# LINN COUNTY PUBLIC HEALTH

James Hodina, Environmental Services Direct or Environmental Services Division Shane Dodge, Branch Manager Air Quality Branch

501 13 th Street NW, Cedar Rapids, Iowa 52405 Tel (319) 892-6000 Fax (319) 892-6099

www.linncl eanair.org August 30, 2012

Mr. Jim McGraw Environmental Program Supervisor Iowa DNR Air Quality Bureau 7900 Hickman Rd., Suite 1 Windsor Heights, IA 50324

Subject: Linn County Code of Ordinances #8-8-2012 St ate Implementation Plan (SIP) Approval Request

Dear Mr. McGraw:

Enclosed, please find Linn County’s 2012 air quality code revisions to Chapter 10 of the Linn County Code of Ordinances for inclusion in the Iowa SIP. Enclosed is the following supporting documents: 1. Signed Final Ordinance Page / Notice of Final Ordinance Affidavit 2. Red-line version of ordinance changes as proposed during the public comment period

3. Minutes from considerations of the ordinance 4. Notice of Public Hearing Affidavit

If you have any questions or need any additional inform ation feel free to contact me at (319) 892-

6013 or anthony.daugherty@linncounty.org

.

Sincerely,

Anthony J. Daugherty Senior Air Quality Scientist

cc: Shane Dodge, Manager Air Quality Division, LCPH Wendy Walker, Environmental Specialist Senior, IDNRHome

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Agenda & Minutes 

### Board of Supervisors Work Session

Calendar

Department: Board of Supervisors

Date: Jul 30, 2012 at 9:00 AM

This meeting will be in the Informal Board Room on the lower leve l of the Jean Oxley Linn County Public Service Center, 935 Sec ond Street SW, Cedar Rapids, Iowa.

For questions regarding the Board's agenda or meetings, contact Jan Every at 319-892-5117 or jan.every@linncounty.org

.

Agenda

PUBLIC COMMENT: 5 Minute Limit This comment period is for the public to address topics on today’s agenda.

A PPROVE MINUTES

Public Hearing and First Consideration of proposed changes to the Air Quality Ordinance, Chapter 10, Sections 1, 5, 6, 10 and 2 8 of the Linn County Code of Ordinances.

Public hearing on real property lease with Jane Boyd Community Hous e for 685 square feet of office space and shared conference room and reception area from July 1, 2012 to Se ptember 30, 2013 in the am ount of $1714 per month.

A uthorize Chairperson to sign real property lease with Jane Boyd Community House for 685 square feet of office space and shared conference room and reception area from July 1, 2012 to September 30, 2013 in the amount of $1714 per month.

A uthorize Chairperson to sign Certificate of Se lf Insurance for insurance coverage from July 1, 2012 to September 30, 2013 for 6 85 square feet of leased office space and shared conference ro om and reception area in the Jane Boyd Community House, 943 Fourteenth Avenue SE, Cedar Rapids -- the Jane Boyd Community H ouse, Certificate Holder; Linn County, its Elected Officials, Employees and Agents, Insured.

Discuss voluntary vision insurance for FY13. Linn County Assessor -- Discuss and Approve Homestead Exempt ions and Military Credits recommended for disallowance. City of Cedar Rapids Assessor -- Discuss and Approve Homestead Exem ptions and Military Credits recommended for disallowance.

Discuss support for AmeriCorps Program as an economic development opportunity.

Presentation on Tempor ary Use Case TU-05-12, request of Barb & Dan P ederson, owners, and Peder-Me yer LC (dba Deja Vine Winery), petitioner, to allow on-site sales of native Iowa win e for off-site consumption for 1 day winery & vineyard open house event on
A ugust 5, 2012 from 12:00 p.m. to 7:00 pm., located at 2165 Linn Grove Road, Martelle, Iowa.

Presentation on Temporary Use Case TU-06-12, request of Morris & Chipokas LLC, owner, and JUBT LLC dba Diamonds Sports Park, petitioner, to allow 319 Fest, a music and art festival, on Saturday, August 11, 2012, from 2 pm. to 12 a.m. at 7251 Mt. Vernon Road, Cedar Rapids.

Presentation on Temporary Use Case TU-08-12, request of Wendling Quarries, owner, and Croell Redi -Mix, petitioner, to allow a concrete batch plant to be located at 933 1st Avenue, Springvill e, for paving Springville Road from the City of Mt. Vernon to S ecrist Road beginning August5 6, 2012 through October 31 , 2012 during the hours of 6 a.m to 7 p.m.

Discuss request to enclose Planning & Development lobby.

Discuss the method of purchase and funding related to the approv ed Fiscal Year 2013 Budget Offer for the purchase of electronic

tablets and related accessories for the Board of Supervisors and designated sta ff and monthly data packages for the electronic tablets used by/assigned to the Board of Supervisors and designated staff.

Garth Fagerbakke, Construction Services Manager: 1. Juvenile Justice Center Construction Project a. Discuss construction change order five.

PUBLIC COMMENT: 5 Minute Limit This is an opportunity for the public to address the Board on any subject pertaining to Board business.

A PPROVE PAYROLL AUTHORIZATIONS

CORRESPONDENCE

LEGISLATIVE UPDATE Pa g e 1 of 3 Linn Count y

8/27/2012 htt p ://www.linncount y .or g /events

_ details.as p ?Event

_ Id=2824&i=xA PPOINTMENTS

A DJOURNMENT

Associated File:

7

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Minutes

LINN COUNTY BOARD OF SUPERVISORS CEDAR RAPIDS, LINN COUNTY, IOWA MONDAY, JULY 30, 2012 9:00 A.M.

The Board met in session at the Linn County Jean Oxley Public Service Center. Present: Vice Chai rperson Harris, Supervisors Bar ron and Rogers. Absent: Chairperson Oleson (personal business) and Supervisor Langston (other county business). Board members voting “Aye” unless otherwise noted.

Motion by Barron, seconded by Rogers to approve minutes of July 23, 24 & 25, 2012 as printed.

A public hearing was called to order for proposed changes to the Air Quality Ordinance, Chapter 10, Sections 1, 5, 6, 10 and 28 of the Linn County Code of Ordinances. Pr oof of publication was presented.

Shane Dodge, Health Dept., stat ed that he had received no or al or written communications.

Motion by Barron, seconded by R ogers to close public hearing.

Motion by Barron, seconded by Rogers to approve upon first co nsideration for proposed changes to the Air Quality Ordinance, Chapter 10, Sections 1, 5, 6, 10 and 28 of the Linn County Code of Ordinances.

A public hearing was called to order for a proposed real property lease with Jane Boyd Community House for 685 square feet of of fice space and shared conference room and reception area from July 1, 2012 to September 30, 2013 in th e amount of $1714 per month. Proof of publication was presented. There were no oral or written objections.

Motion by Rogers, seconded by Barron to close public hearing.

Motion by Rogers, seconded by Barron to authorize Chairperson to sign real property lease with Jane Boyd Community House for 68 5 square feet of office space and shared conf erence room and reception area from July 1, 2012 to September 30, 2013 in the amount of $1714 per month.

Motion by Rogers, seconded by Barron to authorize Chairperson to sign Certificate of Self Insu rance for insurance coverage from July 1, 2012 to September 30, 2013 for 685 square f eet of leased office space and shared conference room and reception area in the J ane Boyd Community House, 943 Fourteenth Avenue SE, Cedar Rapids. Lisa Powell, HR Director, met with the Board to discuss voluntary vision insurance for FY13. Powell stated that this insurance means there is no employer cont ribution. Afte r a survey of 200 conducted last year, result s show employees are interested. National Insurance Services has provided plan costs to the employee with no cost to the county. Enrollment meetings would take place the last week of August and implementati on would be October 1, 2012. Julie Kester, County Assessor, met with the Board to discuss Homestead Exemptions and Military Credits recommended for

disallowance. Kester stated that disallowances are due to peopl e not meeting qualifications or selling their property and not n otifying the county. Motion by Rogers, seconded by Barron to approve the Homestead Exemptions and Military Credits recommended for disallowance for the Linn County Assessor. Motion by Barron, seconded by Rogers to approve Homestead Ex emptions and Military Credits recommended for disallowance for the City of Cedar Rapids Assessor.

Gary Hinzman and Jean Kuehl, Iowa Dept. of Corrections, met with the Board to discuss support for the AmeriCorps Program as an economic development opportunity. They explained that they help with work fo rce development and mentoring programs. Hinzman stated that they are in need of a $30,000 cash match to jump start the program and ar e asking Linn Count y for $15,000. The Board will decide on Wednesday.

Bill Micheel, Planning & Development, met with the Board regarding a Temporary Use Case TU-05-12, to allow on-site sales of nat ive Iowa wine for off-site consumption for a 1 day winery & vineyard open house event located at 2165 Linn Grove Road, Martelle, Io wa. A l Meyer, Deja Vine Winery, was also pres ent. The Board will approve on Wed.

Bill Micheel also presented Board regarding a Temporary Use Case TU-06-12, to allow a music and art festival at Diamonds Ball P ark located at 7251 Mt. Vernon Road, Cedar Rapids. Julie Thompson , Owner of Diamonds, was also present. The Board will approve on

Wed.

Carolyn Wilson, Planning & Development, met with the Board regarding a Temporary Use Case TU-08-12, request of Wendling Quarries to allow a concrete batch plant to be located at 933 1st Avenue, Springville. The Board will approve on Wed.

Les Beck, Dir. of Planning & Development, met with the Board to discuss request to encl ose the Planning & Development lobby. Be ck expressed thanks to the Treasurer’s

Page 2 July 30, 2012

office for turning down the volume of the Q-matics system as well as rearranging their chairs. Beck asked the Board to get desi gn and estimates to enclose his lobby area.

Supervisor Barron stated that the original building design had Planning & Development on second floor and not across from the

Treasurer.

The Board will direct staff during Wednesday’s meeting.

Darrin Gage, Dir. of Policy & Admin., met with the Board to di scuss the method of purchase of electronic tablets and related accessories for the Board of Supervisors and designated staff a nd monthly data packages for the electronic tablets used by/assi gned to the Board of Supervisors and designated staff. Pa g e 2 of 3 Linn Count y

8/27/2012 htt p ://www.linncount y .or g /events

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_ Id=2824&i=xGage stated that he has been in contact wit h Johnson County and based the recommended stipend of $500 from what they do. He presented various options including outright purchase by a board member or a county-owned tablet. The IT Director has no recommendation with regard to the type of tablet.

The Board will make a decision at Wednesday’s meeting.

Garth Fagerbakke, Const. Serv. Mgr, presented and explained the Juvenile Justice Center Construction Project Change Order #5 in the amount of $3,125.24 with Klieman Constr uction. He stated there are 7 items on this list and highlighted a few. The Board will approve on Wednesday.

PUBLIC COMMENT:

Bob Anderson, former Lt. Governor of Iowa, stated that he has brought along a group of journalists from Belarus to learn more a bout media access and local government.

The Board received and placed on file a letter from Sue & Ken Kleinmeyer regarding funding fo r sheltered workshops in the community.

A djournment at 9:35 a.m.

Respectfully submitted,

JOEL D. MILLER, Li nn County Auditor & Clerk to the Board of Supervisors By Amanda Hoy, Executive Assistant

A pproved by:

JOHN HARRIS, Vice Chairperson Board of Supervisors

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Agenda & Minutes 

### Board of Supervisors Formal Session

Calendar

Department: Board of Supervisors

Date: Aug 1, 2012 at 10:00 AM

This meeting will be in the Formal Board Room on the lower level of the Jean Oxley Linn County Public Service Center, 935 Secon d Street SW, Cedar Rapids, Iowa.

For questions regarding the Board's agenda or meetings, contact Jan Every at 319-892-5117 or jan.every@linncounty.org

.

Agenda

PLEDGE OF ALLEGIANCE

PUBLIC COMMENT: 5 Minute Limit This comment period is for the public to address topics on today’s agenda.

Consent Agenda

A pprove FY13 voluntary vision insurance.

REPORTS

RESOLUTIONS

Resolution approving Temporary Use Case TU-05-12, request of Barb & Dan Pederson, owners, and Peder-Meyer LC (dba Deja Vine Winery), petitioner, to allow on-site sales of native Iowa win e for off-site consumption for 1 day winery & vineyard open house event on
A ugust 5, 2012 from 12:00 p.m. to 7:00 p.m., located at 2165 Li nn Grove Road, Martelle, Iowa.

Resolution approving Temporary Use Case TU-06-12, request of Morr is & Chipokas LLC, owner, and JUBT LLC dba Diamonds Sports Park, petitioner, to allow 319 Fest, a music and art festival, on Saturday, August 11, 2012, from 2 p.m. to 12 a.m. at 7251 Mt. Vernon Road, Cedar Rapids.

Resolution approving Temporary Use Case TU-08-12, request of Wend ling Quarries, owner, and Croell Redi-Mix, petitioner, to allo w a concrete batch plant to be located at 933 1st Avenue, Springvill e, for paving Springville Road from the City of Mt. Vernon to S ecrist Road beginning August5 6, 2012 through October 31 , 2012 during the hours of 6 a.m to 7 p.m.

Resolution approving request by John Snitko, Race Director for JMS Racing Services, to use McClintock Road, Lewis Bottom Road, Palo Marsh Road, and crossing over Blairs Ferry Road into Pa lo and Shellsburg Road (E36) for the purpose of conducting the Iowa ’s Pigman Sprint Triathlon on Sunday, August 19, 2012.

CONTRACTS AND AGREEMENTS

A ward bid and authorize chairperson to sign contract and associ ated documents for the following pr ojects let on 7/24/12: L-RCP 1 784 (13), culvert replacement on Feather Ridge Road, to Ricklefs Excavating, LTD in the am ount of $11,075.00; L-CMP 1889(13), culve rt replacement on Quaker Lane, to Ri cklefs Excavating, LTD in the am ount of $20,731.00; L-CMP 606(13), culvert replacement on Linn

Buchanan Road, to Skyline Construction, In c. in the amount $29,915.50; L-CMP 1615(13) , culvert replacement on Goudy Road, to Skyline Construction, Inc. in the amount of $17,132.96.

A pprove and authorize chairperson to sign “Adopt-A-Roadside” applic ation for CORVAIR Bicycle Society to adopt Lakeside Road and Squaw Ridge Road from East Post Road to Cottage Grove Parkway.

A uthorize Chair to sign PO # 4980 for $42,781.33 to Tallgrass Business Solutions for additional furniture for the Public Service Center.

A uthorize Chair to sign PO # 4979 for $25,282.00 to Junge Ford for a 2013 Ford F150 4x4 for Risk.

A uthorize Chair to sign PO # 4982 for $27, 472.00 to Junge Ford for a 2013 Ford F150 4x4 for Planning and Development.

A uthorize Chairperson to sign Juvenile Justice Center construction change order number 005.

A uthorize Chairperson to Sign an Acceptance of Conditions of Rez oning form from the City of Cedar Rapids for the rezoning of the East 21 feet of Lot 41, Elm Park, an addition to Cedar Rapids Iowa related to the Public Health Building parking lot expansion project.

A uthorize Chairperson to sign Permit to Op erate Application Form PTO for the Communi ty Services Building of Linn County.

A uthorize Chairperson to sign Authorization to Install – Facility Information Form ATI FI for the Community Services Building of Linn County.

LICENSES & PERMITS Regular Agenda

A PPROVE CONSENT AGENDA

A PPROVE MINUTES Pa g e 1 of 4 Linn Count y

8/27/2012 htt p ://www.linncount y .or g /events

_ details.as p ?Event

_ Id=2825&i=xSecond Consideration of proposed changes to the Air Quality Ordinance, Chapter 10, Sect ions 1, 5, 6, 10 and 28 of the Linn Coun ty
Code of Ordinances.

Discuss and decide on support for AmeriCorps Program as an economic development opportunity.

Discuss and decide on request to enclose Planning & Development lobby and authorize preparation of plans and cost estimates.

Discuss and decide on the method of purchase and funding related to the approved Fiscal Year 2013 Budget Offer for the purchase of
electronic tablets and related accessories for the Board of S upervisors and designated staff and monthly data packages for the electronic tablets used by/assigned to the Board of Supervisors and designated staff.

REPORTS -- LIAISON ASSIGNMENTS & COMMITTEE MEETINGS

LEGISLATIVE UPDATE

A PPROVE CLAIMS

PUBLIC COMMENT: 5 Minute Limit This is an opportunity for the public to address the Board on any subject pertaining to Board business.

CORRESPONDENCE

A PPOINTMENTS

CLOSED SESSION

The Board will enter into closed session to discuss pending litigation, pursuant to Code of Iowa 21.5(1)(c).

A DJOURNMENT

Associated File:

8

- 01.pdf , 124k

Minutes

LINN COUNTY BOARD OF SUPERVISORS CEDAR RAPIDS, LINN COUNTY, IOWA WEDNESDAY, AUGUST 1, 2012 10:00 A.M.

The Board met in session at the Linn County Jean Oxley Public Service Center. Pres ent: Chairperson Oleson, Vice Chairperson Harris, Supervisors Barron, Langston and Rogers. Board members voting “Aye” unless otherwise noted.

The Pledge of Allegiance was led by Chairperson Oleson.

Motion by Oleson, seconded by Langston to approve Consent Agenda as follows and remove the Resolution approving Temporary
Use Case TU-06-12.

A pprove FY13 voluntary vision insurance.

Resolution 2012-8-120, approving Temporary Use Case TU-05-12, request of Barb & Dan Pederson, owners, and Peder-Meyer LC (dba Deja Vine Winery), petitioner, to allow on-site sales of native Iowa wine for off-site co nsumption for 1 day winery & vine yard open house event on August 5, 2012 from 12: 00 p.m. to 7:00 p.m., lo cated at 2165 Linn Grove Road, Martelle, Iowa.

Resolution 2012-8-121, approving Temporary Use Case TU-08-12, request of Wendling Quarries, owner, and Croell Redi-Mix, petitioner, to allow a concrete batch plan t to be located at 933 1st Avenue, Springville, for paving Springville Road from the City of Mt. Vernon to Secrist Road beginning August5 6, 2012 through Oc tober 31, 2012 during the ho urs of 6 a.m to 7 p.m.

Resolution 2012-8-122, approving request by John Snitko, Race Director for JMS Racing Services, to use McClintock Road, Lewis Bottom Road, Palo Marsh Road, and crossing over Blairs Ferry Road into Palo and Shellsburg Road (E36) for the purpose of conducting the Iowa’s Pigman Sprint Triathlon on Sunday, August 19, 2012.

A ward bid and authorize Chairperson to sign contract and associat ed documents for the following projects let on 7/24/12: L-RCP 1 784 (13), culvert replacement on Feather Ridge Road, to Ricklefs Excavating, LTD in the am ount of $11,075.00; L-CMP 1889(13), culve rt replacement on Quaker Lane, to Ri cklefs Excavating, LTD in the am ount of $20,731.00; L-CMP 606(13), culvert replacement on Linn

Buchanan Road, to Skyline Construction, In c. in the amount $29,915.50; L-CMP 1615(13) , culvert replacement on Goudy Road, to Skyline Construction, Inc. in the amount of $17,132.96.

A pprove and authorize chairperson to sign “Adopt-A-Roadside” applic ation for CORVAIR Bicycle Society to adopt Lakeside Road and Squaw Ridge Road from East Post Road to Cottage Grove Parkway.

A uthorize Chair to sign PO # 4980 for $42,781.33 to Tallgrass Business Solutions for additional furniture for the Public Service Center.

A uthorize Chair to sign PO # 4979 for $25,282.00 to Junge Ford for a 2013 Ford F150 4x4 for Risk.

A uthorize Chair to sign PO # 4982 for $27, 472.00 to Junge Ford for a 2013 Ford F150 4x4 for Planning and Development.

A uthorize Chairperson to sign Juvenile Justice Center construction change order number 005.

A uthorize Chairperson to Sign an Acceptance of Conditions of Rez oning form from the City of Cedar Rapids for the rezoning of the East 21 feet of Lot 41, Elm Park, an addition to Cedar Rapids Io wa related to the Public Health Building parking lot expansion project.

A uthorize Chairperson to sign Permit to Op erate Application Form PTO for the Communi ty Services Building of Linn County.

A uthorize Chairperson to sign Authorization to Install – Facility Information Form ATI FI for the Community Services Building of Linn County

Shane Dodge, Health Dept., stated that he has received no feedback regarding the Air Quality Ordinance proposed changes.

Motion by Barron, seconded by Langston to approve Second Cons ideration of proposed changes to the Air Quality Ordinance, Chapter 10, Sections 1, 5, 6, 10 and 28 of the Linn County Code of Ordinances. Pa g e 2 of 4 Linn Count y

8/27/2012 htt p ://www.linncount y .or g /events

_ details.as p ?Event

_ Id=2825&i=xMotion by Barron, seconded by Rogers to approve $15,000 to be paid to the AmeriCorps Program as an economic development opportunity.

Motion by Harris, seconded by Rogers to direct staff to move forward and get costs to enclose Planning & Development lobby and authorize preparation of plans and cost estimates.

Darrin Gage, Dir. of Policy & Admin., met with the Board to c ontinue the discussion regarding el ectronic tablets for the Board of Supervisors. He stat ed that there are

Page 2

A ugust 1, 2012

two carriers available, AT & T and Verizo n. Discussion continued regarding Johnson Count y’s savings with regard to less paper.

Motion by Rogers, seconded by Barron to approve the order for t ablets for the Board of Supervisors as presented by Darrin Gage.

Supervisor Langston stated that she toured Goodwill with Rep. R enee Schulte to learn more about what they do and was impressed with their growth in the manufacturing area.

Supervisor Rogers will be attending a forum with Dept. of Human Serv ices Director Chuck Palmer to talk about the state of Menta l Health/Developmental Disabi lities in Linn County.

Motion by Rogers, seconded by Harris to approve the following claims: #70543724-#70543835 in the amt. of $133,535.38 and ACH in the amt. of $3,988.97.

PUBLIC COMMENT

Joel Miller, County Audito r, stated that it has been 81 days since he turned over the laptop computer regarding the financial misconduct. On May 23rd he provided the Board with a written report which he was required to complete within 20 days or be remo ved from office. He has talked with Supervisors Oleson and Harris with regard to this, not ing that there has been ample time in his opinion
for this issue to be closed. Miller is concerned that the Boar d will allow this to be drug through the next campaign season. He stated that this was politically motivated and still believes that it is now. He thinks the Board is aw are of the findings and has bee n briefed by legal counsel and the Financial Advisor. Mi ller asked the Board what the delay was and why aren’t they making this an urgent ma tter to come to closure. He will forward the letter to Supervisor Harris that confidentiality was not considered or guaranteed. Mill er stated that the Compliance Officer reports to them and it needs to be finished.

The Board received and placed on file the following correspondence:

Email from Rich Patterson re: complime nting seal coati ng on Bertram Road.

Email from Kirkwood Comm. College re: PROMISE JOBS and 28E Agreement.

The Board discussed appointments. Supervisor Barron is working on a replacement for Tom Hazelton on the Eastern Iowa Tourism

A ssoc. (ECICOG).

Motion by Oleson, seconded by Rogers to go into closed sessio n to discuss pending litigation, pursuant to Code of Iowa 21.5(1)( c).

VOTE: Langston –Aye Barron - Aye Oleson - Aye Harris - Aye Rogers - Aye

Motion by Rogers, seconded by Harris to go out of closed session.

VOTE: Langston –Aye Barron - Aye Oleson - Aye Harris - Aye Rogers - Aye

A djournment at 10:41 a.m.

JOEL D. MILLER, Li nn County Auditor & Clerk to the Board of Supervisors By Amanda Hoy, Executive Assistant

A pproved by:

BRENT OLESON, Chairperson Board of Supervisors

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most efficient and responsive public
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Linn County of Iowa

935 2nd Street SW
Cedar Rapids, IA 52404

319-892-5000 Pa g e 3 of 4 Linn Count y

8/27/2012 htt p ://www.linncount y .or g /events

_ details.as p ?Event

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Agenda & Minutes 

### Board of Supervisors Formal Session

Calendar

Department: Board of Supervisors

Date: Aug 8, 2012 at 10:00 AM

This meeting will be in the Formal Board Room on the lower level of the Jean Oxley Linn County Public Service Center, 935 Secon d Street SW, Cedar Rapids, Iowa.

For questions regarding the Board's agenda or meetings, contact Jan Every at 319-892-5117 or jan.every@linncounty.org

.

Agenda

PLEDGE OF ALLEGIANCE

PUBLIC COMMENT: 5 Minute Limit This comment period is for the public to address topics on today’s agenda.

Consent Agenda

A pprove and authorize chair to sign a letter to the City of Cedar Ra pids requesting the combining of the East 21 feet of Lot 41, Elm Park, an addition to Cedar Rapids, Iowa and Lot 42, Elm Park, an addition to Cedar Rapids, so as to constitute a single zoning lot.

A pprove Linn County Investment Policy.

A pprove tax levies for FY 2012- 2013 tax collections.

REPORTS

Receive and place on file Treasurer’s Semi-Annual Report and Semi-Annual Settlement from January 1, 2012 – June 30, 2012.

RESOLUTIONS

Resolution approving Temporary Use Case TU-06-12, request of Morr is & Chipokas LLC, owner, and JUBT LLC dba Diamonds Sports Park, petitioner, to allow 319 Fest, a music and art festival, on Saturday, August 11, 2012, from 2 p.m. to 12 a.m. at 7251 Mt. Vernon Road, Cedar Rapids.

Resolution approving Temporary Use Case TU-07-12, request by Karl Haible, owner, Palo Lions Cl ub, applicant, for mud drags, carnival, monster truck ride, beer tent, music and fireworks on property located at 812 Iowa Avenue, Palo, during Palo Fun Days on A ugust 17: 4 pm to midnight, and August 18: 7:00 am to midnight.

Resolution approving Luedtke First Ad dition, Final Plat Case F-01-12.

Resolution approving Benish Second Ad dition, Final Plat Case F-03-12.

Resolution rescinding Warrant No. 70541964 payabl e to Marlene Mignonette Wilson in the am ount of $187.21 fo r precinct election
official reimbursement. T he check was not received and is presumed lost.

Resolution authorizing Julie Johnston, Co-race Director of the 2012 St. Jude’s Kernel’s Fun Run, sponsored by St. Jude’s Parish

, permission to hold a Walk/Run on Saturday, August 11, 2012, on 42nd Street to Usher’s Ferry Road to North River Blvd. to Aegon Parking Lot back to 42nd Street.

CONTRACTS AND AGREEMENTS

A uthorize John Brandt, Director of Linn County Community Services, to sign Agreement for Provision of One-Time Funds by Linn County with Foundation II in the amount of $62,782.00.

A uthorize John Brandt, Director of Linn County Community Services, to sign Agreement for Provision of One-Time Funds by Linn County with Neighborhood Transportation Services in the am ount of $35,489.00.

A uthorize Chairperson to sign Construction Contract by and between Iowa Bridge and Cu lvert, LC, and Linn County, Iowa, for the construction of the Safe Room Improvements – Howard H. Cher ry Scout Reservation project, in the amount of $212,500.00.

A pprove and authorize chair to sign an Agreement for Professional Se rvices with the Donaldson Group in the amount of $4,100.00 f or a plat of survey and an application with th e City of Cedar Rapids for a conditional us e permit related to the construction of a parking lot at 1014 2nd Street SW and a portion of 1016 2nd Street SW in Cedar Rapids.

A uthorize Chair to sign PO # 4985 to HP for $10,481.92 for 16 laptops for Elections.

A uthorize Chair to si g n PO # 4987 to CDWG for $3,040.00 for 16 DYMO LabelWriters for Elections. Pa g e 1 of 4 Linn Count y

8/27/2012 htt p ://www.linncount y .or g /events

_ details.as p ?Event

_ Id=2827&i=xA uthorize Chair to sign PO # 4988 for $37,400 to Ly nch Ford for 2 new Chevrolet Impalas for MHDD.

A uthorize Chairperson to sign Premis Consulting change order for the tax system project in the amount of $83,365.00.

A ward bid for soil borings to be completed at bridge 1584 on County Home Road to Terracon Consul tants, Inc. in the amount of $4,960.00.

LICENSES & PERMITS

A pprove Five Day Beer Permit for the Palo Lions Club for the Pa lo Fun Days August 17 & 18, 2012, noting all fees have been paid.

Regular Agenda

A PPROVE CONSENT AGENDA

A PPROVE MINUTES

Third Consideration of proposed changes to the Air Quality Ordinanc e, Chapter 10, Sections 1, 5, 6, 10 and 28 of the Linn Count y Code of Ordinances.

Discuss and decide on funding request by Czech Village/New Bo Main Street Program.

Discuss and decide on new full-time Business Systems Anal yst and Report Writer positi ons for the I.T. Department.

Discuss and decide on conference room phones in the Jean Oxley Linn County Public Service Center.

Discuss and decide on a professional service contract in the am ount of $180,000.00 with Stern Co nsulting for Project Management in connection with the Linn County Community Services software implementation.

Discuss and decide on Linn County Child & Youth Development Requ est For Approval Of New Position for a .5 FTE Social Worker position.

Discuss and decide on new Epidemiologist position for Linn County Public Health. Discuss and decide on A Resolution of the Board of Supervisors of Linn County Approving Participation in Planning relating to Redesign of Publicly Funded Mental Health and Disability Services.

Discuss and decide on a temporary easement request received from the City of Cedar Rapids regarding property near the Fillmore Building.

Garth Fagerbakke, Construction Services Manager: 1. Correctional Center Construction Project a. Discuss and decide on construction change order number three. 2. Secondary Road Main Shop Roofing Project a. Discuss and decide on signing contract for project.

REPORTS -- LIAISON ASSIGNMENTS & COMMITTEE MEETINGS

LEGISLATIVE UPDATE

A PPROVE CLAIMS

PUBLIC COMMENT: 5 Minute Limit This is an opportunity for the public to address the Board on any subject pertaining to Board business.

CORRESPONDENCE

A PPOINTMENTS

A DJOURNMENT

Associated File:

8

- 08.pdf , 142k

Minutes

LINN COUNTY BOARD OF SUPERVISORS CEDAR RAPIDS, LINN COUNTY, IOWA WEDNESDAY, AUGUST 8, 2012 10:00 A.M. The Board met in session at the Linn County Jean Oxley Public Service Center. Pres ent: Chairperson Oleson, Vice Chairperson Harris, Supervisors Barron, Langston and Rogers. Board members voting “Aye” unless otherwise noted. The Pledge of Allegiance was led by Chairperson Oleson. Motion by Barron, seconded by Langston to approve Consent Agenda as follows:

A pprove and authorize chair to sign a letter to the City of Cedar Ra pids requesting the combining of the East 21 feet of Lot 41, Elm Park, an addition to Cedar Rapids, Iowa and Lot 42, Elm Park, an addition to Cedar Rapids, so as to constitute a single zoning lot.

A pprove Linn County Investment Policy.

A pprove tax levies for FY 2012- 2013 tax collections. Pa g e 2 of 4 Linn Count y

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_ Id=2827&i=xReceive and place on file Treasurer’s Semi-Annual Report and Semi-Annual Settlement from January 1, 2012 – June 30, 2012.

Resolution 2012-8-123, approving Temporary Use Case TU-06-12, re quest of Morris & Chipokas LLC, owner, and JUBT LLC dba Diamonds Sports Park, petitioner, to allow 319 Fest, a music and ar t festival, on Saturday, August 11, 2012, from 2 p.m. to 12 a.m. at 7251 Mt. Vernon Road, Cedar Rapids.

Resolution 2012-8-124, approving Temporary Use Case TU-07-12, reques t by Karl Haible, owner, Palo Lions Club, applicant, for mu d drags, carnival, monster truck ride, beer t ent, music and fireworks on property locat ed at 812 Iowa Avenue, Palo, during Palo F un Days on August 17: 4 pm to midnight, and August 18: 7:00 am to midnight.

Resolution 2012-8-125, approving Luedtke First Addition, Final Plat Case F-01-12.

Resolution 2012-8-126, approving Benish Second Addition, Final Plat Case F-03-12.

Resolution 2012-8-127, rescinding Warrant No. 70541964 payable to Marlene Mignonette Wilson in the amount of $187.21 for precin ct
election official reimbursemen t. The check was not received and is presumed lost.

Resolution 2012-8-128, authorizing Julie Johnston, Co-race Director of the 2012 St. Jude’s Kernel’s Fun Run, sponsored by St. J ude’s Parish, permission to hold a Walk/Run on Saturday, August 11, 2012, on 42nd Street to Usher’s Fe rry Road to North River Blvd. t o A egon Parking Lot back to 42nd Street.

A uthorize John Brandt, Director of Linn County Community Services, to sign Agreement for Provision of One-Time Funds by Linn County with Foundation II in the amount of $62,782.00.

A uthorize John Brandt, Director of Linn County Community Services, to sign Agreement for Provision of One-Time Funds by Linn County with Neighborhood Transportation Se rvices in the amoun t of $35,489.00.

A uthorize Chairperson to sign Construction Contract by and between Iowa Bridge and Cu lvert, LC, and Linn County, Iowa, for the construction of the Safe Room Improvements – Howard H. Cherry Scout Reservation project, in the amount of $212,500.00.

A pprove and authorize chair to sign an Agreement for Professional Se rvices with the Donaldson Group in the amount of $4,100.00 f or a plat of survey and an application with th e City of Cedar Rapids for a conditional us e permit related to the construction of a parking lot at 1014 2nd Street SW and a portion of 1016 2nd Street SW in Cedar Rapids.

A uthorize Chair to sign PO # 49 85 to HP for $10,481.92 for 16 laptops for Elections.

A uthorize Chair to sign PO # 4987 to CDWG for $3,040.00 for 16 DYMO LabelWriters for Elections.

A uthorize Chair to sign PO # 4988 for $37,400 to Ly nch Ford for 2 new Chevrolet Impalas for MHDD.

A uthorize Chairperson to sign Premis Consulting change order for the tax system project in the amount of $83,365.00.

A ward bid for soil borings to be completed at bridge 1584 on County Home Road to Terracon Consul tants, Inc. in the amount of $4,960.00.

A pprove Five Day Beer Permit for the Palo Lions Club for the Pa lo Fun Days August 17 & 18, 2012, noting all fees have been paid.

Motion by Rogers, seconded by Langston to approve minutes of July 30 and August 1, 2012 as printed.

Page 2

A ugust 8, 2012

Motion by Langston, seconded by Barron to remove fr om the Regular Agenda the epidemiologist position.

Motion by Barron, seconded by Rogers to approve upon third and final consideration Ordinance #8-8-2012, changes to the Air Qual ity Ordinance, Chapter 10, Sections 1, 5, 6, 10 and 28 of the Linn County Code of Ordinances.

Motion by Langston, seconded by Rogers to approve $17,500 for the Czech Village/New Bo Main Street Program to be paid from economic development fund.

Discussion: Supervisor Oleson stated that he supports th is but they need to start thinking about tapering off.

VOTE: Langston, Rogers, Oleson, Harris – Aye Barron - Abstain

Motion by Rogers, seconded by Langston to approve new full-time Business Systems Analyst and Repo rt Writer positions for the I. T. Department.

Discussion: Phil Lowder st ated that these are vacanc ies and are in the budget.

VOTE: All Aye.

The Board discussed the request for phones to be in the Public Service Center Conference Rooms.

Supervisor Barron asked about phones or devices that are designed for conference calls and Lowder stated that the phones have been improved to accommodate conference calls.

The Board discussed not purchasing a phone for every conference room and depts. are to buy their own, however, they will purcha se a phone to be placed in both the Formal Board meeting room and the Informal Board meeting room and will allow all departments t o use the Informal Board meeting room. Motion by Langston, seconded by Rogers to purchase a phone to be placed in both the Formal Boar d meeting room and the Informal Board meeting room and allow all departments to use the Inform al Board meeting room. The phone in the Informal board meeting
room can be moved to another conference/ training room but must be returned. The Board will pay for the phones and the $16.00/month reoccurring charge. Motion by Rogers, seconded by Langston to authorize Chairperso n to sign Contract in the amount of $180,000.00 with Stern Consulting for Project Management in co nnection with the Linn County Community Services software implementation.

Motion by Barron, seconded by Langston to approve request for a new .5 FTE Social Worker positi on for Linn County Child & Youth Development.

Motion by Langston, seconded by Rogers to adopt Resolution 2012- 8-129, approving participation in planning relating to redesign of publicly funded Mental Health and Disability Services.

Discussion: Supervisor Langston stated that this can be amen ded in the future to include Iowa and Johnson counties.

VOTE: All Aye. Pa g e 3 of 4 Linn Count y

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_ Id=2827&i=xMotion by Barron, seconded by Langston to authorize Chairperson to sign a Temporary Grading Easement for Construction for a temporary easement request received from the City of Cedar Rapids regarding property near the Fillmore Building.

Motion by Langston, seconded by Rogers to authorize Chairperson to sign Change Order #3 with Miron Const. in the amount of $180,631.93 for the Correctional Center Construction Project for a total of $6,311,653.98.

Motion by Rogers, seconded by Langston to authorize Chairperson to sign Contract with Point Builders in the amount of $299,679 for the Secondary Road Main Shop Roofing Project.

Motion by Rogers, seconded by Harris to approve Claims #7054383 6-#70544286 in the amt. of $6,785, 716.13 and ACH in the amt. of $294,161.68.

Motion by Rogers, seconded by Langston to approve payment to Supervisor Oleson in the amount of $1,974.30. VOTE: Barron, Langston, Rogers, Harris – Aye Oleson - Abstain

Page 3

A ugust 8, 2012 Motion by Harris, seconded by Barron to approve payment to Supervisor Rogers in the amount of $80.00. VOTE: Barron, Langston, Oleson, Harris – Aye Rogers - Abstain The Board received and placed on file the following correspondence: Letter from the Iowa Economic Development Authority re: Contract #08-DRMH-236-Amendment #4. Thank you from the Cedar Rapids Area Co nvention & Visitors Bureau re: RAGBRAI.

Letter from Tom Miller and Dave Jamison re: mortgage help is available. Motion by Barron, seconded by Rogers to appoint Kari Lammer to the Eastern Iowa Tourism Assoc. the Joi Bergman as the alternate

. A djournment at 10:23 a.m. Respectfully submitted,

JOEL D. MILLER, Li nn County Auditor & Clerk to the Board of Supervisors By Rebecca Shoop, Deputy Auditor

A pproved by:

BRENT OLESON, Chairperson Board of Supervisors

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_ Id=2827&i=xAIR QUALITY

TABLE OF CONTENTS

10.1 Purpose and Ambient Air Quality St andards ..................................................... 1

10.2 Defi nitions ............................................................................................................. 2

10.3 Air Qualit y Division ............................................................................................ 19

10.4 Title V and Voluntary Permits ............................................................................ 19
10.5 Locally Re quired Permits .............................................................................. 2019

10.6 Permi t Fees ......................................................................................................... 31

10.7 Visible Emissions ............................................................................................... 32

10.8 Emissions From Fue l-Burning E quipmen t ....................................................... 33

10.9 Emissions Standards ......................................................................................... 36
10.10 Open Burning ................................................................................................... 73

10.11 Emissions of Ob jectionabl e Odors ............................................................. 7877

10.12 Sulfur Compounds ....................................................................................... 7978
10.13 Fugitive Dust ..................................................................................................... 79

10.14 Excess Em ission .............................................................................................. 80

10.15 Vari ances ...................................................................................................... 8382

10.16 Circ umvention .............................................................................................. 8786 10.17 Testing and Sampling of New and Existi ng Equipm ent ............................ 8887
10.18 Analys is Fees ............................................................................................... 9190

10.19 Submission of Info rmation .......................................................................... 9190

10.20 Public Records and Fa ir Information Pract ices ......................................... 9190

10.21 Prevention of Air Pollu tion Emergenc y Episodes ..................................... 9291

10.22 Enfo rcement ............................................................................................... 10099

10.23 S ealing ...................................................................................................... 101100

10.24 Pe nalty ...................................................................................................... 102101

10.25 Juri sdiction ............................................................................................... 103102
10.26 Rep ealer .................................................................................................... 103102

10.27 Severabilit y Clause .................................................................................. 103102

10.28 When Effective

.......................................................................................... 104103Page 1 of 104 Linn County Ordinance # 3-3-2011 LINN COUNTY ORDINANCE DATE 3-3-2011[Insert Ordinance #]
PROVIDING FOR AIR QUALITY

BE IT ENACTED by the Board of Supervisors, Li nn County, Iowa, that Linn County

Ordinance # 6-9-20093-3-2011 as codified in Linn County Code of Ordinance Chapter 10 is hereby rescinded and in its plac e is enacted Linn County Ordinance # 3-3-2011 [Insert Ordinance #] as set out in full herein.

10.1 Purpose and Ambient Air Quality Standards

It is the public policy of t he 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 ani mal life and property, foster the comfort and convenience of the people, promote social developmen t of Linn County, foster economic development, and facilitate the enjoym ent of the natural a ttractions 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 syst em of general rules or specific permits.

The Linn County ambient air quality standar ds shall be the National Primary and Secondary Ambient Air Q uality 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 Register 46258 (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 (Nov ember 12, 2008), and 75 Federal Register 6474-6537 (February 9, 2010), as adopted by reference by the DNR at 567 IAC 28.1. However, pursuant to the provision of 567 IAC 28.1, the annual PM 10 standard specified in 40 CFR 50.6(b) shall continue to be applied for purposes of implementation of new source permitting provisions in LCCO 10.5. Linn Co unty 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.

All references to 567 IAC Chapter 20 are amended through September 10, 2008November 11, 2009

. All references to 567 IAC Chapter 21 are amended through October 15, 2008. All references to 567 IAC Chapter 22 are amended through November 11, 2009November 16, 2011

. All references to 567 IAC Chapter 23 are amended through November 24, 2010. All references to 567 IAC Chapter 25 are amended through November 11, 2009. All references to 567 IAC Chapter 28 are amended through November 24, 2010. All references to 567 IAC Chapter 29 are amended through May 13, 1998.Page 2 of 104 Linn County Ordinance # 3-3-2011 All references to 567 IAC Chapter 33 are amended through November 11, 2009November 16, 2011

. All references to 567 IAC Chapter 34 are amended through November 11, 2009.

10.2 Definitions

For use in this ordinance, certain terms and words used herein shall be interpreted or

defined as follows:

"Act" means the Clean Air Act, 42 U.S.C Section 7401, et seq.

"Administrator" means, the Administrator of the United States Envi ronmental Protection Agency or the Administrator's designee.

"Affected facility" means, with reference to a stationary source, any apparatus to which a standard is applicable.

"Air contaminant" means dust, fume, mist, smok e, other particulate matter, gas, vapor (except water vapor), radioactive substanc e, odorous substances or any combination thereof.

"Air contaminant source" means any and all sources of emission of air contaminants whether privately or publicly ow ned or operated. Air contami nant source includes, but is not limited to, all types of businesses, comme rcial and industrial plants, works, shops, and stores, heating and power pl ants and stations, buildings and other structures of all types including single and multiple fam ily residences, office buildings, hotels, restaurants, schools, hospitals, churches and other institutional bu ildings, automobiles, trucks, tractors, buses, aircraft, and other motor vehicles, garages, vending and service locations and stations, railroad locomotives, ships, boats, and other water-borne craft, portable fuel-burning equipment , indoor and outdoor incinerators of all types, refuse dumps and piles, and all stacks and other chim ney outlets from any of the foregoing.

"Air pollution" means the presence in t he outdoor atmosphere of one or more air contaminants in sufficient quantities and of su ch characteristics and duration as is or may reasonably tend to be injurious to human, pl ant, or animal life, or to property, or which unreasonably interferes with the enjoyment of life and property.

"Air pollution alert" means the level of an air pollution episode known as an air pollution

alert is that condition when the concentration of air contaminants reach the level at which the first stage control actions are to begin.

"Air pollution control equipment" means any equipment that has the function to prevent the formation of, or to contro l the emission to the atmospher e of, air contaminants from any fuel-burning equipment, inci nerator, or process equipment.

"Air pollution control officer" means the Air Pollution Control Officer of Linn County Public Health or an authorized representative.Page 3 of 104 Linn County Ordinance # 3-3-2011 "Air pollution emergency" means the condition when the air quality is continuing to degrade to a level that should never be reac hed, and that the most stringent control actions are necessary.

"Air pollution episode" means a combination of forecasted or actual meteorological

conditions and emissions of air contaminants wh ich may or do present an imminent and substantial endangerment to t he health of persons during which the chief meteorological

factors are the absence of wi nds that disperse air cont aminants horizontally and a stable atmospheric layer which tends to i nhibit vertical mixing through relatively deep layers.

"Air pollution forecast" means an air stagnati on advisory issued to the Department by an

authorized office of the U.S. Environmental Protection Agency or Iowa Department of

Natural Resources that meteor ological conditions conducive to an air pollution episode may be imminent. This advisory may be follo wed by a prediction of the duration and termination of such meteorological conditions.

"Air pollution warning" means the condition when the air qua lity is continuing to degrade from the levels classified as an air pollution alert, and when control actions in addition to those conducted under an air pollution alert are necessary.

"Air quality standard" means an allowable leve l of air contaminant or atmospheric air concentration established by the Commission.

"Alter" means to change, make different, modify, va ry, construct or reconstruct, diverge or depart from original plan.

"Ambient air" means that portion of the atmo sphere, external to buildings, to which the general public has access. Ambient air does not include the atmosphere over land owned or controlled by the source and to whic h public access is precluded by a fence or other physical barriers.

"Anaerobic lagoon" means an impoundment, the pr imary function of which is to store and stabilize organic wastes. The impoundment is designed to receive wastes on a regular basis and the design waste loading rates are such that the predominant biological activity in the impoundment will be anaerobic. An anaerobic lagoon does not

include:

a. A runoff control basin which collects and stores only precipitation induced runoff from an open feedlot feeding operation; or b. A waste slurry storage bas in which receives waste discharges from confinement feeding operations and whic h is designed for complete removal of accumulated

wastes from the basin at least semiannually; or c. Any anaerobic treatment system which in cludes collection and treatment facilities for all off gases.

"ASME" means the American Soci ety of Mechanical Engineers.

"ASTM" means the American Society for Testing and Materials.Page 4 of 104 Linn County Ordinance # 3-3-2011 "Atmosphere" means all space outside of buildings, stacks or exterior ducts.

"Attainment area" means any area of the country designated or redesignated by the EPA at 40 CFR Part 81 in accordance with section 107(d) as having attained the relevant NAAQS for a given criteria polluta nt. An area can be an attainment area for some pollutants and a nonattainment area for other pollutants.

"Authorization to install" means the authority which has been granted by the Air

Pollution Control Officer to authorize an air contaminant source to construct and/or

install new installations or c ontrol equipment, or alter, modi fy or delete existing control equipment.

"Auxiliary fuel firing equipment" means equ ipment to supply additional heat, by the combustion of an auxiliary fuel, for the purpos e of attaining temperatures sufficient to dry and ignite the waste materi al, to maintain ignition ther eof, and to promote complete

combustion of combustibl e gases, solids and vapors.

"Backyard burning" means the disposal of residential waste by open burning on the premises of the property w here such waste is generated.

"Biodiesel fuel" means a renewable, biodegradabl e, 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 (AST M) D 6751-02, "Standard Specification for Biodiesel Fuel (B100) Blend Stock for Distillate Fuels," and be registered with the U.S. Enviro nmental 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.

"Biomass" means 1 : 1. Any organic material grown for the purpose of being converted to energy; 2. Any organic byproduct of agriculture t hat can be converted into energy; or 3. Any material that can be converted into energy and is nonmerchantable for other purposes, that is s egregated from other nonmer chantable material, and that is; a. A forest-related organic res ource, including mill residues, precommercial thinnings, slash, brus h, or byproduct from conversion of

trees to merchantabl e material; or b. A wood material, including palle ts, crates, dunnage, manufacturing and construction materials (other than pr essure-treated, chemically-treated, or painted wood products), and l andscape or right-of-way tree trimmings.

Source:

1 40 CFR Part 60 Subpart B Adoption and Submittal of State Plans for Designated Facilities

"Board of Health" means the Linn County Pub lic Health Department’s Board of Health.Page 5 of 104 Linn County Ordinance # 3-3-2011 "Btu" means British thermal unit, the quantity of heat requir ed to raise the temperature of one pound of water from 59°F to 60°F.

"Carbonaceous fuel" means any form of combus tible matter (whether solid, liquid, vapor or gas) consisting primarily of carbon-contai ning compounds in either fixed or volatile form, and which is burned prim arily for its heat content.

"CFR" means the Code of Federal Regulations.

"Circumvention" means evasion by the installation of any dev ice or contrivance, or the concealment or the misrepres entation of facts about cont aminant emissions for the purpose of misdirecting or evading proper inst allations or use of air pollution control devices or application of this Ordinance.

"Combustion for Indirect Heating" means the co mbustion of fuel to produce usable heat that is to be transferred through a heat-conducti ng materials barrier or by a heat storage

medium to a material to be heated so that the material bei ng heated is not contacted by, and adds no substance to, the products of combustion.

"Commenced" means that an owner or oper ator has undertaken a continuous program

of construction or modification or that an owner or operator has entered into a contractual obligation to undertake and complete, within a reasonable time, a continuous program of cons truction or modification.

"Commission" means the Environmental Protection Commission of the Iowa Department of Natural Resources.

"Construction" means fabrication, erection, or installation of an affected facility.

"Control equipment" means any equipment t hat has the function to prevent the formation of, or the emission to, the atmosphere of air c ontaminants from any fuel burning, incinerator or process equipment.

"Country grain elevator" shall have the same definition as "country grain elevator" set forth in 567 IAC 22.10(1).

"Criteria" means information used as guideli nes 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 interc hangeably with air quality goals or standards.

"Department" means the Air Quality Divis ion of Linn County Public Health.

"Diesel fuel" means a low sulfur oil that complies with the spec ifications for grade 1-D or 2-D, as defined by the American Society of Testing and Mate rials (ASTM) D 975-02, "Standard Specification for Diesel Fuel Oils," grade 1-GT or 2-GT, as defined by ASTM D 2880-00, "Standard Specificatio n for Gas Turbine Fuel Oils ," or grade 1 or 2, as defined by ASTM D 396-02, "Standard S pecification for Fuel Oils."Page 6 of 104 Linn County Ordinance # 3-3-2011 1. For purposes of the air quality rules c ontained 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 po llutant emission calculations for the biodiesel fuel blends specified in number ed paragraph "1" to be equivalent to the air pollutant emissions calcul ations for unblended diesel fuel. 3. Construction permits issued under LCCO §10.5 or Title V operating permits issued under 567 IAC Chapter 22 which restri ct equipment fuel use to diesel fuel shall be considered by the Department to include biodiesel fuel blends specified in numbered paragraph "1," unless otherwis e specified in LCCO §10.5 or in a permit issued under LCCO §10.5 or 567 IAC Chapter 22.

"Director" means the Directo r of the Iowa Department of Natural Resources or the Director's designee.

"DNR" means the Iowa Department of Natural Resources.

"Electric furnace" means a furnace in whic h the melting and refining of metals are accomplished by means of electrical energy.

"Emergency generator" means any generator of which the sole function is to provide emergency backup power during an interruption of electrical power from the electric utility. An emergency gener ator does not include: 1. Peaking units at el ectric utilities; or

2. Generators at industrial fa cilities that typically operate at low rates, but are not confined to emergency purposes; or 3. Any standby generators t hat are used during time periods when power is available from the electric utility. An emergency is an unforeseeable condition t hat is beyond the contro l of the owner or operator.

"Emission" means a release of one or mo re air contaminants into the outside atmosphere.

"Emission limitation and emission standard" means a requirement established by a local government, State government or the Administrator of the Environmental Protection Agency which limits the quantity, rate or concentration of emissions of air pollutants on a continuous basis, including any requirements which limit the level of opacity, prescribe equipment, set fuel specificati ons, or prescribe operation or maintenance procedures for

a source to assure cont inuous emission reduction.

"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 m eant to alter or affe ct the definition of the term "unit" for purposes of Title IV of the Ac t or any related regulations.Page 7 of 104 Linn County Ordinance # 3-3-2011 "EPA conditional method" means any method of sampling and analyzing for air pollutants that has been validated by the administrator but t hat has not been published

as an EPA reference method.

"EPA reference method" means any method of sampling and analyzing for an air pollutant as described in 40 CFR 51 , Appendix M, (as amended through June 16, 1997); 40 CFR 52, Appendices D (as ame nded through February 6, 1975) and E (as amended through February 6, 1975); 40 CFR 60, Appendices A (as amended through September 28, 2007, B (as amended th rough January 12, 2004), C (as amended through December 16, 1975), and F (as am ended through January 12, 2004); 40 CFR 61, Appendix B (as amended through October 17, 2000); 40 CFR 63, Appendix A (as amended through October 17, 2000); and 40 CFR 75, Appendices A (as amended through January 24, 2008), B (as amended th rough January 24, 2008), F (as amended through January 24, 2008, and corrected on February 13, 2008) and K (as amended through January 24, 2008) as amended in 567 IAC 22.100.

"Equipment" means equipment capable of em itting air contaminants to produce air pollution such as fuel burning, combustion or process devices or apparatus including but not limited to fuel-burning equipment, re fuse burning equipment us ed 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 co mbustion, and manufacturing, chemical, metallurgical or mechanical apparatus or process devices which may emit smoke, particulate matter or other air contaminants.

"Excess air" means that amount of air suppl ied in addition to the theoretical quantity necessary for complete combustion of all f uel or combustible waste material present.

"Excess emission" means any emission which exceeds either the applicable emission standard prescribed in §10.9 or §10.14, or any emission limit specified in a permit or

order.

"Existing equipment" means equip ment, machines, devices or installations that are in operation prior to September 23, 1970.

"Federally enforceable" means all limitations and conditions which are enforceable by the Administrator including, but not limited to, the require ments of the New Source

Performance Standards and National Emission Standards for Hazardous Air Pollutants contained in 567 IAC 23.1(2) and 23.1(3); the r equirements of such other state rules or orders approved by the Administrator for incl usion in the State Implementation Plan; and any construction, Title V or other federally approved operating permit conditions.

"Flue" means any duct or passage for air, gases or particulate matter.

"Foundry cupola" means a stack-type furnace us ed for melting of metals consisting of, but not limited to, the furnace proper, tuyeres, fans or blow ers, tapping spout, charging equipment, gas cleaning devices and other auxiliaries.Page 8 of 104 Linn County Ordinance # 3-3-2011 "Fuel burning equipment" means equipment , device or contrivance and all appurtenances thereto, including ducts, br eechings, control equi pment, fuel-feeding equipment, ash removal equipment, combustion c ontrols, stacks, chimneys, etc., used principally but not exclusivel y to burn any fuel for the purpose of indirect heating in which the material being heated is not cont acted by and adds no substances to the products of combustion.

"Fugitive dust" means any airborne solid pa rticulate matter emitted from any source

other than flue or stack and which could not reasonably be passed through a stack, flue or other functionally equivalent opening.

"Garbage" means all solid and semi-solid putrescible and nonputrescible animal and vegetable wastes resulting from the handling, preparing, cooki ng, storing, and serving of food, or of material intended for use as food, but excluding recognized industrial byproducts.

"Gas cleaning device" means a facility designed to remove air contaminants from gases exhausted from equipment as defined herein.

"Greenhouse gases (GHG)" means the air pollutant defined in 40 CFR §86.1818-12(a) (as amended on May 7, 2010) as the aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrof luorocarbons, perfluorocarbons, and sulfur

hexafluoride. GHGs emitt ed shall be computed as follows: Multiplying the mass amount of emissions (tpy), fo r each of the six greenhouse gas es in the pollutant GHGs, by the gas’s associated global warming potent ial published at 40 CFR Part 98, Subpart A, Table A-1, "Global Warming Potentials ," (as amended on October 30), and sum the resultant value from paragraph "a" for each gas to compute a tpy CO 2 .e

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

"Ground level" means that area between the existing grade and a point 8 feet there

above.

"Hazardous Air Pollutant" means any air pollut ant listed in or pursuant to section 112(b)

of the Act.

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

measured in Btu on an as received basis. Fo r solid fuels, the heating value shall be determined by use of ASTM Standard D2015-66.

"Household rubbish" means waste material and trash, not to in clude garbage, petroleum or asphalt-based products, normally accumula ted by a family at a residence in the course of ordinary day-to-day living.

"IAC" means Iowa Administrative Code.Page 9 of 104 Linn County Ordinance # 3-3-2011 "Incinerator" means a combus tion apparatus designed for hi gh temperature operation in which solid, semi-solid, liquid, or gaseous co mbustible refuse is ignited and burned efficiently, and from which the solid residues contain little or no combustible material.

"Initiation of construction, installation or alteration" means significant permanent modification of a site to install equipmen t, control equipment or permanent structures. Not included are activities incident to pre liminary engineering, envi ronmental studies, or acquisition of a site for a facility.

"Landscape waste" means any vegetable or pl ant wastes except garbage. The term includes trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery and yard trimmings.

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

"Major modification" means any physical change in or changes in the method of operation of a major stationary source that w ould result in a significant net emissions increase of any regulated NSR pollutant and a significant net emissions increase of that pollutant from the major stationary source.

1. Any significant emissions increase from any emissions units or net emissions increase at a major stationary source that is considered significant for volatile organic compounds or NO
x shall be considered significant for ozone.

2. A physical change, or change in the me thod of operation, s hall not include:

a. Routine maintenance, repair, and replacement;

b. Use of an alternative fuel or raw ma terial by reason of an order under §§2(a) and (b) of the Energy Supply and Envir onmental Coordination Act of 1974 (or any superseding legislation), or by reason of a natural gas curtailment plan in effect pursuant to the Federal Power Act;

c. Use of an alternative fuel by reas on of an order or ru le under §125 of the Clean Air Act;

d. Any change in ownership at a stationary source; or

e. Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste;

f. Use of an alternative fuel or raw ma terial by a stationary source which the source was capable of accommodati ng before December 21, 1976, unless such change would be prohibited by any enforceable permit condition;

g. An increase in the hours of operation or in the production rate, unless such change is prohibited under any permit condition enforceable by the Administrator;Page 10 of 104 Linn County Ordinance # 3-3-2011 h. Reserved.

i. The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provi ded that the project complies with the requirements within the SIP; and other requirements necessary to attain and

maintain the national ambient air quality standards during the project and after the project is terminated;

j. The installation or operation of a permanent clean coal technology demonstration project that constitutes repowering, provided that the project

does not result in an increase in t he potential to emit of any regulated pollutant emitted by the unit. This exemption shall apply on a pollutant-bypollutant basis;

k. The reactivation of a very clean coal-f ired electric utility st eam generating unit.

3. This definition shall not apply with res pect to a particular regulated NSR pollutant when the major stationary source is comp lying with the requirements under rule 567 IAC 33.9 for a PAL for that pollutant. In stead, the definition under rule 567 IAC 33.9 shall apply.

"Major stationary source" means: 1. (a) Any one of the following stationary sources of air po llutants which emits, or has the potential to emit, 100 tons per year or more of an y regulated NSR pollutant: • Fossil fuel–fired steam electric plants of more than 250 million British thermal units per hour heat input; • Coal cleaning plants ( with thermal dryers); • Kraft pulp mills; • Portland cement plants; • Primary zinc smelters; • Iron and steel mill plants; • Primary aluminum or e 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 natural fermentation included in NAICS code 325193 or 312140);Page 11 of 104 Linn County Ordinance # 3-3-2011 • Fossil–fuel boilers (or combinations ther eof) 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 majo r stationary source if the change would constitute a major stationary source by itself. 2. A major source that is major fo r volatile organic compounds or NO
x shall be considered major for ozone. 3. The fugitive emissions of a stationary source shall not be in cluded 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 st ationary sources listed in paragraph "1"(a) of this definition or to any ot her stationary source category wh ich, as of August 7, 1980, is being regulated under Sect ion 111 or 112 of the Act.

"Malfunction" means any sudden and unavoidable fa ilure of control equipment or of a process to operate in a normal manner. Any failu re that is caused entirely or in part by poor maintenance, careless operation, la ck of an adequate maintenance program, or any other preventable upset c ondition or preventable equipmen t breakdown shall not be

considered a malfunction.

"Maximum achievable control technolog y (MACT)" means the following regarding regulated hazardous air pollutant sources:

1. For existing sources, the emissions limitation reflecting the maximum degree of

reduction in emissions that t he Administrator or Director, taking into consideration the cost of achieving such emission reduc tion, and any non-air quality health and environmental impacts and energy requirements, determines is achievable by sources in the category of stationary sources, that shall not be less stringent than the MACT

floor.

2. For new sources, the emission limitat ion which is not less stringent than the emission limitation achieved in practice by the best-controlled similar source, and which reflects the maximum degree of reduction in emissions that the Administrator or Director, taking into consideration the cost of achieving such emission reduction, and any non-air quality health and environmental impacts and energy requirements, determines is achievable by the affected source.

"Maximum achievable control technology (MACT) floor" means the following:

1. For existing sources the average em ission limitation achieved by the best performing 12 percent of the ex isting sources in the Unites States (for which thePage 12 of 104 Linn County Ordinance # 3-3-2011 Administrator or Director has emissions information), excluding those sources that have, within 18 months befor e the emission standard is pr oposed or within 30 months before such standard is promulgated, whicheve r is later, first achieved a level of emission rate or emission reduction which comp lies, or would comply if the source is not subject to such standard, with the lowest achievable emission rate applicable to the source category and prevai ling at the time, for cat egories and subcategories of stationary sources with 30 or more sources in the category or subcategory, or the average emission limitation achieved by the bes t performing five sources in the United States (for which the administrator or Director has or could reasonably obtain emissions information), for category or s ubcategory of stationar y sources with fewer

than 30 sources in the ca tegory or subcategory.

2. For new sources the emission limitat ion achieved in practice by the bestcontrolled similar source.

"Modification" means any physical change in, or change in the method of operation of, an existing facility which increas es the amount of any air pol lutant (to which a standard applies) emitted into the atmosp here by that facility or whic h results in the emission of any air pollutant (to which a standard applie s) into the atmosphere not previously

emitted.

"National Ambient Air Q uality Standards (NAAQS)" ar e the standards established pursuant to Section 109 of the Clean Ai r Act that apply for ambient air.

"National Emission Standards for Hazardous Air Pollutants (NESHAP)" are emission standards established pursuant to Se ction 112 of the Clean Air Act.

"New equipment" means except for any equi pment or modified eq uipment to which §10.9(2) applies, any equipment or contro l equipment not under construction or for which components have not been purchased on or before September 23, 1970, and any equipment which is altered or modified after such date, wh ich may cause the emission

of air contaminants or elimin ate, reduce or control the em ission of air contaminants.

"New facility" means manufacturing, production, or processing of any kind, starting for

the first time at a different or new location or the restarting of existing facilities which have been non-operational for two calendar years or more.

"New Source Performance Standards (N SPS)" are performance standards established pursuant to Section 111 of the Clean Air Act.

"Nonattainment area" means any area of the country desi gnated by the EPA at 40 CFR part 81 in accordance with sectio n 107(d) of the Act as nona ttainment for one or more criteria pollutants. An area could be a "nonattainment area" for some pollutants and an attainment area for other pollutants.

"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 f uel oil number 2, as defined by the American Society of Test ing and Materials (ASTM) D 396-02, "Standard Specification for Fuel Oils."Page 13 of 104 Linn County Ordinance # 3-3-2011 1. For purposes of the air quality rules c ontained in Chapter 10 of the Linn County Code of Ordinances and unless otherwise specif ied, 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 pollut ant emission calculations for the biodiesel fuel blends specified in num bered paragraph "1" to be equivalent to the air pollutant

emission calculations for unbl ended number 1 fuel oil or unbl ended number 2 fuel oil.

3. Construction permits issued under §10.5 or Title V operating permit issued under 567 IAC Chapter 22, which rest rict equipment fuel use to number 1 fuel oil or number 2 fuel oil shall be considered by the Depar tment to include the biodiesel fuel blends specified in numbered paragraph "1," unless ot herwise specified in LCCO §10.5 or in a permit issued under LCCO 10.5 or 567 IAC Chapter 22.

"Objectionable odor" means an odor that is believed to be objectionable by 30 percent or more of a random sample of the people exposed to such odor, with the sample size of at least 30 people, or 75 percent of those expos ed if fewer than 30 people are

affected.

"Objective" means a certain specified degree , quality or characteristic expected to be

attained.

"Odor" means that which produces response of the human sense of smell to an odorous

substance.

"Odorous substance" means a gaseous, liquid, or solid material that elicits a psychological response by the human sense of smell.

"Odorous substance source" means any equipm ent, installation operation, or material which emits odorous substances; such as, but not limited to, a stack, chimney, vent, window, opening, basin, lagoon, pond, open tank , storage pile, or inorganic or organic discharges.

"One-hour period" means any 60-minut e period commencing on the hour.

"Opacity" means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background.

"Open burning" means any burning of combusti ble materials from which the products of combustion are emitted into the open air wit hout passing through a stack or chimney.

"Particulate matter" means any material, except uncombined water, that exists in a finely divided form as a liquid or solid at standard conditions.

"Parts per million (ppm)" means a term which expresses the volumetric concentration of

one material in one million unit vo lumes of a carrier material.Page 14 of 104 Linn County Ordinance # 3-3-2011 "Permit conditions" means operational limits, restrictions, or other guides which have been set by the Air Pollution Control Offi cer, which govern the operation and/or emissions of a particular pe rmitted air pollution source.

"Permit to Operate" means the authority has been granted by the Air Pollution Control Officer for an air contaminant source to operat e new installations or control equipment or to operate altered or m odified existing equipment.

"Person" means any individual, firm, corpor ation, organization, par tnership, business, trust, public or private corporation, com pany, trustee, syndicate, club, institution, agency, or any federal, state or local governmental agen cy or instrumentality or other entity recognized by law as the subject of rights and duties. The masculine, feminine, singular, or plural is included in any circumstance.

"Petitioned signed complaint" means a comp laint by not less than 20 signatures of persons directly aggrieved by the condition causing the complaint when submitted to the

Air Pollution Cont rol Officer.

"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.

"PM 10 " means particulate matter within an aerody namic diameter less than or equal to a nominal ten micrometers as measured by EPA reference methods in 40 CFR Part 50, or alternate methods approved under 40 CF R Part 53 as amended in 567 IAC 20.2.

"PM 2.5 " means particulate matter within an aerody namic diameter less than or equal to a nominal 2.5 micrometers as measured by EPA reference methods in 40 CFR Part 50, or alternate methods approved under 40 CFR Part 53.

"Potential to emit" means the maximum capa city of a stationary source to emit a pollutant under its physical and operational design. An y physical or operational limitation on the capacity of t he source to emit a pollutan t, including air pollution control equipment and restrictions on ho urs of operation or on the ty pe or amount of material combusted, stored, or process ed, shall be treated as part of it s 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 gr ain elevators, the provisions set forth in 567 IAC 22.10(2), shall apply. For purposes of calculating potential to emit for emergency generators, "maximum capacity" means one of the following: 1) 500 hours of operation annually, if the generator has actua lly been operated less than 500 hours per year for the past five years. 2) 8760 hours of operation annually, if t he generator has act ually been operated

more than 500 hours in one of the past five years; or 3) The number of hours specified in a state or federally enforceable limit.Page 15 of 104 Linn County Ordinance # 3-3-2011 If the source is subject to new source cons truction permit review, then potential to emit

is defined as stated above or as estab lished in a federally enforceable permit.

"Prevention of Significant Deterioration (PSD)" means a permit program for new and modified sources issued by the Direc tor pursuant to 567 IAC Chapter 33.

"Privileged communication" means information other than air pollutant emissions data

the release of which would tend to affect adv ersely the competitive position of the owner or operator of the equipment.

"Process" means any action, operator or treatment, and all methods and forms of manufacturing or processing that emit smok e, particulate matter, gaseous matter or

other air contaminant.

"Process weight" means the total gross weight of all materials t hat are capable of causing any discharge into t he atmosphere, introduced into a specific process, including liquids in any form, but excluding air and fr ee water in any form.

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

1. For continuous or long-run steady-state pr ocess, the total proc ess weight for the entire period of continuous oper ation or for a typical portion thereof, divided by the number of hours of each per iod or portion thereof.

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

"Public Health Department" means the Direc tor or administrativ e staff of the Linn County Public Health Department.

"Refuse" means garbage, rubbish and all other putrescible and nonputrescible wastes, except sewage and water-carried trade wastes.

"Refuse burning equipment" means any equipment and all appurtenances thereto including incinerator, device or contrivance used for the destruction of garbage, rubbish and/or other wastes by burning.

"Regulated NSR pollutant " means the following:

(i) Any pollutant for which a nati onal ambient air quality standard has been promulgated and any constituents or precurso rs for such pollutants identified by the Administrator (e.g., volatile organic compounds and NO X are precursors for ozone);Page 16 of 104 Linn County Ordinance # 3-3-2011 (ii) Any pollutant that is subject to any standard promulgated under section 111 of the Act;

(iii) Any Class I or II substance subj ect 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 ei ther listed in section 112 of the Act or added to the list pursuant to section 112(b)(2) of the Act, which have not been delisted pursuant to section 112(b)(3) of the Ac t, 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 IAC 33.3(1), definition of "subject to regulation."

(v) Notwithstanding paragraphs "i" through iv," the definition of "regulated NSR pollutant" shall not include any or all hazardous air pollutants that are either listed in Section 112 of the Act or added to the list pur suant to Section 112(b)(2) of the Act and that have not been delisted pursuant to Sect ion 112(b)(3) of the Act, unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a general pollutant listed under Sect ion 108 of the Act.

"Residential waste" means any refuse gene rated on the premises as a result of

residential activities. The term includes la ndscape waste grown on the premises or deposited thereon by the elements, but exclu des garbage, tires, trade wastes, and any locally recyclable goods or plastics.

"Responsible Official" means one of the following:

1. For a corporation: a president, secret ary, vice-president or treasurer of the corporation in charge of a principal bus iness 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 manufac turing production or operating facilities applying for or subject to a permit and eit her: 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 proprietorshi p: a general partner or the proprietor respectively.

3. For a municipality, state, federal, or other public age ncy: either a principal executive officer or ranking elected offici al. 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 prin cipal geographic unit of the agency (eg. A regional Administrator of the EPA).

4. For Title IV affected facilities: the designated representative insofar as actions, standards, requirements or prohi bitions under Title IV of t he Act or the regulationsPage 17 of 104 Linn County Ordinance # 3-3-2011 promulgated thereunder are c oncerned; and the designated representative for any other purposes under this chapter or the Act.

"Rubbish" means all waste mate rials of nonputrescible nature.

"Salvage operations" means any business, industry or trade engage d 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.

"Sampling facilities" means access st ructure and adequate sta ck ports or openings,

from which air contaminant samples can be taken.

"Seal for sealing equipment or premises" means a device installed by the Air Pollution Control Officer so as to prevent use of the process, fuel-burning, refuse-burning or control equipment or prem ises being used in violation of this Ordinance.

"Shutdown" means the cessation of operati on of an affected facility for any purpose.

"Significant" means in reference to a net em issions increase or the potential of a source to emit any of the following po llutants, at a rate of emissi ons 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

PM 10 : 15 tpy

PM 2.5 : 10 tpy

Ozone: 40 tpy of volatile organic compounds or NO

x Lead: 0.6 tpy Fluorides: 3 tpy Sulfuric acid mist: 7 tpy Hydrogen sulfide (H 2 S): 10 tpy Total reduced sulfur (including H 2 S): 10 tpy Reduced sulfur compounds (including H 2 S): 10 tpy Municipal waste combustor organics (m easured as total tetra- through octachlorinated dibenzo-p-dioxins and dibenzofurans): 3.2 x 10 -6 megagrams per year (3.5

x 10 -6 tpy) Municipal waste combustor metals (measur ed as particulate matter): 14 megagrams per year (15 tons per year) Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen chloride): 36 megagrams per ye ar (40 tons per year) Municipal solid waste landfill em issions (measured as nonmethane organic compounds): 45 megagrams per y ear (50 tons per year)

"Six-minute period" means any one of t he ten equal parts of a one-hour period.Page 18 of 104 Linn County Ordinance # 3-3-2011 "Smoke" means gas-borne particulates resu lting from incomplete combustion, consisting predominantly, but no t exclusively, of carbon, and other combustible material, or ash, that form a visible plume in the air.

"Smoke monitor" means a device using a lig ht source and a light detector which can automatically measure and record the light- obscuring power of smoke at a specific

location in the flue or stack of a source.

"Source operation" means the last operat ion preceding the emission of an air contaminant, and which results in the separ ation of the air co ntaminant from the process materials or in the conversion of th e process materials into air contaminants, but is not an air pollution control operation.

"Stack, chimney or vent" means any flue, vent, conduit or duct arranged to conduct an air contaminant to the atmosphere.

"Standard conditions" means a gas temper ature of 70 degrees Fahrenheit and a gas pressure of 29.92 inches of mercury absolute.

"Standard cubic foot (SCF)" means the volu me of one cubic foot of gas at standard

conditions.

"Standard metropolitan statistical area (SMS A)" means an area that has at least one city with a population of at least 50,000 and such surro unding areas as geographically defined by the U.S. Bureau of the Budget (Department of Commerce).

"Startup" means the setting into operati on of any control equipment or process equipment or processes for any purpose.

"State Implementation Plan (SIP)" means th e plan adopted by the State of Iowa and approved by the Administrator which provid es for implementation, maintenance, and enforcement of such prim ary and secondary ambient air quality standards as are adopted by the Administrator, pursuant to the Act.

"Stationary source" means any building, structur e, facility or installa tion which emits or may emit any air pollutant.

"Subject to regulation" For purposes of th is chapter, the definit ion of "subject to regulation" shall be adopted by reference as defined in Io wa Administrative Code 567- 22.100 (455B).

"Theoretical air" means the exact amount of air required to supply the required oxygen for complete combustion of a given quant ity of a specific fuel or waste.

"Title V" means Title V of the Clean Air Ac t, 42 U.S.C. Sections 7401, et seq., and all rules promulgated thereunder.Page 19 of 104 Linn County Ordinance # 3-3-2011 "Total suspended particulate" means parti culate matter as measured by an EPAapproved reference method.

"Trade waste" means any refuse resulting fr om the prosecution of any trade, business, industry, commercial venture (including fa rming and ranching), or utility or service activity, and any governmental or instituti onal activity, whether or not for profit.

"12-month rolling period" m eans a period of 12 consecutive months determined on a rolling basis with a new 12-month period begi nning on the first day of each calendar

month.

"Untreated" as it refers to wood or wood pr oducts includes only wood or wood products

that have not been treated wit h compounds such as, but not limited to, paint, pigmentstain, adhesive, varnish, lacquer, or resin or that have not been pressure treated with compounds such as, but not limited to, chro mate copper, acetate, pentachlorophenol or

creosote. "Untreated" as it refers to s eeds, pellets or other vegetative matter that includes only wood or wood products t hat have not been treated with pesticides or fungicides.

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

"Variance" means a temporary waiver from rules, ordin ances, or standards granted by the Air Pollution Control Officer for a specif ied period of time governing the quality, nature, duration, or extent of emissions.

"Volatile organic compound" or "VOC" means any compound included in the definition of volatile organic compounds found at 40 CFR Section 51.100(s) as amended through January 21, 2009.

10.3 Air Quality Division

There is hereby created an air quality divi sion of the Linn County Public Health Department. An Air Pollution Control Office r shall be appointed by the Board of Health and shall perform duties under the supervision of the Director of the Linn County Public Health Department.

10.4 Title V and Voluntary Permits

1. Title V Permits. Except as hereafter modified, the Title V Permit regulations or rules as adopted by the Iowa Depar tment of Natural Resources and promulgated as 567 IAC Chapter 22, are hereby specifically incorpor ated by reference and adopted as a part of

this ordinance.

2. Voluntary Operating Permits . Except as hereafter modi fied the Voluntary Operating Permit regulations or rules as promul gated as 567 IAC Chapter 22, are hereby specifically incorporated by reference and adopted as a part of th is ordinance.Page 20 of 104 Linn County Ordinance # 3-3-2011 10.5 Locally Required Permits

1. Application for Permits. Every application for authorization to install or a permit to operate required under §10.5(2) and §10.5(3) shall be filed in the manner and form prescribed by the Air Po llution Control Officer.

2. Permits for Authorization to Install. Unless exempted in §10.5(9) any person building, erecting, altering or replacing any article, machine, equipment, or other contrivance, the use of which may cause the creation of or em ission of air contaminants shall first obtain a permit for authorization to install for such installations from the Air Pollution Control Officer. A permit for authorization to insta ll for new 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 additi ons to the existing sources and new equipment must be obtai ned before any on-site construction takes place.

The Air Pollution Control Officer must be notif ied of any modification or change made from the original plans.

Before an Authorization To Install is gr anted, the Air Pollution Control Officer may require the applicant to submit the design of sampling ports or continuous monitoring equipment as necessary for testing purposes in order to secure information that will disclose the nature, extent, quality or degree of air contaminants to be discharged into the atmosphere from the article, machine, equipment or other contrivance described in the application. The Air Pollution Control Office r shall notify the applicant in writing of the required size, number, and location of sa mpling holes; the si ze and location of sampling platform; the access to the sampling platform; and t he utilities for operating the sampling and testing equipment. The platform and access shall be constructed in accordance with good engineering practice.

a. Permit Form

Any person building, erecting, altering or repl acing any article, machine, equipment, or other contrivance, the use of which may cause the creation of or emission of air contaminants shall make application for a permi t for authorization of such installation or alteration. Said application shall c ontain the following basic information and any additional information pertinent to the individual case:

1) Name, address, and location of firm.

2) Whether installation is new or an alteration of an existing device.

3) Identification of t he emission point by number and its plant location.

4) Basic process or activity creating emission.

5) Basic principle of the control device.

6) Potential emission from source.Page 21 of 104 Linn County Ordinance # 3-3-2011 7) Type and quantity of the fi nal emission after control.

8) Estimated equipment operati on time in hours per week.

9) Engineering firm(s) responsible for design and installation.

10) Proposed installation completion date.

11) The name, address, and telephone num ber of the person submitting the application or, if such per son is a legal entity, t he name and address of the individual authorized to accept service of process on its behalf, and this person's signature.

12) One set of block diagrams and any other relevant information requested by the Air

Pollution Control Officer.

13) Any additional information deemed nece ssary by the Department to determine compliance with or applicability of rules for Prevention of Significant Deterioration.

14) A signed statement that ens ures the applicant’s legal entitlement to install and operate equipment covered by the permit app lication on the proper ty identified in the permit application. A si gned 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, ident ified construction project.

b. Public Notice Requirements

Before an Authorization to Install is iss ued for a proposed new major stationary source or authorization is issued for a significant m odification to an existing major source as defined in §10.2 and 567 IAC Chapter 33, a notice of intent shall be published by the Department in a newspaper hav ing 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 reques t. 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 hear ing. If the response indica tes significant interest, a public hearing may be held after due notice.

A copy of the notice announcing the opportunity for public comm ent shall be sent to the United States Environmental Protection Ag ency Regional Administ rator by the Air

Pollution Control Officer.

c. Duration of Permit

The expiration date of the Authorization To Install Permit shall be the proposed completion date plus a ninety (90) day adjustment period. If after this time a permit to operate has not been obtained to operate the ar ticle, machine, equipment, or otherPage 22 of 104 Linn County Ordinance # 3-3-2011 contrivance, the said equipment shall be shut down and not operated until such time as the Air Pollution Control Officer grants a permi t to operate the equipment. Extensions of the ninety (90) day adjustment period ma y be granted by the Air Pollution Control Officer for good cause. Expirati on of the Authorization To In stall permit does not relieve the applicant from complying with any permi t conditions which may have been a part of the original Authorization To Install permit.

d. Issuance of Permit

In no case shall an Authorizati on to Install permit that result s 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 Io wa 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 permi t condition, the Department ma y consider issuance of an Authorization to Install permit. An Author ization 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 specif ications represent equipment which reasonably can be expected to comply with all applicable emission standards,

and

2) That the expected emissions from t he proposed source or modification, in conjunction with all other emissions, will not prevent t he attainment or

maintenance of the ambient air quality standards spec ified in Section 10.1,

and

3) That the applicant has not relied on emission limits based on stack height that exceeds good engineering practice or any other dispersion techniques as defined in §10.9(6), and

4) That the applicant has met a ll other applicable requirements.

3. Permit to Operate. The Air Pollution Control Officer is delegated the authority to issue Permits to Operate. Before any arti cle, machine, equipment or other contrivance which when used may cause the creation or emission of air contaminants may be operated, continued in operati on, or used beyond the adjus tment period described in §10.5(2), a written permit sha ll be obtained from the Air Poll ution Control Officer. No Permit to Operate or Use shall be granted eit her by the Air Pollut ion Control Officer or the Board of Health for any article, mach ine, equipment, or contrivance described in §10.5(2) that was constructed or installed without authorization as required by §10.5(2), until the information required is presented to t he Air Pollution Control Officer. The Air Pollution Control Officer shall require the ar ticle, machine, equipment, or contrivance altered, if necessary, to conform to standar ds set forth in this ordinance, prior to granting the permit to operate.

a. Permit FormPage 23 of 104 Linn County Ordinance # 3-3-2011 Application for permit to operate shall be ma de on forms furnished by the Air Pollution Control Officer. The application shall in clude the name, addre ss and telephone number of the person submitting the appl ication or, if such person is a legal entity, the name and

address of the individu al authorized to accept service of process on its behalf and the name of the person in charge of the prem ises where the pertinent activities are

conducted.

b. Issuance of Permit

Permits to operate shall be issued only after the Air Pollution Control Officer has made appropriate tests and has deter mined that the control devic e is operating within the emission limits established by this Ordinance or as specified in any permit conditions and that operation of the equipm ent will not prevent the attainment or maintenance of the ambient air quality standards.

The Air Pollution Control officer may requi re special permit conditions on a case-bycase basis when the compliance status, histor y of operations, ambient air quality in the vicinity, or the type of control equip ment utilized warrants such actions.

c. Duration of Permit

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 §10.6(2).

d. Posting of Permit to Operate

A person who has been granted a Permit To O perate any article, machine, equipment,

or other contrivance descri bed in §10.5(3) shall firmly af fix an approved identification bearing the emission point numbe r upon the article, machine, equipment, stack or other contrivance in a clearly visible and accessibl e manner. In the event that the article, machine, equipment, or other contrivance is so constructed or operated that such identification can not be so pl aced, the emission point numb er 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 emissi on point number on any articl e, machine, equipment or

other contrivance.

4. Action on Application. The Air Pollution Control Officer shall act within a reasonable period of time on an application for Authorizat ion To Install or Permit to Operate, and shall notify the applicant in writing of the approval, condi tional approval, or denial.

5. Denial of Application. In the event of denial of an application for Authorization to Install or Permit to Operate, the Air Pollution Control Officer shall notify the applicant in writing of the reasons therefor e. Service of this notific ation may be made in person or by certified mail, and such service may be pr oven by the written acknowledgment of the persons served or by affidavit of the pers on making the service. The Air PollutionPage 24 of 104 Linn County Ordinance # 3-3-2011 Control Officer shall not accept any additi onal application unless the applicant has corrected the conditions specified by the Air Pollution Control Officer as the reasons for denial of the permit.

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

non-transferable:

a. From one location to another unless the equipment is portable. (1) ;

b. From one piece of equipment to a nother unless the equi pment is portable. (1) ;

c. From one person to another.

(1) 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 14 days prior to the transfer of the portable equipment to the new location. However, if the owner or operator is re locating the portable equipment to an area currently classified as nonattainment for ambient air quality st andards or to an area under a maintenance plan for ambient air qualit y standards, the owner or operator shall notify the department at least 30 days prior to transferri ng the portable equipment to the

new location. A list of nonattainment and ma intenance areas may be obtained from the department, upon request, or on the department’s Internet Web site . The owner or operator will be notified at least 10 days pr ior to the scheduled relocation if said relocation will prevent the at tainment or maintenance of ambient air quality standards and thus require a more stringent emission standard and the insta llation of additional control equipment. In such a case a suppl emental permit shall be obtained prior to the initiation of construction, inst allation, or alteration of such additional control equipment.

7. Certifications. The Air Pollution Contro l Officer shall, upon request of a holder of an Authorization to Install permit, furnish ce rtification that the described equipment was acquired and/or install ed pursuant to and required by this Ordinance.

8. Provision of Sampling and Testing Facilities. A person operating or using any article, machine, equipment or other contrivance fo r which these regulations require a permit shall provide and maintain such sampling and testing facilities as specified in the Authorization to Install pe rmit or Permit to Operate.

9. Exemptions from the Authorization to Install Permit and Permit to Operate Requirements. The provisio ns of §10.5 shall not apply to the following equipment, except when Prevention of Significant Deterioration St andards (567 IAC 33.1); New Source Performance Standards (40 CFR Part 60 NSPS), (567 IAC 23. 1(2), (§10.9(2));

Emission Standards for Hazardous Air Pollu tants (40 CFR Part 61 NESHAP), (567 IAC 23.1(3), (§10.9(3)); or Emi ssion Standards for Hazardous Air Pollutants for source categories (40 CFR Part 63 NESHAP), (567 IA C 23.1(4), (§10.9(4) are applicable)).

a. Fuel-burning equipment for indirect heating and re-heating furnaces or cooling units using natural or liquefied petroleum gas exclusively, with a capacity of less than 10 million BTU per hour input per combustion unit.Page 25 of 104 Linn County Ordinance # 3-3-2011 b. Fuel-burning equipment for indirect heat ing or cooling with a capacity less than one million BTU per hour input when burning, fuel oil grade #1 and #2,. This exemption does not apply to equipment burning waste oil.

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

d. Equipment used for cultivating land, har vesting 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 liv estock 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.

e. Direct-fired residential heat ers, cook stoves, or fir eplaces, which burn untreated wood, untreated seeds or pellets, or other untreated vegetative materials.

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 anal yses conducted for quality assurance or quality control activities, or for th e assessment of environmental impact.

g. Recreational fireplaces.

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

i. Storage tanks with a capac ity of 19,812 gallons or le ss and an annual throughput of less than 200,000 gallons.

j. Stacks or vents to prevent escape of sewer gases through plumbing traps. Systems which include any indus trial waste are not exempt.

k. Retail gasoline and diesel fuel handling facilities. The owner or operator of a retail gasoline dispensing facility (GDF) t hat is subject to applicable national emission standards for hazardous air po llutants (NESHAP) may not use this exemption in accordance with §10.5(9) unless the monthly throughput is less than 10,000 gallons of gasoline.

The owner or operator of an existing, or prior to installing, modifying or reconstructing a GDF which has a monthly throughput ≥ 10,000 < 100,000 gallons of gasoline, must submit to the department a completed registration, on forms provided by the department, certifyi ng 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).Page 26 of 104 Linn County Ordinance # 3-3-2011 The owner or operator of an existing, or prior to installing, modifying or reconstructing a GDF whic h has a monthly throughput ≥ 100,000 gallons of gasoline, must apply for a locally required permit pursuant to §10.5.

l. A non-production surface coating proce ss that uses only hand-held aerosol spray

cans.

m. Brazing, soldering, or welding equipment or portable cutting torches used only for non-production activities.

n. Asbestos demolition a nd renovation projects s ubject to 40 CFR 61.145 as amended through July 15, 1994, as amended in 567 IAC 22.1(2)"k".

o. A stationary internal combustion engine with a brake horsepower rating of less than 400 measured at the shaft, provided th at the owner or oper ator meets all of the conditions in this paragraph. For t he 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 perfo rmance standards (NSPS) and/or national emission standards for hazardous air pollu tants (NESHAP) based on the date the engine was manufactured, ordered, modifi ed or reconstructed may not use this exemption in accordance with §10.5(9). The owner or operator, prior to installing, modifying or reconstructing the engine, must subm it to the department a completed registration, on forms provi ded by the department, certifying that the engine is in compliance with t he following federal regulations: 1. New source performance standards (NSPS) for stationary compression ignition internal combustion engine s (40 CFR 60, Subpart IIII); or 2. New source performance standards (NSPS) for stationary spark ignition internal combustion engines (40 CFR Part 60, Subpart JJJJ); and

3. National emission standards for haz ardous air pollutants (NESHAP) for stationary reciprocating internal co mbustion engines (40 CFR Part 63, Subpart ZZZZ).

This is effective retroactive to the applicable effective date of the NSPS and/or

NESHAP which is based on the date the engi ne or fire pump was manufactured, ordered, modified or reconstructed.

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 cla ss equipment, wood shop equipment in classrooms, wood fired pottery kilns, and fuel-burning units with a capacity of less than one million Btu per hour fuel capac ity. This exemption does not apply

to incinerators.Page 27 of 104 Linn County Ordinance # 3-3-2011 r. Any container, storage tank, or vessel that contains a fluid having a maximum true vapor pressure of less than 0.75 ps ia. "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 r eported 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, routi ng, turning, drilling, machining, sawing, surface grinding, sanding, planing, buffing, sandblast cleaning, shot blasting, shot peening, or polishing ceramic artwork, l eather, metals (other than beryllium), plastics, concrete, rubber, paper stock, and wood or wood products, where such equipment is either used for non-producti on activities or exhausted inside a building.

t. Manually operated equipment, as defi ned in 567 IAC 22.100, used for buffing, polishing, carving, cutting, drilling, machin ing, routing, sanding, sawing, scarfing, surface grinding, or turning.

u. Incinerators and pyrolysis cleaning furnac es with a rated refuse burning capacity of less 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 r educes 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 reducti on is made. If a construction permit has been previously issued for the equipment or control equipment, all other conditions of the c onstruction permit remain in effect.

w. The following equipment, processes, and activities:

(1) Cafeterias, kitchens, and other facilitie s used for preparing food or beverages primarily for consumption at the source.

(2) Consumer use of office equipment and products, not including printers or businesses primarily involved in photographic reproduction.

(3) Janitorial services and consum er use of janito rial products.

(4) Internal combustion engines used fo r lawn care, landscaping and grounds keeping purposes.

(5) Laundry activities located at a stationar y 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. Th is exemption does not include laundry activities that use dry cleani ng equipment or steam boilers.Page 28 of 104 Linn County Ordinance # 3-3-2011 (6) Bathroom vent emissions, including toilet vent emissions.

(7) Blacksmith forges.

(8) Plant maintenance and upkeep activiti es and repair or maintenance shop activities (e.g., grounds keeping, general repairs, cleaning, pai nting, welding, plumbing, retarring roofs, installing insula tion and paving parking lots), provided

that these activities are not conducted as part of manufacturing process, are not related to the source’s primary busine ss activity, and do not otherwise trigger a permit modification. Cleaning and painting ac tivities qualify if they are not subject to requirements for volatile organic co mpounds or hazardous air pollutants as

defined in 567 IAC 22.100.

(9) Air compressors and vacuum

, pumps, including hand tools.

(10) Batteries and battery charging stations , except at batte ry manufacturing plants.

(11) Equipment used to store, mix, pump, handle or package soaps, detergents, surfactants, waxes, glycerin, vegetabl e oils, greases, animal fats, sweetener, corn syrup, and aqueous salt or caustic solutions, provided that appropriate lids

and covers are utilized and that no or ganic 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 electr ical power generating equipment.

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

(14) Natural gas pressure regulator vent s, excluding venting at oil and gas production facilities.

(15) Equipment used by surface coating oper ations that apply the coating by brush, roller, or dipping, except equipment that emits volatile organic compounds or hazardous air pollutants as defined in 567 IAC 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 cham bers, and solar simulators.

(19) Fugitive dust emissions related to movement of passenger vehicles on unpaved road surfaces, provided that t he emissions are not accounted for applicability purposes and that any fugitive dust control plan or its equivalent is submitted as required by the Department.Page 29 of 104 Linn County Ordinance # 3-3-2011 (20) Process water filtration systems and dem ineralizers, demineralized water tanks, and deminer alizer vents.

(21) Boiler water treatment oper ations, not including cooli ng towers or lime silos.

(22) Oxygen scavenging (deaeration) of water.

(23) Fire suppression systems.

(24) Emergency road flares.

(25) Steam vents, safety relie f valves, and steam leaks.

(26) Steam sterilizers.

(27) Application of hot melt adhesives from closed-pot systems using polyolefin compounds, polyamides, acrylics, ethyl ene vinyl acetate and urethane material when stored and applied at the manufac turer’s recommended temperatures. Equipment used to apply hot melt adhesives shall have a safety device that automatically shuts down t he equipment if the hot melt temperature exceeds the manufacturer’s recommended ap plication temperature.

x. Direct-fired equipment burning natural gas, propane, or liquefied propane with a capacity of less than 10 million Btu per hour input, and direct-fired equipment burning fuel oil with a capacity of le ss 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 s hall otherwise be exempt under this

subrule.

y. Closed refrigeration syst ems, including storage tan ks used in refrigeration systems, but excluding any combusti on equipment associated with such systems.

z. Pretreatment applicat ion processes that us e aqueous-based chemistries designed to clean a substrate, provided t hat the chemical concentrate contains no more than 5 percent organic solvents by weight. This exemption includes pretreatment processes that use aqueous-based cleaners, cleanerphosphatizers, and phosphate conver sion 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 milli on 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 pow der usage is less than the exemption

threshold.Page 30 of 104 Linn County Ordinance # 3-3-2011 cc. Any production surface coating activity that uses only n onrefillable 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.

dd. Production welding.

(1) Welding using a consumable elec trode, provided that the consumable

electrodes used fall within Americ an Welding Society specification A5.18/A5.18M for Gas Metal Arc Welding (GMAW), A5.1 or A5.5 for Shielded Metal Arc Welding (SMAW), and A5.20 fo r Flux Core Arc Welding (FCAW), and provided that the quantity of all electrodes used at the stationary source of the acceptable specifications is below 200,000 pounds per year of GMAW and 28,000 pounds per year for SMAW or FCAW. Records that identify the type and annual amount of welding electr ode used shall be maintained on site by the owner or operator for a peri od of at least two calendar years. For stationary sources where elec trode usage exceeds these levels, the welding activity at the stationary source may be ex empted 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 SMAW or FCAW

Where x is the minimum distance to t he 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 weldi ng, 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 uncoat ed, excluding manufacturing process

lubricants.

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

ff. Pressurized piping and storage syst ems for natural gas , propane, liquefied petroleum gas (LPG), and re frigerants, where emission s could only result from an upset condition.

gg. Emissions from the storage and mixing of paints and solvents associated with the painting operations, provi ded 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 pr inters 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.

ii. A regional collection cent er (RCC), as defined in 567 IAC Chapter 211, involved in the processing of permitted haza rdous materials from households andPage 31 of 104 Linn County Ordinance # 3-3-2011 conditionally exempt small quantity generators (CESQG), not to exceed 1,200,000 pounds of VOC 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 eligib le to use this exemption.

jj. Cold solvent cleaning machines that ar e not in-line cleaning machines, where the maximum vapor pressure of the solvent s used shall not exceed 0.7 kPa (5 mmHg or 0.1 psi) at 20°C (68°F). T he machine must be equipped with a tightly

fitted cover or lid that shall be closed at all times except during parts entry and removal. This exemption can not be us ed for cold solvent cleaning machines that use solvent containing methylene chloride (CAS # 75-09-2), Perchloroethylene (CAS # 127-18-4), tric hloroethylene (CAS # 79-01-6), 1,1,1- trichloroethane (CAS # 71-55- 6), carbon tetrachloride (CAS # 56-23-5) or chloroform (CAS # 67-66-3), or any co mbination of these halogenated HAP solvents in a total concentration gr eater than 5 percent by weight.

kk. Emissions from mobile over-the -road trucks, and mobile agricultural and construction internal combustion engine s 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 IAC 22.100.

ll. Reserved.

10. Emissions Offsets for Non-Attainment Designated Areas. Rule 567 IAC 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 cr edit allowed for stac k heights that exceed "good engineering practice", the Iowa Administrative Code ru le 567-23.1(5) as amended, shall apply and is hereby made a part of this Ordinance by reference.

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 authoriz ation 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 distri cts are not required to pay such fee

.

2. Annual Fee for Permit to Operate. Each Permit to O perate shall be renewed on the annual operating fee due date, (her eafter referred to as the in voice due 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.

The annual renewal fee shall be payable for each Permit to Operate, and shall be paid by the invoice due date.Page 32 of 104 Linn County Ordinance # 3-3-2011 If the annual operating fee is not paid by the invoice due dat e, the permit shall expire and no longer be valid. The permit holder sha ll be notified by mail by the Air Pollution

Control Officer.

The Air Pollution Control Officer shall have the authority to deny renewal of any Permit To Operate for equipment that is found to be out of compliance with the emission standards or requirements set out in this Ordinance. The Air Pollution Control Officer shall have the authority to deny issuance of, or the renewal of, any permit to any person who has been previously cited for any violat ion of this Ordinance and who has not paid in full all fines, court costs and restitution entered as a judgment against them or who is not in current with any Court ordered payme nt plan for such fines, court costs and restitution. This provisi on does not limit the Air Pollut ion Control Officer's power to otherwise collect unpaid fines, c ourt costs or restitution.

3. Filing Fees for Untimely Permits. No twithstanding 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 In stall and a Permit to Operate for emission sources already in operation; or for renewal s made after the expiration date; shall pay a late filing fee for each permit or renewal required. Nothi ng 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 co llection of this filing fee.

4. Fees required under Sections 10.6( 1), 10.6(2) and 10.6(3) above shall be recommended by the Air Pollution Control Offi cer and be established by resolution of the Linn County Board of Supervisors.

10.7 Visible Emissions

No person shall allow, cause, or permit the emission of vi sible air contaminants of a density or shade equal to or darker than that designated 20 percent opacity, into the atmosphere from any equipment, internal com bustion engine, premise fire, open fire, or stack, except as provided below and in §10.15. The federal method for visual determination of opacity of emissions and requirements for qualified observers as defined in Method 9, 40 CFR Part 60, Appendix A, as amended through March 12, 1996 in 567 IAC 29.1 is adopted by reference.

To qualify as an observer, an individual must meet the requirement s of 567-29.1 of the

Iowa Administrative Code.

1. General Exceptions.

a. Residential Heating Equi pment. Residential natural or propane gas fired heating equipment serving dwellings of 4 fa mily units or less is exempt.

b. Gasoline-powered Vehicles. No per son shall allow, cause or permit the

emissions of visible air contaminants fr om gasoline-powered motor vehicles for longer than 5 consecutive seconds.Page 33 of 104 Linn County Ordinance # 3-3-2011 c. Diesel-powered Vehicles. No person sha ll allow, cause, or permit the emission

of visible air contaminants from diesel -powered motor vehicles of a shade or density equal to or darker than that desi gnated as 40 percent opacity, for longer

than 5 consecutive seconds.

d. Diesel-powered Locomotives. No pers on shall allow, cause, or permit the

emission of visible air contaminants fr om diesel-powered locomotives of a shade or density equal to or darker than that designated as 40 percent opacity, except for a maximum period of 40 consecutive seconds during acceleration under load, or for a period of 4 consecutive minutes when a locomotive is loaded after a period of idling.

e. Startup and Testing. Init ial start and warm-up of a cold engine, the testing of an engine for trouble, diagnosis or repai r, or engine research and development activities, is exempt.

f. A darkness or opacity equal to but no gr eater than 40 percent opacity shall be permitted for a period or periods aggregat ing 6 minutes in any 60 minute period when building a new fire, cleaning a fire, cleaning pollution cont rol equipment or when blowing tubes and flues in a power plant, heating plant, or a domestic heating plant. This time may be ex tended for scheduled maintenance with the approval of the Air Pollution Control Officer.

g. Uncombined Water. The provisions of this paragraph shall apply to any emission which would be in violation of these pr ovisions except for the presence of uncombined water, such as condensed water vapor.

2. Abnormal conditions or breakdown whic h cause emissions in excess of the limitations specified a bove shall comply with §10.14 of this Ordinance.

10.8 Emissions From Fuel-Burning Equipment

1. General Provisions.

a. This section applies to installations in which fuel is burned for the primary purpose of producing steam, hot water, hot air or other liq uids, gases or solids and in the course of doing so, the pr oducts of combustion do not come into direct contact with process materials. Fuel includes those such as coal, coke, lignite, coke breeze, fuel oil,

and wood but does not include refuse. Wh en any products or by-products of a manufacturing process are burned for the same purpose or in conjunction with any fuel,

the same maximum emission limitations shall apply.

b. The heat content of coal shall be det ermined according to ASTM standard method D-3176-84, "Ultimate Analysis of Coal and Coke", and ASTM standard method D-3180- 84, "Calculating Coal and Coke Analyses From As-determined to Different Bases", or

ASTM standard test method D-32 86-82, "Gross Calorific Val ue of Solid Fuel by the

Isothermal-Jacket Bomb Calori meter". The heat content of oil shall be determinedPage 34 of 104 Linn County Ordinance # 3-3-2011 according to ASTM standard test met hod D-240-76 (Re-approved 1980), "Heat of Combustion of Liquid Hydrocarbon Fuels by Bomb Calorimeter". The four publications cited in this section are hereby made part of this Ordinance by reference.

c. For purposes of this Ordinance the heat input shall be the aggregate heat content of all fuels whose products of combusti on pass through a stack or stacks. The heat input value used shall be the equipment manufacturer 's or designer's guaranteed maximum input, whichever is greater. The to tal heat input of all fuel-burning units on a plant or premises shall be used for dete rmining the maximum allowable amount of particulate matter which may be emitted.

d. With the exception of New Source Pe rformance Standard Sources as defined in §10.9(2) of this Ordinance, t he amount of particulate matter emitted shall be measured according to the State of Iowa Complianc e Sampling Manual, which publication is made a part of this Ordinance by reference. Any other method which is in accordance with good professional practice may be used with t he approval of the Air Pollution Control

Officer.

2. Emission Limitation.

a. No person shall cause or permit the em ission of particulate matter caused by

combustion of fuel in fuel -burning equipment, from any sta ck or chimney in excess of the quantities set forth in the following table:

Maximum allowable emission of particulate matter in pounds per Heat input millions of hour per million British

British thermal units thermal units of heat per hour. input.

________________________

________________________ ________

10 0.600

50 0.412

100 0.352

500 0.242 1,000 0.207 4,000 0.150 8,000 0.102 10,000 0.0904 15,000 0.0717 20,000 0.0607 40,000 0.0409 50,000 0.0358 100,000 0.0243

b. Interpolation of the data in this tabl e for heat inputs greater than 10 but less than 4,000 million BTU per hour shall be accomp lished by the use of the equation:Page 35 of 104 Linn County Ordinance # 3-3-2011 Y = 1.02 (X) -0.231

Except as provided in §10.8(3) of this Ordinance, fuel burning equipment with heat inputs less than 10 million BTU, 0.6 lb/milli on BTU shall apply. Interpolation and extrapolation of the data for heat inputs equal to or greater than 4,000 million BTU per hour shall be accomplished by use of the equation:

Y = 17.0 (X) -0.568

where Y equals the allowable rate of em ission in pounds per million BTU and X equals the maximum equipment capacity rate in million BTU per hour.

c. For a new fossil fuel-fired steam gener ating unit of more than 250 million BTU per hour heat input, §10.9(2)(a)(1) shall apply . For a new unit of between 150 million and 250 million (inclusive) BTU per hour heat input, the maximum allowable emissions from such new unit shall be 0.2 pounds of par ticulates per million BTU of heat input.

For a new unit of less than 150 million BTU per hour heat input, the maximum allowable

emissions from such new unit sha ll be as determined in §10.8(2)(a).

3. Exemption for Residential Heaters Burning Solid Fuels Residential heaters meeting t he definition of "fuel burni ng equipment" pursuant to Section 10.8.1(a) of this ordinance, with a manufacturer rated heat input of 500,000 Btu/hr or less burning solid fuel s, that was installed prior to October 1, 2009, and meets the following criteria and standards are exempt from the emission standard for particulate matter specified in Section 10.8(2)(b).

a. Residential heaters shall be limi ted to the followin g solid fuels. 1) Untreated wood; 2) Wood pellets made fr om untreated wood; 3) Home heating oil in compliance with the applicable sulfur content limit, propane or natural gas may be used as starter f uels for dual-fired resi dential heaters as specifically permitted by m anufacturer’s instructions; 4) Trees, tree trimmings, branches, and stum ps, but does not include brush, weeds, leaves, grass, shrubbery, yard trimmings , or other landscape wastes as allowed pursuant to Section 10. 10 of this ordinance. 5) Biomass as defined in Sect ion 10.2 of this ordinance.

b. Residential heaters located on property t hat is incorporated or zoned Urban Service Residential (USR), Rural Residential 1 (RR1 ), Rural Residential 2 (RR2), or Rural Residential 3 (RR3), Village Residentia l (VR), or Village Mixed-Use (VM): 1) The owner shall not oper ate the residential heater during the period starting May 15 and ending September 15. 2) Excluding untreated w ood or biomass generated on site that may be openly burned pursuant to Section 10.10 of this ordinance, the owner shall not combust more than 18,000 lbs (5 cords) of fuel per annual heating season.Page 36 of 104 Linn County Ordinance # 3-3-2011 3) The residential heater shall either: a) be no closer than 200 f eet to the nearest property zoned USR, RR1, RR2, or RR3 VM, or VR not served by the residential heater; OR b) have, by no later than October 1, 2012, a permanent stack that extends two feet higher than the peak of any roof st ructure that is lo cated within 300 feet

of the residential heater not served by the residential heater but no less than 15 feet above ground level and need be no gr eater than 25 feet above ground

level.

c. Residential heaters proper ty that is NOT incorpor ated or zoned Urban Service Residential (USR), Rural Residential 1 (RR1 ), Rural Residential 2 (RR2), or Rural Residential 3 (RR3), Village Residentia l (VR) or Village Mixed-Use (VM): 1) Excluding untreated w ood or biomass generated on site that may be openly burned pursuant to Section 10.10 of this ordinance, the owner shall not combust more than 54,000 lbs (15 cords) of fuel per annual heating season. 2) If the residential heater is within 500 feet of an occupi ed structure not served by the boiler, then by no later than October 1, 2012, the residentia l heater shall have a permanent stack that extends 15 feet above ground level. 3) The owner of a residential heater may el ect to comply with the requirements of subparagraph "b" of this section rather than the requirements specified in subparagraph "c."

4. Nuisance Conditions fo r Fuel Burning Equipment a. No person shall cause or allow emissi ons of air contaminants to the outdoor atmosphere of such quantity, characterist ic or duration that are injurious to human, plant or animal life or to property , or that unreasonably interfere with the comfortable enjoyment of life or property. Notwithst anding the existence of specific air quality standards or emission limits, this prohib ition applies, but is not limited to, any particulate, fume, gas, mist, odor, smoke, vapor, toxic, or deleterious emission, either alone or in combinatio n with others. b. If existing fuel burning equipment is, thr ough the course of a proper investigation by the Department, creating a verifiable nuisance, the followin g steps shall be taken by the owner at the direction of the Department. 1) Modifications made to the unit to eliminate the nui sance such as extending the chimney, fuel management, or reloca ting the residential heater or both. 2) Cease and desist operating the unit unt il reasonable steps can be taken to

ensure that the residential heater will not be a nuisance.

10.9 Emissions Standards

1. Emissions of Particulate Matter No person shall permit, cause, suffer or allow the emission of particulate matte r into the atmosphere in an y 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 em ission point. In any case, the emission of particulate matter from any process shall not exceed an emission st andard 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.Page 37 of 104 Linn County Ordinance # 3-3-2011 TABLE I

ALLOWABLE RATE OF EMISSION BASED ON PROCESS

WEIGHT RATE*

Process Weight Rate Rate of Emission

Lb/Hr Tons/Hr Lb/Hr

100 0.05 0.551

200 0.10 0.877

400 0.20 1.40

600 0.30 1.83

800 0.40 2.22 1,000 0.50 2.58 1,500 0.75 3.38 2,000 1.00 4.10 2,500 1.25 4.76 3,000 1.50 5.38 3,500 1.75 5.96 4,000 2.00 6.52 5,000 2.50 7.58 6,000 3.00 8.56 7,000 3.50 9.49 8,000 4.00 10.40 9,000 4.50 11.20 10,000 5.00 12.00 12,000 6.00 13.60 14,000 7.00 15.10 16,000 8.00 16.50 18,000 9.00 17.90 20,000 10.00 19.20 30,000 15.00 25.20 40,000 20.00 30.50 50,000 25.00 35.40 60,000 30.00 40.00 70,000 35.00 41.30 80,000 40.00 42.50 90,000 45.00 43.60 100,000 50.00 44.60 120,000 60.00 46.30 140,000 70.00 47.80 160,000 80.00 49.00 200,000 100.00 51.20 1,000,000 500.00 69.00 2,000,000 1,000.00 77.60 6,000,000 3,000.00 92.70

*Interpolation of the data in this tabl e for process weight rates up to 60,000 lb/hr shall be accomplished by the use of the equation:Page 38 of 104 Linn County Ordinance # 3-3-2011 and interpolation and extrapolati on of the data for process weight rates in excess of 60,000 lb/hr shall be accomplishe d by use of the equation:

where E = rate of emission in lb/hr, and P = process weight in tons/hr.

a. General Emission Rate: The emission stand ards specified in this section shall apply and those specified in §§10.8 and 10.9 and Table I shall not apply to each process of the types listed in the following sections, wit h the following exception: whenever the compliance status, history of operations, ambient air quality in the vicinity, or the type of control equi pment utilized, would warrant maximum control, the Air Pollution Control Officer shall enforce 0.1 gr ains per standard cubic foot of exhaust gas, Section 10.8 or Section 10.9, whichever would result in the lowest allowable emission

rate.

b. Asphalt Batching Plants. No person shall cause, allow or permi t the operation of an asphalt batching plant in a manner such t hat the particulate matter discharged to the atmosphere exceeds 0.15 grains per standard cubic foot of exhaust gas.

c. Cement Kilns. Cement kilns shall be equipped with air pollution control devices to reduce the particulate matter in the gas discharged to the atmosphere to no more than 0.3 percent of the parti culate matter entering the ai r pollution control device. Regardless of the degree of effi ciency of the air pollution control device, particulate matter discharged from such kilns shall not ex ceed 0.1 grains per st andard cubic foot of exhaust gas.

d. Cupolas for Metallurgical Melting. The emissions of particulate matter from all new foundry cupolas, and from all existing foundr y cupolas with a process weight rate in excess of 20,000 pounds per hour, shall not exceed the amount determined from Table I. The emission of particulate matter from all existing foundry cupolas with a process weight rate less than or equal to 20,000 poun ds per hour shall not exceed the amount

determined from Table II.

TABLE II

ALLOWABLE EMISSIONS FROM EXISTING

SMALL FOUNDRY CUPOLAS

Process Weight Rate Allowable Emission (lb/hr) (lb/hr)

1,000 3.05 2,000 4.70 E P  

5500 40 0 11 .( )

. ) ( 10

. 4 67

. 0 P E Page 39 of 104 Linn County Ordinance # 3-3-2011 3,000 6.35 4,000 8.00 5,000 9.58 6,000 11.30 7,000 12.90 8,000 14.30 9,000 15.50 10,000 16.65 12,000 18.70 14,000 20.15 16,000 21.60 18,000 23.40 20,000 25.10

e. Electric Furnaces for Metallurgical Melt ing. The emissions of particulate matter to the atmosphere from electric furnaces us ed for metallurgical melting shall not exceed 0.1 grains per standard cubic foot of exhaust gas.

f. Feed Grinding and Mixing Plants. No per son shall cause, allow, or permit the operation of equipment for the handling, grinding, mixing, or blending of grain products for use as animal food or food supplement such that the particulate matter discharged to the atmosphere exceeds 0.1 grains per standard cubic foot of exhaust gas.

g. Grain Handling and Proce ssing Plants. No person sha ll cause, allow, or permit the operation of equipment at a permanent installation for the handling or processing of grain, grain products and grain by-products such that the particulate matter discharged to the atmosphere exceeds 0.1 grains per standard cubic foot of exhaust gas.

a. The particulate matter discharged to t he atmosphere from a grain bin vent at a country grain elevator, as "country grai n elevator" is defined in 567 IAC 22.10(1), shall not exceed 1.0 grai n per dry standard cubic f oot of exhaust gas.

b. The particulate matter discharged to the atmosphere from a grain bin vent that was constructed, modified or recons tructed before March 31, 2008, at a country grain terminal elevator, as "country grain te rminal elevator" is defined in 567 IAC 22.10(1), or at a grain terminal elevator, as "grain terminal elevator" is defined in 567 IAC 22.10(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 IAC 22.10(1), or at a grain terminal elevator, as "grain terminal elevator" is defined in 567 IAC 22.10(1), shall not exceed 0.1 grain per dry standard cubic foot of exhaust gas.

h. Lime Kilns. No person shall cause, allo w, or permit the operation of a kiln for the processing of limestone such t hat the particulate matter in the gas discharged to the atmosphere exceeds 0.1 grains per standard cubic foot of exhaust gas.Page 40 of 104 Linn County Ordinance # 3-3-2011 i. Meat Smokehouses. No person shall caus e, allow, or permit the operation of a meat smokehouse or a group of meat smokehouses which cons ume more than ten (10) pounds of wood, sawdust, or other material per hour such that the particulate matter discharged to the atmosphere exceeds 0.2 grains per standar d cubic foot of exhaust

gas.

j. Phosphate Proce ssing Plants.

1) Phosphoric acid manufacture. No per son shall allow, cause, or permit the operation of equipment for the manufacture of phosphor ic 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 equiva lent input.

2) Diammonium phosphate manufacture. No person shall allow, cause, or permit the operation of equipment for the manuf acture of diammonium phosphate that was in existence on October 22, 1974, in a manner that produc es more than 0.15 pounds of fluoride per ton of phosphorous pentoxide or equiva lent input.

3) Nitrophosphate manufacture. No pers on shall allow, cause, or permit the operation of equipment for the manufacture of nitr ophosphate in a manner that produces more than 0.06 pound s 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 t on of phosphorous pentoxide or its equivalent input.

5) Notwithstanding "1" thr ough "4," no person shall allo w, cause, or permit the operation of equipment for the processi ng of phosphorus ore, rock or other phosphatic material including, but not lim ited to , phosphoric acid, in a manner that emissions of fluorides exceed 100 pounds per day.

6) "Fluoride" means elemental fluorine and all fluoride compounds as measured by reference methods specified in Appen dix A to 40 CFR Part 60 as amended through March 12, 1996, as adopted in 567 IAC Chapter 23.

7) Calculation. The allowable total em ission of fluoride shall be calculated by multiplying the unit emission specified above by the expre ssed design production capacity of the process equipment.

k. Portland Cement Batching Plants. No person shall cause, allow, or permit the operation of a Portland cement batching plant su ch that the particula te matter in the gas discharged to the atmosphere exceeds 0.1 grains per standar d cubic foot of exhaust

gas.Page 41 of 104 Linn County Ordinance # 3-3-2011 l. Incinerator. A person s hall not cause, allow, or permit the operation of an incinerator unless it is provided with appropria te control of emissions of particulate

matter and visible air contaminants.

1) Particulate matter. A pers on shall not cause, allow, or permit the operation of an

incinerator in a manner such that t he 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 1000 pounds per hour in a manner such that the particulate matte r discharged to the atmosphere exceeds 0.35 grains per standard cubic foot of ex haust gas adjusted to 12 percent carbon

dioxide.

2) Visible emissions. A person shall not a llow, cause, or permi t the operation of an

incinerator in a manner such that it produces visible emissions which have an appearance, density, or shade dar ker than 20% opacity or t hat level specified in a federally enforceable permit; except t hat 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 t han 3 minutes in any 60 minute period during an operation breakdown or during the cleaning of air pollution control equipment.

m. Sand Handling and Surface Finishing Operations in Metal Processing. This subsection shall apply to any new foundry or metal processing operation not properly termed a combustion, melting, baking or po uring operation. For purposes of this subsection, a new process is any process which has not started operation, or the construction of which has not been commenced, or the components of which have not

been ordered or contracts for the construction of which have not been let on August 1, 1977. No person shall allow, cause, or permit the opera tion of any equipment designed for sand shakeout, mulling, mold ing, cleaning, preparation, re clamation or rejuvenation or any equipment for abrasive cleaning, shot blasting, gr inding, cutting, sawing or buffing in such a manner that particulate matter discharged from any stack exceeds 0.05 grains per dry standard cubic foot of exhaust gas, r egardless of the types and number of operations that discharge from the stack.

n. Painting and Surface Coating Operati ons. No person shall allow, cause, or permit painting and surface coating operations in a manner such that particulate matter in the gas discharge exceeds 0.01 grains per standard c ubic foot of exhaust gas.

2. New Source Performance Standards. T he federal standards of performance for new stationary sources, as def ined in 40 CFR Part 60 as amended or corrected through October 8, 2009, as adopted in 567 IAC 23.1(2), are adopt ed by reference except §60.530 through §60.539b (Part 60, Subpart AAA) , and shall apply to the following affected facilities. The corresponding 40 CFR Part 60 subpart designation is in parentheses. Reference test methods (A ppendix A), performanc e specifications (Appendix B), determination of emission ra te change (Appendix C) quality assurancePage 42 of 104 Linn County Ordinance # 3-3-2011 procedures (Appendix F) and the general provisions (Subpart A) of 40 CFR Part 60 also apply to the affected facilities.

a. Affected Facilities.

(1) Fossil Fuel-Fired Steam G enerators. A fossil fuel-fir ed steam generating unit of

more than 250 million BTU heat input for which construction, reconstruction, or

modification is commenc ed after August 17, 1971. Any facility covered under paragraph "26" below is not covered under this paragraph. (Subpart D)

(2) Incinerators. An incinerator of more than 50 tons per day charging rate. (Subpart E)

(3) Portland Cement Plants. Any of the following in a Po rtland cement plant: kiln; clinker cooler; raw mill system; finish mill system; raw mill drye r; raw material storage; clinker storage; finished product storage; conveyor transfer points, bagging and bulk loading and unloading systems. (Subpart F)

(4) Nitric Acid Plants. A nitric acid production unit. (Subpart G)

(5) Sulfuric Acid Plants. A sulfuric acid production unit. (Subpart H)

(6) Asphalt Concrete Plants. An asphalt concrete plant. (Subpart I)

(7) Petroleum Refineries. Any of the followi ng at a petroleum refi nery: Fluid catalytic cracking unit catalyst regenerator; fluid ca talytic cracking unit incinerator-waste heat boilers; fuel gas combustion devices, and claus sulfur recovery plants greater than 20 long tons per day. (Subpart J)

(8) Secondary Lead Smelters. Any of the fo llowing in a secondary lead smelter: Pot

furnaces of more than 250 kilograms (550 pounds) chargi ng capacity; blast (cupola) furnaces; and reverberatory furnaces. (Subpart L)

(9) Secondary Brass and Bronze Ingot Produc tion Plants. Any of the following at a secondary brass and bronze ingot production plant: Reverberatory and electric furnaces of 1000 kilograms (2205 pounds) or greater production capacity and blast (cupola) furnaces of 250 kilograms per hour (550 pounds per hour) or greater production capacity. (Subpart M)

(10) Iron and Steel Plant s. A basic oxygen proce ss furnace. (Subpart N)

(11) Sewage Treatment Plant s. An incinerator which burns the sludge produced by municipal sewage treatment plants. (Subpart O of 40 CFR 60 and Subpart E of 40 CFR 503)

(12) Steel Plants. Either of the following at a steel plant: Electric arc furnaces and dust-handling equipment constructed, modified, or reconstructed after October 21, 1974, and on or before August 17, 1983. (Subpart AA)Page 43 of 104 Linn County Ordinance # 3-3-2011 (13) Primary Copper Smelte rs. Any of the following at a primary copper smelter: Dryer, roaster, smelting furnac e and copper converter. (Subpart P)

(14) Primary Zinc Smelters. Either of the following at a primary zinc smelter: A roaster or a sintering machine. (Subpart Q)

(15) Primary Lead Smelter. Any of the following at a primary lead smelter: Sintering machine, sintering machine discharge end, bl ast furnace, dross reverberatory furnace,

converter and electric smel ting furnace. (Subpart R)

(16) Primary Aluminum Reduction Plants. Either of the following at a primary aluminum reduction plant: Potroom gr oups and anode bake plants. (Subpart S)

(17) Wet Process Phosphoric Acid Plants in the Phosphate Fertilizer Industry. A wet process phosphoric acid plant, which include s any combination of the following: Reactors, filters, evaporators and hotwells. (Subpart T)

(18) Superphosphoric Acid Plants in the Phosphate Fertilizer Industry. A superphosphoric acid plant, which includes any combination of the following: Evaporators, hotwells, acid sumps, and cooling tanks. (Subpart U)

(19) Diammonium Phosphate Plants in the Phosphate Fert ilizer Industry. A granular diammonium phosphate plant, which include s any combination of the following: Reactors, granulators, dryers, cooler s, screens and mills. (Subpart V)

(20) Triple Superphosphate Plants in the Phosphate Fertiliz er Industry. A triple superphosphate plant, which includes any combinat ion of the following: Mixers, curing belts (dens), reactors, granulat ors, dryers, cookers, screens, mills and facilities which store run-of-pile triple s uperphosphate. (Subpart W)

(21) Granular Triple S uperphosphate Storage Facilities in the Phosphate Fertilizer Industry. A granular trip le superphosphate storage facility, which includes any

combination of the follo wing: Storage or curing piles, co nveyors, elevators, screens and mills. (Subpart X)

(22) Coal Preparation Plants. Any of t he following at a coal preparation plant which processes more than 200 tons per day: Thermal dryers; pneumatic coal cleaning equipment (air tables); coal processing and conveying equipment (including breakers and crushers); coal storage systems; and c oal transfer and loading systems. (Subpart Y)

(23) Ferroalloy Production. Any of the following: Electric submerged arc furnaces which produce silicon metal, ferrosilicon, ca lcium silicon, silicomanganese zirconium, ferrochrome silicon, silvery iron, high-ca rbon ferrochrome, charge chrome, standard ferromanganese, silicomanganese, ferromanganese silicon, or calcium carbide; and dust-handling equipment. (Subpart Z)Page 44 of 104 Linn County Ordinance # 3-3-2011 (24) Kraft Pulp Mills. Any of the following in a kr aft pulp mill: Digester system; brown stock washer system; multiple effect evaporator system; black liquor oxidation system; recovery furnace; smelt dissolvin g tank; lime kiln; and condensate stripper system. In pulp mills where kr aft pulping is combined with neutral sulfite semichemical pulping, the provisions of the standard of performance ar e applicable when any portion of the material charged to the affected facilit y is produced by the kraft pulping operation. (Subpart BB)

(25) Lime Manufacturing Plants. A rotary lime kiln or a lime hydrator used in the

manufacture of lime at other t han a kraft pulp mill. (Subpart HH)

(26) Electric Utility Steam Generating Units. An elec tric utility steam gathering unit that is capable of combusting more than 250 million BTUs per hour (73 megawatts) heat input of fossil fuel for which construction or modification or reconstruction is commenced after September 18, 1978, or an electric utility combined cycle gas turbine that is capable of combusting more than 250 million BTUs per hour (73 megawatts) heat input. An electric steam generating unit is any fo ssil fuel-fired combusti on of more than 25 megawatts electric (MW) that serves a generat or that produces elec tricity for sale. A unit that cogenerates steam and electricity and supplies mo re than one-third of its potential electric output capacity and more than 25 MW output to any utility power distribution system for sale is also an el ectric utility steam generating unit. . (Subpart Da)

(27) Stationary Gas Turbines. Any simp le cycle gas turbine, regenerative cycle gas turbine, or any gas turbine portion of a combined cycle steam/electric generating system that is not self-propelled. It may, however, be mounted on a vehicle for portability. (Subpart GG)

(28) Petroleum Storage Vessels. Un less exempted, any storage vessels for petroleum liquids for which the construction, reconstruction, or modification commenced after June 11, 1973, and prior to May 19, 1978, having a storage capacity greater than 151,416 liters (40,000 gallons). (Subpart K)

(29) Petroleum Storage Vessels. Unless exempted, any storage vessel for petroleum liquids for which the construction, reconstruction or modification commenced after May 18, 1978 and prior to July 23, 1984, having a storage capacity greater than 151,416 liters (40,000 gallons). (Subpart Ka)

(30) Glass Manufacturing Plants. An y glass melting furnace. (Subpart CC)

(31) Automobile and Light-Duty Truck Surface Coating Operations at Assembly Plants. Any of the following in an automobile or a light- duty truck assembly plant: Prime coating operations, gui de coat operations, and topcoat operations. (Subpart MM)

(32) Ammonium Sulfate Manufacture. An y of the following in the ammonium sulfate industry: Ammonium sulfate dryers in t he caprolactam by-product, synthetic, and cokeoven by-product sectors of the industry. (Subpart PP)Page 45 of 104 Linn County Ordinance # 3-3-2011 (33) Surface Coating of Metal Furniture. Any meta l furniture surface coating operation in which organic coat ings are applied. (Subpart EE)

(34) Lead-Acid Battery Manufacturing Plan ts. Any lead-acid battery manufacturing plant which uses any of the following: Gr id casting, paste mixing, three-process operation, lead oxide manufac turing, lead reclamation, or other lead-emitting operations. (Subpart KK)

(35) Phosphate Rock Plants. Any phosphate rock plant which has a maximum plant production capacity greater than four tons per hour including the following: Dryers, calciners, grinders, and ground rock handling and storage facilities, except those facilities producing or preparing phosphate ro ck solely for consumption in elemental phosphorus production. (Subpart NN)

(36) Graphic Arts Industry . Publication rotogravure printing. Any publication rotogravure printing press except proof presses. (Subpart QQ)

(37) Industrial Surface C oating--Large Appliances. Any surface coating operation in a large appliance surface coating line. (Subpart SS)

(38) Metal Coil Surface C oating. Any of the following at a metal coil surface coating operation: Prime coat operation, finish coat operation, and each prime and finish coat operation combined when the finish coat is applied wet-on-wet over the prime coat and both coatings are cured simultaneously. (Subpart TT)

(39) Asphalt Processing and Asphalt Roofing Manufacturing. Any saturator, mineral handling and storage facility at asphalt roofi ng plants; and any asphalt storage tank and any blowing still at asphalt processing plants , petroleum refineries, and asphalt roofing plants. (Subpart UU)

(40) Equipment Leaks of Volatile Or ganic Compounds in the Synthetic Organic Chemicals Manufacturing Industry. Standards for affected facilities in the synthetic organic chemicals manufacturing industry (SOCMI) that commenced construction, reconstruction, or modification after J anuary 5, 1981, and on or before November 7, 2006 are set forth in Subpart VV. Standards for affected SOCMI facilities that commenced construction, reconstruction or modi fication after November 7, 2006 are set forth in Subpart VVa. The standards apply to pumps, compressors, pressure relief devices, sampling systems, open-ended valves or lines (OEL), valves and flanges or other connectors which handle volatile organi c compounds (VOC). (Subpart VV and Subpart VVa)

(41) Beverage Can Surface Coating. Any beverage can surface coating lines for two-piece steel or aluminum containers in which soft drinks or beer are sold. (Subpart WW)

(42) Bulk Gasoline Terminals. The to tal of all loading racks at bulk gasoline terminals which deliver liquid product into gasoline tank trucks. (Subpart XX)Page 46 of 104 Linn County Ordinance # 3-3-2011 (43) Pressure Sensitive Tape and Label Surface Coating Operations. Any coating line used in the tape manufacture of pressu re sensitive tape and label materials. (Subpart RR)

(44) Metallic Mineral Processing Pl ants. Any ore processing and handling equipment. (Subpart LL)

(45) Synthetic Fiber Production Facilities . Any solvent-spun synthetic fiber process that produces more than 500 megagrams of fiber per year. (Subpart HHH)

(46) Equipment Leaks of VOC in Petrol eum Refineries. A compressor and all equipment (defined in 40 CF R Part 60.591) within a pr ocess unit for which the construction, reconstruction, or modifi cation commenced after January 4, 1983. (Subpart GGG)

(47) Flexible Vinyl and Ur ethane Coating and Printing. Ea ch rotogravure printing line used to print or coat flexible vi nyl or urethane products. (Subpart FFF)

(48) Petroleum Dry Cleaners. Petr oleum dry cleaning plant with a total manufacturer's rated dryer capacity equal to or greater than 38 k ilograms (84 pounds): Petroleum solvent dry cleaning dryers, was hers, filters, stills, and settling tanks. (Subpart JJJ)

(49) Electric Arc Furnaces and Argon-Ox ygen Decarburization Vessels Constructed after August 17, 1983. Steel plants that prod uce carbon, alloy, or specialty steels: Electric arc furnaces, argon-oxygen dec arburization vessels, and dust handling systems. (Subpart AAa)

(50) Wool Fiberglass Insu lation Manufacturing Plants. Ro tary spin wool fiberglass manufacturing line. (Subpart PPP)

(51) Iron and Steel Plant s. Secondary emissions fr om basic oxygen process steelmaking facilities for which construction, reconstruction, or modification commenced after January 20, 1983. (Subpart Na)

(52) Equipment Leaks of VOC from On -Shore Natural Gas Processing Plants. A compressor and all equipment defined in 40 CFR, part 60.631, unless exempted, for which construction, reconstruction, or m odification commenced after January 20, 1984. (Subpart KKK)

(53) On-Shore Natural Gas Processing: SO 2 Emissions. Unless exempted, each
sweetening unit and each sweetening unit followe d by a sulfur recovery unit for which construction, reconstruction, or modifi cation commenced after January 20, 1984. (Subpart LLL)

(54) Nonmetallic Mineral Processing Plants. Unless exempted, each crusher, grinding mill, screening operation, bucket elevator, belt conveyor, bagging operation, storage bin, enclosed truck or rail car loading station in fixed or portable nonmetallicPage 47 of 104 Linn County Ordinance # 3-3-2011 mineral processing plants for which constr uction, reconstruction, or modification commenced after August 31, 1983. (Subpart OOO)

(55) Industrial-Commercial-Institutional Steam Generating Units. Unless exempted, each steam generating unit for which construc tion, reconstruction, or modification commenced after June 19, 1984, and which has a heat input capacity of more than 100 million BTU/hour. (Subpart Db)

(56) Volatile Organic Liquid Storage Ve ssels. Unless exempted, volatile organic liquid storage vessels for which constructi on, reconstruction, or modification commenced after July 23, 1984. (Subpart Kb)

(57) Rubber Tire Manufacturing Pl ants. Unless exempted, each undertread cementing operation, each sidewall cement ing operation, each tr ead end cementing operation, each bead cementing operation, each green tire spraying operation, each Michelin-A operation, each Michelin-B oper ation, and each Michelin-C automatic operation that commences construction or modification after January 20, 1983. (Subpart BBB)

(58) Industrial Surface C oating: Surface Coating of Plastic Parts for Business Machines. Each spray booth in which plas tic parts for use in the manufacture of business machines receive prime coats, color coats, texture coats, or touch-up coats for which construction, modification, or rec onstruction begins after January 8, 1986. (Subpart TTT)

(59) VOC Emissions from Petroleum Refinery Wastewater Systems. Each individual drain system, each oil-water separator , and each aggregate facility for which construction, modification, or reconstruc tion is commenced after May 4, 1987. (Subpart QQQ)

(60) Magnetic Tape Coating Facilities . Unless exempted, each coating operation and each piece of coating mix preparati on equipment for which construction, modification, or reconstruction is comm enced after January 22, 1986. (Subpart SSS)

(61) Polymeric Coating of Supporting Subs trates. Unless exempted, each coating operation and any on-site coating mix prepar ation equipment used to prepare coatings for the polymeric coating of supporting substr ates for which construction, modification, or reconstruction begins afte r April 30, 1987. (Subpart VVV)

(62) VOC Emissions from Synthetic Organic Chemical Manufacturing Industry Air

Oxidation Unit Processes. Unless exempted, any air oxidat ion reactor, air oxidation reactor and recovery system or combinatio n of two or more reactors and the common recovery system used in the production of any of the chemicals listed in 40 CFR §60.617 for which construction, modificati on, or reconstruction commenced after October 21, 1983. (Subpart III)

(63) VOC Emissions fr om Synthetic Organic Chemic al Manufacturing Industry Distillation Operations. Unless exempted, any distillation uni t, distillation unit andPage 48 of 104 Linn County Ordinance # 3-3-2011 recovery system or combi nation of two or more dist illation units and the common recovery system used in the production of any of the chemicals listed in 40 CFR §60.667 for which construction, modificati on, or reconstruction commenced after December 30, 1983. (Subpart NNN)

(64) Small Industrial-Comme rcial-Institutional Steam Gener ating Units. Each steam generating unit for which construction, modifi cation, or reconstruction is commenced after June 9, 1989, and that has a maximum design heat input capacity of 100 million BTU per hour or less, but greater than or equal to 10 m illion BTU per hour. (Subpart Dc)

(65) VOC Emissions from the Polymer Manufacturing Indus try. Each of the following process sections in the manufacture of polypropylene and polyethylene - raw materials preparation, polymerization reaction, materi al recovery, product finishing, and product storage; each material recovery sect ion of polystyrene manufacturing using a continuous process; each polymerizati on reaction section of poly(ethylene terephthalate) manufacturing us ing a continuous process; each material section of poly(ethylene terephthalate) manufacturing using a continuous process that uses dimethyl terephthalate; each raw material section of poly(ethylene terephthalate) manufacturing using a continuous process that uses ter ephthalic acid; and each group of fugitive emissions equipment within any process unit in the manufacturing of polypropylene, polyethylene, or polystyrene (including expandable polystyrene). The applicability date for construction, modifica tion, or reconstruction for polystyrene and poly(ethylene terephthalate) affected facilities and some polypropylene and polyethylene affected facilities is September 30, 1987. For the ot her polypropylene and polyethylene affected facilities the applicabil ity date for these regulations is January 10, 1989. (Subpart DDD)

(66) Municipal Waste r Combustors. Unless exempted, a municipal waste combustor with a capacity greater than 225 megagrams per day of municipal solid waste for which

construction is commenced after December 20, 1989, and on or before September 20, 1994, and modification or reconstruction is commenced after December 20, 1989, and on or before June 19, 1996. (Subpart Ea)

(67) Grain Elevator s. A grain terminal elevator or any grain storage elevator except as provided under 40 CFR 60.304(b), Augus t 31, 1993. A grain terminal elevator means any grain elevator which has a per manent storage capacity of more than 2.5 million U.S. bushels except those located at animal food manufacturers, pet food manufacturers, cereal manufacturers, brewer ies, and livestock feedlots. A grain storage elevator means any grain elevator located at any wheat flour mill, wet corn mill, dry corn mill (human consumption), ri ce mill or soybean oil extraction plant which has a permanent grain storage capacity of 1 million bushels. Any construction, modification, or reconstruction after August 3, 1978, is subject to this paragraph. (Subpart DD)

(68) Mineral Processing Pl ants. Each calciner and dr yer at a mineral processing plant unless excluded for which construction, modification, or reconstruction is commenced after April 23, 1986. (Subpart UUU)Page 49 of 104 Linn County Ordinance # 3-3-2011 (69) VOC Emissions from Synthetic Organic Chemical Manufacturing Industry Reactor Processes. Unless exempted, each affe cted facility that is part of a process unit that produces any of the chemicals list ed in 40 CFR §60.707 as a product, coproduct, by-product, or intermediate for which cons truction, modification, or reconstruction commenced after June 29, 1990. Affected facility is each reactor process not discharging its vent stream into a recovery system, eac h combination of a reactor process and the recovery system into which its vent stream is discharged, or each combination of two or more reactor proc esses and the common recovery system into

which their vent streams ar e discharged.(Subpart RRR)

(70) Municipal Solid Waste Landfills , as defined by 40 CFR 60.751. Unless exempted, each municipal solid waste landfill that commenced construction, reconstruction or modification or began accept ing waste on or after May 30, 1991, must comply. (Subpart WWW)

(71) Municipal Waste Combustors. Unless exempted, each municipal waste combustor with a combustion capacity greater than 250 tons per day of municipal solid waste for which construction, modificati on or reconstruction is commenced after September 20, 1994. (Subpart Eb)

(72) Hospital/medical/infectious wa ste incinerators. Unless exempted, a hospital/medical/infectious waste incinerator for which construction is commenced after June 20, 1996, or for which modification is commenced after March 16, 1998. (Subpart Ec)* *As of November 24, 2010, the adoption by reference of Part 60 Subpart Ec is

rescinded.

(73) New Small Municipal Waste Combustion Units. Unless exempted, this standard applies to a small municipal waste combus tion unit that commenced construction after August 30, 1999, or small municipal wa ste combustion units that commenced

reconstruction or modification after J une 6, 2001. (Part 60, Subpart AAAA)

(74) Commercial and Industrial Solid Wast e Incineration. Unless exempted, this standard applies to units for which constr uction is commenced after November 30, 1999, or for which modification or reconstr uction is commenced on or after June 1, 2001. (Part 60, Subpart CCCC)

(75) Other Solid Waste Inci neration (OSWI) Units. Un less exempted, this standard applies to other solid waste incineration (OSWI) unit for which construction is commenced after December 9, 2004, or for which modification or reconstruction is commenced on or after June 16, 2006. (Part 60, Subpart EEEE)

(76) Reserved.

(77) Stationary Compression Ignition Inte rnal Combustion Engines. Unless otherwise exempted, these standards apply to each st ationary compression ignition internal combustion engine whose construction, modifi cation or reconstruction commenced after July 11, 2005. (Part 60, Subpart IIII)Page 50 of 104 Linn County Ordinance # 3-3-2011 (78) Stationary Spark Ignition Internal Combustion Engines. These standards apply to each stationary spark ignition inter nal combustion engine whose construction,

modification or reconstruction commenced after June 12, 2006. (Part 60, Subpart JJJJ)

(79) Stationary Combustion Turbines. Unless otherwise exempted, these standards apply to stationary combustion turbines with a heat input at peak load equal to or greater than 10 MMBtu per hour, based on the higher heating value of the fuel, that commence construction, modification, or reco nstruction after February 18, 2005. (Part 60, Subpart KKKK).

3. Emission Standards for Hazardous Air Po llutants. The federal standards for emissions of hazardous air pollutants, 40 CFR Part 61 as amended or corrected through May 16, 2007, and 40 CFR Part 503 as adopted on August 4, 1999, as adopted in IAC 23.1(3), are adopted by reference, ex cept 40 CFR §61.20 to §61.26, §61.90 to §61.97, §61.100 to §61.108, §61.120 to §61. 127, §61.190 to §61.193, §61.200 to §61.205, §61.220 to §61.225, and §61.250 to §61. 256 and shall apply to the following affected pollutants and facilities and activi ties listed below. The corresponding 40 CFR Part 61 subpart designation is in parentheses . Reference test methods (Appendix B), compliance status information requir ements (Appendix A), quality assurance procedures (Appendix C) and the general provisions (Subpart A) of Part 61 also apply

to the affected activities or facilities.

a. Asbestos. Any of the following in volving asbestos emissions: Asbestos mills, surfacing of roadways, manufac turing operations, fabricating, insulating, waste disposal, spraying applications and demolition and renovation operati ons. (Subpart M)

b. Beryllium. Any of the following stat ionary sources: Beryllium extraction plants, ceramic plants, foundries, incinerators, and propellant plants which process beryllium ore, beryllium oxide, beryllium alloys, or beryllium-c ontaining waste; and machine shops which process beryllium, beryllium oxides, or any alloy when such alloy contains more than 5 percent beryllium by weight. (Subpart C)

c. Beryllium Rocket Motor Firing. Ro cket motor test site s. (Subpart D)

d. Mercury. Any of the following involving mercur y emissions: Mercury ore processing facilities, mercury cell chlor-alkal i plants, sludge incineration plants, sludge drying plants, and a combination of sludge in cineration plants and sludge drying plants. (Subpart E)

e. Vinyl Chloride. Ethylene dichloride purification and the oxychlorination reactor in ethylene dichloride plants. Vinyl chloride fo rmation and purification in vinyl chloride plants. Any of the following involving polyvinyl chloride pl ants: Reactor; stripper; mixing, weighing, and holding containers; monomer recovery system; sources following the stripper(s). Any of the following invo lving ethylene dichloride, vinyl chloride, and polyvinyl chloride plants: Relief valve discharge; fugitive emission sources. (Subpart F)Page 51 of 104 Linn County Ordinance # 3-3-2011 f. Equipment Leaks of Benzene (fugiti ve emission sources). Any pumps, compressors, pressure relief devices, sampling connection systems, open-ended valves or lines, valves, flanges and other connectors , product accumulator vessels, and control devices or systems which handle benzene. (Subpart J)

g. Equipment Leaks of Volatile Hazar dous Air Pollutants (fugitive emissions sources). Any pumps, compressors, pre ssure relief devices, sampling connection systems, open-ended valves or lines, valves , flanges and other connectors, product accumulator vessels, and control devices or systems which handle volatile hazardous air pollutants. (Subpart V)

h. Inorganic Arsenic Em issions from Arsenic Trioxide and Metallic Arsenic

Production Facilities. Each metallic arseni c production plant and each arsenic trioxide plant that processes low-grade arsenic bear ing materials by a roasting condensation process. (Subpart P)

i. Inorganic Arsenic Emissions from Gla ss Manufacturing Plants. Each glass melting furnace (except pot furnaces) that uses commer cial arsenic as a raw material. (Subpart N)

j. Inorganic Arsenic Emissions from Primary Copper Smelters. Each copper converter at any new or existing primary co pper smelter except as noted in 40 CFR 61.172(a). (Subpart O)

k. Benzene Emissions from Coke By-produc t Recovery Plants. Each of the following sources at furnace and foundry coke by-product recovery pl ants: tar decanters, tar storage tanks, tar-intercepting sumps, flushi ng-liquor circulation tanks, light-oil sumps, light-oil condensers, light-oil decanters, wash -oil decanters, wash-oil circulation tanks, naphthalene processing, final coolers, final -cooler cooling towers, and the following equipment that is intended to operate in benzene service: pumps, valves, exhausters, pressure relief devices, sampling connec tion systems, open-ended valves or lines, flanges or other connectors, and control devices or systems required by 40 CFR §61.135.

The provisions of this subpart also apply to benzene storage tanks, BTX storage tanks, light-oil storage tanks, and excess ammonia-liquor stor age tanks at furnace coke by-product recovery plants. (Subpart L)

l. Benzene Emissions from Benzene Storage Vessels. Unless exempted, each storage vessel that is stori ng benzene having a specific gr avity within the range of specific gravities specified in ASTM D 836-84 for Industrial Gr ade Benzene, ASTM D 835-85 for Refined Benzene-485, ASTM D 2359-85a for Refined Benzene-535, and

ASTM D 4734-87 for Refined Benzene-545. These specifications are incorporated by reference as specified in 40 CFR §61.18. (Subpart Y)

m. Benzene Emissions fr om Benzene Transfer Operations. Unless exempted, the total of all loading racks which benzene is l oaded into tank trucks, rails cars, or marine vessels at each benzene production facilit y and each bulk terminal. (Subpart BB)Page 52 of 104 Linn County Ordinance # 3-3-2011 n. Benzene Waste Operations. Unless ex empted, the provisions of this subrule apply to owners and operators of chemical manufacturing plants, coke by-product recovery plants, petroleum refineries, and fa cilities at which waste management units are used to treat, store, or dispose of wast e generated by any of thes e listed facilities. (Subpart FF)

4. Emission Standards for Hazardous Air Po llutants for Source Categories. The

federal standards for emissions of hazardous air pollutants for source categories, 40

CFR Part 63 as amended or corrected thr ough March 3, 2010, as adopted in 567 IAC 23.1(4), are adopted by reference, except t hose provisions which cannot be delegated to the states. The correspond ing 40 CFR Part 63 subpart desi gnation is in parentheses. An earlier date for adoption by reference may be included with the subpart designation in parentheses. 40 CFR Part 63 Subpart B incorporates t he requirements of Clean Air Act Sections 112(g) and 112(j) and does not adopt standards for a specific affected facility. Test methods (A ppendix A), sources defined for ear ly reduction provisions (Appendix B), and determination of the fraction biodegraded (F bio ) in the biological treatment unit (Appendix C) of Part 63 also apply to the affected activiti es or facilities. For the purposes of this subrule "hazardous air pollutant" has the same meaning found in 567 IAC 22.100. For the purposes of th is subrule a "major source" means any stationary source or group of stationary s ources located within a contiguous area and

under common control that emits or has the potential to emit considering controls, in the aggregate, 10 tons per year or more of any hazardous air po llutant or 25 tons per year or more of any combination of hazardous air pollutants, unless a lesser quantity is established, or in the case of radionuclides, where different criteria are employed. For the purposes of this subrule an "area s ource" means any stationary source of hazardous air pollutants that is not a majo r stationary source as defined in this paragraph. Paragraph 23.1(4) "a," general provisions (Subpart A) of Part 63, shall apply to owners or operators who are subject to subsequent subparts of 40 CFR 63 (except when otherwise specified in a particular subp art or in a relevant standard) as adopted by reference below. .

a. General Provisions. General provisions apply to owners or operators of

affected activities or facilitie s except when otherwise specifi ed in a particular subpart or in a relevant standard. ( 40 CFR Part 63, Subpart A)

b. Requirements for Control Technolog y Determinations for Major Sources in

Accordance with Clean Air Act Sections 112(g) and 112(j). (Part 63, Subpart B) (1) Section 112(g) requirements. For the purposes of this subparagraph, the

definitions shall be the same as the definitions found in 40 CFR 63.2 and 40

CFR 63.41 as amended thr ough December 27, 1996. The owner or operator of a new or reconstructed major source of hazardous air pollutants must apply maximum achievable control technology (MACT) for new sources to the new or reconstructed major source. If the major source in question has been specifically regulated or exempted from regulation under a standard issued pursuant to Section 112(d), Section 112(h) , or Section 112(j) of the Clean Air Act and incorporated in another subpart of 40 CFR Part 63, excluded in 40 CFR 63.40(e) and (f), or t he owner or operator of such major source hasPage 53 of 104 Linn County Ordinance # 3-3-2011 received all necessary air quality pe rmits for such construction or reconstruction project before June 29, 1998, then the major source in questions is not subject to the require ments of this subpar agraph. The owner or operator of an affected source sha ll apply for a construction permit as required in 567 – paragraph 22. 1(1)"b." The construction permit application shall contain an application for a case -by-case MACT determination for the major source. (2) Section 112(j) requirem ents. The owner or operat or of a new or existing major source of hazardous air pollutants which includes one or more stationary sources included in a source category or subcategory for which the

U.S. Environmental Protec tion Agency has failed to promulgate an emission

standard within 18 months of the deadline establis hed under 112(d) must submit an application for a Title V permi t or an application for a significant permit modification or for an admin istrative amendment, whichever is applicable. The application must be made in accordance with procedures established under Title V, by the sect ion 112(j) deadline. In addition, the owner or operator of a new emission unit may submit an application for a Notice of MACT Approval before construction.

c. Reserved.

d. Compliance Extensions for Early R eductions of Hazardous Air Pollutants. Compliance extensions for early reductions of hazardous air pollutants are available to certain owners or operators of an existing source who wish to obtain a compliance

extension from a standard issued under Section 112(d) of the Act. (Part 63, Subpart D)

e. Reserved.

f. Emission Standards for Or ganic Hazardous Air Pollut ants from the Synthetic Chemical Manufacturing Industry. These st andards apply to chemical manufacturing process units that are part of a major s ource. These standards include applicability provisions, definitions and other general provisions that are applicable to Subparts F, G, and H of 40 CFR 63. (Part 63, Subpart F)

g. Emission Standards for Organic Hazard ous Air Pollutants fr om the Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater. These standar ds apply to all process vents, storage vessels, transfer racks, and wastewater stream s within a source subject to Subpart F of 40 CFR 63. (Part 63, Subpart G)

h. Emission Standards for Organic Ha zardous Air Pollutants for Equipment Leaks. These standards apply to emissi ons of designated organic hazardous air pollutants from specified proc esses that are located at a plant site that is a major source. Affected equipment includes: pumps, compressors, agitators, pressure relief devices, sampling connection systems, open-ended valves or lines, valves, connectors, surge control vessels, bottoms receivers, instrumentation systems and control devices or systems required by this subpart that are intended to oper ate in organic hazardous air pollutant service 300 hours or more during the calendar year within a source subjectPage 54 of 104 Linn County Ordinance # 3-3-2011 to the provisions of a specific subpart in 40 CFR Part 63. In organic hazardous air pollutant or in organic hazardous air pollutant service means that a piece of equipment either contains or contacts a fluid (liquid or gas) that is at least 5 percent by weight of total organic hazardous air pollu tants as determined according to the provisions of 40 CFR Part 63.161. The provisions of 40 CFR Part 63.161 also specify how to determine that a piece of equipment is not in organic hazardous air pollutant service. (Part 63, Subpart H)

i. Emission Standards for Organic Hazardous Air Pollutants for Certain Processes Subject to Negotia ted Regulation for Equipment Leaks. These standards apply to emissions of designated organic ha zardous air pollutants from specified processes (defined in 40 CFR 63. 190) that are located at a pl ant site that is a major source. Subject equipment includes pumps , compressors, agitato rs, pressure relief devices, sampling connection systems, open-ended valves or lines, valves, connectors, surge control vessels, bottoms receivers, and instrumentation systems at certain source categories. These standards establish the app licability of Subpart H fo r sources that are not classified as synthetic organic chemical manufacturing industries. (Part 63, Subpart I)

j. Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production. This standard applies to a polyvinyl chloride (PVC) or copolymer production facility that is located at, or is part of, a major source of hazardous air pollutant (HAP) emissions . (Part 63, Subpart J)

k. Reserved.

l. Emission Standards for Coke Oven Batteries. These standards apply to existing coke oven batteries, including by-p roduct and non-recovery coke oven batteries and to new coke oven batteries, or as def ined in the subpart. (Part 63, Subpart L)

m. Perchloroethylene Air Emission Standar ds for Dry Cleaning Facilities. These standards apply to the owner or operator of each dry cleani ng facility that uses perchloroethylene (also known as perc). Ne w and existing major source dry cleaning facilities are required to control emissions to the level of the maximum achievable control technology (MACT), and must use stat e-of-the-art equipment, as specified in the federal regulations, to detect and repair perc leaks from dry cleaning machines. New and existing area source dry cleaning facilities are required to control emissions to the level specified in the federal regulations . New area sources that are located in residential buildings and that commence oper ation after July 13, 2006, are prohibited from using perc. New area sources located in residential buildings that commenced operation between December 21,2005, and July 13, 2006, must install the emission control equipment as specified in the feder al regulations, conduct weekly inspection and repair of equipment leaks, and eliminate all us e of perc by July 27, 2009. Existing area sources located in residential buildings must conduct enhanced leak detection and repair as specified in the federal regulations and eliminate all use of perc by December 21, 2020. New area sources that are not located in resident ial buildings are prohibited from using transfer machi nes, and must conduct inspection and repair of equipment leaks as specified in the feder al regulations. Existing area sources that are not locatedPage 55 of 104 Linn County Ordinance # 3-3-2011 in residential buildings must also conduct the specified leak det ection and repair and are prohibited from operating transfer machines a fter July 27, 2008. (Part 63, Subpart M as amended through July 27, 2006, and co rrected on September 21, 2006)

n. Emission Standards for Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodi zing Tanks. These standards limit the discharge of chromium compound air emissions from existing and new hard chromium electroplating, decorative chromium elec troplating, and chromium anodizing tanks at major and area sources. (Part 63, Subpart N)

o. Emission Standards for Hazardous Air Pollutants for Ethylene Oxide Commercial Sterilization and Fumigation Oper ations. New and existing major source ethylene oxide commercial sterilization and fumi gation operations are required to control

emissions to the level of the maximum achi evable control technology (MACT). New and existing area source ethylene oxide commerc ial sterilization and fumigation operations are required to control emissions to the le vel achieved by generally available control technologies (GACT). Certain sources are exempt as descr ibed in 40 CFR 63.360. (Part 63, Subpart O)

p. Reserved.

q. Emission Standards for Hazardous Air Pollutants for Industrial Process Cooling Towers. These standards apply to a ll new and existing industrial process cooling towers that are operated with chromi um-based water treatment chemicals on or after September 8, 1994, and are either major sources or are integral parts of facilities that are major sources. (Part 63, Subpart Q)

r. Emission Standards for Hazardous Ai r Pollutants for Sources Categories: Gasoline Distribution: (Stage 1). These st andards apply to all existing and new bulk gasoline terminals and pipeline breakout stations that are major sources of hazardous air pollutants or are located at plant site s that are major sour ces. Bulk gasoline terminals and pipeline breakout stations lo cated within a cont iguous area or under common control with a refinery complying wi th 40 CFR Subpart CC are not subject to 40 CFR Subpart R standards. (Part 63, Subpart R)

s. Emission Standards for Hazardous Air Pollutants for Pulp and Paper (Noncombustion). These standards apply to pulping and bleaching process sources at kraft, soda, sulfite, and stand-alone semi-chem ical pulp mills. Affected sources include pulp mills and integrated mills (mills that manufacture pulp and paper/paperboard) that chemically pulp wood fiber (using kraft, sulfit e, soda, or semi-chemical methods); pulp secondary fiber; pulp non-wood fiber; and mec hanically pulp wood fiber. (Part 63, Subpart S)

t. Emission Standards for Hazardous Ai r Pollutants: Halogenated Solvent Cleaning. These standards require batch vapor solvent cleaning machines and in-line solvent cleaning machines to meet emissi on standards reflecting the application of maximum achievable control technology (M ACT) for major or area sources; area source batch cold cleaning machines are requi red to achieve generally available controlPage 56 of 104 Linn County Ordinance # 3-3-2011 technology (GACT). The subpart regulates t he emissions of the following halogenated hazardous air pollutant solvents: me thylene chloride, perchloroethylene, trichloroethylene, 1,1,1-trichl oroethane, carbon tetrachloride, and chloroform. (Part 63, Subpart T)

u. Emission Standards for Hazardous Air Pollutant Emissions: Group I Polymers and Resins. Applicable to existing and new ma jor sources that emit organic hazardous air pollutants (HAP) during the manufacture of one or more elastomers, including but not limited to producers of butyl rubber, halo butyl rubber, epichlorohydrin elastomers, ethylene propylene rubber, Hypalon TM , neoprene, nitrile but adiene rubber, nitrile butadiene latex, polybutadiene rubber/styrene butadiene rubber by solution, polysulfide rubber, styrene butadiene rubber by emulsion , and styrene butadiene latex. MACT is required for major sources. (Part 63, Subpart U)

v. Reserved.

w. Emission Standards for Hazardous Air Pollutants for Epoxy Resins Production and Nonnylon Polyamides Producti on. These standards apply to all existing, new and reconstructed manufactu rers of basic liquid epoxy resins and manufacturers of wet strength resins that ar e located at a plant site that is a major source. (Part 63, Subpart W)

x. National Emission Standards for Haza rdous Air Pollutant s from Secondary Lead Smelting. These standards apply to all ex isting and new secondary lead smelters sources which use blast, reverberatory, rota ry, or electric smelting furnaces for lead recovery of scrap lead that are located at ma jor or area sources. The provisions apply to smelting furnaces, refining kettles, agglomer ating furnaces, dryers, process fugitive sources, and fugitive dust. Excluded from t he rule are primary lead smelters, lead refiners, or lead remelters. Hazardous air pollutants regulated under this standard include, but are not limited to, lead com pounds, arsenic compounds, and 1,3-butadiene. (Part 63, Subpart X)

y. Emission Standards for Marine Tank Ve ssel Tank Loading Operations. This standard requires existing and new major source s to control emissions using maximum achievable control technology (MACT) to control hazardous air pollutants (HAP). (Part 63, Subpart Y).

z. Reserved.

aa. Emission Standards for Hazardous Air Pollutants for Phosphoric Acid Manufacturing. These standards apply to all new and existing major sources of phosphoric acid manufacturing. Affected proc esses include, but are not limited to, wet process phosphoric acid process lines, s uperphosphoric acid process lines, phosphate rock dryers, phosphate rock calciners, and purifi ed phosphoric acid process lines. (Part 63, Subpart AA)

bb. Emission Standards for Hazardous Air Pollutants for Phosphate Fertilizers Production. These standards apply to all new and existing major sources of phosphatePage 57 of 104 Linn County Ordinance # 3-3-2011 fertilizer production plants. Affected proc esses include, but are not limited to, diammonium and monoammonium phosphate process lines, granular triple superphosphate process lines, and granular tr iple superphosphate storage buildings. (Part 63, Subpart BB)

cc. National Emission Standards for Haza rdous Air Pollutants: Petroleum Refineries. These standards apply to petro leum refining process units and colocated emissions points at new and existing major s ources. Affected sources include process vents, equipment leaks, stor age vessels, transfer operations , and wastewater streams. The standards also apply to marine tank ve ssel and gasoline loadin g racks. Excluded from the standard are catalyst regeneration from catalytic cracking units and catalytic reforming units, and vents from sulfur reco very units. Compliance with the standard includes emission control and prev ention. (Part 63, Subpart CC)

dd. Emission Standards for Hazardous Ai r Pollutants for Off-Site Waste and Recovery Operations. This rule applies to major sources of HAP emissions which receive certain wastes, used oil, and used solv ents from off-site lo cations for storage, treatment, recovery, or disposal at the fac ility. Maximum achievable control technology (MACT) is required to reduce HAP emissi ons from tanks, surface impoundments, containers, oil-water separators, indi vidual drain systems and other material conveyance systems, process v ents, and equipment leaks. Regulated entities include

but are not limits to busine sses that operate any of t he following: hazardous waste treatment, storage, and disposal facilities; Resource Conservation and Recovery Act (RCRA) exempt hazardous wastewater treatm ent facilities other than publicly owned treatment works; used solvent recovery plants; RCRA exempt hazardous waste recycling operations; used oil re-refineries. T he regulations also apply to federal agency facilities that operate any of the waste management or reco very operations. (Part 63, Subpart DD)

ee. Emission Standards for Magnetic T ape Manufacturing Operations. These standards apply to each new and existing magnetic tape manufacturing operation located at a major source of hazardous air pollutant emissions. (Part 63, Subpart EE)

ff. Reserved.

gg. National Emission Standards for Ha zardous Air Pollutants for Source Categories: Aerospace Manufacturing and Rework Facilities. These standards apply to major sources involved in the manufacture, repair, or rework of aerospace components and assemblies, including but not limited to ai rplanes, helicopters, missiles, and rockets for civil, commercial, or m ilitary purposes. Hazardous air pollutants regulated under this standard include chromium, cadmiu m, methylene chloride, toluen e, xylene, methyl ethyl ketone, ethylene glycol, and glycol ethers. (Part 63, Subpart GG)

hh. Emission Standards for Hazardous Air Pollutants for Oil and Natural Gas Production. These standards apply to a ll new and existing major sources of oil and natural gas production. Affected sources incl ude, but are not limited to, processing of liquid or gaseous hydrocarbons, such as ethane, propane, buta ne, pentane, natural gas, and condensate extracted from field natural gas. (Part 63, Subpart HH)Page 58 of 104 Linn County Ordinance # 3-3-2011 ii. Emission Standards for Hazardous Ai r Pollutants for Sh ipbuilding and Ship Repair (Surface Coating) Operations. Requires existing and new major sources to control hazardous air pollutant (HAP) emissi ons using the maximum achievable control technology (MACT). (Part 63, Subpart II)

jj. Emission Standards for Hazardous Air Pollutants for Hazar dous Air Pollutant (HAP) Emissions from Wood Furniture Manuf acturing Operations. These standards apply to each facility that is engaged, either in part or in whole, in the manufacture of

wood furniture or wood furnitur e components and that is located at a plant site that is a major source. (Part 63, Subpart JJ)

kk. Emission Standards for Hazardous Air Pollutants for the Printing and Publishing Industry. Existing and new major s ources are required to control hazardous air pollutants (HAP) using the maximum achievable control technology (MACT). Affected units are publication rotogravure, product and packaging rotogravure, or wideweb flexographic printing. (Part 63, Subpart KK)

ll. Emission Standards for Primary Aluminum Reduction Plants. These standards apply to each new or existing pot line, paste production plant, or anode bake furnace associated with a primary alumi num reduction plant, and for each new pitch storage tank associated with a primary aluminum reducti on plant, except existing

furnaces not located on the same site as the primary aluminum reduction plant. (Part 63, Subpart LL)

mm. Emission Standards for Hazardous Ai r Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfit e, and Stand-Alone Semichemical Pulp Mills. (Part 63, Subpart MM)

nn. Reserved

oo. Emission standards for tanks – leve l 1. These provisions apply when another paragraph under this rule references the use of th is paragraph for such air

emission control. These air emission st andards are placed here for administrative convenience and only apply to those owners and operators of facilitie s subject to the referencing paragraph. The provisions of paragraph 10.9(4)"a," general provisions (Subpart A), do not apply to this paragraph ex cept as specified in a referencing paragraph. (Part 63, Subpart OO)

pp. Emission Standards for Containers. These provisions apply when another paragraph under this rule references the us e of this paragraph for such air emission

control. These air emission standards are placed here for administrative convenience and only apply to those owners and operators of facilities subject to the referencing paragraph. The provisions of paragraph 10.9(4)"a," general provisions (Subpart A), do not apply to this paragraph except as specif ied in a referencing paragraph. (Part 63, Subpart PP)Page 59 of 104 Linn County Ordinance # 3-3-2011 qq. Emission Standards for Surface Im poundments. These pr ovisions apply when another paragraph under this rule referenc es the use of this paragraph for such

air emission control. These air emission standards are placed here for administrative convenience and only apply to those owners and operators of facilitie s subject to the referencing paragraph. The provisions of paragraph 10.9(4)"a," general provisions (Subpart A), do not apply to this paragraph ex cept as specified in a referencing paragraph. (Part 63, Subpart QQ)

rr. Emission Standards for Individual Drain S ystems. These provisions apply when another paragraph under this rule referenc es the use of this paragraph for such

air emission control. These air emission standards are placed here for administrative convenience and only apply to those owners and operators of facilitie s subject to the referencing paragraph. The provisions of paragraph 10.9(4)"a," general provisions (Subpart A), do not apply to this paragraph ex cept as specified in a referencing paragraph. (Part 63, Subpart RR)

ss. Emission Standards for Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process. These provisions apply when another paragraph under this rule references the use of th is paragraph for such air

emission control. These air emission st andards are placed here for administrative convenience and only apply to those owners and operators of facilitie s subject to the referencing paragraph. The provisions of paragraph 10.9(4)"a," general provisions, (Subpart A), do not apply to this paragraph ex cept as specified in a referencing paragraph. (Part 63, Subpart SS)

tt. Emission Standards for Equipment Leaks – Control Level 1. These provisions apply to the control of air emissions from equipment leaks for which another paragraph

under this rule references the use of this paragraph for such emission control. These air emission standards for equipment lea ks are placed here for administrative convenience and only apply to those owners and operators of facilitie s subject to the referencing paragraph. The provisions of paragraph 10.9(4)"a," general provisions, (Subpart A), do not apply to this paragraph except as specified in a reference paragraph. (Part 63, Subpart TT)

uu. Emission Standards for Equipment Leaks – Control Level 2 Standards. These provisions apply to t he control of air emissions fr om equipment leaks for which another paragraph under this rule references the use of th is paragraph for such air

emission control. These air emission standard s for equipment leaks are placed here for administrative convenience and only apply to those owners and operators of facilities subject to the referencing paragraph. The provisions of paragraph 10.9( 4)"a," general provisions (Subpart A), do not apply to this paragraph except as specified in a referencing paragraph. (Part 63, Subpart UU)

vv. Emission Standards for Oil-water S eparators and Organic-wa ter Separators. These provisions apply when another paragraph under this rule references the use of this paragraph for such air emission control. These air emission standards are placed

here for administrative convenience and only apply to those owners and operators of facilities subject to the referencing paragraph. The provisions of paragraph 10.9(4)"a,"Page 60 of 104 Linn County Ordinance # 3-3-2011 general provisions (Subpart A), do not apply to this paragraph except as specified in a referencing paragraph. (Part 63, Subpart VV)

ww. Emission Standards for Storage Vessels (Tanks) – Control Level 2. These provisions apply to the control of air emi ssions from storage vessels for which another paragraph under this rule references the us e of this paragraph for such air emission

control. These air emission standards for storage vessels are placed here for administrative convenience and only apply to those owners and operators of facilities subject to the referencing paragraph. The provisions of paragraph 10.9( 4)"a," general provisions, (Subpart A), do not apply to th is paragraph except as specified in a referencing paragraph. (Part 63, Subpart WW)

xx. Emission Standards for Ethylene M anufacturing Process Units: Heat Exchange Systems and Waste O perations. This standard applies to hazardous air pollutants (HAPs) from heat exchange systems and waste streams at new and existing ethylene production units. (Part 63, Subpart XX).

yy. Emission Standards for Hazardous Air Pollutants: Generic Maximum Achievable Control Technology (Generic MA CT). These standards apply to new and existing major sources of acetal resins (AR) production, acrylic and modacrylic fiber (AMF) production, hydrogen fluoride (H F) production and polycarbonate (PC) production. Affected processes include, but are not limited to, producers of homopolymers and copolymers of alternati ng oxymethylene units, acrylic fiber, modacrylic fiber synthetics composed of acry lonitrile (AN) units, hydrogen fluoride and polycarbonate. (P art 63, Subpart YY)

zz . Reserved.

aaa. to bbb. Reserved.

ccc. Emission Standards for Hazardous Air Pollutants for Steel Pickling – HCl Process Facilities and Hydrochloric Acid Re generation Plants. Unless exempted, these standards apply to all new and existing major sour ces of hydrochloric acid process steel pickling facilities and hydrochlor ic acid regeneration plants. Affected processes include, but are not limited to, equipment and tanks configured for the pickling process, including the immersion, drain and rinse tanks and hydr ochloric acid regener ation plants. (Part 63, Subpart CCC)

ddd. Emission Standards for Hazardous Air Pollutants for Mineral Wool Production. These standards apply to all new and existing major sources of mineral wool production. Affected processes includ e, but are not limited to, cupolas and curing ovens. (Part 63, Subpart DDD)

eee. Emission Standards for Hazardous Air Pollutants from Hazardous Waste Combustors. These standards apply to all hazardous waste combustors: hazardous waste incinerators, hazardous waste burning cement kilns, hazardous waste burning lightweight aggregate kilns, haz ardous waste solid fuel boilers, hazardous waste liquid fuel boilers, and hazardous waste hydrochloric acid production furnaces, except asPage 61 of 104 Linn County Ordinance # 3-3-2011 provided in Subpart EEE. Both area source s and major sources are subject to this subpart as of April 19, 1996, and are subject to the requirem ent to apply for and obtain a Title V permit. (Part 63, Subpart EEE)

fff. Reserved.

ggg. Emission Standards for Hazardous Air Pollutants for Pharmaceutical Manufacturing. These standards apply to producers of finish ed dosage forms of drugs, for example, tablets, capsules, and solutions , that contain an active ingredient generally, but not necessarily, in association with inac tive ingredients. Pharmaceuticals include components whose intended primary use is to fu rnish pharmacological activity or other direct effect in the diagnosis, cure, mitigation, treatment, or prevention of disease, or to affect the structure or any function of the body of hum ans or other animals. The regulations do not apply to research and dev elopment facilities. (Part 63, Subpart GGG)

hhh. Emission Standards for Hazar dous Air Pollutants for Natural Gas Transmission and Storage. These standards apply to all new and existing major sources of natural gas transmission and stor age. Natural gas transmission and storage facilities are those that transpor t or store natural gas prior to its entering the pipeline to a local distribution company. Affected source s include, but are not limited to, mains, valves, meters, boosters, regulators, st orage vessels, dehydrators, compressors, and delivery systems. (Part 63, Subpart HHH)

iii. Emission Standards for Hazardous Ai r Pollutants for Flexible Polyurethane Foam Production. These standards apply to producers of slabstock, molded, and rebond flexible polyurethane foam. The regulations do not apply to processes dedicated exclusively to the fabrication (i.e ., gluing or otherwise bonding foam pieces together) of flexible polyur ethane foam or to research and development. (Part 63, Subpart III)

jjj. Emission Standards for Hazardous Air Pollutants: Group IV Polymers and Resins. Applicable to existing and new ma jor sources that emit organic HAP during the manufacture of the following polymers and resins: acrylonitrile butadiene styrene resin (ABS), styrene acrylonitrile resin (SAN), me thyl methacrylate acrylonitrile butadiene styrene resin (MABS), methyl methacrylate butadiene styrene resin (MBS), polystyrene resin, poly (ethylene terephthalate) resin (PET), and nitrile resin. MACT is required for all major sources. (Part 63, Subpart JJJ)

kkk. Reserved.

lll. Emission Standards for Hazardous Air Pollutants for Portland Cement Manufacturing Operations. These standards apply to all new and existing major and

area sources of Portland cem ent manufacturing unless exem pted. Cement kiln dust (CKD) storage facilities, including CKD pile s and landfills, are excluded from this standard. Affected processes in clude, but are not limited to, all cement kilns and in-line kiln/raw mills, unless they burn haz ardous waste. (Part 63, Subpart LLL)Page 62 of 104 Linn County Ordinance # 3-3-2011 mmm. Emission Standards for Hazardous Air Pollutants for Pesticide Active Ingredient Production. These standards apply to all new and existing major sources of pesticide active ingredient production that manufacture organic pesticide active ingredients (PAI), including herbi cides, insecticides and fungici des. Affected processes include, but are not limited to, processi ng equipment, connected piping and ducts, associated storage vessels, pumps, compresso rs, agitators, pressure relief devices, sampling connection systems, open-ended valves or lines, valves and connectors. Exempted sources include research and developm ent facilities, storage vessels already subject to another 40 CFR Part 63 NESHAP, production of ethylene, storm water from segregated sewers, water from fire-fighting and deluge syst ems (including testing of such systems) and various spills. (Part 63, Subpart MMM)

nnn. Emission Standards for Hazardous Air Pollutants for Wool Fiberglass Manufacturing. These standards apply to all new and existing major sources of wool fiberglass manufacturing. Affected processes include, but are not limited to, all glassmelting furnaces, rotary spin (RS) m anufacturing lines that produce bonded building insulation, flame attenuation (FA) manufactu ring lines producing bonded pipe insulation and new FA manufacturing lines producing bonded heavy-density products. (Part 63, Subpart NNN)

ooo. Emission Standards for Hazardous Air Pollutants for Amino/Phenolic Resins Production. These standards apply to new or existing facilities that own or operate an amino or phenolic resins produc tion unit. (Part 63, Subpart OOO)

ppp. Emission Standards for Hazardous Air Pollutants for Polyether Polyols Production. These standards apply to all new and existing major sources of polyether polyols. Polyether polyols are compounds formed through polymerization of ethylene oxide, propylene oxide or other cyclic ethers with compounds having one or more reactive hydrogens to form polyethers. Affe cted processes include, but are not limited to, storage vessels, process vents, heat exchange systems, equipment leaks and wastewater operations. (Part 63, Subpart PPP)

qqq. Emission Standards for Hazardous Air Pollutants for Primary Copper Smelting. This standard applies to a new or existing primary copper smelter that is (or is part of) a major source of hazardous air po llutant (HAP) emissions. (Part 63, Subpart QQQ)

rrr. Emission Standards for Hazardous Air Pollutants for Secondary Aluminum Production. (Part 63, Subpart RRR).

sss. Reserved.

ttt. Emission Standards for Hazardous Air Pollutants for Primary Lead Smelting. These standards apply to all new and existing major sources of primary lead smelting. Affected processes include, but are not limit ed to, sintering machines, blast furnaces, dross furnaces and process fugitive sources. (Part 63, Subpart TTT)Page 63 of 104 Linn County Ordinance # 3-3-2011 uuu. Emission Standards for Hazardous Ai r Pollutants for Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Recovery Units. This standard applies to a new or existing petroleum refinery that is located at a major source of hazardous air pollutants (H APs) emissions. (Part 63, Subpart UUU)

vvv. Emission Standards for Hazardous Air Pollutants Publicly Owned Treatment Works (POTW). These standards apply to new or reconstructed nonindustrial POTW and industrial POTW. (Part 63, Subpart VVV)

www. Reserved.

xxx. Emission Standards for Hazardous Ai r Pollutants for Ferroalloys Production: Ferromanganese and Silicomanganese. These standards apply to all new and existing major sources of ferroalloys producti on of ferromanganese and silicomanganese. Affected processes include, but are not limited to, submerged ar c furnaces, metal oxygen refining (MOR) processes, crushi ng and screening operations, and fugitive dust sources. (Part 63, Subpart XXX)

yyy. to zzz. Reserved.

aaaa. Emission Standards for Hazardous Ai r Pollutants: Municipal Solid Waste Landfills. This standard applies to existing and new municipal solid waste (MSW) landfills. (Part 63, Subpart AAAA)

bbbb. Reserved.

cccc. Emission Standards for Hazardous Air Pollutants for the Manufacturing of Nutritional Yeast. (Part 63, Subpart CCCC)

dddd. Emission Standards for Hazardous Air Pollutants for Plywood and Composite Wood Products (formerly Plywo od and Particle Board Manufacturing). These standards apply to new and existing major sources with equipment used to manufacture plywood and composite wood produc ts. This equipment includes dryers, refiners, blenders, formers, presses, board coolers, and ot her process units associated with the manufacturing process. This also includes coati ng operations, on-site storage and wastewater treatment. However, only cert ain process units (defined in the federal rule) are subject to control or work practice requirem ents. (Part 63, Subpart DDDD)

eeee. Emission Standards for Hazardous Air Pollutants for Organic Liquids Distribution (Non-Gasoline). These standards apply to new and existing major source organic liquids distribution (non-gasoline). These standar ds apply to new and existing major source organic liquids distribution ( non-gasoline) operations , which are carried out at storage terminals, refineries, crude oil pipeline stations, and various manufacturing facilities. (Part 63, Subpart EEEE)

ffff. Emission Standards for Hazardous Air Pollutants for Miscellaneous Organic Chemical Manufacturing (MON). These sta ndards establish emission limits and work practice standards for new and existing ma jor sources with miscellaneous organicPage 64 of 104 Linn County Ordinance # 3-3-2011 chemical manufacturing process units, wa stewater treatment and conveyance systems, transfer operations, and associated ancil lary equipment. (Part 63, Subpart FFFF)

gggg. Emission Standards for Hazardous Ai r Pollutants for Solvent Extraction for Vegetable Oil Production. (Part 63, Subpart GGGG)

hhhh. Emission Standards for Hazar dous Air Pollutants for Wet-Formed Fiberglass Mat Production. This standar d applies to wet-formed fiberglass mat production plants that are major sources of hazardous air pollutants. These plants may be stand-alone facilities or located with asphal t roofing and processing facilities. (Part 63, Subpart HHHH)

iiii. Emission Standards for Hazardous Air Pollutants for Surface Coating of Automobiles and Light-Duty Trucks. These standards apply to new, reconstructed, or existing affected sources, as defined in the standard that are located at a facility which applies topcoat to new automobile or new lig ht-duty truck bodies or body parts for new automobiles or new light-duty tr ucks, and that is a major source, is located at a major soruce, or is part of a major source of emis sions of hazardous air pollutants. Additional applicability criteria and exempt ions from these standards ma y apply. (Part 63, Subpart IIII)

jjjj. Emission Standards for Hazardous Air Pollutants: Paper and Other Web Coating. This standard applies to a facilit y that is engaged in the coating of paper, plastic film, metallic foil, and other web surfac es located at a major source of hazardous air pollutant (HAP) emissions . (Part 63, Subpart JJJJ)

kkkk. Emission Standards for Hazardous Air Pollutants for Surface Coating of Metal Cans. These standards apply to a meta l can surface coating operation that uses at least 5,700 liters (1,500 gallons (gal)) of coatings per year and is a major source, is located at a major source, or is a part of a major source of hazardous air pollutant emissions. Coating operations located at an area source are not subject to this rule. Additional applicability criteria and exempti ons from these standards may apply. (Part 63, Subpart KKKK)

llll. Reserved.

mmmm. Emission Standards for Hazardous Air Pollutants for Surface Coating of

Miscellaneous Metal Parts and Products. These standards apply to miscellaneous metal parts and products surface coating major s ource facilities, or is located at a major source, or is part of a major source of hazardous air pollutant emissions. A miscellaneous metal parts and products surface c oating facility that is located at an area source is not subject to this standard. Ce rtain sources are exempt as described in the standard. (Part 63, Subpart MMMM)

nnnn. Emission Standards for Hazardous Air Pollutants: Surface Coating of Large Appliances. This standard applies to a facility that applies coatings to large appliance parts or products, and is a major sour ce, is located at a major source, or is part of a major source of emissions of hazardous air pollutants (HAPs). The largePage 65 of 104 Linn County Ordinance # 3-3-2011 appliances source category includes facilitie s that apply coatings to large appliance parts or products. Large appliances include "whi te goods" such as ovens, refrigerators, freezers, dishwashers, laundry equipment, tr ash compactors, water heaters, comfort furnaces, electric heat pumps and most HVAC equipment intended for any application. (Part 63, Subpart NNNN)

oooo. Emission Standards for Hazardous Air Pollutants for Printing, Coating, and Dyeing of Fabrics and Other Textiles. These standards apply to new and existing

facilities with fabric or other textile coating, printing, sl ashing, dyeing, or finishing operations, or group of such operations, t hat are a major sour ce of hazardous air pollutants or are part of a fac ility that is a major source of hazardous air pollutants. Coating, printing, slashing, dyeing, or fini shing operations located at an area source are not subject to this standard. Several exclusions from this source category are listed in the standard. (Part 63, Subpart OOOO)

pppp. Emission Standards for Hazardous Air Pollutants for Surface Coating of Plastic Parts and Products. This standard applie s to plastic parts and products surface coating facilities. Plastic parts and products include, but are not limited to, plastic components of the following types of products as well as the products themselves: motor vehicle parts and accessories for aut omobiles, trucks, recreational vehicles; sporting and recreational goods; toys; busi ness machines; laboratory and medical equipment; and household and other consumer products. Surface coating is the application of coating to a subs trate using, for example, sp ray guns or dip tanks. When application of coating to a substrate occurs, then surfac e coating also includes associated activities, such as surface pr eparation, cleaning, mixing, and storage. Several exclusions from this category are listed in the standard. (Part 63, Subpart PPPP)

qqqq. Emission Standards for Hazardous Air Pollutants for Surface Coating of Wood Building Products. These standards es tablish emission limitations, operating limits, and work practice requirements fo r wood building products surface coating facilities that use at least 1,100 gallons of coatings per year and are a major source, located at a major source, or are part of a major source of hazardous air pollutant emissions. Wood building products surface coat ing facilities located at an area source are not subject to this standard. Several exclusions from th is source category are listed in the standard. (Part 63, Subpart QQQQ)

rrrr. Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Furniture. This standard applie s to a metal furniture surfac e coating facility that is a major source, is located at a major source , or is part of a ma jor source of HAP emissions. A metal furniture surface coating fa cility is one that applies coatings to metal furniture or components of metal furnitur e. Metal furniture means furniture or components that are constructed either entirely or partially from metal. (Part 63, Subpart RRRR)

ssss. Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Coil. This standard requires that all new and existing "major" air toxics sources in the metal coil coating industry meet specific emission limits. Metal coil coating is thePage 66 of 104 Linn County Ordinance # 3-3-2011 process of applying a coating (usually protecti ve or decorative) to one or both sides of a continuous strip of sheet metal. Industries using coated metal include: transportation, building products, appliances, can manufacturi ng, and packaging. Other products using coated metal coil include measuring tapes, ventilation systems for walls and roofs, lighting fixtures, office filing cabinets, c ookware, and sign stock material. (Part 63, Subpart SSSS)

tttt. Emission Standards for Hazardous Air Pollutants for Leather Finishing Operations. This standard applie s to a new or existing leather finishing operation that is a major source of hazardous air pollutants (HAPs ) emissions or that is located at, or is part of, a major source of HAP emissions. In general, a leather finishing operation is a single process or group of processes us ed to adjust and improve the physical and

aesthetic characteristics of the leather surface through multistage application of a coating comprised of dyes, pigments, film-forming materi als, and performance modifiers dissolved or suspended in liquid ca rriers. (Part 63, Subpart TTTT)

uuuu. Emission Standards for Hazardous Air Pollutants for Cellulose Products Manufacturing. This standard applies to a new or existing cellulose products manufacturing operation that is located at a major source of HAP emissions. Cellulose products manufacturing includes both t he miscellaneous viscose processes source category and the cellulose ethers production source category. (Part 63, Subpart UUUU)

vvvv. Emission Standards for Hazardous Ai r Pollutants for Boat Manufacturing. (Part 63, Subpart VVVV)

wwww. Emission Standards for Hazardous Air Pollutants: Reinforced Plastic Composites Production. This standard applies to a new or an existing reinforced plastic composites production facility that is located at a major source of HAP emissions. (Part 63, Subpart WWWW)

xxxx . Emission Standards for Hazar dous Air Pollutants: Rubber Tire Manufacturing. This standard applies to a r ubber tire manufacturing facility that is located at, or is a part of, a major source of hazardous air pollutant (HAP) emissions. Rubber tire manufacturing includes the producti on of rubber tires an d/or the production of components integral to rubber tires, the production of tire cord, and the application of puncture sealant. (Part 63, Subpart XXXX)

yyyy. Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines. These standards apply to stationary combustion turbines which are located at a major source of hazardous air pollutant emissions. Several subcategories have been defined within the stationary combustion turb ine source category. Each subcategory has distinct requirements as specified in the standards. These standards do not apply to stationary combustion turbines located at an area source of haz ardous air pollutant emissions. (Part 63, Subpart YYYY)

zzzz. Emission Standards for Hazar dous Air Pollutants for Stationary Reciprocating Internal Combustion Engi nes. These standards apply to new and existing major sources with stationary reciproc ating internal combustion engines (RICE).Page 67 of 104 Linn County Ordinance # 3-3-2011 These standards also apply to new and reconstr ucted RICE located at area sources. For purposes of these standards , stationary RICE means any reciprocating internal combustion engine which uses reciprocat ing motion to convert heat energy into mechanical work and which is not mobile. (Part 63, Subpart ZZZZ, as amended through April 20, 2006).

aaaaa. Emission Standards for Hazardous Air Pollutants for Lime Manufacturing Plants. These standards regulate hazardou s air pollutant emissions from new and existing lime manufacturing plants that ar e major sources, co-located with major sources or are part of major sources. Addi tional applicability criteria and exemptions from these standards may apply. (Part 63, Subpart AAAAA)

bbbbb. Emission Standards for Hazar dous Air Pollutants for Semiconductor Manufacturing. This standard applies to semic onductor manufacturing facilities that is a major source of hazardous air pollutants (HAP) em issions or that is located at, or is part of, a major source of HAP emi ssions. (Part 63, Subpart BBBBB)

ccccc. Emission Standards for Hazardous Air Pollutants for Coke Ovens: Pushing, Quenching, and Battery Stacks. This standard applies to a new or existing coke oven battery at a plant that is a major source of HAP emission s. (Part 63, Subpart CCCCC)

ddddd. Emission standards for Hazar dous Air Pollutants for Industrial, Commercial, and Institutional Boilers and Proc ess Heaters. These standards apply to new and existing major sources with industrial, commercial or institutional boilers and process heaters. . (P art 63, Subpart DDDDD)* * As of April 15, 2009, the adoption by reference of Part 63, Subpart DDDDD, is rescinded. On July 30, 2007, the United St ates Court of Appeals for the District

of Columbia Circuit issued its mandat e vacating 40 CFR 63, Subpart DDDDD, in its entirety, and requi ring EPA to re-promulgate final standards for industrial,

commercial or institutional boilers and process heaters at new and existing major

sources.

eeeee. Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries. These standards apply to each new or existing iron and st eel foundry that is a major source of hazardous air pollutant em issions. A new affected source is an iron and steel foundry for which construction or reconstruction began after December 23, 2002. An existing affected source is an iron and steel foundry for which construction or reconstruction began on or before Decemb er 23, 2002. (Part 63, Subpart EEEEE)

fffff. Emission Standards for Hazardous Air Pollutants for Integrated Iron and Steel Manufacturing. These standards apply to affected s ources at an integrated iron and steel manufacturing facility that is (or is part of) a major source of hazardous air pollutant emissions. The affected sources ar e each new or existing sinter plant, blast furnace, and basic oxygen process furnace (BOPF) shop at an integrated iron and steel manufacturing facility that is (or is part of ) a major source of hazardous air pollutant emissions. (Part 63, Subpart FFFFF)Page 68 of 104 Linn County Ordinance # 3-3-2011 ggggg. Emission Standards for Hazardous Ai r Pollutants: Site Remediation. These standards apply to new and existing majo r sources with certain types of site remediation activity on the source’s pr operty or on a contiguous property. These standards control hazardous air pollutant (H AP) emissions at major sources where remediation technologies and practices are us ed at the site to clean up contaminated environmental media (e.g., soil, groundwater, or surface water) or certain stored or disposed materials that pose a reasonab le potential threat to contaminate

environmental media. Some site remediations already regul ated by rules established under the Comprehensive Environmental Response and Compensation Liability Act (CERCLA) or the Resource Conservation and Recovery Act (RCRA) are not subject to these standards, as specified in S ubpart GGGGG. There are also exemptions for short-term

remediation and for certain l eaking underground storage tanks, as specified in Subpart GGGGG. (Part 63, Subpart GGGGG)

hhhhh. Emission Standards for Hazar dous Air Pollutants for Miscellaneous Coating Manufacturing. These standards est ablish emission limits and work practice requirements for new and existing miscella neous coating manufacturing operations, including but not limited to, process vesse ls, storage tanks, wastewater, transfer operations, equipment leaks, and heat exch ange systems. (Par t 63, Subpart HHHHH)

iiiii. Emission Standards for Mercury Em issions from Mercury Cell Chlor-Alkali Plants. These standards apply to the chlorine production source categor y. This source category contains the mercury cell chlor-alk ali plant subcategory and includes all plants engaged in the manufacturing of chlorine and caustic in mercury cells. These standards define two affected sources: Mercury cell ch lor-alkali production facilities, and mercury recovery facilities. (Part 63, Subpart IIIII)

jjjjj. Emission Standards for Hazardous Air Pollutants for Brick and Structural Clay Products Manufacturing. These standards apply to new and existing brick and structural clay products manufacturing facilities that are, are located at, or are part of, a major source of hazardous air pollutant emissions. . (Part 63, Subpart JJJJJ)* * As of April 15, 2009, the adoption by reference of Part 63, Subpart JJJJJ, is rescinded. On June 18, 2007, the United Stat es Court of Appeals for the District

of Columbia Circuit issued its mandate vacating 40 CFR 63, Subpart JJJJJ, in its entirety, and requiring EPA to re-promu lgate final standards for brick and structural clay products manufacturi ng at new and existing major sources.

kkkkk. Emission Standards for Hazar dous Air Pollutants for Clay Ceramics Manufacturing. These standards apply to clay ceramics manufacturing facilities that are, are located at, or are par t of, a major source of hazar dous air pollutant emissions. The clay ceramics manufacturing source ca tegory includes those facilities that manufacture pressed floor tile, pressed wall tile, and other pressed tile; or sanitaryware, such as toilets and sinks. (Part 63, Subpart KKKKK)

lllll. Emission Standards for Hazardous Air Pollutants: Asphalt Processing and Asphalt Roofing Manufacturing. This standard applies to an existing or new asphalt processing or asphalt roofing manufacturing faci lity that is a major source of hazardousPage 69 of 104 Linn County Ordinance # 3-3-2011 air pollutants (HAPs) emissions, or is located at, or is part of a major source of HAP emissions. (Part 63, Subpart LLLLL)

mmmmm. Emission Standards for Hazar dous Air Pollutants: Flexible Polyurethane Foam Fabrication Operations. This standard appl ies to a new or existing source at a flexible polyurethane foam fabr ication facility. The standard defines two affected sources (units or collections of units to which a given stand ard or limit applies) corresponding to the two subcategories, loop slitter adhesive use or flame lamination. (Part 63, Subpart MMMMM)

nnnnn. Emission Standards for Hazardous Air Pollutants: Hydrochloric Acid Production. This standard applies to a new or existing HCl production facility that produces a liquid HCl product at a concentration of 30 weight percent or greater during its normal operations and is located at, or is part of, a major source of HAP. This does not include HCl production facilities that only occasionally produce liquid HCl product at a concentration of 30 weight percent or greater. (Par t 63, Subpart NNNNN)

ooooo. Reserved.

ppppp. Emission Standards for Hazardous Air Pollutants: Engine Test Cells / Stands. This standard applies to an engine test cell/stand that is located at a major source of HAP emissions. An engine test cell/stand is any apparatus used for testing uninstalled stationary or uninstalled mob ile engines. (Part 63, Subpart PPPP)

qqqqq. Emission Standards for Hazardous Air Pollutants for Friction Materials Manufacturing Facilities. This standard applies to a new or existing friction materials manufacturing facility that is (or is part of ) a major source of hazardous air pollutants (HAPs) emissions. Friction materials manufac turing facilities produce friction materials

for use in brake and clutch asse mblies. (Part 63, Subpart QQQQQ)

rrrrr. Emission Standards for Hazardous Air Pollutants: Taconite Ore Processing. This standard applie s to taconite iron ore processing plants that are (or are part of) a major source of hazardous air pollutant (HAP) emissions on the first compliance date that applies. (Part 63, Subpart RRRRR)

sssss. Emission Standards for Hazardous Air Pollutants for Refractory Products Manufacturing. This standard applies to a new or existing re fractory products manufacturing facility that is, is located at, or is part of, a major source of hazardous air pollutant (HAP) emissions . (Part 63, Subpart SSSSS).

ttttt. Emission Standards for Hazardous Air Pollutants for Primary Magnesium Refining. This standard applies to new and existing primary magnesium refineries that are (or are part of) a major s ource of hazardous air pollutant (HAP) emissions. (Part 63, Subpart TTTTT)

uuuuu – vvvvv. ReservedPage 70 of 104 Linn County Ordinance # 3-3-2011 wwwww. Emission Standards for Hazardous Air Pollutants for Hospital Ethylene

Oxide Sterilizer Area Sources. This st andard applies to a hospital that is an area source for hazardous air pollutant emissi ons and that owns or operates a new or existing ethylene oxide sterilization facility. (Part 63, Subpart WWWWW)

xxxxx. Reserved

yyyyy. Emission Standards for Hazardous Air Pollutants for Electric Arc Furnace Steelmaking Area Sources.

zzzzz. Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundry Area Sources. This standard appl ies to new or existing iron and steel

foundries that are area sources for hazardous air pollutant emissions. (Part 63, Subpart ZZZZZ)

aaaaaa. Reserved

bbbbbb. Emission Standards for Hazar dous Air Pollutants for Gasoline Distribution Area Sources: Bulk Terminals, Bu lk Plants and Pipeline Facilities. This standard applies to new and existing bulk gasolin e terminals, pipeline breakout stations, pipeline pumping stations and bulk gasoline plants that are area sources for hazardous air pollutant emissions. (Part 63, Subpart BBBBBB)

cccccc. Emission Standards for Hazardous Air Pollutants for Area Sources: Gasoline Dispensing Facilities. This standard applies to new and existing gasoline dispensing facilities (GDF) that are area sour ces for hazardous air pollutant emissions. The affected equipment includes each gasoline ca rgo tank during delivery of product to GDF and also includes each storage tank. The equipment used for refueling of motor

vehicles is not covered under these standards. (Part 63, Subpart CCCCCC)

dddddd – gggggg. Reserved

hhhhhh. Emission Standards for Hazardous Air Pollutants for Area Sources: Paint Stripping and Miscellaneous Surface Coat ing Operations. This standard applies to new or existing area sources of hazar dous air pollutants emissions that engage in any of the following activities: 1. Paint stri pping operations that use methylene chloride (MeCl)-containing paint stripping formulations; 2. Spray application of coatings to motor vehicles or mobile equipment; or 3. Spray application of coatings to plastic or metal substrate with coatings that contain co mpounds of chromium (Cr), lead (Pb), manganese (Mn), nickel (Ni) or cadmiu m (Cd). (Part 63, Subpart HHHHHH)

iiiiii – kkkkkk. Reserved

llllll. Emissions Standard fo r Hazardous Air Pollutants for Acrylic and Modacrylic

Fibers Production Area Sources. This standar d applies to acrylic or a modacrylic fibers production plants that ar e area sources for hazardous air pollutant emissions. (Part 63, Subpart LLLLLL)Page 71 of 104 Linn County Ordinance # 3-3-2011 mmmmmm. Emission Standards for Hazardous Air Pollutants for Carbon Black

Production Area Sources. This standard applies to carbon black production plants that are area sources for hazardous air po llutants. (Part 63, Subpart MMMMMM)

nnnnnn. Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Chromium Compounds Area Sour ces. This standard applies to plants that produce chromium compounds and are area sources for hazardous air pollutants. (Part 63, Subpart NNNNNN)

oooooo. Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam Production a nd Fabrication Area Sources. This standard applies to plants that produce flexible po lyurethane foam or rebond foam , and plants that fabricate polyurethane foam, that are ar ea sources for hazardous air po llutants. This standard applies to both new and existing area sources. An affected source is existing if

construction or reconstruction commenced on or before April 4, 2007. An affected

source is new if construction or reconstruc tion commenced after April 4, 2007. (Part 63, Subpart OOOOOO)

pppppp. Emission Standards for Hazardous Air Pollutants for Lead Acid Battery Manufacturing Area Sources. This standard applies to lead acid battery manufacturing plants that are area sources fo r hazardous air pollutants. Affected sources include all grid casting facilities, paste mixing facilit ies, three-process operation facilities, lead oxide manufacturing facilities, lead reclam ation facilities, and any other lead-emitting operation that is associated with a lead acid manufacturing plant. This standard applies to both new and existing area sources. An affe cted source is existing if construction or reconstruction commenced after April 4, 2007. (Part 63, Subpart PPPPPP)

qqqqqq. Emission Standards for Hazardous Air Pollutants for Wood Preserving Area Sources. This standard applies to wo od preserving operations that are area sources for hazardous air pollutants. This standard applies to both new and existing

area sources. An affected source is ex isting if construction or reconstruction commenced on or before April 4, 2007. An a ffected source is new if construction or reconstruction commenced after April 4, 2007. (Part 63 , Subpart QQQQQQ)

rrrrrr. Emission Standards for Hazardous Air Pollutants for Clay Ceramics Manufacturing Area Sources. This standard applies to any new or existing clay ceramics manufacturing facility with an atomiz ed glaze spray booth or kiln that fires glazed ceramic ware, that proc esses more than 50 tons per y ear of wet clay, and that is an area source for hazardous air pollut ant emissions. (Part 63, Subpart RRRRRR)

ssssss

. Emission standards for hazardous air po llutants for glass manufacturing area sources. This standard applies to any new or existing glass manufacturing facility that is an area source for hazardous air po llutant emissions and meets the following criteria: (1) manufactures fl at glass, glass containers or pressed and blown glass by melting a mixture of raw materials to prod uce molten glass and form the molten glass into sheets, containers or other shapes; and (2) uses one or more continuous furnaces to produce glass at a rate of at least 50 to ns per year and that contains compounds ofPage 72 of 104 Linn County Ordinance # 3-3-2011 one or more "glass manufacturing metal HAP, " as defined in 40 CFR 63.11459, as raw materials in a glass manufacturing batch formulation. (Part 63, Subpart SSSSSS)

tttttt. Emission Standards for Hazardous Air Pollutants for Secondary Nonferrous Metals Processing Area Sources. This standard applies to any new or existing secondary nonferrous metals processing facility that is an area source for hazardous air pollutant emissions. This standard applies to all crushing and screening operations at a secondary zinc processing facility and to all furnace melting operations located at any secondary nonferrous metals processing facility. (Part 63, Subpart TTTTTT)

uuuuuu. Reserved

vvvvvv. Emission standards for hazardous air pollutants for area sources: chemical manufacturing. This standard app lies to chemical manufacturing at new and existing facilities that are area sources for haz ardous air pollutant emissions. (Part 63, Subpart VVVVVV)

wwwwww. Emission standards for hazardous air pollutants for area sources: plating and polishing. This standard applies to plating and polishing activities at new and existing facilities that are area sources for hazardous air pollutant emissions. (Part 63, Subpart WWWWWW)

xxxxxx. Emission standards for hazardous air pollutants for area sources: metal fabrication and finishing. This standard app lies to new and existing facilities in which the primary activity or activiti es at the facility is metal f abrication and finishing and that are area sources for hazardous air pollut ant emissions. (Part 63, Subpart XXXXXX)

yyyyyy – zzzzzz. Reserved

aaaaaaa – bbbbbbb. Reserved

ccccccc. Emission standards for hazardous air pollutants for area sources: paint and allied products manufacturing. This st andard applies to paint and allied products manufacturing at new and existing facilities that are area sources for hazardous air pollutant emissions. (P art 63, Subpart CCCCCCC)

ddddddd. Emission standards for hazardous air pollutants for area sources: prepared feeds manufacturing. This standar d applies to prepared feeds manufacturing that produces animal feed products (not including feed for cats or dogs) and uses chromium or manganese compounds at new and exis ting facilities that are area sources for hazardous air pollutant emissi ons. (Part 63, Subpart DDDDDDD)

5. Emission Guidelines. Except as her eafter modified the emission guidelines regulations as adopted by the Iowa Departm ent of Natural Resources and promulgated as 567 Iowa Administrative Code, Chapter 23. 1(5), are hereby specif ically incorporated by reference and adopted as part of this ordinance.Page 73 of 104 Linn County Ordinance # 3-3-2011 6. Calculation of emission limitations based upon stack height. This rule sets limits for the maximum stack height credit to be us ed 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 ac tual physical stack height for any source. For the purpose of this subrule, definiti ons of "stack," "a stack in existence," "dispersion technique," "nearby" and "excessive concentration" as set forth in 40 CFR §§ 51.100(ff) through (hh), (jj) and (kk) as amended through June 14, 1996, are adopted by reference. a. "Good engineering practice (GEP) st ack height" means the greater of: (1) Sixty-five meters, measured from the ground level elevation at the base of the stack; or (2) For stacks in existence on January 12, 1979, and for which the owner and operator had obtained all applicable permits or approvals required under §10.5 and 40 CFR §52.21 as amended through June 13, 2007,

H g = 2.5H provided the owner or operator produces evidence that th is equation was actually relied on in establishing an emission limitation; For all other stacks,

H g = H + 1.5L

where:

H g = good engineering practice stack hei ght, measured from the ground level

elevation at the bas e of the stack, H = height of nearby struct ure(s) measured fr om the ground level elevation at the base of the stack, L = lesser dimension, height or projected width, of nearby structure(s), provided that the Department may require the use of a fi eld study or fluid model to verify GEP stack height for the source; or (3) The height demonstrated by a fluid m odel or a field study approved by the Department, which ensures that the emi ssions from a stack do not result in excessive concentrations of any air pollutant as a result of atmospheric downwash, wakes, or eddy effects creat ed by the source itself, near by structures or nearby

terrain features. Public notification of t he availability of su ch study and opportunity for public hearing are required prio r to approval by the Department. b. The degree of emission lim itation 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 pollu tant 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 param eters, stack parameters, or combined exhaust gases from several existing stacks into one stack; or other selectiv e handling of exhaust gas streams so as to increase gas plume rise. This rule is intended to impl ement Iowa Code section 455B.133.

10.10 Open Burning

A. No person shall allow, cause or permi t open burning of combustible materials, except as follows.Page 74 of 104 Linn County Ordinance # 3-3-2011 1. Open burning of the following types ma y be allowed provided a valid open burning permit is obtained.

a. Dangerous Materials. Fires for the di sposal of dangerous materials or for the prevention of a fire hazard when other al ternative methods of disposal are not available or impractical.

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 fire fighting methods. For the purpose of this subparagraph, "bona fide training" means training that is conducted accord ing to the National Fire Protection

Association 1403 Standard on Live Fire Trai ning Evolutions (2002 Edition), or a comparable training fire st andard. A training fire may be conducted, provided that all of the following conditions are met: 1. A training fire on a building is conduc ted with the building structurally intact 2. The training fire does not incl ude the controlled bur ning of a demolished building. 3. If the training fire is to be conducted on a building, written not ification must be provided to the Director and the Department on IDNR Form 542-8010, "Notification of an Iowa Training Fire-D emolition or a Controlled Burn of a Demolished Building," and mu st be postmarked or deliv ered to the Director at least ten working days before such action commences.

4. Notification shall be made in a ccordance with 40 CFR Section 61.145 as amended through January 16, 1991, which is the "Standard for Demolition

and Renovation" of the asbestos Nati onal Emission Standard for Hazardous

Air Pollutants. 5. All asbestos-containing material sha ll be removed prior to the training fire. 6. Asphalt shingles may be burned in a trai ning fire only if notification to the Director contains testing results indicati ng that none of the layers of asphalt shingles contain asbestos. During each ca lendar year, each fire department may conduct no more than two traini ng 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 compli ance with the above listed requirements before issuing the open burning permit. T he 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 bur ning of agricultural structures, provided that the open burning occurs on the prem ises, and for agricultural structuresPage 75 of 104 Linn County Ordinance # 3-3-2011 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 t he building to the Department prior to the open burning. All chemicals and asphalt shingl es shall be removed. All structures shall be inspected for suspect asbestos content by a state certified asbestos inspector. All asbestos-containing materi al shall be removed prior to burning. Burning shall be conducted only when we ather conditions are favorable with respect to surrounding property. Tires sha ll not be used to ignite agricultural

structures. The asbestos National Emission Standard for Hazardous Air Pollutants (NESHAP), as amended th rough 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, "agric ultural 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. "Agricul tural structures," for asbestos NESHAP purposes, includes all of t he above, with the excepti on of a single residential structure on the premises having four or fewer dwel ling units, which has been used only for residential purposes.

d. Disaster Rubbish. The open burning of rubbish, including landscape waste, for the duration of the community disaster period in cases where an officially declared emergency condition exists.

e. Flare Stacks. The open burning or flar ing of waste gases, providing such open burning or flaring is conducted in comp liance with §10.7 of this ordinance.

f. Landscape Wastes. Fire s set for the disposal of landscape wastes including grass, leaves, weeds, trees, tree limbs, natural growth for land clearing, agricultural wastes, etc. providing these fires comply with §10.7 of this ordinance. However, the burning of landscape wast e produced in clearing, grubbing and construction operations shall be limited to areas located at least one-fourth mile from any building inhabited by other than the landowner or tenant conducting the open burning. Burning shall be conducted wh en weather conditions are favorable with respect to surrounding property. Rubber tires shall not be used to ignite landscape waste. The open burning of land scape waste is limited to the property where such waste is generated.

g. Ceremonial Burning. Fires for ce remonial/recreational purposes such as American Legion flag burning, pep rallies, reli gious ceremonies, etc. These fires must be under the legitimate sponsorship of a bona fide civic, fraternal, religious, educational, or similar organization and must comply with §§10.7 and 10.11 of

this ordinance.

h. Trees and Tree Trimmings. The open bur ning of trees and tree trimmings not originated on the premises provided that the burning site is operated by a localPage 76 of 104 Linn County Ordinance # 3-3-2011 governmental entity, the burning site is fenced and access is controlled, burning is conducted on a regularly scheduled bas is and is supervised at all times, burning is conducted only when weather condi tions are favorable with respect to surrounding property, and the burning site is limited to areas at least one-quarter mile from any inhabited buildi ng unless a written waiver in the form of an affidavit is submitted by the owner of the build ing 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 onl y upon recording in the office of the

recordedrecorder of deeds of the county in which the inhabited building is located. When the open burning of trees an d 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 no t limited to, native prairie management may be allowed on a case by ca se basis, through the issuing of an open burning permit, provided the Air Pollu tion Control Officer has determined that the burning will not adversely effectaffect the air quality or will not violate any

sections of this Ordinance and is reas onable and practical as compared to other

alternatives available.

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

Officer.

Every application for an open burning permit r equired 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 re commended 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.

Open Burning Permits are valid provi ded the following conditions are met and

maintained:

a. The permit fee has been paid. Fees not paid in person shall be deemed paid on the date of mailing; b. Open burning permits must be signed by the Air Pollution Control Officer; c. Burning is authorized dur ing the dates stated on the permit which shall be for periods no less than thirty (30) da ys and no greater than one (1) year; d. Unless otherwise approved by the Fire Ch ief having jurisdiction, burning shall be conducted during the hours of one half hour after sunrise until one half hour before sunset. The Linn County Sheriff’ s Department shall be notified upon such approval by the permit applicant; e. Burning is conducted in a safe and r easonable manner so as not to endanger life or property; f. Fires must be attended by the permit applic ant or his/her agent at all times, this person shall have the burning permit in t heir possession at the time of burning;Page 77 of 104 Linn County Ordinance # 3-3-2011 g. The Air Pollution Control Officer sha ll 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 pr eviously 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.

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 re creational activities. These fires must be no larger than three f eet in diameter and must burn charcoal or

untreated wood. Wood must also be free of all leaves, needles or other vegetative

matter. These fires mu st comply with §10.7.

b. Camp fires and outdoor fireplaces burning untreated wood material, when in association with camping out, cooking, or sim ilar related recreational activities provided that these fires comply with all other sect ions of this Ordinanc e 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 dwe llings 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 fi res for the disposal of household rubbish at dwellings of more than four family units.

d. Paper Seed Bags. The dispos al 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 one-fourth mile from any building inhabited by other than the landowner or tenant conducting the open burning, livestock area, wildlife area,

or water source. The am ount 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. However, when the burning of paper seed bags causes a nuisance, the Air Pollution Control Officer may take action to secu re relocation of t he burning operation.

e. Fire Extinguisher Training. 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 fire fighting 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 Trai ning Evolutions (2002 Edition), or a comparable training fire standard. A training fire may be conduc ted, provided that all of the following conditions are met:Page 78 of 104 Linn County Ordinance # 3-3-2011 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 sha ll be limited to diesel fuel, gasoline, or a

combination of both.

4. Variance from rules. Any person wishi ng to conduct open burning of materials not listed in 10.10(A)(1) may make application for a variance as specified in §10.15. In addition to requiring the information specified in §10.15, the Air Pollution Control Officer may require any person applying for a varianc e from the open burning rules to submit adequate documentation to allow the Air Poll ution Control Officer to assess whether granting the variance will hind er attainment of a National Ambient Air Quality Standard (NAAQS).

B. Unavailability of Exemptions in Certain Areas. Notwithstanding §10.10(A)(1)(f) and §10.10(A)(3)(c) of this ordinance, no per son shall allow, cause or permit the open burning of residential waste, in cluding landscape waste and leaves, within the city limits of Cedar Rapids, Hiawatha or Marion, Iowa.

1. Notwithstanding §10.10(A)(1)(f), and §10.10(A)(3)(c) of this ordinance, no person shall allow, c ause 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 incor porated. The effective date of this rule is January 1, 2009.

C. Any fire in violation of this Ordinance may be order ed extinguished by any agency designated by the Air Pollution Control Officer. This provision shall not limit the Air Pollution Control Officer from seeking penalt ies provided for in this Ordinance.

10.11 Emissions of Objectionable Odors

1. No person shall cause or permit t he emission of any objectionable odorous matter

into the ambient air.

2. Upon receipt of a legally petitioned co mplaint concerning odor, the Air Pollution Control Officer shall make an investigat ion as set forth in §10.11(3) below.

3. An objectionable odor will be deemed to be obj ectionable as defined in §10.2 of this Ordinance or when it has been substantiated by the Air Pollution Control Officer. The

Air Pollution Control Officer shall consider t he complaint valid when odor is detectable:

a. On or adjacent to residential, recr eational, or institutional, retail sales, hotel, premises, after ambient air is diluted with four (4) volumes of odor-free air;

b. On or adjacent to industrial premises , after ambient air is diluted with 20 volumes of odor-free air; andPage 79 of 104 Linn County Ordinance # 3-3-2011 c. On or adjacent to premises other than those her ein before designated after

ambient air is diluted with 8 volumes of odor-free air.

The sampling of ambient air to establish that an objectionable odor exists shall be at or beyond the property line of the emission sour ce or at or near a location of human habitation. For field measurements, dilution methods for determining odor

concentrations shall be in accordance with te st procedures employed in the use of the Barnebey-Cheney Scentometer M odel 1-3 or its equivalent.

4. If a violation is determined to exist, t hen the Air Pollution Control Officer shall by an appropriate order, require the el imination of said objectionab le odor in accordance with the installation, permitting, and variance procedures set forth in this Ordinance.

10.12 Sulfur Compounds

The provisions of this sect ion shall apply to any inst allation from which sulfur compounds are emitted in to the atmosphere.

1. Sulfur Dioxide fr om Use of Fuels.

a. No person shall allow, c ause, or permit the emission of sulfur dioxide into the atmosphere in an amount greater than 5 po unds of sulfur dioxide, maximum 2 hour average, per million Brit ish Thermal Units of heat input from any solid fuel-burning installation for any combination of fuels burned. b. No person shall allow, c ause, or permit the emission of sulfur dioxide into the atmosphere in an amount greater than 1.5 pounds of sulfur dioxide, maximum 2 hour average, per million Br itish Thermal Units of heat input from any liquid fuel-burning installation. c. No person shall allow, cause, or permit the combus tion of number 1 or number 2 fuel oil exceeding a sulfur c ontent of 0.5 percent by weight.

2. Other Processes Capable of Emitting Sulfur Dioxide. No person shall allow, cause, or permit the emission of sulf ur dioxide from any process, in excess of 500 parts per million, based on volume.

3. New Source Performance Standards Sources Capable of Emitting Sulfur Compounds.

All sources subject to New Source Pe rformance Standards shall conform to requirements of §10.9(2) of this Ordinance.

10.13 Fugitive Dust

(1) Attainment and Unclassified Areas. No person shall allow, c ause, or permit any materials to be handled, transported, or stor ed; or a building, its appurtenances, or a construction haul road to be used, constructed, altered, repaired, or demolished with the exception of farming operations or dust gener ated by ordinary travel on unpaved publicPage 80 of 104 Linn County Ordinance # 3-3-2011 roads, without taking reasonable precautions to prevent particulate matter as defined in Iowa Code section 657.1, from becomi ng airborne. All persons, with the above exceptions, shall take reas onable precautions to preven t the discharge of visible emissions of fugitive dusts beyond the lot li ne of the property on which the emissions originate. Reasonable prec autions may include, but are not limited to, the following procedures:

1. Use, where practical, of water or chemicals for control of dusts in the demolition of existing buildings or struct ures, construction operations, the grading of roads, or the clearing of land.

2. Application of suitable materials such as, but not limited to, asphalt, oil, water, or chemicals, on unpaved roads, material sto ckpiles, race tracks, and other surfaces which can give rise to airborne dusts.

3. Installation and use of containment or control equipment to enclose or otherwise limit the emissions resulting from the handling and transfer of dusty materials such as, but not limited to, gr ain, fertilizer, or limestone.

4. Covering, at all times when in motion, open-bodied vehicles transporting material likely to give rise to airborne dusts.

5. Prompt removal of ear th or other material from paved streets on to which earth or other material has been transport ed by trucking or earth-moving equipment, erosion by water, or other means.

6. Reducing the speed of vehicles tr aveling over on-property surfaces as necessary to minimize the generation of airborne dusts.

(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§10.9, 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 separat e requirement for fugitive

dust from such sources.

For guidance on the types of controls which may constitute reasonable precautions, see "Identification of Techniques for the Control of Industrial Fugitive Dust Emissions*," adopted by the State of Iowa Environmental Protection Commission on May 19, 1981.

* Available from the Department

10.14 Excess Emission

1. Excess Emission Reporting.Page 81 of 104 Linn County Ordinance # 3-3-2011 a. Excess emission during periods of star tup, shutdown, or cleaning of control equipment. Excess emission during a period of startup, shutdown, or cleaning of control equipment is not a viol ation of the emissi on standard if the st artup, shutdown or cleaning is accomplished exp editiously and in a manner consistent with good practice for minimizing emissions. Cleaning of cont rol equipment which does not require the shutdown of the process equipment shall be limited to a period or periods aggregating

not more than six minute s in any one hour period.

b. Initial Reports of Excess Emissions. An incident of excess emission (other than an

incident of excess emission dur ing startup, shutdown or cleaning) shall be reported to the Air Pollution Control Officer within eight hour s of, or at the start of the first working day following the onset of the incident. T he reporting exemption for an incident of excess emission during startup, shutdown or cleaning does not relieve the owner or operator of a source with continuous monitoring equipment of the obligation of submitting reports required in §10.17.

An initial report of excess emission is not required for a source which operates continuous monitoring equipment (as specified in §10.17) if the incident of excess emission continues for less than thirty mi nutes and does not exceed the applicable visible emission standard by mo re than ten percent opacity.

The initial report shall be made by electroni c mail (e-mail), in person, or by telephone and shall include as a minimum the following:

(1) The identity of the equi pment or source operati on from which the excess emission originated and the associ ated stack or emission point;

(2) The estimated quantity of the excess emission;

(3) The time and expected duration of the excess emission;

(4) The cause of the excess emission;

(5) The steps being taken to remedy the excess emission;

(6) The steps being taken to limit the excess emission in the interim period;

c. Written Report of Excess Emission. A written report of an incident of excess

emission shall be submitted to the Air Pollu tion Control Officer as a follow-up to all required initial reports, within seven days of the onset of t he incident and shall include as a minimum the following:

(1) The identity of the equipment sour ce operation from which the excess emission originated and the associ ated stack or emission point;

(2) The estimated quantity of the excess emission;

(3) The time and duration of the excess emissions;Page 82 of 104 Linn County Ordinance # 3-3-2011 (4) The cause of the excess emission;

(5) The steps that were taken to rem edy and to prevent the recurrence of the

incident of ex cess emission;

(6) The steps that were taken to limit the excess emission;

(7) If the owner claims that the ex cess emission was due to a malfunction, documentation to support this claim.

d. Excess Emissions. An incident of ex cess emission, other than an incident during startup, shutdown, or cleaning of control equipment, s hall be considered a violation of

this ordinance.

If the owner or operator of a source ma intains that the incid ent of excess emission was due to a malfunction, the owner or operat or must show that the conditions which

caused the incident of excess emission were not preventable by reasonable

maintenance and control measures. Dete rmination of any subsequent enforcement action will be made following a revi ew of this report. If ex cess emissions are occurring, either the control equipment causing the excess emissi on shall be repaired in an expeditious manner or the process generatin g the excess emission shall be shut down within a reasonable period of time. An expedit ious manner is the time necessary to

determine the cause of the excess emissi ons and to correct it within a reasonable period of time. A reasonable period of time is eight hours plus the period of time required to shut down the process without damaging the process equipment or control equipment. Additional time may be granted if conditions are such that an eight hour period can be shown to be impractical. In each case the Air Pollution Control Officer

shall make this determination after review of the extenuating ci rcumstances and making any on-site inspections as necessary.

In the case of an electric utility, a r easonable period of time is eight hours plus the period of time until comparabl e generating capacity is ava ilable to meet consumer demand with the affected unit out of service, unless the Air Pollution Control Officer shall, upon investigation, r easonably determine that continued operation constitutes an unjustifiable environmental hazard and issues an order that such operation is not in the public interest and requires a process shutdown to commence immediately.

e. Compliance with other paragraphs. Not withstanding §10.14(1)(a) to §10.14(1)(d), a fossil fuel-fired steam generator to wh ich §10.9(2)(a)(1), §10.9(2)(a)(26), or §10.9(2)(a)(55) applies shall comply wit h §10.9(2)(a)(1), §10.9(2)(a)(26), or §10.9(2)(a)(55).

2. Maintenance and Repair Requirements.

a. Maintenance and repair. The owner or operator of any equipment or control equipment shall:Page 83 of 104 Linn County Ordinance # 3-3-2011 (1) Maintain and operate the equipment or control equipment at all times in a manner consistent with good practi ce for minimizi ng emissions.

(2) Remedy any cause of excess emission in an ex peditious manner.

(3) Minimize the amount and duration of any excess emission to the maximum extent possible during periods of su ch emissions. These measures may

include but not be limited to the use of clean fuels, production cutbacks, or the use of alternate process units or, in the case of utilities, purchase of electrical power until repairs are completed.

(4) Implement measures contained in any contingency plan prepared in accordance with §10.14(b)(3) below.

(5) Schedule, at a minimum, routine maintenance of equipment or control equipment during periods of process shutdown to the maximum extent possible.

b. Maintenance Plans. A maintenance plan will be required for equipment or control equipment where in the judgment of the Air Pollution C ontrol Officer, a continued pattern of excess emissions indicative of inadequate operation and maintenance is occurring. The maintenance plan shall incl ude, but not be limit ed to, the following:

(1) A complete preventive maintenance sc hedule, including ident ification of the persons responsible for inspecting, maintaining and repairing control equipment, a description of items or c onditions that will be inspected, the frequency of these inspections or r epairs, and an identification of the replacement parts which will be maintained in inventory for quick replacement;

(2) An identification of the equipm ent and air pollution control equipment operating variables that will be monitored in order to detect a malfunction or failure, the normal operating range of thes e variables, and a description of the method of monitoring and su rveillance procedures;

(3) A contingency plan for minimizing the amount and duration of any excess emissions to the maximum extent possi ble during periods of such emissions.

10.15 Variances

1. Application for variances

. A person may make application for a variance from applicable rules, standards or other provisions specified in this Ordinance.

a. Contents

. Each application for a variance shall be submitted to the Air Pollution Control Officer, stating the following:

(1) The name, address, and telephone num ber of the person submitting the application or, if such person is a l egal entity, the nam e and address of thePage 84 of 104 Linn County Ordinance # 3-3-2011 individual authorized to accept servic e of process on its behalf and the name of the person in charge of the premis es where the pertinent activities are conducted;

(2) The type of business or activity involved;

(3) The nature of the operation or process involved, including formation on the air contaminants emitted, the chemic al and physical properties of such emissions, and the estimated amount and rate of discharge of such emissions;

(4) The exact location of the operation or process involved;

(5) The reason or reasons for consider ing that compliance with the provisions specified in this Ordinance will produc e serious hardship without equal or greater benefits to the public, and the reasons why no other reasonable method can be used for such operations without resulting in a hazard to health or property;

(6) The certification by a responsible o fficial as defined in §10.2 of truth and accuracy. This certification shall state that, based on information and belief formed after reasonable inquiry, the stat ements and information provided are

true and accurate.

b. Variance extension

. The request for extension of a variance shall be accompanied by one of the fo llowing applicable items:

(1) A program to meet the emission limitations as spec ified in §10.15(2);

(2) A substantiated statement as to why a program cannot be developed.

c. Processing of applications. Each application for a variance and its supporting material shall be reviewed and an investigat ion of the facilities shall be made by the Air Pollution Control Officer fo r evaluation of whether or not the emissions involved will produc e the following effects:

(1) Endanger human health. Endanger or tend to endanger the health of persons residing in or otherwise occupying t he area affected by said emissions.

(2) Create safety hazards. Create or tend to create safe ty hazards, such as, but not limited to, interference with traffic due to reduced visibility.

(3) Damage to livestock or plant life. Damage or tend to damage any livestock harbored on or any plant life on property th at is affected by said emissions and under other ownership.

(4) Damage property. Damage or tend to damage any property on land that is affected by said emissions and under other ownership.Page 85 of 104 Linn County Ordinance # 3-3-2011 (5) Nonattainment. Granting the variance shall not co mpromise the attainment of any National Ambient Air Quality Standar ds for any regulated pollutant.

d. Trial burns for alternative fuels. An alternative fuel shall be defined as a fuel

for which the emissions from combusti ng the fuel are not known and shall exclude natural gas, coal, liquid propane, and all petroleum distillates.

(1) Variance from construction permit. The Air Pollution Control Officer may grant a variance for the purpose of test ing an alternative fuel and quantifying

the emissions from the alternative f uel, except as prohibited under section 10.15(e)"3". (2) Baseline testing. In addition to submitting the in formation required in subrule 10.15(1), the applicant may be required to submit baseline emission data for all applicable pollutants as a condition of approval. (3) Source testing. Emissions testing deemed necessary for any pollutants may be required as a condition of the variance and shall be conducted in accordance with section 10.17(2).

e. Decision. Upon completion of the investigat ion, the Air Pollution Control Officer shall evaluate the findings and:

(1) Granting of variance. The Air Pollution Control Officer shall grant a variance

when the Air Pollution Control Officer conclu des that the action is appropriate. The variance may be granted subject to conditions specified by the Air

Pollution Control Officer. The Air Pollu tion Control Officer shall specify time intervals as are considered appropriate for submission of reports on the progress attained in the emission reduction program;

(2) Denial of variance. Deny the variance when such action is appropriate. The applicant may request a review hearing before the Board of Health if the application is denied;

(3) The Air Pollution Control Officer shall not grant a variance from any of the following requirements:

a. Case-by-case MACT, 567 IAC 22.1(1)"b"; b. PSD, 567 IAC 22.4; c. New source performance standards, § 10.9(2); d. Emission standards for hazardous air pollutants, § 10.9(3)

e. Emission standards for hazardous air pollutants for source categories, §10.9(4); or f. Emission guidelines, 567 IAC 23.1(5).

(4) Require through the Iowa Department of Natural Resources a SIP revision for any variances issued pertaining to sections §§10.8 and 10.9

2. Emission Reduction Program.Page 86 of 104 Linn County Ordinance # 3-3-2011 a. Content. An air contaminant emissi on reduction program submitted to the Air Pollution Control Officer pursuant to t hese rules shall include a schedule for the installation of pollution control devices or t he replacement or alte ration of specified facilities in such a way that emissions of air contaminants are reduced to comply with the emission standard specified in this or dinance. The schedule must include, as a minimum, the following five increments of progress:

(1) The date of submittal of the fi nal control plan to the Department;

(2) The date by which contracts will be aw arded for emission control systems or process modification or the date by which orders will be issued for the purchase of component parts to acco mplish emission control or process modifications;

(3) The date that initiation of on-site construction or installation of emission control equipment or process modifications is to start;

(4) The date by which on-site constructi on or installation of emission control equipment or process modifica tion is to be completed.

(5) The date by which final compliance is to be achieved.

b. Action. The Air Pollution Control Office r shall approve the programs if they are adequate and reasonable.

(1) Upon approval of a program, a variance is granted for one year or until the final compliance date, whichever peri od is shorter. Emission reduction programs shall be reviewed annually by t he Air Pollution Control Officer and a variance extension granted for ongoing approved emission reduction programs which show satisfactory pr ogress toward the elimination or prevention of air pollution. The Air Po llution Control Officer may specify under

what conditions and to what extent t he variance or variance extension is granted.

(2) If the Air Pollution Control Officer disapproves a program, the applicant may appeal to the Board of Health, and the applicant shall have a period of 30 days from date of notificati on by the Air Pollution Control Officer in which to file an appeal.

(3) Failure to meet any increment of progress in the compliance schedule contained in an approved emission reducti on program may result in the disapproval by the Air Pollution C ontrol Officer and termination of the

associated variance.

c. Reports. Each person responsible fo r an approved program shall make periodic written progress reports to the Air Pollution Control Officer at completion of each phase of the program. The Air Pollution Control Offi cer shall make periodic reports to thePage 87 of 104 Linn County Ordinance # 3-3-2011 Board of Health on emission reduct ion programs submitted, and on the

recommendations related to such programs.

3. Temporary Electricity Gener ation for Disaster Situations. An electric utility may operate generators at an electric utility substation with a total combined capacity not to exceed 2 megawatts in capacity for a period of not longer than 10 calendar days and only for the purpose of providing electr icity generation in the event of a sudden

and unforeseen disaster that has disabled st andard transmission of electricity to the public. Department approval sh all be required if the electr ic utility intends to operate generators for a period longer than 10 calendar days. The electric utility shall provide an oral report to the Air Pollution Contro l Officer and shall specify the anticipated duration within 8 hours of commencing use of a generator or at the start of the first working day following the placement of a gener ator at each site. A written report shall be submitted to the depar tment within 30 calendar days following the cessation of use of the generators. T he written report shall state the nature of the sudden and unforeseen disaster, the location of each site, the number of generators used, the capacity of the generators used, the fuel ty pe of the generators, and the duration of use of each generator. For purposes of this ru le, the definition of "disaster" shall be defined in Iowa Code section 29C.2(1), and a disaster may occu r before, with, or without a gubernatorial or federal disaster proclamation.

10.16 Circumvention

It shall be unlawful to install a device to conceal emissions for the purpose of circumvention of this or other applicable air pollution ordinances. No person, firm, corporation, association, or public agency sha ll build, erect, install, or use any article, machine, equipment, or other contrivance, the primary purpose of which is to dilute or conceal an air contaminating em ission unless it shall result in a reduction in the total release of contaminants to the atmosphere and which alone or in co njunction with other such equipment will bring compliance with t he permissible standards set up in this or other applicable ordinances.

1. Evidence used in establishing that a violat ion has or is occurring. Notwithstanding any other provisions of these rules, any credible evidence may be used for the purpose of establishing whether a person has violated or is in violation of any provisions herein.

a. Information from the use of t he following methods is presumptively

credible evidence of whether a viol ation 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 s pecified in section 10.17; or

(3) Testing or monitoring methods approv ed for the source in a construction permit issued pursuant to section 10.5.Page 88 of 104 Linn County Ordinance # 3-3-2011 b. The following testing, monitoring or information-gathering methods are presumptively credible testing, monitori ng, or information-gathering methods:

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

(2) Other testing, monito ring, or information-gather ing methods that produce information comparable to that produced by any rule in subrule 10.16(1)"a" of this

subrule.

10.17 Testing and Sampling of New and Existing Equipment

1. Continuous Monitoring of Opacity from Coal-Fire St eam Generating Units. The owner or operator of any coal-fired or c oal-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 monitori ng equipment to monitor opacity. If an exhaust services more than one steam generat ing unit as defined in the preceding sentence, the owner has the option of in stalling opacity monitoring equipment on each

unit or on the common stack. Such monito ring equipment shall c onform to performance specifications specified in §10.17(9). The Air Pollution C ontrol 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 t he type of control equipment utilized would warrant such monitoring.

2. Reserved

3. Reserved

4. Continuous Monitoring of Su lfur Dioxide from Sulfuric Acid Plants. The owner or operator of any sulfuric acid plant of greater than 300 tons per day production capacity, the production being expressed as 100 percent ac id, shall install, calibrate, maintain and operate continuous monitoring equipment to monitor sulfur dioxide emissions. Said monitoring equipment shall conform to t he minimum performance specifications specified in §10.17(9).

5. Maintenance of Records of Continuous Mo nitors. The owner or operator of any facility which is required by any of §§10.17(1) and 10.17(4) to install, calibrate, maintain, and operate continuous monitoring equipment shall maintain for a minimum of two years a file of all information pertinent to eac h monitoring system present at the facility. Such information shall include, but is not limited to, all emissions data, raw data, adjusted data, and any or all adj usted factors used to convert emissions from units of measurement to units of applicable standar d, performance evaluations, calibrations and zero checks, and records of all malfuncti ons of monitoring equipment or source and repair procedures performed.

6. Reporting of Continuous Monitoring Info rmation. The owner or operator of any source affected by §§10.17(1) and 10.17(4) shall report to the Air Pollution ControlPage 89 of 104 Linn County Ordinance # 3-3-2011 Officer on a quarterly basis all periods of reco rded emissions in excess of the 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 appar ent reasons for these malfunctions and upsets. This report shall be made within thirty (30) days following the end of the calendar quarter. The provision shall not excuse compliance with more stringent applicable repor ting requirements.

7. Tests by Owner. The owner of new or existing equipment or the owner’s authorized agent shall conduct emissions tests to deter mine compliance with applicable rules in accordance with these requirements.

a. General. The owner of new or ex isting 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 applic able 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 th e Department. If the owner or operator does not provide timely notice to the Department, the Department shall not consider the test results or performance ev aluation results to be a valid demonstration of compliance with the applicable rules or permit conditions. At the Department’s request, a pretest meeting s hall 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 comp liance demonstration. A representative of the Linn County Public He alth Department shall be permi tted to witness the tests.

Results of the tests shall be submitted in wr iting to the Air Pollution Control Officer. With the exception of specific requirem ents for New Source Performance Standards under §10.17(1) above all test results shall be submitted to the Air Pollution Control Officer within six weeks after said testing has been completed.

b. New or Modified Equipment. Unless otherwise specified by the Department,

all new or modified e quipment shall be tested by the ow ner or the owner’s authorized agent to determine compliance with applicable emission limits. Tests conducted to demonstrate compliance with the requirement of the rules or a permit shall be conducted within 60 days of achieving maxi mum production but no later than 180 days of startup, unless a shorter time frame is specified in the permit.

c. Existing Equipment. The Air Polluti on Control Officer ma y 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 ot her 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 am bient air quality of an area. The Air Pollution Control Officer shall provide t he owner or agent not less than 30 days toPage 90 of 104 Linn County Ordinance # 3-3-2011 perform the compliance demonstration and s hall provide written notice of the requirement.

8. Tests by Department. Representatives of the Department may conduct separate

and additional air contaminant emission test s 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 wr iting by the Air Pollutio n 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 ow ner shall provide a suitable pow er source to the point or points of testing so that sampling instrum ents can be operated as required. Analytical

results shall be furnished to the owner.

9. Methods and Procedures. Stack sampli ng and associated analytical methods used to evaluate compliance with emission limitat ions of 10.8, 10.9, 10.12 or a permit condition are those specified in the "C ompliance Sampling Manual"* adopted by the Environmental Protection Commission on May 19, 1977, as revised through January 30, 2003. Sampling methods, analytical determinations, minimum performance specifications and quality a ssurance procedures for per formance evaluations of continuous monitor systems are those found in Append ices A (as amended through September 28, 2007), B (as amended thr ough September 28, 2007) and F (as amended through January 12, 2004) of 40 CFR Part 60, and Appendices A (as amended through January 24, 2008), B (a s amended through May 18, 2005), F (as amended through February 13, 2008) and K (a s amended through January 24, 2008) of 40 CFR Part 75, as adopted in 567 IAC Chap ter 25. Testing of sources which apply

under New Source Performance Standards shall use Reference Test Methods (Appendix A), performance specifications (A ppendix B), determination of emission rate change (Appendix C), and the general provisi ons (Subpart A) of 40 CFR Part 75 applicable testing procedures.

* Available from the Department.

10. Exemptions from Continuous Monitoring Requirements. The owner or operator of any source affected by §§10.17(4) and 10.17(5) is exempt if it can be demonstrated that any of the conditions set forth in this section are met, with the provision that periodic recertification of the ex istence 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 IAC Chapter 25.

b. An affected steam gener ator had an annual capacity fact or for calendar year 1974, as reported to the Federal Power Co mmission, of less 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 dur ing any period of monitoring system malfunction, provided that the source owner or operator shows, to the satisfaction of thePage 91 of 104 Linn County Ordinance # 3-3-2011 Air Pollution Control officer, that the malfunction was unav oidable and is being repaired as expeditiously as practical.

11. Extensions. The owner or operator of any source affected by §§10.17(4) and 10.17(5) may request an extensio n of time provided for installation of the required monitor by demonstrating to the Air Pollution C ontrol Officer that good faith efforts have

been made to obtain and install the monitor in the prescribed time.

12. Continuous monitoring of sulfur diox ide from emission points involved in an alternative emission control program. The ow ner or operator of any facility applying for an alternative emission control program under 567 IAC22.7(1) that involves the trade-off of sulfur dioxide emissions shall install, calibrate, maintain and operate continuous sulfur dioxide monitoring equipment consis tent with EPA refer ence methods (40 CFR 60, Appendix B, as amended through Decem ber 15, 1994) as adopted in 567 IAC 25.12. The equipment shall be operational within three months of EPA approval of an

alternative emission control program.

13. Continuous Emission Monitori ng Under the Acid Rain Program

The continuous emission monito ring requirements for affected units under the acid rain program as provided in 40 CFR Part 75, including Appendices A, B, F and K are amended through January 24, 2008 (Appendix F also was corrected on February 13, 2008), as adopted in 567 IAC 25.2, are adopted by reference.

10.18 Analysis Fees

Whenever the Air Pollution Control Officer determines that an analysis of the emissions from any source is necessary to determine the extent and amount of pollutants being discharged into the atmosphere which cannot be determined by visual observation a collection of samples shall be ordered and the analysis made by qualified personnel of the Linn County Public Health Department Laboratory or by another recognized laboratory. The cost for collecting samples, making t he analysis and preparing the necessary reports shall be charged against t he owner or operator of such premises.

10.19 Submission of Information

The Air Pollution Control Officer may require information about points of emission of air contaminants or the process creating the air contaminants, whether by stack, duct, flue, equipment, or by any other means, when such information is necessary for the conduct

of the work of the Air Pollut ion Control Officer. A period of thirty (30) days shall be

allowed for the submission of such information. However, in case of emergency, the Air Pollution Control Officer may designate any lesser time which is necessary under the

circumstances.

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 treat ment in accordance with the provisions of Iowa Code Chapters 22 and 455B.Page 92 of 104 Linn County Ordinance # 3-3-2011 Anyone making a request for reproduction of the Department’s records will pay for services at rates established by resolu tion of the Linn County Board of Health.

10.21 Prevention of Air Po llution Emergency Episodes

1. Episode Criteria.

a. Evaluation. Conditions justifying the proclamation of an air pollution alert, air pollution warning, or air pollution emer gency shall be deemed to exist whenever the

Air Pollution Control Officer determines that the meteorological co nditions are such

that the accumulation of air contaminants in any place is reaching, or has reached, levels which could, if sustained or exceed ed, lead to a substantial threat to the health of the public.

(1) Air Pollution Forecast. Initial consi deration of air pollution episode activities will be activated by receipt from the Nati onal Weather Service of an Air Stagnation Advisory indicating that meteorological conditions conducive to an air pollution episode may be imminent, along with predi ction of the durat ion and termination of such conditions. Receipt of such an advisory shall be the basis for activities such as, but not limited to, increased moni toring of air contaminants in the area

involved.

b. Declaration. In making determinations for the declaration of an air pollution episode condition, the Air Pollution C ontrol Officer will be guided by the criteria stated in the following paragraphs.

(1) Air Pollution Alert. An alert will be dec lared when any one of the following levels is reached at any monitoring site, and when meteorological conditions are such

that the contaminant concentration can be ex pected to remain at those levels for twelve (12) or more hours, or increas e, unless control actions are taken:

(A) Sulfur Dioxide: 800 micrograms per c ubic meter (0.3 ppm), 24 hour average;

(B) Fine Particulate Matter: 350microgr ams per cubic meter, 24 hour average;

(C) Sulfur Dioxide and Particulate Matter Co mbined: Product of micrograms sulfur dioxide per cubic meter (24 hour aver age) and micrograms particulate matter per cubic meter (24 hour average) equal to 65,000;

(D) Carbon Monoxide: 17 milligrams per cubic meter (15 ppm), 8 hour average;

(E) Oxidants (ozone): 200 micrograms per cubic meter (0 .1 ppm), 1 hour

average;

(F) Nitrogen Dioxide: 1, 130 micrograms per cubic meter (0.6 ppm), 1 hour average, or 282 micrograms per cubic me ter (0.15 ppm), 24 hour average.Page 93 of 104 Linn County Ordinance # 3-3-2011 (2) Air Pollution Warning. A warning wil l be declared when any one of the following levels is reached at any monitoring site and when meteorologic al conditions are

such that the contaminant concentrations can be expected to remain at those levels for twelve (12) or more hours, or increase, unless control actions are

taken:

(A) Sulfur Dioxide: 1,600 micrograms per cubic mete r (0.6 ppm), 24 hour

average;

(B) Fine Particulate Matter: 420 microgram s per cubic meter, 24 hour average;

(C) Sulfur Dioxide and Particulate Matte r Combined: Products of micrograms sulfur dioxide per cubic meter (24 hour average) and micrograms particulate matter per cubic meter (24 hour average) equal to 261,000;

(D) Carbon Monoxide: 34 milligrams per cubic meter (30 ppm), 8 hour average;

(E) Oxidants (ozone): 800 micrograms per cubic meter (0 .4 ppm), 1 hour

average;

(F) Nitrogen Dioxide: 2, 260 micrograms per cubic meter (1.2 ppm), 1 hour average, or 565 micrograms per cubic meter (0.3 ppm), 24 hour average.

(3) Air Pollution Emergency. An emer gency shall be declared when any one of the following levels is reached at any monitoring site and when meteorological

conditions are such that this condition can be expected to continue for twelve (12) or more hours:

(A) Sulfur Dioxide: 2,100 micrograms per cubic mete r (0.8 ppm), 24 hour

average;

(B) Fine Particulate Matter: 500 micrograms per cubic meter, 24 hour average;

(C) Sulfur Dioxide and Particulate Matter Combined: Product of micrograms sulfur dioxide per cubic meter (24 hour aver age) and micrograms particulate matter per cubic meter (24 hour average) equal to 393,000;

(D) Carbon Monoxide: 46 milligrams per cubic meter (40 ppm), 8 hour average;

(E) Oxidants (ozone): 1,200 microgram s per cubic meter (0.6 ppm), 1 hour

average;

(F) Nitrogen Dioxide: 3, 000 micrograms per cubic meter (1.6 ppm), 1 hour average, or 750 micrograms per cubic meter (0.4 ppm), 24 hour average.

(4) Termination. Once declar ed, any status reached by app lication of these criteria

will remain in effect until the criteria for that level are no longer met. AsPage 94 of 104 Linn County Ordinance # 3-3-2011 meteorological factors and air contam inants change, an appropriate change in episode level will be declared.

2. Preplanned Abatement Strategies.

a. Planned Strategies. Standby plans s hall be designed to r educe or eliminate

emissions of air contaminants in accordanc e with the objectives set forth in Tables III-V, which are made a part of this section.

1) Plan Preparation. Any person responsib le for the operation of a source of air

contaminants as set forth in Tables II I-V shall prepare standby plans for reducing the emission of air contaminants, which shall be implemented upon the declaration of an air pollution episode and continued for the duration of the declared episode.

(A) Any person responsible for the operati on of a source of air contaminants not set forth under this paragraph shall, w hen requested by the Air Pollution Control Officer in writing, prepare standby plans for reducing the emission of

such air contaminant or contaminant s during periods of an air pollution episode, as specified in this section.

2) Plan Content. Standby plans as required un der this section shall be in writing. Each standby plan shall identify the sour ces of air contaminants, the approximate amount of reduction of contaminants, and a brief description of the manner in which the reduction will be achieved during an air pollution alert, air pollution warning, or air pollution emergency, as specified in this section.

3) Review of Plans. Standby plans as require d by this section shall be submitted to

the Air Pollution Control Officer. Each st andby plan shall be subject to review. If, in the opinion of the Air Pollution Contro l Officer, a standby plan does not provide for adequate reduction of emissions, t he Air Pollution Control Officer may disapprove such plan, state the r easons for disapproval, and order the preparation of an amended standby plan wit hin a time period specified in the

order.

4) Availability. During a declared air po llution episode, standby plans as required by

this section shall be made available on t he premises to any person authorized to

enforce this ordinance.

3. Actions During Episodes.

a. Emissions Reduction Activities. Any person responsible for the operation of a

source of air contaminants as set forth in Tables III-V herein, whose source is located within the area involved, shall foll ow the actions specified below during periods of an air pollution alert, air pollution warning or air pollution emergency as may be declared.Page 95 of 104 Linn County Ordinance # 3-3-2011 (1) Air Pollution Alert. When an air pollu tion alert has been declared, all persons in the area involved responsible for the operation of a source of air

contaminants as set forth in Table III her ein, shall take all air pollution alert actions as required for such source s of air contaminants, and persons responsible for the operation of specific sources set forth in Table III herein, shall put into effect the preplanned abatement strategy for an air pollution

alert.

(2) Air Pollution Warning. When an air pollution warning has been declared, all persons in the area involved responsible for the operation of a source of air contaminants as set forth in Table IV, herein, shall take all air pollution warning actions as required for such sources of air contaminants, and persons responsible for the operation of s pecific sources set forth in Table IV herein, shall put into effect the pr eplanned abatement strategy for an air pollution warning.

(3) Air Pollution Emer gency. When an air pollution emergency has been declared, all persons in the area invo lved responsible for the operation of a

source of air contaminants as set forth in Table V herein, shall take all air pollution emergency actions as required fo r such sources of air contaminants, and persons responsible for the operati on of specific sources set forth in Table V herein, shall put into effect the preplanned abatement strategy for an air pollution emergency.

(4) Special Conditions. When the Air Poll ution Control Officer determines that a specific episode level has been reached at one or more monitoring sites solely because of emissions from a limit ed number of sources, he shall notify the persons responsible for such sources that the preplanned abatement strategy of Tables III, IV, and V, or t he standby plans, are required insofar as they apply to such sources, and such actions shall be put into effect until

notified that the criter ia of the specified level are no longer met.

TABLE III

ABATEMENT STRATEGIES EMISSION REDUCTION ACTIONS

ALERT LEVEL

General

1. There shall be no open burning by any persons of tree waste, vegetation, refuse, or debris in any form.

2. The use of incinerators for the disposal of any form of solid waste shall be limited to

the hours between 12:00 noon and 4:00 p.m.

3. Persons operating fuel- burning equipment which requir es boiler lancing or soot blowing shall perform such operations only between the hours of 12:00 noon and 4:00 p.m.Page 96 of 104 Linn County Ordinance # 3-3-2011 4. Persons operating motor vehicles s hould eliminate all unnecessary operations.

Source Curtailment

Any person responsible for the operation of a source of air contaminants listed below shall take all required control actions for this alert level.

Source of Air Pollution Control Action

1. Coal or oil-fired el ectric power generating

facilities. a. Substantial reduction by utilization of fuel having low ash and sulfur content. b. Maximum utilization of mid-day (12:00 noon to 4:00 pm) atmospheric turbulence for boiler lancing and soot blowing. c. Substantial reduction by diverting electric power generating to facilities outside the

alert level. 2. Coal and oil-fired process steam generating facilities. a. Substantial reduction by utilization of fuels having low ash and sulfur content. b. Maximum utilization of mid-day (12:00 noon to 4:00 pm) atmospheric turbulence for boiler lancing and soot blowing.

c. Substantial reduction of steam load demands consistent with continuing plant operation. 3. Manufacturing indust ries of the following

classification: Primary Metals Industries Petroleum Refining Operations

Chemical Industries Mineral Processing Industries Paper and Allied Products Grain Industry a. Substantial reducti on of air contaminants from manufacturing operat ions by curtailing, postponing, or deferring production and all operation. b. Maximum reduction by deferring trade waste disposal operations which emit solid particles, gases, vapors, or malodorous

substances.

c. Maximum reduction of heat load demands for processing. d. Maximum utilization of mid-day (12:00 noon to 4:00 pm) atmospheric turbulence for boiler lancing and soot blowing.

TABLE IV

ABATEMENT STRATEGIES EMISSION REDUCTION ACTIONS

WARNING LEVEL

GeneralPage 97 of 104 Linn County Ordinance # 3-3-2011 1. There shall be no open burning by any persons of tree waste, vegetation, refuse, or debris in any form.

2. The use of incinerators for the disposal of any form of solid waste or liquid waste shall be prohibited.

3. Persons operating fuel- burning equipment which requir es boiler lancing or soot blowing shall perform such operations only between the hours of 12:00 noon and 4:00 p.m.

4. Persons operating motor vehicles must reduce operations by the use of car pools and increased use of public tr ansportation and elimination of unnecessary operation.

Source Curtailment

Any person responsible for the operation of a source of air contaminants listed below shall take all required control ac tions for this warning level.

Source of Air Pollution Control Action

1. Coal or oil-fired el ectric power generating

facilities. a. Substantial reduction by utilization of fuels having lowest ash and sulfur

content. b. Maximum utilization of mid-day (12:00 noon to 4:00 pm) atmospheric turbulence for boiler lancing and soot blowing. c. Maximum reduction by diverting electric power generation to facilities outside the warning area. 2. Coal and oil-fired process steam generating facilities. a. Maximum reduction by utilization of fuels having lowest ash and sulfur content. b. Maximum utilization of mid-day (12:00 noon to 4:00 pm) atmospheric turbulence for boiler lancing and soot blowing. c. Making ready for use a plan of action to be taken if an emergency develops. 3. Manufacturing industries which require

considerable lead time for shutdown including the followi ng classifications: Primary Metals Industries Petroleum Refining Operations

Chemical Industries Paper and Allied Products

Glass Industries a. Maximum reduction of air contaminants from manufacturing operations by, if necessary, assuming reasonable economic hardships by postponing production and allied operation. b. Maximum reduction by deferring trade waste disposal operations which emit solid particles, gases, vapors, or

malodorous substances.

c. Maximum reduction of heat load demands for processing. d. Maximum utilization of mid-day (12:00 noon to 4:00 pm) atmospheric turbulencePage 98 of 104 Linn County Ordinance # 3-3-2011 Source of Air Pollution Control Action for boiler lancing and soot blowing. 4. Manufacturing industries which require relatively short lead times for shutdown, including the followi ng classifications: Primary Metal Industries

Chemical Industries Mineral Processing Industries

Grain Industries a. Elimination of air contaminants from manufacturing operations by ceasing, curtailing, postponing or deferring, production and allied operations to the extent possible without causing injury to persons or damage to equipment.

b. Elimination of air contaminants from trade waste disposal processes which emit solid particles, gases, vapors or

malodorous substances.

c. Maximum reduction of heat load demands for processing. d. Maximum utilization of mid-day (12:00 noon to 4:00 pm) atmospheric turbulence for boiler lancing and soot blowing.

TABLE V

ABATEMENT STRATEGIES EMISSION REDUCTION ACTIONS

EMERGENCY LEVEL

General

1. There shall be no open burning by any persons of tree waste, vegetation, refuse, or debris in any form.

2. The use of incinerators for the disposal of any form of solid or liquid waste shall be prohibited.

3. All places of employment described below shall immediately cease operations:

a. Mining and quarrying of nonmetallic materials.

b. All construction work except that which must proceed to avoid emergent physical harm.

c. All manufacturing establishments except those required to have in force an air pollution emergency plan.

d. All wholesale trade establishments, i. e., places of business primarily engaged in selling merchandise to retailers or i ndustrial, commercial, institutional or professional users or to other wholesalers or those acting as agents in buyingPage 99 of 104 Linn County Ordinance # 3-3-2011 merchandise for or selling merchandise to such persons or companies, except those engaged in the di stribution of drugs, surgical supplies and food.

e. All offices of local, county, and stat e government including authorities, joint meetings, and other public bodies excepting such agencies which are determined by the chief administrative officer of local, county, or state government, authorities, join t meetings, and other public bodies to be vital for public safety and welfare and the enforce ment of the prov isions of this

Ordinance.

f. All retail trade establishments except pharmacies, surgical supply distributors, and stores primarily engaged in the sale of food.

g. Banks, credit agencies other than banks, securities and commodities brokers, dealers, exchanges and services, office s of insurance carriers, agents and brokers, and real estate offices.

h. Wholesale and retail laundries, l aundry services and cleaning and dyeing establishments, photographic studios , beauty shops, barber shops, shoe repair shops.

i. Advertising offices, consumer cr edit reporting, adjustment and collection agencies, duplicating, addressing, blueprin ting, photocopying, mailing, mailing list and stenographic services, equipment rental services, and commercial testing laboratories.

j. Automotive repair, automobile services, and garages.

k. Establishments rendering amusement and recreational services including motion picture theaters.

l. Elementary and secondary schools, co lleges, universities, professional schools, junior colleges, vocational schools, and public and private libraries.

4. All commercial and manufacturing estab lishments not included in this Ordinance will

institute such actions as will result in maximum reduction of air contaminants from their operations by ceasing, curtailing, or postponing operations which emit air pollutants to the extent possible without causing injury to persons or damage to equipment.

5. The use of motor vehicles is prohibited ex cept in emergencies with the approval of local or state police.

Source Curtailment

Any person responsible for the operation of a source of air contaminants listed below shall take all required control ac tions for this emergency level.Page 100 of 104 Linn County Ordinance # 3-3-2011 Source of Air Pollution Control Action

1. Coal or oil-fired el ectric power generating

facilities. a. Maximum reduction by utilization of fuels having lowest ash and sulfur content. b. Maximum utilization of mid-day (12:00 noon to 4:00 pm) atmospheric turbulence for boiler lancing and soot blowing. c. Maximum reduction by diverting electric power generation to facilities outside the

emergency area. 2. Coal and oil-fired process steam generating facilities. a. Maximum reduction by reducing heat

and steam demands to absolute necessities consistent with preventing equipment damage. b. Maximum utilization of mid-day (12:00 noon to 4:00 pm) atmospheric turbulence for boiler lancing and soot blowing. c. Taking the action called for in emergency plan. 3. Manufacturing indust ries of the following

classifications: Primary Metals Industries Petroleum Refining Operations

Chemical Industries Paper and Allied Products Mineral Processing Industries

Grain Industries a. Elimination of air contaminants from manufacturing operations by ceasing, curtailing, postponing or deferring production and allied operations to the extent possible without causing injury to persons or damage to equipment.

b. Elimination of air contaminants from trade waste disposal processes which emit solid particles, gases, vapors, or

malodorous substances.

c. Maximum reduction of heat load demands for processing. d. Maximum utilization of mid-day (12:00 noon to 4:00 pm) atmospheric turbulence for boiler lancing and soot blowing.

10.22 Enforcement

It shall be the duty of the Air Pollution Control Officer to enforce the provisions of this Ordinance. For the purpose of enforcement of this Ordinance, the Air Pollution Control Officer or a duly authorized representative, a fter presentation of credentials, is hereby empowered to enter the premis es of any dwelling, industry , or other public or private place now or hereafter established or locat ed within Linn County, Iowa, for the purpose of determining whether or not said premises ar e operating in violation of this Ordinance. Specific powers and duties of the Air Polluti on Control Officer rela ted to this Ordinance shall include the power to:

1. Supervise the execution of this Ordinance pertaining to air pollution.Page 101 of 104 Linn County Ordinance # 3-3-2011 2. Institute complaints against all persons vi olating any provisions of this Ordinance; institute necessary legal proceedings to pr osecute violations of this Ordinance; issue citations to persons committi ng county infractions and compel the prevention and abatement of air polluti on or nuisance arising therefrom.

3. Approve or disapprove, in accordance with the requirements of this Ordinance, plans for fuel-burning and ai r pollution control equipment.

4. Make or supervise inspections and tests of existing and newly installed, constructed, reconstructed or altered f uel-burning or refuse-burning equipment and process control equipment to determi ne if there is compliance with the provisions of this Ordinance.

5. Prepare and present to the Board of Health and the Linn County Board of Supervisors for their a pproval or disapproval proposals for Ordinances and

additions or revisions to this Ordinanc e or any ordinance pertaining to air pollution control.

6. Review those matters rela ted to air pollution referred by other county, state, or federal agencies and make recommendations.

7. Submit monthly reports concerning permi ts and variances issued, status of air quality and other information of general interest required by state or federal law.

8. Do any and all acts which may be nece ssary for the successful enforcement of the provisions of this Ordinance.

10.23 Sealing

After three (3) notifications of the same violation of this Ordinance within a twelve (12) month period, in respect to the emission of air contaminants from the same source, a violator shall be notified by ce rtified mail to show cause before the Linn County Board of Health within thirty (30) days why the o ffending equipment shall not be sealed. The

notice shall be directed to the last address of the person to be notified, or if the person or their whereabouts is unknown, then the notice shall be posted on or near the premises at which the violations have occurred.

The violator or an agent or attorney representing the violator may appear before the Linn County Board of Health and be heard. The Linn County B oard of Health shall then

determine whether or not to direct the Air Po llution Control Officer to seal the equipment

until such time as corrective measures are taken.

It shall be unlawful for any person to break a seal that has been duly affixed by the Air Pollution Control Officer or an authorized repr esentative unless author ized in writing by

the Air Pollution Control Office r to do so after the corrective measures have been taken. Any equipment sealed under this section of the Ordinance shall remain sealed during any appeal process.Page 102 of 104 Linn County Ordinance # 3-3-2011 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 sealing equipment which is being operated in violation of this Ordinance.

10.24 Penalty

A violation of any of the r equirements of this ordinance is subject to the following penalties:

1. A violation of any provision of this or dinance or any code, rules, or regulations adopted herein by reference shall c onstitute a county infraction.

2. Open Burning Penalties.

a. Any person convicted of committing a county infraction based upon Section 10.8(3) (Residential Heaters) or Section 10.10 (Open Burning) of this ordinance

shall be fined as follows:

First offense: $100

Second offense: $200

Third and subsequent offense: accordi ng to the provisions of §10.24(3)

b. Notwithstanding §10.24(2 )(a) of this ordinance, any person convicted of committing a county infraction based upon Sect ion 10.8(3) (Residential Heaters) or Section 10.10 (Open Burning) of this ordinance shall be fined according to the provisions of §10.24(3) if the material contained in the open burning involves any of the following:

1) tires or other rubber materials

2) asphalt shingles or other asphalt materials

3) any material potentially containing asbestos, unless it was tested by an approved laboratory prior to t he burning and proven to be negative

4) creosote treated wood

5) trade waste materials

c. Notwithstanding §10.24(2 )(a) of this ordinance, any person convicted of committing a county infraction based upon Sect ion 10.8(3) (Residential Heaters) or Section 10.10 (Open Burning) of this ordinance shall be fined according to the provisions of §10.24(3) if the burning involves co mmercially generated waste including, but not limited to, burning to avoi d fees for proper disposal, burning in conjunction with scrapping or salvaging operations, or burning material hauled

from other locations.Page 103 of 104 Linn County Ordinance # 3-3-2011 3. Pursuant to authority granted by §455B .146 of the Code of Iowa, any person charged with committing a county infrac tion based upon any section of this ordinance (except Section 10.8(3) or Secti on 10.10 as specifica lly exempted above) shall, upon conviction be subject to a civ il penalty of not more than Ten Thousand Dollars ($10,000) per day for each day of the violation. Each day that a violation occurs or is permitted to ex ist by the violator shall c onstitute a separate offense.

4. The citation for a county infraction may be served by personal service or by certified mail return receipt requested. A copy of the citation shall be retained by the Air Pollution Control Officer and one copy shall be s ent to the clerk of the district court.

5. A person found guilty of a county infracti on is liable for the court costs and fees.

6. In addition to any civil penalty imposed for violation of this Ordinance, the court may grant appropriate relief to abate or halt the violation.

7. If a violator willfully fails to pay the civil penalty or violates the terms of any other order imposed by the court, such fa ilure shall constitute contempt.

8. Notwithstanding the provisions of §§10. 24(1) and 10.24(3) any person found guilty of a violation of any of the pr ovisions of this Ordinance ma y be subject to a criminal penalty pursuant to §455B.146A, Code of Iowa. Each day that a violation occurs or is permitted to exist by the violator shall constitute a separate offense.

9. The provisions of this Or dinance shall not preclude the bringing of a civil action by ordinary proceedings to enjoi n or abate any nuisance.

10. Nothing herein shall preclude the Envir onmental Protection Agency Administration's right of enforcement under any section of the Clean Air Act.

11. Civil penalties assessed by the Departm ent shall be deposited in the general fund of the Department to be used for co mmunity environmental benefit.

10.25 Jurisdiction

The provisions of this Ordinance s hall apply throughout Linn County, Iowa.

10.26 Repealer

All ordinances or parts of ordinances in conf lict with the provisions of this Ordinance are hereby repealed.

10.27 Severability Clause

If any section, provision, or other part of this Ordi nance shall be adjudged invalid or unconstitutional said adjudication shall not a ffect the validity of the Ordinance as aPage 104 of 104 Linn County Ordinance # 3-3-2011 whole or any section, provision, or other part thereof not adjudged invalid or

unconstitutional.

10.28 When Effective

This Ordinance shall become effective on April 1, 2011[Insert effective date]

Approved by the Linn County Board of Supervisors the 23rd day of March, 2011 [ Insert Date of Approval]

.

_____________ Chairperson Brent Oleson

District 4

_________________ Vice Chairperson John Harris

District 5

______________ Supervisor Lu Barron

District 1

________________ Supervisor Linda Langston

District 2

_______________ Supervisor Ben Rogers

District 3

ATTEST:

______________ Joel Miller, Linn County Auditor

Dates read: March 14, 2011 March 16, 2011 March 23, 2011[Insert Dates]

Published in the Cedar Rapids Gazette on April 1, 2011[Insert Publication Date]AIR QUALITY

TABLE OF CONTENTS

10.1 Purpose and Ambient Air Quality St andards ..................................................... 1

10.2 Defi nitions ............................................................................................................. 2

10.3 Air Qualit y Division ............................................................................................ 19

10.4 Title V and Voluntary Permits ............................................................................ 19
10.5 Locally Requi red Permits .................................................................................. 19

10.6 Permi t Fees ......................................................................................................... 31

10.7 Visible Emissions ............................................................................................... 32

10.8 Emissions From Fue l-Burning E quipmen t ....................................................... 33

10.9 Emissions Standards ......................................................................................... 36
10.10 Open Burning ................................................................................................... 73

10.11 Emissions of Ob jectionable Odors ................................................................. 78

10.12 Sulfur Compounds ........................................................................................... 79
10.13 Fugitive Dust ..................................................................................................... 79

10.14 Excess Em ission .............................................................................................. 80

10.15 Vari ances .......................................................................................................... 83

10.16 Circum vention .................................................................................................. 87
10.17 Testing and Sampling of New and Existing Equipment ................................ 88
10.18 Analysis Fees ................................................................................................... 91

10.19 Submission of Informa tion .............................................................................. 91

10.20 Public Records and Fa ir Information Practi ces ............................................. 91

10.21 Prevention of Air Pollu tion Emergency Episodes ......................................... 92

10.22 Enfor cement ................................................................................................... 100

10.23 Sea ling ............................................................................................................ 101

10.24 Pena lty ............................................................................................................ 102

10.25 Jurisd iction ..................................................................................................... 103
10.26 Repeal er .......................................................................................................... 103 10.27 Severability Clause ........................................................................................ 103

10.28 When Effective ................................................................................................ 104Page 1 of 104 Linn County Ordinance # 8-8-2012 LINN COUNTY ORDINANCE DATE 8-8-2012
PROVIDING FOR AIR QUALITY

BE IT ENACTED by the Board of Supervisors, Li nn County, Iowa, that Linn County

Ordinance # 8-8-2012 as codified in Linn Co unty Code of Ordinance Chapter 10 is hereby rescinded and in its place is enact ed Linn County Ordinance # 8-8-2012 as set

out in full herein.

10.1 Purpose and Ambient Air Quality Standards

It is the public policy of t he 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 ani mal life and property, foster the comfort and convenience of the people, pr omote social development of Linn County, foster economic development, and facilitate the enjoym ent of the natural a ttractions 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 syst em of general rules or specific permits.

The Linn County ambient air quality standar ds shall be the National Primary and Secondary Ambient Air Q uality 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 Register 46258 (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 (Nov ember 12, 2008), and 75 Federal Register 6474-6537 (February 9, 2010), as adopted by reference by the DNR at 567 IAC 28.1. However, pursuant to the provision of 567 IAC 28.1, the annual PM 10 standard specified in 40 CFR 50.6(b) shall continue to be applied for purposes of implementation of new source permitting provisions in LCCO 10.5. Linn Co unty 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.

All references to 567 IAC Chapter 20 are amended through November 11, 2009. All references to 567 IAC Chapter 21 are amended through October 15, 2008. All references to 567 IAC Chapter 22 are amended through November 16, 2011. All references to 567 IAC Chapter 23 are amended through November 24, 2010. All references to 567 IAC Chapter 25 are amended through November 11, 2009. All references to 567 IAC Chapter 28 are amended through November 24, 2010. All references to 567 IAC Chapter 29 are amended through May 13, 1998. All references to 567 IAC Chapter 33 are amended through November 16, 2011. All references to 567 IAC Chapter 34 are amended through November 11, 2009.Page 2 of 104 Linn County Ordinance # 8-8-2012 10.2 Definitions

For use in this ordinance, certain terms and words used herein shall be interpreted or

defined as follows:

"Act" means the Clean Air Act, 42 U.S.C Section 7401, et seq.

"Administrator" means, the Administrator of the United States Envi ronmental Protection Agency or the Administrator's designee.

"Affected facility" means, with reference to a stationary source, any apparatus to which a standard is applicable.

"Air contaminant" means dust, fume, mist, smok e, other particulate matter, gas, vapor (except water vapor), radioactive substanc e, odorous substances or any combination thereof.

"Air contaminant source" means any and all sources of emission of air contaminants whether privately or publicly ow ned or operated. Air contami nant source includes, but is not limited to, all types of businesses, comme rcial and industrial plants, works, shops, and stores, heating and power pl ants and stations, buildings and other structures of all types including single and multiple fam ily residences, office buildings, hotels, restaurants, schools, hospitals, churches and other institutional bu ildings, automobiles, trucks, tractors, buses, aircraft, and other motor vehicles, garages, vending and service locations and stations, railroad locomotives, ships, boats, and other water-borne craft, portable fuel-burning equipment , indoor and outdoor incinerators of all types, refuse dumps and piles, and all stacks and other chim ney outlets from any of the foregoing.

"Air pollution" means the presence in t he outdoor atmosphere of one or more air contaminants in sufficient quantities and of su ch characteristics and duration as is or may reasonably tend to be injurious to human, pl ant, or animal life, or to property, or which unreasonably interferes with the enjoyment of life and property.

"Air pollution alert" means the level of an air pollution episode known as an air pollution

alert is that condition when the concentration of air contaminants reach the level at which the first stage control actions are to begin.

"Air pollution control equipment" means any equipment that has the function to prevent the formation of, or to contro l the emission to the atmospher e of, air contaminants from any fuel-burning equipment, inci nerator, or process equipment.

"Air pollution control officer" means the Ai r Pollution Control Officer of Linn County Public Health or an authorized representative.

"Air pollution emergency" means the condition when the air quality is continuing to degrade to a level that should never be reac hed, and that the most stringent control actions are necessary.Page 3 of 104 Linn County Ordinance # 8-8-2012 "Air pollution episode" means a combination of forecasted or actual meteorological

conditions and emissions of air contaminants wh ich may or do present an imminent and substantial endangerment to t he health of persons during which the chief meteorological

factors are the absence of wi nds that disperse air cont aminants horizontally and a stable atmospheric layer which tends to i nhibit vertical mixing through relatively deep layers.

"Air pollution forecast" means an air stagnati on advisory issued to the Department by an

authorized office of the U.S. Environmental Protection Agency or Iowa Department of

Natural Resources that meteor ological conditions conducive to an air pollution episode may be imminent. This advisory may be follo wed by a prediction of the duration and termination of such meteorological conditions.

"Air pollution warning" means the condition when the air qua lity is continuing to degrade from the levels classified as an air polluti on alert, and when control actions in addition to those conducted under an air pollution alert are necessary.

"Air quality standard" means an allowable leve l of air contaminant or atmospheric air concentration established by the Commission.

"Alter" means to change, make different, modify, va ry, construct or reconstruct, diverge or depart from original plan.

"Ambient air" means that portion of the atmo sphere, external to buildings, to which the general public has access. Ambient air does not include the atmosphere over land owned or controlled by the source and to whic h public access is precluded by a fence or other physical barriers.

"Anaerobic lagoon" means an impoundment, the pr imary function of which is to store and stabilize organic wastes. The impoundment is designed to receive wastes on a regular basis and the design waste loading rates are such that the predominant biological activity in the impoundment will be anaerobic. An anaerobic lagoon does not

include:

a. A runoff control basin which collects and stores only precipitation induced runoff from an open feedlot feeding operation; or b. A waste slurry storage bas in which receives waste di scharges from confinement feeding operations and whic h is designed for complete removal of accumulated

wastes from the basin at least semiannually; or c. Any anaerobic treatment system which in cludes collection and treatment facilities for all off gases.

"ASME" means the American Soci ety of Mechanical Engineers.

"ASTM" means the American Society for Testing and Materials.

"Atmosphere" means all space outside of buildings, stacks or exterior ducts.Page 4 of 104 Linn County Ordinance # 8-8-2012 "Attainment area" means any area of the country designated or redesignated by the EPA at 40 CFR Part 81 in accordance with section 107(d) as having attained the relevant NAAQS for a given criteria polluta nt. An area can be an attainment area for some pollutants and a nonattainment area for other pollutants.

"Authorization to install" means the authority which has been granted by the Air

Pollution Control Officer to authorize an air contaminant source to construct and/or

install new installations or c ontrol equipment, or alter, modify or delete existing control equipment.

"Auxiliary fuel firing equipment" means equ ipment to supply additional heat, by the combustion of an auxiliary fuel, for the purpos e of attaining temperatures sufficient to dry and ignite the waste materi al, to maintain ignition ther eof, and to promote complete

combustion of combustibl e gases, solids and vapors.

"Backyard burning" means the disposal of residential waste by open burning on the premises of the property w here such waste is generated.

"Biodiesel fuel" means a renewable, biodegradabl e, 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 (AST M) D 6751-02, "Standard Specification for Biodiesel Fuel (B100) Blend Stock for Distillate Fuels," and be registered with the U.S. Enviro nmental 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.

"Biomass" means 1 : 1. Any organic material grown for the purpose of being converted to energy; 2. Any organic byproduct of agriculture t hat can be converted into energy; or 3. Any material that can be converted into energy and is nonmerchantable for other purposes, that is s egregated from other nonmer chantable material, and that is; a. A forest-related organic res ource, including mill residues, precommercial thinnings, slash, brus h, or byproduct from conversion of

trees to merchantabl e material; or b. A wood material, including pallets , crates, dunnage, manufacturing and construction materials (other than pr essure-treated, chemically-treated, or painted wood products), and l andscape or right-of-way tree trimmings.

Source:

1 40 CFR Part 60 Subpart B Adoption and Submittal of State Plans for Designated Facilities

"Board of Health" means the Linn County Pub lic Health Department’s Board of Health.

"Btu" means British thermal unit, the quantity of heat requir ed to raise the temperature of one pound of water from 59°F to 60°F.Page 5 of 104 Linn County Ordinance # 8-8-2012 "Carbonaceous fuel" means any form of combus tible matter (whether solid, liquid, vapor or gas) consisting primarily of carbon-contai ning compounds in either fixed or volatile form, and which is burned prim arily for its heat content.

"CFR" means the Code of Federal Regulations.

"Circumvention" means evasion by the installation of any dev ice or contrivance, or the concealment or the misrepres entation of facts about cont aminant emissions for the purpose of misdirecting or evading proper inst allations or use of air pollution control devices or application of this Ordinance.

"Combustion for Indirect Heating" means the co mbustion of fuel to produce usable heat that is to be transferred through a heat-conducti ng materials barrier or by a heat storage

medium to a material to be heated so that the material bei ng heated is not contacted by, and adds no substance to, the products of combustion.

"Commenced" means that an owner or oper ator has undertaken a continuous program

of construction or modification or that an owner or operator has entered into a contractual obligation to undertake and complete, within a reasonable time, a continuous program of cons truction or modification.

"Commission" means the Environmental Protection Commission of the Iowa Department of Natural Resources.

"Construction" means fabrication, erection, or installation of an affected facility.

"Control equipment" means any equipment t hat has the function to prevent the formation of, or the emission to, the atmosphere of air c ontaminants from any fuel burning, incinerator or process equipment.

"Country grain elevator" shall have the same definition as "country grain elevator" set forth in 567 IAC 22.10(1).

"Criteria" means information used as guideli nes for decisions when establishing air quality goals, air quality standar ds and the various air quality levels, and which in no case is to be confused or used interchangea bly with air quality goals or standards.

"Department" means the Air Quality Divis ion of Linn County Public Health.

"Diesel fuel" means a low sulfur oil that complies with the spec ifications for grade 1-D or 2-D, as defined by the American Society of Testing and Mate rials (ASTM) D 975-02, "Standard Specification for Diesel Fuel Oils," grade 1-GT or 2-GT, as defined by ASTM D 2880-00, "Standard Specificatio n for Gas Turbine Fuel Oils ," or grade 1 or 2, as defined by ASTM D 396-02, "Standard S pecification for Fuel Oils." 1. For purposes of the air quality rules c ontained 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.Page 6 of 104 Linn County Ordinance # 8-8-2012 2. The Department shall consider air po llutant emission calculations for the biodiesel fuel blends specified in number ed paragraph "1" to be equivalent to the air pollutant emissions calcul ations for unblended diesel fuel. 3. Construction permits issued under LCCO §10.5 or Title V operating permits issued under 567 IAC Chapter 22 which restri ct equipment fuel use to diesel fuel shall be considered by the Department to include biodiesel fuel blends specified in numbered paragraph "1," unless otherwis e specified in LCCO §10.5 or in a permit issued under LCCO §10.5 or 567 IAC Chapter 22.

"Director" means the Directo r of the Iowa Department of Natural Resources or the Director's designee.

"DNR" means the Iowa Department of Natural Resources.

"Electric furnace" means a furnace in whic h the melting and refining of metals are accomplished by means of electrical energy.

"Emergency generator" means any generator of which the sole function is to provide emergency backup power during an interruption of electrical power from the electric utility. An emergency gener ator does not include: 1. Peaking units at el ectric utilities; or

2. Generators at industrial fa cilities that typically operate at low rates, but are not confined to emergency purposes; or 3. Any standby generators t hat are used during time periods when power is available from the electric utility. An emergency is an unforeseeable condition t hat is beyond the contro l of the owner or operator.

"Emission" means a release of one or mo re air contaminants into the outside atmosphere.

"Emission limitation and emission standard" means a requirement established by a local government, State government or the Administrator of the Environmental Protection Agency which limits the quantity, rate or concentration of emissions of air pollutants on a continuous basis, including any requirements which limit the level of opacity, prescribe equipment, set fuel specificati ons, or prescribe operation or maintenance procedures for

a source to assure cont inuous emission reduction.

"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 m eant to alter or affe ct the definition of the term "unit" for purposes of Title IV of the Ac t or any related regulations.

"EPA conditional method" means any method of sampling and analyzing for air pollutants that has been validated by the administrator but t hat has not been published

as an EPA reference method.Page 7 of 104 Linn County Ordinance # 8-8-2012 "EPA reference method" means any method of sampling and analyzing for an air pollutant as described in 40 CFR 51 , Appendix M, (as amended through June 16, 1997); 40 CFR 52, Appendices D (as ame nded through February 6, 1975) and E (as amended through February 6, 1975); 40 CFR 60, Appendices A (as amended through September 28, 2007, B (as amended th rough January 12, 2004), C (as amended through December 16, 1975), and F (as am ended through January 12, 2004); 40 CFR 61, Appendix B (as amended through October 17, 2000); 40 CFR 63, Appendix A (as amended through October 17, 2000); and 40 CFR 75, Appendices A (as amended through January 24, 2008), B (as amended th rough January 24, 2008), F (as amended through January 24, 2008, and corrected on February 13, 2008) and K (as amended through January 24, 2008) as amended in 567 IAC 22.100.

"Equipment" means equipment capable of em itting air contaminants to produce air pollution such as fuel burning, combustion or process devices or apparatus including but not limited to fuel-burning equipment, re fuse 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 co mbustion, and manufacturing, chemical, metallurgical or mechanical apparatus or process devices which may emit smoke, particulate matter or other air contaminants.

"Excess air" means that amount of air suppl ied in addition to the theoretical quantity necessary for complete combustion of all f uel or combustible waste material present.

"Excess emission" means any emission which exceeds either the applicable emission standard prescribed in §10.9 or §10.14, or any emission limit specified in a permit or

order.

"Existing equipment" means equip ment, machines, devices or installations that are in operation prior to September 23, 1970.

"Federally enforceable" means all limitations and conditions which are enforceable by the Administrator including, but not limited to, the require ments of the New Source

Performance Standards and National Emission Standards for Hazardous Air Pollutants contained in 567 IAC 23.1(2) and 23.1(3); the r equirements of such other state rules or orders approved by the Administrator for incl usion in the State Implementation Plan; and any construction, Title V or other federally approved operating permit conditions.

"Flue" means any duct or passage for air, gases or particulate matter.

"Foundry cupola" means a stack-type furnace us ed for melting of metals consisting of, but not limited to, the furnace proper, tuyeres, fans or blow ers, tapping spout, charging equipment, gas cleaning devices and other auxiliaries.

"Fuel burning equipment" means equipment , device or contrivance and all appurtenances thereto, including ducts, br eechings, control equi pment, fuel-feeding equipment, ash removal equipment, combustion c ontrols, stacks, chimneys, etc., used principally but not exclusivel y to burn any fuel for the purpose of indirect heating inPage 8 of 104 Linn County Ordinance # 8-8-2012 which the material being heated is not cont acted by and adds no substances to the products of combustion.

"Fugitive dust" means any airborne solid pa rticulate matter emitted from any source

other than flue or stack and wh ich could not reasonably be pa ssed through a stack, flue or other functionally equivalent opening.

"Garbage" means all solid and semi-solid putrescible and nonputrescible animal and vegetable wastes resulting from the handling, preparing, cooki ng, storing, and serving of food, or of material intended for use as food, but excluding recognized industrial byproducts.

"Gas cleaning device" means a facility designed to remove air contaminants from gases exhausted from equipment as defined herein.

"Greenhouse gases (GHG)" means the air pollutant defined in 40 CFR §86.1818-12(a) (as amended on May 7, 2010) as the aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrof luorocarbons, perfluorocarbons, and sulfur

hexafluoride. GHGs emitt ed shall be computed as follows: Multiplying the mass amount of emissions (tpy), fo r each of the six greenhouse gas es in the pollutant GHGs, by the gas’s associated global warming potent ial published at 40 CFR Part 98, Subpart A, Table A-1, "Global Warming Potentials ," (as amended on October 30), and sum the resultant value from paragraph "a" for each gas to compute a tpy CO 2 .e

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

"Ground level" means that area between the existing grade and a point 8 feet there

above.

"Hazardous Air Pollutant" means any air pollut ant listed in or pursuant to section 112(b)

of the Act.

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

measured in Btu on an as received basis. Fo r solid fuels, the heating value shall be determined by use of ASTM Standard D2015-66.

"Household rubbish" means waste material and trash, not to in clude garbage, petroleum or asphalt-based products, normally accumula ted by a family at a residence in the course of ordinary day-to-day living.

"IAC" means Iowa Administrative Code.

"Incinerator" means a combus tion apparatus designed for hi gh temperature operation in which solid, semi-solid, liquid, or gaseous co mbustible refuse is ignited and burned efficiently, and from which the solid residues contain little or no combustible material.

"Initiation of construction, installation or alteration" means significant permanent modification of a site to install equipmen t, control equipment or permanent structures.Page 9 of 104 Linn County Ordinance # 8-8-2012 Not included are activities incident to pre liminary engineering, envi ronmental studies, or acquisition of a site for a facility.

"Landscape waste" means any vegetable or pl ant wastes except garbage. The term includes trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery and yard trimmings.

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

"Major modification" means any physical change in or changes in the method of operation of a major stationary source that w ould result in a significant net emissions increase of any regulated NSR pollutant and a significant net emissions increase of that pollutant from the major stationary source.

1. Any significant emissions increase from any emissions units or net emissions increase at a major stationary source that is considered significant for volatile organic compounds or NO
x shall be considered significant for ozone.

2. A physical change, or change in the met hod of operation, shall not include:

a. Routine maintenance, repair, and replacement;

b. Use of an alternative fuel or raw ma terial by reason of an order under §§2(a) and (b) of the Energy Supply and Envir onmental Coordination Act of 1974 (or any superseding legislation), or by reason of a natural gas curtailment plan in effect pursuant to the Federal Power Act;

c. Use of an alternative fuel by reas on of an order or ru le under §125 of the Clean Air Act;

d. Any change in ownership at a stationary source; or

e. Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste;

f. Use of an alternative fuel or raw ma terial by a stationary source which the source was capable of accommodati ng before December 21, 1976, unless such change would be prohibited by any enforceable permit condition;

g. An increase in the hours of operation or in the production rate, unless such change is prohibited under any permit condition enforceable by the Administrator;

h. Reserved.

i. The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provi ded that the project complies with the requirements within the SIP; and other requirements necessary to attain andPage 10 of 104 Linn County Ordinance # 8-8-2012 maintain the national ambient air quality standards during the project and after the project is terminated;

j. The installation or operation of a permanent clean coal technology demonstration project that constitutes repowering, provided that the project

does not result in an increase in t he potential to emit of any regulated pollutant emitted by the unit. This exemption shall apply on a pollutant-bypollutant basis;

k. The reactivation of a very clean coal-f ired electric utility st eam generating unit.

3. This definition shall not apply with res pect to a particular regulated NSR pollutant when the major stationary source is comp lying with the requirements under rule 567 IAC 33.9 for a PAL for that pollutant. In stead, the definition under rule 567 IAC 33.9 shall apply.

"Major stationary source" means: 1. (a) Any one of the following stationary sources of air po llutants which emits, or has the potential to emit, 100 tons per year or more of an y regulated NSR pollutant: • Fossil fuel–fired steam electric plants of more than 250 million British thermal units per hour heat input; • Coal cleaning plants ( with thermal dryers); • Kraft pulp mills; • Portland cement plants; • Primary zinc smelters; • Iron and steel mill plants; • Primary aluminum or e 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 natural fermentation included in NAICS code 325193 or 312140); • Fossil–fuel boilers (or combinations ther eof) 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; andPage 11 of 104 Linn County Ordinance # 8-8-2012 • 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 majo r stationary source if the change would constitute a major stationary source by itself. 2. A major source that is major fo r volatile organic compounds or NO
x shall be considered major for ozone. 3. The fugitive emissions of a stationary source shall not be in cluded 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 st ationary sources listed in paragraph "1"(a) of this definition or to any ot her stationary source category wh ich, as of August 7, 1980, is being regulated under Sect ion 111 or 112 of the Act.

"Malfunction" means any sudden and unavoidable failure of control equipment or of a process to operate in a normal manner. Any failu re that is caused entirely or in part by poor maintenance, careless operation, la ck of an adequate maintenance program, or any other preventable upset c ondition or preventable equipm ent breakdown shall not be

considered a malfunction.

"Maximum achievable control technolog y (MACT)" means the following regarding regulated hazardous air pollutant sources:

1. For existing sources, the emissions limitation reflecting the maximum degree of

reduction in emissions that t he Administrator or Director, taking into consideration the cost of achieving such emission reduc tion, and any non-air quality health and environmental impacts and energy requirements, determines is achievable by sources in the category of stationary sources, that shall not be less stringent than the MACT

floor.

2. For new sources, the emission limitat ion which is not less stringent than the emission limitation achieved in practice by the best-controlled similar source, and which reflects the maximum degree of reduction in emissions that the Administrator or Director, taking into consideration the cost of achieving such emission reduction, and any non-air quality health and environmental impacts and energy requirements, determines is achievable by the affected source.

"Maximum achievable control technology (MACT) floor" means the following:

1. For existing sources the average emission limitation achieved by the best performing 12 percent of the ex isting sources in the Unites States (for which the

Administrator or Director has emissions information), excluding those sources that have, within 18 months befor e the emission standard is pr oposed or within 30 months before such standard is promulgated, whicheve r is later, first achieved a level of emission rate or emission reduction which comp lies, or would comply if the source is not subject to such standard, with the lowest achievable emission rate applicable to the source category and prevai ling at the time, for cat egories and subcategories ofPage 12 of 104 Linn County Ordinance # 8-8-2012 stationary sources with 30 or more sources in the category or subcategory, or the average emission limitation achieved by the bes t performing five sources in the United States (for which the administrator or Director has or could reasonably obtain emissions information), for category or s ubcategory of stationar y sources with fewer

than 30 sources in the ca tegory or subcategory.

2. For new sources the emission limitati on achieved in practice by the bestcontrolled similar source.

"Modification" means any physical change in, or change in the method of operation of, an existing facility which increas es the amount of any air pol lutant (to which a standard applies) emitted into the atmosp here by that facility or whic h results in the emission of any air pollutant (to which a standard applie s) into the atmosphere not previously

emitted.

"National Ambient Air Q uality Standards (NAAQS)" ar e the standards established pursuant to Section 109 of the Clean Ai r Act that apply for ambient air.

"National Emission Standards for Hazardous Air Pollutants (NESHAP)" are emission standards established pursuant to Se ction 112 of the Clean Air Act.

"New equipment" means except for any equi pment or modified equipment to which §10.9(2) applies, any equipment or contro l equipment not under construction or for which components have not been purchased on or before September 23, 1970, and any equipment which is altered or modified afte r such date, which may cause the emission

of air contaminants or elimin ate, reduce or control the em ission of air contaminants.

"New facility" means manufacturing, production, or processing of any kind, starting for

the first time at a different or new location or the restarting of existing facilities which have been non-operational for two calendar years or more.

"New Source Performance Standards (N SPS)" are performance standards established pursuant to Section 111 of the Clean Air Act.

"Nonattainment area" means any area of the country desi gnated by the EPA at 40 CFR part 81 in accordance with sectio n 107(d) of the Act as nona ttainment for one or more criteria pollutants. An area could be a "nonattainment area" for some pollutants and an attainment area for other pollutants.

"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 f uel oil number 2, as defined by the American Society of Test ing and Materials (ASTM) D 396-02, "Standard Specification for Fuel Oils."

1. For purposes of the air quality rules c ontained in Chapter 10 of the Linn County Code of Ordinances and unless otherwise specif ied, 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.Page 13 of 104 Linn County Ordinance # 8-8-2012 2. The Department shall consider air pollut ant emission calculations for the biodiesel fuel blends specified in num bered paragraph "1" to be equivalent to the air pollutant

emission calculations for unbl ended number 1 fuel oil or unbl ended number 2 fuel oil.

3. Construction permits issued under §10.5 or Title V operating permit issued under 567 IAC Chapter 22, which rest rict equipment fuel use to number 1 fuel oil or number 2 fuel oil shall be considered by the Depar tment to include the biodiesel fuel blends specified in numbered paragraph "1," unless ot herwise specified in LCCO §10.5 or in a permit issued under LCCO 10.5 or 567 IAC Chapter 22.

"Objectionable odor" means an odor that is believed to be objectionable by 30 percent or more of a random sample of the people exposed to such odor, with the sample size of at least 30 people, or 75 percent of those expos ed if fewer than 30 people are

affected.

"Objective" means a certain specified degree , quality or characteristic expected to be

attained.

"Odor" means that which produces response of the human sense of smell to an odorous

substance.

"Odorous substance" means a gaseous, liquid, or solid material that elicits a psychological response by the human sense of smell.

"Odorous substance source" means any equipm ent, installation operation, or material which emits odorous substances; such as, but not limited to, a stack, chimney, vent, window, opening, basin, lagoon, pond, open tank , storage pile, or inorganic or organic discharges.

"One-hour period" means any 60-minut e period commencing on the hour.

"Opacity" means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background.

"Open burning" means any burning of combusti ble materials from which the products of combustion are emitted into the open air wit hout passing through a stack or chimney.

"Particulate matter" means any material, except uncombined water, that exists in a finely divided form as a liquid or solid at standard conditions.

"Parts per million (ppm)" means a term which expresses the volumetric concentration of

one material in one million unit vo lumes of a carrier material.

"Permit conditions" means operational limits, restrictions, or other guides which have been set by the Air Pollution Control Offi cer, which govern the operation and/or emissions of a particular pe rmitted air pollution source.Page 14 of 104 Linn County Ordinance # 8-8-2012 "Permit to Operate" means the authority has been granted by the Air Pollution Control Officer for an air contaminant source to operat e new installations or control equipment or to operate altered or m odified existing equipment.

"Person" means any individual, firm, corpor ation, organization, par tnership, business, trust, public or private corporation, com pany, trustee, syndicate, club, institution, agency, or any federal, state or local governmental agen cy or instrumentality or other entity recognized by law as the subject of rights and duties. The masculine, feminine, singular, or plural is included in any circumstance.

"Petitioned signed complaint" means a comp laint by not less than 20 signatures of persons directly aggrieved by the condition causing the complaint when submitted to the

Air Pollution Cont rol Officer.

"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.

"PM 10 " means particulate matter within an aerody namic diameter less than or equal to a nominal ten micrometers as measured by EPA reference methods in 40 CFR Part 50, or alternate methods approved under 40 CF R Part 53 as amended in 567 IAC 20.2.

"PM 2.5 " means particulate matter within an aerody namic diameter less than or equal to a nominal 2.5 micrometers as measured by EPA reference methods in 40 CFR Part 50, or alternate methods approved under 40 CFR Part 53.

"Potential to emit" means the maximum capa city of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of t he source to emit a pollutan t, including air pollution control equipment and restrictions on ho urs of operation or on the ty pe or amount of material combusted, stored, or process ed, shall be treated as part of it s 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 gr ain elevators, the provisions set forth in 567 IAC 22.10(2), shall apply. For purposes of calculating potential to emit for emergency generators, "maximum capacity" means one of the following: 1) 500 hours of operation annually, if the generator has actua lly been operated less than 500 hours per year for the past five years. 2) 8760 hours of operation annually, if t he generator has ac tually been operated

more than 500 hours in one of the past five years; or 3) The number of hours specified in a state or federally enforceable limit. If the source is subject to new source cons truction permit review, then potential to emit

is defined as stated above or as estab lished in a federally enforceable permit.

"Prevention of Significant Deterioration (PSD)" means a permit program for new and modified sources issued by the Direc tor pursuant to 567 IAC Chapter 33.Page 15 of 104 Linn County Ordinance # 8-8-2012 "Privileged communication" means information other than air pollutant emissions data

the release of which would tend to affect adv ersely the competitive position of the owner or operator of the equipment.

"Process" means any action, operator or treatment, and all methods and forms of manufacturing or processing that emit smok e, particulate matter, gaseous matter or

other air contaminant.

"Process weight" means the total gross weight of all materials t hat are capable of causing any discharge into t he atmosphere, introduced into a specific process, including liquids in any form, but excluding air and fr ee water in any form.

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

1. For continuous or long-run steady-state pr ocess, the total proc ess weight for the entire period of continuous oper ation or for a typical portion thereof, divided by the number of hours of each per iod or portion thereof.

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

"Public Health Department" means the Direc tor or administrativ e staff of the Linn County Public Health Department.

"Refuse" means garbage, rubbish and all ot her putrescible and nonputrescible wastes, except sewage and water-carried trade wastes.

"Refuse burning equipment" means any equipment and all appurtenances thereto including incinerator, device or contrivance used for the destruction of garbage, rubbish and/or other wastes by burning.

"Regulated NSR pollutant " means the following:

(i) Any pollutant for which a nati onal ambient air quality standard has been promulgated and any constituents or precurso rs for such pollutants identified by the Administrator (e.g., volatile organic compounds and NO X are precursors for ozone);

(ii) Any pollutant that is subject to any standard promulgated under section 111 of the Act;

(iii) Any Class I or II substance subj ect to a standard promulgated under or established by title VI of the Act; orPage 16 of 104 Linn County Ordinance # 8-8-2012 (iv) Any pollutant that otherwise is subject to regulation under the Act; except that any or all hazardous air pollutants ei ther listed in section 112 of the Act or added to the list pursuant to section 112(b)(2) of the Act, which have not been delisted pursuant to section 112(b)(3) of the Ac t, 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 IAC 33.3(1), definition of "subject to regulation."

(v) Notwithstanding paragraphs "i" through iv," the definition of "regulated NSR pollutant" shall not include any or all hazardous air pollutants that are either listed in

Section 112 of the Act or added to the list pursuant to Section 112(b)(2) of the Act and that have not been delisted pursuant to Sect ion 112(b)(3) of the Act, unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a general pollutant listed under Sect ion 108 of the Act.

"Residential waste" means any refuse gene rated on the premises as a result of

residential activities. The term includes la ndscape waste grown on the premises or deposited thereon by the elements, but exclu des garbage, tires, trade wastes, and any locally recyclable goods or plastics.

"Responsible Official" means one of the following:

1. For a corporation: a president, secret ary, vice-president or treasurer of the corporation in charge of a principal bus iness 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 manufac turing production or operating facilities applying for or subject to a permit and eit her: 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 proprietorshi p: a general partner or the proprietor respectively.

3. For a municipality, state, federal, or other public age ncy: either a principal executive officer or ranking elected offici al. 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 prin cipal geographic unit of the agency (eg. A regional Administrator of the EPA).

4. For Title IV affected facilities: the designated representative insofar as actions, standards, requirements or prohi bitions under Title IV of t he Act or the regulations promulgated thereunder are c oncerned; and the designated representative for any other purposes under this chapter or the Act.

"Rubbish" means all waste mate rials of nonputrescible nature.Page 17 of 104 Linn County Ordinance # 8-8-2012 "Salvage operations" means any business, industry or trade engage d 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.

"Sampling facilities" means access st ructure and adequate sta ck ports or openings,

from which air contaminant samples can be taken.

"Seal for sealing equipment or premises" means a device installed by the Air Pollution Control Officer so as to prevent use of the process, fuel-burning, refuse-burning or control equipment or prem ises being used in violation of this Ordinance.

"Shutdown" means the cessation of operati on of an affected facility for any purpose.

"Significant" means in reference to a net em issions increase or the potential of a source to emit any of the following po llutants, at a rate of emissi ons 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

PM 10 : 15 tpy

PM 2.5 : 10 tpy

Ozone: 40 tpy of volatile organic compounds or NO

x Lead: 0.6 tpy Fluorides: 3 tpy Sulfuric acid mist: 7 tpy Hydrogen sulfide (H 2 S): 10 tpy Total reduced sulfur (including H 2 S): 10 tpy Reduced sulfur compounds (including H 2 S): 10 tpy Municipal waste combustor organics (m easured as total tetra- through octachlorinated dibenzo-p-dioxins and dibenzofurans): 3.2 x 10 -6 megagrams per year (3.5

x 10 -6 tpy) Municipal waste combustor metals (measur ed as particulate matter): 14 megagrams per year (15 tons per year) Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen chloride): 36 megagrams per ye ar (40 tons per year) Municipal solid waste landfill em issions (measured as nonmethane organic compounds): 45 megagrams per y ear (50 tons per year)

"Six-minute period" means any one of t he ten equal parts of a one-hour period.

"Smoke" means gas-borne particulates resu lting from incomplete combustion, consisting predominantly, but no t exclusively, of carbon, and other combustible material, or ash, that form a visible plume in the air.Page 18 of 104 Linn County Ordinance # 8-8-2012 "Smoke monitor" means a device using a light source and a light detector which can automatically measure and record the light- obscuring power of smoke at a specific

location in the flue or stack of a source.

"Source operation" means the last operat ion preceding the emission of an air contaminant, and which results in the separ ation of the air c ontaminant from the process materials or in the conversion of th e process materials into air contaminants, but is not an air pollution control operation.

"Stack, chimney or vent" means any flue, vent, conduit or duct arranged to conduct an air contaminant to the atmosphere.

"Standard conditions" means a gas temperat ure of 70 degrees Fahrenheit and a gas pressure of 29.92 inches of mercury absolute.

"Standard cubic foot (SCF)" means the volu me of one cubic foot of gas at standard

conditions.

"Standard metropolitan statistical area (SMS A)" means an area that has at least one city with a population of at least 50,000 and such surro unding areas as geographically defined by the U.S. Bureau of the Budget (Department of Commerce).

"Startup" means the setting into operati on of any control equipment or process equipment or processes for any purpose.

"State Implementation Plan (SIP)" means th e plan adopted by the State of Iowa and approved by the Administrator which provid es for implementation, maintenance, and enforcement of such prim ary and secondary ambient air quality standards as are adopted by the Administrator, pursuant to the Act.

"Stationary source" means any building, structur e, facility or installa tion which emits or may emit any air pollutant.

"Subject to regulation" For purposes of th is chapter, the definit ion of "subject to regulation" shall be adopted by reference as defined in Io wa Administrative Code 567- 22.100 (455B).

"Theoretical air" means the ex act amount of air required to supply the required oxygen for complete combustion of a given quant ity of a specific fuel or waste.

"Title V" means Title V of the Clean Air Ac t, 42 U.S.C. Sections 7401, et seq., and all rules promulgated thereunder.

"Total suspended particulate" means parti culate matter as measured by an EPAapproved reference method.Page 19 of 104 Linn County Ordinance # 8-8-2012 "Trade waste" means any refuse resulting fr om the prosecution of any trade, business, industry, commercial venture (including fa rming and ranching), or utility or service activity, and any governmental or instituti onal activity, whether or not for profit.

"12-month rolling period" m eans a period of 12 consecutive months determined on a rolling basis with a new 12-month period begi nning on the first day of each calendar

month.

"Untreated" as it refers to wood or wood pr oducts includes only wood or wood products

that have not been treated wit h compounds such as, but not limited to, paint, pigmentstain, adhesive, varnish, lacquer, or resin or that have not been pr essure treated with compounds such as, but not limited to, chro mate copper, acetate, pentachlorophenol or

creosote. "Untreated" as it refers to s eeds, pellets or other vegetative matter that includes only wood or wood products t hat have not been treated with pesticides or fungicides.

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

"Variance" means a temporary waiver from rules, ordin ances, or standards granted by the Air Pollution Control Officer for a specif ied period of time governing the quality, nature, duration, or extent of emissions.

"Volatile organic compound" or "VOC" means any compound included in the definition of volatile organic compounds found at 40 CFR Section 51.100(s) as amended through January 21, 2009.

10.3 Air Quality Division

There is hereby created an air quality divi sion of the Linn County Public Health Department. An Air Pollution Control Office r shall be appointed by the Board of Health and shall perform duties under the supervision of the Director of the Linn County Public Health Department.

10.4 Title V and Voluntary Permits

1. Title V Permits. Except as hereafter modified, the Title V Permit regulations or rules as adopted by the Iowa Depar tment of Natural Resources and promulgated as 567 IAC Chapter 22, are hereby specifically incorpor ated by reference and adopted as a part of

this ordinance.

2. Voluntary Operating Permits . Except as hereafter modi fied the Voluntary Operating Permit regulations or rules as promul gated as 567 IAC Chapter 22, are hereby specifically incorporated by reference and adopted as a part of this ordinance.

10.5 Locally Required PermitsPage 20 of 104 Linn County Ordinance # 8-8-2012 1. Application for Permits. Every applicati on for authorization to install or a permit to operate required under §10.5(2) and §10.5(3) shall be filed in the manner and form prescribed by the Air Po llution Control Officer.

2. Permits for Authorization to Install. Unless exempted in §10.5(9) any person building, erecting, altering or replacing any article, machine, equipment, or other contrivance, the use of which may cause the creation of or em ission of air contaminants shall first obtain a permit for authorization to install for such installations from the Air Pollution Control Officer. A permit for authorization to insta ll for new 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 obtai ned before any on-site construction takes place.

The Air Pollution Control Officer must be notif ied of any modification or change made from the original plans.

Before an Authorization To Install is gr anted, the Air Pollution Control Officer may require the applicant to submit the design of sampling ports or continuous monitoring equipment as necessary for testing purposes in order to secure information that will disclose the nature, extent, quality or degree of air contaminants to be discharged into the atmosphere from the article, machine, equipment or other contrivance described in the application. The Air Pollution Control Office r shall notify the applicant in writing of the required size, number, and location of sa mpling holes; the si ze and location of sampling platform; the access to the sampling platform; and t he utilities for operating the sampling and testing equipment. The platform and access shall be constructed in accordance with good engineering practice.

a. Permit Form

Any person building, erecting, altering or repl acing any article, machine, equipment, or other contrivance, the use of which may cause the creation of or emission of air contaminants shall make application for a permit for authorization of such installation or alteration. Said application shall c ontain the following basic information and any additional information pertinent to the individual case:

1) Name, address, and location of firm.

2) Whether installation is new or an alteration of an existing device.

3) Identification of t he emission point by number and its plant location.

4) Basic process or activity creating emission.

5) Basic principle of the control device.

6) Potential emission from source.

7) Type and quantity of the fi nal emission after control.Page 21 of 104 Linn County Ordinance # 8-8-2012 8) Estimated equipment operati on time in hours per week.

9) Engineering firm(s) responsible for design and installation.

10) Proposed installation completion date.

11) The name, address, and telephone num ber of the person submitting the application or, if such person is a l egal entity, the nam e and address of the individual authorized to accept service of process on its behalf, and this person's signature.

12) One set of block diagrams and any other relevant information requested by the Air

Pollution Control Officer.

13) Any additional information deemed nece ssary by the Department to determine compliance with or applicability of rules for Prevention of Significant Deterioration.

14) A signed statement that ens ures the applicant’s legal entitlement to install and operate equipment covered by the permit app lication on the proper ty identified in the permit application. A si gned 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, ident ified construction project.

b. Public Notice Requirements

Before an Authorization to Install is iss ued for a proposed new major stationary source or authorization is issued for a significant m odification to an existing major source as defined in §10.2 and 567 IAC Chapter 33, a notice of intent shall be published by the Department in a newspaper hav ing 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 hear ing. If the response indica tes significant interest, a public hearing may be held after due notice.

A copy of the notice announcing the opportunity for public comm ent shall be sent to the United States Environmental Protection Ag ency Regional Administ rator by the Air

Pollution Control Officer.

c. Duration of Permit

The expiration date of the Authorization To Install Permit shall be the proposed completion date plus a ninety (90) day adjustment period. If after this time a permit to operate has not been obtained to operate the ar ticle, machine, equipment, or other contrivance, the said equipment shall be shut down and not operated until such time as the Air Pollution Control Officer grants a permi t to operate the equipment. Extensions ofPage 22 of 104 Linn County Ordinance # 8-8-2012 the ninety (90) day adjustment period ma y be granted by the Air Pollution Control Officer for good cause. Expirati on of the Authorization To In stall permit does not relieve the applicant from complying with any permi t conditions which may have been a part of the original Authorization To Install permit.

d. Issuance of Permit

In no case shall an Authorizati on to Install permit that result s 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 Io wa 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 permi t condition, the Department ma y consider issuance of an Authorization to Install permit. An Author ization 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 specif ications represent equipment which reasonably can be expected to comply with all applicable emission standards,

and

2) That the expected emissions from t he proposed source or modification, in conjunction with all other emissions, will not prevent t he attainment or

maintenance of the ambient air quality standards specified in Section 10.1,

and

3) That the applicant has not relied on emission limits based on stack height that exceeds good engineering practice or any other dispersion techniques as defined in §10.9(6), and

4) That the applicant has met a ll other applicable requirements.

3. Permit to Operate. The Air Pollution Control Officer is delegated the authority to issue Permits to Operate. Before any arti cle, machine, equipment or other contrivance which when used may cause the creation or emission of air contaminants may be operated, continued in operati on, or used beyond the adjus tment period described in §10.5(2), a written permit sha ll be obtained from the Air Poll ution Control Officer. No Permit to Operate or Use shall be granted eit her by the Air Pollut ion Control Officer or the Board of Health for any article, mach ine, equipment, or contrivance described in §10.5(2) that was constructed or installed without authorization as required by §10.5(2), until the information required is presented to t he Air Pollution Control Officer. The Air Pollution Control Officer shall require the ar ticle, machine, equipment, or contrivance altered, if necessary, to conform to standar ds set forth in this ordinance, prior to granting the permit to operate.

a. Permit Form

Application for permit to operate shall be ma de on forms furnished by the Air Pollution Control Officer. The application shall in clude the name, addre ss and telephone numberPage 23 of 104 Linn County Ordinance # 8-8-2012 of the person submitting the appl ication or, if such person is a legal entity, the name and

address of the individu al authorized to accept service of process on its behalf and the name of the person in charge of the prem ises where the pertinent activities are

conducted.

b. Issuance of Permit

Permits to operate shall be issued only after the Air Pollution Control Officer has made appropriate tests and has deter mined that the control devic e is operating within the emission limits established by this Ordinance or as specified in any permit conditions and that operation of the equipm ent will not prevent the attainment or maintenance of the ambient air quality standards.

The Air Pollution Control officer may requi re special permit conditions on a case-bycase basis when the compliance status, histor y of operations, ambient air quality in the vicinity, or the type of control equip ment utilized warrants such actions.

c. Duration of Permit

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 §10.6(2).

d. Posting of Permit to Operate

A person who has been granted a Permit To O perate any article, machine, equipment,

or other contrivance descri bed in §10.5(3) shall firmly af fix an approved identification bearing the emission point numbe r upon the article, machine, equipment, stack or other contrivance in a clearly visible and accessibl e manner. In the event that the article, machine, equipment, or other contrivance is so constructed or operated that such identification can not be so pl aced, 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 emissi on point number on any articl e, machine, equipment or

other contrivance.

4. Action on Application. The Air Pollution Control Officer shall act within a reasonable period of time on an application for Authorizat ion To Install or Permit to Operate, and shall notify the applicant in writing of the approval, condi tional approval, or denial.

5. Denial of Application. In the event of denial of an application for Authorization to Install or Permit to Operate, the Air Pollution Control Officer shall notify the applicant in writing of the reasons therefor e. Service of this notific ation may be made in person or by certified mail, and such service may be pr oven by the written acknowledgment of the persons served or by affidavit of the pers on making the service. The Air Pollution Control Officer shall not accept any additi onal application unless the applicant hasPage 24 of 104 Linn County Ordinance # 8-8-2012 corrected the conditions specified by the Air Pollution Control Officer as the reasons for denial of the permit.

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

non-transferable:

a. From one location to another unless the equipment is portable. (1) ;

b. From one piece of equipment to a nother unless the equi pment is portable. (1) ;

c. From one person to another.

(1) 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 14 days prior to the transfer of the portable equipment to the new location. However, if the owner or operator is re locating the portable equipment to an area currently classified as nonattainment for ambient air quality st andards or to an area under a maintenance plan for ambient air qualit y standards, the owner or operator shall notify the department at least 30 days prior to transferri ng the portable equipment to the

new location. A list of nonattainment and ma intenance areas may be obtained from the department, upon request, or on the department’s Internet Web site. The owner or operator will be notified at least 10 days prio r to the scheduled relocation if said relocation will prevent the at tainment or maintenance of ambient air quality standards and thus require a more stringent emission standard and the insta llation of additional control equipment. In such a case a suppl emental permit shall be obtained prior to the initiation of construction, inst allation, or alteration of such additional control equipment.

7. Certifications. The Air Pollution Control Officer shall, upon request of a holder of an Authorization to Install permit, furnish ce rtification that the described equipment was acquired and/or install ed pursuant to and required by this Ordinance.

8. Provision of Sampling and Testing Facilities. A person operating or using any article, machine, equipment or other contrivance fo r which these regulations require a permit shall provide and maintain such sampling and testing facilities as specified in the Authorization to Install pe rmit or Permit to Operate.

9. Exemptions from the Authorization to Install Permit and Permit to Operate Requirements. The provisio ns of §10.5 shall not apply to the following equipment, except when Prevention of Significant Deterioration St andards (567 IAC 33.1); New Source Performance Standards (40 CFR Part 60 NSPS), (567 IAC 23. 1(2), (§10.9(2));

Emission Standards for Hazardous Air Pollu tants (40 CFR Part 61 NESHAP), (567 IAC 23.1(3), (§10.9(3)); or Emi ssion Standards for Hazardous Air Pollutants for source categories (40 CFR Part 63 NESHAP), (567 IA C 23.1(4), (§10.9(4) are applicable)).

a. Fuel-burning equipment for indirect heating and re-heating furnaces or cooling units using natural or liquefied petroleum gas exclusively, with a capacity of less than 10 million BTU per hour input per combustion unit.Page 25 of 104 Linn County Ordinance # 8-8-2012 b. Fuel-burning equipment for indirect heat ing or cooling with a capacity less than one million BTU per hour input when burning, fuel oil grade #1 and #2,. This exemption does not apply to equipment burning waste oil.

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

d. Equipment used for cultivating land, har vesting crops, or raising livestock other than anaerobic lagoons. This exemption is not applicable if the equipment is used to remove substances from grai n 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 liv estock 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.

e. Direct-fired residential heat ers, cook stoves, or fir eplaces, which burn untreated wood, untreated seeds or pellets, or other untreated vegetative materials.

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 anal yses conducted for quality assurance or quality control activities, or for th e assessment of environmental impact.

g. Recreational fireplaces.

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

i. Storage tanks with a capac ity of 19,812 gallons or le ss and an annual throughput of less than 200,000 gallons.

j. Stacks or vents to prevent escape of sewer gases through plumbing traps. Systems which include any indus trial waste are not exempt.

k. Retail gasoline and diesel fuel handling facilities. The owner or operator of a retail gasoline dispensing facility (GDF) t hat is subject to applicable national emission standards for hazardous air po llutants (NESHAP) may not use this exemption in accordance with §10.5(9) unless the monthly throughput is less than 10,000 gallons of gasoline.

The owner or operator of an existing, or prior to installing, modifying or reconstructing a GDF which has a monthly throughput ≥ 10,000 < 100,000 gallons of gasoline, must submit to the department a completed registration, on forms provided by the department, certifyi ng 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).Page 26 of 104 Linn County Ordinance # 8-8-2012 The owner or operator of an existing, or prior to installing, modifying or reconstructing a GDF whic h has a monthly throughput ≥ 100,000 gallons of gasoline, must apply for a locally required permit pursuant to §10.5.

l. A non-production surface coating proce ss that uses only hand-held aerosol spray

cans.

m. Brazing, soldering, or welding equipment or portable cutting torches used only for non-production activities.

n. Asbestos demolition a nd renovation projects s ubject to 40 CFR 61.145 as amended through July 15, 1994, as amended in 567 IAC 22.1(2)"k".

o. A stationary internal combustion engine with a brake horsepower rating of less than 400 measured at the shaft, provided th at the owner or oper ator meets all of the conditions in this paragraph. For t he 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 perfo rmance standards (NSPS) and/or national emission standards for hazardous air pollu tants (NESHAP) based on the date the engine was manufactured, ordered, modifi ed or reconstructed may not use this exemption in accordance with §10.5(9). The owner or operator, prior to installing, modifying or reconstructing the engine, must subm it to the department a completed registration, on forms provi ded by the department, certifying that the engine is in compliance with t he following federal regulations: 1. New source performance standards (NSPS) for stationary compression ignition internal combustion engine s (40 CFR 60, Subpart IIII); or 2. New source performance standards (NSPS) for stationary spark ignition internal combustion engines (40 CFR Part 60, Subpart JJJJ); and

3. National emission standards for haz ardous air pollutants (NESHAP) for stationary reciprocating internal co mbustion engines (40 CFR Part 63, Subpart ZZZZ).

This is effective retroactive to the applicable effective date of the NSPS and/or

NESHAP which is based on the date the engi ne or fire pump was manufactured, ordered, modified or reconstructed.

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 cla ss equipment, wood shop equipment in classrooms, wood fired pottery kilns, and fuel-burning units with a capacity of less than one million Btu per hour fuel capac ity. This exemption does not apply

to incinerators.Page 27 of 104 Linn County Ordinance # 8-8-2012 r. Any container, storage tank, or vessel that contains a fluid having a maximum true vapor pressure of less than 0.75 ps ia. "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 r eported 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, routi ng, turning, drilling, machining, sawing, surface grinding, sanding, planing, buffing, sandblast cleaning, shot blasting, shot peening, or polishing ceramic artwork, l eather, metals (other than beryllium), plastics, concrete, rubber, paper stock, and wood or wood products, where such equipment is either used for non-producti on activities or exhausted inside a building.

t. Manually operated equipment, as defi ned in 567 IAC 22.100, used for buffing, polishing, carving, cutting, drilling, machin ing, routing, sanding, sawing, scarfing, surface grinding, or turning.

u. Incinerators and pyrolysis cleaning furnac es with a rated refuse burning capacity of less 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 r educes 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 reducti on is made. If a construction permit has been previously issued for the equipment or control equipment, all other conditions of the c onstruction permit remain in effect.

w. The following equipment, processes, and activities:

(1) Cafeterias, kitchens, and other facilitie s used for preparing food or beverages primarily for consumption at the source.

(2) Consumer use of office equipment and products, not including printers or businesses primarily involved in photographic reproduction.

(3) Janitorial services and consum er use of janito rial products.

(4) Internal combustion engines used fo r lawn care, landscaping and grounds keeping purposes.

(5) Laundry activities located at a stationar y 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. Th is exemption does not include laundry activities that use dry cleani ng equipment or steam boilers.Page 28 of 104 Linn County Ordinance # 8-8-2012 (6) Bathroom vent emissions, including toilet vent emissions.

(7) Blacksmith forges.

(8) Plant maintenance and upkeep activiti es and repair or maintenance shop activities (e.g., grounds keeping, general repairs, cleaning, pai nting, welding, plumbing, retarring roofs, installing insula tion and paving parking lots), provided

that these activities are not conducted as part of manufacturing process, are not related to the source’s primary busine ss activity, and do not otherwise trigger a permit modification. Cleaning and painting ac tivities qualify if they are not subject to requirements for volatile organic co mpounds or hazardous air pollutants as

defined in 567 IAC 22.100.

(9) Air compressors and vacuum pumps, including hand tools.

(10) Batteries and battery charging stations , except at batte ry manufacturing plants.

(11) Equipment used to store, mix, pump, handle or package soaps, detergents, surfactants, waxes, glycerin, vegetabl e oils, greases, animal fats, sweetener, corn syrup, and aqueous salt or caustic solutions, provided that appropriate lids

and covers are utilized and that no or ganic 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 electr ical power generating equipment.

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

(14) Natural gas pressure regulator vent s, excluding venting at oil and gas production facilities.

(15) Equipment used by surface coating oper ations that apply the coating by brush, roller, or dipping, except equipment that emits volatile organic compounds or hazardous air pollutants as defined in 567 IAC 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 cham bers, and solar simulators.

(19) Fugitive dust emissions related to movement of passenger vehicles on unpaved road surfaces, provided that t he emissions are not accounted for applicability purposes and that any fugitive dust control plan or its equivalent is submitted as required by the Department.Page 29 of 104 Linn County Ordinance # 8-8-2012 (20) Process water filtration systems and dem ineralizers, demineralized water tanks, and deminer alizer vents.

(21) Boiler water treatment oper ations, not including cooli ng towers or lime silos.

(22) Oxygen scavenging (deaeration) of water.

(23) Fire suppression systems.

(24) Emergency road flares.

(25) Steam vents, safety relie f valves, and steam leaks.

(26) Steam sterilizers.

(27) Application of hot melt adhesives from closed-pot systems using polyolefin compounds, polyamides, acrylics, ethyl ene vinyl acetate and urethane material when stored and applied at the manufac turer’s recommended temperatures. Equipment used to apply hot melt adhesives shall have a safety device that automatically shuts down t he equipment if the hot melt temperature exceeds the manufacturer’s recommended ap plication temperature.

x. Direct-fired equipment burning natural gas, propane, or liquefied propane with a capacity of less than 10 million Btu per hour input, and direct-fired equipment burning fuel oil with a capacity of le ss 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 s hall otherwise be exempt under this

subrule.

y. Closed refrigeration syst ems, including storage tan ks used in refrigeration systems, but excluding any combusti on equipment associated with such systems.

z. Pretreatment applicat ion processes that us e aqueous-based chemistries designed to clean a substrate, provided t hat the chemical concentrate contains no more than 5 percent organic solvents by weight. This exemption includes pretreatment processes that use aqueous-based cleaners, cleanerphosphatizers, and phosphate conver sion 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 milli on 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 pow der usage is less than the exemption

threshold.Page 30 of 104 Linn County Ordinance # 8-8-2012 cc. Any production surface coating activity that uses only n onrefillable 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.

dd. Production welding.

(1) Welding using a consumable elec trode, provided that the consumable

electrodes used fall within Americ an Welding Society specification A5.18/A5.18M for Gas Metal Arc Welding (GMAW), A5.1 or A5.5 for Shielded Metal Arc Welding (SMAW), and A5.20 fo r Flux Core Arc Welding (FCAW), and provided that the quantity of all electrodes used at the stationary source of the acceptable specifications is below 200,000 pounds per year of GMAW and 28,000 pounds per year for SMAW or FCAW. Records that identify the type and annual amount of welding electr ode used shall be maintained on site by the owner or operator for a peri od of at least two calendar years. For stationary sources where elec trode usage exceeds these levels, the welding activity at the stationary source may be ex empted 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 SMAW or FCAW

Where x is the minimum distance to t he 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 weldi ng, 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 uncoat ed, excluding manufacturing process

lubricants.

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

ff. Pressurized piping and storage syst ems for natural gas , propane, liquefied petroleum gas (LPG), and re frigerants, where emission s could only result from an upset condition.

gg. Emissions from the storage and mixing of paints and solvents associated with the painting operations, provi ded 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 pr inters 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.

ii. A regional collection cent er (RCC), as defined in 567 IAC Chapter 211, involved in the processing of permitted haza rdous materials from households andPage 31 of 104 Linn County Ordinance # 8-8-2012 conditionally exempt small quantity generators (CESQG), not to exceed 1,200,000 pounds of VOC 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 eligib le to use this exemption.

jj. Cold solvent cleaning machines that ar e not in-line cleaning machines, where the maximum vapor pressure of the solvent s used shall not exceed 0.7 kPa (5 mmHg or 0.1 psi) at 20°C (68°F). T he machine must be equipped with a tightly

fitted cover or lid that shall be closed at all times except during parts entry and removal. This exemption can not be us ed for cold solvent cleaning machines that use solvent containing methylene chloride (CAS # 75-09-2), Perchloroethylene (CAS # 127-18-4), tric hloroethylene (CAS # 79-01-6), 1,1,1- trichloroethane (CAS # 71-55- 6), carbon tetrachloride (CAS # 56-23-5) or chloroform (CAS # 67-66-3), or any co mbination of these halogenated HAP solvents in a total concentration gr eater than 5 percent by weight.

kk. Emissions from mobile over-the -road trucks, and mobile agricultural and construction internal combustion engine s 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 IAC 22.100.

ll. Reserved.

10. Emissions Offsets for Non-Attainment Designated Areas. Rule 567 IAC 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 cr edit allowed for stac k heights that exceed "good engineering practice", the Iowa Administrative Code ru le 567-23.1(5) as amended, shall apply and is hereby made a part of this Ordinance by reference.

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 authoriz ation is required by the terms of this Ordinance or otherwise required by la w, shall pay a filing fee.

2. Annual Fee for Permit to Operate. Each Permit to O perate shall be renewed on the annual operating fee due date, (her eafter referred to as the in voice due 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.

The annual renewal fee shall be payable for each Permit to Operate, and shall be paid by the invoice due date.Page 32 of 104 Linn County Ordinance # 8-8-2012 If the annual operating fee is not paid by the invoice due dat e, the permit shall expire and no longer be valid. The permit holder sha ll be notified by mail by the Air Pollution

Control Officer.

The Air Pollution Control Officer shall have the authority to deny renewal of any Permit To Operate for equipment that is found to be out of compliance with the emission standards or requirements set out in this Ordinance. The Air Pollution Control Officer shall have the authority to deny issuance of, or the renewal of, any permit to any person who has been previously cited for any violat ion of this Ordinance and who has not paid in full all fines, court costs and restitution entered as a judgment against them or who is not in current with any Court ordered payme nt plan for such fines, court costs and restitution. This provisi on does not limit the Air Pollut ion Control Officer's power to otherwise collect unpaid fines, c ourt costs or restitution.

3. Filing Fees for Untimely Permits. No twithstanding 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 In stall and a Permit to Operate for emission sources already in operation; or for renewal s made after the expiration date; shall pay a late filing fee for each permit or renewal required. Nothi ng 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 co llection of this filing fee.

4. Fees required under Sections 10.6( 1), 10.6(2) and 10.6(3) above shall be recommended by the Air Pollution Control Offi cer and be established by resolution of the Linn County Board of Supervisors.

10.7 Visible Emissions

No person shall allow, cause, or permit the emission of vi sible air contaminants of a density or shade equal to or darker than that designated 20 percent opacity, into the atmosphere from any equipment, internal com bustion engine, premise fire, open fire, or stack, except as provided below and in §10.15. The federal method for visual determination of opacity of emissions and requirements for qualified observers as defined in Method 9, 40 CFR Part 60, Appendix A, as amended through March 12, 1996 in 567 IAC 29.1 is adopted by reference.

To qualify as an observer, an individual must meet the requirement s of 567-29.1 of the

Iowa Administrative Code.

1. General Exceptions.

a. Residential Heating Equi pment. Residential natural or propane gas fired heating equipment serving dwellings of 4 fa mily units or less is exempt.

b. Gasoline-powered Vehicles. No per son shall allow, cause or permit the

emissions of visible air contaminants fr om gasoline-powered motor vehicles for longer than 5 consecutive seconds.Page 33 of 104 Linn County Ordinance # 8-8-2012 c. Diesel-powered Vehicles. No person sha ll allow, cause, or permit the emission

of visible air contaminants from diesel -powered motor vehicles of a shade or density equal to or darker than that desi gnated as 40 percent opacity, for longer

than 5 consecutive seconds.

d. Diesel-powered Locomotives. No pers on shall allow, cause, or permit the

emission of visible air contaminants fr om diesel-powered locomotives of a shade or density equal to or darker than that designated as 40 percent opacity, except for a maximum period of 40 consecutive seconds during acceleration under load, or for a period of 4 consecutive minutes when a locomotive is loaded after a period of idling.

e. Startup and Testing. Init ial start and warm-up of a cold engine, the testing of an engine for trouble, diagnosis or repai r, or engine research and development activities, is exempt.

f. A darkness or opacity equal to but no greater than 40 percent opacity shall be permitted for a period or periods aggregat ing 6 minutes in any 60 minute period when building a new fire, cleaning a fire, cleaning pollution cont rol equipment or when blowing tubes and flues in a power plant, heating plant, or a domestic heating plant. This time may be ex tended for scheduled maintenance with the approval of the Air Pollution Control Officer.

g. Uncombined Water. The provisions of this paragraph shall apply to any emission which would be in violation of these pr ovisions except for the presence of uncombined water, such as condensed water vapor.

2. Abnormal conditions or breakdown whic h cause emissions in excess of the limitations specified a bove shall comply with §10.14 of this Ordinance.

10.8 Emissions From Fuel-Burning Equipment

1. General Provisions.

a. This section applies to installations in which fuel is burned for the primary purpose of producing steam, hot water, hot air or other liq uids, gases or solids and in the course of doing so, the pr oducts of combustion do not come into direct contact with process materials. Fuel includes those such as coal, coke, lignite, coke breeze, fuel oil,

and wood but does not include refuse. Wh en any products or by-products of a manufacturing process are burned for the same purpose or in conjunction with any fuel,

the same maximum emission limitations shall apply.

b. The heat content of coal shall be det ermined according to ASTM standard method D-3176-84, "Ultimate Analysis of Coal and Coke", and ASTM standard method D-3180- 84, "Calculating Coal and Coke Analyses From As-determined to Different Bases", or

ASTM standard test method D-32 86-82, "Gross Calorific Val ue of Solid Fuel by the

Isothermal-Jacket Bomb Calori meter". The heat content of oil shall be determined according to ASTM standard test met hod D-240-76 (Re-approved 1980), "Heat ofPage 34 of 104 Linn County Ordinance # 8-8-2012 Combustion of Liquid Hydrocarbon Fuels by Bomb Calorimeter". The four publications cited in this section are hereby made part of this Ordinance by reference.

c. For purposes of this Ordinance the heat input shall be the aggregate heat content of all fuels whose products of combustion pass through a stack or stacks. The heat input value used shall be the equipment manufacturer 's or designer's guaranteed maximum input, whichever is greater. The to tal heat input of all fuel-burning units on a plant or premises shall be used for dete rmining the maximum allowable amount of particulate matter which may be emitted.

d. With the exception of New Source Pe rformance Standard Sources as defined in §10.9(2) of this Ordinance, t he amount of particulate matter emitted shall be measured according to the State of Iowa Complianc e Sampling Manual, which publication is made a part of this Ordinance by reference. Any other method which is in accordance with good professional practice may be used with t he approval of the Air Pollution Control

Officer.

2. Emission Limitation.

a. No person shall cause or permit the em ission of particulate matter caused by

combustion of fuel in fuel -burning equipment, from any sta ck or chimney in excess of the quantities set forth in the following table:

Maximum allowable emission of particulate matter in pounds per Heat input millions of hour per million British

British thermal units thermal units of heat per hour. input.

________________________

________________________ ________

10 0.600

50 0.412

100 0.352

500 0.242 1,000 0.207 4,000 0.150 8,000 0.102 10,000 0.0904 15,000 0.0717 20,000 0.0607 40,000 0.0409 50,000 0.0358 100,000 0.0243

b. Interpolation of the data in this tabl e for heat inputs greater than 10 but less than 4,000 million BTU per hour shall be accomp lished by the use of the equation:Page 35 of 104 Linn County Ordinance # 8-8-2012 Y = 1.02 (X) -0.231

Except as provided in §10.8(3) of this Ordinance, fuel burning equipment with heat inputs less than 10 million BTU, 0.6 lb/milli on BTU shall apply. Interpolation and extrapolation of the data for heat inputs equal to or greater than 4,000 million BTU per hour shall be accomplished by use of the equation:

Y = 17.0 (X) -0.568

where Y equals the allowable rate of em ission in pounds per million BTU and X equals the maximum equipment capacity rate in million BTU per hour.

c. For a new fossil fuel-fired steam gener ating unit of more than 250 million BTU per hour heat input, §10.9(2)(a)(1) shall apply . For a new unit of between 150 million and 250 million (inclusive) BTU per hour heat input, the maximum allowable emissions from such new unit shall be 0.2 pounds of par ticulates per million BTU of heat input.

For a new unit of less than 150 million BTU per hour heat input, the maximum allowable

emissions from such new unit sha ll be as determined in §10.8(2)(a).

3. Exemption for Residential Heaters Burning Solid Fuels Residential heaters meeting t he definition of "fuel burni ng equipment" pursuant to Section 10.8.1(a) of this ordinance, wit h a manufacturer rated heat input of 500,000 Btu/hr or less burning solid fuel s, that was installed prior to October 1, 2009, and meets the following criteria and standards are exempt from the emission standard for particulate matter specified in Section 10.8(2)(b).

a. Residential heaters shall be limi ted to the followin g solid fuels. 1) Untreated wood; 2) Wood pellets made fr om untreated wood; 3) Home heating oil in compliance with the applicable sulfur content limit, propane or natural gas may be used as starter f uels for dual-fired resi dential heaters as specifically permitted by m anufacturer’s instructions; 4) Trees, tree trimmings, branches, and stumps , but does not include brush, weeds, leaves, grass, shrubbery, yard trimmings , or other landscape wastes as allowed pursuant to Section 10. 10 of this ordinance. 5) Biomass as defined in Sect ion 10.2 of this ordinance.

b. Residential heaters located on property t hat is incorporated or zoned Urban Service Residential (USR), Rural Residential 1 (RR1 ), Rural Residential 2 (RR2), or Rural Residential 3 (RR3), Village Residentia l (VR), or Village Mixed-Use (VM): 1) The owner shall not oper ate the residential heater during the period starting May 15 and ending September 15. 2) Excluding untreated w ood or biomass generated on site that may be openly burned pursuant to Section 10.10 of this ordinance, the owner shall not combust more than 18,000 lbs (5 cords) of fuel per annual heating season. 3) The residential heater shall either:Page 36 of 104 Linn County Ordinance # 8-8-2012 a) be no closer than 200 f eet to the nearest property zoned USR, RR1, RR2, or RR3 VM, or VR not served by the residential heater; OR b) have, by no later than October 1, 2012, a permanent stack that extends two feet higher than the peak of any roof st ructure that is lo cated within 300 feet

of the residential heater not served by the residential heater but no less than 15 feet above ground level and need be no gr eater than 25 feet above ground

level.

c. Residential heaters proper ty that is NOT incorpor ated or zoned Urban Service Residential (USR), Rural Residential 1 ( RR1), Rural Residential 2 (RR2), or Rural Residential 3 (RR3), Village Residentia l (VR) or Village Mixed-Use (VM): 1) Excluding untreated w ood or biomass generated on site that may be openly burned pursuant to Section 10.10 of this ordinance, the owner shall not combust more than 54,000 lbs (15 cords) of fuel per annual heating season. 2) If the residential heater is within 500 feet of an occupied structure not served by the boiler, then by no later than October 1, 2012, the residentia l heater shall have a permanent stack that extends 15 feet above ground level. 3) The owner of a residential heater may el ect to comply with the requirements of subparagraph "b" of this section rather than the requirements specified in subparagraph "c."

4. Nuisance Conditions fo r Fuel Burning Equipment a. No person shall cause or allow emissi ons of air contaminants to the outdoor atmosphere of such quantity, characterist ic or duration that are injurious to human, plant or animal life or to property , or that unreasonably interfere with the comfortable enjoyment of life or property. Notwithst anding the existence of specific air quality standards or emission limits, this prohib ition applies, but is not limited to, any particulate, fume, gas, mist, odor, smoke, vapor, toxic, or deleterious emission, either alone or in combinatio n with others. b. If existing fuel burning equipment is, thr ough the course of a proper investigation by the Department, creating a verifiable nuisance, the following steps shall be taken by the owner at the direction of the Department. 1) Modifications made to the unit to eliminate the nui sance such as extending the chimney, fuel management, or reloca ting the residential heater or both. 2) Cease and desist operating the unit unt il reasonable steps can be taken to

ensure that the residential heater will not be a nuisance.

10.9 Emissions Standards

1. Emissions of Particulate Matter No person shall permit, cause, suffer or allow the emission of particulate matte r into the atmosphere in an y 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 em ission point. In any case, the emission of particulate matter from any process shall not exceed an emission st andard 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.

TABLE IPage 37 of 104 Linn County Ordinance # 8-8-2012 ALLOWABLE RATE OF EMISSION BASED ON PROCESS

WEIGHT RATE*

Process Weight Rate Rate of Emission

Lb/Hr Tons/Hr Lb/Hr

100 0.05 0.551

200 0.10 0.877

400 0.20 1.40

600 0.30 1.83

800 0.40 2.22 1,000 0.50 2.58 1,500 0.75 3.38 2,000 1.00 4.10 2,500 1.25 4.76 3,000 1.50 5.38 3,500 1.75 5.96 4,000 2.00 6.52 5,000 2.50 7.58 6,000 3.00 8.56 7,000 3.50 9.49 8,000 4.00 10.40 9,000 4.50 11.20 10,000 5.00 12.00 12,000 6.00 13.60 14,000 7.00 15.10 16,000 8.00 16.50 18,000 9.00 17.90 20,000 10.00 19.20 30,000 15.00 25.20 40,000 20.00 30.50 50,000 25.00 35.40 60,000 30.00 40.00 70,000 35.00 41.30 80,000 40.00 42.50 90,000 45.00 43.60 100,000 50.00 44.60 120,000 60.00 46.30 140,000 70.00 47.80 160,000 80.00 49.00 200,000 100.00 51.20 1,000,000 500.00 69.00 2,000,000 1,000.00 77.60 6,000,000 3,000.00 92.70

*Interpolation of the data in this tabl e for process weight rates up to 60,000 lb/hr shall be accomplished by the use of the equation:

) ( 10

. 4 67

. 0 P E Page 38 of 104 Linn County Ordinance # 8-8-2012 and interpolation and extrapolati on of the data for process weight rates in excess of 60,000 lb/hr shall be accomplishe d by use of the equation:

where E = rate of emission in lb/hr, and P = process weight in tons/hr.

a. General Emission Rate: The emission stand ards specified in this section shall apply and those specified in §§10.8 and 10.9 and Table I shall not apply to each process of the types listed in the following sections, wit h the following exception: whenever the compliance status, history of operations, ambient air quality in the vicinity, or the type of control equi pment utilized, would warrant maximum control, the Air Pollution Control Officer shall enforce 0.1 gr ains per standard cubic foot of exhaust gas, Section 10.8 or Section 10.9, whichever would result in the lowest allowable emission

rate.

b. Asphalt Batching Plants. No person shall cause, allow or permit the operation of an asphalt batching plant in a manner such t hat the particulate matter discharged to the atmosphere exceeds 0.15 grains per st andard cubic foot of exhaust gas.

c. Cement Kilns. Cement kilns shall be equipped with air pollution control devices to reduce the particulate matter in the gas discharged to the atmosphere to no more than 0.3 percent of the parti culate matter entering the air pollution control device. Regardless of the degree of effi ciency of the air pollution control device, particulate matter discharged from such kilns shall not ex ceed 0.1 grains per st andard cubic foot of exhaust gas.

d. Cupolas for Metallurgical Melting. The emissions of particulate matter from all new foundry cupolas, and from all existing foundr y cupolas with a process weight rate in excess of 20,000 pounds per hour, shall not exceed the amount determined from Table I. The emission of particulate matter from all existing foundry cupolas with a process weight rate less than or equal to 20,000 poun ds per hour shall not exceed the amount

determined from Table II.

TABLE II

ALLOWABLE EMISSIONS FROM EXISTING

SMALL FOUNDRY CUPOLAS

Process Weight Rate Allowable Emission (lb/hr) (lb/hr)

1,000 3.05 2,000 4.70 3,000 6.35 4,000 8.00 5,000 9.58 E P  

5500 40 0 11 .( )

.Page 39 of 104 Linn County Ordinance # 8-8-2012 6,000 11.30 7,000 12.90 8,000 14.30 9,000 15.50 10,000 16.65 12,000 18.70 14,000 20.15 16,000 21.60 18,000 23.40 20,000 25.10

e. Electric Furnaces for Metallurgical Melt ing. The emissions of particulate matter to the atmosphere from electric furnaces us ed for metallurgical melting shall not exceed 0.1 grains per standard cubic foot of exhaust gas.

f. Feed Grinding and Mixing Plants. No per son shall cause, allow, or permit the operation of equipment for the handling, grinding, mixing, or blending of grain products for use as animal food or food supplement such that the particulate matter discharged to the atmosphere exceeds 0.1 grains per standard cubic foot of exhaust gas.

g. Grain Handling and Proce ssing Plants. No person sha ll cause, allow, or permit the operation of equipment at a permanent installation for the handling or processing of grain, grain products and grain by-products such that the particulate matter discharged to the atmosphere exceeds 0.1 grains per standard cubic foot of exhaust gas.

a. The particulate matter discharged to t he atmosphere from a grain bin vent at a country grain elevator, as "country grai n elevator" is defined in 567 IAC 22.10(1), shall not exceed 1.0 grai n per dry standard cubic f oot of exhaust gas.

b. The particulate matter discharged to the atmosphere from a grain bin vent that was constructed, modified or recons tructed before March 31, 2008, at a country grain terminal elevator, as "country grain te rminal elevator" is defined in 567 IAC 22.10(1), or at a grain terminal elevator, as "grain terminal elevator" is defined in 567 IAC 22.10(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 IAC 22.10(1), or at a grain terminal elevator, as "grain terminal elevator" is defined in 567 IAC 22.10(1), shall not exceed 0.1 grain per dry standard cubic foot of exhaust gas.

h. Lime Kilns. No person shall cause, allo w, or permit the operation of a kiln for the processing of limestone such t hat the particulate matter in the gas discharged to the atmosphere exceeds 0.1 grains per standard cubic foot of exhaust gas.

i. Meat Smokehouses. No person shall caus e, allow, or permit the operation of a meat smokehouse or a group of meat smokehouses which c onsume more than ten (10) pounds of wood, sawdust, or other material per hour such that the particulate matterPage 40 of 104 Linn County Ordinance # 8-8-2012 discharged to the atmosphere exceeds 0.2 grains per sta ndard cubic foot of exhaust

gas.

j. Phosphate Proce ssing Plants.

1) Phosphoric acid manufacture. No per son shall allow, cause, or permit the operation of equipment for the manufacture of phosphor ic 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 equiva lent input.

2) Diammonium phosphate manufacture. No person shall allow, cause, or permit the operation of equipment fo r the manufacture of di ammonium phosphate that was in existence on October 22, 1974, in a manner that produc es more than 0.15 pounds of fluoride per ton of phosphorous pentoxide or equiva lent input.

3) Nitrophosphate manufacture. No pers on shall allow, cause, or permit the operation of equipment for the manufacture of nitr ophosphate in a manner that produces more than 0.06 pound s 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 t on of phosphorous pentoxide or its equivalent input.

5) Notwithstanding "1" thr ough "4," no person shall allo w, cause, or permit the operation of equipment for the processi ng of phosphorus ore, rock or other phosphatic material including, but not lim ited to , phosphoric acid, in a manner that emissions of fluorides exceed 100 pounds per day.

6) "Fluoride" means elemental fluorine and all fluoride compounds as measured by reference methods specified in Appen dix A to 40 CFR Part 60 as amended through March 12, 1996, as adopted in 567 IAC Chapter 23.

7) Calculation. The allowable total em ission of fluoride shall be calculated by multiplying the unit emission specified above by the expre ssed design production capacity of the process equipment.

k. Portland Cement Batching Plants. No person shall cause, allow, or permit the operation of a Portland cement batching plant su ch that the particula te matter in the gas discharged to the atmosphere exceeds 0.1 grains per standar d cubic foot of exhaust

gas.

l. Incinerator. A person s hall not cause, allow, or permit the operation of an incinerator unless it is provided with appropria te control of emissions of particulate

matter and visible air contaminants.Page 41 of 104 Linn County Ordinance # 8-8-2012 1) Particulate matter. A pers on shall not cause, allow, or permit the operation of an

incinerator in a manner such that t he 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 1000 pounds per hour in a manner such that the particulate matte r discharged to the atmosphere exceeds 0.35 grains per standard cubic foot of ex haust gas adjusted to 12 percent carbon

dioxide.

2) Visible emissions. A person shall not a llow, cause, or permi t the operation of an

incinerator in a manner such that it produces visible emissions which have an appearance, density, or shade dar ker than 20% opacity or t hat level specified in a federally enforceable permit; except t hat 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 t han 3 minutes in any 60 minute period during an operation breakdown or during the cleaning of air pollution control equipment.

m. Sand Handling and Surface Finishing Operations in Metal Processing. This subsection shall apply to any new foundry or metal processing operation not properly termed a combustion, melting, baking or po uring operation. For purposes of this subsection, a new process is any process which has not started operation, or the construction of which has not been commenced, or the components of which have not

been ordered or contracts for the constructi on of which have not been let on August 1, 1977. No person shall allow, cause, or permit the opera tion of any equipment designed for sand shakeout, mulling, mold ing, cleaning, preparation, re clamation or rejuvenation or any equipment for abrasive cleaning, shot blasting, gr inding, cutting, sawing or buffing in such a manner that particulate matter discharged from any stack exceeds 0.05 grains per dry standard cubic foot of exhaust gas, r egardless of the types and number of operations that discharge from the stack.

n. Painting and Surface Coating Operati ons. No person shall allow, cause, or permit painting and surface coating operations in a manner such that particulate matter in the gas discharge exceeds 0.01 grains per standard c ubic foot of exhaust gas.

2. New Source Performance Standards. T he federal standards of performance for new stationary sources, as def ined in 40 CFR Part 60 as amended or corrected through October 8, 2009, as adopted in 567 IAC 23.1(2), are adopt ed by reference except §60.530 through §60.539b (Part 60, Subpart AAA) , and shall apply to the following affected facilities. The corresponding 40 CFR Part 60 subpart designation is in parentheses. Reference test methods (A ppendix A), performanc e specifications (Appendix B), determination of emission ra te change (Appendix C) quality assurance procedures (Appendix F) and the general provisions (Subpart A) of 40 CFR Part 60 also apply to the affected facilities.

a. Affected Facilities.Page 42 of 104 Linn County Ordinance # 8-8-2012 (1) Fossil Fuel-Fired Steam G enerators. A fossil fuel-fir ed steam generating unit of

more than 250 million BTU heat input for which construction, reconstruction, or

modification is commenc ed after August 17, 1971. Any facility covered under paragraph "26" below is not covered under this paragraph. (Subpart D)

(2) Incinerators. An incinerator of more than 50 tons per day charging rate. (Subpart E)

(3) Portland Cement Plants. Any of the following in a Po rtland cement plant: kiln; clinker cooler; raw mill system; finish mill system; raw mill dr yer; raw material storage; clinker storage; finished product storage; conveyor transfer points, bagging and bulk loading and unloading systems. (Subpart F)

(4) Nitric Acid Plants. A nitric acid production unit. (Subpart G)

(5) Sulfuric Acid Plants. A sulfuric acid production unit. (Subpart H)

(6) Asphalt Concrete Plants. An asphalt concrete plant. (Subpart I)

(7) Petroleum Refineries. Any of the followi ng at a petroleum refi nery: Fluid catalytic cracking unit catalyst regenerator; fluid ca talytic cracking unit incinerator-waste heat boilers; fuel gas combustion devices, and claus sulfur recovery plants greater than 20 long tons per day. (Subpart J)

(8) Secondary Lead Smelters. Any of the fo llowing in a secondary lead smelter: Pot

furnaces of more than 250 kilograms (550 pounds) chargi ng capacity; blast (cupola) furnaces; and reverberatory furnaces. (Subpart L)

(9) Secondary Brass and Bronze Ingot Produc tion Plants. Any of the following at a secondary brass and bronze ingot production plant: Reverberatory and electric furnaces of 1000 kilograms (2205 pounds) or greater production capacity and blast (cupola) furnaces of 250 kilograms per hour (550 pounds per hour) or greater production capacity. (Subpart M)

(10) Iron and Steel Plant s. A basic oxygen proce ss furnace. (Subpart N)

(11) Sewage Treatment Plant s. An incinerator which burns the sludge produced by municipal sewage treatment pl ants. (Subpart O of 40 CFR 60 and Subpart E of 40 CFR 503)

(12) Steel Plants. Either of the following at a steel plant: Electric arc furnaces and dust-handling equipment constructed, modified, or reconstructed after October 21, 1974, and on or before August 17, 1983. (Subpart AA)

(13) Primary Copper Smelte rs. Any of the following at a primary copper smelter: Dryer, roaster, smelting furnac e and copper converter. (Subpart P)

(14) Primary Zinc Smelters. Either of the following at a primary zinc smelter: A roaster or a sintering machine. (Subpart Q)Page 43 of 104 Linn County Ordinance # 8-8-2012 (15) Primary Lead Smelter. Any of the following at a primary lead smelter: Sintering machine, sintering machine discharge end, bl ast furnace, dross reverberatory furnace,

converter and electric smel ting furnace. (Subpart R)

(16) Primary Aluminum Reduction Plants. Either of the following at a primary aluminum reduction plant: Potroom gr oups and anode bake plants. (Subpart S)

(17) Wet Process Phosphoric Acid Plants in the Phosphate Fertilizer Industry. A wet process phosphoric acid plant, which include s any combination of the following: Reactors, filters, evaporators and hotwells. (Subpart T)

(18) Superphosphoric Acid Plants in the Phosphate Fertilizer Industry. A superphosphoric acid plant, which includes any combination of the following: Evaporators, hotwells, acid sumps, and cooling tanks. (Subpart U)

(19) Diammonium Phosphate Plants in the Phosphate Fert ilizer Industry. A granular diammonium phosphate plant, which include s any combination of the following: Reactors, granulators, dryers, cooler s, screens and mills. (Subpart V)

(20) Triple Superphosphate Plants in the Phosphate Fertiliz er Industry. A triple superphosphate plant, which includes any combinat ion of the following: Mixers, curing belts (dens), reactors, granulat ors, dryers, cookers, screens, mills and facilities which store run-of-pile triple s uperphosphate. (Subpart W)

(21) Granular Triple S uperphosphate Storage Facilities in the Phosphate Fertilizer Industry. A granular trip le superphosphate storage facility, which includes any

combination of the follo wing: Storage or curing piles, co nveyors, elevators, screens and mills. (Subpart X)

(22) Coal Preparation Plants. Any of t he following at a coal preparation plant which processes more than 200 tons per day: Thermal dryers; pneumatic coal cleaning equipment (air tables); coal processing and conveying equipment (including breakers and crushers); coal storage systems; and coal transfer and loading systems. (Subpart Y)

(23) Ferroalloy Production. Any of the following: Electric submerged arc furnaces which produce silicon metal, ferrosilicon, ca lcium silicon, silicomanganese zirconium, ferrochrome silicon, silvery iron, high-ca rbon ferrochrome, charge chrome, standard ferromanganese, silicomanganese, ferromanganese silicon, or calcium carbide; and dust-handling equipment. (Subpart Z)

(24) Kraft Pulp Mills. Any of the following in a kr aft pulp mill: Digester system; brown stock washer system; multiple effect evaporator system; bl ack liquor oxidation system; recovery furnace; smelt dissolv ing tank; lime kiln; and condensate stripper system. In pulp mills where kr aft pulping is combined with neutral sulfite semichemical pulping, the provisions of t he standard of performance are applicable when any portionPage 44 of 104 Linn County Ordinance # 8-8-2012 of the material charged to the affected facilit y is produced by the kraft pulping operation. (Subpart BB)

(25) Lime Manufacturing Plants. A rotary lime kiln or a lime hydrator used in the

manufacture of lime at other t han a kraft pulp mill. (Subpart HH)

(26) Electric Utility Steam Generating Units. An elec tric utility steam gathering unit that is capable of combusting more than 250 million BTUs per hour (73 megawatts) heat input of fossil fuel for which construction or modification or reconstruction is commenced after September 18, 1978, or an electric utility combined cycle gas turbine that is capable of combusting more than 250 million BTUs per hour (73 megawatts) heat input. An electric steam generating unit is any fo ssil fuel-fired combusti on of more than 25 megawatts electric (MW) that serves a generat or that produces elec tricity for sale. A unit that cogenerates steam and electricity and supplies mo re than one-third of its potential electric output capacity and more than 25 MW output to any utility power distribution system for sale is also an el ectric utility steam generating unit. . (Subpart Da)

(27) Stationary Gas Turbines. Any simp le cycle gas turbine, regenerative cycle gas turbine, or any gas turbine portion of a combined cycle steam/electric generating system that is not self-propelled. It may, however, be mounted on a vehicle for portability. (Subpart GG)

(28) Petroleum Storage Vessels. Un less exempted, any storage vessels for petroleum liquids for which the construction, reconstruction, or modification commenced after June 11, 1973, and prior to May 19, 1978, having a storage capacity greater than 151,416 liters (40,000 gallons). (Subpart K)

(29) Petroleum Storage Vessels. Unless exempted, any storage vessel for petroleum liquids for which the construction, reconstruction or modification commenced after May 18, 1978 and prior to July 23, 1984, having a storage capacity greater than 151,416 liters (40,000 gallons). (Subpart Ka)

(30) Glass Manufacturing Plants. An y glass melting furnace. (Subpart CC)

(31) Automobile and Light-Duty Truck Surface Coating Operations at Assembly Plants. Any of the following in an automobile or a light- duty truck assembly plant: Prime coating operations, gui de coat operations, and topcoat operations. (Subpart MM)

(32) Ammonium Sulfate Manufacture. An y of the following in the ammonium sulfate industry: Ammonium sulfate dryers in t he caprolactam by-product, synthetic, and cokeoven by-product sectors of the industry. (Subpart PP)

(33) Surface Coating of Metal Furniture. Any meta l furniture surface coating operation in which organic coat ings are applied. (Subpart EE)

(34) Lead-Acid Battery Manufacturing Plan ts. Any lead-acid battery manufacturing plant which uses any of the following: Gr id casting, paste mixing, three-processPage 45 of 104 Linn County Ordinance # 8-8-2012 operation, lead oxide manufac turing, lead reclamation, or other lead-emitting operations. (Subpart KK)

(35) Phosphate Rock Plants. Any phosphate rock plant which has a maximum plant production capacity greater than four tons per hour including the following: Dryers, calciners, grinders, and ground rock handling and storage facilities, except those facilities producing or preparing phosphate ro ck solely for consumption in elemental phosphorus production. (Subpart NN)

(36) Graphic Arts Industry . Publication rotogravure printing. Any publication rotogravure printing press except proof presses. (Subpart QQ)

(37) Industrial Surface C oating--Large Appliances. Any surface coating operation in a large appliance surface coating line. (Subpart SS)

(38) Metal Coil Surface C oating. Any of the following at a metal coil surface coating operation: Prime coat operation, finish coat operation, and each prime and finish coat operation combined when the finish coat is applied wet-on-wet over the prime coat and both coatings are cured simultaneously. (Subpart TT)

(39) Asphalt Processing and Asphalt Roofing Manufacturing. Any saturator, mineral handling and storage facility at asphalt roofi ng plants; and any asphalt storage tank and any blowing still at asphalt processing plants , petroleum refineries, and asphalt roofing plants. (Subpart UU)

(40) Equipment Leaks of Volatile Or ganic Compounds in the Synthetic Organic Chemicals Manufacturing Industry. Standards for affected facilities in the synthetic organic chemicals manufacturing industry (SOCMI) that commenced construction, reconstruction, or modification after J anuary 5, 1981, and on or before November 7, 2006 are set forth in Subpart VV. Standards for affected SOCMI facilities that commenced construction, reconstruction or modi fication after November 7, 2006 are set forth in Subpart VVa. The standards apply to pumps, compressors, pressure relief devices, sampling systems, open-ended valves or lines (OEL), valves and flanges or other connectors which handle volatile organi c compounds (VOC). (Subpart VV and Subpart VVa)

(41) Beverage Can Surface Coating. Any beverage can surface coating lines for two-piece steel or aluminum containers in which soft drinks or beer are sold. (Subpart WW)

(42) Bulk Gasoline Terminals. The to tal of all loading racks at bulk gasoline terminals which deliver liquid product into gasoline tank trucks. (Subpart XX)

(43) Pressure Sensitive Tape and Label Surface Coating Operations. Any coating line used in the tape manufacture of pressu re sensitive tape and label materials. (Subpart RR)Page 46 of 104 Linn County Ordinance # 8-8-2012 (44) Metallic Mineral Processing Pl ants. Any ore processing and handling equipment. (Subpart LL)

(45) Synthetic Fiber Production Facilities . Any solvent-spun synthetic fiber process that produces more than 500 megagrams of fiber per year. (Subpart HHH)

(46) Equipment Leaks of VOC in Petrol eum Refineries. A compressor and all equipment (defined in 40 CF R Part 60.591) within a pr ocess unit for which the construction, reconstruction, or modifi cation commenced after January 4, 1983. (Subpart GGG)

(47) Flexible Vinyl and Ur ethane Coating and Printing. Ea ch rotogravure printing line used to print or coat flexible vi nyl or urethane products. (Subpart FFF)

(48) Petroleum Dry Cleaners. Petr oleum dry cleaning plant with a total manufacturer's rated dryer capacity equal to or greater than 38 k ilograms (84 pounds): Petroleum solvent dry cleaning dryers, was hers, filters, stills, and settling tanks. (Subpart JJJ)

(49) Electric Arc Furnaces and Argon-Ox ygen Decarburization Vessels Constructed after August 17, 1983. Steel plants that prod uce carbon, alloy, or specialty steels: Electric arc furnaces, argon-oxygen dec arburization vessels, and dust handling systems. (Subpart AAa)

(50) Wool Fiberglass Insu lation Manufacturing Plants. Ro tary spin wool fiberglass manufacturing line. (Subpart PPP)

(51) Iron and Steel Plant s. Secondary emissions fr om basic oxygen process steelmaking facilities for which construction, reconstruction, or modification commenced after January 20, 1983. (Subpart Na)

(52) Equipment Leaks of VOC from On -Shore Natural Gas Processing Plants. A compressor and all equipment defined in 40 CFR, part 60.631, unless exempted, for which construction, reconstruction, or m odification commenced after January 20, 1984. (Subpart KKK)

(53) On-Shore Natural Gas Processing: SO 2 Emissions. Unless exempted, each
sweetening unit and each sweetening unit followe d by a sulfur recovery unit for which construction, reconstruction, or modifi cation commenced after January 20, 1984. (Subpart LLL)

(54) Nonmetallic Mineral Processing Plants. Unless exempted, each crusher, grinding mill, screening operation, bucket elevator, belt conveyor, bagging operation, storage bin, enclosed truck or rail car loading station in fixed or portable nonmetallic mineral processing plants for which constr uction, reconstruction, or modification commenced after August 31, 1983. (Subpart OOO)Page 47 of 104 Linn County Ordinance # 8-8-2012 (55) Industrial-Commercial-Institutional Steam Generating Units. Unless exempted, each steam generating unit for which construc tion, reconstruction, or modification commenced after June 19, 1984, and which has a heat input capacity of more than 100 million BTU/hour. (Subpart Db)

(56) Volatile Organic Liquid Storage Ve ssels. Unless exempted, volatile organic liquid storage vessels for which constructi on, reconstruction, or modification commenced after July 23, 1984. (Subpart Kb)

(57) Rubber Tire Manufacturing Pl ants. Unless exempted, each undertread cementing operation, each sidewall cement ing operation, each tr ead end cementing operation, each bead cementing operation, each green tire spraying operation, each Michelin-A operation, each Michelin-B oper ation, and each Michelin-C automatic operation that commences construction or modification after January 20, 1983. (Subpart BBB)

(58) Industrial Surface C oating: Surface Coating of Plastic Parts for Business Machines. Each spray booth in which plas tic parts for use in the manufacture of business machines receive prime coats, color coats, texture coats, or touch-up coats for which construction, modification, or re construction begins after January 8, 1986. (Subpart TTT)

(59) VOC Emissions from Petroleum Refinery Wastewater Systems. Each individual drain system, each oil-water separator , and each aggregate facility for which construction, modification, or reconstruction is commenced after May 4, 1987. (Subpart QQQ)

(60) Magnetic Tape Coating Facilities . Unless exempted, each coating operation and each piece of coating mix preparati on equipment for which construction, modification, or reconstruction is comm enced after January 22, 1986. (Subpart SSS)

(61) Polymeric Coating of Supporting Subs trates. Unless exempted, each coating operation and any on-site coating mix prepar ation equipment used to prepare coatings for the polymeric coating of supporting substr ates for which construction, modification, or reconstruction begins afte r April 30, 1987. (Subpart VVV)

(62) VOC Emissions from Synthetic Organic Chemical Manufacturing Industry Air

Oxidation Unit Processes. Unless exempted, any air oxidat ion reactor, air oxidation reactor and recovery system or combinatio n of two or more reactors and the common recovery system used in the production of any of the chemicals listed in 40 CFR §60.617 for which construction, modificati on, or reconstruction commenced after October 21, 1983. (Subpart III)

(63) VOC Emissions fr om Synthetic Organic Chemic al Manufacturing Industry Distillation Operations. Unless exempted, any distillation uni t, distillation unit and recovery system or combi nation of two or more di stillation units and the common recovery system used in the production of any of the chemicals listed in 40 CFRPage 48 of 104 Linn County Ordinance # 8-8-2012 §60.667 for which construction, modificati on, or reconstruction commenced after December 30, 1983. (Subpart NNN)

(64) Small Industrial-Comme rcial-Institutional Steam Gener ating Units. Each steam generating unit for which construction, modi fication, or reconstruction is commenced after June 9, 1989, and that has a maximum design heat input capacity of 100 million BTU per hour or less, but greater than or equal to 10 m illion BTU per hour. (Subpart Dc)

(65) VOC Emissions from the Polymer Manufacturing Indus try. Each of the following process sections in the manufacture of polypropylene and polyethylene - raw materials preparation, polymerization reaction, materi al recovery, product finishing, and product storage; each material recovery sect ion of polystyrene manufacturing using a continuous process; each polymerizati on reaction section of poly(ethylene terephthalate) manufacturing us ing a continuous process; each material section of poly(ethylene terephthalate) manufacturing using a continuous process that uses dimethyl terephthalate; each raw material section of poly(ethylene terephthalate) manufacturing using a continuous process that uses ter ephthalic acid; and each group of fugitive emissions equipment within any process unit in the manufacturing of polypropylene, polyethylene, or polystyrene (including expandable polystyrene). The applicability date for construction, modifica tion, or reconstruction for polystyrene and poly(ethylene terephthalate) affected facilities and some polypropylene and polyethylene affected facilities is September 30, 1987. For the ot her polypropylene and polyethylene affected facilities the applicabilit y date for these regulations is January 10, 1989. (Subpart DDD)

(66) Municipal Waste Combustors. Un less exempted, a municipal waste combustor with a capacity greater than 225 megagrams per day of municipal solid waste for which

construction is commenced after December 20, 1989, and on or before September 20, 1994, and modification or reconstruction is commenced after December 20, 1989, and on or before June 19, 1996. (Subpart Ea)

(67) Grain Elevator s. A grain terminal elevator or any grain storage elevator except as provided under 40 CFR 60.304(b), Augus t 31, 1993. A grain terminal elevator means any grain elevator which has a per manent storage capacity of more than 2.5 million U.S. bushels except those located at animal food manufacturers, pet food manufacturers, cereal manufacturers, brewer ies, and livestock feedlots. A grain storage elevator means any grain elevator located at any wheat flour mill, wet corn mill, dry corn mill (human consumption), ri ce mill or soybean oil extraction plant which has a permanent grain storage capacity of 1 million bushels. Any construction, modification, or reconstruction after August 3, 1978, is subject to this paragraph. (Subpart DD)

(68) Mineral Processing Pl ants. Each calciner and dr yer at a mineral processing plant unless excluded for which construction, modification, or reconstruction is commenced after April 23, 1986. (Subpart UUU)

(69) VOC Emissions from Synthetic Organic Chemical Manufacturing Industry Reactor Processes. Unless exempted, each affe cted facility that is part of a process unitPage 49 of 104 Linn County Ordinance # 8-8-2012 that produces any of the chemicals list ed in 40 CFR §60.707 as a product, coproduct, by-product, or intermediate for which cons truction, modification, or reconstruction commenced after June 29, 1990. Affected facility is each reactor process not discharging its vent stream into a recovery system, eac h combination of a reactor process and the recovery system into which its vent stream is discharged, or each combination of two or more reactor proc esses and the common recovery system into

which their vent streams ar e discharged.(Subpart RRR)

(70) Municipal Solid Waste Landfills , as defined by 40 CFR 60.751. Unless exempted, each municipal solid waste landfill that commenced construction, reconstruction or modification or began accept ing waste on or after May 30, 1991, must comply. (Subpart WWW)

(71) Municipal Waste Combustors. Unless exempted, each municipal waste combustor with a combustion capacity greater than 250 tons per day of municipal solid waste for which construction, modificati on or reconstruction is commenced after September 20, 1994. (Subpart Eb)

(72) Hospital/medical/infectious wa ste incinerators. Unless exempted, a hospital/medical/infectious waste incinerator for which construction is commenced after June 20, 1996, or for which modification is commenced after March 16, 1998. (Subpart Ec)* *As of November 24, 2010, the adoption by reference of Part 60 Subpart Ec is

rescinded.

(73) New Small Municipal Waste Combustion Units. Unless exempted, this standard applies to a small municipal waste combus tion unit that commenced construction after August 30, 1999, or small municipal wa ste combustion units that commenced

reconstruction or modification after J une 6, 2001. (Part 60, Subpart AAAA)

(74) Commercial and Industrial Solid Wast e Incineration. Unless exempted, this standard applies to units for which constr uction is commenced after November 30, 1999, or for which modification or reconstr uction is commenced on or after June 1, 2001. (Part 60, Subpart CCCC)

(75) Other Solid Waste Inci neration (OSWI) Units. Un less exempted, this standard applies to other solid waste incineration (OSWI) unit for which construction is commenced after December 9, 2004, or for which modification or reconstruction is commenced on or after June 16, 2006. (Part 60, Subpart EEEE)

(76) Reserved.

(77) Stationary Compression Ignition Inte rnal Combustion Engines. Unless otherwise exempted, these standards apply to each st ationary compression ignition internal combustion engine whose construction, modifi cation or reconstruction commenced after July 11, 2005. (Part 60, Subpart IIII)Page 50 of 104 Linn County Ordinance # 8-8-2012 (78) Stationary Spark Ignition Internal Combustion Engines. These standards apply to each stationary spark ignition inter nal combustion engine whose construction,

modification or reconstruction commenced after June 12, 2006. (Part 60, Subpart JJJJ)

(79) Stationary Combustion Turbines. Unless otherwise exempted, these standards apply to stationary combustion turbines wit h a heat input at peak load equal to or greater than 10 MMBtu per hour, based on the higher heating value of the fuel, that commence construction, modification, or reco nstruction after February 18, 2005. (Part 60, Subpart KKKK).

3. Emission Standards for Hazardous Air Po llutants. The federal standards for emissions of hazardous air pollutants, 40 CFR Part 61 as amended or corrected through May 16, 2007, and 40 CFR Part 503 as adopted on August 4, 1999, as adopted in IAC 23.1(3), are adopted by reference, except 40 CFR §61.20 to §61.26, §61.90 to §61.97, §61.100 to §61.108, §61.120 to §61. 127, §61.190 to §61.193, §61.200 to §61.205, §61.220 to §61.225, and §61.250 to §61. 256 and shall apply to the following affected pollutants and facilities and activi ties listed below. The corresponding 40 CFR Part 61 subpart designation is in parentheses . Reference test methods (Appendix B), compliance status information requir ements (Appendix A), quality assurance procedures (Appendix C) and the general provisions (Subpart A) of Part 61 also apply

to the affected activities or facilities.

a. Asbestos. Any of the following in volving asbestos emissions: Asbestos mills, surfacing of roadways, manufac turing operations, fabricating, insulating, waste disposal, spraying applications and demolition and renovation operations. (Subpart M)

b. Beryllium. Any of the following stat ionary sources: Beryllium extraction plants, ceramic plants, foundries, incinerators, and propellant plants which process beryllium ore, beryllium oxide, beryllium alloys, or beryllium-c ontaining waste; and machine shops which process beryllium, beryllium oxides, or any alloy when such alloy contains more than 5 percent beryllium by weight. (Subpart C)

c. Beryllium Rocket Motor Firing. Ro cket motor test site s. (Subpart D)

d. Mercury. Any of the following involving mercur y emissions: Mercury ore processing facilities, mercury cell chlor-alkal i plants, sludge incineration plants, sludge drying plants, and a combination of sludge in cineration plants and sludge drying plants. (Subpart E)

e. Vinyl Chloride. Ethylene dichloride purification and the oxychlorination reactor in ethylene dichloride plants. Vinyl chloride fo rmation and purification in vinyl chloride plants. Any of the following involving polyvinyl chloride pl ants: Reactor; stripper; mixing, weighing, and holding co ntainers; monomer recovery system; sources following the stripper(s). Any of the following invo lving ethylene dichloride, vinyl chloride, and polyvinyl chloride plants: Relief valve discharge; fugitive emission sources. (Subpart F)

f. Equipment Leaks of Benzene (fugiti ve emission sources). Any pumps, compressors, pressure relief devices, sampling connection systems, open-ended valvesPage 51 of 104 Linn County Ordinance # 8-8-2012 or lines, valves, flanges and other connectors , product accumulator vessels, and control devices or systems which handle benzene. (Subpart J)

g. Equipment Leaks of Volatile Hazar dous Air Pollutants (fugitive emissions sources). Any pumps, compressors, pre ssure relief devices, sampling connection systems, open-ended valves or lines, valves , flanges and other connectors, product accumulator vessels, and control devices or systems which handle volatile hazardous air pollutants. (Subpart V)

h. Inorganic Arsenic Em issions from Arsenic Trioxide and Metallic Arsenic

Production Facilities. Each metallic arseni c production plant and each arsenic trioxide plant that processes low-grade arsenic bear ing materials by a roasting condensation process. (Subpart P)

i. Inorganic Arsenic Emissions from Gla ss Manufacturing Plants. Each glass melting furnace (except pot furnaces) that uses comm ercial arsenic as a raw material. (Subpart N)

j. Inorganic Arsenic Emissions from Primary Copper Smelters. Each copper converter at any new or existing primary co pper smelter except as noted in 40 CFR 61.172(a). (Subpart O)

k. Benzene Emissions from Coke By-produc t Recovery Plants. Each of the following sources at furnace and foundry coke by-product recovery pl ants: tar decanters, tar storage tanks, tar-intercepting sumps, flushi ng-liquor circulation tanks, light-oil sumps, light-oil condensers, light-oil decanters, wash -oil decanters, wash-oil circulation tanks, naphthalene processing, final coolers, final -cooler cooling towers, and the following equipment that is intended to operate in benzene service: pumps, valves, exhausters, pressure relief devices, sampling connecti on systems, open-ended valves or lines, flanges or other connectors, and control devices or systems required by 40 CFR §61.135.

The provisions of this subpart also apply to benzene storage tanks, BTX storage tanks, light-oil storage tanks, and excess ammonia-liquor stor age tanks at furnace coke by-product recovery plants. (Subpart L)

l. Benzene Emissions from Benzene Storage Vessels. Unless exempted, each storage vessel that is stori ng benzene having a specific gr avity within the range of specific gravities specified in ASTM D 836-84 for Industrial Gr ade Benzene, ASTM D 835-85 for Refined Benzene-485, ASTM D 2359-85a for Refined Benzene-535, and

ASTM D 4734-87 for Refined Benzene-545. These specifications are incorporated by reference as specified in 40 CFR §61.18. (Subpart Y)

m. Benzene Emissions fr om Benzene Transfer Operations. Unless exempted, the total of all loading racks which benzene is l oaded into tank trucks, rails cars, or marine vessels at each benzene production facilit y and each bulk terminal. (Subpart BB)Page 52 of 104 Linn County Ordinance # 8-8-2012 n. Benzene Waste Operations. Unless ex empted, the provisions of this subrule apply to owners and operators of chemical manufacturing plants, coke by-product recovery plants, petroleum refineries, and facilities at which waste management units are used to treat, store, or dispose of wast e generated by any of thes e listed facilities. (Subpart FF)

4. Emission Standards for Hazardous Air Po llutants for Source Categories. The

federal standards for emissions of hazardous air pollutants for source categories, 40

CFR Part 63 as amended or corrected thr ough March 3, 2010, as adopted in 567 IAC 23.1(4), are adopted by reference, except t hose provisions which cannot be delegated to the states. The correspond ing 40 CFR Part 63 subpart desi gnation is in parentheses. An earlier date for adoption by reference may be included with the subpart designation in parentheses. 40 CFR Part 63 Subpart B incorporates t he requirements of Clean Air Act Sections 112(g) and 112(j) and does not adopt standards for a specific affected facility. Test methods (A ppendix A), sources defined for ear ly reduction provisions (Appendix B), and determination of the fraction biodegraded (F bio ) in the biological treatment unit (Appendix C) of Part 63 also apply to the affected activiti es or facilities. For the purposes of this subrule "hazardous air pollutant" has the same meaning found in 567 IAC 22.100. For the purposes of th is subrule a "major source" means any stationary source or group of stationary s ources located within a contiguous area and

under common control that emits or has the potential to emit considering controls, in the aggregate, 10 tons per year or mo re of any hazardous air pollu tant or 25 tons per year or more of any combination of hazardous air pollutants, unless a lesser quantity is established, or in the case of radionuclides, where different criteria are employed. For the purposes of this subrule an "area s ource" means any stationary source of hazardous air pollutants that is not a majo r stationary source as defined in this paragraph. Paragraph 23.1(4) "a," general provisions (Subpart A) of Part 63, shall apply to owners or operators who are subject to subsequent subparts of 40 CFR 63 (except when otherwise specified in a particular subpar t or in a relevant standard) as adopted by reference below. .

a. General Provisions. General provisions apply to owners or operators of

affected activities or facilitie s except when otherwise specifi ed in a particular subpart or in a relevant standard. ( 40 CFR Part 63, Subpart A)

b. Requirements for Control Technolog y Determinations for Major Sources in

Accordance with Clean Air Act Sections 112(g) and 112(j). (Part 63, Subpart B) (1) Section 112(g) requirements. For the purposes of this subparagraph, the

definitions shall be the same as the definitions found in 40 CFR 63.2 and 40

CFR 63.41 as amended thr ough December 27, 1996. The owner or operator of a new or reconstructed major source of hazardous air pollutants must apply maximum achievable control technology (MACT) for new sources to the new or reconstructed major source. If the major source in question has been specifically regulated or exempted from regulation under a standard issued pursuant to Section 112(d), Section 112(h) , or Section 112(j) of the Clean Air Act and incorporated in another subpart of 40 CFR Part 63, excluded in 40 CFR 63.40(e) and (f), or t he owner or operator of such major source has received all necessary air quality pe rmits for such construction orPage 53 of 104 Linn County Ordinance # 8-8-2012 reconstruction project before June 29, 1998, then the major source in questions is not subject to the require ments of this subpar agraph. The owner or operator of an affected source sha ll apply for a construction permit as required in 567 – paragraph 22. 1(1)"b." The construction permit application shall contain an application for a case -by-case MACT determination for the major source. (2) Section 112(j) requirem ents. The owner or operat or of a new or existing major source of hazardous air pollutants which includes one or more stationary sources included in a source category or subcategory for which the

U.S. Environmental Protec tion Agency has failed to promulgate an emission

standard within 18 months of the deadline establis hed under 112(d) must submit an application for a Title V permi t or an application for a significant permit modification or for an admin istrative amendment, whichever is applicable. The application must be made in accordance with procedures established under Title V, by the sect ion 112(j) deadline. In addition, the owner or operator of a new emission unit may submit an application for a Notice of MACT Approval before construction.

c. Reserved.

d. Compliance Extensions for Early R eductions of Hazardous Air Pollutants. Compliance extensions for early reductions of hazardous air pollutants are available to certain owners or operators of an existing source who wish to obtain a compliance

extension from a standard issued under Section 112(d) of the Act. (Part 63, Subpart D)

e. Reserved.

f. Emission Standards for Or ganic Hazardous Air Pollut ants from the Synthetic Chemical Manufacturing Industry. These st andards apply to chemical manufacturing process units that are part of a major s ource. These standards include applicability provisions, definitions and other general provisions that are applicable to Subparts F, G, and H of 40 CFR 63. (Part 63, Subpart F)

g. Emission Standards for Organic Hazard ous Air Pollutants fr om the Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater. These standar ds apply to all process vents, storage vessels, transfer racks, and wastewater stream s within a source subject to Subpart F of 40 CFR 63. (Part 63, Subpart G)

h. Emission Standards for Organic Ha zardous Air Pollutants for Equipment Leaks. These standards apply to emissi ons of designated organic hazardous air pollutants from specified proc esses that are located at a plant site that is a major source. Affected equipment includes: pumps, compressors, agitators, pressure relief devices, sampling connection systems, open-ended valves or lines, valves, connectors, surge control vessels, bottoms receivers, instrumentation systems and control devices or systems required by this subpart that are intended to oper ate in organic hazardous air pollutant service 300 hours or more during the calendar year within a source subject to the provisions of a specific subpart in 40 CFR Part 63. In organic hazardous airPage 54 of 104 Linn County Ordinance # 8-8-2012 pollutant or in organic hazardous air pollutant service means that a piece of equipment either contains or contacts a fluid (liquid or gas) that is at least 5 percent by weight of total organic hazardous air pollu tants as determined according to the provisions of 40 CFR Part 63.161. The provisions of 40 CFR Part 63.161 also specify how to determine that a piece of equipment is not in organic hazardous air pollutant service. (Part 63, Subpart H)

i. Emission Standards for Organic Ha zardous Air Pollutants for Certain Processes Subject to Negot iated Regulation for Equipm ent Leaks. These standards apply to emissions of designated organic ha zardous air pollutants from specified processes (defined in 40 CFR 63. 190) that are located at a pl ant site that is a major source. Subject equipment includes pumps , compressors, agitato rs, pressure relief devices, sampling connection systems, open-ended valves or lines, valves, connectors, surge control vessels, bottoms receivers, and instrumentation systems at certain source categories. These standards establish the app licability of Subpart H fo r sources that are not classified as synthetic organic chemical manufacturing industries. (Part 63, Subpart I)

j. Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production. This standard applies to a polyvinyl chloride (PVC) or copolymer production facility that is located at, or is part of, a major source of hazardous air pollutant (HAP) emissions . (Part 63, Subpart J)

k. Reserved.

l. Emission Standards for Coke Oven Batteries. These standards apply to existing coke oven batteries, including by-p roduct and non-recovery coke oven batteries and to new coke oven batteries, or as def ined in the subpart. (Part 63, Subpart L)

m. Perchloroethylene Air Emission Standar ds for Dry Cleaning Facilities. These standards apply to the owner or operator of each dry cleani ng facility that uses perchloroethylene (also known as perc). Ne w and existing major source dry cleaning facilities are required to control emissions to the level of the maximum achievable control technology (MACT), and must use stat e-of-the-art equipment, as specified in the federal regulations, to detect and repair perc leaks from dry cleaning machines. New and existing area source dry cleaning facilities are required to control emissions to the level specified in the federal regulations . New area sources that are located in residential buildings and that commence operation after July 13, 2006, are prohibited from using perc. New area sources located in residential buildings that commenced operation between December 21,2005, and July 13, 2006, must install the emission control equipment as specified in the feder al regulations, conduct weekly inspection and repair of equipment leaks, and eliminate all us e of perc by July 27, 2009. Existing area sources located in residential buildings must conduct enhanced leak detection and repair as specified in the federal regulations and eliminate all use of perc by December 21, 2020. New area sources that are not located in resident ial buildings are prohibited from using transfer machi nes, and must conduct inspection and repair of equipment leaks as specified in the feder al regulations. Existing area sources that are not located in residential buildings must also conduct the specified leak det ection and repair and arePage 55 of 104 Linn County Ordinance # 8-8-2012 prohibited from operating transfer machines a fter July 27, 2008. (Part 63, Subpart M as amended through July 27, 2006, and co rrected on September 21, 2006)

n. Emission Standards for Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodi zing Tanks. These standards limit the discharge of chromium compound air emissions from existing and new hard chromium electroplating, decorative chromium elec troplating, and chromium anodizing tanks at major and area sources. (Part 63, Subpart N)

o. Emission Standards for Hazardous Air Pollutants for Ethylene Oxide Commercial Sterilization and Fumigation Oper ations. New and existing major source ethylene oxide commercial sterilization and fumi gation operations are required to control

emissions to the level of the maximum achi evable control technology (MACT). New and existing area source ethylene oxide commerc ial sterilization and fumigation operations are required to control emissions to the le vel achieved by generally available control technologies (GACT). Certain sources are exempt as descr ibed in 40 CFR 63.360. (Part 63, Subpart O)

p. Reserved.

q. Emission Standards for Hazardous Air Pollutants for Industrial Process Cooling Towers. These standards apply to a ll new and existing industrial process cooling towers that are operated with chromi um-based water treatment chemicals on or after September 8, 1994, and are either major sources or are integral parts of facilities that are major sources. (Part 63, Subpart Q)

r. Emission Standards for Hazardous Ai r Pollutants for Sources Categories: Gasoline Distribution: (Stage 1). These st andards apply to all existing and new bulk gasoline terminals and pipeline breakout stations that are major sources of hazardous air pollutants or are located at plant site s that are major sour ces. Bulk gasoline terminals and pipeline breakout stations lo cated within a cont iguous area or under common control with a refinery complying wi th 40 CFR Subpart CC are not subject to 40 CFR Subpart R standards. (Part 63, Subpart R)

s. Emission Standards for Hazardous Air Pollutants for Pulp and Paper (Noncombustion). These standards apply to pulping and bleaching process sources at kraft, soda, sulfite, and stand-alone semi-chem ical pulp mills. Affected sources include pulp mills and integrated mills (mills that manufacture pulp and paper/paperboard) that chemically pulp wood fiber (using kraft, sulfit e, soda, or semi-chemical methods); pulp secondary fiber; pulp non-wood fiber; and mec hanically pulp wood fiber. (Part 63, Subpart S)

t. Emission Standards for Hazardous Ai r Pollutants: Halogenated Solvent Cleaning. These standards require batch vapor solvent cleaning machines and in-line solvent cleaning machines to meet emissi on standards reflecting the application of maximum achievable control technology (M ACT) for major or area sources; area source batch cold cleaning machines are requi red to achieve generally available control technology (GACT). The subpart regulates t he emissions of the following halogenatedPage 56 of 104 Linn County Ordinance # 8-8-2012 hazardous air pollutant solvents: me thylene chloride, perchloroethylene, trichloroethylene, 1,1,1-trichl oroethane, carbon tetrachloride, and chloroform. (Part 63, Subpart T)

u. Emission Standards for Hazardous Air Pollutant Emissions: Group I Polymers and Resins. Applicable to existing and new ma jor sources that emit organic hazardous air pollutants (HAP) during the manufacture of one or more elastomers, including but not limited to producers of butyl rubber, halo butyl rubber, epichlorohydrin elastomers, ethylene propylene rubber, Hypalon TM , neoprene, nitrile but adiene rubber, nitrile butadiene latex, polybutadiene rubber/styrene butadiene rubber by solution, polysulfide rubber, styrene butadiene rubber by emulsion , and styrene butadiene latex. MACT is required for major sources. (Part 63, Subpart U)

v. Reserved.

w. Emission Standards for Hazardous Air Pollutants for Epoxy Resins Production and Nonnylon Polyamides Producti on. These standards apply to all existing, new and reconstructed manufactu rers of basic liquid epoxy resins and manufacturers of wet strength resins that ar e located at a plant site that is a major source. (Part 63, Subpart W)

x. National Emission Standards for Haza rdous Air Pollutant s from Secondary Lead Smelting. These standards apply to all ex isting and new secondary lead smelters sources which use blast, reverberatory, rotary , or electric smelting furnaces for lead recovery of scrap lead that are located at ma jor or area sources. The provisions apply to smelting furnaces, refining kettles, agglomer ating furnaces, dryers, process fugitive sources, and fugitive dust. Excluded from t he rule are primary lead smelters, lead refiners, or lead remelters. Hazardous air pollutants regulated under this standard include, but are not limited to, lead com pounds, arsenic compounds, and 1,3-butadiene. (Part 63, Subpart X)

y. Emission Standards for Marine Tank Ve ssel Tank Loading Operations. This standard requires existing and new major source s to control emissions using maximum achievable control technology (MACT) to control hazardous air pollutants (HAP). (Part 63, Subpart Y).

z. Reserved.

aa. Emission Standards for Hazardous Air Pollutants for Phosphoric Acid Manufacturing. These standards apply to all new and existing major sources of phosphoric acid manufacturing. Affected proc esses include, but are not limited to, wet process phosphoric acid process lines, superphosphoric acid process lines, phosphate rock dryers, phosphate rock calciners, and purifi ed phosphoric acid process lines. (Part 63, Subpart AA)

bb. Emission Standards for Hazardous Air Pollutants for Phosphate Fertilizers Production. These standards apply to all new and existing major sources of phosphate fertilizer production plants. Affected proc esses include, but are not limited to,Page 57 of 104 Linn County Ordinance # 8-8-2012 diammonium and monoammonium phosphate process lines, granular triple superphosphate process lines, and granular tr iple superphosphate storage buildings. (Part 63, Subpart BB)

cc. National Emission Standards for Haza rdous Air Pollutants: Petroleum Refineries. These standards apply to petro leum refining process units and colocated emissions points at new and existing major s ources. Affected sources include process vents, equipment leaks, stor age vessels, transfer operations , and wastewater streams. The standards also apply to marine tank ve ssel and gasoline loadin g racks. Excluded from the standard are catalyst regeneration from catalytic cracking units and catalytic reforming units, and vents from sulfur reco very units. Compliance with the standard includes emission control and prev ention. (Part 63, Subpart CC)

dd. Emission Standards for Hazardous Ai r Pollutants for Off-Site Waste and Recovery Operations. This rule applies to major sources of HAP emissions which receive certain wastes, used oil, and used solv ents from off-site lo cations for storage, treatment, recovery, or disposal at the facilit y. Maximum achievable control technology (MACT) is required to reduce HAP emissi ons from tanks, surface impoundments, containers, oil-water separators, indi vidual drain systems and other material conveyance systems, process vents, and equipm ent leaks. Regulated entities include

but are not limits to busine sses that operate any of t he following: hazardous waste treatment, storage, and disposal facilities; Resource Conservation and Recovery Act (RCRA) exempt hazardous wastewater treat ment facilities other than publicly owned treatment works; used solvent recovery plants; RCRA exempt hazardous waste recycling operations; used oil re-refineries. T he regulations also apply to federal agency facilities that operate any of the waste management or reco very operations. (Part 63, Subpart DD)

ee. Emission Standards for Magnetic T ape Manufacturing Operations. These standards apply to each new and existing magnetic tape manufacturing operation located at a major source of hazardous air pollutant emissions. (Part 63, Subpart EE)

ff. Reserved.

gg. National Emission Standards for Ha zardous Air Pollutants for Source Categories: Aerospace Manufacturing and Rework Facilities. These standards apply to major sources involved in the manufacture, repair, or rework of aerospace components and assemblies, including but not limited to ai rplanes, helicopters, missiles, and rockets for civil, commercial, or m ilitary purposes. Hazardous air pollutants regulated under this standard include chromium, cadmiu m, methylene chloride, toluen e, xylene, methyl ethyl ketone, ethylene glycol, and glycol ethers. (Part 63, Subpart GG)

hh. Emission Standards for Hazardous Air Pollutants for Oil and Natural Gas Production. These standards apply to a ll new and existing major sources of oil and natural gas production. Affected sources incl ude, but are not limited to, processing of liquid or gaseous hydrocarbons, such as ethane, propane, butane, pentane, natural gas, and condensate extracted from field natural gas. (Part 63, Subpart HH)Page 58 of 104 Linn County Ordinance # 8-8-2012 ii. Emission Standards for Hazardous Ai r Pollutants for Sh ipbuilding and Ship Repair (Surface Coating) Operations. Requires existing and new major sources to control hazardous air pollutant (HAP) emissi ons using the maximum achievable control technology (MACT). (Part 63, Subpart II)

jj. Emission Standards for Hazardous Air Pollutants for Hazar dous Air Pollutant (HAP) Emissions from Wood Furniture Manuf acturing Operations. These standards apply to each facility that is engaged, either in part or in whole, in the manufacture of

wood furniture or wood furnitur e components and that is located at a plant site that is a major source. (Part 63, Subpart JJ)

kk. Emission Standards for Hazardous Air Pollutants for the Printing and Publishing Industry. Existing and new major s ources are required to control hazardous air pollutants (HAP) using the maximum achievable control technology (MACT). Affected units are publication rotogravure, product and packaging rotogravure, or wideweb flexographic printing. (Part 63, Subpart KK)

ll. Emission Standards for Primary Aluminum Reduction Plants. These standards apply to each new or existing pot line, paste production plant, or anode bake furnace associated with a primary alumi num reduction plant, and for each new pitch storage tank associated with a primary aluminum reducti on plant, except existing

furnaces not located on the same site as the primary aluminum reduction plant. (Part 63, Subpart LL)

mm. Emission Standards for Hazardous Ai r Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfit e, and Stand-Alone Semichemical Pulp Mills. (Part 63, Subpart MM)

nn. Reserved

oo. Emission standards for tanks – leve l 1. These provisions apply when another paragraph under this rule references the use of th is paragraph for such air

emission control. These air emission st andards are placed here for administrative convenience and only apply to those owners and operators of facilitie s subject to the referencing paragraph. The provisions of paragraph 10.9(4)"a," general provisions (Subpart A), do not apply to this paragraph ex cept as specified in a referencing paragraph. (Part 63, Subpart OO)

pp. Emission Standards for Containers. These provisions apply when another paragraph under this rule references the us e of this paragraph for such air emission

control. These air emission standards are placed here for administrative convenience and only apply to those owners and operators of facilities subject to the referencing paragraph. The provisions of paragraph 10.9(4)"a," general provisions (Subpart A), do not apply to this paragraph except as specif ied in a referencing paragraph. (Part 63, Subpart PP)

qq. Emission Standards for Surface Im poundments. These pr ovisions apply when another paragraph under this rule referenc es the use of this paragraph for suchPage 59 of 104 Linn County Ordinance # 8-8-2012 air emission control. These air emission standards are placed here for administrative convenience and only apply to those owners and operators of facilitie s subject to the referencing paragraph. The provisions of paragraph 10.9(4)"a," general provisions (Subpart A), do not apply to this paragraph ex cept as specified in a referencing paragraph. (Part 63, Subpart QQ)

rr. Emission Standards for Individual Drain S ystems. These provisions apply when another paragraph under this rule referenc es the use of this paragraph for such

air emission control. These air emission standards are placed here for administrative convenience and only apply to those owners and operators of facilitie s subject to the referencing paragraph. The provisions of paragraph 10.9(4)"a," general provisions (Subpart A), do not apply to this paragraph ex cept as specified in a referencing paragraph. (Part 63, Subpart RR)

ss. Emission Standards for Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process. These provisions apply when another paragraph under this rule references the use of th is paragraph for such air

emission control. These air emission st andards are placed here for administrative convenience and only apply to those owners and operators of facilitie s subject to the referencing paragraph. The provisions of paragraph 10.9(4)"a," general provisions, (Subpart A), do not apply to this paragraph ex cept as specified in a referencing paragraph. (Part 63, Subpart SS)

tt. Emission Standards for Equipment Leaks – Control Level 1. These provisions apply to the control of air emissions from equipment leaks for which another paragraph

under this rule references the use of this paragraph for such emission control. These air emission standards for equipment lea ks are placed here for administrative convenience and only apply to those owners and operators of facilitie s subject to the referencing paragraph. The provisions of paragraph 10.9(4)"a," general provisions, (Subpart A), do not apply to this paragraph except as specified in a reference paragraph. (Part 63, Subpart TT)

uu. Emission Standards for Equipment Leaks – Control Level 2 Standards. These provisions apply to t he control of air emissions fr om equipment leaks for which another paragraph under this rule references the use of th is paragraph for such air

emission control. These air emission standard s for equipment leaks are placed here for administrative convenience and only apply to those owners and operators of facilities subject to the referencing paragraph. The provisions of paragraph 10.9( 4)"a," general provisions (Subpart A), do not apply to this paragraph except as specified in a referencing paragraph. (Part 63, Subpart UU)

vv. Emission Standards for Oil-water S eparators and Organic-wa ter Separators. These provisions apply when another paragraph under this rule references the use of this paragraph for such air emission control. These air emission standards are placed

here for administrative convenience and only apply to those owners and operators of facilities subject to the referencing paragraph. The provisions of paragraph 10.9(4)"a," general provisions (Subpart A), do not apply to this paragraph except as specified in a referencing paragraph. (Part 63, Subpart VV)Page 60 of 104 Linn County Ordinance # 8-8-2012 ww. Emission Standards for Storage Vessels (Tanks) – Control Level 2. These provisions apply to the control of air emi ssions from storage vessels for which another paragraph under this rule references the us e of this paragraph for such air emission

control. These air emission standards for storage vessels are placed here for administrative convenience and only apply to those owners and operators of facilities subject to the referencing paragraph. The provisions of paragraph 10.9( 4)"a," general provisions, (Subpart A), do not apply to th is paragraph except as specified in a referencing paragraph. (Part 63, Subpart WW)

xx. Emission Standards for Ethylene M anufacturing Process Units: Heat Exchange Systems and Waste O perations. This standard applies to hazardous air pollutants (HAPs) from heat exchange systems and waste streams at new and existing ethylene production units. (Part 63, Subpart XX).

yy. Emission Standards for Hazardous Air Pollutants: Generic Maximum Achievable Control Technology (Generic MA CT). These standards apply to new and existing major sources of acetal resins (AR) production, acrylic and modacrylic fiber (AMF) production, hydrogen fluoride (H F) production and polycarbonate (PC) production. Affected processes include, but are not limited to, producers of homopolymers and copolymers of alternating oxymethylene units, acrylic fiber, modacrylic fiber synthetics composed of acry lonitrile (AN) units, hydrogen fluoride and polycarbonate. (P art 63, Subpart YY)

zz . Reserved.

aaa. to bbb. Reserved.

ccc. Emission Standards for Hazardous Air Pollutants for Steel Pickling – HCl Process Facilities and Hydrochloric Acid Re generation Plants. Unless exempted, these standards apply to all new and existing major sour ces of hydrochloric acid process steel pickling facilities and hydrochlor ic acid regeneration plants. Affected processes include, but are not limited to, equipment and tanks configured for the pickling process, including the immersion, drain and rinse tanks and hydr ochloric acid regener ation plants. (Part 63, Subpart CCC)

ddd. Emission Standards for Hazardous Air Pollutants for Mineral Wool Production. These standards apply to all new and existing major sources of mineral wool production. Affected processes includ e, but are not limited to, cupolas and curing ovens. (Part 63, Subpart DDD)

eee. Emission Standards for Hazardous Air Pollutants from Hazardous Waste Combustors. These standards apply to all hazardous waste combustors: hazardous waste incinerators, hazardous waste burning cement kilns, hazardous waste burning lightweight aggregate kilns, haz ardous waste solid fuel boilers, hazardous waste liquid fuel boilers, and hazardous waste hydrochloric acid production furnaces, except as provided in Subpart EEE. Both area source s and major sources are subject to thisPage 61 of 104 Linn County Ordinance # 8-8-2012 subpart as of April 19, 1996, and are subject to the requirem ent to apply for and obtain a Title V permit. (Part 63, Subpart EEE)

fff. Reserved.

ggg. Emission Standards for Hazardous Air Pollutants for Pharmaceutical Manufacturing. These standards apply to producers of finish ed dosage forms of drugs, for example, tablets, capsules, and solutions , that contain an active ingredient generally, but not necessarily, in association with inac tive ingredients. Pharmaceuticals include components whose intended primary use is to fu rnish pharmacological activity or other direct effect in the diagnosis, cure, mitigation, treatment, or prevention of disease, or to affect the structure or any function of the body of hum ans or other animals. The regulations do not apply to research and dev elopment facilities. (Part 63, Subpart GGG)

hhh. Emission Standards for Hazar dous Air Pollutants for Natural Gas Transmission and Storage. These standards apply to all new and existing major sources of natural gas trans mission and storage. Natural gas transmission and storage facilities are those that transpor t or store natural gas prior to its entering the pipeline to a local distribution company. Affected source s include, but are not limited to, mains, valves, meters, boosters, regulators, stor age vessels, dehydrators, compressors, and delivery systems. (Part 63, Subpart HHH)

iii. Emission Standards for Hazardous Ai r Pollutants for Flexible Polyurethane Foam Production. These standards apply to producers of slabstock, molded, and rebond flexible polyurethane foam. The regulations do not apply to processes dedicated exclusively to the fabrication (i.e ., gluing or otherwise bonding foam pieces together) of flexible polyur ethane foam or to research and development. (Part 63, Subpart III)

jjj. Emission Standards for Hazardous Air Pollutants: Group IV Polymers and Resins. Applicable to existing and new ma jor sources that emit organic HAP during the manufacture of the following polymers and resins: acrylonitrile butadiene styrene resin (ABS), styrene acrylonitrile resin (SAN), me thyl methacrylate acrylonitrile butadiene styrene resin (MABS), methyl methacrylate butadiene styrene resin (MBS), polystyrene resin, poly (ethylene terephthalate) resin (PET), and nitrile resin. MACT is required for all major sources. (Part 63, Subpart JJJ)

kkk. Reserved.

lll. Emission Standards for Hazardous Air Pollutants for Portland Cement Manufacturing Operations. These standards apply to all new and existing major and

area sources of Portland cem ent manufacturing unless exem pted. Cement kiln dust (CKD) storage facilities, including CKD pile s and landfills, are excluded from this standard. Affected processes in clude, but are not limited to, a ll cement kilns and in-line kiln/raw mills, unless they burn haz ardous waste. (Part 63, Subpart LLL)Page 62 of 104 Linn County Ordinance # 8-8-2012 mmm. Emission Standards for Hazardous Air Pollutants for Pesticide Active Ingredient Production. These standards apply to all new and existing major sources of pesticide active ingredient production that manufacture organic pesticide active ingredients (PAI), including herbi cides, insecticides and fungici des. Affected processes include, but are not limited to, processi ng equipment, connected piping and ducts, associated storage vessels, pumps, compressors , agitators, pressure relief devices, sampling connection systems, open-ended valves or lines, valves and connectors. Exempted sources include research and development facilities, storage vessels already subject to another 40 CFR Part 63 NESHAP, production of ethylene, storm water from segregated sewers, water from fire-fighting and deluge syst ems (including testing of such systems) and various spills. (Part 63, Subpart MMM)

nnn. Emission Standards for Hazardous Air Pollutants for Wool Fiberglass Manufacturing. These standards apply to all new and existing major sources of wool fiberglass manufacturing. Affected processes include, but are not limited to, all glassmelting furnaces, rotary spin (RS) m anufacturing lines that produce bonded building insulation, flame attenuation (FA) manufactu ring lines producing bonded pipe insulation and new FA manufacturing lines producing bonded heavy-density products. (Part 63, Subpart NNN)

ooo. Emission Standards for Hazardous Air Pollutants for Amino/Phenolic Resins Production. These standards apply to new or existing facilities that own or operate an amino or phenolic resins produc tion unit. (Part 63, Subpart OOO)

ppp. Emission Standards for Hazardous Air Pollutants for Polyether Polyols Production. These standards apply to all new and existing major sources of polyether polyols. Polyether polyols are compounds formed through polymerization of ethylene oxide, propylene oxide or other cyclic ethers with compounds having one or more reactive hydrogens to form polyethers. Affe cted processes include, but are not limited to, storage vessels, process vents, heat exchange systems, equipment leaks and wastewater operations. (Part 63, Subpart PPP)

qqq. Emission Standards for Hazardous Air Pollutants for Primary Copper Smelting. This standard applies to a new or existing primary copper smelter that is (or is part of) a major source of hazardous air pollutant (HAP) emissions. (Part 63, Subpart QQQ)

rrr. Emission Standards for Hazardous Air Pollutants for Secondary Aluminum Production. (Part 63, Subpart RRR).

sss. Reserved.

ttt. Emission Standards for Hazardous Air Pollutants for Primary Lead Smelting. These standards apply to all new and existing major sources of primary lead smelting. Affected processes include, but are not limit ed to, sintering machines, blast furnaces, dross furnaces and process fugitive sources. (Part 63, Subpart TTT)Page 63 of 104 Linn County Ordinance # 8-8-2012 uuu. Emission Standards for Hazardous Ai r Pollutants for Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Recovery Units. This standard applies to a new or existing petroleum refinery that is located at a major source of hazardous air pollutants (H APs) emissions. (Part 63, Subpart UUU)

vvv. Emission Standards for Hazardous Ai r Pollutants Publicly Owned Treatment Works (POTW). These standards apply to new or reconstructed nonindustrial POTW and industrial POTW. (Part 63, Subpart VVV)

www. Reserved.

xxx. Emission Standards for Hazardous Ai r Pollutants for Ferroalloys Production: Ferromanganese and Silicomanganese. These standards apply to all new and existing major sources of ferroalloys producti on of ferromanganese and silicomanganese. Affected processes include, but are not limited to, submerged ar c furnaces, metal oxygen refining (MOR) processes, crushing and screening operations, and fugitive dust sources. (Part 63, Subpart XXX)

yyy. to zzz. Reserved.

aaaa. Emission Standards for Hazardous Ai r Pollutants: Municipal Solid Waste Landfills. This standard applies to existing and new municipal solid waste (MSW) landfills. (Part 63, Subpart AAAA)

bbbb. Reserved.

cccc. Emission Standards for Hazardous Air Pollutants for the Manufacturing of Nutritional Yeast. (Part 63, Subpart CCCC)

dddd. Emission Standards for Hazardous Air Pollutants for Plywood and Composite Wood Products (formerly Plywo od and Particle Board Manufacturing). These standards apply to new and existing major sources with equipment used to manufacture plywood and composite wood produc ts. This equipment includes dryers, refiners, blenders, formers, presses, board coolers, and ot her process units associated with the manufacturing process. This also includes coati ng operations, on-site storage and wastewater treatment. However, only cert ain process units (defined in the federal rule) are subject to control or work practice requirem ents. (Part 63, Subpart DDDD)

eeee. Emission Standards for Hazardous Air Pollutants for Organic Liquids Distribution (Non-Gasoline). These standards apply to new and existing major source organic liquids distribution (non-gasoline). These standar ds apply to new and existing major source organic liquids distribution ( non-gasoline) operations , which are carried out at storage terminals, refineries, crude oil pipeline stations, and various manufacturing facilities. (Part 63, Subpart EEEE)

ffff. Emission Standards for Hazardous Air Pollutants for Miscellaneous Organic Chemical Manufacturing (MON). These sta ndards establish emission limits and work practice standards for new and existing major sources with miscellaneous organicPage 64 of 104 Linn County Ordinance # 8-8-2012 chemical manufacturing process units, wa stewater treatment and conveyance systems, transfer operations, and associated ancil lary equipment. (Part 63, Subpart FFFF)

gggg. Emission Standards for Hazardous Ai r Pollutants for Solvent Extraction for Vegetable Oil Production. (Part 63, Subpart GGGG)

hhhh. Emission Standards for Hazar dous Air Pollutants for Wet-Formed Fiberglass Mat Production. This standar d applies to wet-formed fiberglass mat production plants that are major sources of hazardous air pollutants. These plants may be stand-alone facilities or located with asphal t roofing and processing facilities. (Part 63, Subpart HHHH)

iiii. Emission Standards for Hazardous Air Pollutants for Surface Coating of Automobiles and Light-Duty Trucks. These standards apply to new, reconstructed, or existing affected sources, as defined in the standard that are located at a facility which applies topcoat to new automobile or new lig ht-duty truck bodies or body parts for new automobiles or new light-duty tr ucks, and that is a major source, is located at a major soruce, or is part of a major source of emis sions of hazardous air pol lutants. Additional applicability criteria and exempt ions from these standards may apply. (Part 63, Subpart IIII)

jjjj. Emission Standards for Hazardous Air Pollutants: Paper and Other Web Coating. This standard applies to a facilit y that is engaged in the coating of paper, plastic film, metallic foil, and other web surfac es located at a major source of hazardous air pollutant (HAP) emissions . (Part 63, Subpart JJJJ)

kkkk. Emission Standards for Hazardous Air Pollutants for Surface Coating of Metal Cans. These standards apply to a meta l can surface coating operation that uses at least 5,700 liters (1,500 gallons (gal)) of coatings per year and is a major source, is located at a major source, or is a part of a major source of hazardous air pollutant emissions. Coating operations located at an area source are not subject to this rule. Additional applicability criteria and exempti ons from these standards may apply. (Part 63, Subpart KKKK)

llll. Reserved.

mmmm. Emission Standards for Hazardous Air Pollutants for Surface Coating of

Miscellaneous Metal Parts and Products. These standards apply to miscellaneous metal parts and products surface coating major s ource facilities, or is located at a major source, or is part of a major source of hazardous air pollutant emissions. A miscellaneous metal parts and products surface coat ing facility that is located at an area source is not subject to this standard. Ce rtain sources are exempt as described in the standard. (Part 63, Subpart MMMM)

nnnn. Emission Standards for Hazardous Air Pollutants: Surface Coating of Large Appliances. This standard applies to a facility that applies coatings to large appliance parts or products, and is a major sour ce, is located at a major source, or is part of a major source of emissions of hazardous air pollutants (HAPs). The largePage 65 of 104 Linn County Ordinance # 8-8-2012 appliances source category includes facilitie s that apply coatings to large appliance parts or products. Large appliances include "whi te goods" such as ovens, refrigerators, freezers, dishwashers, laundry equipment, tr ash compactors, water heaters, comfort furnaces, electric heat pumps and most HVAC equipment intended for any application. (Part 63, Subpart NNNN)

oooo. Emission Standards for Hazardous Air Pollutants for Printing, Coating, and Dyeing of Fabrics and Other Textiles. These standards apply to new and existing

facilities with fabric or other textile coating, printing, sl ashing, dyeing, or finishing operations, or group of such operations, t hat are a major sour ce of hazardous air pollutants or are part of a fac ility that is a major source of hazardous air pollutants. Coating, printing, slashing, dyeing, or fini shing operations located at an area source are not subject to this standard. Several exclusions from this source category are listed in the standard. (Part 63, Subpart OOOO)

pppp. Emission Standards for Hazardous Air Pollutants for Surface Coating of Plastic Parts and Products. This standard applie s to plastic parts and products surface coating facilities. Plastic parts and products include, but are not limited to, plastic components of the following types of products as well as the products themselves: motor vehicle parts and accessories for aut omobiles, trucks, recreational vehicles; sporting and recreational goods; toys; bus iness machines; laboratory and medical equipment; and household and other consumer products. Surface coating is the application of coating to a subs trate using, for example, sp ray guns or dip tanks. When application of coating to a substrate occurs, then surfac e coating also includes associated activities, such as surface pr eparation, cleaning, mixing, and storage. Several exclusions from this category are listed in the standard. (Part 63, Subpart PPPP)

qqqq. Emission Standards for Hazardous Air Pollutants for Surface Coating of Wood Building Products. These standards es tablish emission limitations, operating limits, and work practice requirements fo r wood building products surface coating facilities that use at least 1,100 gallons of coatings per year and are a major source, located at a major source, or are part of a major source of hazardous air pollutant emissions. Wood building products surface coat ing facilities located at an area source are not subject to this standard. Several exclusions from th is source category are listed in the standard. (Part 63, Subpart QQQQ)

rrrr. Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Furniture. This standard applie s to a metal furniture surfac e coating facility that is a major source, is located at a major source , or is part of a ma jor source of HAP emissions. A metal furniture surface coating fa cility is one that applies coatings to metal furniture or components of metal furnitur e. Metal furniture means furniture or components that are constructed either entirely or partially from metal. (Part 63, Subpart RRRR)

ssss. Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Coil. This standard requires that all new and existing "major" air toxics sources in the metal coil coating industry meet specific emission limits. Metal coil coating is thePage 66 of 104 Linn County Ordinance # 8-8-2012 process of applying a coating (usually protecti ve or decorative) to one or both sides of a continuous strip of sheet metal. Industries using coated metal include: transportation, building products, appliances, can manufacturi ng, and packaging. Other products using coated metal coil include measuring tapes, ventilation systems for walls and roofs, lighting fixtures, office filing cabinets, c ookware, and sign stock material. (Part 63, Subpart SSSS)

tttt. Emission Standards for Hazardous Air Pollutants for Leather Finishing Operations. This standard applie s to a new or existing leather finishing operation that is a major source of hazardous air pollutants (HAPs ) emissions or that is located at, or is part of, a major source of HAP emissions. In general, a leather finishing operation is a single process or group of processes us ed to adjust and improve the physical and

aesthetic characteristics of the leather surface through multistage application of a coating comprised of dyes, pigments, film-forming materi als, and performance modifiers dissolved or suspended in liquid ca rriers. (Part 63, Subpart TTTT)

uuuu. Emission Standards for Hazardous Air Pollutants for Cellulose Products Manufacturing. This standard applies to a new or existing cellulose products manufacturing operation that is located at a major source of HAP emissions. Cellulose products manufacturing includes both t he miscellaneous viscose processes source category and the cellulose ethers production source category. (Part 63, Subpart UUUU)

vvvv. Emission Standards for Hazardous Ai r Pollutants for Boat Manufacturing. (Part 63, Subpart VVVV)

wwww. Emission Standards for Hazardous Air Pollutants: Reinforced Plastic Composites Production. This standard applies to a new or an existing reinforced plastic composites production facility that is located at a major source of HAP emissions. (Part 63, Subpart WWWW)

xxxx . Emission Standards for Hazar dous Air Pollutants: Rubber Tire Manufacturing. This standard applies to a r ubber tire manufacturing facility that is located at, or is a part of, a major source of hazardous air pollutant (HAP) emissions. Rubber tire manufacturing includes the producti on of rubber tires an d/or the production of components integral to rubber tires, the production of tire cord, and the application of puncture sealant. (Part 63, Subpart XXXX)

yyyy. Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines. These standards apply to stationary combustion turbines which are located at a major source of hazardous air pollutant emissions. Several subcategories have been defined within the stationary combustion turb ine source category. Each subcategory has distinct requirements as specified in the standards. These standards do not apply to stationary combustion turbines located at an area source of haz ardous air pollutant emissions. (Part 63, Subpart YYYY)

zzzz. Emission Standards for Hazar dous Air Pollutants for Stationary Reciprocating Internal Combustion Engi nes. These standards apply to new and existing major sources with stationary reciproc ating internal combustion engines (RICE).Page 67 of 104 Linn County Ordinance # 8-8-2012 These standards also apply to new and reconstr ucted RICE located at area sources. For purposes of these standards , stationary RICE means any reciprocating internal combustion engine which uses reciprocat ing motion to convert heat energy into mechanical work and which is not mobile. (Part 63, Subpart ZZZZ, as amended through April 20, 2006).

aaaaa. Emission Standards for Hazardous Air Pollutants for Lime Manufacturing Plants. These standards regulate hazardou s air pollutant emissions from new and existing lime manufacturing plants that ar e major sources, co-located with major sources or are part of major sources. Addi tional applicability criteria and exemptions from these standards may apply. (Part 63, Subpart AAAAA)

bbbbb. Emission Standards for Hazar dous Air Pollutants for Semiconductor Manufacturing. This standard applies to semic onductor manufacturing facilities that is a major source of hazardous air pollutants (HAP) em issions or that is located at, or is part of, a major source of HAP emi ssions. (Part 63, Subpart BBBBB)

ccccc. Emission Standards for Hazardous Air Pollutants for Coke Ovens: Pushing, Quenching, and Battery Stacks. This standard applies to a new or existing coke oven battery at a plant that is a major source of HAP emission s. (Part 63, Subpart CCCCC)

ddddd. Emission standards for Hazar dous Air Pollutants for Industrial, Commercial, and Institutional Boilers and Proc ess Heaters. These standards apply to new and existing major sources with industrial, commercial or institutional boilers and process heaters. . (P art 63, Subpart DDDDD)* * As of April 15, 2009, the adoption by reference of Part 63, Subpart DDDDD, is rescinded. On July 30, 2007, the United St ates Court of Appeals for the District

of Columbia Circuit issued its mandat e vacating 40 CFR 63, Subpart DDDDD, in its entirety, and requi ring EPA to re-promulgate final standards for industrial,

commercial or institutional boilers and process heaters at new and existing major

sources.

eeeee. Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries. These standards apply to each new or existing iron and st eel foundry that is a major source of hazardous air pollutant em issions. A new affected source is an iron and steel foundry for which construction or reconstruction began after December 23, 2002. An existing affected source is an iron and steel foundry for which construction or reconstruction began on or before Decemb er 23, 2002. (Part 63, Subpart EEEEE)

fffff. Emission Standards for Hazardous Air Pollutants for Integrated Iron and Steel Manufacturing. These standards apply to affected s ources at an integrated iron and steel manufacturing facility that is (or is part of) a major source of hazardous air pollutant emissions. The affected sources ar e each new or existing sinter plant, blast furnace, and basic oxygen process furnace (BOPF) shop at an integrated iron and steel manufacturing facility that is (or is part of ) a major source of hazardous air pollutant emissions. (Part 63, Subpart FFFFF)Page 68 of 104 Linn County Ordinance # 8-8-2012 ggggg. Emission Standards for Hazardous Ai r Pollutants: Site Remediation. These standards apply to new and existing majo r sources with certain types of site remediation activity on the source’s pr operty or on a contiguous property. These standards control hazardous air pollutant (H AP) emissions at major sources where remediation technologies and practices are us ed at the site to clean up contaminated environmental media (e.g., soil, groundwater, or surface water) or certain stored or disposed materials that pose a reasonab le potential threat to contaminate

environmental media. Some site remediations already regul ated by rules established under the Comprehensive Environmental Response and Compensation Liability Act (CERCLA) or the Resource Conservation and Recovery Act (RCRA) are not subject to these standards, as specified in S ubpart GGGGG. There are also exemptions for short-term

remediation and for certain l eaking underground storage tanks, as specified in Subpart GGGGG. (Part 63, Subpart GGGGG)

hhhhh. Emission Standards for Hazar dous Air Pollutants for Miscellaneous Coating Manufacturing. These standards est ablish emission limits and work practice requirements for new and existing miscella neous coating manufacturing operations, including but not limited to, process vesse ls, storage tanks, wastewater, transfer operations, equipment leaks, and heat exch ange systems. (Par t 63, Subpart HHHHH)

iiiii. Emission Standards for Mercury Em issions from Mercury Cell Chlor-Alkali Plants. These standards apply to the chlorine production source categor y. This source category contains the mercury cell chlor-alk ali plant subcategory and includes all plants engaged in the manufacturing of chlorine and caustic in mercury cells. These standards define two affected sources: Mercury cell ch lor-alkali production facilities, and mercury recovery facilities. (Part 63, Subpart IIIII)

jjjjj. Emission Standards for Hazardous Air Pollutants for Brick and Structural Clay Products Manufacturing. These standards apply to new and existing brick and structural clay products manufacturing facilities that are, are located at, or are part of, a major source of hazardous air pollutant emissions. . (Part 63, Subpart JJJJJ)* * As of April 15, 2009, the adoption by reference of Part 63, Subpart JJJJJ, is rescinded. On June 18, 2007, the United Stat es Court of Appeals for the District

of Columbia Circuit issued its mandate vacating 40 CFR 63, Subpart JJJJJ, in its entirety, and requiring EPA to re-promu lgate final standards for brick and structural clay products manufacturi ng at new and existing major sources.

kkkkk. Emission Standards for Hazar dous Air Pollutants for Clay Ceramics Manufacturing. These standards apply to clay ceramics manufacturing facilities that are, are located at, or are par t of, a major source of hazardous air pollutant emissions. The clay ceramics manufacturing source ca tegory includes those facilities that manufacture pressed floor tile, pressed wall tile, and other pressed tile; or sanitaryware, such as toilets and sinks. (Part 63, Subpart KKKKK)

lllll. Emission Standards for Hazardous Air Pollutants: Asphalt Processing and Asphalt Roofing Manufacturing. This standard applies to an existing or new asphalt processing or asphalt roofing manufacturing faci lity that is a major source of hazardousPage 69 of 104 Linn County Ordinance # 8-8-2012 air pollutants (HAPs) emissions, or is located at, or is part of a major source of HAP emissions. (Part 63, Subpart LLLLL)

mmmmm. Emission Standards for Hazar dous Air Pollutants: Flexible Polyurethane Foam Fabrication Operations. This standard appl ies to a new or existing source at a flexible polyurethane foam fabr ication facility. The standard defines two affected sources (units or collections of units to which a given stand ard or limit applies) corresponding to the two subcategories, loop slitter adhesive use or flame lamination. (Part 63, Subpart MMMMM)

nnnnn. Emission Standards for Hazardous Air Pollutants: Hydrochloric Acid Production. This standard applies to a new or existing HCl production facility that produces a liquid HCl product at a concentration of 30 weight percent or greater during its normal operations and is located at, or is part of, a major source of HAP. This does not include HCl production facilities that only occasionally produce liquid HCl product at a concentration of 30 weight percent or greater. (Par t 63, Subpart NNNNN)

ooooo. Reserved.

ppppp. Emission Standards for Hazardous Air Pollutants: Engine Test Cells / Stands. This standard applies to an engine test cell/stand that is located at a major source of HAP emissions. An engine test cell/stand is any apparatus used for testing uninstalled stationary or uninstalled mob ile engines. (Part 63, Subpart PPPP)

qqqqq. Emission Standards for Hazardous Air Pollutants for Friction Materials Manufacturing Facilities. This standard applies to a new or existing friction materials manufacturing facility that is (or is part of ) a major source of hazardous air pollutants (HAPs) emissions. Friction materials manufac turing facilities produce friction materials

for use in brake and clutch asse mblies. (Part 63, Subpart QQQQQ)

rrrrr. Emission Standards for Hazardous Air Pollutants: Taconite Ore Processing. This standard applie s to taconite iron ore processing plants that are (or are part of) a major source of hazardous air pollutant (HAP) emissions on the first compliance date that applies. (Part 63, Subpart RRRRR)

sssss. Emission Standards for Hazardous Air Pollutants for Refractory Products Manufacturing. This standard applies to a new or existing re fractory products manufacturing facility that is, is located at, or is part of, a major source of hazardous air pollutant (HAP) emissions . (Part 63, Subpart SSSSS).

ttttt. Emission Standards for Hazardous Air Pollutants for Primary Magnesium Refining. This standard applies to new and existing primary magnesium refineries that are (or are part of) a major s ource of hazardous air pollutant (HAP) emissions. (Part 63, Subpart TTTTT)

uuuuu – vvvvv. ReservedPage 70 of 104 Linn County Ordinance # 8-8-2012 wwwww. Emission Standards for Hazardous Air Pollutants for Hospital Ethylene

Oxide Sterilizer Area Sources. This st andard applies to a hospital that is an area source for hazardous air pollutant emissi ons and that owns or operates a new or existing ethylene oxide sterilization facility. (Part 63, Subpart WWWWW)

xxxxx. Reserved

yyyyy. Emission Standards for Hazardous Air Pollutants for Electric Arc Furnace Steelmaking Area Sources.

zzzzz. Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundry Area Sources. This standard appl ies to new or existing iron and steel

foundries that are area sources for hazardous air pollutant emissions. (Part 63, Subpart ZZZZZ)

aaaaaa. Reserved

bbbbbb. Emission Standards for Hazar dous Air Pollutants for Gasoline Distribution Area Sources: Bulk Terminals, Bu lk Plants and Pipeline Facilities. This standard applies to new and existing bulk gasolin e terminals, pipeline breakout stations, pipeline pumping stations and bulk gasoline plants that are area sources for hazardous air pollutant emissions. (Part 63, Subpart BBBBBB)

cccccc. Emission Standards for Hazardous Air Pollutants for Area Sources: Gasoline Dispensing Facilities. This standard applies to new and existing gasoline dispensing facilities (GDF) that are area sour ces for hazardous air pollutant emissions. The affected equipment includes each gasoline ca rgo tank during delivery of product to GDF and also includes each storage tank. The equipment used for refueling of motor

vehicles is not covered under these standards. (Part 63, Subpart CCCCCC)

dddddd – gggggg. Reserved

hhhhhh. Emission Standards for Hazardous Air Pollutants for Area Sources: Paint Stripping and Miscellaneous Surface Coat ing Operations. This standard applies to new or existing area sources of hazar dous air pollutants emissions that engage in any of the following activities: 1. Paint stri pping operations that use methylene chloride (MeCl)-containing paint stripping formulations; 2. Spray application of coatings to motor vehicles or mobile equipment; or 3. Spray application of coatings to plastic or metal substrate with coatings that contain co mpounds of chromium (Cr), lead (Pb), manganese (Mn), nickel (Ni) or cadmiu m (Cd). (Part 63, Subpart HHHHHH)

iiiiii – kkkkkk. Reserved

llllll. Emissions Standard fo r Hazardous Air Pollutants for Acrylic and Modacrylic

Fibers Production Area Sources. This standar d applies to acrylic or a modacrylic fibers production plants that ar e area sources for hazardous air pollutant emissions. (Part 63, Subpart LLLLLL)Page 71 of 104 Linn County Ordinance # 8-8-2012 mmmmmm. Emission Standards for Hazardous Air Pollutants for Carbon Black

Production Area Sources. Th is standard applies to carbon black production plants that are area sources for hazardous air po llutants. (Part 63, Subpart MMMMMM)

nnnnnn. Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Chromium Compounds Area Sour ces. This standard applies to plants that produce chromium compounds and are area sources for hazardous air pollutants. (Part 63, Subpart NNNNNN)

oooooo. Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam Production a nd Fabrication Area Sources. This standard applies to plants that produce flexible polyurethane foam or rebond foam, and plant s that fabricate polyurethane foam, that are area sources for hazardous air pollutants. This standard applies to both new and existing area sources. An affected source is existing if

construction or reconstruction commenced on or before April 4, 2007. An affected

source is new if construction or reconstruc tion commenced after April 4, 2007. (Part 63, Subpart OOOOOO)

pppppp. Emission Standards for Hazardous Air Pollutants for Lead Acid Battery Manufacturing Area Sources. This standard applies to lead acid battery manufacturing plants that are area sources fo r hazardous air pollutants. Affected sources include all grid casting facilities, paste mixing facilit ies, three-process operation facilities, lead oxide manufacturing facilities, lead reclam ation facilities, and any other lead-emitting operation that is associated with a lead acid manufacturing plant. This standard applies to both new and existing area sources. An affe cted source is existing if construction or reconstruction commenced after April 4, 2007. (Part 63, Subpart PPPPPP)

qqqqqq. Emission Standards for Hazardous Air Pollutants for Wood Preserving Area Sources. This standard applies to wo od preserving operations that are area sources for hazardous air pollutants. This standard applies to both new and existing

area sources. An affected source is ex isting if construction or reconstruction commenced on or before April 4, 2007. An a ffected source is new if construction or reconstruction commenced after April 4, 2007. (Part 63 , Subpart QQQQQQ)

rrrrrr. Emission Standards for Hazardous Air Pollutants for Clay Ceramics Manufacturing Area Sources. This standard applies to any new or existing clay ceramics manufacturing facility with an atomiz ed glaze spray booth or kiln that fires glazed ceramic ware, that proc esses more than 50 tons per y ear of wet clay, and that is an area source for hazardous air pollut ant emissions. (Part 63, Subpart RRRRRR)

ssssss

. Emission standards for hazardous air pollutants for glass manufacturing area sources. This standard applies to any new or existing glass manufacturing facility that is an area source for hazardous air po llutant emissions and meets the following criteria: (1) manufactures fl at glass, glass containers or pressed and blown glass by melting a mixture of raw materials to prod uce molten glass and form the molten glass into sheets, containers or other shapes; and (2) uses one or more continuous furnaces to produce glass at a rate of at least 50 to ns per year and that contains compounds ofPage 72 of 104 Linn County Ordinance # 8-8-2012 one or more "glass manufacturing metal HAP, " as defined in 40 CFR 63.11459, as raw materials in a glass manufacturing batch formulation. (Part 63, Subpart SSSSSS)

tttttt. Emission Standards for Hazardous Air Pollutants for Secondary Nonferrous Metals Processing Area Sources. This standard applies to any new or existing secondary nonferrous metals processing facility that is an area source for hazardous air pollutant emissions. This standard applies to all crushing and screening operations at a secondary zinc processing facility and to all furnace melting operations located at any secondary nonferrous metals processi ng facility. (Part 63, Subpart TTTTTT)

uuuuuu. Reserved

vvvvvv. Emission standards for hazardous air pollutants for area sources: chemical manufacturing. This standard app lies to chemical manufacturing at new and existing facilities that are area sources for haz ardous air pollutant emissions. (Part 63, Subpart VVVVVV)

wwwwww. Emission standards for hazardous air pollutants for area sources: plating and polishing. This standard applies to plating and polishing activities at new and existing facilities that are area sources for hazardous air pollutant emissions. (Part 63, Subpart WWWWWW)

xxxxxx. Emission standards for hazardous air pollutants for area sources: metal fabrication and finishing. This standard app lies to new and existing facilities in which the primary activity or activiti es at the facility is metal f abrication and finishing and that are area sources for hazardous air pollut ant emissions. (Part 63, Subpart XXXXXX)

yyyyyy – zzzzzz. Reserved

aaaaaaa – bbbbbbb. Reserved

ccccccc. Emission standards for hazardous air pollutants for area sources: paint and allied products manufacturing. This st andard applies to paint and allied products manufacturing at new and existing facilities that are area sources for hazardous air pollutant emissions. (P art 63, Subpart CCCCCCC)

ddddddd. Emission standards for hazardous air pollutants for area sources: prepared feeds manufacturing. This standar d applies to prepared feeds manufacturing that produces animal feed products (not in cluding feed for cats or dogs) and uses chromium or manganese compounds at new and exis ting facilities that are area sources for hazardous air pollutant emissi ons. (Part 63, Subpart DDDDDDD)

5. Emission Guidelines. Except as her eafter modified the emission guidelines regulations as adopted by the Iowa Departm ent of Natural Resources and promulgated as 567 Iowa Administrative Code, Chapter 23. 1(5), are hereby specif ically incorporated by reference and adopted as part of this ordinance.Page 73 of 104 Linn County Ordinance # 8-8-2012 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 ac tual physical stack height for any source. For the purpose of this subrule, definiti ons of "stack," "a stack in existence," "dispersion technique," "nearby" and "excessive concentration" as set forth in 40 CFR §§ 51.100(ff) through (hh), (jj) and (kk) as amended through June 14, 1996, are adopted by reference. a. "Good engineering practice (GEP) st ack height" means the greater of: (1) Sixty-five meters, measured from the ground level elevation at the base of the stack; or (2) For stacks in existence on January 12, 1979, and for which the owner and operator had obtained all applicable permits or approvals required under §10.5 and 40 CFR §52.21 as amended through June 13, 2007,

H g = 2.5H provided the owner or operator produces evidence that this equation was actually relied on in establishing an emission limitation; For all other stacks,

H g = H + 1.5L

where:

H g = good engineering practice stack hei ght, measured from the ground level

elevation at the bas e of the stack, H = height of nearby struct ure(s) measured fr om the ground level elevation at the base of the stack, L = lesser dimension, height or projected width, of nearby structure(s), provided that the Department may require the use of a fi eld study or fluid model to verify GEP stack height for the source; or (3) The height demonstrated by a fluid m odel or a field study approved by the Department, which ensures that the emi ssions from a stack do not result in excessive concentrations of any air pollutant as a result of atmospheric downwash, wakes, or eddy effects creat ed by the source itself, near by structures or nearby

terrain features. Public notification of t he availability of su ch study and opportunity for public hearing are required prio r to approval by the Department. b. The degree of emission lim itation 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 po llutant 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 param eters, stack parameters, or combined exhaust gases from several existing stacks into one stack; or other selectiv e handling of exhaust gas streams so as to increase gas plume rise. This rule is intended to impl ement Iowa Code section 455B.133.

10.10 Open Burning

A. No person shall allow, cause or permi t open burning of combustible materials, except as follows.Page 74 of 104 Linn County Ordinance # 8-8-2012 1. Open burning of the following types ma y be allowed provided a valid open burning permit is obtained.

a. Dangerous Materials. Fires for the di sposal of dangerous materials or for the prevention of a fire hazard when other al ternative methods of disposal are not available or impractical.

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 fire fighting methods. For the purpose of this subparagraph, "bona fide training" means training that is conducted accord ing to the National Fire Protection

Association 1403 Standard on Live Fire Trai ning Evolutions (2002 Edition), or a comparable training fire st andard. A training fire may be conducted, provided that all of the following conditions are met: 1. A training fire on a building is conduc ted with the building structurally intact 2. The training fire does not incl ude the controlled bur ning of a demolished building. 3. If the training fire is to be conducted on a building, written not ification must be provided to the Director and the Department on IDNR Form 542-8010, "Notification of an Iowa Training Fire-D emolition or a Controlled Burn of a Demolished Building," and mu st be postmarked or deliv ered to the Director at least ten working days before such action commences.

4. Notification shall be made in a ccordance with 40 CFR Section 61.145 as amended through January 16, 1991, which is the "Standard for Demolition

and Renovation" of the asbestos Nati onal Emission Standard for Hazardous

Air Pollutants. 5. All asbestos-containing material sha ll be removed prior to the training fire. 6. Asphalt shingles may be burned in a trai ning fire only if notification to the Director contains testing results indicati ng that none of the layers of asphalt shingles contain asbestos. During each ca lendar year, each fire department may conduct no more than two traini ng 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 compli ance with the above listed requirements before issuing the open burning permit. T he Air Pollution Control Officer may deny any training fire request based on fa ctors 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 bur ning of agricultural structures, provided that the open burning occurs on the prem ises, and for agricultural structuresPage 75 of 104 Linn County Ordinance # 8-8-2012 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 t he building to the Department prior to the open burning. All chemicals and asphalt shingl es shall be removed. All structures shall be inspected for suspect asbestos content by a state certified asbestos inspector. All asbestos-containing materi al shall be removed prior to burning. Burning shall be conducted only when we ather conditions are favorable with respect to surrounding property. Tires s hall not be used to ignite agricultural

structures. The asbestos National Emission Standard for Hazardous Air Pollutants (NESHAP), as amended th rough 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, "agric ultural 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. "Agricul tural structures," for asbestos NESHAP purposes, includes all of t he above, with the excepti on of a single residential structure on the premises having four or fewer dwel ling units, which has been used only for residential purposes.

d. Disaster Rubbish. The open burning of rubbish, including landscape waste, for the duration of the community disaster period in cases where an officially declared emergency condition exists.

e. Flare Stacks. The open burning or flar ing of waste gases, providing such open burning or flaring is conducted in comp liance with §10.7 of this ordinance.

f. Landscape Wastes. Fire s set for the disposal of landscape wastes including grass, leaves, weeds, trees, tree limbs, natural growth for land clearing, agricultural wastes, etc. providing these fires comply with §10.7 of this ordinance. However, the burning of landscape wast e produced in clearing, grubbing and construction operations shall be limited to areas located at least one-fourth mile from any building inhabited by other than the landowner or tenant conducting the open burning. Burning shall be conducted wh en weather conditions are favorable with respect to surrounding property. Rubber tires shall not be used to ignite landscape waste. The open burning of land scape waste is limited to the property where such waste is generated.

g. Ceremonial Burning. Fires for ce remonial/recreational purposes such as American Legion flag burning, pep rallies, reli gious ceremonies, etc. These fires must be under the legitimate sponsorship of a bona fide civic, fraternal, religious, educational, or similar organization and must comply with §§10.7 and 10.11 of

this ordinance.

h. Trees and Tree Trimmings. The open bur ning of trees and tree trimmings not originated on the premises provided that the burning site is operated by a localPage 76 of 104 Linn County Ordinance # 8-8-2012 governmental entity, the burning site is fenced and access is controlled, burning is conducted on a regularly scheduled bas is and is supervised at all times, burning is conducted only when weather condi tions are favorable with respect to surrounding property, and the burning site is limited to areas at least one-quarter mile from any inhabited buildi ng unless a written waiver in the form of an affidavit is submitted by the owner of the build ing 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 onl y 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 Departm ent may take appropriate action to secure relocation of the burning operati on. 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 ca se basis, through the issuing of an open burning permit, provided the Air Pollu tion 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 reas onable and practical as compared to other

alternatives available.

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

Officer.

Every application for an open burning permit r equired 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 re commended 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.

Open Burning Permits are valid provi ded the following conditions are met and

maintained:

a. The permit fee has been paid. Fees not paid in person shall be deemed paid on the date of mailing; b. Open burning permits must be signed by the Air Pollution Control Officer; c. Burning is authorized dur ing the dates stated on the permit which shall be for periods no less than thirty (30) days and no greater than one (1) year; d. Unless otherwise approved by the Fire Chief having jurisdiction, burning shall be conducted during the hours of one half hour after sunrise until one half hour before sunset. The Linn County Sheriff’ s Department shall be notified upon such approval by the permit applicant; e. Burning is conducted in a safe and r easonable manner so as not to endanger life or property; f. Fires must be attended by the permit applic ant or his/her agent at all times, this person shall have the burning permit in t heir possession at the time of burning;Page 77 of 104 Linn County Ordinance # 8-8-2012 g. The Air Pollution Control Officer sha ll 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 pr eviously 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.

3. The following types of open burning ar e exempt and may be conducted without an open burning permit.

a. Open burning used solely for cooking, heating, and/or other re creational activities. These fires must be no larger than three f eet in diameter and must burn charcoal or

untreated wood. Wood must also be free of all leaves, needles or other vegetative

matter. These fires mu st comply with §10.7.

b. Camp fires and outdoor fireplaces burning untreated wood material, when in association with camping out, cooking, or sim ilar related recreational activities provided that these fires comply with all other sect ions of this Ordinanc e 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 dwe llings 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 fi res for the disposal of household rubbish at dwellings of more than four family units.

d. Paper Seed Bags. The dispos al 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 one-fourth mile from any building inhabited by other than the landowner or tenant conducting the open burning, livestock area, wildlife area,

or water source. The am ount 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. However, when the burning of paper seed bags causes a nuisance, the Air Pollution Control Officer may take action to secu re relocation of t he burning operation.

e. Fire Extinguisher Training. 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 fire fighting 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 Trai ning Evolutions (2002 Edition), or a comparable training fire standard. A training fire may be conduc ted, provided that all of the following conditions are met:Page 78 of 104 Linn County Ordinance # 8-8-2012 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 sha ll be limited to diesel fuel, gasoline, or a

combination of both.

4. Variance from rules. Any person wishi ng to conduct open burning of materials not listed in 10.10(A)(1) may make application for a variance as specified in §10.15. In addition to requiring the information specified in §10.15, the Air Pollution Control Officer may require any person applying for a vari ance from the open burning rules to submit adequate documentation to allow the Air Poll ution Control Officer to assess whether granting the variance will hind er attainment of a National Ambient Air Quality Standard (NAAQS).

B. Unavailability of Exemptions in Certain Areas. Notwithstanding §10.10(A)(1)(f) and §10.10(A)(3)(c) of this ordinance, no per son shall allow, cause or permit the open burning of residential waste, in cluding landscape waste and leaves, within the city limits of Cedar Rapids, Hiawatha or Marion, Iowa.

1. Notwithstanding §10.10(A)(1)(f), and §10.10(A)(3)(c) of this ordinance, no person shall allow, c ause 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 incor porated. The effective date of this rule is January 1, 2009.

C. Any fire in violation of this Ordinance may be order ed extinguished by any agency designated by the Air Pollution Control Officer. This provision shall not limit the Air Pollution Control Officer from seeking penalt ies provided for in this Ordinance.

10.11 Emissions of Objectionable Odors

1. No person shall cause or permit t he emission of any objectionable odorous matter

into the ambient air.

2. Upon receipt of a legally petitioned co mplaint concerning odor, the Air Pollution Control Officer shall make an investigat ion as set forth in §10.11(3) below.

3. An objectionable odor will be deemed to be obj ectionable as defined in §10.2 of this Ordinance or when it has been substantiated by the Air Pollution Control Officer. The

Air Pollution Control Officer shall consider t he complaint valid when odor is detectable:

a. On or adjacent to residential, recr eational, or institutional, retail sales, hotel, premises, after ambient air is diluted with four (4) volumes of odor-free air;

b. On or adjacent to industrial premises , after ambient air is diluted with 20 volumes of odor-free air; andPage 79 of 104 Linn County Ordinance # 8-8-2012 c. On or adjacent to premises other than those her ein before designated after

ambient air is diluted with 8 volumes of odor-free air.

The sampling of ambient air to establish that an objectionable odor exists shall be at or beyond the property line of the emission sour ce or at or near a location of human habitation. For field measurements, dilution methods for determining odor

concentrations shall be in accordance with te st procedures employed in the use of the Barnebey-Cheney Scentometer M odel 1-3 or its equivalent.

4. If a violation is determined to exist, then the Air Pollution Control Officer shall by an appropriate order, require the el imination of said objectionab le odor in accordance with the installation, permitting, and variance procedures set forth in this Ordinance.

10.12 Sulfur Compounds

The provisions of this sect ion shall apply to any installation from which sulfur compounds are emitted in to the atmosphere.

1. Sulfur Dioxide fr om Use of Fuels.

a. No person shall allow, c ause, or permit the emission of sulfur dioxide into the atmosphere in an amount greater than 5 po unds of sulfur dioxide, maximum 2 hour average, per million Brit ish Thermal Units of heat input from any solid fuel-burning installation for any combination of fuels burned. b. No person shall allow, c ause, or permit the emission of sulfur dioxide into the atmosphere in an amount greater than 1.5 pounds of sulfur dioxide, maximum 2 hour average, per million Br itish Thermal Units of heat input from any liquid fuel-burning installation. c. No person shall allow, cause, or permit the combus tion of number 1 or number 2 fuel oil exceeding a sulfur c ontent of 0.5 percent by weight.

2. Other Processes Capable of Emitting Sulfur Dioxide. No person shall allow, cause, or permit the emission of sulf ur dioxide from any process, in excess of 500 parts per million, based on volume.

3. New Source Performance Standards Sources Capable of Emitting Sulfur Compounds.

All sources subject to New Source Pe rformance Standards shall conform to requirements of §10.9(2) of this Ordinance.

10.13 Fugitive Dust

(1) Attainment and Unclassified Areas. No person shall allow, c ause, or permit any materials to be handled, transported, or stor ed; or a building, its appurtenances, or a construction haul road to be used, constructed, altered, repaired, or demolished with the exception of farming operations or dust gener ated by ordinary travel on unpaved publicPage 80 of 104 Linn County Ordinance # 8-8-2012 roads, without taking reasonable precautions to prevent particulate matter as defined in Iowa Code section 657.1, from becomi ng airborne. All persons, with the above exceptions, shall take reas onable precautions to preven t the discharge of visible emissions of fugitive dusts beyond the lot li ne of the property on which the emissions originate. Reasonable prec autions may include, but are not limited to, the following procedures:

1. Use, where practical, of water or chemicals for control of dusts in the demolition of existing buildings or struct ures, construction operations, the grading of roads, or the clearing of land.

2. Application of suitable materials such as, but not limited to, asphalt, oil, water, or chemicals, on unpaved roads, material sto ckpiles, race tracks, and other surfaces which can give rise to airborne dusts.

3. Installation and use of containment or control equipment to enclose or otherwise limit the emissions resulting from the handling and transfer of dusty materials such as, but not limited to, gr ain, fertilizer, or limestone.

4. Covering, at all times when in motion, open-bodied vehicles transporting material likely to give rise to airborne dusts.

5. Prompt removal of ear th or other material from paved streets on to which earth or other material has been transport ed by trucking or earth-moving equipment, erosion by water, or other means.

6. Reducing the speed of vehicles tr aveling over on-property surfaces as necessary to minimize the generation of airborne dusts.

(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§10.9, 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 separat e requirement for fugitive

dust from such sources.

For guidance on the types of controls which may constitute reasonable precautions, see "Identification of Techniques for the Control of Industrial Fugitive Dust Emissions*," adopted by the State of Iowa Environmental Protection Commission on May 19, 1981.

* Available from the Department

10.14 Excess Emission

1. Excess Emission Reporting.Page 81 of 104 Linn County Ordinance # 8-8-2012 a. Excess emission during periods of star tup, shutdown, or cleaning of control equipment. Excess emission during a period of startup, shutdown, or cleaning of control equipment is not a viol ation of the emissi on standard if the st artup, shutdown or cleaning is accomplished exp editiously and in a manner consistent with good practice for minimizing emissions. Cleaning of cont rol equipment which does not require the shutdown of the process equipment shall be limited to a period or periods aggregating

not more than six minute s in any one hour period.

b. Initial Reports of Excess Emissions. An incident of excess emission (other than an

incident of excess emission dur ing startup, shutdown or cleaning) shall be reported to the Air Pollution Control Officer within eight hour s of, or at the start of the first working day following the onset of the incident. T he reporting exemption for an incident of excess emission during startup, shutdown or cleaning does not relieve the owner or operator of a source with continuous monitoring equipment of the obligation of submitting reports required in §10.17.

An initial report of excess emission is not required for a source which operates continuous monitoring equipment (as specified in §10.17) if the incident of excess emission continues for less than thirty mi nutes and does not exceed the applicable visible emission standard by mo re than ten percent opacity.

The initial report shall be made by electroni c mail (e-mail), in person, or by telephone and shall include as a minimum the following:

(1) The identity of the equi pment or source operati on from which the excess emission originated and the associ ated stack or emission point;

(2) The estimated quantity of the excess emission;

(3) The time and expected duration of the excess emission;

(4) The cause of the excess emission;

(5) The steps being taken to remedy the excess emission;

(6) The steps being taken to limit the excess emission in the interim period;

c. Written Report of Excess Emission. A written report of an incident of excess

emission shall be submitted to the Air Pollu tion Control Officer as a follow-up to all required initial reports, within seven days of the onset of t he incident and shall include as a minimum the following:

(1) The identity of the equipment sour ce operation from which the excess emission originated and the associ ated stack or emission point;

(2) The estimated quantity of the excess emission;

(3) The time and duration of the excess emissions;Page 82 of 104 Linn County Ordinance # 8-8-2012 (4) The cause of the excess emission;

(5) The steps that were taken to rem edy and to prevent the recurrence of the

incident of ex cess emission;

(6) The steps that were taken to limit the excess emission;

(7) If the owner claims that the ex cess emission was due to a malfunction, documentation to support this claim.

d. Excess Emissions. An incident of ex cess emission, other than an incident during startup, shutdown, or cleaning of control equipment, s hall be considered a violation of

this ordinance.

If the owner or operator of a source ma intains that the incid ent of excess emission was due to a malfunction, the owner or operat or must show that the conditions which

caused the incident of excess emission were not preventable by reasonable

maintenance and control measures. Dete rmination of any subsequent enforcement action will be made following a revi ew of this report. If ex cess emissions are occurring, either the control equipment causing the excess emissi on shall be repaired in an expeditious manner or the process generatin g the excess emission shall be shut down within a reasonable period of time. An expedit ious manner is the time necessary to

determine the cause of the excess emissi ons and to correct it within a reasonable period of time. A reasonable period of time is eight hours plus the period of time required to shut down the process without damaging the process equipment or control equipment. Additional time may be granted if conditions are such that an eight hour period can be shown to be impractical. In each case the Air Pollution Control Officer

shall make this determination after review of the extenuating ci rcumstances and making any on-site inspections as necessary.

In the case of an electric utility, a r easonable period of time is eight hours plus the period of time until comparabl e generating capacity is ava ilable to meet consumer demand with the affected unit out of service, unless the Air Pollution Control Officer shall, upon investigation, r easonably determine that continued operation constitutes an unjustifiable environmental hazard and issues an order that such operation is not in the public interest and requires a process shutdown to commence immediately.

e. Compliance with other paragraphs. Not withstanding §10.14(1)(a) to §10.14(1)(d), a fossil fuel-fired steam generator to wh ich §10.9(2)(a)(1), §10.9(2)(a)(26), or §10.9(2)(a)(55) applies shall comply wit h §10.9(2)(a)(1), §10.9(2)(a)(26), or §10.9(2)(a)(55).

2. Maintenance and Repair Requirements.

a. Maintenance and repair. The owner or operator of any equipment or control equipment shall:Page 83 of 104 Linn County Ordinance # 8-8-2012 (1) Maintain and operate the equipment or control equipment at all times in a manner consistent with good practi ce for minimizi ng emissions.

(2) Remedy any cause of excess emission in an ex peditious manner.

(3) Minimize the amount and duration of any excess emission to the maximum extent possible during periods of su ch emissions. These measures may

include but not be limited to the use of cl ean fuels, production cutbacks, or the use of alternate process units or, in the case of utilities, purchase of electrical power until repairs are completed.

(4) Implement measures contained in any contingency plan prepared in accordance with §10.14(b)(3) below.

(5) Schedule, at a minimum, routine maintenance of equipment or control equipment during periods of process shutdown to the maximum extent possible.

b. Maintenance Plans. A maintenance plan will be required for equipment or control equipment where in the judgment of the Air Pollution C ontrol Officer, a continued pattern of excess emissions indicative of inadequate operation and maintenance is occurring. The maintenance plan shall incl ude, but not be limit ed to, the following:

(1) A complete preventive maintenance sc hedule, including ident ification of the persons responsible for inspecting, maintaining and repairing control equipment, a description of items or c onditions that will be inspected, the frequency of these inspections or r epairs, and an identification of the replacement parts which will be maintained in inventory for quick replacement;

(2) An identification of the equipm ent and air pollution control equipment operating variables that will be monitored in order to detect a malfunction or failure, the normal operating range of thes e variables, and a description of the method of monitoring and su rveillance procedures;

(3) A contingency plan for minimizing the amount and duration of any excess emissions to the maximum extent possi ble during periods of such emissions.

10.15 Variances

1. Application for variances

. A person may make application for a variance from applicable rules, standards or other provisions specified in this Ordinance.

a. Contents

. Each application for a variance shall be submitted to the Air Pollution Control Officer, stating the following:

(1) The name, address, and telephone num ber of the person submitting the application or, if such person is a l egal entity, the nam e and address of thePage 84 of 104 Linn County Ordinance # 8-8-2012 individual authorized to accept serv ice of process on its behalf and the name of the person in charge of the premis es where the pertinent activities are conducted;

(2) The type of business or activity involved;

(3) The nature of the operation or process involved, including formation on the air contaminants emitted, the chemic al and physical properties of such emissions, and the estimated amount and rate of discharge of such emissions;

(4) The exact location of the operation or process involved;

(5) The reason or reasons for consider ing that compliance with the provisions specified in this Ordinance will produc e serious hardship without equal or greater benefits to the public, and the reasons why no other reasonable method can be used for such operations without resulting in a hazard to health or property;

(6) The certification by a responsible o fficial as defined in §10.2 of truth and accuracy. This certification shall st ate that, based on information and belief formed after reasonable inquiry, the stat ements and information provided are

true and accurate.

b. Variance extension

. The request for extension of a variance shall be accompanied by one of the fo llowing applicable items:

(1) A program to meet the emission limitations as spec ified in §10.15(2);

(2) A substantiated statement as to why a program cannot be developed.

c. Processing of applications. Each application for a variance and its supporting material shall be reviewed and an investigat ion of the facilities shall be made by the Air Pollution Control Officer fo r evaluation of whether or not the emissions involved will produc e the following effects:

(1) Endanger human health. Endanger or tend to endanger the health of persons residing in or otherwise occupying t he area affected by said emissions.

(2) Create safety hazards. Create or tend to create safe ty hazards, such as, but not limited to, interference with traffic due to reduced visibility.

(3) Damage to livestock or plant life. Damage or tend to damage any livestock harbored on or any plant life on property th at is affected by said emissions and under other ownership.

(4) Damage property. Damage or tend to damage any property on land that is affected by said emissions and under other ownership.Page 85 of 104 Linn County Ordinance # 8-8-2012 (5) Nonattainment. Granting the variance shall not co mpromise the attainment of any National Ambient Air Quality St andards for any regulated pollutant.

d. Trial burns for alternative fuels. An alternative fuel shall be defined as a fuel

for which the emissions from combusti ng the fuel are not known and shall exclude natural gas, coal, liquid propane, and all petroleum distillates.

(1) Variance from construction permit. The Air Pollution Control Officer may grant a variance for the purpose of testi ng an alternative fuel and quantifying

the emissions from the alternative f uel, except as prohibited under section 10.15(e)"3". (2) Baseline testing. In addition to submitting the in formation required in subrule 10.15(1), the applicant may be required to submit baseline emission data for all applicable pollutants as a condition of approval. (3) Source testing. Emissions testing deemed necessary for any pollutants may be required as a condition of the variance and shall be conducted in accordance with section 10.17(2).

e. Decision. Upon completion of the investigat ion, the Air Pollution Control Officer shall evaluate the findings and:

(1) Granting of variance. The Air Pollution Control Officer shall grant a variance

when the Air Pollution Control Officer conclu des that the action is appropriate. The variance may be granted subject to conditions specified by the Air

Pollution Control Officer. The Air Pollu tion Control Officer shall specify time intervals as are considered appropriate for submission of reports on the progress attained in the emission reduction program;

(2) Denial of variance. Deny the variance when such action is appropriate. The applicant may request a review hearing before the Board of Health if the application is denied;

(3) The Air Pollution Control Officer shall not grant a variance from any of the following requirements:

a. Case-by-case MACT, 567 IAC 22.1(1)"b"; b. PSD, 567 IAC 22.4; c. New source performance standards, § 10.9(2); d. Emission standards for hazardous air pollutants, § 10.9(3)

e. Emission standards for hazardous air pollutants for source categories, §10.9(4); or f. Emission guidelines, 567 IAC 23.1(5).

(4) Require through the Iowa Department of Natural Resources a SIP revision for any variances issued pertaining to sections §§10.8 and 10.9

2. Emission Reduction Program.Page 86 of 104 Linn County Ordinance # 8-8-2012 a. Content. An air contaminant emissi on reduction program submitted to the Air Pollution Control Officer pur suant to these rules shal l include a schedule for the installation of pollution control devices or the replacement or al teration of specified facilities in such a way that emissions of air contaminants are reduced to comply with the emission standard specified in this or dinance. The schedule must include, as a minimum, the following five increments of progress:

(1) The date of submittal of the fi nal control plan to the Department;

(2) The date by which contracts will be aw arded for emission control systems or process modification or the date by which orders will be issued for the purchase of component parts to acco mplish emission control or process modifications;

(3) The date that initiation of on-site construction or installation of emission control equipment or process modifications is to start;

(4) The date by which on-site constructi on or installation of emission control equipment or process modifica tion is to be completed.

(5) The date by which final compliance is to be achieved.

b. Action. The Air Pollution Control Office r shall approve the programs if they are adequate and reasonable.

(1) Upon approval of a program, a varianc e is granted for one year or until the final compliance date, whichever peri od is shorter. Emission reduction programs shall be reviewed annually by the Air Pollution Control Officer and a variance extension granted for ongoing approved emission reduction programs which show satisfactory pr ogress toward the elimination or prevention of air pollution. The Air Po llution Control Officer may specify under

what conditions and to what extent t he variance or variance extension is granted.

(2) If the Air Pollution Control Officer disapproves a program, the applicant may appeal to the Board of Health, and the applicant shall have a period of 30 days from date of notificati on by the Air Pollution Control Officer in which to file an appeal.

(3) Failure to meet any increment of progress in the compliance schedule contained in an approved emission reducti on program may result in the disapproval by the Air Pollution C ontrol Officer and termination of the

associated variance.

c. Reports. Each person responsible fo r an approved program shall make periodic written progress reports to the Air Pollution Control Officer at completion of each phase of the program. The Air Pollution Control Offi cer shall make periodic reports to thePage 87 of 104 Linn County Ordinance # 8-8-2012 Board of Health on emission reduct ion programs submitted, and on the

recommendations related to such programs.

3. Temporary Electricity Gener ation for Disaster Situations. An electric utility may operate generators at an electric utility substation with a total combined capacity not to exceed 2 megawatts in capacity for a period of not longer than 10 calendar days and only for the purpose of providing electr icity generation in the event of a sudden

and unforeseen disaster that has disabled st andard transmission of electricity to the public. Department approval sh all be required if the electr ic utility intends to operate generators for a period longer than 10 calendar days. The electric utility shall provide an oral report to the Air Pollution Contro l Officer and shall specify the anticipated duration within 8 hours of commencing use of a generator or at the start of the first working day following the placement of a gener ator at each site. A written report shall be submitted to the depar tment within 30 calendar days following the cessation of use of the generators. T he written report shall state the nature of the sudden and unforeseen disaster, the location of each site, the number of generators used, the capacity of the generators used, the fuel ty pe of the generators, and the duration of use of each generator. For purposes of this ru le, the definition of "disaster" shall be defined in Iowa Code section 29C.2(1), and a disaster may occu r before, with, or without a gubernatorial or federal disaster proclamation.

10.16 Circumvention

It shall be unlawful to install a device to conceal emissions for the purpose of circumvention of this or other applicable air pollution ordinances. No person, firm, corporation, association, or public agency sha ll build, erect, install, or use any article, machine, equipment, or other contrivance, the primary purpose of which is to dilute or conceal an air contaminating em ission unless it shall result in a reduction in the total release of contaminants to the atmosphere and which alone or in co njunction with other such equipment will bring compliance with t he permissible standards set up in this or other applicable ordinances.

1. Evidence used in establishing that a violat ion has or is occurring. Notwithstanding any other provisions of these rules, any credible evidence may be used for the purpose of establishing whether a person has violated or is in violation of any provisions herein.

a. Information from the use of t he following methods is presumptively

credible evidence of whether a viol ation 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 s pecified in section 10.17; or

(3) Testing or monitoring methods approv ed for the source in a construction permit issued pursuant to section 10.5.Page 88 of 104 Linn County Ordinance # 8-8-2012 b. The following testing, monitoring or information-gathering methods are presumptively credible testing, monitori ng, or information-gathering methods:

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

(2) Other testing, monito ring, or information-gather ing methods that produce information comparable to that produced by any rule in subrule 10.16(1)"a" of this

subrule.

10.17 Testing and Sampling of New and Existing Equipment

1. Continuous Monitoring of Opacity from Coal-Fire St eam Generating Units. The owner or operator of any coal-fired or c oal-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 monitori ng equipment to monitor opacity. If an exhaust services more than one steam generat ing unit as defined in the preceding sentence, the owner has the option of in stalling opacity monitoring equipment on each

unit or on the common stack. Such monito ring equipment shall c onform to performance specifications specified in §10.17(9). The Air Pollution C ontrol 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 t he type of control equipment utilized would warrant such monitoring.

2. Reserved

3. Reserved

4. Continuous Monitoring of Su lfur Dioxide from Sulfuric Acid Plants. The owner or operator of any sulfuric acid plant of greater than 300 tons per day production capacity, the production being expressed as 100 percent ac id, shall install, calibrate, maintain and operate continuous monitoring equipment to monitor sulfur dioxide emissions. Said monitoring equipment shall conform to t he minimum performance specifications specified in §10.17(9).

5. Maintenance of Records of Continuous Mo nitors. The owner or operator of any facility which is required by any of §§10.17(1) and 10.17(4) to install, calibrate, maintain, and operate continuous monitoring equipment shall maintain for a minimum of two years a file of all information pertinent to eac h monitoring system present at the facility. Such information shall include, but is not limited to, all emissions data, raw data, adjusted data, and any or all adj usted factors used to convert emissions from units of measurement to units of applicable standar d, performance evaluations, calibrations and zero checks, and records of all malfuncti ons of monitoring equipment or source and repair procedures performed.

6. Reporting of Continuous Monitoring Info rmation. The owner or operator of any source affected by §§10.17(1) and 10.17(4) shall report to the Air Pollution ControlPage 89 of 104 Linn County Ordinance # 8-8-2012 Officer on a quarterly basis all periods of reco rded emissions in excess of the 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 appar ent reasons for these malfunctions and upsets. This report shall be made within thirty (30) days following the end of the calendar quarter. The provision shall not excuse compliance with more stringent applicable repor ting requirements.

7. Tests by Owner. The owner of new or existing equipment or the owner’s authorized agent shall conduct emissions tests to deter mine compliance with applicable rules in accordance with these requirements.

a. General. The owner of new or ex isting equipment or the authorized agent shall notify the Air Pollution Control Office r 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 applic able 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 th e Department. If the owner or operator does not provide timely notice to the Department, the Department shall not consider the test results or performance ev aluation results to be a valid demonstration of compliance with the applicable rules or permit conditions. At the Department’s request, a pretest meeting s hall 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 comp liance demonstration. A representative of the Linn County Public He alth Department shall be permi tted to witness the tests.

Results of the tests shall be submitted in wr iting to the Air Pollution Control Officer. With the exception of specific requirem ents for New Source Performance Standards under §10.17(1) above all test results shall be submitted to the Air Pollution Control Officer within six weeks after said testing has been completed.

b. New or Modified Equipment. Unless otherwise specified by the Department,

all new or modified e quipment shall be tested by the ow ner or the owner’s authorized agent to determine compliance with applicable emission limits. Tests conducted to demonstrate compliance with the requirement of the rules or a permit shall be conducted within 60 days of achieving maxi mum production but no later than 180 days of startup, unless a shorter time frame is specified in the permit.

c. Existing Equipment. The Air Polluti on Control Officer ma y 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 ot her parameters outside the range of those indicative of properly maintained and operat ed 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 am bient air quality of an area. The Air Pollution Control Officer shall provide t he owner or agent not less than 30 days toPage 90 of 104 Linn County Ordinance # 8-8-2012 perform the compliance demonstration and s hall provide written notice of the requirement.

8. Tests by Department. Representatives of the Department may conduct separate

and additional air contaminant emission test s 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 wr iting 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 ow ner shall provide a suitable pow er source to the point or points of testing so that sampling instrum ents can be operated as required. Analytical

results shall be furnished to the owner.

9. Methods and Procedures. Stack sampli ng and associated analytical methods used to evaluate compliance with emission limitat ions of 10.8, 10.9, 10.12 or a permit condition are those specified in the "C ompliance Sampling Manual"* adopted by the Environmental Protection Commission on May 19, 1977, as revised through January 30, 2003. Sampling methods, analytical determinations, minimum performance specifications and quality a ssurance procedures for per formance evaluations of continuous monitor systems are those found in Append ices A (as amended through September 28, 2007), B (as amended thr ough September 28, 2007) and F (as amended through January 12, 2004) of 40 CFR Part 60, and Appendices A (as amended through January 24, 2008), B (a s amended through May 18, 2005), F (as amended through February 13, 2008) and K (a s amended through January 24, 2008) of 40 CFR Part 75, as adopted in 567 IAC Chap ter 25. Testing of sources which apply

under New Source Performance Standards shall use Reference Test Methods (Appendix A), performance specifications (A ppendix B), determination of emission rate change (Appendix C), and the general provisi ons (Subpart A) of 40 CFR Part 75 applicable testing procedures.

* Available from the Department.

10. Exemptions from Continuous Monitoring Requirements. The owner or operator of any source affected by §§10.17(4) and 10.17(5) is exempt if it can be demonstrated that any of the conditions set forth in this section are met, with the provision that periodic recertification of the ex istence 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 IAC Chapter 25.

b. An affected steam gener ator had an annual capacity fa ctor for calendar year 1974, as reported to the Federal Power Co mmission, of less 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 dur ing any period of monitoring system malfunction, provided that the source owner or operator shows, to the satisfaction of thePage 91 of 104 Linn County Ordinance # 8-8-2012 Air Pollution Control officer, that the malfunction was unav oidable and is being repaired as expeditiously as practical.

11. Extensions. The owner or operator of any source affected by §§10.17(4) and 10.17(5) may request an extensio n 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 install the monitor in the prescribed time.

12. Continuous monitoring of sulfur diox ide from emission points involved in an alternative emission control program. The ow ner or operator of any facility applying for an alternative emission control program under 567 IAC22.7(1) that involves the trade-off of sulfur dioxide emissions shall install, calibrate, maintain and operate continuous sulfur dioxide monitoring equipment consis tent with EPA refer ence methods (40 CFR 60, Appendix B, as amended through Decem ber 15, 1994) as adopted in 567 IAC 25.12. The equipment shall be operational within three months of EPA approval of an

alternative emission control program.

13. Continuous Emission Monitori ng Under the Acid Rain Program

The continuous emission monito ring requirements for affected units under the acid rain program as provided in 40 CFR Part 75, including Appendices A, B, F and K are amended through January 24, 2008 (Appendix F also was corrected on February 13, 2008), as adopted in 567 IAC 25.2, are adopted by reference.

10.18 Analysis Fees

Whenever the Air Pollution Control Officer determines that an analysis of the emissions from any source is necessary to determine the extent and amount of pollutants being discharged into the atmosphere which cannot be determined by visual observation a collection of samples shall be ordered and the analysis made by qualified personnel of the Linn County Public Health Department Laboratory or by another recognized laboratory. The cost for collecting samples, making t he analysis and preparing the necessary reports shall be charged against t he owner or operator of such premises.

10.19 Submission of Information

The Air Pollution Control Officer may require information about points of emission of air contaminants or the process creating the air contaminants, whether by stack, duct, flue, equipment, or by any other means, when such information is necessary for the conduct

of the work of the Air Pollut ion Control Officer. A period of thirty (30) days shall be

allowed for the submission of such information. However, in case of emergency, the Air Pollution Control Officer may designate any lesser time which is necessary under the

circumstances.

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 treat ment in accordance with the provisions of Iowa Code Chapters 22 and 455B.Page 92 of 104 Linn County Ordinance # 8-8-2012 Anyone making a request for reproduction of the Department’s records will pay for services at rates established by resolu tion of the Linn County Board of Health.

10.21 Prevention of Air Po llution Emergency Episodes

1. Episode Criteria.

a. Evaluation. Conditions justifying the proclamation of an air pollution alert, air pollution warning, or air pollution emer gency shall be deemed to exist whenever the

Air Pollution Control Officer determines that the meteorological co nditions are such

that the accumulation of air contaminants in any place is reaching, or has reached, levels which could, if sustained or exceed ed, lead to a substantial threat to the health of the public.

(1) Air Pollution Forecast. Initial consi deration of air pollution episode activities will be activated by receipt from the Nati onal Weather Service of an Air Stagnation Advisory indicating that meteorological co nditions conducive to an air pollution episode may be imminent, along with predi ction of the durat ion and termination of such conditions. Receipt of such an advisory shall be the basis for activities such as, but not limited to, increased moni toring of air contaminants in the area

involved.

b. Declaration. In making determinations for the declaration of an air pollution episode condition, the Air Pollution C ontrol Officer will be guided by the criteria stated in the following paragraphs.

(1) Air Pollution Alert. An alert will be dec lared when any one of the following levels is reached at any monitoring site, and when meteorological conditions are such

that the contaminant concentration can be ex pected to remain at those levels for twelve (12) or more hours, or increas e, unless control actions are taken:

(A) Sulfur Dioxide: 800 micrograms per c ubic meter (0.3 ppm), 24 hour average;

(B) Fine Particulate Matter: 350microgr ams per cubic meter, 24 hour average;

(C) Sulfur Dioxide and Particulate Matter Combined: Product of micrograms sulfur dioxide per cubic meter (24 hour aver age) and micrograms particulate matter per cubic meter (24 hour average) equal to 65,000;

(D) Carbon Monoxide: 17 milligrams per cubic meter (15 ppm), 8 hour average;

(E) Oxidants (ozone): 200 micrograms per cubic meter (0 .1 ppm), 1 hour

average;

(F) Nitrogen Dioxide: 1, 130 micrograms per cubic meter (0.6 ppm), 1 hour average, or 282 micrograms per cubic me ter (0.15 ppm), 24 hour average.Page 93 of 104 Linn County Ordinance # 8-8-2012 (2) Air Pollution Warning. A warning wil l be declared when any one of the following levels is reached at any monitoring site and when meteorologic al conditions are

such that the contaminant concentrations can be expected to remain at those levels for twelve (12) or more hours, or increase, unless control actions are

taken:

(A) Sulfur Dioxide: 1,600 micrograms per cubic mete r (0.6 ppm), 24 hour

average;

(B) Fine Particulate Matter: 420 microgr ams per cubic meter, 24 hour average;

(C) Sulfur Dioxide and Particulate Matte r Combined: Products of micrograms sulfur dioxide per cubic meter (24 hour average) and micrograms particulate matter per cubic meter (24 hour average) equal to 261,000;

(D) Carbon Monoxide: 34 milligrams per cubic meter (30 ppm), 8 hour average;

(E) Oxidants (ozone): 800 micrograms per cubic meter (0 .4 ppm), 1 hour

average;

(F) Nitrogen Dioxide: 2, 260 micrograms per cubic meter (1.2 ppm), 1 hour average, or 565 micrograms per cubic meter (0.3 ppm), 24 hour average.

(3) Air Pollution Emergency. An emer gency shall be declared when any one of the following levels is reached at any monitoring site and when meteorological

conditions are such that this condition can be expected to continue for twelve (12) or more hours:

(A) Sulfur Dioxide: 2,100 micrograms per cubic mete r (0.8 ppm), 24 hour

average;

(B) Fine Particulate Matter: 500 micrograms per cubi c meter, 24 hour average;

(C) Sulfur Dioxide and Particulate Matter Combined: Product of micrograms sulfur dioxide per cubic meter (24 hour aver age) and micrograms particulate matter per cubic meter (24 hour average) equal to 393,000;

(D) Carbon Monoxide: 46 milligrams per cubic meter (40 ppm), 8 hour average;

(E) Oxidants (ozone): 1,200 microgram s per cubic meter (0.6 ppm), 1 hour

average;

(F) Nitrogen Dioxide: 3, 000 micrograms per cubic meter (1.6 ppm), 1 hour average, or 750 micrograms per cubic meter (0.4 ppm), 24 hour average.

(4) Termination. Once declar ed, any status reached by app lication of these criteria

will remain in effect until the criteria for that level are no longer met. AsPage 94 of 104 Linn County Ordinance # 8-8-2012 meteorological factors and air contam inants change, an appropriate change in episode level will be declared.

2. Preplanned Abatement Strategies.

a. Planned Strategies. Standby plans sha ll be designed to reduce or eliminate

emissions of air contaminants in accordanc e with the objectives set forth in Tables III-V, which are made a part of this section.

1) Plan Preparation. Any person responsib le for the operation of a source of air

contaminants as set forth in Tables II I-V shall prepare standby plans for reducing the emission of air contaminants, which shall be implemented upon the declaration of an air pollution episode and continued for the duration of the declared episode.

(A) Any person responsible for the operati on of a source of air contaminants not set forth under this paragraph shall, w hen requested by the Air Pollution Control Officer in writing, prepare standby plans for reducing the emission of

such air contaminant or contaminant s during periods of an air pollution episode, as specified in this section.

2) Plan Content. Standby plans as required un der this section shall be in writing. Each standby plan shall identify the sour ces of air contaminants, the approximate amount of reduction of contaminants, and a brief description of the manner in which the reduction will be achieved during an air pollution alert, air pollution warning, or air pollution emergency, as specified in this section.

3) Review of Plans. Standby plans as require d by this section shall be submitted to

the Air Pollution Control Officer. Each st andby plan shall be subject to review. If, in the opinion of the Air Pollution Contro l Officer, a standby plan does not provide for adequate reduction of emissions, t he Air Pollution Control Officer may disapprove such plan, state the r easons for disapproval, and order the preparation of an amended standby plan wit hin a time period specified in the

order.

4) Availability. During a declared air po llution episode, standby plans as required by

this section shall be made available on t he premises to any person authorized to

enforce this ordinance.

3. Actions During Episodes.

a. Emissions Reduction Activities. Any person responsible for the operation of a

source of air contaminants as set forth in Tables III-V herein, whose source is located within the area involved, shall foll ow the actions specified below during periods of an air pollution alert, air pollution warning or air pollution emergency as may be declared.Page 95 of 104 Linn County Ordinance # 8-8-2012 (1) Air Pollution Alert. When an air pollu tion alert has been declared, all persons in the area involved responsible for the operation of a source of air

contaminants as set forth in Table III her ein, shall take all air pollution alert actions as required for such source s of air contaminants, and persons responsible for the operation of specific sources set forth in Table III herein, shall put into effect the preplanned abat ement strategy for an air pollution

alert.

(2) Air Pollution Warning. When an air pollution warning has been declared, all persons in the area involved responsible for the operation of a source of air contaminants as set forth in Table IV, herein, shall take all air pollution warning actions as required for such sources of air contaminants, and persons responsible for the operation of s pecific sources set forth in Table IV herein, shall put into effect the pr eplanned abatement strategy for an air pollution warning.

(3) Air Pollution Emer gency. When an air pollution emergency has been declared, all persons in the area involv ed responsible for the operation of a

source of air contaminants as set forth in Table V herein, shall take all air pollution emergency actions as required fo r such sources of air contaminants, and persons responsible for the operati on of specific sources set forth in Table V herein, shall put into effect the preplanned abatement strategy for an air pollution emergency.

(4) Special Conditions. When the Air Poll ution Control Officer determines that a specific episode level has been reached at one or more monitoring sites solely because of emissions from a limit ed number of sources, he shall notify the persons responsible for such s ources that the preplanned abatement strategy of Tables III, IV, and V, or t he standby plans, are required insofar as they apply to such sources, and such actions shall be put into effect until

notified that the criter ia of the specified level are no longer met.

TABLE III

ABATEMENT STRATEGIES EMISSION REDUCTION ACTIONS

ALERT LEVEL

General

1. There shall be no open burning by any persons of tree waste, vegetation, refuse, or debris in any form.

2. The use of incinerators for the disposal of any form of solid waste shall be limited to

the hours between 12:00 noon and 4:00 p.m.

3. Persons operating fuel- burning equipment which require s boiler lancing or soot blowing shall perform such operations only between the hours of 12:00 noon and 4:00 p.m.Page 96 of 104 Linn County Ordinance # 8-8-2012 4. Persons operating motor vehicles s hould eliminate all unnecessary operations.

Source Curtailment

Any person responsible for the operation of a source of air contaminants listed below shall take all required control actions for this alert level.

Source of Air Pollution Control Action

1. Coal or oil-fired el ectric power generating

facilities. a. Substantial reduction by utilization of fuel having low ash and sulfur content. b. Maximum utilization of mid-day (12:00 noon to 4:00 pm) atmospheric turbulence for boiler lancing and soot blowing. c. Substantial reduction by diverting electric power generating to facilities outside the

alert level. 2. Coal and oil-fired process steam generating facilities. a. Substantial reduction by utilization of fuels having low ash and sulfur content. b. Maximum utilization of mid-day (12:00 noon to 4:00 pm) atmospheric turbulence for boiler lancing and soot blowing.

c. Substantial reduction of steam load demands consistent with continuing plant operation. 3. Manufacturing indust ries of the following

classification: Primary Metals Industries Petroleum Refining Operations

Chemical Industries Mineral Processing Industries Paper and Allied Products Grain Industry a. Substantial reducti on of air contaminants from manufacturing operat ions by curtailing, postponing, or deferring production and all operation. b. Maximum reduction by deferring trade waste disposal operations which emit solid particles, gases, vapors, or malodorous

substances.

c. Maximum reduction of heat load demands for processing. d. Maximum utilization of mid-day (12:00 noon to 4:00 pm) atmospheric turbulence for boiler lancing and soot blowing.

TABLE IV

ABATEMENT STRATEGIES EMISSION REDUCTION ACTIONS

WARNING LEVEL

GeneralPage 97 of 104 Linn County Ordinance # 8-8-2012 1. There shall be no open burning by any persons of tree waste, vegetation, refuse, or debris in any form.

2. The use of incinerators for the disposal of any form of solid waste or liquid waste shall be prohibited.

3. Persons operating fuel- burning equipment which requir es boiler lancing or soot blowing shall perform such operations only between the hours of 12:00 noon and 4:00 p.m.

4. Persons operating motor vehicles must reduce operations by the use of car pools and increased use of public transportation and elimination of unnecessary operation.

Source Curtailment

Any person responsible for the operation of a source of air contaminants listed below shall take all required control ac tions for this warning level.

Source of Air Pollution Control Action

1. Coal or oil-fired el ectric power generating

facilities. a. Substantial reduction by utilization of fuels having lowest ash and sulfur

content. b. Maximum utilization of mid-day (12:00 noon to 4:00 pm) atmospheric turbulence for boiler lancing and soot blowing. c. Maximum reduction by diverting electric power generation to facilities outside the warning area. 2. Coal and oil-fired process steam generating facilities. a. Maximum reduction by utilization of fuels having lowest ash and sulfur content. b. Maximum utilization of mid-day (12:00 noon to 4:00 pm) atmospheric turbulence for boiler lancing and soot blowing. c. Making ready for use a plan of action to be taken if an emergency develops. 3. Manufacturing industries which require

considerable lead time for shutdown including the followi ng classifications: Primary Metals Industries Petroleum Refining Operations

Chemical Industries Paper and Allied Products

Glass Industries a. Maximum reduction of air contaminants from manufacturing operations by, if necessary, assuming reasonable economic hardships by postponing production and allied operation. b. Maximum reduction by deferring trade waste disposal operations which emit solid particles, gases, vapors, or

malodorous substances.

c. Maximum reduction of heat load demands for processing. d. Maximum utilization of mid-day (12:00 noon to 4:00 pm) atmospheric turbulencePage 98 of 104 Linn County Ordinance # 8-8-2012 Source of Air Pollution Control Action for boiler lancing and soot blowing. 4. Manufacturing industries which require relatively short lead times for shutdown, including the followi ng classifications: Primary Metal Industries

Chemical Industries Mineral Processing Industries

Grain Industries a. Elimination of air contaminants from manufacturing operations by ceasing, curtailing, postponing or deferring, production and allied operations to the extent possible without causing injury to persons or damage to equipment.

b. Elimination of air contaminants from trade waste disposal processes which emit solid particles, gases, vapors or

malodorous substances.

c. Maximum reduction of heat load demands for processing. d. Maximum utilization of mid-day (12:00 noon to 4:00 pm) atmospheric turbulence for boiler lancing and soot blowing.

TABLE V

ABATEMENT STRATEGIES EMISSION REDUCTION ACTIONS

EMERGENCY LEVEL

General

1. There shall be no open burning by any persons of tree waste, vegetation, refuse, or debris in any form.

2. The use of incinerators for the disposal of any form of solid or liquid waste shall be prohibited.

3. All places of employment described below shall immediately cease operations:

a. Mining and quarrying of nonmetallic materials.

b. All construction work except that which must proceed to avoid emergent physical harm.

c. All manufacturing establishments except those required to have in force an air pollution emergency plan.

d. All wholesale trade establishments, i. e., places of business primarily engaged in selling merchandise to retailers or i ndustrial, commercial, institutional or professional users or to other wholesalers or those acting as agents in buyingPage 99 of 104 Linn County Ordinance # 8-8-2012 merchandise for or selling merchandise to such persons or companies, except those engaged in the di stribution of drugs, surgical supplies and food.

e. All offices of local, county, and stat e government including authorities, joint meetings, and other public bodies excepting such agencies which are determined by the chief administrative officer of local, county, or state government, authorities, join t meetings, and other public bodies to be vital for public safety and welfare and the enforce ment of the prov isions of this

Ordinance.

f. All retail trade establishments except pharmacies, surgical supply distributors, and stores primarily engaged in the sale of food.

g. Banks, credit agencies other than banks, securities and commodities brokers, dealers, exchanges and services, office s of insurance carriers, agents and brokers, and real estate offices.

h. Wholesale and retail laundries, l aundry services and cleaning and dyeing establishments, photographic studios , beauty shops, barber shops, shoe repair shops.

i. Advertising offices, consumer cr edit reporting, adjustment and collection agencies, duplicating, addressing, blueprin ting, photocopying, mailing, mailing list and stenographic services, equipment rental services, and commercial testing laboratories.

j. Automotive repair, automobile services, and garages.

k. Establishments rendering amusement and recreational services including motion picture theaters.

l. Elementary and secondary schools, co lleges, universities, professional schools, junior colleges, vocational schools, and public and private libraries.

4. All commercial and manufacturing estab lishments not included in this Ordinance will

institute such actions as will result in maximum reduction of air contaminants from their operations by ceasing, curtailing, or postponing operations which emit air pollutants to the extent possible without causing injury to persons or damage to equipment.

5. The use of motor vehicles is prohibited except in emergencies with the approval of local or state police.

Source Curtailment

Any person responsible for the operation of a source of air contaminants listed below shall take all required control ac tions for this emergency level.Page 100 of 104 Linn County Ordinance # 8-8-2012 Source of Air Pollution Control Action

1. Coal or oil-fired el ectric power generating

facilities. a. Maximum reduction by utilization of fuels having lowest ash and sulfur content. b. Maximum utilization of mid-day (12:00 noon to 4:00 pm) atmospheric turbulence for boiler lancing and soot blowing. c. Maximum reduction by diverting electric power generation to facilities outside the

emergency area. 2. Coal and oil-fired process steam generating facilities. a. Maximum reduction by reducing heat

and steam demands to absolute necessities consistent with preventing equipment damage. b. Maximum utilization of mid-day (12:00 noon to 4:00 pm) atmospheric turbulence for boiler lancing and soot blowing. c. Taking the action called for in emergency plan. 3. Manufacturing indust ries of the following

classifications: Primary Metals Industries Petroleum Refining Operations

Chemical Industries Paper and Allied Products Mineral Processing Industries

Grain Industries a. Elimination of air contaminants from manufacturing operations by ceasing, curtailing, postponing or deferring production and allied operations to the extent possible without causing injury to persons or damage to equipment.

b. Elimination of air contaminants from trade waste disposal processes which emit solid particles, gases, vapors, or

malodorous substances.

c. Maximum reduction of heat load demands for processing. d. Maximum utilization of mid-day (12:00 noon to 4:00 pm) atmospheric turbulence for boiler lancing and soot blowing.

10.22 Enforcement

It shall be the duty of the Air Pollution Control Officer to enforce the provisions of this Ordinance. For the purpose of enforcement of this Ordinance, the Air Pollution Control Officer or a duly authorized representative, a fter presentation of credentials, is hereby empowered to enter the premis es of any dwelling, industry , or other public or private place now or hereafter established or locat ed within Linn County, Iowa, for the purpose of determining whether or not said premises ar e operating in violation of this Ordinance. Specific powers and duties of the Air Pollution Control Officer relate d to this Ordinance shall include the power to:

1. Supervise the execution of this Ordinance pertaining to air pollution.Page 101 of 104 Linn County Ordinance # 8-8-2012 2. Institute complaints against all persons vi olating any provisions of this Ordinance; institute necessary legal proceedings to pr osecute violations of this Ordinance; issue citations to persons committi ng county infractions and compel the prevention and abatement of air polluti on or nuisance arising therefrom.

3. Approve or disapprove, in accordance with the requirements of this Ordinance, plans for fuel-burning and ai r pollution control equipment.

4. Make or supervise inspections and tests of existing and newly installed, constructed, reconstructed or altered f uel-burning or refuse-burning equipment and process control equipment to determi ne if there is compliance with the provisions of this Ordinance.

5. Prepare and present to the Board of Health and the Linn County Board of Supervisors for their a pproval or disapproval proposals for Ordinances and

additions or revisions to this Ordinanc e or any ordinance pertaining to air pollution control.

6. Review those matters rela ted to air pollution referred by other county, state, or federal agencies and make recommendations.

7. Submit monthly reports concerning permi ts and variances issued, status of air quality and other information of general interest required by state or federal law.

8. Do any and all acts which may be nece ssary for the successful enforcement of the provisions of this Ordinance.

10.23 Sealing

After three (3) notifications of the same violation of this Ordinance within a twelve (12) month period, in respect to the emission of air contaminants from the same source, a violator shall be notified by ce rtified mail to show cause before the Linn County Board of Health within thirty (30) days why the o ffending equipment shall not be sealed. The

notice shall be directed to the last address of the person to be notifi ed, or if the person or their whereabouts is unknown, then the notice shall be posted on or near the premises at which the violations have occurred.

The violator or an agent or attorney representing the violator may appear before the Linn County Board of Health and be heard. The Linn County B oard of Health shall then

determine whether or not to direct the Air Po llution Control Officer to seal the equipment

until such time as corrective measures are taken.

It shall be unlawful for any person to break a seal that has been duly affixed by the Air Pollution Control Officer or an authorized repr esentative unless author ized in writing by

the Air Pollution Control Office r to do so after the corrective measures have been taken. Any equipment sealed under this section of the Ordinance shall remain sealed during any appeal process.Page 102 of 104 Linn County Ordinance # 8-8-2012 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 sealing equipment which is being operated in violation of this Ordinance.

10.24 Penalty

A violation of any of the r equirements of this ordinance is subject to the following penalties:

1. A violation of any provision of this or dinance or any code, rules, or regulations adopted herein by reference shall c onstitute a county infraction.

2. Open Burning Penalties.

a. Any person convicted of committi ng a county infraction based upon Section 10.8(3) (Residential Heaters) or Section 10.10 (Open Burning) of this ordinance

shall be fined as follows:

First offense: $100

Second offense: $200

Third and subsequent offense: accordi ng to the provisions of §10.24(3)

b. Notwithstanding §10.24(2 )(a) of this ordinance, any person convicted of committing a county infraction based upon Sect ion 10.8(3) (Residential Heaters) or Section 10.10 (Open Burning) of this ordinance shall be fined according to the provisions of §10.24(3) if the material contained in the open burning involves any of the following:

1) tires or other rubber materials

2) asphalt shingles or other asphalt materials

3) any material potentially containing asbestos, unless it was tested by an approved laboratory prio r to the burning and proven to be negative

4) creosote treated wood

5) trade waste materials

c. Notwithstanding §10.24(2 )(a) of this ordinance, any person convicted of committing a county infraction based upon Sect ion 10.8(3) (Residential Heaters) or Section 10.10 (Open Burning) of this ordinance shall be fined according to the provisions of §10.24(3) if the burning involves comme rcially generated waste including, but not limited to, burning to avoi d fees for proper disposal, burning in conjunction with scrapping or salvaging operations, or burning material hauled

from other locations.Page 103 of 104 Linn County Ordinance # 8-8-2012 3. Pursuant to authority granted by §455B .146 of the Code of Iowa, any person charged with committing a county infrac tion based upon any section of this ordinance (except Section 10.8(3) or Secti on 10.10 as specifica lly exempted above) shall, upon conviction be subject to a civ il penalty of not more than Ten Thousand Dollars ($10,000) per day for each day of the violation. Each day that a violation occurs or is permitted to ex ist by the violator shall c onstitute a separate offense.

4. The citation for a county infraction may be served by personal service or by certified mail return receipt requested. A copy of the citation shall be retained by the Air Pollution Control Officer and one copy shall be s ent to the clerk of the district court.

5. A person found guilty of a county infracti on is liable for the court costs and fees.

6. In addition to any civil penalty imposed for violation of this Ordinance, the court may grant appropriate relief to abate or halt the violation.

7. If a violator willfully fails to pay the civil penalty or violates the terms of any other order imposed by the court, such fa ilure shall constitute contempt.

8. Notwithstanding the provis ions of §§10.24(1) and 10.24(3) any person found guilty of a violation of any of the pr ovisions of this Ordinance ma y be subject to a criminal penalty pursuant to §455B.146A, Code of Iowa. Each day that a violation occurs or is permitted to exist by the violator shall constitute a separate offense.

9. The provisions of this Or dinance shall not preclude the bringing of a civil action by ordinary proceedings to enjoi n or abate any nuisance.

10. Nothing herein shall preclude the Envir onmental Protection Agency Administration's right of enforcement under any section of the Clean Air Act.

11. Civil penalties assessed by the Departm ent shall be deposited in the general fund of the Department to be used for co mmunity environmental benefit.

10.25 Jurisdiction

The provisions of this Ordinance s hall apply throughout Linn County, Iowa.

10.26 Repealer

All ordinances or parts of ordi nances in conflict with the provis ions of this Ordinance are hereby repealed.

10.27 Severability Clause

If any section, provision, or other part of this Ordi nance shall be adjudged invalid or unconstitutional said adjudication shall not a ffect the validity of the Ordinance as a whole or any section, provision, or other part thereof not adjudged invalid or

unconstitutional.Page 104 of 104 Linn County Ordinance # 8-8-2012 10.28 When Effective

This Ordinance shall become effective upon publication.

Approved by the Linn County Bo ard of Supervisors the 8 th day of August, 2012.

_____________ Chairperson Brent Oleson

District 4

_________________ Vice Chairperson John Harris

District 5

______________ Supervisor Lu Barron

District 1

________________ Supervisor Linda Langston

District 2

_______________ Supervisor Ben Rogers

District 3

ATTEST:

______________ Joel Miller, Linn County Auditor

Dates read: July 30, 2012 August 1, 2012 August 8, 2012

Published in the Cedar Rapids Gazette on August __, 2012