CHESTERJ . CULVER, GOVERNOR

PATTYJUDGE, LT . GOVERNOR 

# STATE OF IOWA DEPARTMENT OF NATURAL RESOURCES

RICHARDA

. LEOPOLD, DIRECTOR 

# "19 RECEI'vi=rJ September 8, 2009 

## WilliamRice Acting Regional Administrator U .S. Environmental Protection Agency RegionVII 901 North Fifth Street Kansas City, KS 66101 Dear Mr. Rice: 

# SEP 2009

The Iowa Department ofNatural Resources requests revisions tothe Iowa State Implementation Plan (SIP)for the enclosed Polk County BoardofHealthRules and Regulations -ChapterV . ThePolk County BoardofSupervisors adoptedtheenclosed rules onJuly 28, 2009, after the public board meeting. The BoardofSupervisors has full legal authority to develop rules pursuant to Section 455Bofthe Iowa Code. Thecounty followed allapplicable administrative procedures in proposing and adopting these rules. Enclosed arethe required submittal elements for determination ofplan completeness per 40 CFRPart 51, Appendix V . Thenotice ofthe public hearingwas published in the Des Moines RegisteronJune 26, 2009and July 10, 2009

. Nooral orwrittencomments were provided during thecomment period. The effective date ofthese amendments is August 6, 2009 . Copies oftheaffidavit ofpublications are enclosed foryour review . The Iowa Department ofNatural Resources requests that the Environmental Protection Agency amend the SIPto includethechanges made tothe Polk County - AirQuality Division regulations. The requested change to theSIP includes Article I throughArticle XIII insofar as they pertain to the SIP, but items 4-8 (ArticleVI, section 5-16(n), (o), (p)) and all itemsfor ArticleVIII are specifically excluded fromthis request. Ifyou have anyquestions regarding this submittal, please contactWendy Rainsat (515) 281- 6061 . Sincerely,

Patricia L. Boddy Deputy Director 7900 Hickman Road, Suite 1 /Windsor Heights, Iowa 50324 515-242-5100 FAX 515-242-5094http://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 deletingthe 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 IAC28.1 . 

### (c) All references to 567 IACChapter 20are amended through October 15, 2008. All references to 567 IACChapter 21 are amended through October 15, 2008. All references to 567 IACChapter 22are amended through February 4, 2009 . All references to 567 IACChapter 23are amended through October 15, 2008. All references to 567 IACChapter25are amended through October 15, 2008. All references to 567 IACChapter28are amended through October 31, 2007. All references to 567 IACChapter 29are amended through May 13, 1998 . All references to 567 IACChapter 33are amended through October 15, 2008. All references to 567 IACChapter 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 maximumrated capacity of the source (unless the source is subject to federally enforceable limits which restrict the operating rate, or hours ofoperation, or both) and the most stringent of the following: 

### (A) The applicable standards set forth in 40CFR Part 60, 61 or 63 as amended in 567 IAC23 .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. 

### "EPAreference method" means any method ofsampling 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 40CFR75, 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 VOCas found in 40 CFR Part 51 .100(s) as amended through March 24, 2008as adopted by reference in 567 IAC20.2. 3 . Article I. In General, Section 5-2 . Definitions, is amended by inserting the following additional definitions in properalphabetical orderwithin 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 mayoccur before, with, or without a gubernatorial orfederal disaster proclamation. "Mobile Internal Combustion Engine" means a piece ofequipment 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 thefollowing Is adopted in lieu thereof:

### (2) In addition to those required record keeping requirements mandated by 40CFRPart 60, Section 60.7 as

amended in 567 IAC23.1(2), New Source Performance Standards, require the person responsiblefor the existing equipment to provide information on fuel use, materials processed, aircontaminants 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 ofthe 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 fromany 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 fromany source fromand 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 disposeof landscape waste originating on orgrowing 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 outdoorfireplaces or grills shall not be used for the burning of refuse, rubbish, orgarbage. 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, forthe duration of the community disaster period in caseswhere an officially declared emergency condition exists~Burning any structures or demolished structures shall be conducted in accordance with 40 CFRSection 61 .145amended through January 16, 1991 as adopted in 567 IACChapter 23, which is the "Standard for Demolition and Renovation" of the asbestos National Emission Standard for HazardousAir 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 fromany 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 compliancewith Article IV. (4) Landscapewaste . The disposal byopen burning of landscapewaste originating on orgrowing 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 landscapewaste. (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 accordancewith the requirements contained in 40CFR 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 bythis 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, onlywhere 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 safetyhazard. Permit fees may be established by resolution ofthe Polk County Board of Supervisors. 6. Article IV

. Restrictions on Emission ofVisible AirContaminants FromEquipment, Section 5-10. Methodology and Qualified Observer, is amended by deleting the existing section and the following is adopted in lieu thereof: 5-10. METHODOLOGYANDQUALIFIED OBSERVER. The federal method for visual determination of opacity of emissions and requirements for qualified observers as defined in Method 9, 40CFRPart 60, Appendix A, as amended through March 12, 1996 in 567 IAC29.1 is adopted by reference. 7. The Introductory paragraph ofArticle VI . Emission of Air Contaminants FromIndustrial 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 40CFR60.530through 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 40CFR Part 60also apply to the affected facilities as amended in 567 IAC23.1(2). 8. Article VI . Emission ofAir Contaminants FromIndustrial 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 ofcombusting more than 250 million Btus per hour (73 megawatts) heat input of fossil fuel forwhich 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 250million Btus per hour (73megawatts) 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 electricityfor sale. Aunit that cogenerates steam and electricity and supplies more than one-third of its potential electricoutput capacity and more than 25 MW outputto any utility power distribution systemfor sate is also an electric utility steam generating unit. This standard also includes a provision for mercury emissions foranycoal-fired electric utilitysteamgenerating

### unit other than an integrated gasification combined cycle electric steamgenerating unit, forwhich 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 combustorwith 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 December20, 1989, and on or before June 19, 1996. (Subpart Ea) (67) Grain elevators. Agrain terminal elevator or any grain storage elevator except as provided under 40 CFR 60 .304(b), August 31, 1993. Agrain 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. Agrain 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 greaterthan 35 megagrams per day of municipal solid waste for which construction is completed after September 20, 1994, orforwhich modification or reconstruction is commenced afterJune 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 ofAir Contaminants FromIndustrial 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 ofArticle VI . Emission ofAir Contaminants FromIndustrial Processes, Section 5-16(p) is amended by deleting and thefollowing 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 .120to §61 .127, §61 .190to §61 .193, §61 .200to §61 .205, §61 .220to §61 .225, and §61 .250to §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 (SubpartA) of Part 61 also apply tothe affected activities orfacilities. 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 minimumperformance specifications for performance evaluations ofcontinuous monitor systems are those found in 40 CFRPart 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 40CFRPart 75, AppendixA(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 newsource performance standard promulgated in 40 CYR Part 60 as amended through September 28, 2007, as adopted in 567 IACChapter 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 programas 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 fullyas though set forth in theirentirety. 

### 14. Article VIII . National Emission Standardsfor 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: Thefederal 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, 10tons per year or more of any hazardous airpollutant or 25 tons peryear 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 chapter15. Article VIII . National Emission Standards for HazardousAir 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 tttttare 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 fromspecified processes (defined in 40 CFR63.190) 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 thatare not classified as synthetic organic chemical manufacturing industries. (Subpart 1) Emission standards for hazardous air pollutants for polyvinyl chloride and copolymers production. This standard appliesto a polyvinyl chloride (PVC) orcopolymer production facilitythatis 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 setout in the federal regulations contained in Subpart M . In general,dry cleaning facilities must meet the following requirements, which are set out in greaterdetail in Subpart M : (1) New

and existing major source dry cleaning facilities are required to control emissions to the level of the maximumachievable control technology (MACT) . 

### (2) Newand 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 fromusing perc. (4) Newarea sources located in residential buildings that commenced operation between December 21, 2005, andJuly 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 fromoperating transfer machines. (7) Existing area sources that are not located in residential buildings are prohibited fromoperating transfer machines afterJuly 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 newand 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) fromheat 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 majorsources are subject to this subpart as ofApril

### 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 newmajor 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

orexisting facilities that own or operate an aminoor phenolic resins production unit (Subpart 000) . 

### (ppp) Emission standards for hazardous air pollutantsfor polyether polyols production. These standards apply

to all new

and existing majorsources of polyether polyols. Polyether polyols are compounds formed through polymerization of ethylene oxide, propylene oxide orother cyclic ethers with compounds having oneor more reactive hydrogens to formpolyethers. Affected processes include, but are not limited to, storagevessels, process vents, heat exchange systems, equipment leaks andwastewater 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 fromthese 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 fromthis 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 fromthis 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 newand 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 forwalls 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 HAPemissions. (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, SubpartXXXX) 

### (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, SubpartYYYY) (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. (Part63, Subpart ZZZZ) (aaaaa) Emission standards for hazardous air pollutants for lime manufacturing plants. These standards

regulate hazardous air pollutant emissions from newand existing lime manufacturing plants that are major sources, are colocated with major sources, or are part of major sources. Additional applicability criteria and exemptions fromthese standards may apply. (Part 63, SubpartAAAAA) 

### (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 formof steam or hot water. Waste heat boilers, as defined in the federal rule, are excluded from thesestandards. 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 newor existing iron and steel foundary that is a majorsource of hazardous air pollutant emissions. Anewaffected source is an iron and steel foundary forwhich 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 airpollutants 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 atan integrated iron and steel manufacturing facility that is, or is part of, a major source ofhazardous air pollutant emissions. (Part63, 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 newand 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 frommercury 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: mercurycell chlor-alkali production facilities and mercury recoveryfacilities. (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 fromthese standards are contained in the applicable subpart. (Part 63, SubpartJJJJJ) (kkkkk) Emission standards for hazardous air pollutants for clay ceramics manufacturing. These standards

apply to clay ceramics manufacturing facilities that are, are located at, orare partofa major source of hazardous air pollutant emissions. The clayceramics 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. (Part63, 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 airpollutants (HAPs) emissions, or is located at, or is part of a major source of HAPemissions. (Part63, Subpart LLLLL) (mmmmm) Emission standards for hazardous air pollutants: flexible polyurethane foamfabrication operations. This

standard applies to a new or existing source at a flexible polyurethane foamfabrication facility. The standard defines twoaffected sources (units or collections of units to which a given standard or limit applies) corresponding to the twosubcategories, loop slitter adhesive use orflame lamination. (Part 63, Subpart MMMMM) (nnnnn) Emission standards for hazardous air pollutants: hydrochloric acid production. This standard applies to

a newor 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 30weight percentor 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, SubpartQQQQQ) (rrrrr) Emission standards for hazardous air pollutants : taconite iron ore processing. These standards apply to

newand 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 magnesiumrefining. These standards apply to

primary magnesiumrefining 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 newor

existing potline, paste production plant, or anode bake furnace associated with a primary aluminum reduction plant, and for each newpitch 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 fortanks - 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. (Part63, 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. (Part63, SubpartW) 

### (xxx) Emission standards for hazardous air pollutants for ferroalloys production: ferromanganese and

silicomanganese. These standards apply to all new and existing major sources offerroalloys production offerromanganese and silicomanganese. Affected processes include, but are not limited to, submerged arc furnaces, metal oxygen refining (MOR) processes, crushing and screening operations, and fugitive dustsources (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 ofnutritional 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 orwork 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 newand 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, soybeanoil 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 majorsource, is located at a major source, or is part of a major source of emissions of hazardous air pollutants. Additional applicability criteria and exemptions fromthese 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 frommetal . (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

orexisting 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 pollutantemissions. (Part 63, Subpart YYYYY) (zzzzz) . Emission standards for hazardous air pollutants for iron and steel foundry area sources. This standard

applies to newor 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 HazardousAir 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 chromiumcompounds and are area sources for hazardous air pollutants. (Part 63, Subpart NNNNNN) (oooooo) . Emission standards for hazardous air pollutants for flexible polyurethane foamproduction and fabrication

area sources. This standard applies to plants that produce flexible polyurethane foamor 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 newif construction or reconstruction commenced afterApril 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 newif construction or reconstruction commenced afterApril 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 newif construction or reconstruction commenced afterApril 4, 2007. (Part 63, Subpart QQQQQQ) (rrrrrr) Emission standards for hazardous air pollutants for clay ceramics manufacturing area sources. This

standard applies to any newor 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 newor 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 rawmaterials to produce molten glass and form themolten 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 rawmaterials 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, orthe clearing ofland; (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: calciumchloride, magnesiumchloride, 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 below35 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 newparagraphs: (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 iftraveling 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 FromPermit Requirements. Introductory Paragraph is deletedand the following are adopted In lieu thereof: Apermit 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 NonattainmentAreas (IAC 567-22.5(455B) . 

### 22. Article X. Permits, Division 1 . Construction Permits, Section 5-33. Exemptions FromPermit Requirements. Subsection (9) is deleted and the following are adopted in lieu thereof: (9) Asbestos demolition and renovation projects subject to 40 CFR61 .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 FromPermit Requirements. Subsection (17) is deleted and the following are adopted in lieu thereof: (17) Retail gasoline and diesel fuel handling facilities with throughput below10,000 gallons per month (Thirty-Day

Rolling Average Usage Records) . Thefacility must be able to demonstrate, within 24 hours upon requestto this Department that their throughput is belowthe monthly (Thirty-Day Rolling Average Usage Records) 10,000 gallon limit. Apermit will not be required if the alterations to the equipment will not change the emissions fromthat equipment. However, a reviewof 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 FromPermit 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 byweight. 

### (56) Emissions frommobile 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 majorsources 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 fromone 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 newlocation. The owner or operator will ~e notified at least ten days prior to the scheduled relocation if said relocation will cause disapproval ofthe 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 FromPermit 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 CFR61 .145 as amended through July 15, 1994 as amended in 567 IAC22.1(2)"k" . (6) Gasoline storage tanks with a capacity of 5,000gallons 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 200,000gallons. 

### (11) Retail gasoline and diesel fuel handling facilities with throughput below10,000 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 belowthe monthly (Thirty-Day Rolling Average Usage Records) 10,000gallon limit. Apermit will not be required ifthe alterations to the equipment will not change the emissions fromthat equipment. However, a reviewof the project plans by the APCDmay be required to substantiate the permitexemption. 27. Article X

. Permits, Division 2. Operating Permits, Section 5-39. Exemptions FromPermit 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 byweight. (49) Emissions frommobile 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 ElectricityGeneration 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 2megawatts in capacity fora period of not longer than 10calendar days and onlyforthe purpose of providing electricity generation in the eventofa sudden and unforeseen disaster that has disabled standard transmission ofelectricity to the public. Department approval shall be required if the electric utility intends to operate generators for a period longer than 10calendar days. Theelectric 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. Awritten report shall be submitted to the department within 30calendar days following the cessation of use of the generators. Thewritten report shall state the nature of the sudden and unforeseen disaster, the location of each site, the numberofgenerators used, the capacity of the generators used, the fuel type of the generators, and the duration of use of each generator. Forpurposes ofthis 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 forthe particular provision, section or Regulation, anyperson violating any provision of this Regulation, or any rule or Regulation adopted or issued in pursuance thereof, orany provision of any code adopted herein by reference shall, upon conviction, be subjectto oneof the following: 

### Criminal (a). Aperson who knowingly violates any provision ofthis chapter, any permit, rule, standard, or orderissued under this chapter, or any condition or limitation included in any permit issued underthis chapter, is guilty of an aggravated misdemeanor. Aconviction for a violation is punishable by a fine of not more than ten thousand dollars for each dayofviolation or by imprisonment for not more than twoyears, or both. If the conviction is for a second or subsequent violation committed by a person underthis section, however, the conviction is punishable by a fine of not more than twenty thousand dollars foreach day ofviolation or by imprisonment for not more than four years, or by both. 

### (b). Aperson who knowingly makes any false statement, representation, or certification ofany 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 chapteror whofalsifies, tampers with, or knowingly renders inaccurate any monitoring device ormethod required to be maintained underthis chapter, or by any permit, rule, standard, or order issued under this chapter, orwhoknowingly fails to notify or report as required by this chapter or by any permit, rule, standard, or order issued underthis 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 perviolation or by imprisonment for not more than oneyear, 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 morethan two years, or by both. 

### (c). Aperson who knowingly fails to pay any fee owed under any provision of this chapter, or any permit, rule, standard, or order issued underthis chapter, is guiltyofan aggravated misdemeanor punishable by a fine of not more than ten thousand dollars per day perviolation or by imprisonment for not more than six months, or by both. If the conviction is for a second or subsequent violation underthis paragraph, however, the conviction is punishable by a fine of not more than twenty thousand dollars foreach day ofviolation orby imprisonment for not more than one year, or by both. (d). Aperson who negligently releases into the ambient air any hazardous air pollutant or extremely hazardous substance, and whoat the time negligently places another person in imminent danger ofdeath orserious bodily injury shall, upon conviction, be punished by a fine of not more than twenty-five thousand dollars for each day ofviolation or by imprisonmentfor not more than oneyear, or by both. If the conviction is fora second orsubsequent negligentviolation committed by a person underthis section, however, the conviction is punishable by a fine of not more than fifty thousand dollars for each day ofviolation or by imprisonment for not more than twoyears, or by both. (e). Aperson who knowingly releases into the ambient air any hazardous air pollutant or extremely hazardous substance, and whoknows at the time that the conduct places anotherperson in imminent danger of death or serious bodily injury shall, upon conviction, if the person committing theviolation 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 twoyears, or byboth. However, if the person committing theviolation 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 Apenaltyas determined by the Court, notto exceed ten thousand dollars per day for each day such violation continues as provided in Section 455B.146 Code of Iowa. Aseparate violation exists with respect to each itemor piece of equipmentwhich is not in compliance with this Chapter. Arepeat offense is a

### violation of any provision of this Chapter, orany 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 professionaljudgment of the Health Officer, theviolation 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 professionaljudgment of the Health Officer, theviolation is so minorthat a lesser penalty would be appropriate: 

### Civil Penalty Schedule First Second Third or Offense Offense Subsequent Offense Violation on the premises ofa single or two-family $100.00 $500.00 $1000.00 dwelling, by the owneror a resident ofthat dwelling. All otherviolations No apparent economic gain as a result ofthe 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 orderissued under this chapter, or any $2000.00 $5000.00 $10,000.00 condition or limitation included in any permit issued under this chap

ter. 

### Submission of false statements, representations, or $1000- $4000- $8000- certifications ofany 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 whofalsifies, tampers with, 

### or knowingly renders inaccurate any monitoring device or method required to be maintained underthis chapter, or by any permit, rule, standard, or order issued under this chapter, orwhoknowingly fails to notify or report as 

### required by this chapter or by any permit, rule, standard, ororder issued underthis chapter, or by any condition or limitation included in any permitissued under this chap ter 

### Failure to pay any fee owed underany provision ofthis $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 programapproved 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 ofthe local program ; and W-IIEREAS, the Polk County Air Quality Director believes it advisable to amend the current air pollution control programrules 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 RESOLVEDthat, 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 ofpublication ofthe amendments pursuant to Section 137.6(2)(a) ofthe Code of Iowa; and BE 1T FURTHER RESOLVEDthat, 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 BOARDOF SUPERVISOI :S Acting in its capacity as the POLK COUNTY LOCAL BOARDOF HEALTII (For adoption) and acting as the 

### POLK COUNTY BOARDOF SUPERVISORS or - pproval



### MMENDEDFORAPPROVAL.: ry I Polk County Public

Ralph E.'Marasco, Jr. Assistant County Attorney Fiscal Impact : None

.- ~~ 

### Chairperson V dl/,~r~



### _ CAtt_ FORALLOWANCE



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### Res. No, 107-09 June 23, 2009 RESOLUTION Moved by 

### resolution be adopted; WHEREAS, the PolkCounty Local Board ofHealth conducts a local air pollution control program approved by the Director ofthe Iowa Department ofNatural Resources pursuant to Iowa Code Section 455B.145; and WHEREAS, Chapter V ofthe Rules and Regulations ofthe Polk County Local Board ofIIcalth sets out the rules and requirements ofthe local program ; and WHEREAS, the Polk County Public Works Director believes it advisable to arnend the current air pollution control programrules in the manner set out in Exhibit Ato 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 programmore efficient and retain approval under section 455B.145; 

### NOW THEREFORE BE IT RESOLVEDthat 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 ofthe Sixty-Eighth General Assembly, 1980 session, Chapter 1001, Section 20and Supervisors' Resolution ofJanuary 6, 1981, does hereby propose that Chapter V ofthe Polk County Local Board of Health rules and regulations be amended as set forth in Exhibit Ato this Resolution. BE IT FURTHER RESOLVEDthat pursuant to 40C.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 ofHealth on Tuesday, July 28, 2009, in Room120, Polk County Administrative OfficeBuilding, at which time and place any citizen desiring to cornment on the proposed amendments may appear and be heard; and BE IT FURTHERRESOLVED that the County Auditor is hereby requested to cause notice of said hearing in substantially the formset forth as Exhibit Bto this Resolution to be published in a newspaper ofgeneral circulation in the county on twooccasions, the first not less than thirty (30) days priorto 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 BOARDOF SUPERVISORS Acting in its capacity as the 

### POLK COUNTY LOCAL BOARDOF HEALTH 

# d 1/,ce- Chairperson b~/Q~'~y~p~1' , Seconded by that the following



### 8R AW RECOMMENDED F ~--ry-- L! Land Polk County I ublic W

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Assistant County Attorney Fiscal Impact: None 

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_gg MW undersigned, being firstdutysworn on Qatb,states ik3t shdlle is Accounting Specialist ~~AAP "r' vzlGlr ofTheDes Moines RegisterandTribuneCompany, acorporationdulyorganizedandcxisting underthe lawsoftheState ofIowa.with its principal place of business in Des Moines, Iowa, th epublisherof 

### THE DES MptNESREGISTER (Daily) DES MOINES SUNDAY REGISTER newspapers ofgeneral circulation printed and published intheCityofDes Moines, PoikCwmy, Iowa, andthat anadvertisement, a printedcopyof whichisattachedas Exhibit Wand madea part of this affidavit,was printedandpublishtdin ika Des ManesRegister (dail ) onft followingdates 

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# rraa,yPublicinandfor " tyeol,

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stbwt eAdt1- :716Locust Streak Des Moines, tA50309 ~ oAllng address: PO . Booc 957. Des Moines, b46Q805 " (515) 2844000

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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

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R981 BOARDOFHEALTH, RULES & REGULATIONS iT HAPTERV

. At R POLLUTION ' iofy 281h, 2409, Pol!= . County adopted changes to Polk Countti Ciuo a

l of Health Rurcs ono Reuulations Chapter V. Air Pollution. Theprimary purpose ~` !he adopted changes is to wd., vecountyairquality rulesto

to Federal and State v~ronntentol Protection r ~nlssion rules at lo+nco fminrslrotiveCode Division ' Title 11, thus allowing the a;c nty Programto 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 emissionstantford; tnr

. : rtain Industrial Processc, uodatePerformance tesr fur ;fcyck emissions,update andadd additional emf sfon standards fur hazardousa

~r pollutants for source categories, update fugltive dust regulations, odd r:xempt ionsfor 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, t515i28 b-3351 . -_.` 

### 1 offhe 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

SUSANHAZEL-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 BOARDOF 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 airquality rules to confnrrn to Federal and State Environmental Protection Co:nrnission rules at Iowa AurninistratIve 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 emissionstandards 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 constructionand 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, 5885NE 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 PUBLICATIONANDCOST

STATE OF IOWA County of Polk 

### ss. BOARDOF HEALTH, RULES ®ULATIONS CHAPTERV., AIRPOLLUTION

BOARDOF HEALTH, RULES®ULATIONS CHAPTERV, AIRPOLLVTWN 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 amthe publisher ofthe 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 ofDes Moines, Polk County, Iowa ; and that the attached notice was published in said newspaperon : August 3, 2009

f 

### SulYscribedand sworn to before me by Janette Larkin this 3rd , dayof August , A .D . 2009

y <

:zrr: ,IS:,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 9:30a.m . in Room120, Polk County Administrative Office building, 111 CourtAvenues, 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 forcertain industrial processes, update performance test for stack emissions, update and add additional emission standards for hazardous air pollutants forsource 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 arethefollowing: 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, Room230, Polk CountyAdministration Building. Anycitizen desiring to comment on the proposed amendments may appear and be heard.



## Jamie Fitzgerald Polk CountyAuditor