MEMORANDUM 

SUBJECT: 

FROM: 

TO: 

THRU: 

SUMMARY 

Technical Support Document for Clean Air Act Sections 110(a)(1) and (2) Infrastructure 

State Implementation Plan (SIP) Submissions, State of Iowa, for 1997 and 2006 Fine 

Particulate Matter (PMz.s) National Ambient Air Quality Standards (NAAQS), and the 

adoption of the 1997 PMz s Standard 

Heather Hamilton 

A WMD/ II . , 

(p /-. \ '-f i"\:NGIA-126 and IA-161 

Amy Algoe-Eakin 

A WMD/ APDB/AtPS 

Mike Jay 

AWMD/APDB 

Section 110(a)(l) ofthe CAA requires, in part, that states make a SIP submission to EPA to implement, 

maintain and enforce each of the NAAQS promulgated by EPA after reasonable notice and public 

hearings. EPA has historically referred to these SIP submissions made for the purpose of satisfying the 

requirements ofCAA sections 110(a)(1) and 110(a)(2) as "infrastructure SIP" submissions. Section 

11 O(a)(2) includes a list of specific elements that such infrastructure SIP submissions must address. SIPs 

meeting the requirements of sections 11 O(a)(l) and (2) are to be submitted by states within three years 

after promulgation of a new or revised NAAQS. 

As relevant to this proposed action, the PMz.s NAAQS have been revised as follows: 

• On July 18, 1997, EPA promulgated new PMz.s primary and secondary NAAQS (62 FR 38652), 

hereby referred to as the 1997 PMz.s NAAQS. The new PMz.s NAAQS established a health-based 

annual standard of 15.0 micrograms per cubic meter (J.lg/m3) based on a 3-year average of annual 

mean PMz.s concentrations and a 24-hour standard of 65 J.lg/m3 based on a 3-year average of the 981h 

percentile of 24-hour concentrations. 

• On October 17, 2006, EPA made further revisions to the primary and secondary NAAQS for PMz.s 

(71 FR 61144), hereby referred to as the 2006 PMz.s NAAQS. The 24-hour average PMz.s primary 

and secondary NAAQS were revised from 65 J.lg/m3 to 35 J.lg/m3• 

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Iowa's infrastructure SIP addresses the October 2011 finding. 

Section llO(a)(l) and (2) requirements: 

EPA is acting upon the March 31, 2008 and July 29, 2013 infrastructure SIP submissions from Iowa that 

addresses the requirements ofCAA sections 110(a)(l) and 110(a)(2) for the 1997 and 2006 PMz.s 

NAAQS. The requirement for states to make a SIP submission ofthis type arises out ofCAA section 

110(a)(1). Pursuant to section 110(a)(1), states must make SIP submissions "within 3 years (or such 

shorter period as the Administrator may prescribe) after the promulgation of a national primary ambient 

air quality standard (or any revision thereof)," and these SIP submissions are to provide for the 

"implementation, maintenance, and enforcement" of such NAAQS. The statute directly imposes on 

states the duty to make these SIP submissions, and the requirement to make the submissions is not 

conditioned upon EPA taking any action other than promulgating a new or revised NAAQS. Section 

11 O(a)(2) includes a list of specific elements that each such plan submission must address. 

Depending on the relevant NAAQS, this proposed action addresses aspects of the following elements of 

section 11 O(a)(2) for the 1997 and 2006 PMz.s NAAQS as follows: (A) Emission limits and other control 

measures; (B) Ambient air quality monitoring/data system; (C) Program for enforcement of control 

measures (prevention of significant deterioration (PSD), New Source Review (NSR) for nonattainment 

areas, and construction and modification of all stationary sources); (D)Interstate and international 

transport; (E) Adequate authority, resources, implementation, and oversight; (F) Stationary source 

monitoring system; (G) Emergency authority; (H) Future SIP revisions; (J) Consultation with 

government officials, public notification, PSD, and visibility protection; (K) Air quality and 

modeling/data; (L) Permitting fees; and (M) Consultation/participation by affected local entities. 

This proposed action for the 1997 and 2006 PMz.s NAAQS does not address element (I) Nonattainment 

areas in this Technical Support Document, as SIP submissions for designated nonattainment areas are 

subject to a different submission schedule as required under the CAA title I, part D. This proposed 

action also will not address section 11 O(a)(2)(D)(i)(I)- prongs 1 and 2, as well as section 

11 O(a)(2)(D)(i)(II)- prong 4. 

EPA's approach to the review of infrastructure SIP submissions: 

As previously stated, EPA has historically referred to these SIP submissions made for the purpose of 

satisfying the requirements ofCAA sections 110(a)(1) and 110(a)(2) as "infrastructure SIP" 

submissions. Although the term "infrastructure SIP" does not appear in the CAA, EPA uses the term to 

distinguish this particular type of SIP submission from submissions that are intended to satisfy other SIP 

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of required elements provided in section 11 O(a)(2) contains a wide variety of disparate provisions, some of which pertain to required legal authority, some of which pertain to required substantive program 

provisions, and some of which pertain to requirements for both authority and substantive program 

provisions. 1 EPA therefore believes that while the timing requirement in section 11 O(a)(1) is 

unambiguous, some of the other statutory provisions are ambiguous. In particular, EPA believes that the 

list of required elements for infrastructure SIP submissions provided in section 110(a)(2) contains 

ambiguities concerning what is required for inclusion in an infrastructure SIP submission. 

The following examples of ambiguities illustrate the need for EPA to interpret some section 110(a)(1) 

and section 110(a)(2) requirements with respect to infrastructure SIP submissions for a given new or 

revised NAAQS. One example of ambiguity is that section 11 O(a)(2) requires that "each" SIP 

submission must meet the list of requirements therein, while EPA has long noted that this literal reading 

of the statute is internally inconsistent and would create a conflict with the nonattainment provisions in 

part D oftitle I of the Act, which specifically address nonattainment SIP requirements.2 Section 

110(a)(2)(1) pertains to nonattainment SIP requirements and part D addresses when attainment plan SIP 

submissions to address nonatt11inment area requirements are due. For example, section 172(b) requires 

EPA to establish a schedule for submission of such plans for certain pollutants when the Administrator 

promulgates the designation of an area as nonattainment, and section 107(d)(1)(B) allows up to two 

years or in some cases three years, for such designations to be promulgated. 3 This ambiguity illustrates 

that rather than apply all the stated requirements of section 11 O(a)(2) in a strict literal sense, EPA must 

determine which provisions of section 11 O(a)(2) are applicable for a particular infrastructure SIP 

submission. 

Another example of ambiguity within sections 11 O(a)(1) and 11 0( a)(2) with respect to infrastructure 

SIPs pertains to whether states must meet all of the infrastructure SIP requirements in a single SIP 

submission, and whether EPA must act upon such SIP submission in a single action. Although section 

110(a)(1) directs states to submit "a plan" to meet these requirements, EPA interprets the CAA to allow 

states to make multiple SIP submissions separately addressing infrastructure SIP elements for the same 

NAAQS. If states elect to make such multiple SIP submissions to meet the infrastructure SIP 

1 For example: section 110(a)(2)(E)(i) provides that states must provide assurances that they have adequate legal authority 

under state and local law to carry out the SIP; section 110(a)(2)(C) provides that states must have a SIP-approved program to 

address certain sources as required by part C of title I of the CAA; and section 110(a)(2)(G) provides that states must have 

legal authority to address emergencies as well as contingency plans that are triggered in the event of such emergencies. 

2 See, e.g., "Rule To Reduce Interstate Transport afFine Particulate Matter and Ozone (Clean Air Interstate Rule); Revisions 

to Acid Rain Program; Revisions to the NOx SIP Call; Final Rule," 70 FR 25162, at 25163-65 (May 12, 2005) (explaining 

relationship between timing requirement of section 110(a)(2)(D) versus section 110(a)(2)(I)). 

3 EPA notes that this ambiguity within section 11 O(a)(2) is heightened by the fact that various subparts of part D set specific 

dates for submission of certain types of SIP submissions in designated nonattainment areas for various pollutants. Note, e.g., 

that section 182(a)( 1) provides specific dates for submission of emissions inventories for the ozone NAAQS. Some of these 

specific dates are necessarily later than three years after promulgation of the new or revised NAAQS. 

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NAAQS. The states' attendant infrastructure SIP submissions for each NAAQS therefore could be 

different. For example, the monitoring requirements that a state might need to meet in its infrastructure 

SIP submission for purposes of section 11 O(a)(2)(B) could be very different for different pollutants, 

therefore the content and scope of a state's infrastructure SIP submission to meet this element might be 

very different for an entirely new NAAQS than for a minor revision to an existing NAAQS. 6 

EPA notes that interpretation of section 11 O(a)(2) is also necessary when EPA reviews other types of 

SIP submissions required under the CAA. Therefore, as with infrastructure SIP submissions, EPA also 

has to identify and interpret the relevant elements of section 11 O(a)(2) that logically apply to these other 

types of SIP submissions. For example, section 172( c )(7) requires that attainment plan SIP submissions 

required by part D have to meet the "applicable requirements" of section 11 O(a)(2). Thus, for example, 

attainment plan SIP submissions must meet the requirements of section 11 O(a)(2)(A) regarding 

enforceable emission limits and control measures and section 11 O(a)(2)(E)(i) regarding air agency 

resources and authority. By contrast, it is clear that attainment plan SIP submissions required by part D 

would not need to meet the portion of section 11 O(a)(2)(C) that pertains to the PSD program required in 

part C oftitle I of the CAA, because PSD does not apply to a pollutant for which an area is designated 

nonattainment and thus subject to part D planning requirements. As this example illustrates, each type of 

SIP submission may implicate some elements of section 11 O(a)(2) but not others. 

Given the potential for ambiguity in some ofthe statutory language of section llO(a)(l) and section 

110(a)(2), EPA believes that it is appropriate to interpret the ambiguous portions of section llO(a)(l) 

and section 11 O(a)(2) in the context of acting on a particular SIP submission. In other words, EPA 

assumes that Congress could not have intended that each and every SIP submission, regardless ofthe 

NAAQS in question or the history of SIP development for the relevant pollutant, would meet each of the 

requirements, or meet each of them in the same way. Therefore, EPA has adopted an approach under 

which it reviews infrastructure SIP submissions against the list of elements in section 11 O(a)(2), but only 

to the extent each element applies for that particular NAAQS. 

4 See, e.g., "Approval and Promulgation of Implementation Plans; New Mexico; Revisions to the New Source Review (NSR) 

State Implementation Plan (SIP); Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review 

(NNSR) Permitting," 78 FR 4339 (January 22, 2013) (EPA's final action approving the structural PSD elements of the New 

Mexico SIP submitted by the State separately to meet the requirements of EPA's 2008 PM2.s NSR rule), and "Approval and 

Promulgation of Air Quality Implementation Plans; New Mexico; Infrastructure and Interstate Transport Requirements for 

the 2006 PM2.s NAAQS," (78 FR 4337) (January 22, 2013) (EPA's final action on the infrastructure SIP for the 2006 PM2.s 

NAAQS). 

5 On December 14, 2007, the State of Tennessee, through the Tennessee Department of Environment and Conservation, made 

a SIP revision to EPA demonstrating that the State meets the requirements of sections llO(a)(l) and (2). EPA proposed 

action for infrastructure SIP elements (C) and {J) on January 23,2012 (77 FR 3213) and took final action on March 14, 2012 

(77 FR 14976). On Aprill6, 2012 (77 FR 22533) and July 23, 2012 (77 FR 42997), EPA took separate proposed and fmal 

actions on all other section 110(a)(2) infrastructure SIP elements ofTennessee's December 14,2007 submission. 

6 For example, implementation of the 1997 PM2.s NAAQS required the deployment of a system of new monitors to measure 

ambient levels of that new indicator species for the new NAAQS. 

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meet basic structural SIP requirements within three years of promulgation of a new or revised NAAQS. 

EPA also made recommendations about many specific subsections of section 11 O(a)(2) that are relevant 

in the context of infrastructure SIP submissions.9 The guidance also discusses the substantively 

important issues that are germane to certain subsections of section 11 O(a)(2). Significantly, EPA 

interprets sections 110(a)(1) and 110(a)(2) such that infrastructure SIP submissions need to address 

certain issues and need not address others. Accordingly, EPA reviews each infrastructure SIP 

submission for compliance with the applicable statutory provisions of section 11 O(a)(2), as appropriate. 

As an example, section 11 O(a)(2)(E)(ii) is a required element of section 11 O(a)(2) for infrastructure SIP 

submissions. Under this element, a state must meet the substantive requirements of section 128, which 

pertain to state boards that approve permits or enforcement orders and heads of executive agencies with 

similar powers. Thus, EPA reviews infrastructure SIP submissions to ensure that the state's SIP 

appropriately addresses the requirements of section 110(a)(2)(E)(ii) and section 128. The 2013 Guidance 

explains EPA's interpretation that there may be a variety of ways by which states can appropriately 

address these substantive statutory requirements, depending on the structure of an individual state's 

permitting or enforcement program (e.g., whether permits and enforcement orders are approved by a 

multi-member board or by a head of an executive agency). However they are addressed by the state, the 

substantive requirements of section 128 are necessarily included in EPA's evaluation of infrastructure 

SIP submissions because section 11 O(a)(2)(E)(ii) explicitly requires that the state satisfy the provisions 

of section 128. 

As another example, EPA's review of infrastructure SIP submissions with respect to the PSD program 

requirements in sections 11 O(a)(2)(C), (D)(i)(II), and (J) focuses upon the structural PSD program 

requirements contained in part C and EPA's PSD regulations. Structural PSD program requirements 

include provisions necessary for the PSD program to address all regulated sources and New Source 

Review (NSR) pollutants. By contrast, structural PSD program requirements do not include provisions 

.. 

7 EPA notes, however, that nothing in the CAA requires EPA to provide guidance or to promulgate regulations for 

infrastructure SIP submissions. The CAA directly applies to states and requires the submission of infrastructure SIP 

submissions, regardless of whether or not EPA provides guidance or regulations pertaining to such submissions. EPA elects 

to issue such guidance in order to assist states, as appropriate. 

8 "Guidance on Infrastructure State Implementation Plan (SIP) Elements under Clean Air Act Sections llO(a)(l) and 

llO(a)(2)," Memorandum from Stephen D. Page, September 13,2013. 

9 EPA's September 13,2013, guidance did not make recommendations with respect to infrastructure SIP submissions to 

address section llO(a)(2)(D)(i)(l). EPA issued the guidance shortly after the U.S. Supreme Court agreed to review the D.C. 

Circuit decision in EME Homer City, 696 F.3d 7 (D.C. Cir. 2012) which had interpreted the requirements of section 

110(a)(2)(D)(i)(l). In light of the uncertainty created by ongoing litigation, EPA elected not to provide additional guidance on 

the requirements of section 11 O(a)(2)(D)(i)(l) at that time. As the guidance is neither binding nor required by statute, whether 

EPA elects to provide guidance on a particular section has no impact on a state's CAA obligations. 

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infrastructure SIP submission, however, EPA does not think it is necessary to conduct a review of each 

and every provision of a state's existing minor source program (i.e., already in the existing SIP) for 

compliance with the requirements of the CAA and EPA's regulations that pertain to such programs. 

With respect to certain other issues, EPA does not believe that an action on a state's infrastructure SIP 

submission is necessarily the appropriate type of action in which to address possible deficiencies in a 

state's existing SIP. These issues include: (i) existing provisions related to excess emissions from 

sources during periods of startup, shutdown, or malfunction that may be contrary to the CAA and EPA's 

policies addressing such excess emissions ("SSM"); 10 (ii) existing provisions related to "director's 

variance" or "director's discretion" that may be contrary to the CAA because they purport to allow 

revisions to SIP-approved emissions limits while limiting public process or not requiring further 

approval by EPA; and (iii) existing provisions for PSD programs that may be inconsistent with current 

requirements ofEPA's "Final NSR Improvement Rule," 67 FR 80186 (December 31, 2002), as 

amended by 72 FR 32526 (June 13, 2007) ("NSR Reform"). Thus, EPA believes it may approve an . 

infrastructure SIP submission without scrutinizing the totality of the existing SIP for such potentially 

deficient provisions and may approve the submission even if it is aware of such existing provisions. 11 

It is important to note that EPA's approval of a state's infrastructure SIP submission should not be 

construed as explicit or implicit re-approval of any existing potentially deficient provisions that relate to 

the three specific issues just described. 

EPA's approach to review of infrastructure SIP submissions is to identify the CAA requirements that are 

logically applicable to that submission. EPA believes that this approach to the review of a particular 

infrastructure SIP submission is appropriate, because it would not be reasonable to read the general 

requirements of section 11 O(a)(1) and the list of elements in 11 O(a)(2) as requiring review of each and 

every provision of a state's existing SIP against all requirements in the CAA and EPA regulations 

merely for purposes of assuring that the state in question has the basic structural elements for a 

functioning SIP for a new or revised NAAQS. Because SIPs have grown by accretion over the decades 

as statutory and regulatory requirements under the CAA have evolved, they may include some 

outmoded provisions and historical artifacts. These provisions, while not fully up to date, nevertheless 

may not pose a significant problem for the purposes of"implementation, maintenance, and 

enforcement" of a new or revised NAAQS when EPA evaluates adequacy of the infrastructure SIP 

10 Subsequent to issuing the 2013 Guidance, EPA's interpretation of the CAA with respect to the approvability of affmnative 

defense provisions in SIPs has changed. See "State Implementation Plans: Response to Petition for Rulemaking; Restatement 

and Update of EPA's SSM Policy Applicable to SIPs; Findings of Substantial Inadequacy; and SIP Calls To Amend 

Provisions Applying to Excess Emissions During Periods of Startup, Shutdown and Malfunction," 80 FR 33839 (June 12, 

2015). As a result, EPA's 2013 Guidance (p. 21 & n.30) no longer represents the EPA's view concerning the validity of 

affirmative defense provisions, in light of the requirements of section 113 and section 304. 

11 By contrast, EPA notes that if a state were to include a new provision in an infrastructure SIP submission that contained a 

legal deficiency, such as a new exemption or affirmative defense for excess emissions during SSM events, then EPA would 

need to evaluate that provision for compliance against the rubric of applicable CAA requirements in the context of the action 

on the infrastructure SIP. 

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Finally, EPA believes that its approach with respect to infrastructure SIP requirements is based on a 

reasonable reading of sections 110(a)(1) and 110(a)(2) because the CAA provides other avenues and 

mechanisms to address specific substantive deficiencies in existing SIPs. These other statutory tools 

allow EPA to take appropriately tailored action, depending upon the nature and severity of the alleged 

SIP deficiency. Section 11 O(k)(5) authorizes EPA to issue a "SIP call" whenever the Agency determines 

that a state's SIP is substantially inadequate to attain or maintain the NAAQS, to mitigate interstate 

transport, or to otherwise comply with the CAA. 12 Section 11 O(k)(6) authorizes EPA to correct errors in 

past actions, such as past approvals ofSIP submissions. 13 Significantly, EPA's determination that an 

action on a state's infrastructure SIP submission is not the appropriate time and place to address all 

potential existing SIP deficiencies does not preclude EPA's subsequent reliance on provisions in section 

11 O(a)(2) as part of the basis for action to correct those deficiencies at a later time. For example, 

although it may not be appropriate to require a state to eliminate all existing inappropriate director's 

discretion provisions in the course of acting on an infrastructure SIP submission, EPA believes that 

section 11 O(a)(2)(A) may be among the statutory bases that EPA relies upon in the course of addressing 

such deficiency in a subsequent action. 14 

Note: Throughout this section, there are numerous references to Iowa Code 455B, "Jurisdiction of 

Department of Natural Resources." The Iowa Code includes laws enacted by the Iowa General 

Assembly and provides legislative authority for IDNR. Additional information about the Iowa Code 

can be found at http://www.legis. iowa.gov/iowalaw/statutorvlaw. aspx 

The Iowa Administrative Code (lAC) is a composite of all adopted administrative rules. A bi-weekly 

bulletin is published of all proposed and adopted changes and is available through the Iowa 

Department of Natural Resources (IDNR) web site www.iowadnr.gov, or by listserv. The 

12 For example, EPA issued a SIP call to Utah to address specific existing SIP deficiencies related to the treatment of excess 

emissions during SSM events. See "Finding of Substantial Inadequacy oflmplementation Plan; Call for Utah State 

Implementation Plan Revisions," 74 FR 21639 (April18, 2011). 

13 EPA has used this authority to correct errors in past actions on SIP submissions related to PSD programs. See "Limitation 

of Approval of Prevention of Significant Deterioration Provisions Concerning Greenhouse Gas Emitting-Sources in State 

Implementation Plans; Final Rule," 75 FR 82536 (December 30, 20 l 0). EPA has previously used its authority under CAA 

section 110(k)(6) to remove numerous other SIP provisions that the Agency determined it had approved in error. See, e.g., 61 

FR 38664 (July 25, 1996) and 62 FR 34641 (June 27, 1997) (corrections to American Samoa, Arizona, California, Hawaii, 

and Nevada SIPs); 69 FR 67062 (November 16, 2004) (corrections to California SIP); and 74 FR 57051 (November 3, 2009) 

(corrections to Arizona and Nevada SIPs). 

14 See, e.g., EPA's disapproval of a SIP submission from Colorado on the grounds that it would have included a director's 

discretion provision inconsistent with CAA requirements, including section llO(a)(2)(A). See, e.g., 75 FR 42342 at 42344 

(July 21, 2010) (proposed disapproval of director's discretion provisions); 76 FR 4540 (January 26, 2011) (final disapproval 

of such provisions). 

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(A) Emission limits and other control measures: Section 11 O(a)(2)(A) requires SIPs to include 

enforceable emission limits and other control measures, means or techniques, schedules for compliance 

and other related matters as needed to implement, maintain and enforce each NAAQS. 15 

As noted in Iowa's July 29, 2013, SIP submission, Iowa Code 455B.132 ("Executive Agency") 

designates IDNR as the Agency to prevent, abate, or control air pollution. The Environmental Protection 

Commission (EPC) is the governing commission of the environmental services portion of IDNR (Iowa 

Code 455A.6 "Environmental Protection Commission- appointment and duties"). 

The EPC has the duty and authority to develop plans for abatement, control and prevention of air 

pollution in Iowa, which includes emission limits and schedules for compliance. Iowa Code 4558.133.1 

("Duties"). The EPC also adopts, amends, or repeals rules that are necessary to obtain approval of the 

state SIP under section 110 ofthe CAA. Iowa Code 455B.133.2. The EPC is also charged with adopting, 

amending or repealing ambient air quality standards necessary to protect public health and welfare. Iowa 

Code 455B.133.3. It also sets emission limits relating to the maximum quantities of air contaminants 

that may be emitted from an air contaminant source. Iowa Code 4558.133.4. Administrative rules 

establish schedules for compliance with emission limits (567 lAC Chapter 21 -Compliance). 

IDNR has adopted the 1997 PM2.s annual standard and the 2006 PM2.s 24-hour standard, as specified in 

40 CFR 50.7(a) and 50.13(a), into 567 Iowa Administrative Code Chapter 28. See 567 lAC 28.1. EPA is 

proposing to approve Iowa's adoption of the 1997 PM2.s annual standard and the 2006 PM2.s 24-hour 

standard into the SIP. 

Based upon review of the state's infrastructure SIP submissions for the 1997 and 2006 PM2.s NAAQS, 

and relevant statutory and regulatory authorities and provisions referenced in the submissions or 

referenced in Iowa's SIP, EPA believes that Iowa has the adequate infrastructure needed to address 

section II O(a)(2)(A) for the 1997 and 2006 PM2.s NAAQS and is proposing to approve this element of 

the March 31, 2008 and July 29, 2013 SIP submissions. 

(B) Ambient air quality monitoring/data system: Section 110(a)(2)(B) requires SIPs to include 

provisions to provide for establishment and operation of ambient air quality monitors, collection and 

analysis of ambient air quality data, and making these data available to EPA upon request. 

15 The specific nonattainment area plan requirements of section 11 O(a)(2)(I) are subject to the timing requirements of section 

172, not the timing requirement of section IIO(a)(l). Thus, section 110(a)(2)(A) does not require that states submit 

regulations or emissions limits specifically for attaining the 2008 Pb NAAQS. Those SIP provisions are due as part of each 

state's attainment plan, and will be addressed separately from the requirements of section II O(a)(2)(A). In the context of an 

infrastructure SIP, EPA is not evaluating the existing SIP provisions for this purpose. Instead, EPA is only evaluating 

whether the state's SIP has basic structural provisions for the implementation of the NAAQS. 

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Ambient air monitoring is implemented with agreements with the University of Iowa's State Hygienic 

Laboratory, the Linn County local program, and the Polk County local program. The ambient air quality 

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

submits annual monitoring network plans to EPA for approval, including plans for its PMz.s monitoring 

network, as required by 40 CFR 58.1 0. Prior to submission to EPA, Iowa makes the plan available for 

public review on IDNR's web site at 

(http://www .iowadnr. gov/InsideDNR/RegulatoryAir/MonitoringArnbientAir .aspx. IDNR also conducts 

five-year monitoring network assessments as required by 40 CFR 58.1 O(d). Furthermore, Iowa submits 

air quality data to EPA's Air Quality System, pursuant to the provisions ofthe state's grant work plans 

developed in conjunction with EPA. This data determines if the network site monitors are in compliance 

with the NAAQS. 

IDNR operates 21 PMz.s monitors in Iowa in accordance with the current PMz.s monitoring 

requirements. Ambient concentrations ofPMz.s are measured in accordance with the applicable federal 

regulations in 40 CFR Part 50, Appendix L, or equivalent methods as approved by EPA pursuant to 40 

CFR Part 53. 

Based upon review of the state's infrastructure SIP submissions for the 1997 and 2006 PMz.s NAAQS, 

and relevant statutory and regulatory authorities and provisions referenced in the submissions or 

referenced in Iowa's SIP, EPA believes that Iowa has the adequate infrastructure needed to address 

section 11 O(a)(2)(B) for the 1997 and 2006 PMz.s NAAQS and is proposing to approve this element of 

the March 31, 2008 and July 29, 2013 SIP submissions. 

(C) Program for enforcement of control measures (PSD, New Source Review for nonattainment areas, 

and construction and modification of all stationary sources): Section 11 O(a)(2)(C) requires states to 

include the following three elements in the SIP: (1) a program providing for enforcement of measures 

described in section 11 O(a)(2)(A); (2) a program for the regulation of the modification and construction 

of stationary sources as necessary to protect the applicable NAAQS (i.e., state-wide permitting of minor 

sources); and (3) a permit program to meet the major source permitting requirements of the CAA (for 

areas designated as attainment or unclassifiable for the NAAQS in question). 16 

1. Enforcement of SIP Measures. With respect to enforcement of requirements ofthe SIP, Iowa 

Code 455B.133 "Duties" and 567 lAC Chapter 10- "Administrative Penalties," provides authority for 

IDNR to establish the schedule or range of civil penalties, and the director has the duty and authority to 

issue orders consistent with the administrative rules to control air pollution and ensure compliance with 

permit conditions. The EPC approves administrative rules that establish, by rule, a schedule or range of 

civil penalties which may be administratively assessed (Iowa Code 455B.1 09 "Schedule of Fines -

16 As discussed previously, this infrastructure SIP rulemaking will not address the Iowa program for nonattainment area 

related provisions, since EPA considers evaluation of these provisions to be outside the scope of infrastructure SIP actions. 

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The IDNR pre-construction permit program reviews design and performance objectives for sources of 

air contaminants to determine likely compliance with state and federal requirements, and to assure that emission standards shall not cause or contribute to a violation of the PMz.s NAAQS. No air contaminant 

source shall be installed, altered so that it significantly affects emissions, or placed in use unless a 

construction permit has been issued for that source. Iowa Code 455B.l34(3)a. See also 567 lAC 22.1(1) 

("no person shall construct, install, reconstruct or alter any equipment ... without first obtaining a 

construction permit."). 

In this action, EPA is proposing to approve Iowa's infrastructure SIP submissions for the 1997, and 

2006 PMz.s NAAQS with respect to the general requirement in section 110(a)(2)(C) to include a 

program in the SIP that regulates the modification and construction of any stationary source as necessary 

to ensure the NAAQS are achieved. In this action, EPA is not proposing to approve or disapprove the 

state's existing minor NSR program to the extent that it is inconsistent with EPA's regulations 

governing this program. EPA has maintained that the CAA does not require that new infrastructure SIP 

submissions correct any defects in existing EPA-approved provisions of minor NSR programs in order 

for EPA to approve the infrastructure SIP for element (C) (e.g., 76 FR 41076-41079). 

3. Prevention of Significant Deterioration (PSD) permit program. Iowa has a PSD permitting 

program approved by EPA as meeting the requirements of part C, relating to the prevention of 

significant deterioration of air quality. In order to demonstrate that Iowa has met this sub-element, this 

PSD program must cover requirements not just for the 1997 and 2006 PMz.s NAAQS, but for all other 

regulated NSR pollutants as well. To implement the PSD permitting component of section 11 O(a)(2)(C) 

for the 1997 and 2006 PMz.s NAAQS, states were required to submit the necessary SIP revisions to EPA 

by May 16,2011, and July 20,2012, pursuant to EPA's NSR PMz.s Implementation Rule (2008 NSR 

rule), (73 FR 28321, May 16, 2008) and EPA's PMz.s Increment-SILs-SMC Rule, (75 FR 64864, 

October 20, 201 0). The January 4, 2014, court decision remanding the 2008 rule does not impact the 

EPA's action to this element. 

The 2008 NSR Rule finalized several new requirements for SIPs to address sources that emit direct 

PMz.s and other pollutants that contribute to secondary PMz.s formation. One of these requirements is for 

NSR permits to address pollutants responsible for the secondary formation ofPMz.s, otherwise known as 

precursors. In the 2008 NSR Rule, the EPA identified precursors to PMz.s for the PSD program to 

include sulfur dioxide (SOz) and nitrogen oxide (NOx) (unless the state demonstrates to the 

Administrator's satisfaction or EPA demonstrates that NOx emissions in an area are not a significant 

contributor to that area's ambient PMz.s concentrations). 73 FR 28325. The 2008 NSR Rule also 

specified that volatile organic compounds (VOCs) are not considered to be precursors to PMz.s in the 

PSD program unless the state demonstrates to the Administrator's satisfaction or EPA demonstrates that 

emissions ofVOCs in an area are significant contributors to that area's ambient PMz.s concentrations. 

10 
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; 

py 

; 

40 tpy ofNOx (unless the state demonstrates to the Administrator's satisfaction or EPA demonstrates 

that NOx emissions in an area are not a significant contributor to that area's ambient PM2.s 

concentrations). 

Another provision of the 2008 NSR Rule requires states to account for gases that could condense to 

form particulate matter, known as condensables, for applicability determinations and in establishing 

emission limits for PM2.s and PM 1o 17 in NSR permits. EPA provided that states were required to account 

for PM2.s and PM1o condensables beginning on or after January 1, 2011. This requirement is currently 

codified in 40 CFR 51.166(b)(49)(i)(a) and 40 CFR 52.21(b)(50)(i)(a). Revisions to states' PSD 

programs incorporating the inclusion of condensables were required to be submitted to EPA by May 16, 

2011 (73 FRat 28341). 

The definition of"regulated NSR pollutant" in the PSD provisions of the 2008 rule inadvertently 

required states to also account for the condensable PM fraction with respect to one indicator of PM 

referred to as "particular matter emissions." The term "particulate matter emissions" includes PM2.s and 

PM 10 particles as well as larger particles, and is an indicator for PM that has long been used for 

measuring PM under various New Source Performance Standards (NSPS) ( 40 CFR part 60). 18 A similar 

provision addressing condensables was added to the Nonattainment NSR SIP provisions of the 2008 

NSR Rule but does not include a requirement to account for "particulate matter (PM) emissions" in all 

cases (40 CFR 51.165(a)(l)(xxxvii)(D)). On October 12,2012, EPA finalized a rulemaking to amend 

the definition of "regulated NSR pollutant" promulgated in the NSR PM2.s Rule regarding the PM 

condensable provision currently at 40 CFR 51.166(b)(49)(i)(a), 52.21(b)(50)(i)(a), and EPA's Emissions 

Offset Interpretative Ruling. 77 FR 65107. The rulemaking removes the inadvertent requirement in the 

2008 NSR Rule that the measurement of condensables be generally included as part of the measurement 

and regulation of"particulate matter emissions."19 

On March 14,2014 (79 FR 14402), EPA took action to approve Iowa's request to amend the SIP to 

meet the 2006 PM2.s N AAQS implementation requirements of the May 16, 2008, NSR PM2.s Rule as 

described above. In this SIP revision, Iowa adopted rule revisions to establish (1) the requirement for 

NSR permits to address directly emitted PM2.s and precursor pollutants; and (2) significant emission 

17 PM10 refers to particles with diameters between 2.5 and 10 microns, oftentimes referred to as "coarse" particles. 

18 In addition to the NSPS for PM, it is noted that states regulated "particulate matter emissions" for many years in their SIPs 

for PM, and the same indicator has been used as a surrogate for determining compliance with certain standards contained in 

40 CFR part 63, regarding National Emission Standards for Hazardous Air Pollutants. 

19 The change finalized in that action does not mean that EPA has entirely exempted the inclusion of the condensable PM 

fraction as part of accounting for "particulate matter emissions." It may be necessary for PSD sources to count the 

condensable PM fraction with regard to "particulate matter emissions" where either the applicable NSPS compliance test 

includes the condensable PM fraction or the applicable implementation plan requires the condensable PM fraction to be 

counted. 77 FR 65112. 

11 
pollutants in PSD permits. For example, if a state lacks provisions needed to address NOx as a precursor 

to ozone, the provisions of section 110(a)(2)(C) requiring a suitable PSD permitting program for PM2.s 

will not be considered to be met. 

Iowa's implementing PSD permitting rule is 567 lAC Chapter 33 - "Special Regulations and 

Construction Permit Requirements for Major Stationary Sources- Prevention of Significant 

Deterioration (PSD) of Air Quality." This chapter implements the major NSR program contained in Part 

C ofTitle I ofthe federal CAA as amended on November 15, 1990, and as promulgated under 40 CFR 

Parts 51.166 and 52.21. EPA previously approved these provisions into the Iowa SIP. See 72 FR 27056 

(May 14, 2007). 

The requirements for the nonattainment major NSR program for all NAAQS, including PM2.s, are set 

forth in 567 lAC 31.3, "Nonattainment New Source Review Requirements for Areas Designated 

Nonattainment on or After May 18, 1998," and 567 lAC 31.20 "Special Requirements for 

Nonattainment Areas Designated Before May 18, 1998" (Originally Adopted in 567-22.5). However, 

because EPA considers nonattainment area provisions to be outside the scope of infrastructure SIP 

actions, these provisions are not addressed in this rulemaking. 

IDNR issues all PSD permits in the state of Iowa on a pollutant-by-pollutant basis. In addition to 

construction permit information, rules and statutes previously discussed in (C)(2), pre-application 

meetings between facilities and IDNR are encouraged, especially for major source facilities. 

Based upon review of the state's infrastructure SIP submissions for the 1997 and 2006 PM2.s NAAQS, 

and relevant statutory and regulatory authorities and provisions referenced in the submissions or 

referenced in Iowa's SIP, EPA believes that Iowa has the adequate infrastructure needed to address 

section 110(a)(2)(C) for the 1997 and 2006 PM2.s NAAQS and is proposing to approve this element of 

the March 31, 2008 and July 29, 2013 SIP submissions. 

(D) Interstate and international transport: Section 110(a)(2)(D)(i) includes four requirements referred 

to as prongs 1 through 4. Prongs 1 and 2 are provided at section 110(a)(2)(D)(i)(I); Prongs 3 and 4 are 

provided at section 110(a)(2)(D)(i)(Il). Section 110(a)(2)(D)(i)(l) requires SIPs to include adequate 

provisions prohibiting any source or other type of emissions activity in one state from contributing 

significantly to nonattainment, or interfering with maintenance, of any NAAQS in another state. Section 

11 O(a)(2)(D)(i)(Il) requires SIPs to include adequate provisions prohibiting any source or other type of 

emissions activity in one state from interfering with measures required of any other state to prevent 

significant deterioration of air quality or to protect visibility. 

12 
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respectively. Section 126(a) of the CAA requires new or modified sources to notify neighboring states 

of potential impacts from sources within the state. Although Iowa sources have not been identified by 

EPA as having any interstate or international impacts under section 126 or section 115 in any pending 

actions relating to the 1997 and 2006 PM2.s NAAQS, the Iowa regulations address abatement of the 

effects of interstate pollution. Section 110(a)(2)(D)(ii) is addressed by IDNR's implementation of the 

federally-approved pre-construction permit review, and PSD permit program notification requirements 

for Federal Class I areas. Specifically, EPA, as well as officials and agencies having cognizance where 

the proposed construction is to occur are notified of the pending permit. This includes state or local air 

pollution control agencies, chief executives of the city and county where the source would be located, 

any comprehensive regional land use planning agency; and any state, Federal Land Manager, or Indian 

governing body whose lands may be affected by emissions from the source or modification. Finally, 

with respect to section 126(b )-(c), EPA believes that while Iowa could use the same statutory authorities 

previously discussed, primarily lAC 567 Chapter 22, at this time no source in Iowa is subject to an 

active finding under section 126 with respect to the 1997 or 2006 PM2.s NAAQS. 

Section 115 ofthe CAA authorizes EPA to require a state to revise its SIP under certain conditions to 

alleviate international transport into another country. There are no final findings under section 115 of the 

CAA against Iowa with respect to any air pollutant. Thus, the state's SIP does not need to include any 

provisions to meet the requirements of section 115. 

Based upon review of the state's infrastructure SIP submissions for the 1997 and 2006 PM2.s NAAQS, 

and relevant statutory and regulatory authorities and provisions referenced in the submissions or 

referenced in Iowa's SIP, EPA believes that Iowa has the adequate infrastructure needed to address 

section 110(a)(2)(D)(i)(II), prong 3 for the 1997 and 2006 NAAQS and is proposing to approve this 

element of the March 31, 2008 and July 29, 2013, SIP submissions. 

(E) Adequate authority, resources, implementation, and oversight: Section 110(a)(2)(E) requires that 

SIPs provide for the following: (1) necessary assurances that the state (and other entities within the state 

responsible for implementing the SIP) will have adequate personnel, funding, and authority under state 

or local law to implement the SIP, and that there are no legal impediments to such implementation; (2) 

requirements that the state comply with the requirements relating to state boards, pursuant to section 128 

of the CAA; and (3) necessary assurances that the state has responsibility for ensuring adequate 

implementation of any plan provision for which it relies on local governments or other entities to carry 

out that portion of the plan. 

(1) Section 110(a)(2)(E)(i) requires states to establish that they have adequate personnel, funding and 

authority. With respect to adequate authority, we have previously discussed Iowa's statutory and 

regulatory authority to implement the 1997 and 2006 PM2.s NAAQS, primarily in the discussion of 

section 11 O(a)(2)(A) above. Neither Iowa nor EPA has identified any legal impediments in the state's 

SIP to implementation of the NAAQS. 

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Permits, and Program Development. These sections are under the supervision of the Bureau Chief. The 

Legal Services Bureau provides legal counsel to IDNR, the EPC and the Natural Resource Commission. 

Funding and authority to implement the SIP is outlined in the discussion on 110(a)(2)(A). The 

program's budget is funded by the State General Fund, EPA grants authorized under CAA sections 103 

and 105, and Title V fees. Information with regard to Title V fees is provided under section 

110(a)(2)(L). EPA conducts periodic program reviews to ensure that the state has adequate resources 

and funding to implement the SIP. 

(2) Section 110(a)(2)(E)(ii) requires that each state SIP meet the requirements ofCAA section 128, 

relating to representation on state boards and conflicts of interest by members of such boards. Section 

128(a)(1) requires that any board or body which approves permits or enforcement orders under the CAA 

must have at least a majority of members who "represent the public interest" and "do not derive any 

significant portion of their income from persons subject to permits and enforcement orders under the 

CAA." Section 128(a)(2) requires that members of such a board or body, or the head of an agency with 

similar powers, adequately disclose any potential conflicts of interest. 

On November 2, 2015, EPA approved Iowa's SIP revision addressing section 128 requirements (80 FR 

67335). The effective date for this approval was December 2, 2015. For a detailed analysis with regard 

to Iowa's laws and regulations that satisfy the requirements of section 128, see EPA's supporting 

documents (technical support document) in the docket for that rulemaking. 

(3) With respect to assurances that the state has responsibility to adequately implement the SIP when 

it authorizes local or other agencies to carry out portions of the plan, this is addressed in Iowa Code 

455B.l44, "Local Control Program," 4558.145, "Acceptance ofLocal Program," and 4558.146, "Civil 

Action for Compliance- Local Program Actions." 

IDNR delegated the duties for the abatement, control and prevention of air pollution to the Linn County 

Health Department Air Quality Division and the Polk County Board of Health, Air Quality Division, for 

each ofthe counties in 1989 (54 FR 33526, August 15, 1989, and 54 FR 33528, August 15, 1989, 

respectively). This authority is not to be construed to limit the power of the IDNR director to issue state 

permits or to take other actions necessary for the continued proper administration of the air pollution 

programs. 

IDNR and the Linn and Polk County local air programs annually negotiate and sign comprehensive 

letters of agreement or contracts with IDNR. Program emphasis is placed on the collection and 

assessment of information regarding air quality, permitting of sources of air emissions, enforcement of 

emission limits, and the attainment and maintenance of ambient air quality standards. With regard to 

PSD permits, local programs can draft permits, but IDNR retains the authority to issue PSD permits. 

14 
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section 11 O(a)(2)(E) for the 1997 and 2006 NAAQS and is proposing to approve this element of the 

March 31,2008 and July 29,2013 SIP submissions. 

(F) Stationary source monitoring system: Section 110(a)(2)(F) requires states to establish a system to 

monitor emissions from stationary sources and to submit periodic emission reports. Each SIP shall 

require the installation, maintenance, and replacement of equipment, and the implementation of other 

necessary steps, by owners or operators of stationary sources, to monitor emissions from such sources. 

The SIP shall also require periodic reports on the nature and amounts of emissions and emissions-related 

data from such sources, and requires that the state correlate the source reports with emission limitations 

or standards established under the CAA. These reports must be made available for public inspection at 

reasonable times. 

The federally-approved SIP, 567 lAC Chapter 25 - "Measurement of Emissions," provides detailed 

requirements for owners or operators of stationary sources to monitor emissions. Stack testing 

observation (Iowa Code 455B.134(4) "Director-- Duties- Limitations") ensures the quality of 

emissions data and uses the data to determine compliance with emission limits. The data quality may be 

assured through field test audits and reviewing test reports by IDNR personnel. The field audits consist of making sure the correct methodology is followed, approving on-site variations, ensuring the tested 

emission source is operating in an acceptable manner, and answering questions posed by the testing 

group and the facility. The report review verifies the test results by checking the calculations and lab 

analysis. A stack test summary is generated and the compliance status of the emission point is 

determined. 

IDNR also receives and reviews annual compliance certification and semi-annual monitoring reports 

required under the Title V program (Iowa Code 455B.133(8), 567 lAC Chapter 22- "Controlling 

Pollution") Information collected through emission inventories are submitted to EPA in accordance 

with the Federal Air Emissions Reporting rule. 

IDNR uses this information to track progress towards maintaining the NAAQS, developing control and 

maintenance strategies, identifying sources and general emission levels, and determining compliance 

with emission regulations and additional EPA requirements. The reports are available to the public at the 

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

Based upon review ofthe state's infrastructure SIP submissions for the 1997 and 2006 PM2.s NAAQS, 

and relevant statutory and regulatory authorities and provisions referenced in the submissions or 

referenced in Iowa's SIP, EPA believes that Iowa has the adequate infrastructure needed to address 

section 110(a)(2)(F) for the 1997 and 2006 PM2.s NAAQS and is proposing to approve this element of 

the March 31,2008 and July 29,2013 SIP submissions. 

15 
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previously approved into the SIP. These regulations include guidance criteria for pollutant levels and 

control strategies for alerts (table III), warnings (Table IV), and emergencies (Table V). 

With respect to contingency plan requirements of section 110(a)(2)(G), EPA's 2013 Guidance made 

cited earlier PM2.s guidance that included recommendations for how states may elect to approach this 

issue. In that PM2.s guidance, EPA recommended that, where a state can demonstrate that PM2.s levels 

have remained below 140.4 micrograms per cubic meter, the state is not required to develop a 

contingency plan to satisfy element (G). EPA believes that this is a reasonable interpretation of the 

statute and addresses the PM2.s NAAQS in a way analogous to other NAAQS pollutants. PM2.s 

monitoring data from monitors across the state have shown that 24-hour PM2.s values have not exceeded 

140.4 micrograms per cubic meter in Iowa. Therefore, Iowa is not required to develop a contingency 

plan for PM2.s at this time. 

Based upon review of the state's infrastructure SIP submissions for the 1997 and 2006 PM2.s NAAQS, 

and relevant statutory and regulatory authorities and provisions referenced in the submissions or 

referenced in Iowa's SIP, EPA believes that Iowa has the adequate infrastructure needed to address 

section 11 O(a)(2)(G) for the 1997 and 2006 PM2.s NAAQS and is proposing to approve this element of 

the March 31, 2008 and July 29, 2013 SIP submissions. 

(H) Future SIP revisions: Section 110(a)(2)(H) requires states to have the authority to revise their SIPs 

in response to changes in the NAAQS, availability of improved methods for attaining the NAAQS, or in 

response to an EPA finding that the SIP is substantially inadequate to attain the NAAQS. 

As previously discussed, Iowa Code 455B.132 "Executive Agency," designates IDNR as the Agency to 

prevent, abate, or control air pollution. The EPC is the governing commission of the environmental 

services portion of IDNR (Iowa Code 455A.6 "Environmental protection commission- appointment 

and duties"). 

The EPC has the duty and authority to develop plans for abatement, control and prevention of air 

pollution, which includes emission limits and schedules for compliance. As outlined in Iowa Code 

455B.133 "Duties" 1-4, the EPC also adopts, amends, or repeals emission limits relating to the 

maximum quantities of air contaminants that may be emitted from an air contaminant source. 

IDNR is required to adopt, amend or repeal rules pertaining to the evaluation, abatement, control and 

prevention of air pollution which may be necessary to ensure that Iowa complies with section 11 0 of the 

CAA (Iowa Code 455B.133 "Duties" (2)). This includes a requirement to revise rules as necessary to 

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

16 
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maximum quantities of a pollutant that can be emitted from a source. 

By November 1 of the same calendar year, IDNR shall submit a report to the governor and the general 

assembly regarding recommendations for law changes necessary for the attainment of the new or revised 

NAAQS. IDNR acts accordingly on the Iowa legislature recommendations. 

Based upon review ofthe state's infrastructure SIP submissions for the 1997 and 2006 PM2.sNAAQS, 

and relevant statutory and regulatory authorities and provisions referenced in the submissions or 

referenced in Iowa's SIP, EPA believes that Iowa has the adequate infrastructure needed to address 

section 110(a)(2)(H) for the 1997 and 2006 PM2.s NAAQS and is proposing to approve this element of 

the March 31, 2008 and July 29, 2013 SIP submissions. 

(/) Nonattainment areas: Section 110(a)(2)(I) requires that in the case of a plan or plan revision for 

areas designated as nonattainment areas, states must meet applicable requirements of part D of the CAA, 

relating to SIP requirements for designated nonattainment areas. 

As noted earlier, EPA does not expect infrastructure SIP submissions to address subsection (I). The 

specific SIP submissions for designated nonattainment areas, as required under CAA title I, part D, are 

subject to different submission schedules than those for section 110 infrastructure elements. Instead, 

EPA will take action on part D attainment plan SIP submissions through a separate rulemaking governed 

by the requirements for nonattainment areas, as described in part D. 

(J) Consultation with government officials, public notification, PSD and visibility protection: Section 

11 O(a)(2)(J) requires SIPs to meet the applicable requirements of the following CAA provisions: (1) 

section 121, relating to interagency consultation regarding certain CAA requirements; (2) section 127, 

relating to public notification ofNAAQS exceedances and related issues; and (3) part C of the CAA, 

relating to prevention of significant deterioration of air quality and visibility protection. 

(1) With respect to section 121, the SIP should provide a process for consultation with generalpurpose local governments, designated organizations of elected officials of local governments, and any 

Federal Land Manager having authority over federal land to which the SIP applies. 

IDNR has the duty and authority and resources to meet the requirements of section 121 including 

consultation for transportation controls, air quality maintenance plan requirements, or preconstruction 

review. IDNR is also required to provide a satisfactory process of consultation with local government, 

designated organizations of elected officials of local governments such as council of governments, and 

applicable federal land managers to carry out the consultation requirements of section 121 

(4558.133(1,4)). 

17 
(2) With regard to section 127 of the CAA, "Public Notification," IDNR has the duty, authority, and 

resources to meet the requirements of this section to notify the public regarding exceedances of the 

NAAQS which include public awareness measures which can be taken to prevent exceedances 

( 455B.l33 "Duties" (2), 4558.134 "Director - Duties - Limitations" (7)). 

Through 455B.133(2) and 455B.134(7), Iowa has the authority to address emergency episodes and 

provide public notification of elevated PM2.s and other air pollutant levels, and measures which can be 

taken by the public to reduce concentrations. In addition, information regarding air pollution and related 

issues, is provided on an IDNR website, 

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

(3) With regard to consultation with regard to PSD and visibility protection, IDNR provides a copy 

of a PSD permit to EPA prior to the start of the public comment process. Public notifications of 

proposed PSD projects are published in the Des Moines Register's Legal Publications and in the legal 

publication section of the newspaper with the largest circulation in the area of the PSD source. The 

notification contains the notice of application; preliminary determination; degree of increment 

consumption; opportunity for comment at a public hearing as well as written comment. A copy of the 

notice of public comments is then sent to the applicant; the regional EPA office, the IDNR Field Offices; 

and officials and agencies having an interest in the proposed construction. Examples of such officials 

and agencies include but are not limited to the following: chief executives of the city and county (i.e., 

mayor, city administrator, board of supervisors, health department); any comprehensive regional land 

use planning agency; state or federal land manager and any Indian governing body whose lands may be 

affected by the emissions from the source or modification (567 lAC Chapter 33.3(17)- "Special 

Regulations and Construction Permit Requirements for Major Stationary Sources - Prevention of 

Significant Deterioration (PSD) of Air Quality. 

With respect to the visibility component of section 11 O(a)(2)(J), the PSD requirement for this element 

are the same as those addressed under element (C) above. EPA recognizes that states are subject to 

visibility and regional haze program requirements under part C of the CAA. However, when EPA 

establishes or revises a NAAQS, these visibility and regional haze requirements under part C do not 

change. EPA believes that there are no new visibility protection requirements under part C as a result of 

a revised NAAQS. Therefore, there are no newly applicable visibility protection obligations pursuant to 

element J after the promulgation of a new or revised NAAQS. 

Based upon review of the state's infrastructure SIP submissions for the 1997 and 2006 PM2.s NAAQS, 

and relevant statutory and regulatory authorities and provisions referenced in the submissions or 

referenced in Iowa's SIP, EPA believes that Iowa has the adequate infrastructure needed to address 

section 11 O(a)(2)(J) for the 1997 and 2006 PM2.s NAAQS and is proposing to approve this element of 

the March 31, 2008 and July 29, 2013 SIP submissions. 

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project would result in violation of emission limits or other provisions in the federally-approved SIP. 

Air dispersion modeling allows the impacts of the pollution from a proposed air pollution source to be 

determined before a source is constructed or modified. The air dispersion modeling is conducted with an 

EPA-approved model that uses mathematical formulations and information about the source emissions 

along with the local terrain and meteorological data to predict pollutant concentrations at locations 

selected by the user. 

Modeling is conducted in accordance with Department's modeling guidelines and with Appendix W of 

40 CFR Part 51. IDNR has the authority to collection and report data to EPA, upon request (Iowa Code 455B.l34 "Director- Duties- Limitations" (5, 7)). 

Based upon review of the state's infrastructure SIP submissions for the 1997 and 2006 and PM2.s 

NAAQS, and relevant statutory and regulatory authorities and provisions referenced in the submissions 

or referenced in Iowa's SIP, EPA believes that Iowa has the adequate infrastructure needed to address 

section 11 O(a)(2)(K) for the 1997 and 2006 PM2.s NAAQS and is proposing to approve this element of 

the March 31, 2008 and July 29, 2013 SIP submissions. 

(L) Permitting Fees: Section 110(a)(2)(L) requires SIPs to require each major stationary source to pay 

permitting fees to the permitting authority, as a condition of any permit required under the CAA, to 

cover the cost of reviewing and acting upon any application for such a permit, and, if the permit is 

issued, the costs of implementing and enforcing the terms of the permit. The fee requirement applies 

until a fee program established by the state pursuant to Title V of the CAA, relating to operating permits, 

is approved by EPA. The Title V program requires permit holders to pay a fee sufficient to cover all reasonable direct and 

indirect costs required to develop and administer the Title V program requirements (42 U.S.C. 7661a). 

The CAA (Section 502(b)(3)(A)) and the Code ofFederal Regulations (40 CFR 70.9) outlines expected 

Title V program activities and allows states some flexibility in how they design their Title V programs 

and fee schedules. IDNR uses the EPA guidance, "Matrix ofTitle V-Related and Air Grant Eligible 

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

of a Title V operating permit program (Iowa Code 455B.l33 "Duties" (8)). 

In Iowa, the Title V fee is currently based on the first 4,000 chargeable tons of each regulated air 

pollutant emitted each year from each major stationary source. No fees are paid for emissions in excess 

of 4,000 tons of each regulated air pollutant or on carbon monoxide emissions. Fees are deposited into 

the air contaminant source fund (Iowa Code 455B.133B "Air Contaminant Source Fund Created.") 

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referenced in Iowa's SIP, EPA believes that Iowa has the adequate infrastructure needed to address 

section 11 O(a)(2)(L) for the 1997 and 2006 PM2.s NAAQS and is proposing to approve this element of 

the March 31, 2008 and July 29, 2013 SIP submissions. 

(M) Consultation/participation by affected local entities: Section 110(a)(2)(M) requires SIPs to provide 

for consultation and participation by local political subdivisions affected by the SIP. 

IDNR has delegated authority to Linn County Health Department Air Quality Division and the Polk 

County Public Works Air Quality Division (local programs) to conduct programs for the abatement, . 

control, and prevention of air pollution in their respective counties (Iowa Code 4558.144 "Local Control 

Program," 4558.145 "Acceptance of Local Program," and 455B.146 "Civil Action for ComplianceLocal Program.") 

The local programs are required to meet all the requirements of 567 lAC Chapter 27- "Certificate of 

Acceptance" to keep their status. The local programs issue pennits, perform compliance inspections, 

respond to air quality complaints, and maintain a network of monitors for ambient air in each respective 

county. 

The local programs have adopted air quality ordinances for their areas of jurisdiction to implement 

federal, state, and local air pollution control requirements. The ordinances cannot be less stringent than 

federal or state standards; however, they can be more stringent. The ordinances are incorporated into the 

SIP in the same manner that the lAC is incorporated in the SIP. Local program rulemakings are also 

published on the IDNR's website and the Iowa Administrative Bulletin. 

Each year IDNR negotiates an agreement to pass through federal funds and provide Title V funds 

sufficient to implement the programs. Revenue from local fee systems provides additional funding and 

required match to a portion of the pass through federal funds. The contracts are approved by the EPC for 

each new state fiscal year. IDNR conducts periodic audits to ensure the local programs are meeting all 

requirements of the contract. 

Both the IDNR and the local programs' administrative processes provide a public comment period. The 

comment period provides an opportunity for the public and other local political subdivisions that may be affected by the plan to comment. IDNR frequently holds public meetings, like the quarterly air quality 

client contact meetings, of which local programs participate. The open forum allows all stakeholders and 

the general public to dialogue on a variety of topics. The IDNR also communicates using press releases, 

online reports and list serves. 

20 
Record of Rulemaking 

Iowa De artment of Natural Resources 

Notice oflntended Action February 22 and 25, 2008 

Public Hearin March 24, 2008 

Rule ackage received by EPA March 31, 2008 

Com leteness determination Se tember 30, 2008 

Submission 2-2006 PM2.s iSIP: EPA is not acting on 110(a)(2)(D)(i)(I) prongs 1 and 2, 

and 110(a)(2)(D)(i)(II), prong 4. 

Record of Rule making 

Iowa Department of Natural Resources 

Notice of Intended Action June 12, 2013 

Public Hearing July 15, 2013 

Effective date of regulations July 23, 2013 

Rule package received by EPA July 29, 2013 

Completeness determination January 29, 2014 

21