LINN COUNTY PUBLIC HEALTH

James Hodina, Environmental Services Director Environmental Services Division 

Shane Dodge, Branch Manager Air Quality Branch 

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

www.linncleanair.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 State 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 information 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, IDNR 

 

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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 level of the Jean Oxley Linn County Public Service Center, 935 Second 

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. 

APPROVE MINUTES 

Public Hearing and First Consideration of proposed changes to the Air Quality Ordinance, Chapter 10, Sections 1, 5, 6, 10 and 28 of 

the Linn County Code of Ordinances. 

Public hearing on 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. 

Authorize 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. 

Authorize Chairperson to sign Certificate of Self Insurance for insurance coverage from July 1, 2012 to September 30, 2013 for 685 

square feet of leased office space and shared conference room and reception area in the Jane Boyd Community House, 943 

Fourteenth Avenue SE, Cedar Rapids -- the Jane Boyd Community House, Certificate Holder; Linn County, its Elected Officials, 

Employees and Agents, Insured. 

Discuss voluntary vision insurance for FY13. 

Linn County Assessor -- Discuss and Approve Homestead Exemptions and Military Credits recommended for disallowance. 

City of Cedar Rapids Assessor -- Discuss and Approve Homestead Exemptions and Military Credits recommended for disallowance. 

Discuss support for AmeriCorps Program as an economic development opportunity. 

Presentation on 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 consumption for 1 day winery & vineyard open house event on 

August 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, Springville, for paving Springville Road from the City of Mt. Vernon to Secrist 

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 approved Fiscal Year 2013 Budget Offer for the purchase of electronic

tablets and related accessories for the Board of Supervisors and designated staff 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. 

APPROVE PAYROLL AUTHORIZATIONS 

CORRESPONDENCE 

LEGISLATIVE UPDATE 

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APPOINTMENTS 

ADJOURNMENT 

Associated File:

 7-30.pdf, 118k 

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 Chairperson Harris, Supervisors Barron 

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. Proof of publication was presented. 

Shane Dodge, Health Dept., stated that he had received no oral or written communications. 

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

Motion by Barron, seconded by Rogers to approve upon first consideration 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 office 

space and shared conference room and reception area from July 1, 2012 to September 30, 2013 in the 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 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. 

Motion by Rogers, seconded by Barron to authorize Chairperson to sign Certificate of Self Insurance for insurance coverage from July 

1, 2012 to September 30, 2013 for 685 square feet of leased office space and shared conference room and reception area in the Jane 

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 contribution. After a survey of 200 conducted last year, results 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 implementation 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 people not meeting qualifications or selling their property and not notifying 

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 Exemptions 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 force development and mentoring programs. 

Hinzman stated that they are in need of a $30,000 cash match to jump start the program and are asking Linn County 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 native 

Iowa wine for off-site consumption for a 1 day winery & vineyard open house event located at 2165 Linn Grove Road, Martelle, Iowa. 

Al Meyer, Deja Vine Winery, was also present. 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 Park 

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 enclose the Planning & Development lobby. Beck 

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 design 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 discuss the method of purchase of electronic tablets and related 

accessories for the Board of Supervisors and designated staff and monthly data packages for the electronic tablets used by/assigned 

to the Board of Supervisors and designated staff. 

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Gage stated that he has been in contact with 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 Construction. 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 about 

media access and local government. 

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

community. 

Adjournment at 9:35 a.m. 

Respectfully submitted, 

JOEL D. MILLER, Linn County Auditor & 

Clerk to the Board of Supervisors 

By Amanda Hoy, Executive Assistant 

Approved by: 

JOHN HARRIS, Vice Chairperson 

Board of Supervisors 

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935 2nd Street SW 

Cedar Rapids, IA 52404 

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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 Second 

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 

Approve 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 wine for off-site consumption for 1 day winery & vineyard open house event on 

August 5, 2012 from 12:00 p.m. to 7:00 p.m., located at 2165 Linn Grove Road, Martelle, Iowa. 

Resolution approving 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 p.m. to 12 a.m. at 7251 Mt. Vernon 

Road, Cedar Rapids. 

Resolution approving 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, Springville, for paving Springville Road from the City of Mt. Vernon to Secrist 

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 Palo and Shellsburg Road (E36) for the purpose of conducting the Iowa’s 

Pigman Sprint Triathlon on Sunday, August 19, 2012. 

CONTRACTS AND AGREEMENTS 

Award bid and authorize chairperson to sign contract and associated documents for the following projects let on 7/24/12: L-RCP 1784

(13), culvert replacement on Feather Ridge Road, to Ricklefs Excavating, LTD in the amount of $11,075.00; L-CMP 1889(13), culvert 

replacement on Quaker Lane, to Ricklefs Excavating, LTD in the amount of $20,731.00; L-CMP 606(13), culvert replacement on LinnBuchanan Road, to Skyline Construction, Inc. 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. 

Approve and authorize chairperson to sign “Adopt-A-Roadside” application for CORVAIR Bicycle Society to adopt Lakeside Road and 

Squaw Ridge Road from East Post Road to Cottage Grove Parkway. 

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

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

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

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

Authorize Chairperson to Sign an Acceptance of Conditions of Rezoning 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.

Authorize Chairperson to sign Permit to Operate Application Form PTO for the Community Services Building of Linn County. 

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

County. 

LICENSES & PERMITS 

Regular Agenda 

APPROVE CONSENT AGENDA 

APPROVE MINUTES 

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Second Consideration of proposed changes to the Air Quality Ordinance, Chapter 10, Sections 1, 5, 6, 10 and 28 of the Linn County 

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 Supervisors 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 

APPROVE 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 

APPOINTMENTS 

CLOSED SESSION 

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

ADJOURNMENT 

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. Present: 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. 

Approve 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 consumption for 1 day winery & vineyard open 

house event on August 5, 2012 from 12:00 p.m. to 7:00 p.m., located 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 plant 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 October 31, 2012 during the hours 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. 

Award bid and authorize Chairperson to sign contract and associated documents for the following projects let on 7/24/12: L-RCP 1784

(13), culvert replacement on Feather Ridge Road, to Ricklefs Excavating, LTD in the amount of $11,075.00; L-CMP 1889(13), culvert 

replacement on Quaker Lane, to Ricklefs Excavating, LTD in the amount of $20,731.00; L-CMP 606(13), culvert replacement on LinnBuchanan Road, to Skyline Construction, Inc. 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. 

Approve and authorize chairperson to sign “Adopt-A-Roadside” application for CORVAIR Bicycle Society to adopt Lakeside Road and 

Squaw Ridge Road from East Post Road to Cottage Grove Parkway. 

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

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

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

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

Authorize Chairperson to Sign an Acceptance of Conditions of Rezoning 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.

Authorize Chairperson to sign Permit to Operate Application Form PTO for the Community Services Building of Linn County. 

Authorize 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 Consideration of proposed changes to the Air Quality Ordinance, 

Chapter 10, Sections 1, 5, 6, 10 and 28 of the Linn County Code of Ordinances. 

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Motion 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 continue the discussion regarding electronic tablets for the Board of 

Supervisors. He stated that there are 

Page 2 

August 1, 2012 

two carriers available, AT & T and Verizon. Discussion continued regarding Johnson County’s savings with regard to less paper. 

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

Supervisor Langston stated that she toured Goodwill with Rep. Renee 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 Services Director Chuck Palmer to talk about the state of Mental 

Health/Developmental Disabilities 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 Auditor, 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 removed 

from office. He has talked with Supervisors Oleson and Harris with regard to this, noting that there has been ample time in his opinion 

for this issue to be closed. Miller is concerned that the Board 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 aware of the findings and has been briefed by 

legal counsel and the Financial Advisor. Miller asked the Board what the delay was and why aren’t they making this an urgent matter 

to come to closure. He will forward the letter to Supervisor Harris that confidentiality was not considered or guaranteed. Miller 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: complimenting seal coating 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 

Assoc. (ECICOG). 

Motion by Oleson, seconded by Rogers to go into closed session 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 

Adjournment at 10:41 a.m. 

JOEL D. MILLER, Linn County Auditor & 

Clerk to the Board of Supervisors 

By Amanda Hoy, Executive Assistant 

Approved by: 

BRENT OLESON, Chairperson 

Board of Supervisors 

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Our Mission

It is the mission of Linn County 

government to provide all residents the 

most efficient and responsive public 

services, while maintaining sound 

fiscal management to enhance the 

quality of life in Linn County. 

Contact 

Linn County of Iowa 

935 2nd Street SW 

Cedar Rapids, IA 52404 

319-892-5000 

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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 Second 

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 

Approve and authorize chair to sign a letter to the City of Cedar Rapids 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. 

Approve Linn County Investment Policy. 

Approve 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 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 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 Club, 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 

August 17: 4 pm to midnight, and August 18: 7:00 am to midnight. 

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

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

Resolution rescinding Warrant No. 70541964 payable to Marlene Mignonette Wilson in the amount of $187.21 for precinct election 

official reimbursement. The 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 

Authorize 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. 

Authorize 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 amount of $35,489.00. 

Authorize Chairperson to sign Construction Contract by and between Iowa Bridge and Culvert, 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. 

Approve and authorize chair to sign an Agreement for Professional Services with the Donaldson Group in the amount of $4,100.00 for 

a plat of survey and an application with the City of Cedar Rapids for a conditional use 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. 

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

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

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Authorize Chair to sign PO # 4988 for $37,400 to Lynch Ford for 2 new Chevrolet Impalas for MHDD. 

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

Award bid for soil borings to be completed at bridge 1584 on County Home Road to Terracon Consultants, Inc. in the amount of 

$4,960.00. 

LICENSES & PERMITS 

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

Regular Agenda 

APPROVE CONSENT AGENDA 

APPROVE MINUTES 

Third Consideration of proposed changes to the Air Quality Ordinance, Chapter 10, Sections 1, 5, 6, 10 and 28 of the Linn County 

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 Analyst and Report Writer positions 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 amount of $180,000.00 with Stern Consulting for Project Management in 

connection with the Linn County Community Services software implementation. 

Discuss and decide on Linn County Child & Youth Development Request 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 

APPROVE 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 

APPOINTMENTS 

ADJOURNMENT 

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. Present: 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: 

Approve and authorize chair to sign a letter to the City of Cedar Rapids 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. 

Approve Linn County Investment Policy. 

Approve tax levies for FY 2012- 2013 tax collections. 

Linn County Page 2 of 4

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Receive 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, 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 p.m. to 12 a.m. at 

7251 Mt. Vernon Road, Cedar Rapids. 

Resolution 2012-8-124, approving Temporary Use Case TU-07-12, request by Karl Haible, owner, Palo Lions Club, 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 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 precinct 

election official reimbursement. 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. 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. 

Authorize 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. 

Authorize 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 amount of $35,489.00. 

Authorize Chairperson to sign Construction Contract by and between Iowa Bridge and Culvert, 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. 

Approve and authorize chair to sign an Agreement for Professional Services with the Donaldson Group in the amount of $4,100.00 for 

a plat of survey and an application with the City of Cedar Rapids for a conditional use 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. 

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

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

Authorize Chair to sign PO # 4988 for $37,400 to Lynch Ford for 2 new Chevrolet Impalas for MHDD. 

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

Award bid for soil borings to be completed at bridge 1584 on County Home Road to Terracon Consultants, Inc. in the amount of 

$4,960.00. 

Approve Five Day Beer Permit for the Palo Lions Club for the Palo 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 

August 8, 2012 

Motion by Langston, seconded by Barron to remove from 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 Quality 

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 this 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 Report Writer positions for the I.T. 

Department. 

Discussion: Phil Lowder stated that these are vacancies 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 purchase 

a phone to be placed in both the Formal Board meeting room and the Informal Board meeting room and will allow all departments to 

use the Informal Board meeting room. 

Motion by Langston, seconded by Rogers to purchase a phone to be placed in both the Formal Board meeting room and the Informal 

Board meeting room and allow all departments to use the Informal 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 Chairperson to sign Contract in the amount of $180,000.00 with Stern 

Consulting for Project Management in connection with the Linn County Community Services software implementation. 

Motion by Barron, seconded by Langston to approve request for a new .5 FTE Social Worker position 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 amended in the future to include Iowa and Johnson counties. 

VOTE: All Aye. 

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Motion 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 #70543836-#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 

August 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 Convention & 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.

Adjournment at 10:23 a.m. 

Respectfully submitted, 

JOEL D. MILLER, Linn County Auditor & 

Clerk to the Board of Supervisors 

By Rebecca Shoop, Deputy Auditor 

Approved by: 

BRENT OLESON, Chairperson 

Board of Supervisors 

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It is the mission of Linn County 

government to provide all residents the 

most efficient and responsive public 

services, while maintaining sound 

fiscal management to enhance the 

quality of life in Linn County. 

Contact 

Linn County of Iowa 

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319-892-5000 

 

Linn County Page 4 of 4

http://www.linncounty.org/events_details.asp?Event_Id=2827&i=x 8/27/2012
AIR QUALITY 

TABLE OF CONTENTS 

10.1 Purpose and Ambient Air Quality Standards ..................................................... 1

10.2 Definitions ............................................................................................................. 2

10.3 Air Quality Division ............................................................................................ 19

10.4 Title V and Voluntary Permits ............................................................................ 19

10.5 Locally Required Permits .............................................................................. 2019

10.6 Permit Fees ......................................................................................................... 31

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

10.8 Emissions From Fuel-Burning Equipment ....................................................... 33

10.9 Emissions Standards ......................................................................................... 36

10.10 Open Burning ................................................................................................... 73

10.11 Emissions of Objectionable Odors ............................................................. 7877

10.12 Sulfur Compounds ....................................................................................... 7978

10.13 Fugitive Dust ..................................................................................................... 79

10.14 Excess Emission .............................................................................................. 80

10.15 Variances ...................................................................................................... 8382

10.16 Circumvention .............................................................................................. 8786

10.17 Testing and Sampling of New and Existing Equipment ............................ 8887

10.18 Analysis Fees ............................................................................................... 9190

10.19 Submission of Information .......................................................................... 9190

10.20 Public Records and Fair Information Practices ......................................... 9190

10.21 Prevention of Air Pollution Emergency Episodes ..................................... 9291

10.22 Enforcement ............................................................................................... 10099

10.23 Sealing ...................................................................................................... 101100

10.24 Penalty ...................................................................................................... 102101

10.25 Jurisdiction ............................................................................................... 103102

10.26 Repealer .................................................................................................... 103102

10.27 Severability Clause .................................................................................. 103102

10.28 When Effective .......................................................................................... 104103
Page 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, Linn 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 place 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 the Linn County Board of Health, and the Linn County Board of 

Supervisors, that the purpose of this ordinance is to achieve and maintain such levels of 

air quality as will protect human health and safety, and to the greatest degree 

practicable, prevent injury to plant and animal life and property, foster the comfort and 

convenience of the people, promote social development of Linn County, foster 

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

County, Iowa. 

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

and control air pollution, by establishing standards for air quality and by regulating 

potential sources of air pollution through a system of general rules or specific permits. 

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

Secondary Ambient Air Quality Standards as published in 40 Code of Federal 

Regulations Part 50 (1972) and as amended at 38 Federal Register 22384 (September 

14, 1973), 43 Federal 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 (November 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 PM10 standard specified in 40 

CFR 50.6(b) shall continue to be applied for purposes of implementation of new source 

permitting provisions in LCCO 10.5. Linn County shall implement these rules in a time 

frame and schedule consistent with implementation schedules in federal laws, 

regulations and guidance documents, and Iowa statutes and rules. 

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 Environmental 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, smoke, other particulate matter, gas, vapor 

(except water vapor), radioactive substance, odorous substances or any combination 

thereof. 

"Air contaminant source" means any and all sources of emission of air contaminants 

whether privately or publicly owned or operated. Air contaminant source includes, but is 

not limited to, all types of businesses, commercial and industrial plants, works, shops, 

and stores, heating and power plants and stations, buildings and other structures of all 

types including single and multiple family residences, office buildings, hotels, 

restaurants, schools, hospitals, churches and other institutional buildings, 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 chimney outlets from any of the foregoing. 

"Air pollution" means the presence in the outdoor atmosphere of one or more air 

contaminants in sufficient quantities and of such characteristics and duration as is or 

may reasonably tend to be injurious to human, plant, 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 control the emission to the atmosphere of, air contaminants from 

any fuel-burning equipment, incinerator, 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 reached, 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 which may or do present an imminent and 

substantial endangerment to the health of persons during which the chief meteorological 

factors are the absence of winds that disperse air contaminants horizontally and a 

stable atmospheric layer which tends to inhibit vertical mixing through relatively deep 

layers. 

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

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

Natural Resources that meteorological conditions conducive to an air pollution episode 

may be imminent. This advisory may be followed by a prediction of the duration and 

termination of such meteorological conditions. 

"Air pollution warning" means the condition when the air quality 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 level of air contaminant or atmospheric air 

concentration established by the Commission. 

"Alter" means to change, make different, modify, vary, construct or reconstruct, diverge 

or depart from original plan. 

"Ambient air" means that portion of the atmosphere, 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 which public access is precluded by a fence or 

other physical barriers. 

"Anaerobic lagoon" means an impoundment, the primary 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 basin which receives waste discharges from confinement 

feeding operations and which is designed for complete removal of accumulated 

wastes from the basin at least semiannually; or 

c. Any anaerobic treatment system which includes collection and treatment facilities 

for all off gases. 

"ASME" means the American Society 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 pollutant. 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 control equipment, or alter, modify or delete existing control 

equipment. 

"Auxiliary fuel firing equipment" means equipment to supply additional heat, by the 

combustion of an auxiliary fuel, for the purpose of attaining temperatures sufficient to 

dry and ignite the waste material, to maintain ignition thereof, and to promote complete 

combustion of combustible gases, solids and vapors. 

"Backyard burning" means the disposal of residential waste by open burning on the 

premises of the property where such waste is generated. 

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

fuel derived from agricultural plant oils or animal fat such as, but not limited to, soybean 

oil. For purposes of this definition, "biodiesel fuel" must also meet the specifications of 

American Society for Testing and Material Specifications (ASTM) D 6751-02, "Standard 

Specification for Biodiesel Fuel (B100) Blend Stock for Distillate Fuels," and be 

registered with the U.S. Environmental Protection Agency as a fuel and a fuel additive 

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

amended through November 15, 1990. 

"Biomass" means 1

: 

1. Any organic material grown for the purpose of being converted to energy; 

2. Any organic byproduct of agriculture that can be converted into energy; or 

3. Any material that can be converted into energy and is nonmerchantable for 

other purposes, that is segregated from other nonmerchantable material, and 

that is; 

a. A forest-related organic resource, including mill residues, 

precommercial thinnings, slash, brush, or byproduct from conversion of 

trees to merchantable material; or 

b. A wood material, including pallets, crates, dunnage, manufacturing and 

construction materials (other than pressure-treated, chemically-treated, 

or painted wood products), and landscape 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 Public 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 required to raise the temperature 

of one pound of water from 59°F to 60°F. 

"Carbonaceous fuel" means any form of combustible matter (whether solid, liquid, vapor 

or gas) consisting primarily of carbon-containing compounds in either fixed or volatile 

form, and which is burned primarily for its heat content. 

"CFR" means the Code of Federal Regulations. 

"Circumvention" means evasion by the installation of any device or contrivance, or the 

concealment or the misrepresentation of facts about contaminant emissions for the 

purpose of misdirecting or evading proper installations or use of air pollution control 

devices or application of this Ordinance. 

 

"Combustion for Indirect Heating" means the combustion of fuel to produce usable heat 

that is to be transferred through a heat-conducting materials barrier or by a heat storage 

medium to a material to be heated so that the material being heated is not contacted by, 

and adds no substance to, the products of combustion. 

"Commenced" means that an owner or operator 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 construction 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 that has the function to prevent the 

formation of, or the emission to, the atmosphere of air contaminants 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 guidelines for decisions when establishing air 

quality goals, air quality standards and the various air quality levels, and which in no 

case is to be confused or used interchangeably with air quality goals or standards. 

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

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

2-D, as defined by the American Society of Testing and Materials (ASTM) D 975-02, 

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

D 2880-00, "Standard Specification for Gas Turbine Fuel Oils," or grade 1 or 2, as 

defined by ASTM D 396-02, "Standard Specification for Fuel Oils." 
Page 6 of 104 Linn County Ordinance # 3-3-2011

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

specified, diesel fuel may contain a blend of up to 2.0 percent biodiesel fuel, by 

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

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

biodiesel fuel blends specified in numbered paragraph "1" to be equivalent to the 

air pollutant emissions calculations for unblended diesel fuel. 

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

issued under 567 IAC Chapter 22 which restrict equipment fuel use to diesel fuel 

shall be considered by the Department to include biodiesel fuel blends specified 

in numbered paragraph "1," unless otherwise specified in LCCO §10.5 or in a 

permit issued under LCCO §10.5 or 567 IAC Chapter 22. 

"Director" means the Director 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 which 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 generator does not include: 

1. Peaking units at electric utilities; or 

2. Generators at industrial facilities that typically operate at low rates, but are not 

confined to emergency purposes; or 

3. Any standby generators that are used during time periods when power is 

available from the electric utility. 

An emergency is an unforeseeable condition that is beyond the control of the owner or 

operator. 

"Emission" means a release of one or more 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 specifications, or prescribe operation or maintenance procedures for 

a source to assure continuous 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 meant to alter or affect the definition of the term "unit" for 

purposes of Title IV of the Act 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 that 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 amended 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 through January 12, 2004), C (as amended 

through December 16, 1975), and F (as amended 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 through 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 emitting air contaminants to produce air 

pollution such as fuel burning, combustion or process devices or apparatus including 

but not limited to fuel-burning equipment, refuse burning equipment used for the burning 

of fuel or other combustible material from which the products of combustion are emitted; 

and including but not limited to apparatus, equipment or process devices which 

generate heat and may emit products of combustion, and manufacturing, chemical, 

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

particulate matter or other air contaminants. 

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

necessary for complete combustion of all fuel or combustible waste material present. 

"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 equipment, 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 requirements 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 requirements of such other state rules or 

orders approved by the Administrator for inclusion 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 used for melting of metals consisting of, 

but not limited to, the furnace proper, tuyeres, fans or blowers, tapping spout, charging 

equipment, gas cleaning devices and other auxiliaries. 
Page 8 of 104 Linn County Ordinance # 3-3-2011

"Fuel burning equipment" means equipment, device or contrivance and all 

appurtenances thereto, including ducts, breechings, control equipment, fuel-feeding 

equipment, ash removal equipment, combustion controls, stacks, chimneys, etc., used 

principally but not exclusively to burn any fuel for the purpose of indirect heating in 

which the material being heated is not contacted by and adds no substances to the 

products of combustion. 

"Fugitive dust" means any airborne solid particulate 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, cooking, 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, hydrofluorocarbons, perfluorocarbons, and sulfur 

hexafluoride. GHGs emitted shall be computed as follows: Multiplying the mass 

amount of emissions (tpy), for each of the six greenhouse gases in the pollutant GHGs, 

by the gas’s associated global warming potential 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 CO2.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 pollutant 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. For solid fuels, the heating value shall be 

determined by use of ASTM Standard D2015-66. 

"Household rubbish" means waste material and trash, not to include garbage, petroleum 

or asphalt-based products, normally accumulated 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 combustion apparatus designed for high temperature operation in 

which solid, semi-solid, liquid, or gaseous combustible 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 equipment, control equipment or permanent structures. 

Not included are activities incident to preliminary engineering, environmental studies, or 

acquisition of a site for a facility. 

"Landscape waste" means any vegetable or plant 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 would 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 NOx shall be considered significant for ozone. 

2. A physical change, or change in the method of operation, shall not include: 

a. Routine maintenance, repair, and replacement; 

b. Use of an alternative fuel or raw material by reason of an order under §§2(a) 

and (b) of the Energy Supply and Environmental 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 reason of an order or rule 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 material by a stationary source which the 

source was capable of accommodating 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, provided 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 the 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-fired electric utility steam generating unit. 

3. This definition shall not apply with respect to a particular regulated NSR pollutant 

when the major stationary source is complying with the requirements under rule 567 

IAC 33.9 for a PAL for that pollutant. Instead, 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 pollutants which emits, or has 

the potential to emit, 100 tons per year or more of any 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 ore reduction plants; 

• Primary copper smelters; 

• Municipal incinerators capable of charging more than 250 tons of refuse per day; 

• Hydrofluoric, sulfuric, and nitric acid plants; 

• Petroleum refineries; 

• Lime plants; 

• Phosphate rock processing plants; 

• Coke oven batteries; 

• Sulfur recovery plants; 

• Carbon black plants (furnace process); 

• Primary lead smelters; 

• Fuel conversion plants; 

• Sintering plants; 

• Secondary metal production plants; 

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

produce ethanol by natural fermentation included in NAICS code 325193 or 312140); 
Page 11 of 104 Linn County Ordinance # 3-3-2011

• Fossil–fuel boilers (or combinations thereof) totaling more than 250 million British 

thermal units per hour heat input; 

• Petroleum storage and transfer units with a total storage capacity exceeding 

300,000 barrels; 

• Taconite ore processing plants; 

• Glass fiber processing plants; and 

• Charcoal production plants. 

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

stationary source which emits, or has the potential to emit, 250 tons per year or more of 

a regulated NSR pollutant; or 

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

qualifying under this definition as a major stationary source if the change would 

constitute a major stationary source by itself. 

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

considered major for ozone. 

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

for any of the purposes of this rule whether it is a major stationary source, unless the 

source belongs to one of the categories of stationary sources listed in paragraph "1"(a) 

of this definition or to any other stationary source category which, as of August 7, 1980, 

is being regulated under Section 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 failure that is caused entirely or in part by 

poor maintenance, careless operation, lack of an adequate maintenance program, or 

any other preventable upset condition or preventable equipment breakdown shall not be 

considered a malfunction. 

"Maximum achievable control technology (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 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 sources 

in the category of stationary sources, that shall not be less stringent than the MACT 

floor. 

2. For new sources, the emission limitation 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 existing sources in the Unites States (for which the 
Page 12 of 104 Linn County Ordinance # 3-3-2011

Administrator or Director has emissions information), excluding those sources that 

have, within 18 months before the emission standard is proposed or within 30 months 

before such standard is promulgated, whichever is later, first achieved a level of 

emission rate or emission reduction which complies, or would comply if the source is 

not subject to such standard, with the lowest achievable emission rate applicable to 

the source category and prevailing at the time, for categories and subcategories of 

stationary sources with 30 or more sources in the category or subcategory, or the 

average emission limitation achieved by the best performing five sources in the United 

States (for which the administrator or Director has or could reasonably obtain 

emissions information), for category or subcategory of stationary sources with fewer 

than 30 sources in the category or subcategory. 

2. For new sources the emission limitation 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 increases the amount of any air pollutant (to which a standard 

applies) emitted into the atmosphere by that facility or which results in the emission of 

any air pollutant (to which a standard applies) into the atmosphere not previously 

emitted. 

"National Ambient Air Quality Standards (NAAQS)" are the standards established 

pursuant to Section 109 of the Clean Air Act that apply for ambient air. 

"National Emission Standards for Hazardous Air Pollutants (NESHAP)" are emission 

standards established pursuant to Section 112 of the Clean Air Act. 

"New equipment" means except for any equipment or modified equipment to which 

§10.9(2) applies, any equipment or control 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, which may cause the emission 

of air contaminants or eliminate, reduce or control the emission 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 (NSPS)" are performance standards established 

pursuant to Section 111 of the Clean Air Act. 

"Nonattainment area" means any area of the country designated by the EPA at 40 CFR 

part 81 in accordance with section 107(d) of the Act as nonattainment 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 fuel oil number 2, as 

defined by the American Society of Testing 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 contained in Chapter 10 of the Linn County 

Code of Ordinances and unless otherwise specified, number 1 fuel oil or number 2 

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

"biodiesel fuel" is defined in this rule. 

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

fuel blends specified in numbered paragraph "1" to be equivalent to the air pollutant 

emission calculations for unblended number 1 fuel oil or unblended number 2 fuel oil. 

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

567 IAC Chapter 22, which restrict equipment fuel use to number 1 fuel oil or number 

2 fuel oil shall be considered by the Department to include the biodiesel fuel blends 

specified in numbered paragraph "1," unless otherwise specified in LCCO §10.5 or in 

a permit issued under LCCO 10.5 or 567 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 exposed 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 equipment, 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-minute 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 combustible materials from which the products of 

combustion are emitted into the open air without 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 volumes 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 Officer, which govern the operation and/or 

emissions of a particular permitted air pollution source. 

"Permit to Operate" means the authority has been granted by the Air Pollution Control 

Officer for an air contaminant source to operate new installations or control equipment 

or to operate altered or modified existing equipment. 

"Person" means any individual, firm, corporation, organization, partnership, business, 

trust, public or private corporation, company, trustee, syndicate, club, institution, 

agency, or any federal, state or local governmental agency 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 complaint by not less than 20 signatures of 

persons directly aggrieved by the condition causing the complaint when submitted to the 

Air Pollution Control 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. 

"PM10" means particulate matter within an aerodynamic 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 CFR Part 53 as amended in 567 IAC 20.2. 

"PM2.5" means particulate matter within an aerodynamic 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 capacity of a stationary source to emit a 

pollutant under its physical and operational design. Any physical or operational 

limitation on the capacity of the source to emit a pollutant, including air pollution control 

equipment and restrictions on hours of operation or on the type or amount of material 

combusted, stored, or processed, shall be treated as part of its design if the limitation is 

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

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

the Act or the regulations relating to acid rain. 

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

provisions set forth in 567 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 actually been operated less 

than 500 hours per year for the past five years. 

2) 8760 hours of operation annually, if the generator has actually 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 construction permit review, then potential to emit 

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

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

modified sources issued by the Director pursuant to 567 IAC Chapter 33. 

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

the release of which would tend to affect adversely the competitive position of the owner 

or operator of the equipment. 

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

manufacturing or processing that emit smoke, particulate matter, gaseous matter or 

other air contaminant. 

"Process weight" means the total gross weight of all materials that are capable of 

causing any discharge into the atmosphere, introduced into a specific process, including 

liquids in any form, but excluding air and free water in any form. 

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

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

entire period of continuous operation or for a typical portion thereof, divided by the 

number of hours of each period or portion thereof. 

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

complete operation or an integral number of cycles, divided by the hours of actual 

process operation during such a period. 

3. Where the nature of any process or operation or the design of any equipment is 

such as to permit more than one interpretation of this definition, the interpretation that 

results in the minimum value for allowable emissions shall apply. 

"Public Health Department" means the Director or administrative 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 national ambient air quality standard has been 

promulgated and any constituents or precursors for such pollutants identified by the 

Administrator (e.g., volatile organic compounds and NOX are precursors for ozone); 
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 subject to a standard promulgated under or 

established by title VI of the Act; or 

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

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

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

section 112(b)(3) of the Act, are not regulated NSR pollutants unless the listed 

hazardous air pollutant is also regulated as a constituent or precursor of a general 

pollutant listed under section 108 of the Act as defined in 567 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 Section 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 Section 108 of the Act. 

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

residential activities. The term includes landscape waste grown on the premises or 

deposited thereon by the elements, but excludes garbage, tires, trade wastes, and any 

locally recyclable goods or plastics. 

"Responsible Official" means one of the following: 

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

corporation in charge of a principal business function or any other person who 

performs similar policy or decision-making functions for the corporation or duly 

authorized representative of such person if the representative is responsible for the 

overall operation of one or more manufacturing production or operating facilities 

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

persons or have a gross annual sales or expenditures exceeding $25 million (in 

second quarter 1980 dollars); or the delegation of authority to such representative is 

approved in advanced by the permitting authority. 

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

respectively. 

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

executive officer or ranking elected official. For the purposes of this chapter, a 

principal executive office of a federal agency includes the Chief Executive Officer 

having responsibility for the overall operations of a principal geographic unit 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 prohibitions under Title IV of the Act or the regulations 
Page 17 of 104 Linn County Ordinance # 3-3-2011

promulgated thereunder are concerned; and the designated representative for any 

other purposes under this chapter or the Act. 

"Rubbish" means all waste materials of nonputrescible nature. 

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

in salvaging or reclaiming any product or material, including, but not limited to, 

chemicals, drums, metals, motor vehicles or shipping containers. 

"Sampling facilities" means access structure and adequate stack 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 premises being used in violation of this Ordinance. 

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

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

to emit any of the following pollutants, at a rate of emissions that would equal or exceed 

any of the following rates: 

 Pollutant and Emissions Rate 

 Carbon monoxide: 100 tons per year (tpy) 

 Nitrogen oxides: 40 tpy 

 Sulfur dioxide: 40 tpy 

 Particulate matter: 25 tpy 

 PM10: 15 tpy 

 PM2.5: 10 tpy 

 Ozone: 40 tpy of volatile organic compounds or NOx 

 Lead: 0.6 tpy 

 Fluorides: 3 tpy 

 Sulfuric acid mist: 7 tpy 

 Hydrogen sulfide (H2S): 10 tpy 

 Total reduced sulfur (including H2S): 10 tpy 

 Reduced sulfur compounds (including H2S): 10 tpy 

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

x 10-6 tpy) 

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

per year (15 tons per year) 

 Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen 

chloride): 36 megagrams per year (40 tons per year) 

 Municipal solid waste landfill emissions (measured as nonmethane organic 

compounds): 45 megagrams per year (50 tons per year) 

"Six-minute period" means any one of the ten equal parts of a one-hour period. 
Page 18 of 104 Linn County Ordinance # 3-3-2011

"Smoke" means gas-borne particulates resulting from incomplete combustion, 

consisting predominantly, but not exclusively, of carbon, and other combustible material, 

or ash, that form a visible plume in the air. 

"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 operation preceding the emission of an air 

contaminant, and which results in the separation of the air contaminant from the 

process materials or in the conversion of the 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 temperature of 70 degrees Fahrenheit and a gas 

pressure of 29.92 inches of mercury absolute. 

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

conditions. 

"Standard metropolitan statistical area (SMSA)" means an area that has at least one 

city with a population of at least 50,000 and such surrounding areas as geographically 

defined by the U.S. Bureau of the Budget (Department of Commerce). 

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

equipment or processes for any purpose. 

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

approved by the Administrator which provides for implementation, maintenance, and 

enforcement of such primary and secondary ambient air quality standards as are 

adopted by the Administrator, pursuant to the Act. 

"Stationary source" means any building, structure, facility or installation which emits or 

may emit any air pollutant. 

"Subject to regulation" For purposes of this chapter, the definition of "subject to 

regulation" shall be adopted by reference as defined in Iowa 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 quantity of a specific fuel or waste. 

"Title V" means Title V of the Clean Air Act, 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 particulate matter as measured by an EPAapproved reference method. 

"Trade waste" means any refuse resulting from the prosecution of any trade, business, 

industry, commercial venture (including farming and ranching), or utility or service 

activity, and any governmental or institutional activity, whether or not for profit. 

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

rolling basis with a new 12-month period beginning on the first day of each calendar 

month. 

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

that have not been treated with compounds such as, but not limited to, paint, pigmentstain, adhesive, varnish, lacquer, or resin or that have not been pressure treated with 

compounds such as, but not limited to, chromate copper, acetate, pentachlorophenol or 

creosote. "Untreated" as it refers to seeds, pellets or other vegetative matter that 

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

fungicides. 

"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, ordinances, or standards granted by 

the Air Pollution Control Officer for a specified 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 division of the Linn County Public Health 

Department. An Air Pollution Control Officer 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 Department of Natural Resources and promulgated as 567 IAC 

Chapter 22, are hereby specifically incorporated by reference and adopted as a part of 

this ordinance. 

2. Voluntary Operating Permits. Except as hereafter modified the Voluntary Operating 

Permit regulations or rules as promulgated as 567 IAC Chapter 22, are hereby 

specifically incorporated by reference and adopted as a part of this 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 Pollution 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 emission 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 install 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 obtained before any on-site construction takes place. 

The Air Pollution Control Officer must be notified of any modification or change made 

from the original plans. 

Before an Authorization To Install is granted, 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 Officer shall notify the applicant in writing of 

the required size, number, and location of sampling holes; the size and location of 

sampling platform; the access to the sampling platform; and the 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 replacing 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 contain 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 the 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 final emission after control. 

8) Estimated equipment operation 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 number of the person submitting the 

application or, if such person is a legal entity, the 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 necessary by the Department to determine 

compliance with or applicability of rules for Prevention of Significant Deterioration. 

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

operate equipment covered by the permit application on the property identified in 

the permit application. A signed statement shall not be required for rock crushers, 

portable concrete or asphalt equipment used in conjunction with specific identified 

construction projects which are intended to be located at a site only for the 

duration of the specific, identified construction project. 

b. Public Notice Requirements 

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

or authorization is issued for a significant modification to an existing major source as 

defined in §10.2 and 567 IAC Chapter 33, a notice of intent shall be published by the 

Department in a newspaper having general circulation in the area affected by the 

emissions of the proposed source. The notice and supporting documentation shall be 

made available for public inspection upon request. Publication of the notice shall be 

made at least thirty (30) days prior to issuing a permit. The public may submit written 

comments or request a public hearing. If the response indicates significant interest, a 

public hearing may be held after due notice. 

A copy of the notice announcing the opportunity for public comment shall be sent to the 

United States Environmental Protection Agency Regional Administrator 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 article, machine, equipment, or other 
Page 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 permit to operate the equipment. Extensions of 

the ninety (90) day adjustment period may be granted by the Air Pollution Control 

Officer for good cause. Expiration of the Authorization To Install permit does not relieve 

the applicant from complying with any permit conditions which may have been a part of 

the original Authorization To Install permit. 

d. Issuance of Permit 

In no case shall an Authorization to Install permit that results in an increase in emissions 

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

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

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

contained in an order or permit condition, the Department may consider issuance of an 

Authorization to Install permit. An Authorization To Install permit shall be issued when 

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

and: 

1) That the required plans and specifications represent equipment which 

reasonably can be expected to comply with all applicable emission standards, 

and 

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

conjunction with all other emissions, will not prevent the attainment or 

maintenance of the ambient air quality standards specified in Section 10.1, 

and 

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 all other applicable requirements. 

3. Permit to Operate. The Air Pollution Control Officer is delegated the authority to 

issue Permits to Operate. Before any article, machine, equipment or other contrivance 

which when used may cause the creation or emission of air contaminants may be 

operated, continued in operation, or used beyond the adjustment period described in 

§10.5(2), a written permit shall be obtained from the Air Pollution Control Officer. No 

Permit to Operate or Use shall be granted either by the Air Pollution Control Officer or 

the Board of Health for any article, machine, 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 the Air Pollution Control Officer. The Air 

Pollution Control Officer shall require the article, machine, equipment, or contrivance 

altered, if necessary, to conform to standards set forth in this ordinance, prior to 

granting the permit to operate. 

a. Permit Form 
Page 23 of 104 Linn County Ordinance # 3-3-2011

Application for permit to operate shall be made on forms furnished by the Air Pollution 

Control Officer. The application shall include the name, address and telephone number 

of the person submitting the application or, if such person is a legal entity, the name and 

address of the individual authorized to accept service of process on its behalf and the 

name of the person in charge of the premises 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 determined that the control device is operating within the 

emission limits established by this Ordinance or as specified in any permit conditions 

and that operation of the equipment will not prevent the attainment or maintenance of 

the ambient air quality standards. 

The Air Pollution Control officer may require special permit conditions on a case-bycase basis when the compliance status, history of operations, ambient air quality in the 

vicinity, or the type of control equipment 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 Operate any article, machine, equipment, 

or other contrivance described in §10.5(3) shall firmly affix an approved identification 

bearing the emission point number upon the article, machine, equipment, stack or other 

contrivance in a clearly visible and accessible manner. In the event that the article, 

machine, equipment, or other contrivance is so constructed or operated that such 

identification can not be so placed, the emission point number shall be identified in a 

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

be available at all times to Department personnel. 

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

identification bearing the emission point number on any article, machine, equipment or 

other contrivance. 

4. Action on Application. The Air Pollution Control Officer shall act within a reasonable 

period of time on an application for Authorization To Install or Permit to Operate, and 

shall notify the applicant in writing of the approval, conditional 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 therefore. Service of this notification may be made in person or 

by certified mail, and such service may be proven by the written acknowledgment of the 

persons served or by affidavit of the person making the service. The Air Pollution 
Page 24 of 104 Linn County Ordinance # 3-3-2011

Control Officer shall not accept any additional 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 another unless the equipment 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 relocating the portable equipment to an area 

currently classified as nonattainment for ambient air quality standards or to an area 

under a maintenance plan for ambient air quality standards, the owner or operator shall 

notify the department at least 30 days prior to transferring the portable equipment to the 

new location. A list of nonattainment and maintenance areas may be obtained from the 

department, upon request, or on the department’s Internet Web site. The owner or 

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

relocation will prevent the attainment or maintenance of ambient air quality standards 

and thus require a more stringent emission standard and the installation of additional 

control equipment. In such a case a supplemental permit shall be obtained prior to the 

initiation of construction, installation, 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 certification that the described equipment was 

acquired and/or installed 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 for which these regulations require a permit 

shall provide and maintain such sampling and testing facilities as specified in the 

Authorization to Install permit or Permit to Operate. 

9. Exemptions from the Authorization to Install Permit and Permit to Operate 

Requirements. The provisions of §10.5 shall not apply to the following equipment, 

except when Prevention of Significant Deterioration Standards (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 Pollutants (40 CFR Part 61 NESHAP), (567 IAC 

23.1(3), (§10.9(3)); or Emission Standards for Hazardous Air Pollutants for source 

categories (40 CFR Part 63 NESHAP), (567 IAC 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 heating 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, harvesting crops, or raising livestock other 

than anaerobic lagoons. This exemption is not applicable if the equipment is 

used to remove substances from grain which were applied to the grain by 

another person. This exemption also is not applicable to equipment used by a 

person to manufacture commercial feed, as defined in Iowa Code section 198.3, 

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

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

confinement building owned or operated by that person and located in this state. 

e. Direct-fired residential heaters, cook stoves, or fireplaces, 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 analyses conducted for quality assurance or 

quality control activities, or for the assessment of environmental impact. 

g. Recreational fireplaces. 

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

manufacturing facility. 

i. Storage tanks with a capacity of 19,812 gallons or less 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 industrial waste are not exempt. 

k. Retail gasoline and diesel fuel handling facilities. The owner or operator of a 

retail gasoline dispensing facility (GDF) that is subject to applicable national 

emission standards for hazardous air pollutants (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, certifying that the GDF is in compliance with 

the following federal regulations: 

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

gasoline dispensing facilities (40 CFR Part 63, Subpart CCCCCC). 
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 which 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 process 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 and renovation projects subject 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 that the owner or operator meets all of 

the conditions in this paragraph. For the purposes of this exemption, the 

manufacturer's nameplate rated capacity at full load shall be defined as the brake 

horsepower output at the shaft. The owner or operator of an engine that is 

subject to applicable new source performance standards (NSPS) and/or national 

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

engine was manufactured, ordered, modified or reconstructed may not use this 

exemption in accordance with §10.5(9). The owner or operator, prior to 

installing, modifying or reconstructing the engine, must submit to the department 

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

engine is in compliance with the following federal regulations: 

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

ignition internal combustion engines (40 CFR 60, Subpart 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 hazardous air pollutants (NESHAP) for 

stationary reciprocating internal combustion 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 engine 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 class 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 capacity. 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 psia. "Maximum true vapor pressure" 

means the equilibrium partial pressure of the material considering: 

 For material stored at ambient temperature, the maximum monthly 

average temperature as reported by the National Weather Service, or 

 For material stored above or below the ambient temperature, the 

temperature equal to the highest calendar-month average of the 

material storage temperature. 

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

surface grinding, sanding, planing, buffing, sandblast cleaning, shot blasting, shot 

peening, or polishing ceramic artwork, leather, metals (other than beryllium), 

plastics, concrete, rubber, paper stock, and wood or wood products, where such 

equipment is either used for non-production activities or exhausted inside a 

building. 

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

polishing, carving, cutting, drilling, machining, routing, sanding, sawing, scarfing, 

surface grinding, or turning. 

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

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 reduces or eliminates all emission to the 

atmosphere. If a source wishes to obtain credit for emission reductions, a permit 

must be obtained for the reduction prior to the time the reduction is made. If a 

construction permit has been previously issued for the equipment or control 

equipment, all other conditions of the construction permit remain in effect. 

w. The following equipment, processes, and activities: 

(1) Cafeterias, kitchens, and other facilities 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 consumer use of janitorial products. 

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

keeping purposes. 

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

to clean, with water solutions of bleach or detergents, or to dry clothing, bedding, 

and other fabric items used on site. This exemption does not include laundry 

activities that use dry cleaning equipment or steam boilers. 
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 activities and repair or maintenance shop 

activities (e.g., grounds keeping, general repairs, cleaning, painting, welding, 

plumbing, retarring roofs, installing insulation and paving parking lots), provided 

that these activities are not conducted as part of manufacturing process, are not 

related to the source’s primary business activity, and do not otherwise trigger a 

permit modification. Cleaning and painting activities qualify if they are not subject 

to requirements for volatile organic compounds or hazardous air pollutants as 

defined in 567 IAC 22.100. 

(9) Air compressors and vacuum, pumps, including hand tools. 

(10) Batteries and battery charging stations, except at battery manufacturing 

plants. 

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

surfactants, waxes, glycerin, vegetable oils, greases, animal fats, sweetener, 

corn syrup, and aqueous salt or caustic solutions, provided that appropriate lids 

and covers are utilized and that no organic solvent has been mixed with such 

materials. 

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

equipment at slaughterhouses, such as rendering cookers, boilers, heating 

plants, incinerators, and electrical power generating equipment. 

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

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

production facilities. 

(15) Equipment used by surface coating operations that apply the coating by 

brush, roller, or dipping, except equipment that emits volatile organic compounds 

or hazardous air pollutants as defined in 567 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 chambers, and solar simulators. 

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

unpaved road surfaces, provided that the emissions are not accounted for 

applicability purposes and that any fugitive dust control plan or its equivalent is 

submitted as required by the Department. 
Page 29 of 104 Linn County Ordinance # 3-3-2011

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

tanks, and demineralizer vents. 

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

(22) Oxygen scavenging (deaeration) of water. 

(23) Fire suppression systems. 

(24) Emergency road flares. 

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

(26) Steam sterilizers. 

(27) Application of hot melt adhesives from closed-pot systems using polyolefin 

compounds, polyamides, acrylics, ethylene vinyl acetate and urethane material 

when stored and applied at the manufacturer’s recommended temperatures. 

Equipment used to apply hot melt adhesives shall have a safety device that 

automatically shuts down the equipment if the hot melt temperature exceeds the 

manufacturer’s recommended application temperature. 

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

capacity of less than 10 million Btu per hour input, and direct-fired equipment 

burning fuel oil with a capacity of less than 1 million Btu per hour input, with 

emissions that are attributable only to the products of combustion. Emissions 

other than those attributable to the products of combustion shall be accounted for 

in an enforceable permit condition or shall otherwise be exempt under this 

subrule. 

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

systems, but excluding any combustion equipment associated with such 

systems. 

z. Pretreatment application processes that use aqueous-based chemistries 

designed to clean a substrate, provided that the chemical concentrate contains 

no more than 5 percent organic solvents by weight. This exemption includes 

pretreatment processes that use aqueous-based cleaners, cleanerphosphatizers, and phosphate conversion coating chemistries. 

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

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

maximum heat input of less than 10 million BTU per hour and that are used for 

powder coating operations, provided that the total cured powder usage is less 

than 75 tons of powder per year at the stationary source. Records shall be 

maintained on site by the owner or operator for a period of at least two calendar 

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

threshold. 
Page 30 of 104 Linn County Ordinance # 3-3-2011

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

aerosol cans, where the total volatile organic compound emissions from all these 

activities at a stationary source do not exceed 5.0 tons per year. 

dd. Production welding. 

(1) Welding using a consumable electrode, provided that the consumable 

electrodes used fall within American 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 for 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 electrode used shall be maintained on site 

by the owner or operator for a period of at least two calendar years. 

 For stationary sources where electrode usage exceeds these levels, the 

welding activity at the stationary source may be exempted if the amount of 

electrode used (Y) is less than: 

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

 Y = the greater of 187x – 2,600 or 28,000 for SMAW or FCAW 

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

annual electrode usage in pounds per year. 

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

specified exemptions, the most stringent limits must be applied. 

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

a consumable electrode, provided that the base metals do not include any 

stainless steel, alloys of lead, alloys of arsenic, or alloys of beryllium and 

provided that the base metals are uncoated, excluding manufacturing process 

lubricants. 

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

ff. Pressurized piping and storage systems for natural gas, propane, liquefied 

petroleum gas (LPG), and refrigerants, where emissions could only result from 

an upset condition. 

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

painting operations, provided that the emissions from the storage and mixing are 

accounted for in an enforceable permit condition or are otherwise exempt. 

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

equal to six inches and an annual material throughput of less than 1,000 gallons 

per year as calculated on a stationary source-wide basis. 

ii. A regional collection center (RCC), as defined in 567 IAC Chapter 211, involved 

in the processing of permitted hazardous materials from households and 
Page 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 eligible to use this exemption. 

jj. Cold solvent cleaning machines that are not in-line cleaning machines, where the 

maximum vapor pressure of the solvents used shall not exceed 0.7 kPa (5 

mmHg or 0.1 psi) at 20°C (68°F). The 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 used for cold solvent cleaning machines 

that use solvent containing methylene chloride (CAS # 75-09-2), 

Perchloroethylene (CAS # 127-18-4), trichloroethylene (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 combination of these halogenated HAP 

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

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

construction internal combustion engines that are operated only for repair or 

maintenance purposes at equipment repair shops or equipment dealerships, and 

only when the repair shops or equipment dealerships are not major sources as 

defined in rule 567 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 credit allowed for stack heights that exceed 

"good engineering practice", the Iowa Administrative Code rule 567-23.1(5) as amended, 

shall apply and is hereby made a part of this Ordinance by reference. 

10.6 Permit Fees 

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

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

contrivance for which such permit or authorization is required by the terms of this 

Ordinance or otherwise required by law, shall pay a filing fee, except federal, state, or 

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

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

annual operating fee due date, (hereafter referred to as the invoice 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 date, the permit shall expire 

and no longer be valid. The permit holder shall 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 violation 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 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 fines, court costs or restitution. 

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

above, all applicants for an Authorization to Install made after the initiation of on-site 

construction; for an Authorization to Install and a Permit to Operate for emission 

sources already in operation; or for renewals made after the expiration date; shall pay a 

late filing fee for each permit or renewal required. Nothing herein shall limit the Air 

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

lieu of or in addition to the collection of this filing fee. 

4. Fees required under Sections 10.6(1), 10.6(2) and 10.6(3) above shall be 

recommended by the Air Pollution Control Officer 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 visible air contaminants of a 

density or shade equal to or darker than that designated 20 percent opacity, into the 

atmosphere from any equipment, internal combustion 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 requirements of 567-29.1 of the 

Iowa Administrative Code. 

1. General Exceptions. 

a. Residential Heating Equipment. Residential natural or propane gas fired heating 

equipment serving dwellings of 4 family units or less is exempt. 

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

emissions of visible air contaminants from 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 shall 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 designated as 40 percent opacity, for longer 

than 5 consecutive seconds. 

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

emission of visible air contaminants from 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. Initial start and warm-up of a cold engine, the testing of an 

engine for trouble, diagnosis or repair, 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 aggregating 6 minutes in any 60 minute period 

when building a new fire, cleaning a fire, cleaning pollution control equipment or 

when blowing tubes and flues in a power plant, heating plant, or a domestic 

heating plant. This time may be extended 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 provisions except for the presence of 

uncombined water, such as condensed water vapor. 

2. Abnormal conditions or breakdown which cause emissions in excess of the 

limitations specified above 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 liquids, gases or solids and in 

the course of doing so, the products 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. When 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 determined 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-3286-82, "Gross Calorific Value of Solid Fuel by the 

Isothermal-Jacket Bomb Calorimeter". The heat content of oil shall be determined 
Page 34 of 104 Linn County Ordinance # 3-3-2011

according to ASTM standard test method 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 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 total heat input of all fuel-burning units on a 

plant or premises shall be used for determining the maximum allowable amount of 

particulate matter which may be emitted. 

d. With the exception of New Source Performance Standard Sources as defined in 

§10.9(2) of this Ordinance, the amount of particulate matter emitted shall be measured 

according to the State of Iowa Compliance 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 the approval of the Air Pollution Control 

Officer. 

2. Emission Limitation. 

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

combustion of fuel in fuel-burning equipment, from any stack 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 table for heat inputs greater than 10 but less than 

4,000 million BTU per hour shall be accomplished 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/million 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 emission 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 generating 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 particulates 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 shall be as determined in §10.8(2)(a). 

3. Exemption for Residential Heaters Burning Solid Fuels 

Residential heaters meeting the definition of "fuel burning 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 fuels, 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 limited to the following solid fuels. 

1) Untreated wood; 

2) Wood pellets made from untreated wood; 

3) Home heating oil in compliance with the applicable sulfur content limit, propane 

or natural gas may be used as starter fuels for dual-fired residential heaters as 

specifically permitted by manufacturer’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 Section 10.2 of this ordinance. 

b. Residential heaters located on property that is incorporated or zoned Urban Service 

Residential (USR), Rural Residential 1 (RR1), Rural Residential 2 (RR2), or Rural 

Residential 3 (RR3), Village Residential (VR), or Village Mixed-Use (VM): 

1) The owner shall not operate the residential heater during the period starting May 

15 and ending September 15. 

2) Excluding untreated wood 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 feet 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 structure that is located 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 greater than 25 feet above ground 

level. 

c. Residential heaters property that is NOT incorporated or zoned Urban Service 

Residential (USR), Rural Residential 1 (RR1), Rural Residential 2 (RR2), or Rural 

Residential 3 (RR3), Village Residential (VR) or Village Mixed-Use (VM): 

1) Excluding untreated wood 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 residential heater shall have 

a permanent stack that extends 15 feet above ground level. 

3) The owner of a residential heater may elect to comply with the requirements of 

subparagraph "b" of this section rather than the requirements specified in 

subparagraph "c." 

4. Nuisance Conditions for Fuel Burning Equipment 

a. No person shall cause or allow emissions of air contaminants to the outdoor 

atmosphere of such quantity, characteristic 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. Notwithstanding the existence of 

specific air quality standards or emission limits, this prohibition applies, but is not 

limited to, any particulate, fume, gas, mist, odor, smoke, vapor, toxic, or 

deleterious emission, either alone or in combination with others. 

b. If existing fuel burning equipment is, through 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 nuisance such as extending 

the chimney, fuel management, or relocating the residential heater or both. 

2) Cease and desist operating the unit until 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 matter into the atmosphere in any one hour from any emission 

point from any process equipment at a rate in excess of that specified in Table I for the 

process weight rate allocated to such emission point. In any case, the emission of 

particulate matter from any process shall not exceed an emission standard of 0.1 grain 

per dry standard cubic foot of exhaust gas or Table I of this section, whichever would 

result in the lowest allowable emission rate. 
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 table 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 extrapolation of the data for process weight rates in excess of 

60,000 lb/hr shall be accomplished 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 standards 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, with the following exception: 

whenever the compliance status, history of operations, ambient air quality in the vicinity, 

or the type of control equipment utilized, would warrant maximum control, the Air 

Pollution Control Officer shall enforce 0.1 grains 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 that 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 particulate matter entering the air pollution control device. 

Regardless of the degree of efficiency of the air pollution control device, particulate 

matter discharged from such kilns shall not exceed 0.1 grains per standard cubic foot of 

exhaust gas. 

d. Cupolas for Metallurgical Melting. The emissions of particulate matter from all 

new foundry cupolas, and from all existing foundry 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 pounds 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 .( ) .

4.10( ) 0.67 E  P
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 Melting. The emissions of particulate matter 

to the atmosphere from electric furnaces used for metallurgical melting shall not exceed 

0.1 grains per standard cubic foot of exhaust gas. 

f. Feed Grinding and Mixing Plants. No person 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 Processing Plants. No person shall 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 the atmosphere from a grain bin vent at 

a country grain elevator, as "country grain elevator" is defined in 567 IAC 22.10(1), 

shall not exceed 1.0 grain per dry standard cubic foot of exhaust gas. 

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

that was constructed, modified or reconstructed before March 31, 2008, at a country 

grain terminal elevator, as "country grain terminal elevator" is defined in 567 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, allow, or permit the operation of a kiln for the 

processing of limestone such that 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 cause, allow, or permit the operation of a 

meat smokehouse or a group of meat smokehouses which consume 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 standard cubic foot of exhaust 

gas. 

j. Phosphate Processing Plants. 

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

operation of equipment for the manufacture of phosphoric acid that was in 

existence on October 22, 1974, in a manner that produces more than 0.04 

pounds of fluoride per ton of phosphorous pentoxide or equivalent input. 

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

the operation of equipment for the manufacture of diammonium phosphate that 

was in existence on October 22, 1974, in a manner that produces more than 0.15 

pounds of fluoride per ton of phosphorous pentoxide or equivalent input. 

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

operation of equipment for the manufacture of nitrophosphate in a manner that 

produces more than 0.06 pounds of fluoride per ton of phosphorus pentoxide or 

equivalent input. 

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

processing of phosphate ore, rock, or other phosphatic material (other than 

equipment used for the manufacture of phosphoric acid, diammonium phosphate 

or nitrophosphate) in a manner such that the unit emissions of fluoride exceed 

0.4 pounds of fluoride per ton of phosphorous pentoxide or its equivalent input. 

5) Notwithstanding "1" through "4," no person shall allow, cause, or permit the 

operation of equipment for the processing of phosphorus ore, rock or other 

phosphatic material including, but not limited 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 Appendix A to 40 CFR Part 60 as amended 

through March 12, 1996, as adopted in 567 IAC Chapter 23. 

7) Calculation. The allowable total emission of fluoride shall be calculated by 

multiplying the unit emission specified above by the expressed design production 

capacity of the process equipment. 

k. Portland Cement Batching Plants. No person shall cause, allow, or permit the 

operation of a Portland cement batching plant such that the particulate matter in the gas 

discharged to the atmosphere exceeds 0.1 grains per standard cubic foot of exhaust 

gas. 
Page 41 of 104 Linn County Ordinance # 3-3-2011

l. Incinerator. A person shall not cause, allow, or permit the operation of an 

incinerator unless it is provided with appropriate control of emissions of particulate 

matter and visible air contaminants. 

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

incinerator in a manner such that the particulate matter discharged to the 

atmosphere 0.2 grain per standard cubic foot of exhaust gas adjusted to 12 

percent carbon dioxide. 

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

with a rated refuse burning capacity of less than 1000 pounds per hour in a 

manner such that the particulate matter discharged to the atmosphere exceeds 

0.35 grains per standard cubic foot of exhaust gas adjusted to 12 percent carbon 

dioxide. 

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

incinerator in a manner such that it produces visible emissions which have an 

appearance, density, or shade darker than 20% opacity or that level specified in 

a federally enforceable permit; except that visible emissions which have an 

appearance, density, or shade not darker than 40% opacity may be emitted for a 

period or periods aggregating not more than 3 minutes in any 60 minute period 

during an operation breakdown or during the cleaning of air pollution control 

equipment. 

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 pouring 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 operation of any equipment designed 

for sand shakeout, mulling, molding, cleaning, preparation, reclamation or rejuvenation 

or any equipment for abrasive cleaning, shot blasting, grinding, 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, regardless of the types and 

number of operations that discharge from the stack. 

n. Painting and Surface Coating Operations. 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 cubic foot of exhaust gas. 

2. New Source Performance Standards. The federal standards of performance for new 

stationary sources, as defined in 40 CFR Part 60 as amended or corrected through 

October 8, 2009, as adopted in 567 IAC 23.1(2), are adopted 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 (Appendix A), performance specifications 

(Appendix B), determination of emission rate change (Appendix C) quality assurance 
Page 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 Generators. A fossil fuel-fired steam generating unit of 

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

modification is commenced 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 Portland cement plant: kiln; 

clinker cooler; raw mill system; finish mill system; raw mill dryer; 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 following at a petroleum refinery: Fluid catalytic 

cracking unit catalyst regenerator; fluid catalytic 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 following in a secondary lead smelter: Pot 

furnaces of more than 250 kilograms (550 pounds) charging capacity; blast (cupola) 

furnaces; and reverberatory furnaces. (Subpart L) 

 (9) Secondary Brass and Bronze Ingot Production 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 Plants. A basic oxygen process furnace. (Subpart N) 

 (11) Sewage Treatment Plants. 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 Smelters. Any of the following at a primary copper smelter: 

Dryer, roaster, smelting furnace 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, blast furnace, dross reverberatory furnace, 

converter and electric smelting furnace. (Subpart R) 

 (16) Primary Aluminum Reduction Plants. Either of the following at a primary 

aluminum reduction plant: Potroom groups and anode bake plants. (Subpart S) 

 (17) Wet Process Phosphoric Acid Plants in the Phosphate Fertilizer Industry. A wet 

process phosphoric acid plant, which includes 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 Fertilizer Industry. A granular 

diammonium phosphate plant, which includes any combination of the following: 

Reactors, granulators, dryers, coolers, screens and mills. (Subpart V) 

 (20) Triple Superphosphate Plants in the Phosphate Fertilizer Industry. A triple 

superphosphate plant, which includes any combination of the following: Mixers, curing 

belts (dens), reactors, granulators, dryers, cookers, screens, mills and facilities which 

store run-of-pile triple superphosphate. (Subpart W) 

 (21) Granular Triple Superphosphate Storage Facilities in the Phosphate Fertilizer 

Industry. A granular triple superphosphate storage facility, which includes any 

combination of the following: Storage or curing piles, conveyors, elevators, screens and 

mills. (Subpart X) 

 (22) Coal Preparation Plants. Any of the 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, calcium silicon, silicomanganese zirconium, 

ferrochrome silicon, silvery iron, high-carbon 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 kraft pulp mill: Digester system; 

brown stock washer system; multiple effect evaporator system; black liquor oxidation 

system; recovery furnace; smelt dissolving tank; lime kiln; and condensate stripper 

system. In pulp mills where kraft pulping is combined with neutral sulfite semichemical 

pulping, the provisions of the standard of performance are applicable when any portion 

of the material charged to the affected facility 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 than a kraft pulp mill. (Subpart HH) 

 (26) Electric Utility Steam Generating Units. An electric 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 fossil fuel-fired combustion of more than 25 

megawatts electric (MW) that serves a generator that produces electricity for sale. A 

unit that cogenerates steam and electricity and supplies more 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 electric utility steam generating unit. . (Subpart 

Da) 

 (27) Stationary Gas Turbines. Any simple 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. Unless 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. Any 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, guide coat operations, and topcoat operations. (Subpart MM) 

 (32) Ammonium Sulfate Manufacture. Any of the following in the ammonium sulfate 

industry: Ammonium sulfate dryers in the 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 metal furniture surface coating 

operation in which organic coatings are applied. (Subpart EE) 

 (34) Lead-Acid Battery Manufacturing Plants. Any lead-acid battery manufacturing 

plant which uses any of the following: Grid casting, paste mixing, three-process 

operation, lead oxide manufacturing, 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 rock 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 Coating--Large Appliances. Any surface coating operation in 

a large appliance surface coating line. (Subpart SS) 

 (38) Metal Coil Surface Coating. 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 roofing 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 Organic 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 January 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 modification 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 organic 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 total 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 pressure sensitive tape and label materials. 

(Subpart RR) 

 (44) Metallic Mineral Processing Plants. 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 Petroleum Refineries. A compressor and all 

equipment (defined in 40 CFR Part 60.591) within a process unit for which the 

construction, reconstruction, or modification commenced after January 4, 1983. 

(Subpart GGG) 

 (47) Flexible Vinyl and Urethane Coating and Printing. Each rotogravure printing line 

used to print or coat flexible vinyl or urethane products. (Subpart FFF) 

 (48) Petroleum Dry Cleaners. Petroleum dry cleaning plant with a total 

manufacturer's rated dryer capacity equal to or greater than 38 kilograms (84 pounds): 

Petroleum solvent dry cleaning dryers, washers, filters, stills, and settling tanks. 

(Subpart JJJ) 

 (49) Electric Arc Furnaces and Argon-Oxygen Decarburization Vessels Constructed 

after August 17, 1983. Steel plants that produce carbon, alloy, or specialty steels: 

Electric arc furnaces, argon-oxygen decarburization vessels, and dust handling 

systems. (Subpart AAa) 

 (50) Wool Fiberglass Insulation Manufacturing Plants. Rotary spin wool fiberglass 

manufacturing line. (Subpart PPP) 

 (51) Iron and Steel Plants. Secondary emissions from 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 modification commenced after January 20, 1984. 

(Subpart KKK) 

 (53) On-Shore Natural Gas Processing: SO2 Emissions. Unless exempted, each 

sweetening unit and each sweetening unit followed by a sulfur recovery unit for which 

construction, reconstruction, or modification 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 
Page 47 of 104 Linn County Ordinance # 3-3-2011

mineral processing plants for which construction, 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 construction, 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 Vessels. Unless exempted, volatile organic 

liquid storage vessels for which construction, reconstruction, or modification 

commenced after July 23, 1984. (Subpart Kb) 

 (57) Rubber Tire Manufacturing Plants. Unless exempted, each undertread 

cementing operation, each sidewall cementing operation, each tread end cementing 

operation, each bead cementing operation, each green tire spraying operation, each 

Michelin-A operation, each Michelin-B operation, and each Michelin-C automatic 

operation that commences construction or modification after January 20, 1983. 

(Subpart BBB) 

 (58) Industrial Surface Coating: Surface Coating of Plastic Parts for Business 

Machines. Each spray booth in which plastic 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 reconstruction 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 preparation equipment for which construction, 

modification, or reconstruction is commenced after January 22, 1986. (Subpart SSS) 

 (61) Polymeric Coating of Supporting Substrates. Unless exempted, each coating 

operation and any on-site coating mix preparation equipment used to prepare coatings 

for the polymeric coating of supporting substrates for which construction, modification, 

or reconstruction begins after April 30, 1987. (Subpart VVV) 

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

Oxidation Unit Processes. Unless exempted, any air oxidation reactor, air oxidation 

reactor and recovery system or combination 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, modification, or reconstruction commenced after 

October 21, 1983. (Subpart III) 

 (63) VOC Emissions from Synthetic Organic Chemical Manufacturing Industry 

Distillation Operations. Unless exempted, any distillation unit, distillation unit and 
Page 48 of 104 Linn County Ordinance # 3-3-2011

recovery system or combination of two or more distillation units and the common 

recovery system used in the production of any of the chemicals listed in 40 CFR 

§60.667 for which construction, modification, or reconstruction commenced after 

December 30, 1983. (Subpart NNN) 

 (64) Small Industrial-Commercial-Institutional Steam Generating Units. Each steam 

generating unit for which construction, modification, 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 million BTU per hour. (Subpart 

Dc) 

 (65) VOC Emissions from the Polymer Manufacturing Industry. Each of the following 

process sections in the manufacture of polypropylene and polyethylene - raw materials 

preparation, polymerization reaction, material recovery, product finishing, and product 

storage; each material recovery section of polystyrene manufacturing using a 

continuous process; each polymerization reaction section of poly(ethylene 

terephthalate) manufacturing using 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 terephthalic 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, modification, or reconstruction for polystyrene and 

poly(ethylene terephthalate) affected facilities and some polypropylene and 

polyethylene affected facilities is September 30, 1987. For the other polypropylene and 

polyethylene affected facilities the applicability date for these regulations is January 10, 

1989. (Subpart DDD) 

 (66) Municipal Waster 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 Elevators. A grain terminal elevator or any grain storage elevator except 

as provided under 40 CFR 60.304(b), August 31, 1993. A grain terminal elevator 

means any grain elevator which has a permanent storage capacity of more than 2.5 

million U.S. bushels except those located at animal food manufacturers, pet food 

manufacturers, cereal manufacturers, breweries, 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), rice 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 Plants. Each calciner and dryer 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 affected facility that is part of a process unit 

that produces any of the chemicals listed in 40 CFR §60.707 as a product, coproduct, 

by-product, or intermediate for which construction, modification, or reconstruction 

commenced after June 29, 1990. Affected facility is each reactor process not 

discharging its vent stream into a recovery system, each combination of a reactor 

process and the recovery system into which its vent stream is discharged, or each 

combination of two or more reactor processes and the common recovery system into 

which their vent streams are 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 accepting 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, modification or reconstruction is commenced after 

September 20, 1994. (Subpart Eb) 

(72) Hospital/medical/infectious waste 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 combustion unit that commenced construction after 

August 30, 1999, or small municipal waste combustion units that commenced 

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

 (74) Commercial and Industrial Solid Waste Incineration. Unless exempted, this 

standard applies to units for which construction is commenced after November 30, 

1999, or for which modification or reconstruction is commenced on or after June 1, 

2001. (Part 60, Subpart CCCC) 

 (75) Other Solid Waste Incineration (OSWI) Units. Unless 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 Internal Combustion Engines. Unless otherwise 

exempted, these standards apply to each stationary compression ignition internal 

combustion engine whose construction, modification 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 internal 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 reconstruction after February 18, 2005. (Part 

60, Subpart KKKK). 

3. Emission Standards for Hazardous Air Pollutants. 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 activities listed below. The corresponding 40 CFR 

Part 61 subpart designation is in parentheses. Reference test methods (Appendix B), 

compliance status information requirements (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 involving asbestos emissions: Asbestos mills, 

surfacing of roadways, manufacturing operations, fabricating, insulating, waste disposal, 

spraying applications and demolition and renovation operations. (Subpart M) 

 b. Beryllium. Any of the following stationary sources: Beryllium extraction plants, 

ceramic plants, foundries, incinerators, and propellant plants which process beryllium 

ore, beryllium oxide, beryllium alloys, or beryllium-containing 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. Rocket motor test sites. (Subpart D) 

 d. Mercury. Any of the following involving mercury emissions: Mercury ore 

processing facilities, mercury cell chlor-alkali plants, sludge incineration plants, sludge 

drying plants, and a combination of sludge incineration plants and sludge drying plants. 

(Subpart E) 

 e. Vinyl Chloride. Ethylene dichloride purification and the oxychlorination reactor in 

ethylene dichloride plants. Vinyl chloride formation and purification in vinyl chloride 

plants. Any of the following involving polyvinyl chloride plants: Reactor; stripper; 

mixing, weighing, and holding containers; monomer recovery system; sources following 

the stripper(s). Any of the following involving 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 (fugitive 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 Hazardous Air Pollutants (fugitive emissions 

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 volatile hazardous 

air pollutants. (Subpart V) 

 h. Inorganic Arsenic Emissions from Arsenic Trioxide and Metallic Arsenic 

Production Facilities. Each metallic arsenic production plant and each arsenic trioxide 

plant that processes low-grade arsenic bearing materials by a roasting condensation 

process. (Subpart P) 

 i. Inorganic Arsenic Emissions from Glass Manufacturing Plants. Each glass melting 

furnace (except pot furnaces) that uses commercial arsenic as a raw material. (Subpart 

N) 

 j. Inorganic Arsenic Emissions from Primary Copper Smelters. Each copper 

converter at any new or existing primary copper smelter except as noted in 40 CFR 

61.172(a). (Subpart O) 

 k. Benzene Emissions from Coke By-product Recovery Plants. Each of the following 

sources at furnace and foundry coke by-product recovery plants: tar decanters, tar 

storage tanks, tar-intercepting sumps, flushing-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 connection 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 storage tanks at furnace coke 

by-product recovery plants. (Subpart L) 

 l. Benzene Emissions from Benzene Storage Vessels. Unless exempted, each 

storage vessel that is storing benzene having a specific gravity within the range of 

specific gravities specified in ASTM D 836-84 for Industrial Grade 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 from Benzene Transfer Operations. Unless exempted, the 

total of all loading racks which benzene is loaded into tank trucks, rails cars, or marine 

vessels at each benzene production facility and each bulk terminal. (Subpart BB) 
Page 52 of 104 Linn County Ordinance # 3-3-2011

 n. Benzene Waste Operations. Unless exempted, 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 waste generated by any of these listed facilities. 

(Subpart FF) 

 

4. Emission Standards for Hazardous Air Pollutants for Source Categories. The 

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

CFR Part 63 as amended or corrected through March 3, 2010, as adopted in 567 IAC 

23.1(4), are adopted by reference, except those provisions which cannot be delegated 

to the states. The corresponding 40 CFR Part 63 subpart designation 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 the requirements of Clean Air 

Act Sections 112(g) and 112(j) and does not adopt standards for a specific affected 

facility. Test methods (Appendix A), sources defined for early reduction provisions 

(Appendix B), and determination of the fraction biodegraded (Fbio) in the biological 

treatment unit (Appendix C) of Part 63 also apply to the affected activities 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 this subrule a "major source" means any 

stationary source or group of stationary sources 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 pollutant 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 source" means any stationary source of 

hazardous air pollutants that is not a major 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 subpart or in a relevant standard) as adopted 

by reference below. . 

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

affected activities or facilities except when otherwise specified in a particular subpart or 

in a relevant standard. (40 CFR Part 63, Subpart A) 

b. Requirements for Control Technology 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 through 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 the owner or operator of such major source has 
Page 53 of 104 Linn County Ordinance # 3-3-2011

received all necessary air quality permits for such construction or 

reconstruction project before June 29, 1998, then the major source in 

questions is not subject to the requirements of this subparagraph. The owner 

or operator of an affected source shall 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) requirements. The owner or operator 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 Protection Agency has failed to promulgate an emission 

standard within 18 months of the deadline established under 112(d) must 

submit an application for a Title V permit or an application for a significant 

permit modification or for an administrative amendment, whichever is 

applicable. The application must be made in accordance with procedures 

established under Title V, by the section 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 Reductions 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 Organic Hazardous Air Pollutants from the Synthetic 

Chemical Manufacturing Industry. These standards apply to chemical manufacturing 

process units that are part of a major source. 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 Hazardous Air Pollutants from the Synthetic 

Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer 

Operations, and Wastewater. These standards apply to all process vents, storage 

vessels, transfer racks, and wastewater streams within a source subject to Subpart F of 

40 CFR 63. (Part 63, Subpart G) 

h. Emission Standards for Organic Hazardous Air Pollutants for Equipment 

Leaks. These standards apply to emissions of designated organic hazardous air 

pollutants from specified processes 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 operate in organic hazardous 

air pollutant service 300 hours or more during the calendar year within a source subject 
Page 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 pollutants 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 Negotiated Regulation for Equipment Leaks. These standards 

apply to emissions of designated organic hazardous air pollutants from specified 

processes (defined in 40 CFR 63.190) that are located at a plant site that is a major 

source. Subject equipment includes pumps, compressors, agitators, 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 applicability of Subpart H for 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-product and non-recovery coke oven batteries 

and to new coke oven batteries, or as defined in the subpart. (Part 63, Subpart L) 

m. Perchloroethylene Air Emission Standards for Dry Cleaning Facilities. These 

standards apply to the owner or operator of each dry cleaning facility that uses 

perchloroethylene (also known as perc). New 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 state-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 federal regulations, conduct weekly inspection and 

repair of equipment leaks, and eliminate all use 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 residential buildings are prohibited 

from using transfer machines, and must conduct inspection and repair of equipment 

leaks as specified in the federal regulations. Existing area sources that are not located 
Page 55 of 104 Linn County Ordinance # 3-3-2011

in residential buildings must also conduct the specified leak detection and repair and are 

prohibited from operating transfer machines after July 27, 2008. (Part 63, Subpart M as 

amended through July 27, 2006, and corrected on September 21, 2006) 

n. Emission Standards for Chromium Emissions from Hard and Decorative 

Chromium Electroplating and Chromium Anodizing Tanks. These standards limit the 

discharge of chromium compound air emissions from existing and new hard chromium 

electroplating, decorative chromium electroplating, 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 Operations. New and existing major source 

ethylene oxide commercial sterilization and fumigation operations are required to control 

emissions to the level of the maximum achievable control technology (MACT). New and 

existing area source ethylene oxide commercial sterilization and fumigation operations 

are required to control emissions to the level achieved by generally available control 

technologies (GACT). Certain sources are exempt as described 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 all new and existing industrial process 

cooling towers that are operated with chromium-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 Air Pollutants for Sources Categories: 

Gasoline Distribution: (Stage 1). These standards 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 sites that are major sources. Bulk gasoline 

terminals and pipeline breakout stations located within a contiguous area or under 

common control with a refinery complying with 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-chemical pulp mills. Affected sources include 

pulp mills and integrated mills (mills that manufacture pulp and paper/paperboard) that 

chemically pulp wood fiber (using kraft, sulfite, soda, or semi-chemical methods); pulp 

secondary fiber; pulp non-wood fiber; and mechanically pulp wood fiber. (Part 63, 

Subpart S) 

t. Emission Standards for Hazardous Air Pollutants: Halogenated Solvent 

Cleaning. These standards require batch vapor solvent cleaning machines and in-line 

solvent cleaning machines to meet emission standards reflecting the application of 

maximum achievable control technology (MACT) for major or area sources; area 

source batch cold cleaning machines are required to achieve generally available control 
Page 56 of 104 Linn County Ordinance # 3-3-2011

technology (GACT). The subpart regulates the emissions of the following halogenated 

hazardous air pollutant solvents: methylene chloride, perchloroethylene, 

trichloroethylene, 1,1,1-trichloroethane, 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 major 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, halobutyl rubber, epichlorohydrin elastomers, 

ethylene propylene rubber, HypalonTM, neoprene, nitrile butadiene 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 Production. These standards apply to all 

existing, new and reconstructed manufacturers of basic liquid epoxy resins and 

manufacturers of wet strength resins that are located at a plant site that is a major 

source. (Part 63, Subpart W) 

x. National Emission Standards for Hazardous Air Pollutants from Secondary 

Lead Smelting. These standards apply to all existing 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 major or area sources. The provisions apply 

to smelting furnaces, refining kettles, agglomerating furnaces, dryers, process fugitive 

sources, and fugitive dust. Excluded from the rule are primary lead smelters, lead 

refiners, or lead remelters. Hazardous air pollutants regulated under this standard 

include, but are not limited to, lead compounds, arsenic compounds, and 1,3-butadiene. 

(Part 63, Subpart X) 

y. Emission Standards for Marine Tank Vessel Tank Loading Operations. This 

standard requires existing and new major sources 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 processes include, but are not limited to, wet 

process phosphoric acid process lines, superphosphoric acid process lines, phosphate 

rock dryers, phosphate rock calciners, and purified 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 
Page 57 of 104 Linn County Ordinance # 3-3-2011

fertilizer production plants. Affected processes include, but are not limited to, 

diammonium and monoammonium phosphate process lines, granular triple 

superphosphate process lines, and granular triple superphosphate storage buildings. 

(Part 63, Subpart BB) 

cc. National Emission Standards for Hazardous Air Pollutants: Petroleum 

Refineries. These standards apply to petroleum refining process units and colocated 

emissions points at new and existing major sources. Affected sources include process 

vents, equipment leaks, storage vessels, transfer operations, and wastewater streams. 

The standards also apply to marine tank vessel and gasoline loading racks. Excluded 

from the standard are catalyst regeneration from catalytic cracking units and catalytic 

reforming units, and vents from sulfur recovery units. Compliance with the standard 

includes emission control and prevention. (Part 63, Subpart CC) 

dd. Emission Standards for Hazardous Air 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 solvents from off-site locations for storage, 

treatment, recovery, or disposal at the facility. Maximum achievable control technology 

(MACT) is required to reduce HAP emissions from tanks, surface impoundments, 

containers, oil-water separators, individual drain systems and other material 

conveyance systems, process vents, and equipment leaks. Regulated entities include 

but are not limits to businesses that operate any of the following: hazardous waste 

treatment, storage, and disposal facilities; Resource Conservation and Recovery Act 

(RCRA) exempt hazardous wastewater treatment facilities other than publicly owned 

treatment works; used solvent recovery plants; RCRA exempt hazardous waste 

recycling operations; used oil re-refineries. The regulations also apply to federal agency 

facilities that operate any of the waste management or recovery operations. (Part 63, 

Subpart DD) 

ee. Emission Standards for Magnetic Tape 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 Hazardous 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 airplanes, helicopters, missiles, and rockets 

for civil, commercial, or military purposes. Hazardous air pollutants regulated under this 

standard include chromium, cadmium, methylene chloride, toluene, 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 all new and existing major sources of oil and 

natural gas production. Affected sources include, 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 # 3-3-2011

ii. Emission Standards for Hazardous Air Pollutants for Shipbuilding and Ship 

Repair (Surface Coating) Operations. Requires existing and new major sources to 

control hazardous air pollutant (HAP) emissions using the maximum achievable control 

technology (MACT). (Part 63, Subpart II) 

jj. Emission Standards for Hazardous Air Pollutants for Hazardous Air Pollutant 

(HAP) Emissions from Wood Furniture Manufacturing Operations. These standards 

apply to each facility that is engaged, either in part or in whole, in the manufacture of 

wood furniture or wood furniture 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 sources 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 potline, paste production plant, or anode bake 

furnace associated with a primary aluminum reduction plant, and for each new pitch 

storage tank associated with a primary aluminum reduction 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 Air Pollutants for Chemical Recovery 

Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills. 

(Part 63, Subpart MM) 

nn. Reserved 

oo. Emission standards for tanks – level 1. 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 OO) 

pp. Emission Standards for Containers. 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 PP) 
Page 59 of 104 Linn County Ordinance # 3-3-2011

qq. Emission Standards for Surface Impoundments. 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 QQ) 

 rr. Emission Standards for Individual Drain Systems. 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 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 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 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 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 reference 

paragraph. (Part 63, Subpart TT) 

uu. Emission Standards for Equipment Leaks – Control Level 2 Standards. 

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 air 

emission control. These air emission standards 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 Separators and Organic-water 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 emissions from storage vessels for which another 

paragraph under this rule references the use 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 this paragraph except as specified in a 

referencing paragraph. (Part 63, Subpart WW) 

xx. Emission Standards for Ethylene Manufacturing Process Units: Heat 

Exchange Systems and Waste Operations. 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 MACT). These standards apply to new and 

existing major sources of acetal resins (AR) production, acrylic and modacrylic fiber 

(AMF) production, hydrogen fluoride (HF) 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 acrylonitrile (AN) units, hydrogen fluoride and 

polycarbonate. (Part 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 Regeneration Plants. Unless exempted, these 

standards apply to all new and existing major sources of hydrochloric acid process steel 

pickling facilities and hydrochloric 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 hydrochloric acid regeneration 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 include, 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, hazardous waste solid fuel boilers, hazardous waste liquid 

fuel boilers, and hazardous waste hydrochloric acid production furnaces, except as 
Page 61 of 104 Linn County Ordinance # 3-3-2011

provided in Subpart EEE. Both area sources and major sources are subject to this 

subpart as of April 19, 1996, and are subject to the requirement 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 finished dosage forms of drugs, 

for example, tablets, capsules, and solutions, that contain an active ingredient generally, 

but not necessarily, in association with inactive ingredients. Pharmaceuticals include 

components whose intended primary use is to furnish 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 humans or other animals. The 

regulations do not apply to research and development facilities. (Part 63, Subpart 

GGG) 

hhh. Emission Standards for Hazardous Air Pollutants for Natural Gas 

Transmission and Storage. These standards apply to all new and existing major 

sources of natural gas transmission and storage. Natural gas transmission and storage 

facilities are those that transport or store natural gas prior to its entering the pipeline to a 

local distribution company. Affected sources include, but are not limited to, mains, 

valves, meters, boosters, regulators, storage vessels, dehydrators, compressors, and 

delivery systems. (Part 63, Subpart HHH) 

iii. Emission Standards for Hazardous Air 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 polyurethane 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 major sources that emit organic HAP during the 

manufacture of the following polymers and resins: acrylonitrile butadiene styrene resin 

(ABS), styrene acrylonitrile resin (SAN), methyl 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 cement manufacturing unless exempted. Cement kiln dust 

(CKD) storage facilities, including CKD piles and landfills, are excluded from this 

standard. Affected processes include, but are not limited to, all cement kilns and in-line 

kiln/raw mills, unless they burn hazardous 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 herbicides, insecticides and fungicides. Affected processes 

include, but are not limited to, processing 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 systems (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) manufacturing lines that produce bonded building 

insulation, flame attenuation (FA) manufacturing 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 production 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. Affected 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 limited 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 Air 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 (HAPs) 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 Air Pollutants for Ferroalloys Production: 

Ferromanganese and Silicomanganese. These standards apply to all new and existing 

major sources of ferroalloys production of ferromanganese and silicomanganese. 

Affected processes include, but are not limited to, submerged arc 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 Air 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 Plywood and Particle Board Manufacturing). 

These standards apply to new and existing major sources with equipment used to 

manufacture plywood and composite wood products. This equipment includes dryers, 

refiners, blenders, formers, presses, board coolers, and other process units associated 

with the manufacturing process. This also includes coating operations, on-site storage 

and wastewater treatment. However, only certain process units (defined in the federal 

rule) are subject to control or work practice requirements. (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 standards 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 standards establish emission limits and work 

practice standards for new and existing major sources with miscellaneous organic 
Page 64 of 104 Linn County Ordinance # 3-3-2011

chemical manufacturing process units, wastewater treatment and conveyance systems, 

transfer operations, and associated ancillary equipment. (Part 63, Subpart FFFF) 

gggg. Emission Standards for Hazardous Air Pollutants for Solvent Extraction for 

Vegetable Oil Production. (Part 63, Subpart GGGG) 

hhhh. Emission Standards for Hazardous Air Pollutants for Wet-Formed 

Fiberglass Mat Production. This standard 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 asphalt 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 light-duty truck bodies or body parts for new 

automobiles or new light-duty trucks, and that is a major source, is located at a major 

soruce, or is part of a major source of emissions of hazardous air pollutants. Additional 

applicability criteria and exemptions 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 facility that is engaged in the coating of paper, 

plastic film, metallic foil, and other web surfaces 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 metal 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 exemptions 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 source 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 coating facility that is located at an area 

source is not subject to this standard. Certain 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 source, is located at a major source, or is 

part of a major source of emissions of hazardous air pollutants (HAPs). The large 
Page 65 of 104 Linn County Ordinance # 3-3-2011

appliances source category includes facilities that apply coatings to large appliance 

parts or products. Large appliances include "white goods" such as ovens, refrigerators, 

freezers, dishwashers, laundry equipment, trash 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, slashing, dyeing, or finishing 

operations, or group of such operations, that are a major source of hazardous air 

pollutants or are part of a facility that is a major source of hazardous air pollutants. 

Coating, printing, slashing, dyeing, or finishing 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 applies 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 automobiles, trucks, recreational vehicles; 

sporting and recreational goods; toys; business machines; laboratory and medical 

equipment; and household and other consumer products. Surface coating is the 

application of coating to a substrate using, for example, spray guns or dip tanks. When 

application of coating to a substrate occurs, then surface coating also includes 

associated activities, such as surface preparation, 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 establish emission limitations, operating 

limits, and work practice requirements for 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 coating facilities 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 QQQQ) 

rrrr. Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal 

Furniture. This standard applies to a metal furniture surface coating facility that is a 

major source, is located at a major source, or is part of a major source of HAP 

emissions. A metal furniture surface coating facility is one that applies coatings to metal 

furniture or components of metal furniture. 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 the 
Page 66 of 104 Linn County Ordinance # 3-3-2011

process of applying a coating (usually protective or decorative) to one or both sides of a 

continuous strip of sheet metal. Industries using coated metal include: transportation, 

building products, appliances, can manufacturing, and packaging. Other products using 

coated metal coil include measuring tapes, ventilation systems for walls and roofs, 

lighting fixtures, office filing cabinets, cookware, and sign stock material. (Part 63, 

Subpart SSSS) 

tttt. Emission Standards for Hazardous Air Pollutants for Leather Finishing 

Operations. This standard applies 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 used 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 materials, and performance modifiers 

dissolved or suspended in liquid carriers. (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 the miscellaneous viscose processes source 

category and the cellulose ethers production source category. (Part 63, Subpart UUUU) 

vvvv. Emission Standards for Hazardous Air 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 Hazardous Air Pollutants: Rubber Tire 

Manufacturing. This standard applies to a rubber 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 production of rubber tires and/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 turbine 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 hazardous air pollutant 

emissions. (Part 63, Subpart YYYY) 

zzzz. Emission Standards for Hazardous Air Pollutants for Stationary 

Reciprocating Internal Combustion Engines. These standards apply to new and 

existing major sources with stationary reciprocating internal combustion engines (RICE). 
Page 67 of 104 Linn County Ordinance # 3-3-2011

These standards also apply to new and reconstructed RICE located at area sources. 

For purposes of these standards, stationary RICE means any reciprocating internal 

combustion engine which uses reciprocating 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 hazardous air pollutant emissions from new and 

existing lime manufacturing plants that are major sources, co-located with major 

sources or are part of major sources. Additional applicability criteria and exemptions 

from these standards may apply. (Part 63, Subpart AAAAA) 

bbbbb. Emission Standards for Hazardous Air Pollutants for Semiconductor 

Manufacturing. This standard applies to semiconductor manufacturing facilities that is a 

major source of hazardous air pollutants (HAP) emissions or that is located at, or is part 

of, a major source of HAP emissions. (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 emissions. (Part 63, Subpart 

CCCCC) 

ddddd. Emission standards for Hazardous Air Pollutants for Industrial, 

Commercial, and Institutional Boilers and Process Heaters. These standards apply to 

new and existing major sources with industrial, commercial or institutional boilers and 

process heaters. . (Part 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 States Court of Appeals for the District 

of Columbia Circuit issued its mandate vacating 40 CFR 63, Subpart DDDDD, in 

its entirety, and requiring 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 steel foundry that is 

a major source of hazardous air pollutant emissions. 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 December 23, 2002. (Part 63, Subpart EEEEE) 

fffff. Emission Standards for Hazardous Air Pollutants for Integrated Iron and 

Steel Manufacturing. These standards apply to affected sources 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 are 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 Air Pollutants: Site Remediation. 

These standards apply to new and existing major sources with certain types of site 

remediation activity on the source’s property or on a contiguous property. These 

standards control hazardous air pollutant (HAP) emissions at major sources where 

remediation technologies and practices are used 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 reasonable potential threat to contaminate 

environmental media. 

Some site remediations already regulated 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 Subpart GGGGG. There are also exemptions for short-term 

remediation and for certain leaking underground storage tanks, as specified in Subpart 

GGGGG. (Part 63, Subpart GGGGG) 

hhhhh. Emission Standards for Hazardous Air Pollutants for Miscellaneous 

Coating Manufacturing. These standards establish emission limits and work practice 

requirements for new and existing miscellaneous coating manufacturing operations, 

including but not limited to, process vessels, storage tanks, wastewater, transfer 

operations, equipment leaks, and heat exchange systems. (Part 63, Subpart HHHHH) 

iiiii. Emission Standards for Mercury Emissions from Mercury Cell Chlor-Alkali 

Plants. These standards apply to the chlorine production source category. This source 

category contains the mercury cell chlor-alkali 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 chlor-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 States 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-promulgate final standards for brick and 

structural clay products manufacturing at new and existing major sources. 

kkkkk. Emission Standards for Hazardous Air Pollutants for Clay Ceramics 

Manufacturing. These standards apply to clay ceramics manufacturing facilities that 

are, are located at, or are part of, a major source of hazardous air pollutant emissions. 

The clay ceramics manufacturing source category 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 facility that is a major source of hazardous 
Page 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 Hazardous Air Pollutants: Flexible 

Polyurethane Foam Fabrication Operations. This standard applies to a new or existing 

source at a flexible polyurethane foam fabrication facility. The standard defines two 

affected sources (units or collections of units to which a given standard 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. (Part 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 mobile 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 manufacturing facilities produce friction materials 

for use in brake and clutch assemblies. (Part 63, Subpart QQQQQ) 

rrrrr. Emission Standards for Hazardous Air Pollutants: Taconite Ore 

Processing. This standard applies 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 refractory 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 source of hazardous air pollutant (HAP) emissions. (Part 63, 

Subpart TTTTT) 

uuuuu – vvvvv. Reserved 
Page 70 of 104 Linn County Ordinance # 3-3-2011

wwwww. Emission Standards for Hazardous Air Pollutants for Hospital Ethylene 

Oxide Sterilizer Area Sources. This standard applies to a hospital that is an area 

source for hazardous air pollutant emissions 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 applies 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 Hazardous Air Pollutants for Gasoline 

Distribution Area Sources: Bulk Terminals, Bulk Plants and Pipeline Facilities. This 

standard applies to new and existing bulk gasoline 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 sources for hazardous air pollutant emissions. 

The affected equipment includes each gasoline cargo 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 Coating Operations. This standard applies 

to new or existing area sources of hazardous air pollutants emissions that engage in 

any of the following activities: 1. Paint stripping 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 compounds of chromium (Cr), lead (Pb), 

manganese (Mn), nickel (Ni) or cadmium (Cd). (Part 63, Subpart HHHHHH) 

iiiiii – kkkkkk. Reserved 

llllll. Emissions Standard for Hazardous Air Pollutants for Acrylic and Modacrylic 

Fibers Production Area Sources. This standard applies to acrylic or a modacrylic fibers 

production plants that are 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 pollutants. (Part 63, Subpart MMMMMM) 

nnnnnn. Emission Standards for Hazardous Air Pollutants for Chemical 

Manufacturing Chromium Compounds Area Sources. 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 and Fabrication Area Sources. This standard applies to 

plants that produce flexible polyurethane foam or rebond foam, and plants 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 reconstruction 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 for hazardous air pollutants. Affected sources include all 

grid casting facilities, paste mixing facilities, three-process operation facilities, lead 

oxide manufacturing facilities, lead reclamation 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 affected 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 wood preserving operations 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 

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 atomized glaze spray booth or kiln that fires 

glazed ceramic ware, that processes more than 50 tons per year of wet clay, and that is 

an area source for hazardous air pollutant 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 pollutant emissions and meets the following 

criteria: (1) manufactures flat glass, glass containers or pressed and blown glass by 

melting a mixture of raw materials to produce 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 tons per year and that contains compounds of 
Page 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 applies to chemical manufacturing at new and 

existing facilities that are area sources for hazardous 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 applies to new and existing facilities in which 

the primary activity or activities at the facility is metal fabrication and finishing and that 

are area sources for hazardous air pollutant 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 standard applies to paint and allied products 

manufacturing at new and existing facilities that are area sources for hazardous air 

pollutant emissions. (Part 63, Subpart CCCCCCC) 

ddddddd. Emission standards for hazardous air pollutants for area sources: 

prepared feeds manufacturing. This standard 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 existing facilities that are area sources 

for hazardous air pollutant emissions. (Part 63, Subpart DDDDDDD) 

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

regulations as adopted by the Iowa Department of Natural Resources and promulgated 

as 567 Iowa Administrative Code, Chapter 23.1(5), are hereby specifically incorporated 

by reference and adopted as part of this ordinance. 
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 used in ambient air quality modeling for the 

purpose of setting an emission limitation and calculating the air quality impact of a 

source. This rule does not limit the actual physical stack height for any source. 

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

"dispersion technique," "nearby" and "excessive concentration" as set forth in 40 CFR 

§§ 51.100(ff) through (hh), (jj) and (kk) as amended through June 14, 1996, are adopted 

by reference. 

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

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

stack; or 

(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, 

Hg = 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, 

Hg = H + 1.5L 

where: 

 Hg = good engineering practice stack height, measured from the ground level 

elevation at the base of the stack, 

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

base of the stack, 

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

the Department may require the use of a field study or fluid model to verify GEP 

stack height for the source; or 

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

Department, which ensures that the emissions from a stack do not result in 

excessive concentrations of any air pollutant as a result of atmospheric downwash, 

wakes, or eddy effects created by the source itself, nearby structures or nearby 

terrain features. Public notification of the availability of such study and opportunity 

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

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

this chapter shall not be affected in any manner by: 

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

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

or ambient concentrations of the pollutants; or 

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

parameters, exhaust gas parameters, stack parameters, or combined exhaust gases 

from several existing stacks into one stack; or other selective handling of exhaust 

gas streams so as to increase gas plume rise. 

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

10.10 Open Burning 

A. No person shall allow, cause or permit 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 may be allowed provided a valid open burning 

permit is obtained. 

a. Dangerous Materials. Fires for the disposal of dangerous materials or for the 

prevention of a fire hazard when other alternative 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 according to the National Fire Protection 

Association 1403 Standard on Live Fire Training Evolutions (2002 Edition), or a 

comparable training fire standard. A training fire may be conducted, provided 

that all of the following conditions are met: 

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

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

building. 

3. If the training fire is to be conducted on a building, written notification must be 

provided to the Director and the Department on IDNR Form 542-8010, 

"Notification of an Iowa Training Fire-Demolition or a Controlled Burn of a 

Demolished Building," and must be postmarked or delivered to the Director at 

least ten working days before such action commences. 

4. Notification shall be made in accordance with 40 CFR Section 61.145 as 

amended through January 16, 1991, which is the "Standard for Demolition 

and Renovation" of the asbestos National Emission Standard for Hazardous 

Air Pollutants. 

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

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

Director contains testing results indicating that none of the layers of asphalt 

shingles contain asbestos. During each calendar year, each fire department 

may conduct no more than two training fires on buildings where asphalt 

shingles have not been removed, provided that for each of those training fires 

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

contain asbestos. 

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

for inclusion in training fires. 

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

Air Pollution Control Officer reserves the authority to inspect the proposed 

burning premises to verify compliance with the above listed requirements 

before issuing the open burning permit. The Air Pollution Control Officer may 

deny any training fire request based on factors such as public health, air 

quality in the vicinity and effects to the local environment or where evidence 

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

Ambient Air Quality Standards. 

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

that the open burning occurs on the premises, and for agricultural structures 
Page 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 the building to the Department prior to the 

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

shall be inspected for suspect asbestos content by a state certified asbestos 

inspector. All asbestos-containing material shall be removed prior to burning. 

Burning shall be conducted only when weather conditions are favorable with 

respect to surrounding property. Tires shall not be used to ignite agricultural 

structures. The asbestos National Emission Standard for Hazardous Air 

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

burning of agricultural structures to be conducted in accordance with 40 CFR 

Section 61.145, "Standard for Demolition and Renovation." 

For the purposes of this subrule, "agricultural structures" means barns, machine 

sheds, storage cribs, animal confinement buildings, and homes located on the 

premises and used in conjunction with crop production, livestock or poultry 

raising and feeding operations. "Agricultural structures," for asbestos NESHAP 

purposes, includes all of the above, with the exception of a single residential 

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

used only for residential purposes. 

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 flaring of waste gases, providing such open 

burning or flaring is conducted in compliance with §10.7 of this ordinance. 

f. Landscape Wastes. Fires 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 waste 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 when weather conditions are favorable 

with respect to surrounding property. Rubber tires shall not be used to ignite 

landscape waste. The open burning of landscape waste is limited to the property 

where such waste is generated. 

g. Ceremonial Burning. Fires for ceremonial/recreational purposes such as 

American Legion flag burning, pep rallies, religious 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 burning of trees and tree trimmings not 

originated on the premises provided that the burning site is operated by a local 
Page 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 basis and is supervised at all times, 

burning is conducted only when weather conditions are favorable with respect to 

surrounding property, and the burning site is limited to areas at least one-quarter 

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

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

governmental entity prior to the first instance of open burning at the site. The 

written waiver shall become effective only upon recording in the office of the 

recordedrecorder of deeds of the county in which the inhabited building is 

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

as defined in Iowa Code section 455B.131(3), the Department may take 

appropriate action to secure relocation of the burning operation. Rubber tires 

shall not be used to ignite trees and tree trimmings. 

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

management may be allowed on a case by case basis, through the issuing of an 

open burning permit, provided the Air Pollution Control Officer has determined 

that the burning will not adversely effectaffect the air quality or will not violate any 

sections of this Ordinance and is reasonable 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 required under §10.10 shall be filed in the 

manner and form prescribed by the Air Pollution Control Officer. 

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

Officer and be established by resolution of the Linn County Board of Supervisors, 

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

pay such fee. 

Open Burning Permits are valid provided 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 during 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 reasonable manner so as not to endanger life 

or property; 

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

person shall have the burning permit in their possession at the time of burning; 
Page 77 of 104 Linn County Ordinance # 3-3-2011

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

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

issued Open Burning Permit; who has been previously cited for any violation of 

this Ordinance and has failed to pay in full all fines, court costs and restitution 

entered as a judgment against them or who is not current with any Court ordered 

payment plan for such fines, court costs and restitution. This provision does not 

limit the Air Pollution Control Officer's power to otherwise collect unpaid fees, 

fines, court costs and restitution. 

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

open burning permit. 

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

These fires must be no larger than three feet in diameter and must burn charcoal or 

untreated wood. Wood must also be free of all leaves, needles or other vegetative 

matter. These fires must comply with §10.7. 

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

association with camping out, cooking, or similar related recreational activities provided 

that these fires comply with all other sections of this Ordinance and are no larger than 

three feet in diameter. 

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

asphalt compounds or garbage at dwellings of four family units or less, in which fires are 

maintained by the occupant of the dwelling and the burning is conducted in an approved 

container. An approved container shall be any container which has a capacity that does 

not exceed 55 gallons in volume and has a one inch spaced wire or other suitable spark 

arresting device for the control of wind blown materials. 

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

dwellings of more than four family units. 

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

resulting from farming activities occurring on the premises. Such open burning shall be 

limited to areas located at least 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 amount of paper seed bags that can be disposed of by open 

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

However, when the burning of paper seed bags causes a nuisance, the Air Pollution 

Control Officer may take action to secure relocation of the 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 Training Evolutions (2002 Edition), or a 

comparable training fire standard. A training fire may be conducted, provided that all of 

the following conditions are met: 
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 shall be limited to diesel fuel, gasoline, or a 

combination of both. 

4. Variance from rules. Any person wishing 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 variance from the open burning rules to submit 

adequate documentation to allow the Air Pollution Control Officer to assess whether 

granting the variance will hinder 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 person shall allow, cause or permit the 

open burning of residential waste, including landscape waste and leaves, within the 

city limits of Cedar Rapids, Hiawatha or Marion, Iowa. 

1. Notwithstanding §10.10(A)(1)(f), and §10.10(A)(3)(c) of this ordinance, 

no person shall allow, cause or permit the open burning of residential 

waste, including landscape waste and leaves, within one half mile of 

Cedar Rapids, Hiawatha or Marion, Iowa which is classified as Urban 

Services Residential (USR) district in accordance with the Unified 

Development Code or otherwise incorporated. The effective date of 

this rule is January 1, 2009.

 

C. Any fire in violation of this Ordinance may be ordered extinguished by any agency 

designated by the Air Pollution Control Officer. This provision shall not limit the Air 

Pollution Control Officer from seeking penalties provided for in this Ordinance. 

10.11 Emissions of Objectionable Odors 

1. No person shall cause or permit the emission of any objectionable odorous matter 

into the ambient air. 

2. Upon receipt of a legally petitioned complaint concerning odor, the Air Pollution 

Control Officer shall make an investigation as set forth in §10.11(3) below. 

3. An objectionable odor will be deemed to be objectionable 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 the complaint valid when odor is detectable: 

 

 a. On or adjacent to residential, recreational, 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; and 
Page 79 of 104 Linn County Ordinance # 3-3-2011

 c. On or adjacent to premises other than those herein 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 source or at or near a location of human 

habitation. For field measurements, dilution methods for determining odor 

concentrations shall be in accordance with test procedures employed in the use of the 

Barnebey-Cheney Scentometer Model 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 elimination of said objectionable odor in accordance with 

the installation, permitting, and variance procedures set forth in this Ordinance. 

10.12 Sulfur Compounds 

The provisions of this section shall apply to any installation from which sulfur 

compounds are emitted into the atmosphere. 

1. Sulfur Dioxide from Use of Fuels. 

a. No person shall allow, cause, or permit the emission of sulfur dioxide into the 

atmosphere in an amount greater than 5 pounds of sulfur dioxide, maximum 2 

hour average, per million British Thermal Units of heat input from any solid 

fuel-burning installation for any combination of fuels burned. 

b. No person shall allow, cause, 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 British Thermal Units of heat input from any liquid 

fuel-burning installation. 

c. No person shall allow, cause, or permit the combustion of number 1 or number 

2 fuel oil exceeding a sulfur content of 0.5 percent by weight. 

2. Other Processes Capable of Emitting Sulfur Dioxide. No person shall allow, cause, 

or permit the emission of sulfur 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 Performance 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, cause, or permit any 

materials to be handled, transported, or stored; 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 generated by ordinary travel on unpaved public 
Page 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 becoming airborne. All persons, with the above 

exceptions, shall take reasonable precautions to prevent the discharge of visible 

emissions of fugitive dusts beyond the lot line of the property on which the emissions 

originate. Reasonable precautions 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 structures, 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 stockpiles, 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, grain, 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 earth or other material from paved streets on to which 

earth or other material has been transported by trucking or earth-moving equipment, 

erosion by water, or other means. 

6. Reducing the speed of vehicles traveling 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 separate 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. 
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a. Excess emission during periods of startup, shutdown, or cleaning of control 

equipment. Excess emission during a period of startup, shutdown, or cleaning of 

control equipment is not a violation of the emission standard if the startup, shutdown or 

cleaning is accomplished expeditiously and in a manner consistent with good practice 

for minimizing emissions. Cleaning of control equipment which does not require the 

shutdown of the process equipment shall be limited to a period or periods aggregating 

not more than six minutes in any one hour period. 

b. Initial Reports of Excess Emissions. An incident of excess emission (other than an 

incident of excess emission during startup, shutdown or cleaning) shall be reported to 

the Air Pollution Control Officer within eight hours of, or at the start of the first working 

day following the onset of the incident. The 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 minutes and does not exceed the applicable 

visible emission standard by more than ten percent opacity. 

 The initial report shall be made by electronic mail (e-mail), in person, or by telephone 

and shall include as a minimum the following: 

(1) The identity of the equipment or source operation from which the excess 

emission originated and the associated 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 Pollution Control Officer as a follow-up to all 

required initial reports, within seven days of the onset of the incident and shall include 

as a minimum the following: 

(1) The identity of the equipment source operation from which the excess 

emission originated and the associated stack or emission point; 

(2) The estimated quantity of the excess emission; 

(3) The time and duration of the excess emissions; 
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(4) The cause of the excess emission; 

(5) The steps that were taken to remedy and to prevent the recurrence of the 

incident of excess emission; 

(6) The steps that were taken to limit the excess emission; 

(7) If the owner claims that the excess emission was due to a malfunction, 

documentation to support this claim. 

d. Excess Emissions. An incident of excess emission, other than an incident during 

startup, shutdown, or cleaning of control equipment, shall be considered a violation of 

this ordinance. 

 If the owner or operator of a source maintains that the incident of excess emission 

was due to a malfunction, the owner or operator must show that the conditions which 

caused the incident of excess emission were not preventable by reasonable 

maintenance and control measures. Determination of any subsequent enforcement 

action will be made following a review of this report. If excess emissions are occurring, 

either the control equipment causing the excess emission shall be repaired in an 

expeditious manner or the process generating the excess emission shall be shut down 

within a reasonable period of time. An expeditious manner is the time necessary to 

determine the cause of the excess emissions 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 circumstances and making 

any on-site inspections as necessary. 

 In the case of an electric utility, a reasonable period of time is eight hours plus the 

period of time until comparable generating capacity is available to meet consumer 

demand with the affected unit out of service, unless the Air Pollution Control Officer 

shall, upon investigation, reasonably 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. Notwithstanding §10.14(1)(a) to §10.14(1)(d), 

a fossil fuel-fired steam generator to which §10.9(2)(a)(1), §10.9(2)(a)(26), or 

§10.9(2)(a)(55) applies shall comply with §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: 
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(1) Maintain and operate the equipment or control equipment at all times in a 

manner consistent with good practice for minimizing emissions. 

(2) Remedy any cause of excess emission in an expeditious manner. 

(3) Minimize the amount and duration of any excess emission to the maximum 

extent possible during periods of such 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 Control Officer, a continued 

pattern of excess emissions indicative of inadequate operation and maintenance is 

occurring. The maintenance plan shall include, but not be limited to, the following: 

(1) A complete preventive maintenance schedule, including identification of the 

persons responsible for inspecting, maintaining and repairing control 

equipment, a description of items or conditions that will be inspected, the 

frequency of these inspections or repairs, and an identification of the 

replacement parts which will be maintained in inventory for quick 

replacement; 

(2) An identification of the equipment and air pollution control equipment 

operating variables that will be monitored in order to detect a malfunction or 

failure, the normal operating range of these variables, and a description of the 

method of monitoring and surveillance procedures; 

(3) A contingency plan for minimizing the amount and duration of any excess 

emissions to the maximum extent possible 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 number of the person submitting the 

application or, if such person is a legal entity, the name and address of the 
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individual authorized to accept service of process on its behalf and the name 

of the person in charge of the premises 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 chemical 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 considering that compliance with the provisions 

specified in this Ordinance will produce 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 official as defined in §10.2 of truth and 

accuracy. This certification shall state that, based on information and belief 

formed after reasonable inquiry, the statements and information provided are 

true and accurate. 

b. Variance extension. The request for extension of a variance shall be 

accompanied by one of the following applicable items: 

(1) A program to meet the emission limitations as specified 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 investigation of the facilities shall be made 

by the Air Pollution Control Officer for evaluation of whether or not the 

emissions involved will produce the following effects: 

(1) Endanger human health. Endanger or tend to endanger the health of persons 

residing in or otherwise occupying the area affected by said emissions. 

(2) Create safety hazards. Create or tend to create safety 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 that 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. 
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(5) Nonattainment. Granting the variance shall not compromise the attainment of 

any National Ambient Air Quality Standards for any regulated pollutant. 

d. Trial burns for alternative fuels. An alternative fuel shall be defined as a fuel 

for which the emissions from combusting 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 testing an alternative fuel and quantifying 

the emissions from the alternative fuel, except as prohibited under section 

10.15(e)"3". 

(2) Baseline testing. In addition to submitting the information 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 investigation, 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 concludes that the action is appropriate. 

The variance may be granted subject to conditions specified by the Air 

Pollution Control Officer. The Air Pollution 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. 
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a. Content. An air contaminant emission reduction program submitted to the Air 

Pollution Control Officer pursuant to these rules shall include a schedule for the 

installation of pollution control devices or the replacement or alteration of specified 

facilities in such a way that emissions of air contaminants are reduced to comply with 

the emission standard specified in this ordinance. The schedule must include, as a 

minimum, the following five increments of progress: 

(1) The date of submittal of the final control plan to the Department; 

(2) The date by which contracts will be awarded for emission control systems or 

process modification or the date by which orders will be issued for the 

purchase of component parts to accomplish 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 construction or installation of emission control 

equipment or process modification is to be completed. 

(5) The date by which final compliance is to be achieved. 

b. Action. The Air Pollution Control Officer 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 period 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 progress toward the elimination or 

prevention of air pollution. The Air Pollution Control Officer may specify under 

what conditions and to what extent the 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 notification 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 reduction program may result in the 

disapproval by the Air Pollution Control Officer and termination of the 

associated variance. 

c. Reports. Each person responsible for 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 Officer shall make periodic reports to the 
Page 87 of 104 Linn County Ordinance # 3-3-2011

Board of Health on emission reduction programs submitted, and on the 

recommendations related to such programs. 

3. Temporary Electricity Generation 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 electricity generation in the event of a sudden 

and unforeseen disaster that has disabled standard transmission of electricity to the 

public. Department approval shall be required if the electric 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 Control 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 generator at each site. A written report 

shall be submitted to the department within 30 calendar days following the cessation 

of use of the generators. The 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 type of the generators, and the duration of 

use of each generator. For purposes of this rule, the definition of "disaster" shall be 

defined in Iowa Code section 29C.2(1), and a disaster may occur 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 shall 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 emission unless it shall result in a reduction in the total 

release of contaminants to the atmosphere and which alone or in conjunction with other 

such equipment will bring compliance with the permissible standards set up in this or 

other applicable ordinances. 

1. Evidence used in establishing that a violation 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 the following methods is presumptively 

credible evidence of whether a violation has occurred at a source: 

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

operating permit pursuant to section 10.5; 

(2) Compliance test methods specified in section 10.17; or 

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

permit issued pursuant to section 10.5. 
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b. The following testing, monitoring or information-gathering methods are 

presumptively credible testing, monitoring, or information-gathering methods: 

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

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

information comparable to that produced by any rule in subrule 10.16(1)"a" of this 

subrule. 

10.17 Testing and Sampling of New and Existing Equipment 

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

owner or operator of any coal-fired or coal-gas-fired steam generating unit with a rated 

capacity of greater than 250 million BTUs per hour heat input shall install, calibrate, 

maintain and operate continuous monitoring equipment to monitor opacity. If an 

exhaust services more than one steam generating unit as defined in the preceding 

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

unit or on the common stack. Such monitoring equipment shall conform to performance 

specifications specified in §10.17(9). The Air Pollution Control Officer may require the 

owner or operator of any coal-fired or coal-gas-fired steam generating unit to install, 

calibrate, maintain and operate continuous monitoring equipment to monitor opacity 

whenever the compliance status, history of operations, ambient air quality in the vicinity 

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

monitoring. 

2. Reserved 

3. Reserved 

4. Continuous Monitoring of Sulfur 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 acid, shall install, calibrate, maintain 

and operate continuous monitoring equipment to monitor sulfur dioxide emissions. Said 

monitoring equipment shall conform to the minimum performance specifications 

specified in §10.17(9). 

5. Maintenance of Records of Continuous Monitors. 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 each 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 adjusted factors used to convert emissions from units of 

measurement to units of applicable standard, performance evaluations, calibrations and 

zero checks, and records of all malfunctions of monitoring equipment or source and 

repair procedures performed. 

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

source affected by §§10.17(1) and 10.17(4) shall report to the Air Pollution Control 
Page 89 of 104 Linn County Ordinance # 3-3-2011

Officer on a quarterly basis all periods of recorded 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 apparent 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 reporting requirements. 

7. Tests by Owner. The owner of new or existing equipment or the owner’s authorized 

agent shall conduct emissions tests to determine compliance with applicable rules in 

accordance with these requirements. 

 

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

shall notify the Air Pollution Control Officer in writing not less than 15 days before a 

required test or before a performance evaluation of a required continuous emission 

monitor to determine compliance with applicable requirements of §10.9 or a permit 

condition. Such notice shall include the time, the place, the name of the person who 

will conduct the tests and other information as required by the Department. If the owner 

or operator does not provide timely notice to the Department, the Department shall not 

consider the test results or performance evaluation results to be a valid demonstration 

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

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

compliance demonstration. A testing protocol shall be submitted to the Department no 

later than 15 days prior to conducting the compliance demonstration. A representative 

of the Linn County Public Health Department shall be permitted to witness the tests. 

Results of the tests shall be submitted in writing to the Air Pollution Control Officer. 

With the exception of specific requirements 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 equipment shall be tested by the owner 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 maximum production but no later than 180 days 

of startup, unless a shorter time frame is specified in the permit. 

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

or the operator’s authorized agent to conduct an emission test on any equipment if the 

Air Pollution Control Officer has reason to believe that the equipment does not comply 

with the applicable requirements. Grounds for requiring such a demonstration for 

compliance include a modification of control or process equipment, age of equipment, or 

observation of opacities or other parameters outside the range of those indicative of 

properly maintained and operated equipment. Testing may be required as necessary to 

determine actual emissions from a source where that source is believed to have a 

significant impact on the public health or ambient air quality of an area. The Air 

Pollution Control Officer shall provide the owner or agent not less than 30 days to 
Page 90 of 104 Linn County Ordinance # 3-3-2011

perform the compliance demonstration and shall provide written notice of the 

requirement. 

8. Tests by Department. Representatives of the Department may conduct separate 

and additional air contaminant emission tests and continuous monitor performance tests 

of an installation on behalf of the county and at the expense of county. Sampling holes, 

safe scaffolding and pertinent allied facilities, but not instruments or sensing devices, as 

needed, shall be requested in writing by the Air Pollution Control Officer and shall be 

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

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

points of testing so that sampling instruments can be operated as required. Analytical 

results shall be furnished to the owner. 

9. Methods and Procedures. Stack sampling and associated analytical methods used 

to evaluate compliance with emission limitations of 10.8, 10.9, 10.12 or a permit 

condition are those specified in the "Compliance 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 assurance procedures for performance evaluations of 

continuous monitor systems are those found in Appendices A (as amended through 

September 28, 2007), B (as amended through 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 (as amended through May 18, 2005), F (as 

amended through February 13, 2008) and K (as amended through January 24, 2008) of 

40 CFR Part 75, as adopted in 567 IAC Chapter 25. Testing of sources which apply 

under New Source Performance Standards shall use Reference Test Methods 

(Appendix A), performance specifications (Appendix B), determination of emission rate 

change (Appendix C), and the general provisions (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 existence of these conditions can be requested. 

a. An affected source is subject to a new source performance standard 

promulgated in 40 CFR Part 60 as amended through September 28, 2007, as adopted 

in 567 IAC Chapter 25. 

b. An affected steam generator had an annual capacity factor for calendar year 

1974, as reported to the Federal Power Commission, 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 during any period of monitoring system 

malfunction, provided that the source owner or operator shows, to the satisfaction of the 
Page 91 of 104 Linn County Ordinance # 3-3-2011

Air Pollution Control officer, that the malfunction was unavoidable 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 extension of time provided for installation of the required 

monitor by demonstrating to the Air Pollution Control Officer that good faith efforts have 

been made to obtain and install the monitor in the prescribed time. 

12. Continuous monitoring of sulfur dioxide from emission points involved in an 

alternative emission control program. The owner 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 consistent with EPA reference methods (40 CFR 

60, Appendix B, as amended through December 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 Monitoring Under the Acid Rain Program 

The continuous emission monitoring 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 the analysis and preparing the 

necessary reports shall be charged against the 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 Pollution 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 treatment 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 resolution of the Linn County Board of Health. 

10.21 Prevention of Air Pollution Emergency Episodes 

1. Episode Criteria. 

a. Evaluation. Conditions justifying the proclamation of an air pollution alert, air 

pollution warning, or air pollution emergency shall be deemed to exist whenever the 

Air Pollution Control Officer determines that the meteorological conditions are such 

that the accumulation of air contaminants in any place is reaching, or has reached, 

levels which could, if sustained or exceeded, lead to a substantial threat to the 

health of the public. 

(1) Air Pollution Forecast. Initial consideration of air pollution episode activities will 

be activated by receipt from the National Weather Service of an Air Stagnation 

Advisory indicating that meteorological conditions conducive to an air pollution 

episode may be imminent, along with prediction of the duration and termination 

of such conditions. Receipt of such an advisory shall be the basis for activities 

such as, but not limited to, increased monitoring of air contaminants in the area 

involved. 

b. Declaration. In making determinations for the declaration of an air pollution episode 

condition, the Air Pollution Control Officer will be guided by the criteria stated in the 

following paragraphs. 

(1) Air Pollution Alert. An alert will be declared 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 expected to remain at those levels for 

twelve (12) or more hours, or increase, unless control actions are taken: 

(A) Sulfur Dioxide: 800 micrograms per cubic meter (0.3 ppm), 24 hour average; 

(B) Fine Particulate Matter: 350micrograms per cubic meter, 24 hour average; 

(C) Sulfur Dioxide and Particulate Matter Combined: Product of micrograms sulfur 

dioxide per cubic meter (24 hour average) 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 meter (0.15 ppm), 24 hour average. 
Page 93 of 104 Linn County Ordinance # 3-3-2011

(2) Air Pollution Warning. A warning will be declared when any one of the following 

levels is reached at any monitoring site and when meteorological 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 meter (0.6 ppm), 24 hour 

average; 

(B) Fine Particulate Matter: 420 micrograms per cubic meter, 24 hour average; 

(C) Sulfur Dioxide and Particulate Matter 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 emergency 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 meter (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 average) 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 micrograms 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 declared, any status reached by application of these criteria 

will remain in effect until the criteria for that level are no longer met. As 
Page 94 of 104 Linn County Ordinance # 3-3-2011

meteorological factors and air contaminants change, an appropriate change in 

episode level will be declared. 

2. Preplanned Abatement Strategies. 

a. Planned Strategies. Standby plans shall be designed to reduce or eliminate 

emissions of air contaminants in accordance with the objectives set forth in Tables 

III-V, which are made a part of this section. 

1) Plan Preparation. Any person responsible for the operation of a source of air 

contaminants as set forth in Tables III-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 operation of a source of air contaminants not 

set forth under this paragraph shall, when requested by the Air Pollution 

Control Officer in writing, prepare standby plans for reducing the emission of 

such air contaminant or contaminants during periods of an air pollution 

episode, as specified in this section. 

2) Plan Content. Standby plans as required under this section shall be in writing. 

Each standby plan shall identify the sources 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 required by this section shall be submitted to 

the Air Pollution Control Officer. Each standby plan shall be subject to review. If, 

in the opinion of the Air Pollution Control Officer, a standby plan does not provide 

for adequate reduction of emissions, the Air Pollution Control Officer may 

disapprove such plan, state the reasons for disapproval, and order the 

preparation of an amended standby plan within a time period specified in the 

order. 

4) Availability. During a declared air pollution episode, standby plans as required by 

this section shall be made available on the 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 follow 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 pollution 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 herein, shall take all air pollution alert 

actions as required for such sources 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 specific sources set forth in Table IV 

herein, shall put into effect the preplanned abatement strategy for an air 

pollution warning. 

(3) Air Pollution Emergency. When an air pollution emergency has been 

declared, all persons in the area involved 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 for such sources of air contaminants, 

and persons responsible for the operation 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 Pollution Control Officer determines that a 

specific episode level has been reached at one or more monitoring sites 

solely because of emissions from a limited number of sources, he shall notify 

the persons responsible for such sources that the preplanned abatement 

strategy of Tables III, IV, and V, or the standby plans, are required insofar as 

they apply to such sources, and such actions shall be put into effect until 

notified that the criteria 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 requires 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 should 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 electric 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 industries of the following 

classification: 

Primary Metals Industries 

Petroleum Refining Operations 

Chemical Industries 

Mineral Processing Industries 

Paper and Allied Products 

Grain Industry 

a. Substantial reduction of air contaminants 

from manufacturing operations 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 

General 
Page 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 requires 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 actions for this warning level. 

Source of Air Pollution Control Action

1. Coal or oil-fired electric 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 following 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 turbulence 
Page 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 following 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 industrial, commercial, institutional or 

professional users or to other wholesalers or those acting as agents in buying 
Page 99 of 104 Linn County Ordinance # 3-3-2011

merchandise for or selling merchandise to such persons or companies, 

except those engaged in the distribution of drugs, surgical supplies and food. 

e. All offices of local, county, and state 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, joint meetings, and other public bodies to be vital for 

public safety and welfare and the enforcement of the provisions 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, offices of insurance carriers, agents and 

brokers, and real estate offices. 

h. Wholesale and retail laundries, laundry services and cleaning and dyeing 

establishments, photographic studios, beauty shops, barber shops, shoe 

repair shops. 

i. Advertising offices, consumer credit reporting, adjustment and collection 

agencies, duplicating, addressing, blueprinting, 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, colleges, universities, professional 

schools, junior colleges, vocational schools, and public and private libraries. 

4. All commercial and manufacturing establishments 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 actions 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 electric 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 industries 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, after presentation of credentials, is hereby 

empowered to enter the premises of any dwelling, industry, or other public or private 

place now or hereafter established or located within Linn County, Iowa, for the purpose 

of determining whether or not said premises are operating in violation of this Ordinance. 

Specific powers and duties of the Air Pollution Control Officer related 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 violating any provisions of this Ordinance; 

institute necessary legal proceedings to prosecute violations of this Ordinance; 

issue citations to persons committing county infractions and compel the 

prevention and abatement of air pollution or nuisance arising therefrom. 

3. Approve or disapprove, in accordance with the requirements of this Ordinance, 

plans for fuel-burning and air pollution control equipment. 

4. Make or supervise inspections and tests of existing and newly installed, 

constructed, reconstructed or altered fuel-burning or refuse-burning equipment 

and process control equipment to determine 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 approval or disapproval proposals for Ordinances and 

additions or revisions to this Ordinance or any ordinance pertaining to air 

pollution control. 

6. Review those matters related to air pollution referred by other county, state, or 

federal agencies and make recommendations. 

7. Submit monthly reports concerning permits 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 necessary 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 certified mail to show cause before the Linn County Board of 

Health within thirty (30) days why the offending 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 Board of Health shall then 

determine whether or not to direct the Air Pollution 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 representative unless authorized in writing by 

the Air Pollution Control Officer 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 requirements of this ordinance is subject to the following 

penalties: 

1. A violation of any provision of this ordinance or any code, rules, or regulations 

adopted herein by reference shall constitute 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: according 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 Section 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 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 Section 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 commercially generated waste 

including, but not limited to, burning to avoid 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 infraction based upon any section of this 

ordinance (except Section 10.8(3) or Section 10.10 as specifically exempted above) 

shall, upon conviction be subject to a civil 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 exist by the violator shall constitute 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 sent to the clerk of the district court. 

5. A person found guilty of a county infraction 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 failure 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 provisions of this Ordinance may 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 Ordinance shall not preclude the bringing of a civil action by 

ordinary proceedings to enjoin or abate any nuisance. 

10. Nothing herein shall preclude the Environmental Protection Agency Administration's 

right of enforcement under any section of the Clean Air Act. 

11. Civil penalties assessed by the Department shall be deposited in the general fund of 

the Department to be used for community environmental benefit. 

10.25 Jurisdiction 

The provisions of this Ordinance shall apply throughout Linn County, Iowa. 

10.26 Repealer 

All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are 

hereby repealed. 

10.27 Severability Clause 

If any section, provision, or other part of this Ordinance shall be adjudged invalid or 

unconstitutional said adjudication shall not affect the validity of the Ordinance as a 
Page 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 Standards ..................................................... 1

10.2 Definitions ............................................................................................................. 2

10.3 Air Quality Division ............................................................................................ 19

10.4 Title V and Voluntary Permits ............................................................................ 19

10.5 Locally Required Permits .................................................................................. 19

10.6 Permit Fees ......................................................................................................... 31

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

10.8 Emissions From Fuel-Burning Equipment ....................................................... 33

10.9 Emissions Standards ......................................................................................... 36

10.10 Open Burning ................................................................................................... 73

10.11 Emissions of Objectionable Odors ................................................................. 78

10.12 Sulfur Compounds ........................................................................................... 79

10.13 Fugitive Dust ..................................................................................................... 79

10.14 Excess Emission .............................................................................................. 80

10.15 Variances .......................................................................................................... 83

10.16 Circumvention .................................................................................................. 87

10.17 Testing and Sampling of New and Existing Equipment ................................ 88

10.18 Analysis Fees ................................................................................................... 91

10.19 Submission of Information .............................................................................. 91

10.20 Public Records and Fair Information Practices ............................................. 91

10.21 Prevention of Air Pollution Emergency Episodes ......................................... 92

10.22 Enforcement ................................................................................................... 100

10.23 Sealing ............................................................................................................ 101

10.24 Penalty ............................................................................................................ 102

10.25 Jurisdiction ..................................................................................................... 103

10.26 Repealer .......................................................................................................... 103

10.27 Severability Clause ........................................................................................ 103

10.28 When Effective ................................................................................................ 104
Page 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, Linn County, Iowa, that Linn County 

Ordinance # 8-8-2012 as codified in Linn County Code of Ordinance Chapter 10 is 

hereby rescinded and in its place is enacted 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 the Linn County Board of Health, and the Linn County Board of 

Supervisors, that the purpose of this ordinance is to achieve and maintain such levels of 

air quality as will protect human health and safety, and to the greatest degree 

practicable, prevent injury to plant and animal life and property, foster the comfort and 

convenience of the people, promote social development of Linn County, foster 

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

County, Iowa. 

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

and control air pollution, by establishing standards for air quality and by regulating 

potential sources of air pollution through a system of general rules or specific permits. 

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

Secondary Ambient Air Quality Standards as published in 40 Code of Federal 

Regulations Part 50 (1972) and as amended at 38 Federal Register 22384 (September 

14, 1973), 43 Federal 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 (November 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 PM10 standard specified in 40 

CFR 50.6(b) shall continue to be applied for purposes of implementation of new source 

permitting provisions in LCCO 10.5. Linn County shall implement these rules in a time 

frame and schedule consistent with implementation schedules in federal laws, 

regulations and guidance documents, and Iowa statutes and rules. 

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 Environmental 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, smoke, other particulate matter, gas, vapor 

(except water vapor), radioactive substance, odorous substances or any combination 

thereof. 

"Air contaminant source" means any and all sources of emission of air contaminants 

whether privately or publicly owned or operated. Air contaminant source includes, but is 

not limited to, all types of businesses, commercial and industrial plants, works, shops, 

and stores, heating and power plants and stations, buildings and other structures of all 

types including single and multiple family residences, office buildings, hotels, 

restaurants, schools, hospitals, churches and other institutional buildings, 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 chimney outlets from any of the foregoing. 

"Air pollution" means the presence in the outdoor atmosphere of one or more air 

contaminants in sufficient quantities and of such characteristics and duration as is or 

may reasonably tend to be injurious to human, plant, 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 control the emission to the atmosphere of, air contaminants from 

any fuel-burning equipment, incinerator, or process equipment. 

"Air pollution control officer" means the Air 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 reached, 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 which may or do present an imminent and 

substantial endangerment to the health of persons during which the chief meteorological 

factors are the absence of winds that disperse air contaminants horizontally and a 

stable atmospheric layer which tends to inhibit vertical mixing through relatively deep 

layers. 

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

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

Natural Resources that meteorological conditions conducive to an air pollution episode 

may be imminent. This advisory may be followed by a prediction of the duration and 

termination of such meteorological conditions. 

"Air pollution warning" means the condition when the air quality 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 level of air contaminant or atmospheric air 

concentration established by the Commission. 

"Alter" means to change, make different, modify, vary, construct or reconstruct, diverge 

or depart from original plan. 

"Ambient air" means that portion of the atmosphere, 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 which public access is precluded by a fence or 

other physical barriers. 

"Anaerobic lagoon" means an impoundment, the primary 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 basin which receives waste discharges from confinement 

feeding operations and which is designed for complete removal of accumulated 

wastes from the basin at least semiannually; or 

c. Any anaerobic treatment system which includes collection and treatment facilities 

for all off gases. 

"ASME" means the American Society 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 pollutant. 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 control equipment, or alter, modify or delete existing control 

equipment. 

"Auxiliary fuel firing equipment" means equipment to supply additional heat, by the 

combustion of an auxiliary fuel, for the purpose of attaining temperatures sufficient to 

dry and ignite the waste material, to maintain ignition thereof, and to promote complete 

combustion of combustible gases, solids and vapors. 

"Backyard burning" means the disposal of residential waste by open burning on the 

premises of the property where such waste is generated. 

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

fuel derived from agricultural plant oils or animal fat such as, but not limited to, soybean 

oil. For purposes of this definition, "biodiesel fuel" must also meet the specifications of 

American Society for Testing and Material Specifications (ASTM) D 6751-02, "Standard 

Specification for Biodiesel Fuel (B100) Blend Stock for Distillate Fuels," and be 

registered with the U.S. Environmental Protection Agency as a fuel and a fuel additive 

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

amended through November 15, 1990. 

"Biomass" means 1

: 

1. Any organic material grown for the purpose of being converted to energy; 

2. Any organic byproduct of agriculture that can be converted into energy; or 

3. Any material that can be converted into energy and is nonmerchantable for 

other purposes, that is segregated from other nonmerchantable material, and 

that is; 

a. A forest-related organic resource, including mill residues, 

precommercial thinnings, slash, brush, or byproduct from conversion of 

trees to merchantable material; or 

b. A wood material, including pallets, crates, dunnage, manufacturing and 

construction materials (other than pressure-treated, chemically-treated, 

or painted wood products), and landscape 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 Public Health Department’s Board of Health. 

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

of one pound of water from 59°F to 60°F. 
Page 5 of 104 Linn County Ordinance # 8-8-2012 

"Carbonaceous fuel" means any form of combustible matter (whether solid, liquid, vapor 

or gas) consisting primarily of carbon-containing compounds in either fixed or volatile 

form, and which is burned primarily for its heat content. 

"CFR" means the Code of Federal Regulations. 

"Circumvention" means evasion by the installation of any device or contrivance, or the 

concealment or the misrepresentation of facts about contaminant emissions for the 

purpose of misdirecting or evading proper installations or use of air pollution control 

devices or application of this Ordinance. 

 

"Combustion for Indirect Heating" means the combustion of fuel to produce usable heat 

that is to be transferred through a heat-conducting materials barrier or by a heat storage 

medium to a material to be heated so that the material being heated is not contacted by, 

and adds no substance to, the products of combustion. 

"Commenced" means that an owner or operator 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 construction 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 that has the function to prevent the 

formation of, or the emission to, the atmosphere of air contaminants 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 guidelines for decisions when establishing air 

quality goals, air quality standards and the various air quality levels, and which in no 

case is to be confused or used interchangeably with air quality goals or standards. 

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

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

2-D, as defined by the American Society of Testing and Materials (ASTM) D 975-02, 

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

D 2880-00, "Standard Specification for Gas Turbine Fuel Oils," or grade 1 or 2, as 

defined by ASTM D 396-02, "Standard Specification for Fuel Oils." 

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

specified, diesel fuel may contain a blend of up to 2.0 percent biodiesel fuel, by 

volume, as "biodiesel fuel" is defined in this rule. 
Page 6 of 104 Linn County Ordinance # 8-8-2012 

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

biodiesel fuel blends specified in numbered paragraph "1" to be equivalent to the 

air pollutant emissions calculations for unblended diesel fuel. 

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

issued under 567 IAC Chapter 22 which restrict equipment fuel use to diesel fuel 

shall be considered by the Department to include biodiesel fuel blends specified 

in numbered paragraph "1," unless otherwise specified in LCCO §10.5 or in a 

permit issued under LCCO §10.5 or 567 IAC Chapter 22. 

"Director" means the Director 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 which 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 generator does not include: 

1. Peaking units at electric utilities; or 

2. Generators at industrial facilities that typically operate at low rates, but are not 

confined to emergency purposes; or 

3. Any standby generators that are used during time periods when power is 

available from the electric utility. 

An emergency is an unforeseeable condition that is beyond the control of the owner or 

operator. 

"Emission" means a release of one or more 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 specifications, or prescribe operation or maintenance procedures for 

a source to assure continuous 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 meant to alter or affect the definition of the term "unit" for 

purposes of Title IV of the Act 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 that 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 amended 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 through January 12, 2004), C (as amended 

through December 16, 1975), and F (as amended 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 through 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 emitting air contaminants to produce air 

pollution such as fuel burning, combustion or process devices or apparatus including 

but not limited to fuel-burning equipment, refuse burning equipment used for the burning 

of fuel or other combustible material from which the products of combustion are emitted; 

and including but not limited to apparatus, equipment or process devices which 

generate heat and may emit products of combustion, and manufacturing, chemical, 

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

particulate matter or other air contaminants. 

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

necessary for complete combustion of all fuel or combustible waste material present. 

"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 equipment, 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 requirements 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 requirements of such other state rules or 

orders approved by the Administrator for inclusion 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 used for melting of metals consisting of, 

but not limited to, the furnace proper, tuyeres, fans or blowers, tapping spout, charging 

equipment, gas cleaning devices and other auxiliaries. 

"Fuel burning equipment" means equipment, device or contrivance and all 

appurtenances thereto, including ducts, breechings, control equipment, fuel-feeding 

equipment, ash removal equipment, combustion controls, stacks, chimneys, etc., used 

principally but not exclusively to burn any fuel for the purpose of indirect heating in 
Page 8 of 104 Linn County Ordinance # 8-8-2012 

which the material being heated is not contacted by and adds no substances to the 

products of combustion. 

"Fugitive dust" means any airborne solid particulate 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, cooking, 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, hydrofluorocarbons, perfluorocarbons, and sulfur 

hexafluoride. GHGs emitted shall be computed as follows: Multiplying the mass 

amount of emissions (tpy), for each of the six greenhouse gases in the pollutant GHGs, 

by the gas’s associated global warming potential 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 CO2.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 pollutant 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. For solid fuels, the heating value shall be 

determined by use of ASTM Standard D2015-66. 

"Household rubbish" means waste material and trash, not to include garbage, petroleum 

or asphalt-based products, normally accumulated by a family at a residence in the 

course of ordinary day-to-day living. 

"IAC" means Iowa Administrative Code. 

"Incinerator" means a combustion apparatus designed for high temperature operation in 

which solid, semi-solid, liquid, or gaseous combustible 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 equipment, control equipment or permanent structures. 
Page 9 of 104 Linn County Ordinance # 8-8-2012 

Not included are activities incident to preliminary engineering, environmental studies, or 

acquisition of a site for a facility. 

"Landscape waste" means any vegetable or plant 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 would 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 NOx shall be considered significant for ozone. 

2. A physical change, or change in the method of operation, shall not include: 

a. Routine maintenance, repair, and replacement; 

b. Use of an alternative fuel or raw material by reason of an order under §§2(a) 

and (b) of the Energy Supply and Environmental 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 reason of an order or rule 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 material by a stationary source which the 

source was capable of accommodating 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, provided that the project complies with the 

requirements within the SIP; and other requirements necessary to attain and 
Page 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 the 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-fired electric utility steam generating unit. 

3. This definition shall not apply with respect to a particular regulated NSR pollutant 

when the major stationary source is complying with the requirements under rule 567 

IAC 33.9 for a PAL for that pollutant. Instead, 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 pollutants which emits, or has 

the potential to emit, 100 tons per year or more of any 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 ore reduction plants; 

• Primary copper smelters; 

• Municipal incinerators capable of charging more than 250 tons of refuse per day; 

• Hydrofluoric, sulfuric, and nitric acid plants; 

• Petroleum refineries; 

• Lime plants; 

• Phosphate rock processing plants; 

• Coke oven batteries; 

• Sulfur recovery plants; 

• Carbon black plants (furnace process); 

• Primary lead smelters; 

• Fuel conversion plants; 

• Sintering plants; 

• Secondary metal production plants; 

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

produce ethanol by natural fermentation included in NAICS code 325193 or 312140); 

• Fossil–fuel boilers (or combinations thereof) totaling more than 250 million British 

thermal units per hour heat input; 

• Petroleum storage and transfer units with a total storage capacity exceeding 

300,000 barrels; 

• Taconite ore processing plants; 

• Glass fiber processing plants; and 
Page 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 major stationary source if the change would 

constitute a major stationary source by itself. 

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

considered major for ozone. 

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

for any of the purposes of this rule whether it is a major stationary source, unless the 

source belongs to one of the categories of stationary sources listed in paragraph "1"(a) 

of this definition or to any other stationary source category which, as of August 7, 1980, 

is being regulated under Section 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 failure that is caused entirely or in part by 

poor maintenance, careless operation, lack of an adequate maintenance program, or 

any other preventable upset condition or preventable equipment breakdown shall not be 

considered a malfunction. 

"Maximum achievable control technology (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 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 sources 

in the category of stationary sources, that shall not be less stringent than the MACT 

floor. 

2. For new sources, the emission limitation 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 existing sources in the Unites States (for which the 

Administrator or Director has emissions information), excluding those sources that 

have, within 18 months before the emission standard is proposed or within 30 months 

before such standard is promulgated, whichever is later, first achieved a level of 

emission rate or emission reduction which complies, or would comply if the source is 

not subject to such standard, with the lowest achievable emission rate applicable to 

the source category and prevailing at the time, for categories and subcategories of 
Page 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 best performing five sources in the United 

States (for which the administrator or Director has or could reasonably obtain 

emissions information), for category or subcategory of stationary sources with fewer 

than 30 sources in the category or subcategory. 

2. For new sources the emission limitation 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 increases the amount of any air pollutant (to which a standard 

applies) emitted into the atmosphere by that facility or which results in the emission of 

any air pollutant (to which a standard applies) into the atmosphere not previously 

emitted. 

"National Ambient Air Quality Standards (NAAQS)" are the standards established 

pursuant to Section 109 of the Clean Air Act that apply for ambient air. 

"National Emission Standards for Hazardous Air Pollutants (NESHAP)" are emission 

standards established pursuant to Section 112 of the Clean Air Act. 

"New equipment" means except for any equipment or modified equipment to which 

§10.9(2) applies, any equipment or control 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, which may cause the emission 

of air contaminants or eliminate, reduce or control the emission 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 (NSPS)" are performance standards established 

pursuant to Section 111 of the Clean Air Act. 

"Nonattainment area" means any area of the country designated by the EPA at 40 CFR 

part 81 in accordance with section 107(d) of the Act as nonattainment 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 fuel oil number 2, as 

defined by the American Society of Testing and Materials (ASTM) D 396-02, "Standard 

Specification for Fuel Oils." 

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

Code of Ordinances and unless otherwise specified, number 1 fuel oil or number 2 

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

"biodiesel fuel" is defined in this rule. 
Page 13 of 104 Linn County Ordinance # 8-8-2012 

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

fuel blends specified in numbered paragraph "1" to be equivalent to the air pollutant 

emission calculations for unblended number 1 fuel oil or unblended number 2 fuel oil. 

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

567 IAC Chapter 22, which restrict equipment fuel use to number 1 fuel oil or number 

2 fuel oil shall be considered by the Department to include the biodiesel fuel blends 

specified in numbered paragraph "1," unless otherwise specified in LCCO §10.5 or in 

a permit issued under LCCO 10.5 or 567 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 exposed 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 equipment, 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-minute 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 combustible materials from which the products of 

combustion are emitted into the open air without 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 volumes of a carrier material. 

"Permit conditions" means operational limits, restrictions, or other guides which have 

been set by the Air Pollution Control Officer, which govern the operation and/or 

emissions of a particular permitted 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 operate new installations or control equipment 

or to operate altered or modified existing equipment. 

"Person" means any individual, firm, corporation, organization, partnership, business, 

trust, public or private corporation, company, trustee, syndicate, club, institution, 

agency, or any federal, state or local governmental agency 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 complaint by not less than 20 signatures of 

persons directly aggrieved by the condition causing the complaint when submitted to the 

Air Pollution Control 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. 

"PM10" means particulate matter within an aerodynamic 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 CFR Part 53 as amended in 567 IAC 20.2. 

"PM2.5" means particulate matter within an aerodynamic 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 capacity of a stationary source to emit a 

pollutant under its physical and operational design. Any physical or operational 

limitation on the capacity of the source to emit a pollutant, including air pollution control 

equipment and restrictions on hours of operation or on the type or amount of material 

combusted, stored, or processed, shall be treated as part of its design if the limitation is 

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

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

the Act or the regulations relating to acid rain. 

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

provisions set forth in 567 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 actually been operated less 

than 500 hours per year for the past five years. 

2) 8760 hours of operation annually, if the generator has actually 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 construction permit review, then potential to emit 

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

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

modified sources issued by the Director 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 adversely 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 smoke, particulate matter, gaseous matter or 

other air contaminant. 

"Process weight" means the total gross weight of all materials that are capable of 

causing any discharge into the atmosphere, introduced into a specific process, including 

liquids in any form, but excluding air and free water in any form. 

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

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

entire period of continuous operation or for a typical portion thereof, divided by the 

number of hours of each period or portion thereof. 

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

complete operation or an integral number of cycles, divided by the hours of actual 

process operation during such a period. 

3. Where the nature of any process or operation or the design of any equipment is 

such as to permit more than one interpretation of this definition, the interpretation that 

results in the minimum value for allowable emissions shall apply. 

"Public Health Department" means the Director or administrative 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 national ambient air quality standard has been 

promulgated and any constituents or precursors for such pollutants identified by the 

Administrator (e.g., volatile organic compounds and NOX are precursors for ozone); 

(ii) Any pollutant that is subject to any standard promulgated under section 111 of the 

Act; 

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

established by title VI of the Act; or 
Page 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 either 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 Act, are not regulated NSR pollutants unless the listed 

hazardous air pollutant is also regulated as a constituent or precursor of a general 

pollutant listed under section 108 of the Act as defined in 567 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 Section 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 Section 108 of the Act. 

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

residential activities. The term includes landscape waste grown on the premises or 

deposited thereon by the elements, but excludes garbage, tires, trade wastes, and any 

locally recyclable goods or plastics. 

"Responsible Official" means one of the following: 

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

corporation in charge of a principal business function or any other person who 

performs similar policy or decision-making functions for the corporation or duly 

authorized representative of such person if the representative is responsible for the 

overall operation of one or more manufacturing production or operating facilities 

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

persons or have a gross annual sales or expenditures exceeding $25 million (in 

second quarter 1980 dollars); or the delegation of authority to such representative is 

approved in advanced by the permitting authority. 

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

respectively. 

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

executive officer or ranking elected official. For the purposes of this chapter, a 

principal executive office of a federal agency includes the Chief Executive Officer 

having responsibility for the overall operations of a principal geographic unit 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 prohibitions under Title IV of the Act or the regulations 

promulgated thereunder are concerned; and the designated representative for any 

other purposes under this chapter or the Act. 

"Rubbish" means all waste materials of nonputrescible nature. 
Page 17 of 104 Linn County Ordinance # 8-8-2012 

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

in salvaging or reclaiming any product or material, including, but not limited to, 

chemicals, drums, metals, motor vehicles or shipping containers. 

"Sampling facilities" means access structure and adequate stack 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 premises being used in violation of this Ordinance. 

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

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

to emit any of the following pollutants, at a rate of emissions that would equal or exceed 

any of the following rates: 

 Pollutant and Emissions Rate 

 Carbon monoxide: 100 tons per year (tpy) 

 Nitrogen oxides: 40 tpy 

 Sulfur dioxide: 40 tpy 

 Particulate matter: 25 tpy 

 PM10: 15 tpy 

 PM2.5: 10 tpy 

 Ozone: 40 tpy of volatile organic compounds or NOx 

 Lead: 0.6 tpy 

 Fluorides: 3 tpy 

 Sulfuric acid mist: 7 tpy 

 Hydrogen sulfide (H2S): 10 tpy 

 Total reduced sulfur (including H2S): 10 tpy 

 Reduced sulfur compounds (including H2S): 10 tpy 

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

x 10-6 tpy) 

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

per year (15 tons per year) 

 Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen 

chloride): 36 megagrams per year (40 tons per year) 

 Municipal solid waste landfill emissions (measured as nonmethane organic 

compounds): 45 megagrams per year (50 tons per year) 

"Six-minute period" means any one of the ten equal parts of a one-hour period. 

"Smoke" means gas-borne particulates resulting from incomplete combustion, 

consisting predominantly, but not 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 operation preceding the emission of an air 

contaminant, and which results in the separation of the air contaminant from the 

process materials or in the conversion of the 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 temperature of 70 degrees Fahrenheit and a gas 

pressure of 29.92 inches of mercury absolute. 

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

conditions. 

"Standard metropolitan statistical area (SMSA)" means an area that has at least one 

city with a population of at least 50,000 and such surrounding areas as geographically 

defined by the U.S. Bureau of the Budget (Department of Commerce). 

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

equipment or processes for any purpose. 

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

approved by the Administrator which provides for implementation, maintenance, and 

enforcement of such primary and secondary ambient air quality standards as are 

adopted by the Administrator, pursuant to the Act. 

"Stationary source" means any building, structure, facility or installation which emits or 

may emit any air pollutant. 

"Subject to regulation" For purposes of this chapter, the definition of "subject to 

regulation" shall be adopted by reference as defined in Iowa 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 quantity of a specific fuel or waste. 

"Title V" means Title V of the Clean Air Act, 42 U.S.C. Sections 7401, et seq., and all 

rules promulgated thereunder. 

"Total suspended particulate" means particulate matter as measured by an EPAapproved reference method. 
Page 19 of 104 Linn County Ordinance # 8-8-2012 

"Trade waste" means any refuse resulting from the prosecution of any trade, business, 

industry, commercial venture (including farming and ranching), or utility or service 

activity, and any governmental or institutional activity, whether or not for profit. 

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

rolling basis with a new 12-month period beginning on the first day of each calendar 

month. 

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

that have not been treated with compounds such as, but not limited to, paint, pigmentstain, adhesive, varnish, lacquer, or resin or that have not been pressure treated with 

compounds such as, but not limited to, chromate copper, acetate, pentachlorophenol or 

creosote. "Untreated" as it refers to seeds, pellets or other vegetative matter that 

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

fungicides. 

"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, ordinances, or standards granted by 

the Air Pollution Control Officer for a specified 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 division of the Linn County Public Health 

Department. An Air Pollution Control Officer 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 Department of Natural Resources and promulgated as 567 IAC 

Chapter 22, are hereby specifically incorporated by reference and adopted as a part of 

this ordinance. 

2. Voluntary Operating Permits. Except as hereafter modified the Voluntary Operating 

Permit regulations or rules as promulgated as 567 IAC Chapter 22, are hereby 

specifically incorporated by reference and adopted as a part of this ordinance. 

10.5 Locally Required Permits 
Page 20 of 104 Linn County Ordinance # 8-8-2012 

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 Pollution 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 emission 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 install 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 obtained before any on-site construction takes place. 

The Air Pollution Control Officer must be notified of any modification or change made 

from the original plans. 

Before an Authorization To Install is granted, 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 Officer shall notify the applicant in writing of 

the required size, number, and location of sampling holes; the size and location of 

sampling platform; the access to the sampling platform; and the 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 replacing 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 contain 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 the 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 final emission after control. 
Page 21 of 104 Linn County Ordinance # 8-8-2012 

8) Estimated equipment operation 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 number of the person submitting the 

application or, if such person is a legal entity, the 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 necessary by the Department to determine 

compliance with or applicability of rules for Prevention of Significant Deterioration. 

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

operate equipment covered by the permit application on the property identified in 

the permit application. A signed statement shall not be required for rock crushers, 

portable concrete or asphalt equipment used in conjunction with specific identified 

construction projects which are intended to be located at a site only for the 

duration of the specific, identified construction project. 

b. Public Notice Requirements 

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

or authorization is issued for a significant modification to an existing major source as 

defined in §10.2 and 567 IAC Chapter 33, a notice of intent shall be published by the 

Department in a newspaper having general circulation in the area affected by the 

emissions of the proposed source. The notice and supporting documentation shall be 

made available for public inspection upon request. Publication of the notice shall be 

made at least thirty (30) days prior to issuing a permit. The public may submit written 

comments or request a public hearing. If the response indicates significant interest, a 

public hearing may be held after due notice. 

A copy of the notice announcing the opportunity for public comment shall be sent to the 

United States Environmental Protection Agency Regional Administrator 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 article, 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 permit to operate the equipment. Extensions of 
Page 22 of 104 Linn County Ordinance # 8-8-2012 

the ninety (90) day adjustment period may be granted by the Air Pollution Control 

Officer for good cause. Expiration of the Authorization To Install permit does not relieve 

the applicant from complying with any permit conditions which may have been a part of 

the original Authorization To Install permit. 

d. Issuance of Permit 

In no case shall an Authorization to Install permit that results in an increase in emissions 

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

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

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

contained in an order or permit condition, the Department may consider issuance of an 

Authorization to Install permit. An Authorization To Install permit shall be issued when 

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

and: 

1) That the required plans and specifications represent equipment which 

reasonably can be expected to comply with all applicable emission standards, 

and 

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

conjunction with all other emissions, will not prevent the attainment or 

maintenance of the ambient air quality standards specified in Section 10.1, 

and 

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 all other applicable requirements. 

3. Permit to Operate. The Air Pollution Control Officer is delegated the authority to 

issue Permits to Operate. Before any article, machine, equipment or other contrivance 

which when used may cause the creation or emission of air contaminants may be 

operated, continued in operation, or used beyond the adjustment period described in 

§10.5(2), a written permit shall be obtained from the Air Pollution Control Officer. No 

Permit to Operate or Use shall be granted either by the Air Pollution Control Officer or 

the Board of Health for any article, machine, 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 the Air Pollution Control Officer. The Air 

Pollution Control Officer shall require the article, machine, equipment, or contrivance 

altered, if necessary, to conform to standards set forth in this ordinance, prior to 

granting the permit to operate. 

a. Permit Form 

Application for permit to operate shall be made on forms furnished by the Air Pollution 

Control Officer. The application shall include the name, address and telephone number 
Page 23 of 104 Linn County Ordinance # 8-8-2012 

of the person submitting the application or, if such person is a legal entity, the name and 

address of the individual authorized to accept service of process on its behalf and the 

name of the person in charge of the premises 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 determined that the control device is operating within the 

emission limits established by this Ordinance or as specified in any permit conditions 

and that operation of the equipment will not prevent the attainment or maintenance of 

the ambient air quality standards. 

The Air Pollution Control officer may require special permit conditions on a case-bycase basis when the compliance status, history of operations, ambient air quality in the 

vicinity, or the type of control equipment 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 Operate any article, machine, equipment, 

or other contrivance described in §10.5(3) shall firmly affix an approved identification 

bearing the emission point number upon the article, machine, equipment, stack or other 

contrivance in a clearly visible and accessible manner. In the event that the article, 

machine, equipment, or other contrivance is so constructed or operated that such 

identification can not be so placed, the emission point number shall be identified in a 

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

be available at all times to Department personnel. 

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

identification bearing the emission point number on any article, machine, equipment or 

other contrivance. 

4. Action on Application. The Air Pollution Control Officer shall act within a reasonable 

period of time on an application for Authorization To Install or Permit to Operate, and 

shall notify the applicant in writing of the approval, conditional 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 therefore. Service of this notification may be made in person or 

by certified mail, and such service may be proven by the written acknowledgment of the 

persons served or by affidavit of the person making the service. The Air Pollution 

Control Officer shall not accept any additional application unless the applicant has 
Page 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 another unless the equipment 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 relocating the portable equipment to an area 

currently classified as nonattainment for ambient air quality standards or to an area 

under a maintenance plan for ambient air quality standards, the owner or operator shall 

notify the department at least 30 days prior to transferring the portable equipment to the 

new location. A list of nonattainment and maintenance areas may be obtained from the 

department, upon request, or on the department’s Internet Web site. The owner or 

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

relocation will prevent the attainment or maintenance of ambient air quality standards 

and thus require a more stringent emission standard and the installation of additional 

control equipment. In such a case a supplemental permit shall be obtained prior to the 

initiation of construction, installation, 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 certification that the described equipment was 

acquired and/or installed 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 for which these regulations require a permit 

shall provide and maintain such sampling and testing facilities as specified in the 

Authorization to Install permit or Permit to Operate. 

9. Exemptions from the Authorization to Install Permit and Permit to Operate 

Requirements. The provisions of §10.5 shall not apply to the following equipment, 

except when Prevention of Significant Deterioration Standards (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 Pollutants (40 CFR Part 61 NESHAP), (567 IAC 

23.1(3), (§10.9(3)); or Emission Standards for Hazardous Air Pollutants for source 

categories (40 CFR Part 63 NESHAP), (567 IAC 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 heating 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, harvesting crops, or raising livestock other 

than anaerobic lagoons. This exemption is not applicable if the equipment is 

used to remove substances from grain which were applied to the grain by 

another person. This exemption also is not applicable to equipment used by a 

person to manufacture commercial feed, as defined in Iowa Code section 198.3, 

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

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

confinement building owned or operated by that person and located in this state. 

e. Direct-fired residential heaters, cook stoves, or fireplaces, 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 analyses conducted for quality assurance or 

quality control activities, or for the assessment of environmental impact. 

g. Recreational fireplaces. 

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

manufacturing facility. 

i. Storage tanks with a capacity of 19,812 gallons or less 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 industrial waste are not exempt. 

k. Retail gasoline and diesel fuel handling facilities. The owner or operator of a 

retail gasoline dispensing facility (GDF) that is subject to applicable national 

emission standards for hazardous air pollutants (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, certifying that the GDF is in compliance with 

the following federal regulations: 

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

gasoline dispensing facilities (40 CFR Part 63, Subpart CCCCCC). 
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 which 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 process 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 and renovation projects subject 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 that the owner or operator meets all of 

the conditions in this paragraph. For the purposes of this exemption, the 

manufacturer's nameplate rated capacity at full load shall be defined as the brake 

horsepower output at the shaft. The owner or operator of an engine that is 

subject to applicable new source performance standards (NSPS) and/or national 

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

engine was manufactured, ordered, modified or reconstructed may not use this 

exemption in accordance with §10.5(9). The owner or operator, prior to 

installing, modifying or reconstructing the engine, must submit to the department 

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

engine is in compliance with the following federal regulations: 

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

ignition internal combustion engines (40 CFR 60, Subpart 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 hazardous air pollutants (NESHAP) for 

stationary reciprocating internal combustion 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 engine 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 class 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 capacity. 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 psia. "Maximum true vapor pressure" 

means the equilibrium partial pressure of the material considering: 

 For material stored at ambient temperature, the maximum monthly 

average temperature as reported by the National Weather Service, or 

 For material stored above or below the ambient temperature, the 

temperature equal to the highest calendar-month average of the 

material storage temperature. 

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

surface grinding, sanding, planing, buffing, sandblast cleaning, shot blasting, shot 

peening, or polishing ceramic artwork, leather, metals (other than beryllium), 

plastics, concrete, rubber, paper stock, and wood or wood products, where such 

equipment is either used for non-production activities or exhausted inside a 

building. 

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

polishing, carving, cutting, drilling, machining, routing, sanding, sawing, scarfing, 

surface grinding, or turning. 

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

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 reduces or eliminates all emission to the 

atmosphere. If a source wishes to obtain credit for emission reductions, a permit 

must be obtained for the reduction prior to the time the reduction is made. If a 

construction permit has been previously issued for the equipment or control 

equipment, all other conditions of the construction permit remain in effect. 

w. The following equipment, processes, and activities: 

(1) Cafeterias, kitchens, and other facilities 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 consumer use of janitorial products. 

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

keeping purposes. 

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

to clean, with water solutions of bleach or detergents, or to dry clothing, bedding, 

and other fabric items used on site. This exemption does not include laundry 

activities that use dry cleaning equipment or steam boilers. 
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 activities and repair or maintenance shop 

activities (e.g., grounds keeping, general repairs, cleaning, painting, welding, 

plumbing, retarring roofs, installing insulation and paving parking lots), provided 

that these activities are not conducted as part of manufacturing process, are not 

related to the source’s primary business activity, and do not otherwise trigger a 

permit modification. Cleaning and painting activities qualify if they are not subject 

to requirements for volatile organic compounds or hazardous air pollutants as 

defined in 567 IAC 22.100. 

(9) Air compressors and vacuum pumps, including hand tools. 

(10) Batteries and battery charging stations, except at battery manufacturing 

plants. 

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

surfactants, waxes, glycerin, vegetable oils, greases, animal fats, sweetener, 

corn syrup, and aqueous salt or caustic solutions, provided that appropriate lids 

and covers are utilized and that no organic solvent has been mixed with such 

materials. 

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

equipment at slaughterhouses, such as rendering cookers, boilers, heating 

plants, incinerators, and electrical power generating equipment. 

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

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

production facilities. 

(15) Equipment used by surface coating operations that apply the coating by 

brush, roller, or dipping, except equipment that emits volatile organic compounds 

or hazardous air pollutants as defined in 567 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 chambers, and solar simulators. 

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

unpaved road surfaces, provided that the emissions are not accounted for 

applicability purposes and that any fugitive dust control plan or its equivalent is 

submitted as required by the Department. 
Page 29 of 104 Linn County Ordinance # 8-8-2012 

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

tanks, and demineralizer vents. 

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

(22) Oxygen scavenging (deaeration) of water. 

(23) Fire suppression systems. 

(24) Emergency road flares. 

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

(26) Steam sterilizers. 

(27) Application of hot melt adhesives from closed-pot systems using polyolefin 

compounds, polyamides, acrylics, ethylene vinyl acetate and urethane material 

when stored and applied at the manufacturer’s recommended temperatures. 

Equipment used to apply hot melt adhesives shall have a safety device that 

automatically shuts down the equipment if the hot melt temperature exceeds the 

manufacturer’s recommended application temperature. 

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

capacity of less than 10 million Btu per hour input, and direct-fired equipment 

burning fuel oil with a capacity of less than 1 million Btu per hour input, with 

emissions that are attributable only to the products of combustion. Emissions 

other than those attributable to the products of combustion shall be accounted for 

in an enforceable permit condition or shall otherwise be exempt under this 

subrule. 

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

systems, but excluding any combustion equipment associated with such 

systems. 

z. Pretreatment application processes that use aqueous-based chemistries 

designed to clean a substrate, provided that the chemical concentrate contains 

no more than 5 percent organic solvents by weight. This exemption includes 

pretreatment processes that use aqueous-based cleaners, cleanerphosphatizers, and phosphate conversion coating chemistries. 

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

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

maximum heat input of less than 10 million BTU per hour and that are used for 

powder coating operations, provided that the total cured powder usage is less 

than 75 tons of powder per year at the stationary source. Records shall be 

maintained on site by the owner or operator for a period of at least two calendar 

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

threshold. 
Page 30 of 104 Linn County Ordinance # 8-8-2012 

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

aerosol cans, where the total volatile organic compound emissions from all these 

activities at a stationary source do not exceed 5.0 tons per year. 

dd. Production welding. 

(1) Welding using a consumable electrode, provided that the consumable 

electrodes used fall within American 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 for 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 electrode used shall be maintained on site 

by the owner or operator for a period of at least two calendar years. 

 For stationary sources where electrode usage exceeds these levels, the 

welding activity at the stationary source may be exempted if the amount of 

electrode used (Y) is less than: 

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

 Y = the greater of 187x – 2,600 or 28,000 for SMAW or FCAW 

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

annual electrode usage in pounds per year. 

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

specified exemptions, the most stringent limits must be applied. 

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

a consumable electrode, provided that the base metals do not include any 

stainless steel, alloys of lead, alloys of arsenic, or alloys of beryllium and 

provided that the base metals are uncoated, excluding manufacturing process 

lubricants. 

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

ff. Pressurized piping and storage systems for natural gas, propane, liquefied 

petroleum gas (LPG), and refrigerants, where emissions could only result from 

an upset condition. 

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

painting operations, provided that the emissions from the storage and mixing are 

accounted for in an enforceable permit condition or are otherwise exempt. 

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

equal to six inches and an annual material throughput of less than 1,000 gallons 

per year as calculated on a stationary source-wide basis. 

ii. A regional collection center (RCC), as defined in 567 IAC Chapter 211, involved 

in the processing of permitted hazardous materials from households and 
Page 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 eligible to use this exemption. 

jj. Cold solvent cleaning machines that are not in-line cleaning machines, where the 

maximum vapor pressure of the solvents used shall not exceed 0.7 kPa (5 

mmHg or 0.1 psi) at 20°C (68°F). The 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 used for cold solvent cleaning machines 

that use solvent containing methylene chloride (CAS # 75-09-2), 

Perchloroethylene (CAS # 127-18-4), trichloroethylene (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 combination of these halogenated HAP 

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

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

construction internal combustion engines that are operated only for repair or 

maintenance purposes at equipment repair shops or equipment dealerships, and 

only when the repair shops or equipment dealerships are not major sources as 

defined in rule 567 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 credit allowed for stack heights that exceed 

"good engineering practice", the Iowa Administrative Code rule 567-23.1(5) as amended, 

shall apply and is hereby made a part of this Ordinance by reference. 

10.6 Permit Fees 

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

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

contrivance for which such permit or authorization is required by the terms of this 

Ordinance or otherwise required by law, shall pay a filing fee. 

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

annual operating fee due date, (hereafter referred to as the invoice 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 date, the permit shall expire 

and no longer be valid. The permit holder shall 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 violation 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 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 fines, court costs or restitution. 

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

above, all applicants for an Authorization to Install made after the initiation of on-site 

construction; for an Authorization to Install and a Permit to Operate for emission 

sources already in operation; or for renewals made after the expiration date; shall pay a 

late filing fee for each permit or renewal required. Nothing herein shall limit the Air 

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

lieu of or in addition to the collection of this filing fee. 

4. Fees required under Sections 10.6(1), 10.6(2) and 10.6(3) above shall be 

recommended by the Air Pollution Control Officer 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 visible air contaminants of a 

density or shade equal to or darker than that designated 20 percent opacity, into the 

atmosphere from any equipment, internal combustion 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 requirements of 567-29.1 of the 

Iowa Administrative Code. 

1. General Exceptions. 

a. Residential Heating Equipment. Residential natural or propane gas fired heating 

equipment serving dwellings of 4 family units or less is exempt. 

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

emissions of visible air contaminants from 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 shall 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 designated as 40 percent opacity, for longer 

than 5 consecutive seconds. 

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

emission of visible air contaminants from 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. Initial start and warm-up of a cold engine, the testing of an 

engine for trouble, diagnosis or repair, 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 aggregating 6 minutes in any 60 minute period 

when building a new fire, cleaning a fire, cleaning pollution control equipment or 

when blowing tubes and flues in a power plant, heating plant, or a domestic 

heating plant. This time may be extended 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 provisions except for the presence of 

uncombined water, such as condensed water vapor. 

2. Abnormal conditions or breakdown which cause emissions in excess of the 

limitations specified above 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 liquids, gases or solids and in 

the course of doing so, the products 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. When 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 determined 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-3286-82, "Gross Calorific Value of Solid Fuel by the 

Isothermal-Jacket Bomb Calorimeter". The heat content of oil shall be determined 

according to ASTM standard test method D-240-76 (Re-approved 1980), "Heat of 
Page 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 total heat input of all fuel-burning units on a 

plant or premises shall be used for determining the maximum allowable amount of 

particulate matter which may be emitted. 

d. With the exception of New Source Performance Standard Sources as defined in 

§10.9(2) of this Ordinance, the amount of particulate matter emitted shall be measured 

according to the State of Iowa Compliance 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 the approval of the Air Pollution Control 

Officer. 

2. Emission Limitation. 

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

combustion of fuel in fuel-burning equipment, from any stack 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 table for heat inputs greater than 10 but less than 

4,000 million BTU per hour shall be accomplished 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/million 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 emission 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 generating 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 particulates 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 shall be as determined in §10.8(2)(a). 

3. Exemption for Residential Heaters Burning Solid Fuels 

Residential heaters meeting the definition of "fuel burning 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 fuels, 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 limited to the following solid fuels. 

1) Untreated wood; 

2) Wood pellets made from untreated wood; 

3) Home heating oil in compliance with the applicable sulfur content limit, propane 

or natural gas may be used as starter fuels for dual-fired residential heaters as 

specifically permitted by manufacturer’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 Section 10.2 of this ordinance. 

b. Residential heaters located on property that is incorporated or zoned Urban Service 

Residential (USR), Rural Residential 1 (RR1), Rural Residential 2 (RR2), or Rural 

Residential 3 (RR3), Village Residential (VR), or Village Mixed-Use (VM): 

1) The owner shall not operate the residential heater during the period starting May 

15 and ending September 15. 

2) Excluding untreated wood 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 feet 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 structure that is located 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 greater than 25 feet above ground 

level. 

c. Residential heaters property that is NOT incorporated or zoned Urban Service 

Residential (USR), Rural Residential 1 (RR1), Rural Residential 2 (RR2), or Rural 

Residential 3 (RR3), Village Residential (VR) or Village Mixed-Use (VM): 

1) Excluding untreated wood 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 residential heater shall have 

a permanent stack that extends 15 feet above ground level. 

3) The owner of a residential heater may elect to comply with the requirements of 

subparagraph "b" of this section rather than the requirements specified in 

subparagraph "c." 

4. Nuisance Conditions for Fuel Burning Equipment 

a. No person shall cause or allow emissions of air contaminants to the outdoor 

atmosphere of such quantity, characteristic 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. Notwithstanding the existence of 

specific air quality standards or emission limits, this prohibition applies, but is not 

limited to, any particulate, fume, gas, mist, odor, smoke, vapor, toxic, or 

deleterious emission, either alone or in combination with others. 

b. If existing fuel burning equipment is, through 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 nuisance such as extending 

the chimney, fuel management, or relocating the residential heater or both. 

2) Cease and desist operating the unit until 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 matter into the atmosphere in any one hour from any emission 

point from any process equipment at a rate in excess of that specified in Table I for the 

process weight rate allocated to such emission point. In any case, the emission of 

particulate matter from any process shall not exceed an emission standard of 0.1 grain 

per dry standard cubic foot of exhaust gas or Table I of this section, whichever would 

result in the lowest allowable emission rate. 

TABLE I 
Page 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 table for process weight rates up to 60,000 lb/hr 

shall be accomplished by the use of the equation: 

4.10( ) 0.67 E  P
Page 38 of 104 Linn County Ordinance # 8-8-2012 

and interpolation and extrapolation of the data for process weight rates in excess of 

60,000 lb/hr shall be accomplished 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 standards 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, with the following exception: 

whenever the compliance status, history of operations, ambient air quality in the vicinity, 

or the type of control equipment utilized, would warrant maximum control, the Air 

Pollution Control Officer shall enforce 0.1 grains 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 that 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 particulate matter entering the air pollution control device. 

Regardless of the degree of efficiency of the air pollution control device, particulate 

matter discharged from such kilns shall not exceed 0.1 grains per standard cubic foot of 

exhaust gas. 

d. Cupolas for Metallurgical Melting. The emissions of particulate matter from all 

new foundry cupolas, and from all existing foundry 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 pounds 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 Melting. The emissions of particulate matter 

to the atmosphere from electric furnaces used for metallurgical melting shall not exceed 

0.1 grains per standard cubic foot of exhaust gas. 

f. Feed Grinding and Mixing Plants. No person 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 Processing Plants. No person shall 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 the atmosphere from a grain bin vent at 

a country grain elevator, as "country grain elevator" is defined in 567 IAC 22.10(1), 

shall not exceed 1.0 grain per dry standard cubic foot of exhaust gas. 

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

that was constructed, modified or reconstructed before March 31, 2008, at a country 

grain terminal elevator, as "country grain terminal elevator" is defined in 567 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, allow, or permit the operation of a kiln for the 

processing of limestone such that 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 cause, allow, or permit the operation of a 

meat smokehouse or a group of meat smokehouses which consume more than ten (10) 

pounds of wood, sawdust, or other material per hour such that the particulate matter 
Page 40 of 104 Linn County Ordinance # 8-8-2012 

discharged to the atmosphere exceeds 0.2 grains per standard cubic foot of exhaust 

gas. 

j. Phosphate Processing Plants. 

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

operation of equipment for the manufacture of phosphoric acid that was in 

existence on October 22, 1974, in a manner that produces more than 0.04 

pounds of fluoride per ton of phosphorous pentoxide or equivalent input. 

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

the operation of equipment for the manufacture of diammonium phosphate that 

was in existence on October 22, 1974, in a manner that produces more than 0.15 

pounds of fluoride per ton of phosphorous pentoxide or equivalent input. 

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

operation of equipment for the manufacture of nitrophosphate in a manner that 

produces more than 0.06 pounds of fluoride per ton of phosphorus pentoxide or 

equivalent input. 

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

processing of phosphate ore, rock, or other phosphatic material (other than 

equipment used for the manufacture of phosphoric acid, diammonium phosphate 

or nitrophosphate) in a manner such that the unit emissions of fluoride exceed 

0.4 pounds of fluoride per ton of phosphorous pentoxide or its equivalent input. 

5) Notwithstanding "1" through "4," no person shall allow, cause, or permit the 

operation of equipment for the processing of phosphorus ore, rock or other 

phosphatic material including, but not limited 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 Appendix A to 40 CFR Part 60 as amended 

through March 12, 1996, as adopted in 567 IAC Chapter 23. 

7) Calculation. The allowable total emission of fluoride shall be calculated by 

multiplying the unit emission specified above by the expressed design production 

capacity of the process equipment. 

k. Portland Cement Batching Plants. No person shall cause, allow, or permit the 

operation of a Portland cement batching plant such that the particulate matter in the gas 

discharged to the atmosphere exceeds 0.1 grains per standard cubic foot of exhaust 

gas. 

l. Incinerator. A person shall not cause, allow, or permit the operation of an 

incinerator unless it is provided with appropriate control of emissions of particulate 

matter and visible air contaminants. 
Page 41 of 104 Linn County Ordinance # 8-8-2012 

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

incinerator in a manner such that the particulate matter discharged to the 

atmosphere 0.2 grain per standard cubic foot of exhaust gas adjusted to 12 

percent carbon dioxide. 

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

with a rated refuse burning capacity of less than 1000 pounds per hour in a 

manner such that the particulate matter discharged to the atmosphere exceeds 

0.35 grains per standard cubic foot of exhaust gas adjusted to 12 percent carbon 

dioxide. 

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

incinerator in a manner such that it produces visible emissions which have an 

appearance, density, or shade darker than 20% opacity or that level specified in 

a federally enforceable permit; except that visible emissions which have an 

appearance, density, or shade not darker than 40% opacity may be emitted for a 

period or periods aggregating not more than 3 minutes in any 60 minute period 

during an operation breakdown or during the cleaning of air pollution control 

equipment. 

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 pouring 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 operation of any equipment designed 

for sand shakeout, mulling, molding, cleaning, preparation, reclamation or rejuvenation 

or any equipment for abrasive cleaning, shot blasting, grinding, 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, regardless of the types and 

number of operations that discharge from the stack. 

n. Painting and Surface Coating Operations. 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 cubic foot of exhaust gas. 

2. New Source Performance Standards. The federal standards of performance for new 

stationary sources, as defined in 40 CFR Part 60 as amended or corrected through 

October 8, 2009, as adopted in 567 IAC 23.1(2), are adopted 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 (Appendix A), performance specifications 

(Appendix B), determination of emission rate 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 Generators. A fossil fuel-fired steam generating unit of 

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

modification is commenced 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 Portland cement plant: kiln; 

clinker cooler; raw mill system; finish mill system; raw mill dryer; 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 following at a petroleum refinery: Fluid catalytic 

cracking unit catalyst regenerator; fluid catalytic 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 following in a secondary lead smelter: Pot 

furnaces of more than 250 kilograms (550 pounds) charging capacity; blast (cupola) 

furnaces; and reverberatory furnaces. (Subpart L) 

 (9) Secondary Brass and Bronze Ingot Production 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 Plants. A basic oxygen process furnace. (Subpart N) 

 (11) Sewage Treatment Plants. 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) 

 (13) Primary Copper Smelters. Any of the following at a primary copper smelter: 

Dryer, roaster, smelting furnace 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, blast furnace, dross reverberatory furnace, 

converter and electric smelting furnace. (Subpart R) 

 (16) Primary Aluminum Reduction Plants. Either of the following at a primary 

aluminum reduction plant: Potroom groups and anode bake plants. (Subpart S) 

 (17) Wet Process Phosphoric Acid Plants in the Phosphate Fertilizer Industry. A wet 

process phosphoric acid plant, which includes 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 Fertilizer Industry. A granular 

diammonium phosphate plant, which includes any combination of the following: 

Reactors, granulators, dryers, coolers, screens and mills. (Subpart V) 

 (20) Triple Superphosphate Plants in the Phosphate Fertilizer Industry. A triple 

superphosphate plant, which includes any combination of the following: Mixers, curing 

belts (dens), reactors, granulators, dryers, cookers, screens, mills and facilities which 

store run-of-pile triple superphosphate. (Subpart W) 

 (21) Granular Triple Superphosphate Storage Facilities in the Phosphate Fertilizer 

Industry. A granular triple superphosphate storage facility, which includes any 

combination of the following: Storage or curing piles, conveyors, elevators, screens and 

mills. (Subpart X) 

 (22) Coal Preparation Plants. Any of the 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, calcium silicon, silicomanganese zirconium, 

ferrochrome silicon, silvery iron, high-carbon 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 kraft pulp mill: Digester system; 

brown stock washer system; multiple effect evaporator system; black liquor oxidation 

system; recovery furnace; smelt dissolving tank; lime kiln; and condensate stripper 

system. In pulp mills where kraft pulping is combined with neutral sulfite semichemical 

pulping, the provisions of the standard of performance are applicable when any portion 
Page 44 of 104 Linn County Ordinance # 8-8-2012 

of the material charged to the affected facility 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 than a kraft pulp mill. (Subpart HH) 

 (26) Electric Utility Steam Generating Units. An electric 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 fossil fuel-fired combustion of more than 25 

megawatts electric (MW) that serves a generator that produces electricity for sale. A 

unit that cogenerates steam and electricity and supplies more 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 electric utility steam generating unit. . (Subpart 

Da) 

 (27) Stationary Gas Turbines. Any simple 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. Unless 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. Any 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, guide coat operations, and topcoat operations. (Subpart MM) 

 (32) Ammonium Sulfate Manufacture. Any of the following in the ammonium sulfate 

industry: Ammonium sulfate dryers in the caprolactam by-product, synthetic, and cokeoven by-product sectors of the industry. (Subpart PP) 

 (33) Surface Coating of Metal Furniture. Any metal furniture surface coating 

operation in which organic coatings are applied. (Subpart EE) 

 (34) Lead-Acid Battery Manufacturing Plants. Any lead-acid battery manufacturing 

plant which uses any of the following: Grid casting, paste mixing, three-process 
Page 45 of 104 Linn County Ordinance # 8-8-2012 

operation, lead oxide manufacturing, 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 rock 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 Coating--Large Appliances. Any surface coating operation in 

a large appliance surface coating line. (Subpart SS) 

 (38) Metal Coil Surface Coating. 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 roofing 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 Organic 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 January 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 modification 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 organic 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 total 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 pressure sensitive tape and label materials. 

(Subpart RR) 
Page 46 of 104 Linn County Ordinance # 8-8-2012 

 (44) Metallic Mineral Processing Plants. 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 Petroleum Refineries. A compressor and all 

equipment (defined in 40 CFR Part 60.591) within a process unit for which the 

construction, reconstruction, or modification commenced after January 4, 1983. 

(Subpart GGG) 

 (47) Flexible Vinyl and Urethane Coating and Printing. Each rotogravure printing line 

used to print or coat flexible vinyl or urethane products. (Subpart FFF) 

 (48) Petroleum Dry Cleaners. Petroleum dry cleaning plant with a total 

manufacturer's rated dryer capacity equal to or greater than 38 kilograms (84 pounds): 

Petroleum solvent dry cleaning dryers, washers, filters, stills, and settling tanks. 

(Subpart JJJ) 

 (49) Electric Arc Furnaces and Argon-Oxygen Decarburization Vessels Constructed 

after August 17, 1983. Steel plants that produce carbon, alloy, or specialty steels: 

Electric arc furnaces, argon-oxygen decarburization vessels, and dust handling 

systems. (Subpart AAa) 

 (50) Wool Fiberglass Insulation Manufacturing Plants. Rotary spin wool fiberglass 

manufacturing line. (Subpart PPP) 

 (51) Iron and Steel Plants. Secondary emissions from 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 modification commenced after January 20, 1984. 

(Subpart KKK) 

 (53) On-Shore Natural Gas Processing: SO2 Emissions. Unless exempted, each 

sweetening unit and each sweetening unit followed by a sulfur recovery unit for which 

construction, reconstruction, or modification 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 construction, 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 construction, 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 Vessels. Unless exempted, volatile organic 

liquid storage vessels for which construction, reconstruction, or modification 

commenced after July 23, 1984. (Subpart Kb) 

 (57) Rubber Tire Manufacturing Plants. Unless exempted, each undertread 

cementing operation, each sidewall cementing operation, each tread end cementing 

operation, each bead cementing operation, each green tire spraying operation, each 

Michelin-A operation, each Michelin-B operation, and each Michelin-C automatic 

operation that commences construction or modification after January 20, 1983. 

(Subpart BBB) 

 (58) Industrial Surface Coating: Surface Coating of Plastic Parts for Business 

Machines. Each spray booth in which plastic 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 reconstruction 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 preparation equipment for which construction, 

modification, or reconstruction is commenced after January 22, 1986. (Subpart SSS) 

 (61) Polymeric Coating of Supporting Substrates. Unless exempted, each coating 

operation and any on-site coating mix preparation equipment used to prepare coatings 

for the polymeric coating of supporting substrates for which construction, modification, 

or reconstruction begins after April 30, 1987. (Subpart VVV) 

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

Oxidation Unit Processes. Unless exempted, any air oxidation reactor, air oxidation 

reactor and recovery system or combination 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, modification, or reconstruction commenced after 

October 21, 1983. (Subpart III) 

 (63) VOC Emissions from Synthetic Organic Chemical Manufacturing Industry 

Distillation Operations. Unless exempted, any distillation unit, distillation unit and 

recovery system or combination of two or more distillation units and the common 

recovery system used in the production of any of the chemicals listed in 40 CFR 
Page 48 of 104 Linn County Ordinance # 8-8-2012 

§60.667 for which construction, modification, or reconstruction commenced after 

December 30, 1983. (Subpart NNN) 

 (64) Small Industrial-Commercial-Institutional Steam Generating Units. Each steam 

generating unit for which construction, modification, 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 million BTU per hour. (Subpart 

Dc) 

 (65) VOC Emissions from the Polymer Manufacturing Industry. Each of the following 

process sections in the manufacture of polypropylene and polyethylene - raw materials 

preparation, polymerization reaction, material recovery, product finishing, and product 

storage; each material recovery section of polystyrene manufacturing using a 

continuous process; each polymerization reaction section of poly(ethylene 

terephthalate) manufacturing using 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 terephthalic 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, modification, or reconstruction for polystyrene and 

poly(ethylene terephthalate) affected facilities and some polypropylene and 

polyethylene affected facilities is September 30, 1987. For the other polypropylene and 

polyethylene affected facilities the applicability date for these regulations is January 10, 

1989. (Subpart DDD) 

 (66) Municipal Waste 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 Elevators. A grain terminal elevator or any grain storage elevator except 

as provided under 40 CFR 60.304(b), August 31, 1993. A grain terminal elevator 

means any grain elevator which has a permanent storage capacity of more than 2.5 

million U.S. bushels except those located at animal food manufacturers, pet food 

manufacturers, cereal manufacturers, breweries, 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), rice 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 Plants. Each calciner and dryer 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 affected facility that is part of a process unit 
Page 49 of 104 Linn County Ordinance # 8-8-2012 

that produces any of the chemicals listed in 40 CFR §60.707 as a product, coproduct, 

by-product, or intermediate for which construction, modification, or reconstruction 

commenced after June 29, 1990. Affected facility is each reactor process not 

discharging its vent stream into a recovery system, each combination of a reactor 

process and the recovery system into which its vent stream is discharged, or each 

combination of two or more reactor processes and the common recovery system into 

which their vent streams are 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 accepting 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, modification or reconstruction is commenced after 

September 20, 1994. (Subpart Eb) 

(72) Hospital/medical/infectious waste 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 combustion unit that commenced construction after 

August 30, 1999, or small municipal waste combustion units that commenced 

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

 (74) Commercial and Industrial Solid Waste Incineration. Unless exempted, this 

standard applies to units for which construction is commenced after November 30, 

1999, or for which modification or reconstruction is commenced on or after June 1, 

2001. (Part 60, Subpart CCCC) 

 (75) Other Solid Waste Incineration (OSWI) Units. Unless 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 Internal Combustion Engines. Unless otherwise 

exempted, these standards apply to each stationary compression ignition internal 

combustion engine whose construction, modification 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 internal 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 reconstruction after February 18, 2005. (Part 

60, Subpart KKKK). 

3. Emission Standards for Hazardous Air Pollutants. 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 activities listed below. The corresponding 40 CFR 

Part 61 subpart designation is in parentheses. Reference test methods (Appendix B), 

compliance status information requirements (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 involving asbestos emissions: Asbestos mills, 

surfacing of roadways, manufacturing operations, fabricating, insulating, waste disposal, 

spraying applications and demolition and renovation operations. (Subpart M) 

 b. Beryllium. Any of the following stationary sources: Beryllium extraction plants, 

ceramic plants, foundries, incinerators, and propellant plants which process beryllium 

ore, beryllium oxide, beryllium alloys, or beryllium-containing 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. Rocket motor test sites. (Subpart D) 

 d. Mercury. Any of the following involving mercury emissions: Mercury ore 

processing facilities, mercury cell chlor-alkali plants, sludge incineration plants, sludge 

drying plants, and a combination of sludge incineration plants and sludge drying plants. 

(Subpart E) 

 e. Vinyl Chloride. Ethylene dichloride purification and the oxychlorination reactor in 

ethylene dichloride plants. Vinyl chloride formation and purification in vinyl chloride 

plants. Any of the following involving polyvinyl chloride plants: Reactor; stripper; 

mixing, weighing, and holding containers; monomer recovery system; sources following 

the stripper(s). Any of the following involving ethylene dichloride, vinyl chloride, and 

polyvinyl chloride plants: Relief valve discharge; fugitive emission sources. (Subpart F) 

 f. Equipment Leaks of Benzene (fugitive emission sources). Any pumps, 

compressors, pressure relief devices, sampling connection systems, open-ended valves 
Page 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 Hazardous Air Pollutants (fugitive emissions 

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 volatile hazardous 

air pollutants. (Subpart V) 

 h. Inorganic Arsenic Emissions from Arsenic Trioxide and Metallic Arsenic 

Production Facilities. Each metallic arsenic production plant and each arsenic trioxide 

plant that processes low-grade arsenic bearing materials by a roasting condensation 

process. (Subpart P) 

 i. Inorganic Arsenic Emissions from Glass Manufacturing Plants. Each glass melting 

furnace (except pot furnaces) that uses commercial arsenic as a raw material. (Subpart 

N) 

 j. Inorganic Arsenic Emissions from Primary Copper Smelters. Each copper 

converter at any new or existing primary copper smelter except as noted in 40 CFR 

61.172(a). (Subpart O) 

 k. Benzene Emissions from Coke By-product Recovery Plants. Each of the following 

sources at furnace and foundry coke by-product recovery plants: tar decanters, tar 

storage tanks, tar-intercepting sumps, flushing-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 connection 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 storage tanks at furnace coke 

by-product recovery plants. (Subpart L) 

 l. Benzene Emissions from Benzene Storage Vessels. Unless exempted, each 

storage vessel that is storing benzene having a specific gravity within the range of 

specific gravities specified in ASTM D 836-84 for Industrial Grade 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 from Benzene Transfer Operations. Unless exempted, the 

total of all loading racks which benzene is loaded into tank trucks, rails cars, or marine 

vessels at each benzene production facility and each bulk terminal. (Subpart BB) 
Page 52 of 104 Linn County Ordinance # 8-8-2012 

 n. Benzene Waste Operations. Unless exempted, 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 waste generated by any of these listed facilities. 

(Subpart FF) 

 

4. Emission Standards for Hazardous Air Pollutants for Source Categories. The 

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

CFR Part 63 as amended or corrected through March 3, 2010, as adopted in 567 IAC 

23.1(4), are adopted by reference, except those provisions which cannot be delegated 

to the states. The corresponding 40 CFR Part 63 subpart designation 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 the requirements of Clean Air 

Act Sections 112(g) and 112(j) and does not adopt standards for a specific affected 

facility. Test methods (Appendix A), sources defined for early reduction provisions 

(Appendix B), and determination of the fraction biodegraded (Fbio) in the biological 

treatment unit (Appendix C) of Part 63 also apply to the affected activities 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 this subrule a "major source" means any 

stationary source or group of stationary sources 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 pollutant 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 source" means any stationary source of 

hazardous air pollutants that is not a major 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 subpart or in a relevant standard) as adopted 

by reference below. . 

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

affected activities or facilities except when otherwise specified in a particular subpart or 

in a relevant standard. (40 CFR Part 63, Subpart A) 

b. Requirements for Control Technology 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 through 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 the owner or operator of such major source has 

received all necessary air quality permits for such construction or 
Page 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 requirements of this subparagraph. The owner 

or operator of an affected source shall 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) requirements. The owner or operator 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 Protection Agency has failed to promulgate an emission 

standard within 18 months of the deadline established under 112(d) must 

submit an application for a Title V permit or an application for a significant 

permit modification or for an administrative amendment, whichever is 

applicable. The application must be made in accordance with procedures 

established under Title V, by the section 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 Reductions 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 Organic Hazardous Air Pollutants from the Synthetic 

Chemical Manufacturing Industry. These standards apply to chemical manufacturing 

process units that are part of a major source. 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 Hazardous Air Pollutants from the Synthetic 

Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer 

Operations, and Wastewater. These standards apply to all process vents, storage 

vessels, transfer racks, and wastewater streams within a source subject to Subpart F of 

40 CFR 63. (Part 63, Subpart G) 

h. Emission Standards for Organic Hazardous Air Pollutants for Equipment 

Leaks. These standards apply to emissions of designated organic hazardous air 

pollutants from specified processes 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 operate 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 air 
Page 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 pollutants 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 Negotiated Regulation for Equipment Leaks. These standards 

apply to emissions of designated organic hazardous air pollutants from specified 

processes (defined in 40 CFR 63.190) that are located at a plant site that is a major 

source. Subject equipment includes pumps, compressors, agitators, 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 applicability of Subpart H for 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-product and non-recovery coke oven batteries 

and to new coke oven batteries, or as defined in the subpart. (Part 63, Subpart L) 

m. Perchloroethylene Air Emission Standards for Dry Cleaning Facilities. These 

standards apply to the owner or operator of each dry cleaning facility that uses 

perchloroethylene (also known as perc). New 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 state-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 federal regulations, conduct weekly inspection and 

repair of equipment leaks, and eliminate all use 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 residential buildings are prohibited 

from using transfer machines, and must conduct inspection and repair of equipment 

leaks as specified in the federal regulations. Existing area sources that are not located 

in residential buildings must also conduct the specified leak detection and repair and are 
Page 55 of 104 Linn County Ordinance # 8-8-2012 

prohibited from operating transfer machines after July 27, 2008. (Part 63, Subpart M as 

amended through July 27, 2006, and corrected on September 21, 2006) 

n. Emission Standards for Chromium Emissions from Hard and Decorative 

Chromium Electroplating and Chromium Anodizing Tanks. These standards limit the 

discharge of chromium compound air emissions from existing and new hard chromium 

electroplating, decorative chromium electroplating, 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 Operations. New and existing major source 

ethylene oxide commercial sterilization and fumigation operations are required to control 

emissions to the level of the maximum achievable control technology (MACT). New and 

existing area source ethylene oxide commercial sterilization and fumigation operations 

are required to control emissions to the level achieved by generally available control 

technologies (GACT). Certain sources are exempt as described 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 all new and existing industrial process 

cooling towers that are operated with chromium-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 Air Pollutants for Sources Categories: 

Gasoline Distribution: (Stage 1). These standards 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 sites that are major sources. Bulk gasoline 

terminals and pipeline breakout stations located within a contiguous area or under 

common control with a refinery complying with 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-chemical pulp mills. Affected sources include 

pulp mills and integrated mills (mills that manufacture pulp and paper/paperboard) that 

chemically pulp wood fiber (using kraft, sulfite, soda, or semi-chemical methods); pulp 

secondary fiber; pulp non-wood fiber; and mechanically pulp wood fiber. (Part 63, 

Subpart S) 

t. Emission Standards for Hazardous Air Pollutants: Halogenated Solvent 

Cleaning. These standards require batch vapor solvent cleaning machines and in-line 

solvent cleaning machines to meet emission standards reflecting the application of 

maximum achievable control technology (MACT) for major or area sources; area 

source batch cold cleaning machines are required to achieve generally available control 

technology (GACT). The subpart regulates the emissions of the following halogenated 
Page 56 of 104 Linn County Ordinance # 8-8-2012 

hazardous air pollutant solvents: methylene chloride, perchloroethylene, 

trichloroethylene, 1,1,1-trichloroethane, 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 major 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, halobutyl rubber, epichlorohydrin elastomers, 

ethylene propylene rubber, HypalonTM, neoprene, nitrile butadiene 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 Production. These standards apply to all 

existing, new and reconstructed manufacturers of basic liquid epoxy resins and 

manufacturers of wet strength resins that are located at a plant site that is a major 

source. (Part 63, Subpart W) 

x. National Emission Standards for Hazardous Air Pollutants from Secondary 

Lead Smelting. These standards apply to all existing 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 major or area sources. The provisions apply 

to smelting furnaces, refining kettles, agglomerating furnaces, dryers, process fugitive 

sources, and fugitive dust. Excluded from the rule are primary lead smelters, lead 

refiners, or lead remelters. Hazardous air pollutants regulated under this standard 

include, but are not limited to, lead compounds, arsenic compounds, and 1,3-butadiene. 

(Part 63, Subpart X) 

y. Emission Standards for Marine Tank Vessel Tank Loading Operations. This 

standard requires existing and new major sources 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 processes include, but are not limited to, wet 

process phosphoric acid process lines, superphosphoric acid process lines, phosphate 

rock dryers, phosphate rock calciners, and purified 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 processes 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 triple superphosphate storage buildings. 

(Part 63, Subpart BB) 

cc. National Emission Standards for Hazardous Air Pollutants: Petroleum 

Refineries. These standards apply to petroleum refining process units and colocated 

emissions points at new and existing major sources. Affected sources include process 

vents, equipment leaks, storage vessels, transfer operations, and wastewater streams. 

The standards also apply to marine tank vessel and gasoline loading racks. Excluded 

from the standard are catalyst regeneration from catalytic cracking units and catalytic 

reforming units, and vents from sulfur recovery units. Compliance with the standard 

includes emission control and prevention. (Part 63, Subpart CC) 

dd. Emission Standards for Hazardous Air 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 solvents from off-site locations for storage, 

treatment, recovery, or disposal at the facility. Maximum achievable control technology 

(MACT) is required to reduce HAP emissions from tanks, surface impoundments, 

containers, oil-water separators, individual drain systems and other material 

conveyance systems, process vents, and equipment leaks. Regulated entities include 

but are not limits to businesses that operate any of the following: hazardous waste 

treatment, storage, and disposal facilities; Resource Conservation and Recovery Act 

(RCRA) exempt hazardous wastewater treatment facilities other than publicly owned 

treatment works; used solvent recovery plants; RCRA exempt hazardous waste 

recycling operations; used oil re-refineries. The regulations also apply to federal agency 

facilities that operate any of the waste management or recovery operations. (Part 63, 

Subpart DD) 

ee. Emission Standards for Magnetic Tape 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 Hazardous 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 airplanes, helicopters, missiles, and rockets 

for civil, commercial, or military purposes. Hazardous air pollutants regulated under this 

standard include chromium, cadmium, methylene chloride, toluene, 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 all new and existing major sources of oil and 

natural gas production. Affected sources include, 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 Air Pollutants for Shipbuilding and Ship 

Repair (Surface Coating) Operations. Requires existing and new major sources to 

control hazardous air pollutant (HAP) emissions using the maximum achievable control 

technology (MACT). (Part 63, Subpart II) 

jj. Emission Standards for Hazardous Air Pollutants for Hazardous Air Pollutant 

(HAP) Emissions from Wood Furniture Manufacturing Operations. These standards 

apply to each facility that is engaged, either in part or in whole, in the manufacture of 

wood furniture or wood furniture 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 sources 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 potline, paste production plant, or anode bake 

furnace associated with a primary aluminum reduction plant, and for each new pitch 

storage tank associated with a primary aluminum reduction 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 Air Pollutants for Chemical Recovery 

Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills. 

(Part 63, Subpart MM) 

nn. Reserved 

oo. Emission standards for tanks – level 1. 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 OO) 

pp. Emission Standards for Containers. 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 PP) 

qq. Emission Standards for Surface Impoundments. These provisions apply 

when another paragraph under this rule references the use of this paragraph for such 
Page 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 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 QQ) 

 rr. Emission Standards for Individual Drain Systems. 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 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 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 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 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 reference 

paragraph. (Part 63, Subpart TT) 

uu. Emission Standards for Equipment Leaks – Control Level 2 Standards. 

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 air 

emission control. These air emission standards 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 Separators and Organic-water 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 emissions from storage vessels for which another 

paragraph under this rule references the use 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 this paragraph except as specified in a 

referencing paragraph. (Part 63, Subpart WW) 

xx. Emission Standards for Ethylene Manufacturing Process Units: Heat 

Exchange Systems and Waste Operations. 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 MACT). These standards apply to new and 

existing major sources of acetal resins (AR) production, acrylic and modacrylic fiber 

(AMF) production, hydrogen fluoride (HF) 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 acrylonitrile (AN) units, hydrogen fluoride and 

polycarbonate. (Part 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 Regeneration Plants. Unless exempted, these 

standards apply to all new and existing major sources of hydrochloric acid process steel 

pickling facilities and hydrochloric 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 hydrochloric acid regeneration 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 include, 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, hazardous waste solid fuel boilers, hazardous waste liquid 

fuel boilers, and hazardous waste hydrochloric acid production furnaces, except as 

provided in Subpart EEE. Both area sources and major sources are subject to this 
Page 61 of 104 Linn County Ordinance # 8-8-2012 

subpart as of April 19, 1996, and are subject to the requirement 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 finished dosage forms of drugs, 

for example, tablets, capsules, and solutions, that contain an active ingredient generally, 

but not necessarily, in association with inactive ingredients. Pharmaceuticals include 

components whose intended primary use is to furnish 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 humans or other animals. The 

regulations do not apply to research and development facilities. (Part 63, Subpart 

GGG) 

hhh. Emission Standards for Hazardous Air Pollutants for Natural Gas 

Transmission and Storage. These standards apply to all new and existing major 

sources of natural gas transmission and storage. Natural gas transmission and storage 

facilities are those that transport or store natural gas prior to its entering the pipeline to a 

local distribution company. Affected sources include, but are not limited to, mains, 

valves, meters, boosters, regulators, storage vessels, dehydrators, compressors, and 

delivery systems. (Part 63, Subpart HHH) 

iii. Emission Standards for Hazardous Air 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 polyurethane 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 major sources that emit organic HAP during the 

manufacture of the following polymers and resins: acrylonitrile butadiene styrene resin 

(ABS), styrene acrylonitrile resin (SAN), methyl 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 cement manufacturing unless exempted. Cement kiln dust 

(CKD) storage facilities, including CKD piles and landfills, are excluded from this 

standard. Affected processes include, but are not limited to, all cement kilns and in-line 

kiln/raw mills, unless they burn hazardous 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 herbicides, insecticides and fungicides. Affected processes 

include, but are not limited to, processing 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 systems (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) manufacturing lines that produce bonded building 

insulation, flame attenuation (FA) manufacturing 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 production 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. Affected 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 limited 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 Air 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 (HAPs) 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 Air Pollutants for Ferroalloys Production: 

Ferromanganese and Silicomanganese. These standards apply to all new and existing 

major sources of ferroalloys production of ferromanganese and silicomanganese. 

Affected processes include, but are not limited to, submerged arc 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 Air 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 Plywood and Particle Board Manufacturing). 

These standards apply to new and existing major sources with equipment used to 

manufacture plywood and composite wood products. This equipment includes dryers, 

refiners, blenders, formers, presses, board coolers, and other process units associated 

with the manufacturing process. This also includes coating operations, on-site storage 

and wastewater treatment. However, only certain process units (defined in the federal 

rule) are subject to control or work practice requirements. (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 standards 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 standards establish emission limits and work 

practice standards for new and existing major sources with miscellaneous organic 
Page 64 of 104 Linn County Ordinance # 8-8-2012 

chemical manufacturing process units, wastewater treatment and conveyance systems, 

transfer operations, and associated ancillary equipment. (Part 63, Subpart FFFF) 

gggg. Emission Standards for Hazardous Air Pollutants for Solvent Extraction for 

Vegetable Oil Production. (Part 63, Subpart GGGG) 

hhhh. Emission Standards for Hazardous Air Pollutants for Wet-Formed 

Fiberglass Mat Production. This standard 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 asphalt 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 light-duty truck bodies or body parts for new 

automobiles or new light-duty trucks, and that is a major source, is located at a major 

soruce, or is part of a major source of emissions of hazardous air pollutants. Additional 

applicability criteria and exemptions 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 facility that is engaged in the coating of paper, 

plastic film, metallic foil, and other web surfaces 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 metal 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 exemptions 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 source 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 coating facility that is located at an area 

source is not subject to this standard. Certain 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 source, is located at a major source, or is 

part of a major source of emissions of hazardous air pollutants (HAPs). The large 
Page 65 of 104 Linn County Ordinance # 8-8-2012 

appliances source category includes facilities that apply coatings to large appliance 

parts or products. Large appliances include "white goods" such as ovens, refrigerators, 

freezers, dishwashers, laundry equipment, trash 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, slashing, dyeing, or finishing 

operations, or group of such operations, that are a major source of hazardous air 

pollutants or are part of a facility that is a major source of hazardous air pollutants. 

Coating, printing, slashing, dyeing, or finishing 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 applies 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 automobiles, trucks, recreational vehicles; 

sporting and recreational goods; toys; business machines; laboratory and medical 

equipment; and household and other consumer products. Surface coating is the 

application of coating to a substrate using, for example, spray guns or dip tanks. When 

application of coating to a substrate occurs, then surface coating also includes 

associated activities, such as surface preparation, 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 establish emission limitations, operating 

limits, and work practice requirements for 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 coating facilities 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 QQQQ) 

rrrr. Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal 

Furniture. This standard applies to a metal furniture surface coating facility that is a 

major source, is located at a major source, or is part of a major source of HAP 

emissions. A metal furniture surface coating facility is one that applies coatings to metal 

furniture or components of metal furniture. 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 the 
Page 66 of 104 Linn County Ordinance # 8-8-2012 

process of applying a coating (usually protective or decorative) to one or both sides of a 

continuous strip of sheet metal. Industries using coated metal include: transportation, 

building products, appliances, can manufacturing, and packaging. Other products using 

coated metal coil include measuring tapes, ventilation systems for walls and roofs, 

lighting fixtures, office filing cabinets, cookware, and sign stock material. (Part 63, 

Subpart SSSS) 

tttt. Emission Standards for Hazardous Air Pollutants for Leather Finishing 

Operations. This standard applies 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 used 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 materials, and performance modifiers 

dissolved or suspended in liquid carriers. (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 the miscellaneous viscose processes source 

category and the cellulose ethers production source category. (Part 63, Subpart UUUU) 

vvvv. Emission Standards for Hazardous Air 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 Hazardous Air Pollutants: Rubber Tire 

Manufacturing. This standard applies to a rubber 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 production of rubber tires and/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 turbine 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 hazardous air pollutant 

emissions. (Part 63, Subpart YYYY) 

zzzz. Emission Standards for Hazardous Air Pollutants for Stationary 

Reciprocating Internal Combustion Engines. These standards apply to new and 

existing major sources with stationary reciprocating internal combustion engines (RICE). 
Page 67 of 104 Linn County Ordinance # 8-8-2012 

These standards also apply to new and reconstructed RICE located at area sources. 

For purposes of these standards, stationary RICE means any reciprocating internal 

combustion engine which uses reciprocating 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 hazardous air pollutant emissions from new and 

existing lime manufacturing plants that are major sources, co-located with major 

sources or are part of major sources. Additional applicability criteria and exemptions 

from these standards may apply. (Part 63, Subpart AAAAA) 

bbbbb. Emission Standards for Hazardous Air Pollutants for Semiconductor 

Manufacturing. This standard applies to semiconductor manufacturing facilities that is a 

major source of hazardous air pollutants (HAP) emissions or that is located at, or is part 

of, a major source of HAP emissions. (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 emissions. (Part 63, Subpart 

CCCCC) 

ddddd. Emission standards for Hazardous Air Pollutants for Industrial, 

Commercial, and Institutional Boilers and Process Heaters. These standards apply to 

new and existing major sources with industrial, commercial or institutional boilers and 

process heaters. . (Part 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 States Court of Appeals for the District 

of Columbia Circuit issued its mandate vacating 40 CFR 63, Subpart DDDDD, in 

its entirety, and requiring 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 steel foundry that is 

a major source of hazardous air pollutant emissions. 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 December 23, 2002. (Part 63, Subpart EEEEE) 

fffff. Emission Standards for Hazardous Air Pollutants for Integrated Iron and 

Steel Manufacturing. These standards apply to affected sources 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 are 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 Air Pollutants: Site Remediation. 

These standards apply to new and existing major sources with certain types of site 

remediation activity on the source’s property or on a contiguous property. These 

standards control hazardous air pollutant (HAP) emissions at major sources where 

remediation technologies and practices are used 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 reasonable potential threat to contaminate 

environmental media. 

Some site remediations already regulated 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 Subpart GGGGG. There are also exemptions for short-term 

remediation and for certain leaking underground storage tanks, as specified in Subpart 

GGGGG. (Part 63, Subpart GGGGG) 

hhhhh. Emission Standards for Hazardous Air Pollutants for Miscellaneous 

Coating Manufacturing. These standards establish emission limits and work practice 

requirements for new and existing miscellaneous coating manufacturing operations, 

including but not limited to, process vessels, storage tanks, wastewater, transfer 

operations, equipment leaks, and heat exchange systems. (Part 63, Subpart HHHHH) 

iiiii. Emission Standards for Mercury Emissions from Mercury Cell Chlor-Alkali 

Plants. These standards apply to the chlorine production source category. This source 

category contains the mercury cell chlor-alkali 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 chlor-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 States 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-promulgate final standards for brick and 

structural clay products manufacturing at new and existing major sources. 

kkkkk. Emission Standards for Hazardous Air Pollutants for Clay Ceramics 

Manufacturing. These standards apply to clay ceramics manufacturing facilities that 

are, are located at, or are part of, a major source of hazardous air pollutant emissions. 

The clay ceramics manufacturing source category 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 facility that is a major source of hazardous 
Page 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 Hazardous Air Pollutants: Flexible 

Polyurethane Foam Fabrication Operations. This standard applies to a new or existing 

source at a flexible polyurethane foam fabrication facility. The standard defines two 

affected sources (units or collections of units to which a given standard 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. (Part 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 mobile 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 manufacturing facilities produce friction materials 

for use in brake and clutch assemblies. (Part 63, Subpart QQQQQ) 

rrrrr. Emission Standards for Hazardous Air Pollutants: Taconite Ore 

Processing. This standard applies 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 refractory 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 source of hazardous air pollutant (HAP) emissions. (Part 63, 

Subpart TTTTT) 

uuuuu – vvvvv. Reserved 
Page 70 of 104 Linn County Ordinance # 8-8-2012 

wwwww. Emission Standards for Hazardous Air Pollutants for Hospital Ethylene 

Oxide Sterilizer Area Sources. This standard applies to a hospital that is an area 

source for hazardous air pollutant emissions 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 applies 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 Hazardous Air Pollutants for Gasoline 

Distribution Area Sources: Bulk Terminals, Bulk Plants and Pipeline Facilities. This 

standard applies to new and existing bulk gasoline 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 sources for hazardous air pollutant emissions. 

The affected equipment includes each gasoline cargo 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 Coating Operations. This standard applies 

to new or existing area sources of hazardous air pollutants emissions that engage in 

any of the following activities: 1. Paint stripping 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 compounds of chromium (Cr), lead (Pb), 

manganese (Mn), nickel (Ni) or cadmium (Cd). (Part 63, Subpart HHHHHH) 

iiiiii – kkkkkk. Reserved 

llllll. Emissions Standard for Hazardous Air Pollutants for Acrylic and Modacrylic 

Fibers Production Area Sources. This standard applies to acrylic or a modacrylic fibers 

production plants that are 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. This standard applies to carbon black production plants that 

are area sources for hazardous air pollutants. (Part 63, Subpart MMMMMM) 

nnnnnn. Emission Standards for Hazardous Air Pollutants for Chemical 

Manufacturing Chromium Compounds Area Sources. 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 and Fabrication Area Sources. This standard applies to 

plants that produce flexible polyurethane foam or rebond foam, and plants 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 reconstruction 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 for hazardous air pollutants. Affected sources include all 

grid casting facilities, paste mixing facilities, three-process operation facilities, lead 

oxide manufacturing facilities, lead reclamation 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 affected 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 wood preserving operations 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 

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 atomized glaze spray booth or kiln that fires 

glazed ceramic ware, that processes more than 50 tons per year of wet clay, and that is 

an area source for hazardous air pollutant 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 pollutant emissions and meets the following 

criteria: (1) manufactures flat glass, glass containers or pressed and blown glass by 

melting a mixture of raw materials to produce 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 tons per year and that contains compounds of 
Page 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 processing facility. (Part 63, Subpart TTTTTT) 

uuuuuu. Reserved 

vvvvvv. Emission standards for hazardous air pollutants for area sources: 

chemical manufacturing. This standard applies to chemical manufacturing at new and 

existing facilities that are area sources for hazardous 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 applies to new and existing facilities in which 

the primary activity or activities at the facility is metal fabrication and finishing and that 

are area sources for hazardous air pollutant 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 standard applies to paint and allied products 

manufacturing at new and existing facilities that are area sources for hazardous air 

pollutant emissions. (Part 63, Subpart CCCCCCC) 

ddddddd. Emission standards for hazardous air pollutants for area sources: 

prepared feeds manufacturing. This standard 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 existing facilities that are area sources 

for hazardous air pollutant emissions. (Part 63, Subpart DDDDDDD) 

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

regulations as adopted by the Iowa Department of Natural Resources and promulgated 

as 567 Iowa Administrative Code, Chapter 23.1(5), are hereby specifically incorporated 

by reference and adopted as part of this ordinance. 
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 actual physical stack height for any source. 

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

"dispersion technique," "nearby" and "excessive concentration" as set forth in 40 CFR 

§§ 51.100(ff) through (hh), (jj) and (kk) as amended through June 14, 1996, are adopted 

by reference. 

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

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

stack; or 

(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, 

Hg = 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, 

Hg = H + 1.5L 

where: 

 Hg = good engineering practice stack height, measured from the ground level 

elevation at the base of the stack, 

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

base of the stack, 

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

the Department may require the use of a field study or fluid model to verify GEP 

stack height for the source; or 

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

Department, which ensures that the emissions from a stack do not result in 

excessive concentrations of any air pollutant as a result of atmospheric downwash, 

wakes, or eddy effects created by the source itself, nearby structures or nearby 

terrain features. Public notification of the availability of such study and opportunity 

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

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

this chapter shall not be affected in any manner by: 

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

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

or ambient concentrations of the pollutants; or 

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

parameters, exhaust gas parameters, stack parameters, or combined exhaust gases 

from several existing stacks into one stack; or other selective handling of exhaust 

gas streams so as to increase gas plume rise. 

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

10.10 Open Burning 

A. No person shall allow, cause or permit 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 may be allowed provided a valid open burning 

permit is obtained. 

a. Dangerous Materials. Fires for the disposal of dangerous materials or for the 

prevention of a fire hazard when other alternative 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 according to the National Fire Protection 

Association 1403 Standard on Live Fire Training Evolutions (2002 Edition), or a 

comparable training fire standard. A training fire may be conducted, provided 

that all of the following conditions are met: 

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

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

building. 

3. If the training fire is to be conducted on a building, written notification must be 

provided to the Director and the Department on IDNR Form 542-8010, 

"Notification of an Iowa Training Fire-Demolition or a Controlled Burn of a 

Demolished Building," and must be postmarked or delivered to the Director at 

least ten working days before such action commences. 

4. Notification shall be made in accordance with 40 CFR Section 61.145 as 

amended through January 16, 1991, which is the "Standard for Demolition 

and Renovation" of the asbestos National Emission Standard for Hazardous 

Air Pollutants. 

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

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

Director contains testing results indicating that none of the layers of asphalt 

shingles contain asbestos. During each calendar year, each fire department 

may conduct no more than two training fires on buildings where asphalt 

shingles have not been removed, provided that for each of those training fires 

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

contain asbestos. 

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

for inclusion in training fires. 

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

Air Pollution Control Officer reserves the authority to inspect the proposed 

burning premises to verify compliance with the above listed requirements 

before issuing the open burning permit. The Air Pollution Control Officer may 

deny any training fire request based on factors such as public health, air 

quality in the vicinity and effects to the local environment or where evidence 

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

Ambient Air Quality Standards. 

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

that the open burning occurs on the premises, and for agricultural structures 
Page 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 the building to the Department prior to the 

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

shall be inspected for suspect asbestos content by a state certified asbestos 

inspector. All asbestos-containing material shall be removed prior to burning. 

Burning shall be conducted only when weather conditions are favorable with 

respect to surrounding property. Tires shall not be used to ignite agricultural 

structures. The asbestos National Emission Standard for Hazardous Air 

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

burning of agricultural structures to be conducted in accordance with 40 CFR 

Section 61.145, "Standard for Demolition and Renovation." 

For the purposes of this subrule, "agricultural structures" means barns, machine 

sheds, storage cribs, animal confinement buildings, and homes located on the 

premises and used in conjunction with crop production, livestock or poultry 

raising and feeding operations. "Agricultural structures," for asbestos NESHAP 

purposes, includes all of the above, with the exception of a single residential 

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

used only for residential purposes. 

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 flaring of waste gases, providing such open 

burning or flaring is conducted in compliance with §10.7 of this ordinance. 

f. Landscape Wastes. Fires 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 waste 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 when weather conditions are favorable 

with respect to surrounding property. Rubber tires shall not be used to ignite 

landscape waste. The open burning of landscape waste is limited to the property 

where such waste is generated. 

g. Ceremonial Burning. Fires for ceremonial/recreational purposes such as 

American Legion flag burning, pep rallies, religious 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 burning of trees and tree trimmings not 

originated on the premises provided that the burning site is operated by a local 
Page 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 basis and is supervised at all times, 

burning is conducted only when weather conditions are favorable with respect to 

surrounding property, and the burning site is limited to areas at least one-quarter 

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

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

governmental entity prior to the first instance of open burning at the site. The 

written waiver shall become effective only upon recording in the office of the 

recorder of deeds of the county in which the inhabited building is located. When 

the open burning of trees and tree trimmings causes air pollution as defined in 

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

secure relocation of the burning operation. Rubber tires shall not be used to 

ignite trees and tree trimmings. 

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

management may be allowed on a case by case basis, through the issuing of an 

open burning permit, provided the Air Pollution Control Officer has determined 

that the burning will not adversely affect the air quality or will not violate any 

sections of this Ordinance and is reasonable and practical as compared to other 

alternatives available. 

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

Officer. 

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

manner and form prescribed by the Air Pollution Control Officer. 

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

Officer and be established by resolution of the Linn County Board of Supervisors, 

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

pay such fee. 

Open Burning Permits are valid provided 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 during 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 reasonable manner so as not to endanger life 

or property; 

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

person shall have the burning permit in their possession at the time of burning; 
Page 77 of 104 Linn County Ordinance # 8-8-2012 

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

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

issued Open Burning Permit; who has been previously cited for any violation of 

this Ordinance and has failed to pay in full all fines, court costs and restitution 

entered as a judgment against them or who is not current with any Court ordered 

payment plan for such fines, court costs and restitution. This provision does not 

limit the Air Pollution Control Officer's power to otherwise collect unpaid fees, 

fines, court costs and restitution. 

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

open burning permit. 

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

These fires must be no larger than three feet in diameter and must burn charcoal or 

untreated wood. Wood must also be free of all leaves, needles or other vegetative 

matter. These fires must comply with §10.7. 

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

association with camping out, cooking, or similar related recreational activities provided 

that these fires comply with all other sections of this Ordinance and are no larger than 

three feet in diameter. 

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

asphalt compounds or garbage at dwellings of four family units or less, in which fires are 

maintained by the occupant of the dwelling and the burning is conducted in an approved 

container. An approved container shall be any container which has a capacity that does 

not exceed 55 gallons in volume and has a one inch spaced wire or other suitable spark 

arresting device for the control of wind blown materials. 

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

dwellings of more than four family units. 

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

resulting from farming activities occurring on the premises. Such open burning shall be 

limited to areas located at least 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 amount of paper seed bags that can be disposed of by open 

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

However, when the burning of paper seed bags causes a nuisance, the Air Pollution 

Control Officer may take action to secure relocation of the 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 Training Evolutions (2002 Edition), or a 

comparable training fire standard. A training fire may be conducted, provided that all of 

the following conditions are met: 
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 shall be limited to diesel fuel, gasoline, or a 

combination of both. 

4. Variance from rules. Any person wishing 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 variance from the open burning rules to submit 

adequate documentation to allow the Air Pollution Control Officer to assess whether 

granting the variance will hinder 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 person shall allow, cause or permit the 

open burning of residential waste, including landscape waste and leaves, within the 

city limits of Cedar Rapids, Hiawatha or Marion, Iowa. 

1. Notwithstanding §10.10(A)(1)(f), and §10.10(A)(3)(c) of this ordinance, 

no person shall allow, cause or permit the open burning of residential 

waste, including landscape waste and leaves, within one half mile of 

Cedar Rapids, Hiawatha or Marion, Iowa which is classified as Urban 

Services Residential (USR) district in accordance with the Unified 

Development Code or otherwise incorporated. The effective date of 

this rule is January 1, 2009.

 

C. Any fire in violation of this Ordinance may be ordered extinguished by any agency 

designated by the Air Pollution Control Officer. This provision shall not limit the Air 

Pollution Control Officer from seeking penalties provided for in this Ordinance. 

10.11 Emissions of Objectionable Odors 

1. No person shall cause or permit the emission of any objectionable odorous matter 

into the ambient air. 

2. Upon receipt of a legally petitioned complaint concerning odor, the Air Pollution 

Control Officer shall make an investigation as set forth in §10.11(3) below. 

3. An objectionable odor will be deemed to be objectionable 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 the complaint valid when odor is detectable: 

 

 a. On or adjacent to residential, recreational, 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; and 
Page 79 of 104 Linn County Ordinance # 8-8-2012 

 c. On or adjacent to premises other than those herein 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 source or at or near a location of human 

habitation. For field measurements, dilution methods for determining odor 

concentrations shall be in accordance with test procedures employed in the use of the 

Barnebey-Cheney Scentometer Model 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 elimination of said objectionable odor in accordance with 

the installation, permitting, and variance procedures set forth in this Ordinance. 

10.12 Sulfur Compounds 

The provisions of this section shall apply to any installation from which sulfur 

compounds are emitted into the atmosphere. 

1. Sulfur Dioxide from Use of Fuels. 

a. No person shall allow, cause, or permit the emission of sulfur dioxide into the 

atmosphere in an amount greater than 5 pounds of sulfur dioxide, maximum 2 

hour average, per million British Thermal Units of heat input from any solid 

fuel-burning installation for any combination of fuels burned. 

b. No person shall allow, cause, 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 British Thermal Units of heat input from any liquid 

fuel-burning installation. 

c. No person shall allow, cause, or permit the combustion of number 1 or number 

2 fuel oil exceeding a sulfur content of 0.5 percent by weight. 

2. Other Processes Capable of Emitting Sulfur Dioxide. No person shall allow, cause, 

or permit the emission of sulfur 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 Performance 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, cause, or permit any 

materials to be handled, transported, or stored; 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 generated by ordinary travel on unpaved public 
Page 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 becoming airborne. All persons, with the above 

exceptions, shall take reasonable precautions to prevent the discharge of visible 

emissions of fugitive dusts beyond the lot line of the property on which the emissions 

originate. Reasonable precautions 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 structures, 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 stockpiles, 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, grain, 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 earth or other material from paved streets on to which 

earth or other material has been transported by trucking or earth-moving equipment, 

erosion by water, or other means. 

6. Reducing the speed of vehicles traveling 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 separate 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 startup, shutdown, or cleaning of control 

equipment. Excess emission during a period of startup, shutdown, or cleaning of 

control equipment is not a violation of the emission standard if the startup, shutdown or 

cleaning is accomplished expeditiously and in a manner consistent with good practice 

for minimizing emissions. Cleaning of control equipment which does not require the 

shutdown of the process equipment shall be limited to a period or periods aggregating 

not more than six minutes in any one hour period. 

b. Initial Reports of Excess Emissions. An incident of excess emission (other than an 

incident of excess emission during startup, shutdown or cleaning) shall be reported to 

the Air Pollution Control Officer within eight hours of, or at the start of the first working 

day following the onset of the incident. The 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 minutes and does not exceed the applicable 

visible emission standard by more than ten percent opacity. 

 The initial report shall be made by electronic mail (e-mail), in person, or by telephone 

and shall include as a minimum the following: 

(1) The identity of the equipment or source operation from which the excess 

emission originated and the associated 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 Pollution Control Officer as a follow-up to all 

required initial reports, within seven days of the onset of the incident and shall include 

as a minimum the following: 

(1) The identity of the equipment source operation from which the excess 

emission originated and the associated 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 remedy and to prevent the recurrence of the 

incident of excess emission; 

(6) The steps that were taken to limit the excess emission; 

(7) If the owner claims that the excess emission was due to a malfunction, 

documentation to support this claim. 

d. Excess Emissions. An incident of excess emission, other than an incident during 

startup, shutdown, or cleaning of control equipment, shall be considered a violation of 

this ordinance. 

 If the owner or operator of a source maintains that the incident of excess emission 

was due to a malfunction, the owner or operator must show that the conditions which 

caused the incident of excess emission were not preventable by reasonable 

maintenance and control measures. Determination of any subsequent enforcement 

action will be made following a review of this report. If excess emissions are occurring, 

either the control equipment causing the excess emission shall be repaired in an 

expeditious manner or the process generating the excess emission shall be shut down 

within a reasonable period of time. An expeditious manner is the time necessary to 

determine the cause of the excess emissions 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 circumstances and making 

any on-site inspections as necessary. 

 In the case of an electric utility, a reasonable period of time is eight hours plus the 

period of time until comparable generating capacity is available to meet consumer 

demand with the affected unit out of service, unless the Air Pollution Control Officer 

shall, upon investigation, reasonably 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. Notwithstanding §10.14(1)(a) to §10.14(1)(d), 

a fossil fuel-fired steam generator to which §10.9(2)(a)(1), §10.9(2)(a)(26), or 

§10.9(2)(a)(55) applies shall comply with §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 practice for minimizing emissions. 

(2) Remedy any cause of excess emission in an expeditious manner. 

(3) Minimize the amount and duration of any excess emission to the maximum 

extent possible during periods of such 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 Control Officer, a continued 

pattern of excess emissions indicative of inadequate operation and maintenance is 

occurring. The maintenance plan shall include, but not be limited to, the following: 

(1) A complete preventive maintenance schedule, including identification of the 

persons responsible for inspecting, maintaining and repairing control 

equipment, a description of items or conditions that will be inspected, the 

frequency of these inspections or repairs, and an identification of the 

replacement parts which will be maintained in inventory for quick 

replacement; 

(2) An identification of the equipment and air pollution control equipment 

operating variables that will be monitored in order to detect a malfunction or 

failure, the normal operating range of these variables, and a description of the 

method of monitoring and surveillance procedures; 

(3) A contingency plan for minimizing the amount and duration of any excess 

emissions to the maximum extent possible 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 number of the person submitting the 

application or, if such person is a legal entity, the name and address of the 
Page 84 of 104 Linn County Ordinance # 8-8-2012 

individual authorized to accept service of process on its behalf and the name 

of the person in charge of the premises 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 chemical 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 considering that compliance with the provisions 

specified in this Ordinance will produce 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 official as defined in §10.2 of truth and 

accuracy. This certification shall state that, based on information and belief 

formed after reasonable inquiry, the statements and information provided are 

true and accurate. 

b. Variance extension. The request for extension of a variance shall be 

accompanied by one of the following applicable items: 

(1) A program to meet the emission limitations as specified 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 investigation of the facilities shall be made 

by the Air Pollution Control Officer for evaluation of whether or not the 

emissions involved will produce the following effects: 

(1) Endanger human health. Endanger or tend to endanger the health of persons 

residing in or otherwise occupying the area affected by said emissions. 

(2) Create safety hazards. Create or tend to create safety 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 that 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 compromise the attainment of 

any National Ambient Air Quality Standards for any regulated pollutant. 

d. Trial burns for alternative fuels. An alternative fuel shall be defined as a fuel 

for which the emissions from combusting 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 testing an alternative fuel and quantifying 

the emissions from the alternative fuel, except as prohibited under section 

10.15(e)"3". 

(2) Baseline testing. In addition to submitting the information 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 investigation, 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 concludes that the action is appropriate. 

The variance may be granted subject to conditions specified by the Air 

Pollution Control Officer. The Air Pollution 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 emission reduction program submitted to the Air 

Pollution Control Officer pursuant to these rules shall include a schedule for the 

installation of pollution control devices or the replacement or alteration of specified 

facilities in such a way that emissions of air contaminants are reduced to comply with 

the emission standard specified in this ordinance. The schedule must include, as a 

minimum, the following five increments of progress: 

(1) The date of submittal of the final control plan to the Department; 

(2) The date by which contracts will be awarded for emission control systems or 

process modification or the date by which orders will be issued for the 

purchase of component parts to accomplish 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 construction or installation of emission control 

equipment or process modification is to be completed. 

(5) The date by which final compliance is to be achieved. 

b. Action. The Air Pollution Control Officer 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 period 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 progress toward the elimination or 

prevention of air pollution. The Air Pollution Control Officer may specify under 

what conditions and to what extent the 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 notification 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 reduction program may result in the 

disapproval by the Air Pollution Control Officer and termination of the 

associated variance. 

c. Reports. Each person responsible for 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 Officer shall make periodic reports to the 
Page 87 of 104 Linn County Ordinance # 8-8-2012 

Board of Health on emission reduction programs submitted, and on the 

recommendations related to such programs. 

3. Temporary Electricity Generation 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 electricity generation in the event of a sudden 

and unforeseen disaster that has disabled standard transmission of electricity to the 

public. Department approval shall be required if the electric 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 Control 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 generator at each site. A written report 

shall be submitted to the department within 30 calendar days following the cessation 

of use of the generators. The 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 type of the generators, and the duration of 

use of each generator. For purposes of this rule, the definition of "disaster" shall be 

defined in Iowa Code section 29C.2(1), and a disaster may occur 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 shall 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 emission unless it shall result in a reduction in the total 

release of contaminants to the atmosphere and which alone or in conjunction with other 

such equipment will bring compliance with the permissible standards set up in this or 

other applicable ordinances. 

1. Evidence used in establishing that a violation 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 the following methods is presumptively 

credible evidence of whether a violation has occurred at a source: 

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

operating permit pursuant to section 10.5; 

(2) Compliance test methods specified in section 10.17; or 

(3) Testing or monitoring methods approved 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, monitoring, or information-gathering methods: 

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

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

information comparable to that produced by any rule in subrule 10.16(1)"a" of this 

subrule. 

10.17 Testing and Sampling of New and Existing Equipment 

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

owner or operator of any coal-fired or coal-gas-fired steam generating unit with a rated 

capacity of greater than 250 million BTUs per hour heat input shall install, calibrate, 

maintain and operate continuous monitoring equipment to monitor opacity. If an 

exhaust services more than one steam generating unit as defined in the preceding 

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

unit or on the common stack. Such monitoring equipment shall conform to performance 

specifications specified in §10.17(9). The Air Pollution Control Officer may require the 

owner or operator of any coal-fired or coal-gas-fired steam generating unit to install, 

calibrate, maintain and operate continuous monitoring equipment to monitor opacity 

whenever the compliance status, history of operations, ambient air quality in the vicinity 

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

monitoring. 

2. Reserved 

3. Reserved 

4. Continuous Monitoring of Sulfur 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 acid, shall install, calibrate, maintain 

and operate continuous monitoring equipment to monitor sulfur dioxide emissions. Said 

monitoring equipment shall conform to the minimum performance specifications 

specified in §10.17(9). 

5. Maintenance of Records of Continuous Monitors. 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 each 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 adjusted factors used to convert emissions from units of 

measurement to units of applicable standard, performance evaluations, calibrations and 

zero checks, and records of all malfunctions of monitoring equipment or source and 

repair procedures performed. 

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

source affected by §§10.17(1) and 10.17(4) shall report to the Air Pollution Control 
Page 89 of 104 Linn County Ordinance # 8-8-2012 

Officer on a quarterly basis all periods of recorded 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 apparent 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 reporting requirements. 

7. Tests by Owner. The owner of new or existing equipment or the owner’s authorized 

agent shall conduct emissions tests to determine compliance with applicable rules in 

accordance with these requirements. 

 

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

shall notify the Air Pollution Control Officer in writing not less than 15 days before a 

required test or before a performance evaluation of a required continuous emission 

monitor to determine compliance with applicable requirements of §10.9 or a permit 

condition. Such notice shall include the time, the place, the name of the person who 

will conduct the tests and other information as required by the Department. If the owner 

or operator does not provide timely notice to the Department, the Department shall not 

consider the test results or performance evaluation results to be a valid demonstration 

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

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

compliance demonstration. A testing protocol shall be submitted to the Department no 

later than 15 days prior to conducting the compliance demonstration. A representative 

of the Linn County Public Health Department shall be permitted to witness the tests. 

Results of the tests shall be submitted in writing to the Air Pollution Control Officer. 

With the exception of specific requirements 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 equipment shall be tested by the owner 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 maximum production but no later than 180 days 

of startup, unless a shorter time frame is specified in the permit. 

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

or the operator’s authorized agent to conduct an emission test on any equipment if the 

Air Pollution Control Officer has reason to believe that the equipment does not comply 

with the applicable requirements. Grounds for requiring such a demonstration for 

compliance include a modification of control or process equipment, age of equipment, or 

observation of opacities or other parameters outside the range of those indicative of 

properly maintained and operated equipment. Testing may be required as necessary to 

determine actual emissions from a source where that source is believed to have a 

significant impact on the public health or ambient air quality of an area. The Air 

Pollution Control Officer shall provide the owner or agent not less than 30 days to 
Page 90 of 104 Linn County Ordinance # 8-8-2012 

perform the compliance demonstration and shall provide written notice of the 

requirement. 

8. Tests by Department. Representatives of the Department may conduct separate 

and additional air contaminant emission tests and continuous monitor performance tests 

of an installation on behalf of the county and at the expense of county. Sampling holes, 

safe scaffolding and pertinent allied facilities, but not instruments or sensing devices, as 

needed, shall be requested in writing by the Air Pollution Control Officer and shall be 

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

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

points of testing so that sampling instruments can be operated as required. Analytical 

results shall be furnished to the owner. 

9. Methods and Procedures. Stack sampling and associated analytical methods used 

to evaluate compliance with emission limitations of 10.8, 10.9, 10.12 or a permit 

condition are those specified in the "Compliance 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 assurance procedures for performance evaluations of 

continuous monitor systems are those found in Appendices A (as amended through 

September 28, 2007), B (as amended through 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 (as amended through May 18, 2005), F (as 

amended through February 13, 2008) and K (as amended through January 24, 2008) of 

40 CFR Part 75, as adopted in 567 IAC Chapter 25. Testing of sources which apply 

under New Source Performance Standards shall use Reference Test Methods 

(Appendix A), performance specifications (Appendix B), determination of emission rate 

change (Appendix C), and the general provisions (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 existence of these conditions can be requested. 

a. An affected source is subject to a new source performance standard 

promulgated in 40 CFR Part 60 as amended through September 28, 2007, as adopted 

in 567 IAC Chapter 25. 

b. An affected steam generator had an annual capacity factor for calendar year 

1974, as reported to the Federal Power Commission, 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 during any period of monitoring system 

malfunction, provided that the source owner or operator shows, to the satisfaction of the 
Page 91 of 104 Linn County Ordinance # 8-8-2012 

Air Pollution Control officer, that the malfunction was unavoidable 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 extension of time provided for installation of the required 

monitor by demonstrating to the Air Pollution Control Officer that good faith efforts have 

been made to obtain and install the monitor in the prescribed time. 

12. Continuous monitoring of sulfur dioxide from emission points involved in an 

alternative emission control program. The owner 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 consistent with EPA reference methods (40 CFR 

60, Appendix B, as amended through December 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 Monitoring Under the Acid Rain Program 

The continuous emission monitoring 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 the analysis and preparing the 

necessary reports shall be charged against the 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 Pollution 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 treatment 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 resolution of the Linn County Board of Health. 

10.21 Prevention of Air Pollution Emergency Episodes 

1. Episode Criteria. 

a. Evaluation. Conditions justifying the proclamation of an air pollution alert, air 

pollution warning, or air pollution emergency shall be deemed to exist whenever the 

Air Pollution Control Officer determines that the meteorological conditions are such 

that the accumulation of air contaminants in any place is reaching, or has reached, 

levels which could, if sustained or exceeded, lead to a substantial threat to the 

health of the public. 

(1) Air Pollution Forecast. Initial consideration of air pollution episode activities will 

be activated by receipt from the National Weather Service of an Air Stagnation 

Advisory indicating that meteorological conditions conducive to an air pollution 

episode may be imminent, along with prediction of the duration and termination 

of such conditions. Receipt of such an advisory shall be the basis for activities 

such as, but not limited to, increased monitoring of air contaminants in the area 

involved. 

b. Declaration. In making determinations for the declaration of an air pollution episode 

condition, the Air Pollution Control Officer will be guided by the criteria stated in the 

following paragraphs. 

(1) Air Pollution Alert. An alert will be declared 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 expected to remain at those levels for 

twelve (12) or more hours, or increase, unless control actions are taken: 

(A) Sulfur Dioxide: 800 micrograms per cubic meter (0.3 ppm), 24 hour average; 

(B) Fine Particulate Matter: 350micrograms per cubic meter, 24 hour average; 

(C) Sulfur Dioxide and Particulate Matter Combined: Product of micrograms sulfur 

dioxide per cubic meter (24 hour average) 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 meter (0.15 ppm), 24 hour average. 
Page 93 of 104 Linn County Ordinance # 8-8-2012 

(2) Air Pollution Warning. A warning will be declared when any one of the following 

levels is reached at any monitoring site and when meteorological 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 meter (0.6 ppm), 24 hour 

average; 

(B) Fine Particulate Matter: 420 micrograms per cubic meter, 24 hour average; 

(C) Sulfur Dioxide and Particulate Matter 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 emergency 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 meter (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 average) 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 micrograms 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 declared, any status reached by application of these criteria 

will remain in effect until the criteria for that level are no longer met. As 
Page 94 of 104 Linn County Ordinance # 8-8-2012 

meteorological factors and air contaminants change, an appropriate change in 

episode level will be declared. 

2. Preplanned Abatement Strategies. 

a. Planned Strategies. Standby plans shall be designed to reduce or eliminate 

emissions of air contaminants in accordance with the objectives set forth in Tables 

III-V, which are made a part of this section. 

1) Plan Preparation. Any person responsible for the operation of a source of air 

contaminants as set forth in Tables III-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 operation of a source of air contaminants not 

set forth under this paragraph shall, when requested by the Air Pollution 

Control Officer in writing, prepare standby plans for reducing the emission of 

such air contaminant or contaminants during periods of an air pollution 

episode, as specified in this section. 

2) Plan Content. Standby plans as required under this section shall be in writing. 

Each standby plan shall identify the sources 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 required by this section shall be submitted to 

the Air Pollution Control Officer. Each standby plan shall be subject to review. If, 

in the opinion of the Air Pollution Control Officer, a standby plan does not provide 

for adequate reduction of emissions, the Air Pollution Control Officer may 

disapprove such plan, state the reasons for disapproval, and order the 

preparation of an amended standby plan within a time period specified in the 

order. 

4) Availability. During a declared air pollution episode, standby plans as required by 

this section shall be made available on the 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 follow 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 pollution 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 herein, shall take all air pollution alert 

actions as required for such sources 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 specific sources set forth in Table IV 

herein, shall put into effect the preplanned abatement strategy for an air 

pollution warning. 

(3) Air Pollution Emergency. When an air pollution emergency has been 

declared, all persons in the area involved 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 for such sources of air contaminants, 

and persons responsible for the operation 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 Pollution Control Officer determines that a 

specific episode level has been reached at one or more monitoring sites 

solely because of emissions from a limited number of sources, he shall notify 

the persons responsible for such sources that the preplanned abatement 

strategy of Tables III, IV, and V, or the standby plans, are required insofar as 

they apply to such sources, and such actions shall be put into effect until 

notified that the criteria 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 requires 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 should 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 electric 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 industries of the following 

classification: 

Primary Metals Industries 

Petroleum Refining Operations 

Chemical Industries 

Mineral Processing Industries 

Paper and Allied Products 

Grain Industry 

a. Substantial reduction of air contaminants 

from manufacturing operations 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 

General 
Page 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 requires 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 actions for this warning level. 

Source of Air Pollution Control Action

1. Coal or oil-fired electric 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 following 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 turbulence 
Page 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 following 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 industrial, commercial, institutional or 

professional users or to other wholesalers or those acting as agents in buying 
Page 99 of 104 Linn County Ordinance # 8-8-2012 

merchandise for or selling merchandise to such persons or companies, 

except those engaged in the distribution of drugs, surgical supplies and food. 

e. All offices of local, county, and state 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, joint meetings, and other public bodies to be vital for 

public safety and welfare and the enforcement of the provisions 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, offices of insurance carriers, agents and 

brokers, and real estate offices. 

h. Wholesale and retail laundries, laundry services and cleaning and dyeing 

establishments, photographic studios, beauty shops, barber shops, shoe 

repair shops. 

i. Advertising offices, consumer credit reporting, adjustment and collection 

agencies, duplicating, addressing, blueprinting, 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, colleges, universities, professional 

schools, junior colleges, vocational schools, and public and private libraries. 

4. All commercial and manufacturing establishments 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 actions 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 electric 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 industries 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, after presentation of credentials, is hereby 

empowered to enter the premises of any dwelling, industry, or other public or private 

place now or hereafter established or located within Linn County, Iowa, for the purpose 

of determining whether or not said premises are operating in violation of this Ordinance. 

Specific powers and duties of the Air Pollution Control Officer related 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 violating any provisions of this Ordinance; 

institute necessary legal proceedings to prosecute violations of this Ordinance; 

issue citations to persons committing county infractions and compel the 

prevention and abatement of air pollution or nuisance arising therefrom. 

3. Approve or disapprove, in accordance with the requirements of this Ordinance, 

plans for fuel-burning and air pollution control equipment. 

4. Make or supervise inspections and tests of existing and newly installed, 

constructed, reconstructed or altered fuel-burning or refuse-burning equipment 

and process control equipment to determine 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 approval or disapproval proposals for Ordinances and 

additions or revisions to this Ordinance or any ordinance pertaining to air 

pollution control. 

6. Review those matters related to air pollution referred by other county, state, or 

federal agencies and make recommendations. 

7. Submit monthly reports concerning permits 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 necessary 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 certified mail to show cause before the Linn County Board of 

Health within thirty (30) days why the offending 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 Board of Health shall then 

determine whether or not to direct the Air Pollution 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 representative unless authorized in writing by 

the Air Pollution Control Officer 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 requirements of this ordinance is subject to the following 

penalties: 

1. A violation of any provision of this ordinance or any code, rules, or regulations 

adopted herein by reference shall constitute 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: according 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 Section 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 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 Section 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 commercially generated waste 

including, but not limited to, burning to avoid 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 infraction based upon any section of this 

ordinance (except Section 10.8(3) or Section 10.10 as specifically exempted above) 

shall, upon conviction be subject to a civil 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 exist by the violator shall constitute 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 sent to the clerk of the district court. 

5. A person found guilty of a county infraction 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 failure 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 provisions of this Ordinance may 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 Ordinance shall not preclude the bringing of a civil action by 

ordinary proceedings to enjoin or abate any nuisance. 

10. Nothing herein shall preclude the Environmental Protection Agency Administration's 

right of enforcement under any section of the Clean Air Act. 

11. Civil penalties assessed by the Department shall be deposited in the general fund of 

the Department to be used for community environmental benefit. 

10.25 Jurisdiction 

The provisions of this Ordinance shall apply throughout Linn County, Iowa. 

10.26 Repealer 

All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are 

hereby repealed. 

10.27 Severability Clause 

If any section, provision, or other part of this Ordinance shall be adjudged invalid or 

unconstitutional said adjudication shall not affect 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 Board of Supervisors the 8th 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