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# i AFFIDAVITOFPUBLICATIONAND COST STATEOFIOWA } CountyofPolk ss. POLKCOUNTYBOARD OFHEALTHRULESANDREGULATIONS- CHAPTERVAIR POLLUTION POLKCOUNTY

# BO~D OF HEALTH 

# RULES AND REGULATIONS S

# C~apterVA& Pollution 

# umrnaryofPiop:>sed

# AfJtions

# g;e~f1

# .~ 2): 

# Routinif.updates·cmct addition A**~**

# J?l**~** 

# for consiStency with. 567 

# Iowa

# ni~trative Gxie

# (~C) references cmct defi

# The PTOPJSed amendments ar

# ~JXiate.to bring 

# the Board of

# Heal~**~~u!~ ~ations,**  Chapter 

# V-Air Pollution up-to-d 

# t 

# with567

# IowaAdministrative Ox:i (lAC) 

# a e (Items 

# 3, 4 and 5): Rescind NSPS

# ~d**},~HAP** standards.**~1uv** 

# The rescissions_pro}XlSed for air 

# taxies cmd new 

# sourcepertonncmce stcmdmds affect 

# industries that 

# donotcunenU¥op::rate in

# Iowa, andare unlikely to operate m Iowa 

# in the future 

# In recent rulema:king, the IDNR rescinded

# ·th~ sfcmdarctsfromthe

# Io-.•taAdministrati Cod (Item

# 6): NSPS and NESHAPslcmdardsvead tie. 

# byreference. op on The :r:muc Wmks Depa:rbnent proposes the I 

# adoptionoffederalairtoxicsstcmdarcts(NESHAP) 1 

# andnewsourceperformancestandards (NSPS) 

# i which

# ''11!1 provide regulatory benefits. 

# PubliC 

# health \'!ill benefit from reductions 

# in 

# air t 

# i 1cs controlled under the 

# NESHAP ox- 1 

# OJ?Srators of affected facilities

# 'm~~~~**~d** ·' 

# \•nth federal air taxies stcmctard.s regard! 

# P Y 1 · whether 

# the 

# cotmty in 

# ess o standar?s into 

# the

# &xrr~~r~~~~~!~ Regulation, Chapter 

# V-Air Pollution. Therefore

# lh**.:._~codsq::or~fon** by reference of the federal 

# s u..t.......

# ar Will

# not im}X!Se to the affected 

# facilities 

# anyadditional

# costs · The Department pro-

# ~C:d~ amendments to existingair taxflexibility

# anct**~!~SPS ~**  gene!allYprovlde tional

# coststomost

# ait::;:ed**t~·** lllliX>Se

# addi-

# ~erns 7, 

# 8, 9, 10, 11 and 

# 12):

# Pe~~Exemptions .



# e Public Works Department pro

# c~es to some of the

# construction~**o:;!~** ating 

# P8!IDit exemptions 

# in sup!=X)rt of 

# the _ rent National Ambient Air Quality

# Stcmdar~ <NAAQS( f?r Po:rticulate Matter 

# (PM2.5), Lead Sulfur Dioxtde 

# (S02), cmd 

# Oxides of 

# Nitr

# e~**<NOx~.** To provide regulatory flexibilit cgth 

# P9l11'l1:t exemptionsmeforlow-emittin

# ~ e 

# l. Article

# 1. InGeneral Section

# 5-I

# ~

# ces. Amblent Air Quality

# Standards 

# Subsectio and and

# (c~ is cunended 

# by delellilg the

# e~b)

# f=~ns andthefollowingis adopted

# in

# lie~ (c) 

# All references to 567 lAC Chapter 

# 20 amendedthrough Mmch 

# 18 2015 are 

# Allreferencesto567lACChaPter

# 21. edthroughSeptember 

# 10 2008 

# areamend

# Allreferencesto

# 567 lAC

# c':hapt~r22 edthrough. 

# Merrell 18, 2015. 

# areamend- :;}

# :;;;~~~~~~c~~~io~.apter23areamend

# All References to 

# 567 lAC 

# Ch cunendedthroughOctober20 20f6ter 24 are 

# Allreferencesto

# 567

# IACCh 't · edtlnoughMarch 

# 18, 2015.aper25arearnendAllreferencesto567 IACChapter26meamend

# I, JanetteLarkin ,onoath deposeand say thatI am the publisher ofthe Business Record, a newspaper of general circulation having a bona fide paid circulation recognized bythe Postal Laws ofthe United States; established and published regularly and wholly intheEnglishlanguage and mailedthroughthepostofficeofcurrententryformorethantwo yearsinthe CityofDesMoines,PolkCounty,Iowa;andthatthe attachednoticewaspublishedinsaidnewspaperon : October 16, 2015 

# St::::::.t:!f:me by 

# J'"''" LMki"

# th~Jth. dayo.f Octobe.r ,A.D. 2015

I

# ~~f>_ 

# qb
Date.__**~---** 

# BusinessRecord By ______________________ ___POLK CQUNTY NOTICES .,...,..,-------:->

ed through November 16, 2008.

All references to 567 lAC Chapter 28 are **amend~**

ed. through September 18, 2013.

All references to 567 lAC Chapter 29 are amendM

ed. through April 8, 1998.

All references to 567 lAC Chapter 33 are amendM

ed. through March 18. 2015.

All references to 567 IAC Chapter 34 are arnendM

ed through October 7, 2009.

2. Article I. In General. Section 5-2. Definitions

are amended as shown below, and by inserting the following additional definitions :In proper

alphabetical order 'Within Section 5-2: **~Responsible** official" means one of the following:

1. For a col'}X>ration: a president, secretary,

treasurer, or vice-president of the corporation

in chmge o! a principal business function, or

any other person who performs sirnllar policy

or decision-making functions for the corporation, or a duly authorized representative of such

person if the representative is responsible !or the

overall operation of one or more manuiactunng,

production, or operating facilities applying for

or subject to a permit and either: The facilities

employ more than 250 persons or hrore gross

armual sales or expenditures exceecling $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 pa:rtnershit or· sole proprietorship: a

general partner or the proprietor, respectively;

3. For a **mun.icipq"'·~r,** state, federal, or other

public agency: eitL'2! a principal executive **offi~**

cer or ranking elected official. For the purposes

of this chapter, a principal executive officer

o! a federal agency includes the chief exeCutive officer hcrving responsibility for the overall

operations of a principal geographic unit of

the agency (e.g., a regional administrator of

EPA); or

4. For Title N crltected sources: The designated

representative insofar as actions, standards,

requirements, or prohibitions under Title N of

the Act or the regulations promulgated thereunder are concerned; and the designated representccti.ve ior any other purposes under this

chapter.

"Volatile Orgc:mlc Compounds" means VOC as

found in 40 CFR Part 51.100(s) as amended

through March 24, 2008, March 27, 2014, as

adopted by reference in 567 lAC 20.2.

3. The Introductory paragraph of Article V1.

Emission of Air Conta::rnincmts From Industrial

Processes, New source performance standards,

Section 5-16(n), Paragraphs (7, 8, 13, 14, 15

& 16) are rescinded by deleting the existing

pcuagraph and the following is adopted in lieu

thereof:

(7) Petroleum refineries. (Subpart J) Rescinded.

(8) Secondary lead smelters. (Subpart L)

Rescinded.

(13) Primary copper smelters. (Subpart P)

Rescinded.

(14) Primary zinc smelters. (Subpart Q)

Rescinded.

( 15) Primary lead smelter, (Subpart R) Rescinded

(16) Primary aluminum reduction plants.

(Subpart S) Rescinded. .

4, Article VIII. National Emission Standards for

Hazardous Air Pollutants for Source Categories,

Section 5 l6(p). Emission standards for **hazard~**

ous air pollutants, Paragraphs (2, 3 & 10) are

rescinded by deleting the existing paragraph and the follo"Wil)g is adopted in lieu thereof:
(2) Beryllium. (Subpart C) Rescinded.

(3) Beryllium rocket motor :firing, (SUbpcrrt D)

Rescinded.

(10) Iriorga:nic arsenic emissions from prlmaiy

copper smelters. (SUbpart 0) Rescinded.

5. Article VIII, National ·Emission Standards for

Hazardous Air Pollutants !or Source Categories,

Section 5-20, National Erniss1on Standards for

Hazardous Air Pollutcmts for Source Categories,

Paragraph (j, ), is amended by deleting the

existing paragraph and the following is adopted in lieu thereof:

(j) Emission standards for hazardous air pollutants for polyv1nyl chloride and copolymers production. (Part 63, Subpart J) Rescinded.

(p) Emission standards for primary aluminum

reduction plants. (Subpart LL) Rescinded,

(X) National emission standards for hazardous

air pollutants from secondary lead smelting.

(Subpart .X). Rescinded

(cc) National emission standards for hazardous

air pollutants from petroleum refineries. (Subpart

CC). Rescinded.

(ii) Emission standards for hazardous air pollutants for shipbuilding and ship repair (surface

coating) operations. (Subpart ll). Rescinded.

01) Emission standards for hazardous air **pollut~**

ants for primary aluminum reduction plants.

(SUbpart LL). Rescinded. ·

(ccc) Emission standards for hazardous crir pollutcmts for steel pickling-HCL process facilities

and hydrochloric acid regeneration plants:

(Subpart CCC). Rescinded.

(qqq) Emission stcmdards for hazardous air, pol."

lutcmts for primary copper smelting (SUbpart

QQQ). Rescinded. .

(ttl) Emission stcmdards for hC:rzardous air pollutants for primary lead smelting. (Subpart TTI'),

Rescinded. ·

(rrm) Emission standards for hazardous air pol- ·

lutants:. taconite"iron ore· processing. (Part 63,

Subpart RRRRR) Rescinded.

(ttttt) Emission standards for hazardous air pollutants: primary magnesium refi:n±ng. (Part 63,

subpart mrr) Rescinded.

6. Article VIII. National Emission Standards for

Hazardous Air Pollutants for Sourc.e Categories,

Section 5-20 .. National Emission Standards for

Hazardous Air Pollutants for Source Ccrtegories

is amended by adding the .following new paragraphs:

Ctttt) Emission stcmdards for hazardous air **pol~**

lutants for leather finishing operations This standard applies to a new or existing leather .finishing operation that is a major source of hazardous

air pollutcmts CHAPs) emissions or that is located

at, or is part of. a major source of HAP emissions. In general, a leather finishing operation

is a single process or group of processes used to

adjust and improve the physical and aesthetic

chco:acteristlcs of the leather surface through

multistage application of a coating comprised

of dyes, pigments, film-fonniDg materials, and

performance modifiers dissolved or suspended

in liquid cco:riers. (Subp::rrt TTI"').

(ZZZZ) Emission standards for stationary reciprocating internal combustion engjnes. These standards apply to new and existing major sources

with stationary reciprocating internal combustion engjnes (RICE). For purposes of these

stcmdards, stationary RICE means any reciprocating internal combustion engine which uses

reciprocating motion to convert heat energy into mechanical work and which is not mobile, (Part 63, SubpO:rt 'Z2Zl, as amended through

January 30, 2013),

(ddddd.d) to (gggggg) Reserved.

(vvvvvv) Emission standards for hazardous alr

pollutants for area sources: chemical manufactu:r.ing. This standard applies to chemical

manufacturing at new and extsting facilities

that are area sources for hazardous air pollutant

emissions. (Part 63, Subpart VVVVVV)

Cddddddd) Emission standards for hazardous air

pollutants for area sources: prepared feeds **man~**

ufactu:r.ing, This standard applies to prepared

feeds mcmutacturing that produces animal feed

products (not including feed for cats or dogs)

and uses chromium or manganese compounds

at new and existing· facilities that are area

sources for hazardous air pollutant emissions.

(Part 63, Subpart DDDDDDD)

7, .Article X. Pennits, Division 1, Construction

Pem:rits, Section 5-33. Exemptions from Permit

Reqt.tirements, Introductory paragraph are

amended by adding the paragraph:

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.

8. Article X. Pennits, Divlsion 1. Construction

Permits, Section· 5-33. Exerr1.ptions from Permit

Requirements, Introductory paragraph me

amended by deleting the existing paragraph

and the following is adopted in lieu thereof:

(51) Electric .hand soldering, wave soldering,

and electric solder paste reflew ovens shall be

limited to 37,000 pounds or less per year of leadcontaining 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' so19-er is less than the exemption thresholds.

(56) Emissions from mobile over-the-road trucks,

and mobile agricultural and construction internal combustion engjnes 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 me not major sources as defined in

this Chapter,

9. Article X, Pennits, Division 1. Construction

Permits, Section 5-33. Exemptions from Pennit

Requirements, Introductory paragraph are

amended by inserting the following paragraphs:

(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

455B.161). The equipment covered under this

exemption is limited to: lab hoods, art class

equipment, wood shop equipment in classrooms, wood fired p::Jttery 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.

(59) Any container, storage tcmk., or vessel that

contcrlns a :fluid having a maximum true vapor

pressure of less than 0.75 psia. "Maximum true

vapor pressuxes 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** rorerage of the material

storage temperah.lre,

(60) Fugitive dust emissions related to move-

ment 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 sub-

mitted as required by the Health Officer.

10. Article X. Permits, Divlsion 2. Operating

Pem:rits, Section 5-39 Exemptions from Permit

Requirements, Introductory paragraph are

amended by adding the paragraph:

The permitting exemptions in this section do

not relieve the owner or operator of any source

from any obligation to comply VYith. cmy other

applicable requirements.

11, Article X. Permits, Division 2. Operating

Permits, Section 5-39 Exemptions from Pennit

Requirements, Introductory paragraph are

amended by deleting the existing paragraph

and the following is adopted in lieu thereof:

(44) Electric hand soldering, wave soldering,

and electric solder paste retlow 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.

(49) Emissions irom mobile over-the-road trucks,

and mobile agricultural and construction inter-

nal combustion engines that are operated only

for .repair or maintenance pU!J..X)ses at equip-

ment repair shops or equipment dealerships,

and only when the repair shops or equipment

dealerships are not major sources as defined in

this Chapter.

12. Article X. Permits, Division 2. Operating

Pennits, Section 5-39 Exemptions from Permit

Requirement, is amended by inserting the fol-

lowing paragraphs:

(53) Equipment that is not related to the **produc~**

tion of goods or services and used exclusively

for academic purposes, located at educational

institutions (as defined in Iowa Code section

455B,l61), The equipment covered under this

exemption is limited to: lab hoods, art class

equipment, wood shop equipment in class-

rooms, wood fired pottery kilns, and fuel-burn-

ing units with a capacity of less than one million

Btu per hour fuel capacity, This exemption does

not apply to incinerators.

(54) Any container, storage tcmk., or vessel that

contains a fluid having a maximum true vapor

pressure of less than 0.75 psia. "Maximum true

vapor pressures means the equllibrium par-

tial 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 ambi-

ent temperature, the temperature equal to the

highest **calendar~month** average of the material

storage temperature.

(55) Fugitive dust emissions related to move-

ment of passenger vehicl(:.'S on unpaved road

surfaces, provided that the emissions are not

counted lor applicability purposes and that any

fugitive dust control plan or its equivalent is sub-

mitted as required by the Health Officer.