UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 7 

REVISED TSD 6/8/16 

MEMORANDUM 

11201 Renner Boulevard 

Lenexa, Kansas 66219 

SUBJECT: Technical Support Document (TSD) for Polk County Board of Health Rule and 

Regulations, Air Pollution, Chapter V, 2015 Revisions to the Iowa State Implementation 

Plan (SIP) 

FROM: 

TO: 

THRU: 

Heather Hamilto~ 

Iowa State Coordinator tr;/q/ J I 

A WMD/ APDB/CPPS ~ 

IA-172, EPA-R07-0AR-2016-0045 

Amy Algoe-Eakin 

Section Chief 

AWMD/APDB/AtPS 

Mike Jay 

Branch Chief 

AWMD/APDB 

ANALYSIS OF SIP REVISION 

The State of Iowa has requested EPA approval of revisions to the local agency's rules and regulations, 

"Air Pollution," Chapter V as a revision to the SIP. In order for the local program's rules to be 

incorporated into the Federally-enforceable SIP, on behalf of the local agency, the state must submit the 

formally adopted regulations and control strategies, which are consistent with the state and Federal 

requirements, to EPA for inclusion in the SIP. The regulation adoption process generally includes public 

notice, a public comment period and a public hearing, and formal adoption of the rule by the state 

authorized rulemaking body. In this case, that rulemaking body is the local agency. After the local 

agency formally adopts the rule, the local agency submits the rulemaking to the state, and then the state 

submits the rulemaking to EPA for consideration for formal action (inclusion of the rulemaking into the 

SIP). EPA must provide public notice and seek additional public comment regarding the proposed 

Federal action on the state's submission. 

On November 25, 2015, the Iowa Department of Natural Resources (IDNR) requested to amend the SIP 

to include updates to the Polk County Board of Health Rules and Regulations. The notice of public 

hearing for the Polk County revisions was published in The Des Moines Register on September 4, and 

September 21, 2015. No written or oral comments were received during the comment period that 

extended from September 1, through October 6, 2015. Revisions to the Polk County Board of Health 

Printed on Recycled Paper 
Rules and Regulations were adopted by the Polk County Board of Supervisors on October 6, 2015, 

following the public hearing and public board meetings. The effective date of the revisions is 

October 12, 2015. 

REVISIONS FOR APPROVAL 

All revisions are consistent with the federally-approved Iowa SIP and are as follows (revisions 

distinguished by strikeouts/underline font): 

Article I. In General, Section 5-1. 

PURPOSE AND AMBIENT AIR QUALITY STANDARDS. 

The following section was updated in its entirety to revise the "amended through" date consistent with 

the federally-approved Iowa SIP: 

(c) All references to 567 IAC Chapter 20 are amended through March 18, 2015. 

All references to 567 IAC Chapter 21 are amended through September 10, 2008. 

All references to 567 IAC Chapter 22 are amended through March 18, 2015. 

All references to 567 IAC Chapter 23 are amended through March 18, 2015. 

All References to 567 IAC Chapter 24 flfe amended through October 20, 2010. 

All references to 567 IAC Chapter 25 are amended through March 18, 2015. 

All references to 567 IAC Chapter 26 are amended through November 16, 2008. 

All references to 567 IAC Chapter 28 are amended through September 18, 2013. 

All references to 567 IAC Chapter 29 are amended through April 8, 1998. 

All references to 567 IAC Chapter 33 are amended through March 18, 2015. 

All references to 567 IAC Chapter 34 are amended through October 7, 2009. 

NOTE: The reference to 567 IAC Chapter 24 is removed from this TSD as requested by the 

state in an e-mail dated April 14, 2016. 

Article I. In General, Section 5-2. 

Definitions. 

NOTE: Definitions do not relate to emission limitations. 

The following definition was added and is consistent with the federally-approved Title V program: 

"Responsible official" means one of the following: 

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

of a principal business function, or any other person who performs similar policy or decisionmaking functions for the corporation, or a duly authorized representative of such person if the 

representative is responsible for the overall operation of one or more manufacturing, production, or 

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

persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 

dollars); or the delegation of authority to such representative is approved in advance by the local 

program. 

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

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

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

agency includes the chief executive officer having responsibility for the overall operations of a principal 

geographic unit of the agency (e.g., a regional administrator of EPA); or 

4. Title IV affected sources: The designated representative insofar as actions, standards, requirements, or 

prohibitions under Title IV of the Act or the regulations promulgated thereunder are concerned; and the 

designated representative for any other purposes under this chapter. 

The following definition was revised and is consistent with the federally-approved Iowa SIP: 

Volatile Organic Compounds" means VOC as found in 40 CFR Part 51.lOO(s) as amended through 

March 27, 2014, as adopted by reference in 567 IAC 20.2. 

Article X. Permits, Division 1. Construction permits, Section 5-33. 

5-33. Exemptions from Construction Permit Requirements. 

NOTE: Provisions are permit exemptions and do not relate to emission limitations. 

The following introductory paragraph has been added to this section to clarify and strengthen the 

language of the permitting exemptions. 

The permitting exemptions in this section do not relieve the owner or operator of any source from any 

obligation to comply with any other applicable requirements. 

Exemptions were revised as follows (underlined): 

(51) Electric hand soldering, wave soldering, and electric solder paste reflow ovens-:- shall be limited to 

37,000 pounds or less per year of lead-containing solder. Records shall be maintained on site by the 

owner or operator for at least two calendar years to demonstrate that use of lead-containing solder is 

less than the exemption thresholds. Consistent with the federally-approved Iowa SIP 567-22.1. 

(56) Emissions from mobile over-the-road trucks, and mobile agricultural and construction internal 

combustion engines that are operated only for repair or maintenance purposes at equipment repair shops 

or equipment dealerships, and only when the repair shops or equipment dealerships are not major 

sources as defined in this Chapter. Consistent with the federally-approved Iowa SIP 567-22.1. 

The following are additions to the list of small units exempted from construction permitting: 

(58) Equipment that is not related to the production of goods or services and used exclusively for 

academic purposes, located at educational institutions (as defined in Iowa Code section 4558.161). The 

equipment covered under this exemption is limited to: lab hoods, art class equipment, wood shop 

equipment in classrooms, wood fired pottery kilns, and fuel-burning units with a capacity of less than 

one million Btu per hour fuel capacity. This exemption does not apply to incinerators. Consistent with 

the federally-approved Iowa SIP 567-22.1. 

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(59) Any container, storage tank, or vessel that contains a fluid having a maximum true vapor 

pressure ofless than 0.75 psia. "Maximum true vapor pressure" means the equilibrium partial pressure of 

the material considering: For material stored at ambient temperature, the maximum monthly average 

temperature as reported by the National Weather Service, or for material stored above or below the 

ambient temperature, the temperature equal to the highest calendar-month average of the material 

storage temperature: Consistent with the federally-approved Iowa SIP 567-22.1. 

(60) Fugitive dust emissions related to movement of passenger vehicles on unpaved road surfaces, 

provided that the emissions are not counted for applicability purposes and that any fugitive dust control 

plan or its equivalent is submitted as required by the Health Officer. Consistent with the federallyapproved Iowa SIP 567-22.1. 

Article X. Permits, Division 2. Operating Permits, Section 5-39. 

5-39. Exemptions from Annual Operating Permit Requirement. 

NOTE: Provisions are permit exemptions and do not relate to emission limitations. 

The following introductory paragraph has been added to this section to clarify and strengthen the 

language of the annual operating permit exemptions. 

The permitting exemptions in this section do not relieve the owner or operator of any source from any 

obligation to comply with any other applicable requirements. 

Exemptions were revised as follows (underlined): 

(44) Electric hand soldering, wave soldering, and electric solder paste reflow ovens shall be limited to 

37,000 pounds or less per year of lead-containing solder. Records shall be maintained on site by the 

owner or operator for at least two calendar years to demonstrate that use oflead-containing solder is 

less than the exemption thresholds. See comment at 5-33 (51). 

( 49) Emissions from mobile over-the-road trucks, and mobile agricultural and construction internal 

combustion engines that are operated only for repair or maintenance purposes at equipment repair shops 

or equipment dealerships, and only when the repair shops or equipment dealerships are not major 

sources as defined in this Chapter. See comment at 5-33 (56). 

The following are additions to the list of small units exempted from operating permits: 

(53) Equipment that is not related to the production of goods or services and used exclusively for 

academic purposes, located at educational institutions (as defined in Iowa Code section 4558.161 ). The 

equipment covered under this exemption is limited to: lab hoods, art class equipment, wood shop 

equipment in classrooms, wood fired pottery kilns, and fuel-burning units with a capacity of less than 

one million Btu per hour fuel capacity. This exemption does not apply to incinerators. 

See comment at 5-33 (58). 

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(54) Any container, storage tank, or vessel that contains a fluid having a maximum true vapor 

pressure ofless than 0.75 psia. "Maximum true vapor pressure" means the equilibrium partial pressure of 

the material considering: For material stored at ambient temperature, the maximum monthly average 

temperature as reported by the National Weather Service, or for material stored above or below the 

ambient temperature, the temperature equal to the highest calendar-month average of the material 

storage temperature. See comment at 5-33 (59). 

(55) Fugitive dust emissions related to movement of passenger vehicles on unpaved road surfaces, 

provided that the emissions are not counted for applicability purposes and that any fugitive dust control 

plan or its equivalent is submitted as required by the Health Officer. See comment at 5-33 (60). 

The definition for Maximum Achievable Control Technology (MACT) definition was included 

in the September 2013 SIP submission for Polk County; however, EPA inadvertently omitted the 

definition from the Federal Register notice. 80 FR 1471. The definition ofMACT is consistent with the 

federally-approved Iowa SIP 567-20.2, and is being approved with this action: 

Maximum Achievable Control Technology (MACT) means the following regarding regulated hazardous 

air pollutant sources: 

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

emissions that the administrator or the department, taking into consideration the cost of achieving such 

emission reduction, and any non-air quality health and environmental impacts and energy requirements, 

determines is achievable by sources in the category of stationary sources, that shall not be less stringent 

than the MACT floor. 

2. For new sources, the emission limitation which is not less stringent than the emission limitation 

achieved in practice by the best-controlled similar source and which reflects the maximum degree of 

reduction in emissions that the administrator or the department, taking into consideration the cost of 

achieving such emission reduction, and any non-air quality health and environmental impacts and 

energy requirements, determines is achievable by the affected source. 

As specifically identified in the November 25, 2015, submission from IDNR, EPA is requested not to 

act on the following: 

• Article VI. Emission of Air Contaminants from Industrial Processes, New Source Performance 

Standards, Section 5-16(n), 

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

Section 5-16(p ), and, 

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

Section 5-20. 

Record of Rulemaking 

Iowa Department of Natural Resources 

Notice of Public Hearing September 4 and September 21, 2015 

Adopted by Board October 6, 2015 

Effective date of Revisions October 12, 2015 

Rule package received by EPA December 8, 2015 

Completeness determined December 22, 2015 

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