 

13) Any additional information deemed necessary by the Department to determine compliance 

with or applicability of rules for Prevention of Significant Deterioration. 

14) A signed statement that ensures the applicant's legal entitlement to install and operate 

equipment covered by the permit application on the property identified in the permit application. A 

signed statement shall not be required for rock crushers, portable concrete or asphalt equipment used in 

conjunction with specific identified construction projects which are intended to be located at a site only 

for the duration of the specific, identified construction project. [2008] 

Item 5: Adopt 10.5(2) (b) first paragraph as indicated 

b. Public Notice Requirements 

Before an Authorization to Install is issued for a proposed new major stationary source or authorization 

is issued for a significant modification to an existing major source as defined in § 10.2 and 567 lAC 

Chapter 33, a notice of intent 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. Publication of the notice 

shall be made at least thirty (30) days prior to issuing a permit. 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. [2008] 

Item 6: Adopt 10.5(2) (d) as indicated 

d. Issuance of Permit 

In no case shall an Authorization to Install permit that 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 an Authorization to Install permit. An Authorization To Install permit shall be 

issued when the Air Pollution Control Officer concludes that the preceding requirement has been met 

and: 

1) That the required plans and specifications represent equipment which reasonably can be 

expected to comply with all applicable emission standards, and 

2) That the expected emissions from the proposed source or modification, in conjunction with 

all other emissions, will not prevent the attainment or maintenance of the ambient air quality 

standards specified in Section 10.1, and 

12 
A permit to operate shall be valid for a period of one year after it is issued. Thereafter each permit shall 

be renewed on a yearly basis pursuant to § 1 0.6(2). 

d. Posting of Permit to Operate 

A person who has been granted a Permit To Operate any article, machine, equipment, or other 

contrivance described in §10.5(3) shall firmly affix an approved identification bearing the emission 

point number upon the article, machine, equipment, stack or other contrivance in a clearly visible and 

accessible manner. In the event that the article, machine, equipment, or other contrivance is so 

constructed or operated that such identification cannot be so placed, the emission point number shall be 

identified in a current site plan and/or process flow drawing to be maintained at the facility. This shall 

be available at all times to Department personnel. 

A person shall not willfully deface, alter, forge, counterfeit, falsify, or falsely display any identification 

bearing the emission point number on any article, machine, equipment or other contrivance. [2008] 

Item 8: Adopt 10.5(6) as indicated 

6. Transfer of Permits. An Authorization to Install permit or a Permit to Operate shall be nontransferable: 

a. From one location to another unless the equipment is portable.e ); 

b. From one piece of equipment to another unless the equipment is portable.e ); 

c. From one person to another. 

e) When portable equipment for which a permit has been issued is to be transferred from one location to 

another, the department shall be notified in writing at least 7 days prior to the transfer of the portable 

equipment to the new location. Written notification shall be submitted to the department through one of 

the following methods: electronic mail (e-mail), mail delivery service (including U.S. Mail), hand 

delivery, facsimile (fax), or by electronic format specified by the department (at such time as an 

Internet-based submittal system or other, similar electronic submittal system becomes available. 

However, if the owner or operator is relocating the portable equipment to an area currently classified as 

nonattainment for ambient air quality standards or to an area under a maintenance plan for ambient air 

quality standards, the owner or operator shall notify the department at least 14 days prior to transferring 

the portable equipment to the new location. A list of nonattainment and maintenance areas may be 

obtained from the department, upon request, or on the department's Internet Web site. The owner or 

operator will be notified by the department at least 10 days prior to the scheduled relocation if said 

relocation will prevent the attainment or maintenance of ambient air quality standards and thus require a 

more stringent emission standard and the installation of additional control equipment. In such a case, the 

owner or operator shall obtain a supplemental permit shall be obtained prior to the initiation of 

construction, installation, or alteration of such additional control equipment. [2013] 

13 
categories (40 CFR Part 63 NESHAP), (567 lAC 23.1(4), (§ 10.9(4) are applicable)). [2011] 

a. Fuel-burning equipment for indirect heating and re-heating furnaces or cooling units using 

natural or liquefied petroleum gas exclusively, with a capacity ofless than 10 million BTU per 

hour input per combustion unit. 

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

BTU per hour input when burning coal, fuel oil grade # 1 and #2, This exemption does not apply 

to equipment burning waste oil. [2009] 

c. Mobile internal combustion and jet engines, marine vessels, and locomotives. 

d. Equipment used for cultivating land, harvesting crops, or raising livestock other than anaerobic 

lagoons. This exemption is not applicable if the equipment is used to remove substances from 

grain which were applied to the grain by another person. This exemption also is not applicable 

to equipment used by a person to manufacture commercial feed, as defined in Iowa Code section 

198.3, when that feed is normally not fed to livestock owned by that person or another person, in 

a feedlot, as defined in Iowa Code section 172D.1, subsection 6, or a confinement building 

owned or operated by that person and located in this state. [2008] 

e. Direct-fired residential heaters, cook stoves, or fireplaces, which bum untreated wood, untreated 

seeds or pellets, or other untreated vegetative materials. [2009] 

f. Laboratory equipment used exclusively for non-production chemical and physical analyses. 

Non-production analyses means analyses incidental to the production of a good or service and 

includes analyses conducted for quality assurance or quality control activities, or for the 

assessment of environmental impact. 

g. Recreational fireplaces. 

h. Barbecue pits and cookers except at a meat packing plant or a prepared meat manufacturing 

facility. 

1. Storage tanks with a capacity of 19,812 gallons or less and an annual throughput ofless than 

200,000 gallons. 

j. Stacks or vents to prevent escape of sewer gases through plumbing traps. Systems which include 

any industrial waste are not exempt. 

14 
department a completed registration, on forms provided by the department, certifying that the 

GDF is in compliance with the following federal regulations: 

1. National emission standards for hazardous air pollutants (NESHAP) for gasoline dispensing 

facilities (40 CFR Part 63, Subpart CCCCCC). 

The owner or operator of an existing, or prior to installing, modifying or reconstructing a GDF 

which has a monthly throughput > 100,000 gallons of gasoline, must apply for a locally required 

permit pursuant to § 1 0.5. [2011] 

1. A non-production surface coating process that uses only hand-held aerosol spray cans. 

m. Brazing, soldering, or welding equipment or portable cutting torches used only for nonproduction activities. 

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

15, 1994, as amended in 567 lAC 22.1(2)"k".* 

*NOTE: EPA notes that the date that 40 CFR § 61.145 was amended is January. 16, 1991. EPA 

also notes that the Linn County Air Quality Ordinance references the correct amendment date 

elsewhere in the Ordinance, and Linn County will be correcting this typographical error in its 

next revision to the Ordinance. 

o. A stationary internal combustion engine with a brake horsepower rating ofless than 400 

measured at the shaft, provided that the owner or operator meets all of the conditions in this 

paragraph. For the purposes of this exemption, the manufacturer's nameplate rated capacity at 

full load shall be defined as the brake horsepower output at the shaft. The owner or operator of 

an engine that is subject to applicable new source performance standards (NSPS) and/or national 

emission standards for hazardous air pollutants (NESHAP) based on the date the engine was 

manufactured, ordered, modified or reconstructed may not use this exemption in accordance with 

§ 1 0.5(9). The owner or operator, prior to installing, modifying or reconstructing the engine, must 

submit to the department a completed registration, on forms provided by the department, 

certifying that the engine is in compliance with the following federal regulations: 

1. New source performance standards (NSPS) for stationary compression ignition internal 

combustion engines (40 CFR 60, Subpart 1111); or 

2. New source performance standards (NSPS) for stationary spark ignition internal combustion 

engines (40 CFR Part 60, Subpart JJJJ); and 

15 
p. Cooling and ventilating equipment: Comfort air conditioning not designed or used to remove air 

contaminants generated by, or released from, specific units of equipment. 

q. Equipment that is not related to the production of goods or services and used exclusively for 

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

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

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

with a capacity ofless than one million Btu per hour fuel capacity. This exemption does not 

apply to incinerators. 

r. Any container, storage tank, or vessel that contains a fluid having a maximum true vapor 

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

pressure of the material considering: 

• For material stored at ambient temperature, the maximum monthly average 

temperature as reported by the National Weather Service, or 

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

the highest calendar-month average of the material storage temperature. 

s. Equipment for carving, cutting, routing, turning, drilling, machining, sawing, surface grinding, 

sanding, planing, buffing, sandblast cleaning, shot blasting, shot peening, or polishing ceramic 

artwork, leather, metals (other than beryllium), plastics, concrete, rubber, paper stock, and wood 

or wood products, where such equipment is either used for non-production activities or 

exhausted inside a building. 

t. Manually operated equipment, as defined in 567 lAC 22.100, used for buffing, polishing, 

carving, cutting, drilling, machining, routing, sanding, sawing, scarfing, surface grinding, or 

turning. 

u. Incinerators and pyrolysis cleaning furnaces with a rated refuse burning capacity ofless than 25 

pounds per hour. Pyrolysis cleaning furnace exemption is limited to those units that use only 

natural gas or propane. Salt bath units are not included in this exemption. 

v. Equipment or control equipment which reduces or eliminates all emission to the atmosphere. If a 

source wishes to obtain credit for emission reductions, a permit must be obtained for the 

reduction prior to the time the reduction is made. If a construction permit has been previously 

issued for the equipment or control equipment, all other conditions of the construction permit 

remain in effect. 

16 
(4) Internal combustion engines used for lawn care, landscaping and grounds keeping 

purposes. 

(5) Laundry activities located at a stationary source that uses washers and dryers to clean, 

with water solutions of bleach or detergents, or to dry clothing, bedding, and other fabric 

items used on site. This exemption does not include laundry activities that use dry 

cleaning equipment or steam boilers. 

(6) Bathroom vent emissions, including toilet vent emissions. 

(7) Blacksmith forges. 

(8) Plant maintenance and upkeep activities and repair or maintenance shop activities (e.g., 

grounds keeping, general repairs, cleaning, painting, welding, plumbing, retarring roofs, installing insulation and paving parking lots), provided that these activities are not 

conducted as part of manufacturing process, are not related to the source's primary 

business activity, and do not otherwise trigger a permit modification. Cleaning and 

painting activities qualify if they are not subject to requirements for volatile organic 

compounds or hazardous air pollutants as defined in 567 lAC 22.100. [2009] 

(9) Air compressors and vacuum pumps, including hand tools. [2012] (10) Batteries and battery charging stations, except at battery manufacturing plants. 

(11) Equipment used to store, mix, pump, handle or package soaps, detergents, surfactants, 

waxes, glycerin, vegetable oils, greases, animal fats, sweetener, com syrup, and aqueous 

salt or caustic solutions, provided that appropriate lids and covers are utilized and that no 

organic solvent has been mixed with such materials. 

(12) Equipment used exclusively to slaughter animals, but not including other equipment at 

slaughterhouses, such as rendering cookers, boilers, heating plants, incinerators, and 

electrical power generating equipment. 

(13) Vents from continuous emissions monitors and other analyzers. 

(14) Natural gas pressure regulator vents, excluding venting at oil and gas production 

facilities. 

(15) Equipment used by surface coating operations that apply the coating by brush, roller, or 

dipping, except equipment that emits volatile organic compounds or hazardous air 

pollutants as defined in 567 lAC 22.100. 

(16) Hydraulic and hydrostatic testing equipment. 

(17) Environmental chambers not using gases which are hazardous air pollutants as defined in 

22.100. 

(18) Shock chambers, humidity chambers, and solar simulators. 

(19) Fugitive dust emissions related to movement of passenger vehicles on unpaved road 

surfaces, provided that the emissions are not accounted for applicability purposes and that 

any fugitive dust control plan or its equivalent is submitted as required by the 

Department. 

(20) Process water filtration systems and demineralizers, demineralized water tanks, and 

demineralizer vents. 

(21) Boiler water treatment operations, not including cooling towers or lime silos. 

17 
applied at the manufacturer's recommended temperatures. Equipment used to apply hot 

melt adhesives shall have a safety device that automatically shuts down the equipment if 

the hot melt temperature exceeds the manufacturer's recommended application 

temperature. 

x. Direct-fired equipment burning natural gas, propane, or liquefied propane with a capacity ofless 

than 10 million Btu per hour input, and direct-fired equipment burning fuel oil with a capacity of 

less than 1 million Btu per hour input, with emissions that are attributable only to the products of 

combustion. Emissions other than those attributable to the products of combustion shall be 

accounted for in an enforceable permit condition or shall otherwise be exempt under this subrule. 

y. Closed refrigeration systems, including storage tanks used in refrigeration systems, but excluding 

any combustion equipment associated with such systems. 

z. Pretreatment application processes that use aqueous-based chemistries designed to clean a 

substrate, provided that the chemical concentrate contains no more than 5 percent organic 

solvents by weight. This exemption includes pretreatment processes that use aqueous-based 

cleaners, cleaner-phosphatizers, and phosphate conversion coating chemistries. 

aa. Indoor-vented powder coating operations with filters or powder recovery systems. 

bb. Electric curing ovens or curing ovens that run on natural gas or propane with a maximum heat 

input of less than 10 million BTU per hour and that are used for powder coating operations, 

provided that the total cured powder usage is less than 75 tons of powder per year at the 

stationary source. Records shall be maintained on site by the owner or operator for a period of at 

least two calendar years to demonstrate that cured powder usage is less than the exemption 

threshold. 

cc. Any production surface coating activity that uses only nonrefillable hand-held aerosol cans, 

where the total volatile organic compound emissions from all these activities at a stationary 

source do not exceed 5.0 tons per year. 

18 
28,000 pounds per year for SMA W or FCA W. Records that identify the type and annual 

amount of welding electrode used shall be maintained on site by the owner or operator for a 

period of at least two calendar years. 

For stationary sources where electrode usage exceeds these levels, the welding activity at the 

stationary source may be exempted if the amount of electrode used (Y) is less than: 

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

Y = the greater of 187x- 2,600 or 28,000 for SMA W or FCA W 

Where x is the minimum distance to the property line in feet, and Y is the annual electrode 

usage in pounds per year. 

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

the most stringent limits must be applied. 

(2) Resistance welding, submerged arc welding, or arc welding that does not use a consumable 

electrode, provided that the base metals do not include any stainless steel, alloys of lead, 

alloys of arsenic, or alloys of beryllium and provided that the base metals are uncoated, 

excluding manufacturing process lubricants. 

ee. Electric hand soldering, wave soldering, and electric solder paste reflow ovens. 

ff. Pressurized piping and storage systems for natural gas, propane, liquefied petroleum gas (LPG), 

and refrigerants, where emissions could only result from an upset condition. 

gg. Emissions from the storage and mixing of paints and solvents associated with the painting 

operations, provided that the emissions from the storage and mixing are accounted for in an 

enforceable permit condition or are otherwise exempt. 

hh. Product labeling using laser and ink-jet printers with target distances less than or equal to six 

inches and an annual material throughput of less than 1 ,000 gallons per year as calculated on a 

stationary source-wide basis. 

n. A regional collection center (RCC), as defined in S67 lAC Chapter 211, involved in the 

processing of permitted hazardous materials from households and conditionally exempt small 

quantity generators (CESQG), not to exceed 1,200,000 pounds ofVOC containing material in a 

12-month rolling period. Latex paint drying may not exceed 120,000 pounds per year on a 12-

month rolling total. Other non-processing emission units (e.g., standby generators and waste oil 

heaters) shall not be eligible to use this exemption. 

19 
carbon tetrachloride (CAS # 56-23-5) or chloroform (CAS# 67-66-3), or any combination of 

these halogenated HAP solvents in a total concentration greater than 5 percent by weight. 

kk. Emissions from mobile over-the-road trucks, and mobile agricultural and construction internal 

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

repair shops or equipment dealerships, and only when the repair shops or equipment dealerships 

are not major sources as defined in rule 567 lAC 22.100. 

ll. Reserved. [2011] 

10: Adopt 10.5(10-11) as indicated 

10. Emissions Offsets for Non-Attainment Designated Areas. Rule 567 lAC 22.5 of the Iowa 

Administrative Code, is hereby made a part of this Ordinance by reference. 

11. Dispersion Credit Allowance. For the purpose of Authorization to Install review, primarily the 

determination of dispersion credit allowed for stack heights that exceed "good engineering practice", the 

Iowa Administrative Code rule 567-23.1 (5) as amended, shall apply and is hereby made a part of this 

Ordinance by reference. [2008] 

11: Adopt 10.6(1) as indicated 

10.6 Permit Fees 

1. Initial Applications. Every applicant for a Permit to Operate, a permit for variance, a permit for 

Authorization To Install any article, machinery, equipment or other contrivance for which such permit or 

authorization is required by the terms of this Ordinance or otherwise required by law, shall pay a filing 

fee, except federal, state, or local government agencies or public districts are not required to pay such 

fee. [2012] 

12: Adopt 10.6(2) as indicated 

2. Annual Fee for Permit to Operate. Each Permit to Operate shall be renewed on the annual operating 

fee due date, (hereafter referred to as the expiration date), set by the Air Pollution Control Officer. This 

provision shall apply to all Permits To Operate required by §10.5(3) of this Ordinance. [2011] 

The annual renewal fee shall be payable for each Permit to Operate, and shall be paid by the invoice due 

date. 

If the annual operating fee is not paid by the invoice due date, the permit shall expire and no longer be 

valid. The permit holder shall be notified by mail by the Air Pollution Control Officer. 

20 
court costs or restitution. [20 11] 

13: Adopt 10.6(3-4) as indicated 

3. Filing Fees for Untimely Permits. Notwithstanding section§ 10.6(1) or§ 10.6(2) above, all applicants 

for an Authorization to Install made after the initiation of on-site construction; for an Authorization to 

Install and a Permit to Operate for emission sources already in operation; or for renewals made after the 

expiration date; shall pay a late filing fee for each permit or renewal required. Nothing herein shall limit 

the Air Pollution Control Officer's power to enforce the penalty provisions of this ordinance in lieu of or 

in addition to the collection of this filing fee. [2008] 

4. Fees required under Sections 1 0.6(1 ), 1 0.6(2) and 1 0.6(3) above shall be recommended by the Air 

Pollution Control Officer and be established by resolution of the Linn County Board of Supervisors. 

[2008] 

14: Adopt the revised title of 10.9 and header of the first paragraph. 10.9 Emissions Standards 

1. Emissions of Particulate Matter No person shall permit, cause, suffer or allow the emission of 

particulate matter into the atmosphere in any one hour from any emission point from any process 

equipment at a rate in excess of that specified in Table I for the process weight rate allocated to such 

emission point. In any case, the emission of particulate matter from any process shall not exceed an 

emission standard of 0.1 grain per dry standard cubic foot of exhaust gas or Table I of this section, 

whichever would result in the lowest allowable emission rate. [2008] 

21 
100 

200 

400 

600 

800 

1,000 

1,500 

2,000 

2,500 

3,000 

3,500 

4,000 

5,000 

6,000 

7,000 

8,000 

9,000 

10,000 

12,000 

14,000 

16,000 

18,000 

20,000 

30,000 

40,000 

50,000 

60,000 

70,000 

80,000 

90,000 

100,000 

120,000 

140,000 

160,000 

200,000 

1,000,000 

2,000,000 

6,000,000 

0.05 

0.10 

0.20 

0.30 

0.40 

0.50 

0.75 

1.00 

1.25 

1.50 

1.75 

2.00 

2.50 

3.00 

3.50 

4.00 

4.50 

5.00 

6.00 

7.00 

8.00 

9.00 

10.00 

15.00 

20.00 

25.00 

30.00 

35.00 

40.00 

45.00 

50.00 

60.00 

70.00 

80.00 

100.00 

500.00 

0.551 

0.877 

1.40 

1.83 

2.22 

2.58 

3.38 

4.10 

4.76 

5.38 

5.96 

6.52 

7.58 

8.56 

9.49 

10.40 

11.20 

12.00 

13.60 

15.10 

16.50 

17.90 

19.20 

25.20 

30.50 

35.40 

40.00 

41.30 

42.50 

43.60 

44.60 

46.30 

47.80 

49.00 

51.20 

69.00 

1,000.00 77.60 

3,000.00 92.70 [2009] 

22 
a. The particulate matter discharged to the atmosphere from a grain bin vent at a country grain 

elevator, as "country grain elevator" is defined in 567 lAC 22.1 0( 1 ), shall not exceed 1.0 grain per dry 

standard cubic foot of exhaust gas. 

b. The particulate matter discharged to the atmosphere from a grain bin vent that was 

constructed, modified or reconstructed before March 31, 2008, at a country grain terminal elevator, as 

"country grain terminal elevator" is defined in 567 lAC 22.10(1), or at a grain terminal elevator, as 

"grain terminal elevator" is defined in 567 lAC 22.1 0(1 ), shall not exceed 1.0 grain per dry standard 

cubic foot of exhaust gas. 

c. The particulate matter discharged to the atmosphere from a grain bin vent that is constructed 

or reconstructed on or after March 31, 2008, at a country grain terminal elevator, as "country grain 

terminal elevator" is defined in 567 lAC 22.10(1), or at a grain terminal elevator, as "grain terminal 

elevator" is defined in 567 lAC 22.10(1), shall not exceed 0.1 grain per dry standard cubic foot of 

exhaust gas. [2008] 

17: Adopt 10.9(1)G) as indicated. 

Note: EPA is not acting on this revision as it was requested by the State as part of the 111(d) plan 

and not as a SIP revision. 

j. Phosphate Processing Plants. 

1) Phosphoric acid manufacture. No person shall allow, cause, or permit the operation of equipment 

for the manufacture of phosphoric acid that was in existence on October 22, 1974, in a manner 

that produces more than 0.04 pounds of fluoride per ton of phosphorous pentoxide or equivalent 

input. 

2) Diammonium phosphate manufacture. No person shall allow, cause, or permit the operation of 

equipment for the manufacture of diammonium phosphate that was in existence on October 22, 

1974, in a manner that produces more than 0.15 pounds of fluoride per ton of phosphorous 

pentoxide or equivalent input. 

3) Nitrophosphate manufacture. No person shall allow, cause, or permit the operation of equipment 

for the manufacture of nitrophosphate in a manner that produces more than 0.06 pounds of 

fluoride per ton of phosphorus pentoxide or equivalent input. 

4) No person shall cause, allow, or permit the operation of equipment for the processing of 

phosphate ore, rock, or other phosphatic material (other than equipment used for the manufacture 

of phosphoric acid, diammonium phosphate or nitrophosphate) in a manner such that the unit 

emissions of fluoride exceed 0.4 pounds of fluoride per ton of phosphorous pentoxide or its 

equivalent input. 

23 
7) Calculation. The allowable total emission of fluoride shall be calculated by multiplying the unit 

emission specified above by the expressed design production capacity of the process equipment. 

[2008] 

18: Adopt 10.9(1)(1) as indicated 

1. Incinerator. A person shall not cause, allow, or permit the operation of an incinerator unless it is 

provided with appropriate control of emissions of particulate matter and visible air contaminants. 

1) Particulate matter. A person shall not cause, allow, or permit the operation of an incinerator in a 

manner such that the particulate matter discharged to the atmosphere 0.2 grain per standard cubic 

foot of exhaust gas adjusted to 12 percent carbon dioxide. 

A person shall not allow, cause, or permit the operation of an incinerator with a rated 

refuse burning capacity of less than 1 000 pounds per hour in a manner such that the particulate 

matter discharged to the atmosphere exceeds 0.35 grains per standard cubic foot of exhaust gas 

adjusted to 12 percent carbon dioxide. 

2) Visible emissions. A person shall not allow, cause, or permit the operation of an incinerator in a 

manner such that it produces visible emissions which have an appearance, density, or shade 

darker than 20% opacity or that level specified in a federally enforceable permit;· except that 

visible emissions which have an appearance, density, or shade not darker than 40% opacity may 

be emitted for a period or periods aggregating not more than 3 minutes in any 60 minute period 

during an operation breakdown or during the cleaning of air pollution control equipment. [2008] 

19: Adopt 10.9(5) as indicated 

5. Emission Guidelines. Except as hereafter modified the emission guidelines regulations as adopted 

by the Iowa Department of Natural Resources and promulgated as 567 Iowa Administrative Code, 

Chapter 23.1(5), are hereby specifically incorporated by reference and adopted as part of this ordinance. 

6. Calculation of emission limitations based upon stack height. This rule sets limits for the maximum 

stack height credit to be used in ambient air quality modeling for the purpose of setting an emission 

limitation and calculating the air quality impact of a source. This rule does not limit the actual physical 

stack height for any source. 

For the purpose of this subrule, definitions of"stack," "a stack in existence," "dispersion technique," 

"nearby" and "excessive concentration" as set forth in 40 CFR §§ 51.1 OO(ff) through (hh), (jj) and (kk) 

as amended through June 14, 1996, are adopted by reference. 

a. "Good engineering practice (GEP) stack height" means the greater of: 

(1) Sixty-five meters, measured from the ground level elevation at the base of the stack; or 

24 
Hg=H + 1.5L 

where: 

Hg = good engineering practice stack height, measured from the ground level elevation at the base of 

the stack, 

H =height of nearby structure(s) measured from the ground level elevation at the base ofthe stack, 

L = lesser dimension, height or projected width, of nearby structure(s ), provided that the Department 

may require the use of a field study or fluid model to verify GEP stack height for the source; or 

(3) The height demonstrated by a fluid model or a field study approved by the Department, which 

ensures that the emissions from a stack do not result in excessive concentrations of any air pollutant 

as a result of atmospheric downwash, wakes, or eddy effects created by the source itself, nearby 

structures or nearby terrain features. Public notification of the availability of such study and 

opportunity for public hearing are required prior to approval by the Department. 

b. The degree of emission limitation required for control of any air contaminant under this chapter 

shall not be affected in any manner by: 

( 1) The consideration of that portion of a stack which exceeds GEP stack height; or 

(2) Varying the rate of emission of a pollutant according to atmospheric conditions or ambient 

concentrations of the pollutants; or 

(3) Increasing final exhaust gas plume rise by manipulating source process parameters, exhaust gas 

parameters, stack parameters, or combined exhaust gases from several existing stacks into one stack; 

or other selective handling of exhaust gas streams so as to increase gas plume rise. 

This rule is intended to implement Iowa Code section 455B.133. [2008] 

20: Adopt 10.10(A) as indicated 

10.10 Open Burning 

A. No person shall allow, cause or permit open burning of combustible materials, except as follows. 

[2008] 

21: Adopt 10.10(A)(1)(b-c) as indicated 

b. Training Fires. For the purpose of this paragraph, a "training fire" is a fire set for the purpose 

of conducting a bona fide training of public or industrial employees in firefighting methods. For 

the purpose of this subparagraph, "bona fide training" means training that is conducted according 

to the National Fire Protection Association 1403 Standard on Live Fire Training Evolutions 

(2002 Edition), or a comparable training fire standard. A training fire may be conducted, 

provided that all of the following conditions are met: 

1. A training fire on a building is conducted with the building structurally intact 

2. The training fire does not include the controlled burning of a demolished building. 

25 
5. All asbestos-containing material shall be removed prior to the training fire. 

6. Asphalt shingles may be burned in a training fire only if notification to the Director contains 

testing results indicating that none of the layers of asphalt shingles contain asbestos. During 

each calendar year, each fire department may conduct no more than two training fires on 

buildings where asphalt shingles have not been removed, provided that for each of those 

training fires the asphalt roofing material present has been tested to ensure that it does not 

contain asbestos. 

7. Rubber tires and other trash or garbage materials are not allowed substances for inclusion in 

training fires. 

8. A copy of all asbestos test results shall be submitted to the Department. The Air Pollution 

Control Officer reserves the authority to inspect the proposed burning premises to verify 

compliance with the above listed requirements before issuing the open burning permit. The 

Air Pollution Control Officer may deny any training fire request based on factors such as 

public health, air quality in the vicinity and effects to the local environment or where 

evidence suggests that allowing the burning would cause the violation of any National 

Ambient Air Quality Standards. 

c. Agricultural Structures. The open burning of agricultural structures, provided that the open 

burning occurs on the premises, and for agricultural structures located within a city or town, at 

least one- fourth mile from any building inhabited by a person other than the landowner, a tenant, 

or an employee of the landowner or tenant conducting the open burning unless a written waiver 

in the form of an affidavit is submitted by the owner of the building to the Department prior to 

the open burning. All chemicals and asphalt shingles shall be removed. All structures shall be 

inspected for suspect asbestos content by a state certified asbestos inspector. All asbestoscontaining material shall be removed prior to burning. Burning shall be conducted only when 

weather conditions are favorable with respect to surrounding property. Tires shall not be used to 

ignite agricultural structures. The asbestos National Emission Standard for Hazardous Air 

Pollutants (NESHAP), as amended through January 16, 1991, requires that burning of 

agricultural structures to be conducted in accordance with 40 CFR Section 61.145, "Standard for 

Demolition and Renovation." For the purposes of this subrule, "agricultural structures" means barns, machine sheds, storage 

cribs, animal confinement buildings, and homes located on the premises and used in conjunction 

with crop production, livestock or poultry raising and feeding operations. "Agricultural 

structures," for asbestos NESHAP purposes, includes all of the above, with the exception of a 

single residential structure on the premises having four or fewer dwelling units, which has been 

used only for residential purposes. [2008] 

26 
open burning. Burning shall be conducted when weather conditions are favorable with respect to 

surrounding property. Rubber tires shall not be used to ignite landscape waste. The open burning 

of landscape waste is limited to the property where such waste is generated. [2008] 

23: Adopt lO.lO(A)(l)(h-i) as indicated 

h. Trees and Tree Trimmings. The open burning of trees and tree trimmings not originated on 

the premises provided that the burning site is operated by a local governmental entity, the 

burning site is fenced and access is controlled, burning is conducted on a regularly scheduled 

basis and is supervised at all times, burning is conducted only when weather conditions are 

favorable with respect to surrounding property, and the burning site is limited to areas at least 

one-quarter mile from any inhabited building unless a written waiver in the form of an affidavit 

is submitted by the owner of the building to the Department and to the local governmental entity 

prior to the first instance of open burning at the site. The written waiver shall become effective 

only upon recording in the office of the recorder of deeds of the county in which the inhabited 

building is located. When the open burning of trees and tree trimmings causes air pollution as 

defined in Iowa Code section 455B.131(3), the Department may take appropriate action to secure 

relocation of the burning operation. Rubber tires shall not be used to ignite trees and tree 

trimmings. 

i. Other Burning. Other open burning such as, but not limited to, native prairie management 

may be allowed on a case by case basis, through the issuing of an open burning permit, provided 

the Air Pollution Control Officer has determined that the burning will not adversely affect the air 

quality or will not violate any sections of this Ordinance and is reasonable and practical as 

compared to other alternatives available. [2012] 

24: Adopt 10.10(A)(2) as indicated 

2. Open Burning Permits shall be issued by the Linn County Air Pollution Control Officer and the Fire 

Chief of the fire district having jurisdiction at the place of burning. 

Every application for an open burning permit required under § 10.10 shall be filed in the manner and 

form prescribed by the Air Pollution Control Officer. 

Fees for Open Burning Permits shall be recommended by the Air Pollution Control Officer and be 

established by resolution of the Linn County Board of Supervisors, except federal, state, or local 

government agencies or public districts are not required to pay such fee. 

27 
d. Unless otherwise approved by the Fire Chiefhavingjurisdiction, burning shall be conducted 

during the hours of one half hour after sunrise until one half hour before sunset. The Linn 

County Sheriffs Department shall be notified upon such approval by the permit applicant; 

e. Burning is conducted in a safe and reasonable manner so as not to endanger life or property; 

f. Fires must be attended by the permit applicant or his/her agent at all times, this person shall have 

the burning permit in their possession at the time of burning; 

g. The Air Pollution Control Officer shall have the authority to deny issuance of an Open Burning 

Permit to any person who has failed to pay the fee for a previously issued Open Burning Permit; 

who has been previously cited for any violation of this Ordinance and has failed to pay in full all 

fines, court costs and restitution entered as a judgment against them or who is not current with 

any Court ordered payment plan for such fines, court costs and restitution. This provision does 

not limit the Air Pollution Control Officer's power to otherwise collect unpaid fees, fines, court 

costs and restitution. [2008] 

25: Adopt 10.10(A)(3) as indicated 

3. The following types of open burning are exempt and may be conducted without an open burning 

permit. 

a. Open burning used solely for cooking, heating, and/or other recreational activities. These fires 

must be no larger than three feet in diameter and must bum charcoal or untreated wood. Wood must also 

be free of all leaves, needles or other vegetative matter. These fires must comply with § 10.7. 

b. Camp fires and outdoor fireplaces burning untreated wood material, when in association with 

camping out, cooking, or similar related recreational activities provided that these fires comply with all 

other sections of this Ordinance and are no larger than three feet in diameter. 

c. Fires for the disposal of residential waste, but not to include rubber, tires, asphalt compounds 

or garbage at dwellings of four family units or less, in which fires are maintained by the occupant of the 

dwelling and the burning is conducted in an approved container. An approved container shall be any 

container which has a capacity that does not exceed 55 gallons in volume and has a one inch spaced wire 

or other suitable spark arresting device for the control of wind blown materials. 

No person shall allow, cause or permit fires for the disposal of household rubbish at dwellings of 

more than four family units. 

d. Paper Seed Bags. The disposal by open burning of paper seed bags resulting from farming 

activities occurring on the premises. Such open burning shall be limited to areas located at least onefourth mile from any building inhabited by other than the landowner or tenant conducting the open 

burning, livestock area, wildlife area, or water source. The amount of paper seed bags that can be 

disposed of by open burning shall not exceed one day's accumulation or 50 pounds, whichever is less. 

28 
or a comparable training fire standard. A training fire may be conducted, provided that all of the 

following conditions are met: 

1. The training fire is to be conducted in an approved container not to exceed 55 gallons in 

volume for educational and safety purposes on the proper use of a fire extinguisher. 

2. Material(s) used in the training fire shall be limited to diesel fuel, gasoline, or a combination 

ofboth. [2008] 

26: Adopt 10.10(A)(3) as indicated 

B. Unavailability of Exemptions in Certain Areas. Notwithstanding §10.10(A)(l)(f) and 

§ 10.1 O(A)(3)(c) of this ordinance, no person shall allow, cause or permit the open burning of 

residential waste, including landscape waste and leaves, within the city limits of Cedar Rapids, 

Hiawatha or Marion, Iowa. 

1. Notwithstanding§ 10.10(A)(1)(f), and§ 10.1 O(A)(3)(c) of this ordinance, no person shall 

allow, cause or permit the open burning of residential waste, including landscape waste and 

leaves, within one half mile of Cedar Rapids, Hiawatha or Marion, Iowa which is classified 

as Urban Services Residential (USR) district in accordance with the Unified Development Code or otherwise incorporated. The effective date ofthis rule is January 1, 2009. [2008] 

27: Adopt 10.13(1)(6) as indicated 

10.13 Fugitive Dust 

6. Reducing the speed of vehicles traveling over on-property surfaces as necessary to minimize 

the generation of airborne dusts. [2008] 

28: Adopt 10.13(2) as indicated 

(2) Nonattainment Areas. Subparagraph (1) notwithstanding, no person shall allow, cause or permit any 

visible emission of fugitive dust in a nonattainment area for particulate matter to go beyond the lot line 

of the property on which a traditional source is located without taking reasonable precautions to prevent 

emission. Traditional source means a source category for which a particulate emission standard has been 

established in Linn County Ordinance #6-9-2009 § 1 0.9, and includes a quarry operation, haul road, or 

parking lot associated with the traditional source. This paragraph does not modify the emission standard, 

but rather establishes a separate requirement for fugitive dust from such sources. 

For guidance on the types of controls which may constitute reasonable precautions, see "Identification 

ofTechniques for the Control oflndustrial Fugitive Dust Emissions*," adopted by the State oflowa 

Environmental Protection Commission on May 19, 1981. [2008] 

* Available from the Department 

29 
whether a violation has occurred at a source: 

(1) A monitoring method approved for the source and incorporated in an operating permit 

pursuant to section 10.5; 

(2) Compliance test methods specified in section 1 0.17; or 

(3) Testing or monitoring methods approved for the source in a construction permit issued 

pursuant to section 10.5. 

b. The following testing, monitoring or information-gathering methods are presumptively 

credible testing, monitoring, or information-gathering methods: 

( 1) Any monitoring or testing methods provided in these rules; or 

(2) Other testing, monitoring, or information-gathering methods that produce information 

comparable to that produced by any rule in subrule 10.16(1)"a" of this subrule. [2008] 

30: Adopt 10.17 (1-4) as indicated 

10.17 Testing and Sampling of New and Existing Equipment 

1. Continuous Monitoring of Opacity from Coal-Fire Steam Generating Units. The owner or operator of 

any coal-fired or coal-gas-fired steam generating unit with a rated capacity of greater than 250 million 

BTUs per hour heat input shall install, calibrate, maintain and operate continuous monitoring equipment 

to monitor opacity. If an exhaust services more than one steam generating unit as defined in the 

preceding sentence, the owner has the option of installing opacity monitoring equipment on each unit or 

on the common stack. Such monitoring equipment shall conform to performance specifications specified 

in § 1 0.17(9). The Air Pollution Control Officer may require the owner or operator of any coal-fired or 

coal-gas-fired steam generating unit to install, calibrate, maintain and operate continuous monitoring 

equipment to monitor opacity whenever the compliance status, history of operations, ambient air quality 

in the vicinity surrounding the generator or the type of control equipment utilized would warrant such 

monitoring. 

2. Reserved 

3. Reserved 

30 
5. Maintenance of Records of Continuous Monitors. The owner or operator of any facility which is 

required to install, calibrate, maintain, and operate continuous monitoring equipment shall maintain for a 

minimum of two years a file of all information pertinent to each monitoring system present at the 

facility. Such information must include, but is not limited to, all emissions data (raw data, adjusted data, 

and any or all adjusted factors used to convert emissions from units of measurement to units of 

applicable standard), performance evaluations, calibrations and zero checks, and records of all 

malfunctions of monitoring equipment or source and repair procedures performed. 

6. Reporting of Continuous Monitoring Information. The owner or operator of any facility which is 

required to install continuous monitoring system or systems shall provide quarterly reports to the Air 

Pollution Control Officer no later than 30 calendar days following the end of the calendar quarter, on 

forms provided by the Air Pollution Control Officer. This provision shall not excuse compliance with 

more stringent applicable reporting requirements. All periods of recorded emissions in excess ofthe 

applicable standards, the results of all calibrations, zero checks, span values, performance evaluations 

occurring during the reporting period, and any periods of monitoring equipment malfunctions or source 

upsets and any apparent reasons for these malfunctions and upsets shall be included in this report. 

[2013] 

32: Adopt 10.17 (7) as indicated 

7. Tests by Owner. The owner of new or existing equipment or the owner's authorized agent shall 

conduct emissions tests to determine compliance with applicable rules in accordance with these 

requirements. 

a. General. The owner of new or existing equipment or the authorized agent shall notify the Air 

Pollution Control Officer in writing not less than 15 days before a required test or before a 

performance evaluation of a required continuous emission monitor to determine compliance with 

applicable requirements of§ 10.9 or a permit condition. Such notice shall include the time, the 

place, the name of the person who will conduct the tests and other information as required by the 

Department. If the owner or operator does not provide timely notice to the Department, the 

Department shall not consider the test results or performance evaluation results to be a valid 

demonstration of compliance with the applicable rules or permit conditions. At the Department's 

request, a pretest meeting shall be held no later than 5 days prior to conducting the compliance 

demonstration. A testing protocol shall be submitted to the Department no later than 15 days 

prior to conducting the compliance demonstration. A representative of the Linn County Public 

Health Department shall be permitted to witness the tests. 

31 
compliance with applicable emission limits. Tests conducted to demonstrate compliance with the 

requirement ofthe rules or a permit shall be conducted within 60 days of achieving maximum 

production but no later than 180 days of startup, unless a shorter time frame is specified in the 

permit. 

c. Existing Equipment. The Air Pollution Control Officer may require the owner or the 

operator's authorized agent to conduct an emission test on any equipment if the Air Pollution 

Control Officer has reason to believe that the equipment does not comply with the applicable 

requirements. Grounds for requiring such a demonstration for compliance include a modification 

of control or process equipment, age of equipment, or observation of opacities or other 

parameters outside the range of those indicative of properly maintained and operated equipment. 

Testing may be required as necessary to determine actual emissions from a source where that 

source is believed to have a significant impact on the public health or ambient air quality of an 

area. The Air Pollution Control Officer shall provide the owner or agent not less than 30 days to 

perform the compliance demonstration and shall provide written notice of the requirement. 

[2009] 

33: Adopt 10.17(8) as indicated 

8. Tests by Department. Representatives of the Department may conduct separate and additional air 

contaminant emission tests and continuous monitor performance tests of an installation on behalf of the 

county and at the expense of county. Sampling holes, safe scaffolding and pertinent allied facilities, but 

not instruments or sensing devices, as needed, shall be requested in writing by the Air Pollution Control 

Officer and shall be provided by and at the expense of the owner of the installation at such points as 

specified in the request. The owner shall provide a suitable power source to the point or points of testing 

so that sampling instruments can be operated as required. Analytical results shall be furnished to the 

owner. [2008] 

34: Adopt 10.17(9) as indicated 

Methods and Procedures. Stack sampling and associated analytical methods used to evaluate 

compliance with emission limitations of§ 1 0.8, § 1 0.9, § 10.12 or a permit condition are as follows: 

a. Performance test (stack test). A stack test shall be conducted according to EPA reference 

methods as specified in 40 CFR 51, Appendix M (as amended through December 21, 2010); 40 

CFR 60, Appendix A (as amended through September 9, 2010); 40 CFR 61, Appendix B (as 

amended through October 17, 2000); and 40 CFR 63, Appendix A (as amended through August 

20, 2010). The owner of the equipment or the owner's authorized agent may use an alternative 

methodology if approved by the department in writing before testing. Each test shall consist of at 

least three separate test runs. Unless otherwise specified by the department, compliance shall be 

assessed on the basis of the arithmetic mean of the emissions measured in the three test runs. 

32 
approved by the department in writing prior to conducting the minimum performance 

specification and quality assurance procedures. 

c. Permit and compliance demonstration requirements. After July 7, 2013, all sampling and 

associated analytical methods used to evaluate compliance with emission limitations of§§ 1 0.8, 

10.9 or 10.12 or required in a permit issued by the department pursuant to § § 1 0.4, 10.5 or 567 

lAC Chapter 33 shall be conducted using the methodology referenced in this rule. If stack 

sampling was required for a compliance demonstration pursuant to §§10.8, 10.9 or 10.12 or for a 

performance test required in a permit issued by the department pursuant to §§ 1 0.4, 10.5 or 567 

lAC Chapter 33 before July 7, 2013 and the demonstration or test was not required to be 

completed before July 7, 2013 then the methodology referenced in this subrule applies 

retroactively. [2013] 

35: Adopt 10.17(10-12) as indicated 

10. Exemptions from Continuous Monitoring Requirements. The owner or operator of any source is 

exempt if it can be demonstrated that any of the conditions set forth in this section are met, with the 

provision that periodic re-certification of the existence of these conditions can be requested. 

a. An affected source is subject to a new source performance standard promulgated in 40 CFR 

Part 60 as amended through September 28, 2007, as adopted in 567 lAC Chapter 25. 

b. An affected steam generator had an annual capacity factor for calendar year 1974, as reported 

to the Federal Power Commission, ofless than 30 percent, or the projected use of the unit indicates the 

annual capacity factor will not be increased above 30 percent in the future. 

c. The Air Pollution Control Officer may provide a temporary exemption from the monitoring 

and reporting requirements during any period of monitoring system malfunction, provided that the 

source owner or operator shows, to the satisfaction of the Air Pollution Control officer, that the 

malfunction was unavoidable and is being repaired as expeditiously as practical. 

11. Extensions. The owner o"r operator of any source may request an extension of time provided for 

installation of the required monitor by demonstrating to the Air Pollution Control Officer that good faith 

efforts have been made to obtain and the monitor in the prescribed time. 

33 
36: Adopt 10.20 as indicated 

10.20 Public Records and Fair Information Practices 

Information received by the Board of Health or the Department shall be made available to the public or 

be granted confidential treatment in accordance with the provisions of Iowa Code Chapters 22 and 

455B. 

Anyone making a request for reproduction of the Department's records will pay for services at rates 

established by resolution of the Linn County Board of Health. [2008] 

34