CHESTER J. CULVER, GOVERNOR 

PATTY JUDGE, LT. GOVERNOR 

STATE OF IOWA 

DEPARTMENT OF NATURAL RESOURCES 

RICHARD A. LEOPOLD, DIRECTOR 

"19 RECEI'vi=rJ 

September 8, 2009 

William Rice 

Acting Regional Administrator 

U. S . Environmental Protection Agency 

Region VII 

901 North Fifth Street 

Kansas City, KS 66101 

Dear Mr. Rice : 

SEP 2009 

The Iowa Department of Natural Resources requests revisions to the Iowa State Implementation 

Plan (SIP) for the enclosed Polk County Board of Health Rules and Regulations - Chapter V. 

The Polk County Board of Supervisors adopted the enclosed rules on July 28, 2009, after the 

public board meeting. The Board of Supervisors has full legal authority to develop rules 

pursuant to Section 455B of the Iowa Code. The county followed all applicable administrative 

procedures in proposing and adopting these rules. Enclosed are the required submittal elements 

for determination of plan completeness per 40 CFR Part 51, Appendix V. 

The notice of the public hearing was published in the Des Moines Register on June 26, 2009 and 

July 10, 2009. No oral or written comments were provided during the comment period . The 

effective date of these amendments is August 6, 2009. Copies of the affidavit of publications are 

enclosed for your review . 

The Iowa Department of Natural Resources requests that the Environmental Protection Agency 

amend the SIP to include the changes made to the Polk County - Air Quality Division 

regulations. The requested change to the SIP includes Article I through Article XIII insofar as 

they pertain to the SIP, but items 4-8 (Article VI, section 5-16(n), (o), (p)) and all items for 

Article VIII are specifically excluded from this request. 

If you have any questions regarding this submittal, please contact Wendy Rains at (515) 281-

6061 . 

Sincerely, 

Patricia L. Boddy 

Deputy Director 

7900 Hickman Road, Suite 1 / Windsor Heights, Iowa 50324 

515-242-5100 FAX 515-242-5094 http ://www .iowacleanair .com/ 
Exhibit A 

1 . Article I . In General, Section 5-1 . Purpose and Ambient Air Quality Standards, Subsection (b) and (c) 

is amended by deleting the existing subsections and the following is adopted in lieu thereof: 

(b) Further, it is hereby declared that Polk County's ambient air quality standards shall be the national Primary 

and Secondary Ambient Air Quality Standards in 40 Code of Federal Regulations (C.F .R .) Part 50, as 

adopted by reference in 567 IAC 28.1 . 

(c) All references to 567 IAC Chapter 20 are amended through October 15, 2008. 

All references to 567 IAC Chapter 21 are amended through October 15, 2008. 

All references to 567 IAC Chapter 22 are amended through February 4, 2009. 

All references to 567 IAC Chapter 23 are amended through October 15, 2008. 

All references to 567 IAC Chapter 25 are amended through October 15, 2008. 

All references to 567 IAC Chapter 28 are amended through October 31, 2007. 

All references to 567 IAC Chapter 29 are amended through May 13, 1998. 

All references to 567 IAC Chapter 33 are amended through October 15, 2008. 

All references to 567 IAC Chapter 34 are amended through November 28, 2007. 

2. Article I . In General, Section 5-2 . Definitions, is amended by deleting the existing definitions of the 

terms defined below and by substituting the following definitions in lieu thereof: 

"Allowable emissions" means the emissions rate of a stationary source calculated using the maximum rated 

capacity of the source (unless the source is subject to federally enforceable limits which restrict the operating rate, 

or hours of operation, or both) and the most stringent of the following: 

(A) The applicable standards set forth in 40 CFR Part 60, 61 or 63 as amended in 567 IAC 23.1(2) and 

23.1(3) ; 

(B) Any applicable State Implementation Plan emissions limitation including those with a future 

compliance date; or 

(C) The emissions rate specified as a federally enforceable permit condition, including those with a 

future compliance date. 

"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 and E (as amended through 

February 6, 1975); 40 CFR 60, Appendices A (as amended through September 28, 2007), B (as amended through 

September 28, 2007), 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), 

"Volatile Organic Compounds" means VOC as found in 40 CFR Part 51 .100(s) as amended through March 24, 

2008 as adopted by reference in 567 IAC 20.2 . 

3. Article I . In General, Section 5-2. Definitions, is amended by inserting the following additional 

definitions in proper alphabetical order within Section 5-2 : 

"Disaster" For purposes of this chapter, the definition of "disaster" shall be as defined in Iowa Code section 

29C.2(1), and a disaster may occur before, with, or without a gubernatorial or federal disaster proclamation . 

"Mobile Internal Combustion Engine" means a piece of equipment that is self-propelled or serves a dual purpose by 

both propelling itself and performing another function (such as garden tractors, off-highway mobile cranes and 

bulldozers). 

4. Article 11 . Authority, Section 5-4. Powers of Health Officer, Subsection, (2) is amended by deleting 

the existing subsections and the following Is adopted in lieu thereof: 
(2) In addition to those required record keeping requirements mandated by 40CFR Part 60, Section 60.7 as 

amended in 567 IAC 23.1(2), New Source Performance Standards, require the person responsible for the existing 

equipment to provide information on fuel use, materials processed, air contaminants emitted, estimated rate of 

emissions, periods of emission or other air pollution information to the health officer upon his written request for use 

in compiling and maintaining an emissions inventory for evaluation of the air 

5. Article III . Incineration and Open Burning, Section 5-7 . Open Burning Prohibited, is amended by 

deleting the existing section and the following is adopted in lieu thereof: 

5-7. OPEN BURNING PROHIBITED. 

No person shall allow, cause or permit open burning of combustible materials within Polk County except as 

provided in 5.7(1-9). 

For purposes of this Section, a person shall be deemed to have permitted the open burning if that person permits 

the setting or use of open burning for the disposal of refuse, rubbish, garbage or other combustible material under 

his control, on land under his control, or by employees or other persons under his control. 

It shall be unlawful for any person to open burn or to permit open burning of any landscape waste within Polk 

County from any industrial source, commercial source, or multiple dwelling containing two or more apartment units. 

It shall be unlawful for any person to open burn or to permit open burning of any refuse, rubbish, garbage, 

landscape waste or other combustible material within the cities of Des Moines, West Des Moines, Clive, Windsor 

Heights, Urbandale, and Pleasant Hill from any source from and after September 21, 1983. 

In all other areas of Polk County, it shall be unlawful to open burn or permit open burning of any refuse, rubbish, 

garbage, landscape waste, or other combustible material, except that, unless prohibited by local ordinance, on any 

land site where the land use is for single-family dwelling or agricultural operations, open burning may be used to 

dispose of landscape waste originating on or growing on the same site . 

This section shall not apply to outdoor fireplaces or grills burning untreated wood or charcoal, used solely for the 

non-commercial preparation of food. Such outdoor fireplaces or grills shall not be used for the burning of refuse, 

rubbish, or garbage. 

Upon receipt of a written request, the Health Officer is authorized to issue a permit for an open fire for the following 

purposes. Such permit may contain conditions and is subject to the provisions set forth in this chapter . 

(1) 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~Burning any structures or 

demolished structures shall be conducted in accordance with 40 CFR Section 61 .145 amended through 

January 16, 1991 as adopted in 567 IAC Chapter 23, which is the "Standard for Demolition and Renovation" 

of the asbestos National Emission Standard for Hazardous Air Pollutants. 

(2) Tree and tree trimmings. The open burning of trees and tree trimmings not originating on the premises 

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

access is controlled, burning is conducted on a regularly scheduled basis and is supervised at all times, 

burning is conducted only when weather conditions are favorable with respect to surrounding property, and 

the burning site is limited to areas at least one-quarter mile from any inhabited building . However, when 

the open burning of~trees and tree trimmings causes air pollution as defined in section 455B .131(3) Code of 

Iowa, the Health Officer may take appropriate action to secure relocation of the burning operation . Rubber 

tires shall not be used to ignite trees and tree trimmings. 

(3) Flare stacks. The open burning or flaring of waste gases, provided such open burning or flaring is 

conducted in compliance with Article IV. 

(4) Landscape waste. The disposal by open burning of landscape waste originating on or growing on the same 

land site only where permitted in this section. However, the burning of landscape waste produced in 

clearing, grubbing and construction operations shall be limited to areas located at least one-forth mile from 
any building inhabited by other than the landowner or tenant conducting the open burning . Rubber tires 

shall not be used to ignite landscape waste . 

(5) 

(6) 

(7) 

($) 

(9) 

Training fires . Fires set for the purpose of a bona fide training of public or industrial employees in fire 

fighting methods, provided the health officer receives a written request 

at least one week before such action commences . All Exterior Asphalt - containing materials such as 

roofing and siding shall be removed prior to the training fire . Each fire department shall be allowed to host 

two training fires per year with asphalt material provided testing results are submitted to the health officer 

indicating that the asphalt material does not contain asbestos . All asbestos-containing materials shall be 

removed prior to the training fire . Asbestos removal is to be performed in accordance with the requirements 

contained in 40 CFR Part 61 Subpart M (Sections 61 .145 and 61 .150). 

Paper or plastic pesticide containers and seed corn bags. Open burning as specified in Chapter 567 IAC 

23.2(3)"h" only where permitted by this section . 

For public gatherings under the legitimate sponsorship of civic fraternal, religious, education or similar 

organization . 

Crews operating under the authority of any political subdivision, only where permitted by this section . 

Prairie re-establishment and maintenance at sites which are publicly owned or normally open to the general 

public. 

Authorization to permit an open fire will not be granted by the health officer when such conditions arise that would 

deem such fires to be a safety hazard . 

Permit fees may be established by resolution of the Polk County Board of Supervisors . 

6. Article IV. Restrictions on Emission of Visible Air Contaminants From Equipment, Section 5-10. 

Methodology and Qualified Observer, is amended by deleting the existing section and the following is 

adopted in lieu thereof: 

5-10. METHODOLOGY AND QUALIFIED OBSERVER. 

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 . 

7. The Introductory paragraph of Article VI. Emission of Air Contaminants From Industrial Processes, 

Section 5-16 (n) is amended by deleting the existing subsections and the following is adopted in lieu 

thereof: 

(n) New source performance standards . The Federal Standards of Performance for New Stationary Sources, 

40 Code of Federal Regulations Part 60 as amended or corrected through February 27, 2006, are adopted 

by reference except 40 CFR 60.530 through 60.539b and shall apply to, but not be limited 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 as amended in 567 IAC 23.1(2) . 

8. Article VI. Emission of Air Contaminants From Industrial Processes, Section 5-16(n), Paragraph (26), 

(44), (66), (67) (71), (72), (73), (74) and (75) are amended by deleting the existing paragraph and the following 

is adopted in lieu thereof: 

(26) Electric utility steam generating units. An electric utility steam generating 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 utility steam generating unit is any fossil fuel-fired combustion unit 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 sate is also an electric utility steam generating unit. This 

standard also includes a provision for mercury emissions for any coal-fired electric utility steam generating 
unit other than an integrated gasification combined cycle electric steam generating unit, for which 

construction or reconstruction commenced after January 30, 2004. (Subpart Da as amended through June 

9, 2006) 

(44) Metallic mineral processing plants . Any ore processing and handling equipment . (Subpart LL) 

(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) 

(71). Municipal waste combustors. Unless exempted, a municipal waste combustor with a capacity greater than 

35 megagrams per day of municipal solid waste for which construction is completed after September 20, 

1994, or for which modification or reconstruction is commenced after June 19, 1996. (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) 

(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) units 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) 

9. Article VI. Emission of Air Contaminants From Industrial Processes, Section 5-16(n), is amended by 

adding the following new paragraphs (76), (77), (78) and (79): 

(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) 

(78) Reserved. 

(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) 

10. The Introductory paragraph of Article VI. Emission of Air Contaminants From Industrial Processes, 

Section 5-16(p) is amended by deleting and the following is adopted in lieu therof: 
5-16(p) . Emission standards for hazardous air pollutants. The federal standards for emissions of hazardous air 

pollutants adopted by reference in 567 IAC 23.1(3) and found at 40 Code of Federal Regulations Part 61 

as amended or corrected through May 16, 2007, and 40 CFR Part 503 as amended through August 4, 

1999 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 . 

11 . Article VII. Performance Test For Stack Emission Test, Section 5-18. Testing and Sampling of New 

and Existing Equipment, Paragraph (3) is deleted and the following is adopted in lieu thereof: 

(3) Sampling methods, analytical determinations and minimum performance specifications for performance 

evaluations of continuous monitor systems are those found in 40 CFR Part 60, Appendices A (as amended 

through October 17, 2000), B (as amended through January 12, 2004), C (as amended through December 

16, 1975), and F (as amended through January 12 2004), and 40 CFR Part 75, Appendix A (as amended 

through August 16, 2002, and Appendix B (as amended through September 9, 2002), as adopted in 567 

IAC Chapter 25. 

12. Article VII . Performance Test For Stack Emission Test, Section 5-18. Testing and Sampling of New 

and Existing Equipment, Paragraph (5)(i) is deleted and the following is adopted in lieu thereof: 

(i) An affected source is subject to a new source performance standard promulgated in 40 CYR Part 60 as 

amended through September 28, 2007, as adopted in 567 IAC Chapter 25. 

13. Article VII . Performance Test For Stack Emission Test, Section 5-18. Testing and Sampling of New 

and Existing Equipment, Paragraph (7) is deleted and the following is adopted in lieu thereof: 

(7) 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 75 as adopted 

February 13, 2008, are adopted in 567 IAC 25.2 are adopted by reference and are incorporated 

herein as fully as though set forth in their entirety . 

14. Article VIII . National Emission Standards for Hazardous Air Pollutants for Source Categories, 

Section 5-20. National Emission Standards for Hazardous Air Pollutants for Source Categories, is amended 

by deleting the introductory un-numbered paragraph and adopting the following paragraph in lieu thereof: 

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

Regulations Part 63 as amended or corrected through April 8, 2008, 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 (Fb;o) 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 567-22.100(455B) . 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 source" as defined in this chapter 
15. Article VIII . National Emission Standards for Hazardous Air Pollutants for Source Categories, 

Section 5-20. National Emission Standards for Hazardous Air Pollutants for Source Categories, Paragraph 

(i), (j), (m) (aa), xx, eee, jjj, ooo, ppp, uuu, kkkk, mmmm, oooo, pppp, qqqq, ssss, wwww, xxxx, yyyy, zzzz, 

aaaaa, bbbbb, ccccc, ddddd, eeeee, fffff, ggggg, hhhhh, !III!, jjjjj, kkkkk, IIIII, mmmmm, nnnnn, ppppp, 

qqqqq, rrrrr, sssss and ttttt are amended by deleting the existing paragraph and the following is adopted in 

lieu thereof: 

(i) 

0) 

(m) 

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, 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. (Subpart 1) 

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) 

Perchloroethylene air emission standards for dry cleaning facilities (40 CFR Part 63, Subpart M). These 

standards apply to the owner or operator of each dry cleaning facility that uses perchloro-ethylene (also 

known as perc). The specific standards applicable to dry cleaning facilities, including the compliance 

deadlines, are set out in the federal regulations contained in Subpart M. In general,dry cleaning facilities 

must meet the following requirements, which are set out in greater detail in Subpart M: 

(1) New and existing major source dry cleaning facilities are required to control emissions to the 

level of the maximum achievable control technology (MACT). 

(2) New and existing area source dry cleaning facilities are required to control emissions to the 

level achieved by generally available control technologies (GACT) or management practices . 

(3) New area sources that are located in residential buildings and that commence operation after 

July 13, 2006, are prohibited from using perc. 

(4) New area sources located in residential buildings that commenced operation between 

December 21, 2005, and July 13, 2006, must eliminate all use of perc by July 27, 2009. 

(5) Existing area sources located in residential buildings must eliminate all use of perc by 

December 21, 2020. 

(6) New area sources that are not located in residential buildings are prohibited from operating 

transfer machines. 

(7) Existing area sources that are not located in residential buildings are prohibited from operating 

transfer machines after July 27, 2008. 

(8) All sources must comply with the requirements in Subpart M for emissions control, equipment 

specifications, leak detection and repair, work practice standards, record keeping and reporting . 

(Subpart M) 

(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 . Affectedprocesses 

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 acidprocess lines . 

(Subpart AA) 

(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) 

(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 specified 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, as amended through October 25, 2006) 

Gii) 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 nitrite resin. MACT is required for major 

sources (Subpart JJJ). 

(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 

(Subpart 000). 

(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 

(Subpart PPP). 

(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) 

(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 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) 

(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 facilities 

that are a major source, are located at a major source, or are 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 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 

0000) 

(pppp) Emission standards for surface coating of plastic parts and products. These standards apply to new and 

existing major sources with equipment used to coat plastic parts and products. The surface coating 

application process includes drying/curing operations, mixing or thinning operations, and cleaning 
operations. Coating materials include, but are not limited to, paints, stains, sealers, topcoats, basecoats, 

primers, inks, and adhesives . (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, are 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) 

(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 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) 

(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 stationary reciprocating internal combustion engines. These standards apply to 

new and existing major sources with stationary reciprocating internal combustion engines (RICE) . 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) 

(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, are colocated 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: semiconductor manufacturing . These standards apply 

to new and existing major sources with semiconductor manufacturing . (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 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. For purposes of these standards, a boiler is defined as an enclosed device using 

controlled flame combustion and having the primary purpose of recovering thermal energy in the form of 

steam or hot water. Waste heat boilers, as defined in the federal rule, are excluded from these 
standards . For purposes of these standards, a process heater is defined as an enclosed device using controlled flame, that is not a boiler, and the unit's primary purpose is to transfer heat indirectly to a process material (liquid, gas, or solid) or to a heat transfer material for use in a process unit, instead of generating steam. Process heaters are devices in which the combustion gases do not directly come into contact with process materials. Process heaters do not include units used for comfort or space heat, food preparation for on-site consumption, or autoclaves. (Part 63, Subpart DDDDD) 

(eeeee) Emission standards for hazardous air pollutants for iron and steel foundaries. These standards apply to each new or existing iron and steel foundary that is a major source of hazardous air pollutant emissions. A new affected source is an iron and steel foundary for which construction or reconstruction began after December 23, 2002. An existing affected source is an iron and steel foundary for which construction or reconstruction began on or before December 23, 2002. (Part 63, Subpart EEEEE) 

) 

(ggggg) 

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) 

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) 

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 chloralkali plant subcategory and includes all plants engaged in the manufacture 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) 

GJjjj) 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. The brick and 

structural clay products manufacturing source category includes those facilities that manufacture brick 

including, but not limited to, face brick, structural brick, and brick pavers ; clay pipe ; roof tile ; extruded 

floor and wall tile ; or other extruded, dimensional clay products. Additional applicability criteria and 

exemptions from these standards are contained in the applicable subpart. (Part 63, Subpart JJJJJ) 

(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) 
(IIIII) 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 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 HCI production facility that produces a liquid HCI 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 HCI production facilities that only occasionally produce liquid HCI product at 

a concentration of 30 weight percent or greater. (Part 63, Subpart NNNNN) 

(ppppp) 

(qqqqq) 

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 PPPPP) 

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 iron ore processing. These standards apply to 

new and existing taconite iron ore processing plants that are, or are part of, a major source of HAP emissions. (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 : primary magnesium refining . These standards apply to 

primary magnesium refining plants that are, or are part of, a major source of HAP emissions. (Part 63, 

Subpart TTTTT) 

16. Article VIII . National Emission Standards for Hazardous Air Pollutants for Source Categories, Section 5-20. National Emission Standards for Hazardous Air Pollutants for Source Categories, is amended by adding the following new paragraphs : 

(p) 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 production 

plant, except existing furnaces not located on the same site as the primary aluminum reduction plant. 

(Subpart LL) 

(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 23.1(4)"a," general provisions 

(Subpart A), do not apply to this paragraph except as specified in a referencing paragraph. (Part 63, 

Subpart 00) 
(pp) 

(qq). 

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 23.1(4)"a," general provisions (Subpart A), do not apply to this paragraph except as specified in a referencing paragraph. (Part 63, Subpart PP) 

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 23.1(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 23.1(4)"a," general 

provisions (Subpart A), do not apply to this paragraph except as specified in a referencing paragraph. 

(Part 63, Subpart RR) 

(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 23.1(4)"a," general provisions (Subpart A), do not apply to this paragraph except as specified 

in a referencing paragraph. (Part 63, Subpart W) 

(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 (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 manufacturing of nutritional yeast (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) operations, 

which are carried out at storage terminals, refineries, crude oil pipeline stations, and various 

manufacturing facilities . (Part 63, Subpart EEEE) 
(ffff) 

(gggg) 

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 chemical manufacturing process units, wastewater treatment and conveyance systems, transfer operations, and associated ancillary equipment. (Part 63, Subpart FFFF) 

Emission standards for hazardous air pollutants for solvent extraction for vegetable oil production . Regulated entities include, but are not limited to cottonseed oil mills, soybean oil mills, other vegetable oil mills, excluding soybeans and cotton seed mills, prepared feeds and feed ingredients for animals and fowls, excluding dogs and cats, Flour and other grain mill product mills, and wet corn milling (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 source, 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) 

(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) 

(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. This standard applies to new or existing electric arc furnace (EAF) steelmaking facilities that are area sources for hazardous air pollutant emissions. (Part 63, Subpart YYYYY) 

(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) 

Subparts (aaaaaa) - [Reserved) 

(bbbbbb) National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities (Part 63, Subpart BBBBBB) 

(cccccc) National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Dispensing 

Facilities . (Part 63, Subpart CCCCCC) 

(dddddd) National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production Area Sources.(Part 63, Subpart DDDDDD) 

(eeeeee) National Emission Standards for Hazardous Air Pollutants for Primary Copper Smelting Area Sources . (Part 63, Subpart EEEEEE) 
(ffffff) National Emission Standards for Hazardous Air Pollutants for Secondary Copper Smelting Area 

Sources.(Part 63, Subpart FFFFFF) 

(gggggg) National Emission Standards for Hazardous Air Pollutants for Primary Nonferrous Metals Area Sources 

Zinc, Cadmium, and Beryllium.(Part 63, Subpart GGGGGG) 

(hhhhhh) National Emission Standards for Hazardous Air Pollutants : Paint Stripping and Miscellaneous Surface 

Coating Operations at Area Sources.(Part 63, Subpart HHHHHH) 

Subparts (iiiiii) - (kkkkkk) - [Reserved] 

(IIIIII) . Emission standards for hazardous air pollutants for acrylic and modacrylic fibers production area 

sources. This standard applies to acrylic and modacrylic fibers production plants that are area sources 

for hazardous air pollutant emissions. (Part 63, Subpart LLLLLL) 

(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 of 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 000000) 

(Pppppp)~ 

(qqqqqq) 

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 leademitting operation that is associated with a lead acid battery manufacturing plant. 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 PPPPPP) 

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 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) Emissions 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) to (zzzzzz) Reserved . 

17. Article IX . Fugitive Dust; Sulfur Compounds Division 1 . Fugitive Dust, Section 5-23 . Fugitive Dust 

-Generally ., Subsections (1), (2) and (3) are deleted and the following are adopted in lieu thereof: 

(1) Application of Dust Suppressant - Use, where possible, of water or chemicals for control of dust in the 

demolition of existing buildings or structures, construction operations, the grading of roads, or the clearing 

of land; 

(2) Application of Chemical Suppressant - Application of asphalt, water, or suitable chemicals on paved 

roads, dirt roads, material stockpiles, or other surfaces which can give rise to airborne dusts. Chemicals 

available that may be applied include, but are not limited to : calcium chloride, magnesium chloride, 

vegetable oils, polymers, enzyme slurry, cementitious binders and electrochemical stabilizers . The 

application of dust/chemical suppressant will not be required on days where the daily high temperature at 

the facility is below 35 degrees F and the application of the suppressant could create hazardous driving 

conditions . Under these circumstances, dust/chemical suppressant application shall be postponed and 

applied as soon after the scheduled application date as the conditions preventing the application are 

abated. 

(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. Adequate containment methods shall be employed during sandblasting or other similar 

operations; 

18. Article IX. Fugitive Dust; Sulfur Compounds Division 1 . Fugitive Dust, Section 5-23. Fugitive DustGenerally., is amended by adding the following new paragraphs: 

(7) Post speed limit of 25 miles per hour or less . 

(8) Sweeping of all haul roads or equivalent method employing some combination of sweeping, vacuuming, 

wheel washing if traveling between paved and unpaved roads. 

19. Article IX. Fugitive Dust; Sulfur Compounds Division 1 . Fugitive Dust, Section 5-25. Airborne 

Material Prohibited, is deleted and the following are adopted in lieu thereof : 

No person shall cause, allow, or permit any material in a manner described by sections 5-23 and 5-24; of 

this chapter to become airborne in such quantities and concentrations that it remains visible in the ambient 

air, or is deposited beyond the lot line of the property on which it originates . 

20. Article IX. Fugitive Dust; Sulfur Compounds Division 1 . Fugitive Dust, Section 5-26. Fugitive Dust -

Exceptions, Subsection (1) is deleted and the following are adopted in lieu thereof: 

(1) Dust generated by ordinary travel on unpaved Public roads within attainment and unclassified areas. 

Ordinary travel includes routine traffic and road maintenance activities such as scarifying, compacting, 

transporting road maintenance surfacing material, and scraping of the unpaved public road surface. 
21 . Article X. Permits, Division 1 . Construction Permits, Section 5-33. Exemptions From Permit 

Requirements. Introductory Paragraph is deleted and the following are adopted In lieu thereof: 

A permit shall not be required for the following equipment unless said permit is necessary to comply with 

the requirements of the state's Prevention of Significant Deterioration (PSD) of air quality regulations (IAC 

567-22.4(455B), Article VI, 5-16(n) New Source Performance Standards (40 CFR Part 60 NSPS) (567 IAC 

23.1(2)), Article VI, 5-16(p) Emission Standards for Hazardous Air Pollutants (40 CFR Part 61 NESHAP) 

(567 IAC 23.1(3)), Article Vlli, 5-20 National Emission Standards for Hazardous Air Pollutants for Source 

Categories (40 CFR Part 63 NESHAP) (567 IAC 23.1(4)), or the state's Special Requirements for 

Nonattainment Areas (IAC 567-22.5(455B). 

22. Article X. Permits, Division 1 . Construction Permits, Section 5-33. Exemptions From Permit 

Requirements. Subsection (9) is deleted and the following are adopted in lieu thereof: 

(9) Asbestos demolition and renovation projects subject to 40 CFR 61 .145 as amended through July 15, 1994 

as amended in 567 [AC 22.1(2)"k" ; 

23. Article X. Permits, Division 1 . Construction Permits, Section 5-33. Exemptions From Permit 

Requirements. Subsection (17) is deleted and the following are adopted in lieu thereof : 

(17) Retail gasoline and diesel fuel handling facilities with throughput below 10,000 gallons per month (Thirty-Day 

Rolling Average Usage Records) . The facility must be able to demonstrate, within 24 hours upon request to 

this Department that their throughput is below the monthly (Thirty-Day Rolling Average Usage Records) 

10,000 gallon limit. A permit will not be required if the alterations to the equipment will not change the 

emissions from that equipment. However, a review of the project plans by the APCD may be required to 

substantiate the permit exemption. 

24. Article X. Permits, Division 1 . Construction Permits, Section 5-33. Exemptions From Permit 

Requirements . is amended by adding the following new subsections : 

(55) 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 cannot 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 . 

(56) Emissions from 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 this Chapter. 

25. Article X. Permits, Division 2. Operating Permits, Section 5-35. Operating Permits Required. 

Subsection (d) is deleted and the following are adopted in lieu thereof: 

(d) When portable equipment for which an operating permit has been issued is transferred from one location to 

another, the health officer shall be notified in writing at least (~4 - ays prior to the transfer of the portable 

equipment to the new location. The owner or operator will ~e notified at least ten days prior to the 

scheduled relocation if said relocation will cause disapproval of the existing permit. 

26. Article X. Permits, Division 2. Operating Permits, Section 5-36. Application for Permit. Subsection 

(a) and (a-1) is deleted and the following are adopted in lieu thereof: 

(a) Timely application. Each owner or operator applying for a conditional operating permit shall submit an 

application : 

(1) By November 15, 1994, if the owner or operator is applying for a conditional operating permit for the first 

time; 
26. Article X. Permits, Division 2 . Operating Permits, Section 5-39. Exemptions From Permit 

Requirements Subsection (4), (6) and (11) are deleted and the following are adopted in lieu thereof: 

(4) 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" . 

(6) Gasoline storage tanks with a capacity of 5,000 gallons or less and an annual through-put less than 20,000 

gallons, and coolant, diesel fuel, detergents, fuel oil, LPG, lubricating oils, and other nonhazardous air 

pollutant emitting storage tanks with a capacity of less than 19,812 gallons and an annual throughput less 

than 200,000 gallons. 

(11) Retail gasoline and diesel fuel handling facilities with throughput below 10,000 gallons per month (ThirtyDay Rolling Average Usage Records). The facility must be able to demonstrate, within 24 hours upon 

request to this Department that their throughput is below the monthly (Thirty-Day Rolling Average Usage 

Records) 10,000 gallon limit . A permit will not be required if the alterations to the equipment will not change 

the emissions from that equipment. However, a review of the project plans by the APCD may be required 

to substantiate the permit exemption . 

27 . Article X. Permits, Division 2. Operating Permits, Section 5-39. Exemptions From Permit 

Requirements is amended by adding the following new subsections: 

(48) 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 cannot 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 . 

(49) Emissions from 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 this Chapter. 

28. Article X. Permits, Division 2. Operating Permits, Section 5-49. Temporary Electricity Generation for 

Disaster Situations is amended by adding the following new paragraph: 

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 department and shall specify the anticipated duration within eight 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 as defined in this chapter, and a disaster may occur before, with, or without a 

gubernatorial or federal disaster proclamation . 
29. Article XVI. Nuisance Abatement and Enforcement. Section 5-75. Penalty is deleted and the 

following are adopted in lieu thereof: 

5-75. PENALTY. 

Unless another penalty is expressly provided by this Regulation for the particular provision, section or 

Regulation, any person violating any provision of this Regulation, or any rule or Regulation adopted or 

issued in pursuance thereof, or any provision of any code adopted herein by reference shall, upon 

conviction, be subject to one of the following: 

Criminal 

(a) . A person who knowingly violates any provision of this chapter, any permit, rule, standard, or order issued 

under this chapter, or any condition or limitation included in any permit issued under this chapter, is guilty of 

an aggravated misdemeanor. A conviction for a violation is punishable by a fine of not more than ten 

thousand dollars for each day of violation or by imprisonment for not more than two years, or both . If the 

conviction is for a second or subsequent violation committed by a person under this section, however, the 

conviction is punishable by a fine of not more than twenty thousand dollars for each day of violation or by 

imprisonment for not more than four years, or by both. 

(b). A person who knowingly makes any false statement, representation, or certification of any application, 

record, report, plan, or other document filed or required to be maintained under this chapter, or by any 

permit, rule, standard, or order issued under this chapter or who falsifies, tampers with, or knowingly 

renders inaccurate any monitoring device or method required to be maintained under this chapter, or by any 

permit, rule, standard, or order issued under this chapter, or who knowingly fails to notify or report as 

required by this chapter or by any permit, rule, standard, or order issued under this chapter, or by any 

condition or limitation included in any permit issued under this chapter, is guilty of an aggravated 

misdemeanor punishable by a fine of not more than ten thousand dollars per day per violation or by 

imprisonment for not more than one year, or by both. If the conviction is for a second or subsequent 

violation committed by a person under this paragraph, however, the conviction is punishable by a fine of not 

more than twenty thousand dollars for each day of violation or by imprisonment for not more than two years, 

or by both. 

(c) . A person who knowingly fails to pay any fee owed under any provision of this chapter, or any permit, rule, 

standard, or order issued under this chapter, is guilty of an aggravated misdemeanor punishable by a fine of 

not more than ten thousand dollars per day per violation or by imprisonment for not more than six months, 

or by both. If the conviction is for a second or subsequent violation under this paragraph, however, the 

conviction is punishable by a fine of not more than twenty thousand dollars for each day of violation or by 

imprisonment for not more than one year, or by both. 

(d). A person who negligently releases into the ambient air any hazardous air pollutant or extremely hazardous 

substance, and who at the time negligently places another person in imminent danger of death or serious 

bodily injury shall, upon conviction, be punished by a fine of not more than twenty-five thousand dollars for 

each day of violation or by imprisonment for not more than one year, or by both . If the conviction is for a 

second or subsequent negligent violation committed by a person under this section, however, the conviction 

is punishable by a fine of not more than fifty thousand dollars for each day of violation or by imprisonment 

for not more than two years, or by both. 

(e). A person who knowingly releases into the ambient air any hazardous air pollutant or extremely hazardous 

substance, and who knows at the time that the conduct places another person in imminent danger of death 

or serious bodily injury shall, upon conviction, if the person committing the violation is an individual or a 

government entity, be punished by a fine of not more than fifty thousand dollars per violation or by 

imprisonment for not more than two years, or by both . However, if the person committing the violation is 

other than an individual or a government entity, upon conviction the person shall be punished by a fine of 

not more than one million dollars per violation . If the conviction is for a second or subsequent violation 

under this paragraph, the conviction is punishable by a fine or imprisonment, or both, as consistent with 

federal law. 

Civil 

A penalty as determined by the Court, not to exceed ten thousand dollars per day for each day such 

violation continues as provided in Section 455B.146 Code of Iowa. A separate violation exists with respect 

to each item or piece of equipment which is not in compliance with this Chapter. A repeat offense is a 
violation of any provision of this Chapter, or any rule or regulation adopted or issued in pursuance hereof, or 

any provision of any code adopted by reference herein, by a person who has previously admitted the 

infraction or been found in a criminal or civil court to have violated the same provision . 

The Health Officer shall normally request a civil penalty in accordance with the following schedule, unless, 

in the professional judgment of the Health Officer, the violation is so minor that a lesser penalty would be 

appropriate: 

The Health Officer shall normally request a civil penalty in accordance with the following schedule, unless, 

in the professional judgment of the Health Officer, the violation is so minor that a lesser penalty would be 

appropriate: 

Civil Penalty Schedule First Second Third or 

Offense Offense Subsequent 

Offense 

Violation on the premises of a single or two-family $100.00 $500.00 $1000 .00 

dwelling, by the owner or a resident of that dwelling. 

All other violations 

No apparent economic gain as a result of the violation $500.00 $1000.00 $2000.00 

and no apparent malice involved . 

Economic gain by the violator and probable knowledge $1000.00 $2000.00 $4000.00 

that the action was a violation. 

Blatant disregard for the environment causing $2000.00 $4000- $8000- 

considerable environmental damage, or intentional $5000.00 $10,000.00 

violation for large economic gain 

Violations of any provision of this chapter, any permit, $1000- $4000- $8000- 

rule, standard, or order issued under this chapter, or any $2000.00 $5000.00 $10,000.00 

condition or limitation included in any permit issued 

under this chapter. 

Submission of false statements, representations, or $1000- $4000- $8000- 

certifications of any application, record, report, plan, or $2000.00 $5000.00 $10,000.00 

other document filed or required to be maintained under 

this chapter, or by any permit, rule, standard, or order 

issued under this chapter or who falsifies, tampers with, 

or knowingly renders inaccurate any monitoring device 

or method required to be maintained under this chapter, 

or by any permit, rule, standard, or order issued under 

this chapter, or who knowingly fails to notify or report as 

required by this chapter or by any permit, rule, standard, 

or order issued under this chapter, or by any condition or 

limitation included in any permit issued under this 

chapter 

Failure to pay any fee owed under any provision of this $1000.00 $2000.00 $4000.00 

chapter, or any permit, rule, standard, or order issued 

under this chapter 
Res . No . 109-09 

July '28,2009 

RESOLUTION 

Moved by G rDf0,'nVNf2qi , Seconded by M~R-o _,_that the 

following resolution be adopted: 

WHEREAS, the Polk County Local Board of Health conducts a local air pollution control 

program approved by the director of the Iowa Department of Natural Resources pursuant to loNva Code 

Section 455B .145 ; and 

WHEREAS, chapter V of the Rules and Regulations of the Polk County Local Board of Health 

sets out the rules and requirements of the local program ; and 

W-IIEREAS, the Polk County Air Quality Director believes it advisable to amend the current air 

pollution control program rules in the manner set out in Exhibit A to this resolution in order to update 

cross -references, add definitions, add certain additional performance standards and emission guidelines 

and revise construction and operating permitting requirements, all in order to make the local program 

more efficient and retain approval Ltnder section 455B .145 : and 

WIIEREAS, a public hearing on the proposed amendments has been held on this date before this 

body actin- in its capacity as the Polk County Local Board of Health, any and all citizens appearina to 

comment on the proposed amendments have been heard and this Board has considered any such 

comments. 

NOW, THEREFORE, BE IT RESOLVED that, acting as the Polk County Local Board of 1-lealth, 

this Board hereby adopts the Board of Health Rules and Regulations amendments as set forth in [`Ahibit 

A to this resolution, and the Rules and Regulations as amended shall be effective oil and after the day 

Following the date of publication of the amendments pursuant to Section 137.6(2)(a) of the Code of 

Iowa; and 

BE 1T FURTHER RESOLVED that, acting as the Polk County Board of Supervisors, arid 

pursuant to Iowa Code Section 137.6(2)(a), this Board hereby approves the amendments to the Polk 

County Local Board of Health Rules and Regulations as set forth in Exhibit A and the Auditor is 

requested to cause publication thereof. 

POLK COUNTY BOARD OF SUPERVISOI:S 

Acting in its capacity as the 

POLK COUNTY LOCAL BOARD OF HEALTII 

(For adoption) and acting as the 

POLK COUNTY BOARD OF SUPERVISORS 

or - p proval 

MMENDED FOR APPROVAL. : 

ry I 

Polk County Public 

Ralph E.'Marasco, Jr. 

Assistant County Attorney 

Fiscal Impact : None 

.-

~~ 

Chairperson 

V 

dl/,~r~ 

_ CAtt_ 

FOR ALLOWANCE 

rv. c:aM..A ,Ys' Mr 

P4*0 eH +.~ Y4' MW 

T" "**AWVWV 'Ac 

MW F MN" 

AVab Owmly 9- MW 

Y4~ ~ " O ' 

JUL 2 8 M 

EI~ovE'b 

--t---F--- 
Res. No, 107-09 

June 23, 2009 

RESOLUTION 

Moved by 

resolution be adopted ; 

WHEREAS, the Polk County Local Board of Health conducts a local air pollution control program 

approved by the Director of the Iowa Department of Natural Resources pursuant to Iowa Code Section 

455B.145; and 

WHEREAS, Chapter V of the Rules and Regulations of the Polk County Local Board of IIcalth 

sets out the rules and requirements of the local program ; and 

WHEREAS, the Polk County Public Works Director believes it advisable to arnend the current air 

pollution control program rules in the manner set out in Exhibit A to this resolution in order to update 

cross-references, add definitions, add certain additional performance standards and emission guidelines, 

revise construction and operating permitting requirements aud update enforcement penalties, all in order to 

make the local program more efficient and retain approval under section 455B.145; 

NOW THEREFORE BE IT RESOLVED that the Po1k County Board of Supervisors; acting in its 

capacity as the Polk County Board of Health under Chapter 137, Code of Iowa, .2009, Pursuant to the Acts 

of the Sixty-Eighth General Assembly, 1980 session, Chapter 1001, Section 20 and Supervisors' 

Resolution of January 6, 1981, does hereby propose that Chapter V of the Polk County Local Board of 

Health rules and regulations be amended as set forth in Exhibit A to this Resolution. 

BE IT FURTHER RESOLVED that pursuant to 40 C.F.R. §51 .102 and § 137.6(2)(d), Code or 

Iowa, 2009, a public hearing on the proposed amendments set forth in Exhibit A shall be held by this 

Board of Health on Tuesday, July 28, 2009, in Room 120, Polk County Administrative Office Building, at 

which time and place any citizen desiring to cornment on the proposed amendments may appear and be 

heard; and 

BE IT FURTHER RESOLVED that the County Auditor is hereby requested to cause notice of 

said hearing in substantially the form set forth as Exhibit B to this Resolution to be published in a 

newspaper of general circulation in the county on two occasions, the first not less than thirty (30) days 

prior to the date set for the public hearing and the second publication not less than four nor more than 

twenty days prior to the date set for the hearing. 

POLK COUNTY BOARD OF SUPERVISORS 

Acting in its capacity as the 

POLK COUNTY LOCAL BOARD OF HEALTH 

d 

1/,ce- Chairperson 

b~/Q~'~y~p~1' , Seconded by that the following 

RECOMMENDED F 8R AW 

~--ry-- L! Land 

Polk County I ublic W k 

oa a 

0 

t 

APPR VED AS TO FORM: 

ROVAL 

6W 

Assistant County Attorney 

Fiscal Impact: None 

--., 

- - - - - - - - - 

ROLL CALL 

FOR ALLOWANCE 

JUN z ; f0s 

E.d .OIwaRSi11 

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,em"MMn.ra, .,a.r w 

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AWw camoy , 

Yea 15 Nay 

Abow %bulanon mWde try, &~ 

~Y ~vo~oF 

1 G ' d~ 
( '6beVesAoineslefisfer 

AFFIDAVIT OF PUBLICATION 

COPY Oh ADVERT'1SEMFiN'I' STATE OF IOWA 

Exhibit "A" SS 

--- .n.n COUNTY OF POLK 

sop* rvlsor~ o f In 

eo Itv t~ iM ~ol~k~~u ntr to 

ft Ram, ~ in oreY w~ 

jl ~~n.., °"~, `°~DO M010016 ni"4 01 

Admln 

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N,orflctis ~br~OYD,v~n 

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ond add addltl nal rietsston 

st n ard rds~esoir. 

attons. no 

froonto wodato or,. 16 ., 

F 

3*C1 ampoodeldtr* 

REE 

uy"a Inv Porralts, add 

at,41,19 

to-lor 

I X.111orrinclintsy 

W1.11.111 

r 

on for d1las 

ollyatlon, a _gg ?d I ow 

MW undersigned, being first duty sworn on 

Qatb, states ik3t shdlle is 

Accounting Specialist ~~AAP"r' vzlGlr 

of The Des Moines Register and Tribune Company, 

a corporation duly organized and cxisting under the 

laws of the State of Iowa. with its principal place of 

business in Des Moines, Iowa, the publisher of 

THE DES MptNES REGISTER (Daily) 

DES MOINES SUNDAY REGISTER 

newspapers of general circulation printed and 

published in the City ofDes Moines, Poik Cwmy, 

Iowa, and that an advertisement, a printed copy of 

which is attached as Exhibit Wand made a part of 

this affidavit, was printed and publishtd in ika Des 

Manes Register (dail ) onft following dates 

~~t ~..1 l© 

Subscribed and swo before me by said affant 

ibis 1 'C--( day of 

rraa,y Public in and for " tyeol, 

- - 

~

. _ 

'L;1 ..1A 

stbwt eAdt1- :716 Locust Streak Des Moines, tA 50309 ~ oAllng address: PO. Booc 957. Des Moines, b4 6Q805 " (515) 2844000 
CI)e ~9es Moines AC.Q.Aster 

AFFIDAVIT OF PUBLICATION 

COPY OF ADVERTISEMENT STATE OF IOWA 

I;xhibit "A" SS 

COUNTY OF POLK 

oath, states that she/he is the 

The undersigned, being firs-t duly s-,voln on 

11GG{.lUllllll~ JtJC4.laUlll 

R981 BOARDOFHEALTH, 

RULES & REGULATIONS 

iT ' HAPTER V. At R POLLUTION 

iofy 281h, 2409, Pol!=. County 

adopted changes to Polk Countti 

Ciuo al of Health Rurcs ono 

Reuulations Chapter V . Air 

Pollution. Theprimary purpose 

~` !he adopted changes is to 

wd., ve county air quality rules to 

to Federal and State 

v~ronntentol Protection 

r ~nlssion rules at lo+nco 

fminrslrotiveCode Division 

' Title 11, thus allowing the 

a;c nty Program to retain State 

+~r~r~ova l under Iowa Code 

: , .s,una55B .1a .5 . The. adopted 

^qulution updates Count 

' -rences and t<eder :0 

,vulatton cross reference ; 

r,td, additional detinit,on' . 

" 

',en burn 

.~st~blish emission stantford ; tnr 

. : rtain Industrial Processc, 

uodatePerformance tesr fur 

; f cyck emissions, update and add 

additional emf sfon standards 

fur hazardous a ~r pollutants for 

source categories, update 

fugltive dust regulations, odd 

r: xempt ions for construction and 

operating permits, add 

'eyulations governing 

temporary electricity 

Teneration for disaster 

SItUatlan$ and updates the 

rru sonce abatement and 

enforcement penalties section . 

A complete copy of the 

regulation con be obtoined by 

contacting . Polk County Public 

Works Department, 5885 NE 14th 

Street, Des Maine,,; Iowa 50313, 

t515i28b-3351 . -_ .` 

1 

off he Des Moines Register and -I~nbunc Companv, 

a corporation duly organized and existing under the 

laws of the. Suite of lova, Nvlth its principal place of 

busuless in Des Moines, Iowa, the Ilubllshcr of 

TILE DES M()INFS RlGIS 1'ER (Uaulv) 

DI:S MOINES SIJNDAY REGISTER 

newspapers of general cuculation printed arid 

published in the City of Des Moines, Polk County, 

lowa, and that an advertisement, a printed copy of 

which is attached as Extubit "A" and ni1de a part of 

th<is affidavit, was printed rtnd published in 'ilte Des 

Moines Register (daily) on the following dates 

L>:0,-~ , .~---

Subscribed and sworn tq before me by said affiant 

this, ~ day of ---- 

.-~~~~ . 

71 

Notat=y Public in and for polk C~unty, Iowa 

SUSAN HAZEL-TO" 

Notariaf Seal - Iowa, 

comrttiesion i~~x 

J ;ommigsionExp+ea 

street address: 715 Locust Street, Des Moines, IA 50309 mailing address : P.O. Box 957, Des Moines, IA 50306 ~ (515) 284-8000 
AFFIDAVITOF PUBLICATION 

STATE OF IOWA 

POLK COUNTY 

BOARD OF HEALTH, RULES& 

REGULATIONS 

CHfePTFR V . AI R POl ItJTIQb, 

oil July 181fi , 2009 Polk Coun'y 

adopted changes to Poik County 

Board oi Health Rules and 

Regulotiorr, Chapter V, Air 

Po1)Ution . 'he primary Pui pose, 

()f the adopir~{! rltanges is to 

update county air quality rules to 

confnrrn to Federal and State 

Environmental Protection 

Co:nrnission rules at Iowa 

AurninistratI ve Code Division 

frb?, .f rSle 11, iinus al lowing the 

County Prog, am to retain State 

au4r<oJal under Iowa Code 

set_iron a$58 .1d5 . Theadapted 

rer:raiotion updates County 

refcrencesand Federal 

requicrtion cross reterenCeS< 

adds additiona! definitions, 

iladate open nJrnind r(-gulOtion, 

establish emission standards for 

certain industrial Processes, 

uPclnt(P pPrformar,ce test for 

star, kemissions, updateandadd 

,rdditiona! emission standards 

fur hazardous air oottutants far 

source (ategories, update 

fugitive dust regulations, add 

exemptions for construction and 

operating permits, odd 

regulatiolns yoverning 

or77porory electricity 

qenoraiiort for disaster 

situat ;ons <ind updates the 

nuisanct obotentent and 

enfor cement penalties section . 

FI cornpip!o ropy a( the 

reaulation can be obtained by 

contactinq, Polic County Public 

Works Depar tment, 5885 NE t.bth 

Street, Des Moines Iowa 50313, 

tS15)28Ir3351, 

Amy Duncan, being sworn, says she is the publisher ofTlie 

,Altucana } leraldlltit.lex a weekly newspaper of general 

circulation, published in AItcxtna, Polk County, Iown . 

That the notice . a printed copy of which is attached hereto 

and made part of hereof, was published in the said nltutma 

Herald/Index once each week for I week, the publicati0n 

will be on the 5th clay of Attrrust, 2009 

Subscribed und sworn to by Amy Duncan before me on this 

fth day- of August , 2009 

Notary Public 

Pt:biica :iun itc SI1-J .9h 

tu,i,i 
AFFIDAVIT OF PUBLICATION AND COST 

STATE OF IOWA 

County of Polk 

ss . 

BOARD OF HEALTH, RULES & REGULATIONS 

CHAPTER V., AIR POLLUTION 

BOARD OF HEALTH, RULES & REGULATIONS 

CHAPTER V, AIR POLLVTWN 

On July 28th, 2009 Polk County adopted 

changes to Polk County Board of Health Rules 

and Regulations Chapter V, Air Pollution . 

The primary purpose of the adopted changes 

is to update county air quality rules to conform to Federal and State Environmental 

Protection Commission rules at Iowa 

Administrative Code Division 567, Title II, thus 

allowing the County program to retain State 

approval under Iowa Code section 455B 145 . 

The adopted regulation updates Cqunty references and Federal regulation cross referenr.es, adds additional definitions, update 

open burning regulation, establish emission 

standards for certain industrial processes, 

update performance test for stack emissions, 

update and add additional emission standards for hazardous air pollutants for source 

categories, update fugitive dust regulations, 

add exemptions for construction and operating permits, add regulations governing temporary electricity generation for disaster situations and updates the nuisance abatement 

and enforcement penalties section . A complete copy of the regulation can be obtained 

by contacting, Poik County Public Works 

Department, 5885 NE 14th Street, Des Moines 

Iowa 50313, (515)286-3351, 

I, -__ Janette Larkin , on oath depose and 

say that I am the publisher of the Business Record, a newspaper 

of general circulation having a bona fide paid circulation 

recognized by the Postal Laws of the United States ; established 

and published regularly and wholly in the English language and 

mailed through the post office of current entry for more than two 

years in the City of Des Moines, Polk County, Iowa ; and that the 

attached notice was published in said newspaper on : 

August 3, 2009 

f 

SulYscribed and sworn to before me by Janette Larkin 

this 3rd , day of August , A.D. 2009 

y <:z rr : ,I S:,10 >, { 

July ~,I, : ,1 

Date Business Record 

By - - - - 

Statutory Publication Fee, $ 17.10 

Paid by 

otary 
EXHIBIT B 

PUBLIC NOTICE 

Notice is hereby given that on Tuesday, July 28, 2009 at 9 :30 a .m . in 

Room 120, Polk County Administrative Office building, 111 Court Avenues, Des Moines, 

Iowa, the Polk County Board of Supervisors acting in its capacity as the Polk County 

Local Board of Health will hold a hearing on certain proposed amendments to Chapter 

V, Air Pollution, of the Polk County Local Board of Health Rules and Regulations. The 

proposed amendments update Public Works Department references and federal 

regulation cross references, add additional definitions, update open burning regulation, 

establish emission standards for certain industrial processes, update performance test 

for stack emissions, update and add additional emission standards for hazardous air 

pollutants for source categories, update fugitive dust regulations, add exemptions for 

construction and operating permits, add regulations governing temporary electricity 

generation for disaster situations and updates to the nuisance abatement and 

enforcement penalties section . Sections amended are the following : 5-1, 5-2, 5-4, 5-7, 

5-10, 5-16, 5-18, 5-20, 5-23, 5-25, 5-26, 5-33, 5-35, 5-36, 5-39, 5-49 and 5-75 . The 

complete text of the proposed amendments is on file and available in the Polk County 

Auditors Office, Room 230, Polk County Administration Building . Any citizen desiring to 

comment on the proposed amendments may appear and be heard. 

Jamie Fitzgerald 

Polk County Auditor