Iowa Administrative Bulletin

VOLUME XXXIV, NUMBER 21

April 18, 2012

Pages 1364-1372

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ARC 0097C

ENVIRONMENTAL PROTECTION COMMISSION[567]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 455B.133, the Environmental 

Protection Commission hereby gives Notice of Intended Action to amend Chapter 33, 

“Special Regulations and Construction Permit Requirements for Major Stationary 

Sources—Prevention of Significant Deterioration (PSD) of Air Quality,” Iowa 

Administrative Code.

The purpose of the proposed amendments is to adopt changes to the federal 

regulations for Prevention of Significant Deterioration (PSD) into Iowa’s administrative 

rules for air quality. The U.S. Environmental Protection Agency (EPA) finalized 

amendments to the PSD regulations over a three-year period to address the revised 

national ambient air quality standards (NAAQS) for fine particulate matter that is less 

than or equal to 2.5 micrometers in diameter (PM2.5). EPA issued the final regulation 

necessary for PM2.5 implementation for the PSD program on December 21, 2010.

Through this rule making, the Department is also proposing a mechanism to allow 

industry to request rescission of a PSD permit. The proposed amendment matches federal 

regulations and will be a benefit to facilities that meet the qualifications for rescission of 

a PSD permit. Additionally, the Department is proposing an amendment to clarify under 

what circumstances facilities are required to keep records and the types of records that 

must be kept. The proposed amendment matches federal regulations and will be a benefit 

to facilities that must meet record-keeping requirements.

To ensure that Iowans have clean air to breathe, the Department is required by 
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federal and state law to develop state implementation plans that manage outdoor air 

resources so that existing, new, and modified sources of air pollution do not cause or 

contribute to violations of the NAAQS.

Community, business and industry, agriculture, and transportation activities all 

contribute to air pollution in the atmosphere. Appropriate plans and programs to address 

these contributions are the building blocks necessary to ensure that the air Iowans breathe 

meets health-based air quality standards. One of these building blocks is the federal PSD 

program that establishes requirements for very large sources of air pollution.

The PSD program is a component of New Source Review (NSR) that includes 

procedures to ensure that air quality standards are maintained. The NSR program was 

designed to allow economic growth in harmony with the preservation of existing clean 

air. Requirements and limits are specified in preconstruction permits to protect the public 

from the adverse effects which might occur if sources were allowed to operate 

unregulated.

There are three types of preconstruction air quality permitting that comprise NSR: 

minor, major, and nonattainment NSR. Minor preconstruction permitting is for sources 

that emit less than either 100 or 250 tons per year (tpy) of any one air pollutant depending 

on the facility’s source category. Major source preconstruction permitting is for sources 

whose plantwide emissions exceed the 100 or 250 tpy threshold for any one air pollutant. 

Major source preconstruction permitting entails issuance of either a PSD permit or a 

permit to avoid PSD applicability. Lastly, nonattainment NSR preconstruction permitting 

occurs within those areas of the state that are not meeting the ambient air quality 

standards. Iowa currently does not have any nonattainment areas for PM2.5.
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The Department has administered an EPA-approved state PSD program since 

1987. In general, the PSD program requires that an affected facility obtain a PSD permit 

specifying how the facility will control air emissions. The permit requires the facility to 

apply best available control technology (BACT), which is determined on a case-by-case 

basis, taking into account, among other factors, the cost and effectiveness of the control. 

Ambient air impact analyses are conducted to determine whether the proposed emission 

limits, controls, and operating conditions will be sufficient to prevent violations of the 

NAAQS and unacceptable levels of air quality deterioration.

The NAAQS for PM2.5 establish limits on the acceptable exposure and public 

health impacts of PM2.5. PM2.5 can easily bypass most of the body’s defense mechanisms 

and become lodged deep in the lungs, where the particles can cause coughing, difficulty 

breathing, or aggravated asthma; development of chronic bronchitis; nonfatal heart 

attacks; and premature death in people with heart or lung disease.

EPA created an NAAQS in 1997 for this pollutant in order to better protect the 

public from the adverse impacts of PM2.5 on human health. EPA strengthened the PM2.5

NAAQS in 2006 based on reviews of the latest public health information and scientific 

data, reducing the acceptable level of PM2.5 to which humans can be exposed from 65 

micrograms per cubic meter of air (μg/m3) to 35 μg/m3.

An important component to establishing the revised air quality standards for 

PM2.5 is EPA’s corresponding changes to the PSD program. EPA finalized the first of its 

PSD amendments for PM2.5 implementation in May 2008 but did not finalize the last of 

the necessary updates until December 21, 2010. Now that EPA has completed the PSD 

amendments for PM2.5, the Department is proceeding with proposing necessary 
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amendments to Iowa’s air quality rules for the PSD program.

This rule making proposes to amend Iowa’s air quality rules to implement 

changes to the federal PM2.5 regulations that EPA finalized in a phased approach over 

three years. This rule making addresses two EPA actions:

● On May 16, 2008, EPA publication of final rules setting PSD significant 

emissions rates for PM2.5 and addressing PM2.5 precursors; and

● On October 20, 2010, EPA publication of final rules setting PSD 

increments, significant impact levels (SILs), and significant monitoring concentrations 

(SMCs) for PM2.5.

On December 21, 2010, EPA published federal rules establishing EPA stack 

testing methods for PM2.5. The Department is proposing adoption by reference of these 

federal rules in a separate rule making published herein under Notice of Intended Action 

as ARC 0087C.

For industry to continue to receive federally acceptable PSD permits from the 

State, the Department must adopt these PM2.5 requirements into administrative rules. On 

September 8, 2011, EPA published a finding of failure of the State of Iowa to submit a 

State Implementation Plan (SIP) for the NAAQS for PM2.5. EPA’s finding became 

effective on October 11, 2011, and establishes a deadline for EPA to issue a Federal 

Implementation Plan for PM2.5 if the outstanding SIP elements, including adoption of the 

PSD requirements included in these proposed amendments, are not completed. Failure to 

adopt PSD requirements for PM2.5 may result in loss of the State’s PSD program, which 

would cause the EPA to become the permitting authority and would significantly increase 

the amount of time required for a facility to obtain a PSD permit.
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Additionally, two amendments included in the proposed rule making, the permit 

rescission and record-keeping provisions, will provide regulatory flexibility to affected 

facilities. Failure to adopt these amendments would prevent the Department from 

providing these benefits to industry.

Item 1 amends subrule 33.3(1) to revise the definitions of “baseline area,” 

“baseline date,” “enforceable permit condition,” “federally enforceable,” “regulated NSR 

pollutant,” and “significant” to match the changes EPA made in 40 Code of Federal 

Regulations (CFR) 51.166 and 52.21 to implement the PM2.5 NAAQS. The revised 

definitions match the federal definitions in 40 CFR 51.166 and 52.21. The Department is 

also revising references to specific sections of the Clean Air Act to match corrections that 

EPA made to the CFR.

Item 2 amends subrule 33.3(3) to adopt by reference EPA’s revisions to the 

ambient air increments to include thresholds for PM2.5.

Item 3 amends subrule 33.3(9) to adopt by reference EPA’s amendments to the 

PSD exemptions to incorporate PM2.5.

Item 4 amends subrule 33.3(11) to adopt by reference EPA’s revisions to the 

source impact analysis requirements to include PM2.5.

Item 5 amends subrule 33.3(16) to adopt by reference EPA’s revisions to the 

requirements for sources impacting federal Class I areas to include PM2.5.

Item 6 amends subrule 33.3(18) to revise the “source obligation” provisions to 

match current federal PSD regulations. This amendment clarifies under what conditions 

source owners and operators must keep records and the specific records that must be 

kept. The amendment also adds the federal definition of “reasonable possibility” for 
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purposes of keeping records under subrule 33.3(18). This amendment will allow facilities 

additional record-keeping flexibility and reduce the record-keeping burden.

Item 7 amends subrule 33.3(20) to revise the provisions for the conditions for 

permit issuance to match EPA amendments that establish the PSD significance levels for 

PM2.5.

Item 8 adds new subrule 33.3(22) to establish provisions for rescinding a PSD 

permit. Currently, there is no mechanism in rules for the Department to rescind a PSD 

permit, even if PSD program requirements no longer apply to a facility. This provision 

was inadvertently excluded when the Department adopted amendments to PSD rules in 

2006. The proposed amendment matches EPA’s regulations in 40 CFR 52.21(w).

Any person may make written suggestions or comments on the proposed 

amendments on or before Friday, May 18, 2012, at 4:30 p.m. Written comments should 

be directed to Christine Paulson, Department of Natural Resources, Air Quality Bureau, 

7900 Hickman Road, Suite 1, Windsor Heights, Iowa 50324; fax (515) 242-5094; or by 

E-mail to christine.paulson@dnr.iowa.gov.

A public hearing will be held on Friday, May 18, 2012, at 1 p.m. in the 

conference rooms at the Department’s Air Quality Bureau office located at 7900 

Hickman Road, Windsor Heights, Iowa. All comments must be received no later than 

4:30 p.m. on Friday, May 18, 2012.

Any person who intends to attend the public hearing and has special requirements, 

such as those related to hearing or mobility impairments, should contact Christine 

Paulson at (515) 242-5154 or by E-mail at christine.paulson@dnr.iowa.gov to advise of 

any specific needs.
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The complete Jobs Impact Statement prepared by the Department is available 

from the Department upon request. The following is a summary of the Jobs Impact 

Statement.

After analysis and review of this rule making, there could be an impact on jobs. 

However, these amendments are mandated by EPA federal regulations, and the State of 

Iowa is not requiring additional regulations. The Department will continue to work with 

stakeholders to minimize any adverse impact on jobs and to maximize any positive 

impact on jobs.

One of Congress’s goals for PSD as set forth in the Clean Air Act was to allow 

economic growth in harmony with the preservation of existing clean air. Requirements 

and limits are specified in preconstruction permits to protect the public from adverse 

effects that might occur if sources were allowed to operate unregulated. The requirements 

in PSD permits help prevent areas of the state from becoming nonattainment areas. Major 

sources locating in or undergoing modifications in nonattainment areas must generally 

meet emissions requirements stricter than those called for under the PSD program. 

Communities in nonattainment areas attempting to meet the Clean Air Act requirements 

can face significant challenges that make it very difficult or impossible for businesses to 

locate or expand in that area. Currently, Iowa does not have any nonattainment areas for 

PM2.5, in part because of the success of the PSD program in preventing air quality from 

deteriorating. Companies may locate or expand in any area of the state without the 

significant barriers that would be imposed by PM2.5 nonattainment, and this may create a 

positive jobs impact.

The Department estimated emissions control costs required for the PSD 
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program’s BACT provisions. These estimates are based on three companies’ tax filings 

from 2009, 2010, and 2011. These costs ranged from $30,000 to $10 million and included 

all costs associated with equipment and installation. However, because BACT is also 

required for total particulate matter (PM) emissions and course particulate matter (PM10) 

emissions, only one-half to one-third of these very generally estimated costs can be 

attributed to PM2.5. Additionally, because EPA requires a PSD program for each state, 

these costs are not unique to Iowa and would likely vary little from state to state.

In addition, the Department estimated costs of preparing PSD permit applications 

based on information from consultants that prepare PSD applications for their clients. 

Total application preparation costs ranged from $25,000 to $100,000. Typically, a project 

does not go through PSD review for just one pollutant. Costs attributed to PM2.5 would be 

only a portion of the PSD application costs, likely ranging from 15 percent to 50 percent.

The PSD program is a national program imposed through the Clean Air Act, so 

any company locating a large, new facility or considering a major expansion in any state 

in the United States will be required to go through PSD review. Although PSD 

requirements are consistent across states, some of the variables include the cost to apply 

for a PSD permit and the turnaround time to get a PSD permit.

The Department does not charge a fee for submitting a PSD permit application. 

Application fees in other states range from several hundred dollars per project to tens of 

thousands of dollars per project. The Department’s no-cost PSD application process may 

have a positive impact on jobs.

Because companies are allowed to conduct only very limited preparatory 

construction activities prior to obtaining the PSD permit, it is a significant incentive for 
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the company to receive the PSD permit as quickly as possible. For this reason, the 

Department’s no-cost application and relatively quick turnaround time may be incentives 

for companies to build or expand in Iowa. This may be a positive jobs impact for 

industrial jobs.

These amendments are intended to implement Iowa Code subsections 

455B.133(1), 455B.133(4), and 455B.133(5) and the U.S. Clean Air Act (CAA) Title I, 

Part C (CAA §160-169b; U.S.C. §7470-7492).

The following amendments are proposed.

ITEM 1. Amend the following definitions in subrule 33.3(1):

“Baseline area” means:

1. Any intrastate area (and every part thereof) designated as attainment or 

unclassifiable under Section 107(d)(1)(D) or (E) 107(d)(1)(A)(ii) or (iii) of the Act in 

which the major source or major modification establishing the minor source baseline date 

would construct or would have an air quality impact equal to or greater than 1 ug/m3

(annual average) of the pollutant for which the minor source baseline date is established

for the pollutant for which the baseline date is established, as follows: equal to or greater 

than 1 μg/m3(annual average) for sulfur dioxide (SO2), nitrogen dioxide (NO2) or PM10; 

or equal to or greater than 0.3 μg/m3(annual average) for PM2.5.

2. Area redesignations under Section 107(d)(1)(D) or (E) 107(d)(1)(A)(ii) or 

(iii) of the Act cannot intersect or be smaller than the area of impact of any major 

stationary source or major modification which establishes a minor source baseline date or 

is subject to regulations specified in this rule, in 40 CFR 52.21 (PSD requirements), or in 

department rules approved by EPA under 40 CFR Part 51, Subpart I, and would be 
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constructed in the same state as the state proposing the redesignation.

3. Any baseline area established originally for the total suspended particulate 

increments shall remain in effect and shall apply for purposes of determining the amount 

of available PM10 increments, except that such baseline area shall not remain in effect if 

the permitting authority rescinds the corresponding minor source baseline date in 

accordance with the definition of “baseline date” specified in this subrule.

“Baseline date” means:

1. Either “major source baseline date” or “minor source baseline date” as 

follows:

(a) The “major source baseline date” means, in the case of particulate matter

PM10 and sulfur dioxide, January 6, 1975, and; in the case of nitrogen dioxide, February 

8, 1988; and in the case of PM2.5, October 20, 2010.

(b) The “minor source baseline date” means the earliest date after the trigger 

date on which a major stationary source or a major modification subject to 40 CFR 52.21 

as amended through November 29, 2005, October 20, 2010, or subject to this rule (PSD 

program requirements), or subject to a department rule approved by EPA under 40 CFR 

Part 51, Subpart I, submits a complete application under the relevant regulations. The 

trigger date for particulate matter PM10 and sulfur dioxide is August 7, 1977. For nitrogen 

dioxide, the trigger date is February 8, 1988. For PM2.5, the trigger date is October 20, 

2011.

2. The “baseline date” is established for each pollutant for which increments 

or other equivalent measures have been established if:

(a) The area in which the proposed source or modification would construct is 
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designated as attainment or unclassifiable under Section 107(d)(i)(D) or (E)

107(d)(1)(A)(ii) or (iii) of the Act for the pollutant on the date of its complete application 

under 40 CFR 52.21 as amended through November 29, 2005, October 20, 2010, or 

under regulations specified in this rule (PSD program requirements); and

(b) In the case of a major stationary source, the pollutant would be emitted in 

significant amounts, or in the case of a major modification, there would be a significant 

net emissions increase of the pollutant.

Any minor source baseline date established originally for the total suspended 

particulate increments shall remain in effect and shall apply for purposes of determining 

the amount of available PM10 increments, except that the reviewing authority may rescind 

any such minor source baseline date where it can be shown, to the satisfaction of the 

reviewing authority, that the emissions increase from the major stationary source, or the 

net emissions increase from the major modification, responsible for triggering that date 

did not result in a significant amount of PM10 emissions.

“Enforceable permit condition,” for the purpose of this chapter, means any of the 

following limitations and conditions: requirements development developed pursuant to 

new source performance standards, prevention of significant deterioration standards, 

emissions standards for hazardous air pollutants, requirements within the SIP, and any 

permit requirements established pursuant to this chapter, any permit requirements 

established pursuant to 40 CFR 52.21 or Part 51, Subpart I, as amended through 

November 29, 2005, October 20, 2010, or under conditional, construction or Title V 

operating permit rules.

“Federally enforceable” means all limitations and conditions which are 
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enforceable by the Administrator and the department, including those federal 

requirements not yet adopted by the state, developed pursuant to 40 CFR Parts 60, 61 and 

63; requirements within 567—subrules 23.1(2) through 23.1(5); requirements within the 

SIP; any permit requirements established pursuant to 40 CFR 52.21 or under regulations 

approved pursuant to 40 CFR Part 51, Subpart I, as amended through November 29, 

2005, October 20, 2010, including operating permits issued under an EPA-approved 

program, that are incorporated into the SIP and expressly require adherence to any permit 

issued under such program.

“Regulated NSR pollutant” means the following:

1. Any pollutant for which a national ambient air quality standard has been 

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

Administrator (e.g., volatile organic compounds and NOX are precursors for ozone);

(a) Volatile organic compounds and nitrogen oxides are precursors to ozone 

in all attainment and unclassifiable areas;

(b) Sulfur dioxide is a precursor to PM2.5 in all attainment and unclassifiable 

areas;

(c) Nitrogen oxides are presumed to be precursors to PM2.5 in all attainment 

and unclassifiable areas, unless the department demonstrates to EPA’s satisfaction that 

emissions of nitrogen oxides from sources in a specific area are not a significant 

contributor to the area’s ambient PM2.5 concentrations;

(d) Volatile organic compounds are presumed not to be precursors to PM2.5 in 

any attainment and unclassifiable areas, unless the department demonstrates to EPA’s 

satisfaction that emissions of volatile organic compounds from sources in a specific area 
13

are a significant contributor to that area’s ambient PM2.5 concentrations;

2. Any pollutant that is subject to any standard promulgated under Section 

111 of the Act;

3. Any Class I or Class II substance subject to a standard promulgated under 

or established by Title VI of the Act; or

4. Any pollutant that otherwise is subject to regulation under the Act as 

defined in 33.3(1), definition of “subject to regulation.”

5. Notwithstanding paragraphs “1” through “4,” the definition of “regulated 

NSR pollutant” shall not include any or all hazardous air pollutants that are either listed 

in Section 112 of the Act or added to the list pursuant to Section 112(b)(2) of the Act and 

that have not been delisted pursuant to Section 112(b)(3) of the Act, unless the listed 

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

pollutant listed under Section 108 of the Act.

6. Particulate matter (PM) emissions, PM2.5 emissions and PM10 emissions 

shall include gaseous emissions from a source or activity which condense to form 

particulate matter at ambient temperatures. On or after January 1, 2011, such condensable 

particulate matter shall be accounted for in applicability determinations in establishing 

emissions limitations for PM, PM2.5 and PM10 in PSD permits. Compliance with 

emissions limitations for PM, PM2.5 and PM10 issued prior to January 1, 2011, shall not 

be based on condensable particulate matter unless required by the terms or conditions of 

the permit or Iowa’s state implementation plan (SIP). Applicability determinations made 

prior to January 1, 2011, without accounting for condensable particulate matter shall not 

be considered in violation of this requirement unless the Iowa SIP required condensable 
14

particulate matter to be included.

“Significant” means:

1. In reference to a net emissions increase or the potential of a source to emit 

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

following rates:

Pollutant and Emissions Rate

● Carbon monoxide: 100 tons per year (tpy)

● Nitrogen oxides: 40 tpy

● Sulfur dioxide: 40 tpy

● Particulate matter: 25 tpy of particulate matter emissions or 15 tpy of PM10

emissions

● PM10: 15 tpy

● PM2.5: 10 tpy of direct PM2.5 emissions; 40 tpy of sulfur dioxide 

emissions; 40 tpy of nitrogen oxide emissions (unless the department demonstrates to 

EPA’s satisfaction that emissions of nitrogen oxides from sources in a specific area are 

not a significant contributor to the area’s ambient PM2.5 concentrations)

● Ozone: 40 tpy of volatile organic compounds or NOx

● Lead: 0.6 tpy

● Fluorides: 3 tpy

● Sulfuric acid mist: 7 tpy

● Hydrogen sulfide (H2S): 10 tpy

● Total reduced sulfur (including H2S): 10 tpy

● Reduced sulfur compounds (including H2S): 10 tpy
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● Municipal waste combustor organics (measured as total tetra- through 

octa-chlorinated dibenzo-p-dioxins and dibenzofurans): 3.2 × 10-6 megagrams per year 

(3.5 × 10-6tons per year)

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

megagrams per year (15 tons per year)

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

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

● Municipal solid waste landfill emissions (measured as nonmethane 

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

2. “Significant” means, for purposes of this rule and in reference to a net 

emissions increase or the potential of a source to emit a regulated NSR pollutant not 

listed in paragraph “1,” any emissions rate.

3. Notwithstanding paragraph “1,” “significant,” for purposes of this rule, 

means any emissions rate or any net emissions increase associated with a major 

stationary source or major modification, which would construct within ten kilometers of a 

Class I area, and have an impact on such area equal to or greater than 1 μg/m3(24-hour 

average).

ITEM 2. Amend subrule 33.3(3) as follows:

33.3(3) Ambient air increments. The provisions for ambient air increments as 

specified in 40 CFR 52.21(c) as amended through November 29, 2005, October 20, 2010,

are adopted by reference.

ITEM 3. Amend subrule 33.3(9) as follows:

33.3(9) Exemptions. The provisions for allowing exemptions from certain 
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requirements for PSD-subject sources as specified in 40 CFR 52.21(i) as amended 

through May 1, 2007, October 20, 2010, are adopted by reference.

ITEM4. Amend subrule 33.3(11) as follows:

33.3(11) Source impact analysis. The provisions for a source impact analysis as 

specified in 40 CFR 52.21(k) as amended through November 29, 2005, October 20, 2010,

are adopted by reference.

ITEM 5. Amend subrule 33.3(16) as follows:

33.3(16) Sources impacting federal Class I areas—additional requirements. The 

provisions for sources impacting federal Class I areas as specified in 40 CFR 51.166(p) 

as amended through November 29, 2005, October 20, 2010, are adopted by reference. 

The following phrases contained in 40 CFR 51.166(p) are not adopted by reference: “the 

plan may provide that,” “the plan shall provide that,” “the plan shall provide” and 

“mechanism whereby.”

ITEM 6. Amend subrule 33.3(18) as follows:

33.3(18) Source obligation.

a. Approval to construct shall not relieve any owner or operator of the 

responsibility to comply fully with applicable provisions of the plan and any other 

requirements under local, state or federal law.

b. At such time that a particular source or modification becomes a major 

stationary source or major modification solely by virtue of a relaxation in any enforceable 

limitation which was established after August 7, 1980, on the capacity of the source or 

modification otherwise to emit a pollutant, such as a restriction on hours of operation, the 

requirements of subrules 33.3(10) through 33.3(19) shall apply to the source or 
17

modification as though construction had not yet commenced on the source or 

modification.

c. Any owner or operator who constructs or operates a source or 

modification not in accordance with the application pursuant to the provisions in rule 

567—33.3(455B) or with the terms of any approval to construct, or any owner or 

operator of a source or modification subject to the provisions in rule 567—33.3(455B) 

who commences construction after April 15, 1987 (the effective date of Iowa’s PSD 

program), without applying for and receiving department approval, shall be subject to 

appropriate enforcement action.

d. Approval to construct shall become invalid if construction is not 

commenced within 18 months after receipt of such approval, if construction is 

discontinued for a period of 18 months or more, or if construction is not completed within 

a reasonable time. The department may extend the 18-month period upon a satisfactory 

showing that an extension is justified. These provisions do not apply to the time between 

construction of the approved phases of a phased construction project; each phase must 

commence construction within 18 months of the projected and approved commencement 

date.

e. Reserved.

f. The Except as otherwise provided in subparagraph (8), the following 

specific provisions shall apply to with respect to any regulated NSR pollutant emitted 

from projects at existing emissions units at a major stationary source, other than projects 

at a source with a PAL, in circumstances in which where there is a “reasonable 

possibility,” within the meaning of subparagraph (8), that a project that is not part of a 
18

major modification may result in a significant emissions increase of such pollutant, and 

the owner or operator elects to use the method for calculating projected actual emissions 

as specified in subrule 33.3(1), paragraphs “1” through “3” of the definition of “projected 

actual emissions.”

(1) Before beginning actual construction of the project, the owner or operator 

shall document and maintain a record of the following information:

1. A description of the project;

2. Identification of the emissions unit(s) whose emissions of a regulated NSR 

pollutant could be affected by the project; and

3. A description of the applicability test used to determine that the project is 

not a major modification for any regulated NSR pollutant, including the baseline actual 

emissions, the projected actual emissions, the amount of emissions excluded under 

paragraph “3” of the definition of “projected actual emissions” in subrule 33.3(1), an 

explanation describing why such amount was excluded, and any netting calculations, if 

applicable.

(2) No less than 30 days before beginning actual construction, the owner or 

operator shall meet with the department to discuss the owner’s or operator’s 

determination of projected actual emissions for the project and shall provide to the 

department a copy of the information specified in paragraph “f.” The owner or operator 

is not required to obtain a determination from the department regarding the project’s 

projected actual emissions prior to beginning actual construction.

(3) If the emissions unit is an existing electric utility steam generating unit, 

before beginning actual construction, the owner or operator shall provide a copy of the 
19

information set out in subparagraph (1) to the department. The requirements in 

subparagraphs (1), (2) and (3) shall not be construed to require the owner or operator of 

such a unit to obtain any determination from the department before beginning actual 

construction.

(4) The owner or operator shall:

1. Monitor the emissions of any regulated NSR pollutant that could increase 

as a result of the project and that is emitted by any emissions unit identified in 

subparagraph (1);

2. Calculate the annual emissions, in tons per year on a calendar-year basis, 

for a period of five years following resumption of regular operations and maintain a 

record of regular operations after the change, or for a period of ten years following 

resumption of regular operations after the change if the project increases the design 

capacity or potential to emit of that regulated NSR pollutant at such emissions unit (for 

purposes of this requirement, “regular” shall be determined by the department on a caseby-case basis); and

3. Maintain a written record containing the information required in this 

subparagraph.

(5) The written record containing the information required in subparagraph 

(4) shall be retained by the owner or operator for a period of ten years after the project is 

completed.

(6) If the unit is an existing electric utility steam generating unit, the owner or 

operator shall submit a report to the department within 60 days after the end of each year 

during which records must be generated under subparagraph (4) setting out the unit’s 
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annual emissions during the calendar year that preceded submission of the report.

(7) If the unit is an existing unit other than an electric utility steam generating 

unit, the owner or operator shall submit a report to the department if the annual 

emissions, in tons per year, from the project identified in subparagraph (1), exceed the 

baseline actual emissions, as documented and maintained pursuant to subparagraph (4), 

by an amount that is “significant” as defined in subrule 33.3(1) for that regulated NSR 

pollutant, and if such emissions differ from the preconstruction projection as documented 

and maintained pursuant to subparagraph (4). Such report shall be submitted to the 

department within 60 days after the end of such year. The report shall contain the 

following:

1. The name, address and telephone number of the major stationary source;

2. The annual emissions as calculated pursuant to subparagraph (4); and

3. Any other information that the owner or operator wishes to include in the 

report (e.g., an explanation as to why the emissions differ from the preconstruction 

projection).

(8) A “reasonable possibility” under this paragraph (paragraph 33.3(18)“f”) 

occurs when the owner or operator calculates the project to result in either:

1. A projected actual emissions increase of at least 50 percent of the amount 

that is a “significant emissions increase,” as defined under subrule 33.3(1) (without 

reference to the amount that is a significant net emissions increase), for the regulated 

NSR pollutant; or

2. A projected actual emissions increase that, when added to the amount of 

emissions excluded under subrule 33.3(1), paragraph “3” of the definition of “projected 
21

actual emissions,” equals at least 50 percent of the amount that is a “significant emissions 

increase,” as defined under subrule 33.3(1) (without reference to the amount that is a 

significant net emissions increase), for the regulated NSR pollutant. For a project for 

which a reasonable possibility occurs only within the meaning of this numbered 

paragraph, and not also within the meaning of numbered paragraph “1” of this 

subparagraph (subparagraph (8)), then the provisions of subparagraphs (3) through (7) do 

not apply to the project.

g. The owner or operator of the source shall make the information required to 

be documented and maintained pursuant to paragraph “f” available for review upon 

request for inspection by the department or the general public pursuant to the 

requirements for Title V operating permits contained in 567—subrule 22.107(6).

ITEM 7. Amend subrule 33.3(20) as follows:

33.3(20) Conditions for permit issuance. Except as explained below, a permit may 

not be issued to any new “major stationary source” or “major modification” as defined in 

subrule 33.3(1) that would locate in any area designated as attainment or unclassifiable 

for any national ambient air quality standard pursuant to Section 107 of the Act, when the 

source or modification would cause or contribute to a violation of any national ambient 

air quality standard. A major stationary source or major modification will be considered 

to cause or contribute to a violation of a national ambient air quality standard when such 

source or modification would, at a minimum, exceed the following significance levels at 

any locality that does not or would not meet the applicable national standard:

Significant Impact Levels (SILs)

Averaging Time
22

Annual 24 hrs. 8 hrs. 3 hrs. 1 hr.

Pollutant (μg/m3) (μg/m3) (μg/m3) (μg/m3) (μg/m3)

SO2 1.0 5 ——— 25 ———

PM10 1.0 5 ——— ——— ———

PM2.5 0.3 1.2 ——— ——— ———

NO2 1.0 ——— ——— ——— ———

CO ——— ——— 500 ——— 2000

A permit may be granted to a major stationary source or major modification as 

identified above if the major stationary source or major modification reduces the impact 

of its emissions upon air quality by obtaining sufficient emissions reductions to 

compensate for its adverse ambient air impact where the major stationary source or major 

modification would otherwise contribute to a violation of any national ambient air quality 

standard. This subrule shall not apply to a major stationary source or major modification 

with respect to a particular pollutant if the owner or operator demonstrates that the source 

is located in an area designated under Section 107 of the Act as nonattainment for that 

pollutant.

ITEM 8. Adopt the following new subrule 33.3(22):

33.3(22) Permit rescission. Any permit issued under 40 CFR 52.21 or this chapter 

or any permit issued under rule 567—22.4(455B) shall remain in effect unless and until it 

is rescinded. The department will consider requests for rescission that meet the conditions 

specified under paragraphs “a” and “b” of this subrule. If the department rescinds a 

permit or a condition in a permit issued under 40 CFR 52.21, this chapter, or rule 567—

22.4(455B), the public shall be given adequate notice of the proposed rescission. 

Publication of an announcement of rescission in a newspaper of general circulation in the 

affected region 60 days prior to the proposed date for rescission shall be considered 
23

adequate notice.

a. The department may rescind a permit or a portion of a permit upon request 

from an owner or operator of a stationary source who holds a permit for a source or 

modification that was issued under 40 CFR 52.21 as in effect on July 30, 1987, or earlier, 

provided the application also meets the provisions in paragraph “b” of this subrule.

b. If the application for rescission meets the provisions in paragraph “a” of 

this subrule, the department may rescind a permit if the owner or operator shows that the 

PSD provisions under 40 CFR 52.21 would not apply to the source or modification.
PUBLIC PARTICIPATION RESPONSIVENESS SUMMARY 

FOR

567 IOWA ADMINISTRATIVE CODE 

CHAPTER 33 “SPECIAL REGULATIONS AND CONSTRUCTION PERMIT 

REQUIREMENTS FOR MAJOR STATIONARY SOURCES – PREVENTION OF 

SIGNIFICANT DETERIORATION (PSD) OF AIR QUALITY” 

Introduction

The purpose of the amendments is to adopt changes to the federal regulations for Prevention of 

Significant Deterioration (PSD) into Iowa’s administrative rules for air quality. The U.S. 

Environmental Protection Agency (EPA) finalized amendments to the PSD regulations over a 

three-year period to address the revised national ambient air quality standards (NAAQS) for final 

particulate matter that is less than or equal to 2.5 micrometers in diameter (PM2.5). 

Through this rule making, the Department is also providing a mechanism to allow industry to 

request rescission of a PSD permit. The amendment matches the federal regulations and will be a 

benefit to facilities that meet the qualifications for rescission of a PSD permit. Additionally, the 

Department is also making amendments to clarify under what circumstances facilities are required 

to keeps records and types of records that must be kept. The proposed amendment matches the 

federal regulations and will be a benefit to facilities that must meet record-keeping requirements.

Notice of Intended Action was published in the Iowa Administrative Bulletin (IAB) on April 18, 

2012, as ARC 0097C. A public hearing was held on May 18, 2012. The Department did not 

receive any comments at the public hearing. The Department received one written comment letter 

before the close of the public comment period on May 18, 2012. 

Public Comment 

Submitted by e-mail and U.S. Mail from Joshua A. Tapp, Branch Chief, EPA Region 7, 901 

North 5th Street, Kansas City, Kansas, 66101: 

EPA submitted four comments in a letter dated May 18, 2012. The comments are summarized 

separately below, followed by the Department’s response and recommended action.

Comment 1 

EPA commented on the proposed amendments to 33.3(1), the definition of “regulated NSR 

pollutant” that add PM2.5 and that identify nitrogen dioxides (NOx) as a presumptive precursor 

for PM2.5 and that exclude volatile organic compounds (VOC) as a presumptive precursor. EPA 

pointed out that they retain joint authority along with the Iowa Department of Natural Resources 

(IDNR) to make a determination on whether NOx or VOC are precursors for PM2.5 in a given 

area of the state. EPA recommended that IDNR adopt the federal rule language verbatim. 

Department Response

The Department agrees that EPA has dual authority with the Department to decide if NOx or 

VOC are a precursor for PM2.5 in a given area. The Department will revise the amendment to 

match the federal language. The Department is not planning to adopt the federal language 
2

verbatim because the terms “the State” and “the Administrator” have specific meaning in Iowa 

and for Iowa’s PSD program.

Recommended Action

Revise the proposed amendment for subrule 33.3(1), definition of “regulated NSR pollutant” to 

the following (text recommended for inclusion in the final rules is underlined):

“Regulated NSR pollutant” means the following:

1...

(c) Nitrogen oxides are presumed to be precursors to PM2.5 in all attainment and 

unclassifiable areas, unless the department demonstrates to EPA’s satisfaction or EPA 

demonstrates that emissions of nitrogen oxides from sources in a specific area are not a 

significant contributor to the area’s ambient PM2.5 concentrations;

(d) Volatile organic compounds are presumed not to be precursors to PM2.5 in any 

attainment and unclassifiable areas, unless the department demonstrates to EPA’s satisfaction or 

EPA demonstrates that emissions of volatile organic compounds from sources in a specific area 

are a significant contributor to that area’s PM2.5 concentrations...

Comment 2

EPA commented on additional amendments to subrule 33.3(1), the definition of “regulated NSR 

pollutant.” The Department is proposing to adopt new federal language for this definition 

verbatim into state administrative rules. EPA stated that some of this rule text, although identical 

to the federal regulation, is outdated and does not apply to Iowa’s PSD program. Iowa’s PSD 

program, as approved by EPA into Iowa’s State Implementation Plan (SIP) has long held that 

condensables are always considered when accounting for all forms of particulate matter (PM). 

Rather than adopting obsolete dates and creating uncertainty about previously issued permits, 

EPA recommended that Iowa adopt only the portion of the definition that is effective at this time 

as follows:

“Particulate matter (PM) emissions, PM2.5, and PM10 emissions shall include gaseous 

emissions from a source or activity which condense to form particulate matter at ambient 

temperatures.”

In the alternative, EPA recommended that the Department affirm in its response to comments that 

all PSD permits issued before 2011 properly considered condensable emissions when determining 

applicability and setting Best Available Control Technology (BACT limits), and that such 

decisions are unaffected by this rulemaking. EPA also requested that the Department affirm that it 

does not intend to retroactively change any PSD permits to exclude condensables for this 

timeframe. EPA does not support retroactively changing PSD permits.

Department Response

The Department agrees with EPA that the dates in the federal PSD language are now outdated, 

and do not apply to Iowa’s SIP-approved PSD program. The Department agrees that this could 

create confusion to the regulated public and other interested stakeholders. In response, the 

Department will revise the amendment to include only the portion of the amendment that is 

effective at this time and applicable to Iowa’s PSD program.
3

Additionally, the Department is affirming in this Public Participation Responsiveness Summary 

that the Department properly considered condensable emissions before 2011, and the Department 

does not intend to retroactively change emission limits in PSD permits issued during this 

timeframe.

Recommended Action

Revise the amendments to subrule 33.3(1), definition of “regulated NSR pollutant” to include 

only the provisions currently in effect and applicable to Iowa’s PSD program, as follows (text 

recommended for removal in the final rules is struck):

6. Particulate matter (PM) emissions, PM2.5, and PM10 emissions shall include gaseous 

emissions from a source or activity which condense to form particulate matter at ambient 

temperatures. On or after January 1, 2011, such condensable particulate matter shall be 

accounted for in applicability determinations in establishing emissions limitations for PM, 

PM2.5 and PM10 in PSD permits. Compliance with emissions limitations for PM, PM2.5 and 

PM10 issued prior to January 1, 2011, shall not be based on condensable particulate matter 

unless required by the terms or conditions of the permit or Iowa’s state implementation 

plan (SIP). Applicability determinations made prior to January 1, 2011, without 

accounting for condensable particulate matter shall not be considered in violation of this 

requirement unless the Iowa SIP required condensable particulate matter to be included.

Comment 3

EPA commented that it had recently proposed revisions to the definition of “regulated NSR 

pollutant” to exclude condensable emissions when accounting for coarse, filterable PM. EPA 

stated these rule changes if finalized, will raise questions about whether to include or exclude 

condensables for coarse, filterable particulate. EPA commented that if the Department decides to 

proceed with adoption of the federal changes, it could result in a relaxation of the PSD and major 

source nonattainment permitting rules from the rules in the EPA-approved SIP. This would 

trigger the need for further analysis by the Department. EPA states that it will provide further 

guidance if it finalizes the proposed rule change.

Department Response

The Department will confer with EPA at such time as EPA finalizes the rule change to exclude 

condensable emissions when accounting for coarse, filterable PM.

Recommended Action

No action recommended at this time

Comment 4

EPA stated that it is providing separate comments on a concurrently proposed rulemaking to 

rescind the previously SIP-approved Compliance Sampling Manual. For that proposed 

rulemaking, EPA commented that the Department’s changes should not apply retroactively to 

permits.
4

Department Response

These comments are simply summarizing EPA’s comments on a separate Department rulemaking.

The Department will respond to EPA’s comments on that rulemaking at such time as the 

Department prepares a Public Participation Responsiveness Summary for the final rules.

Recommended Action

No action recommended at this time
Iowa Department of Natural Resources

Environmental Protection Commission

ITEM INFORMATION

TOPIC Proposed Rule: Chapters 20, 22, 25 and 33: Air Quality Program Rules –

Prevention of Significant Deterioration (PSD) for Fine Particulate

Matter

The attached Notice of Intended Action to amend Chapter 20 "Scope of Title –DefinitionsForms-Rules of Practice," " Chapter 22 "Controlling Pollution," Chapter 25 "Measurement of 

Emissions," and Chapter 33 ―Special Construction Permit Requirements for Major Stationary 

Sources in Areas Designated Attainment or Unclassified (PSD)‖ of the 567 Iowa Administrative 

Code is being presented to the Commission for information. 

The purpose of the proposed rule changes is to adopt changes to the federal regulations for 

Prevention of Significant Deterioration (PSD) into state air quality rules. The U.S. Environmental 

Protection Agency (EPA) has finalized amendments to the PSD regulations over the past two and 

a half years to address the new national ambient air quality standards (NAAQS) for fine 

particulate matter that is less than or equal to 2.5 micrometers in diameter (PM2.5). EPA issued 

the final component necessary for PM2.5 implementation in the PSD program on December 21, 

2010. 

In addition, the Department also is adopting provisions to allow for rescission of PSD permits. 

Rescission provisions were included in the Iowa PSD rules for many years, but were inadvertently 

excluded when the Department adopted significant PSD amendments in 2006 to address EPA’s 

New Source Review (NSR) Reform regulations. 

Background (PSD Program and PM2.5 Implementation)

To ensure that Iowan’s have clean air to breath, the Department is required by federal and state 

law to develop state implementation plans that manage outdoor air resources so that existing, 

new, and modified sources of air pollution do not cause or contribute to violations of the 

NAAQS.

Community, business and industry, agriculture, and transportation activities all contribute to air 

pollution in the atmosphere. Appropriate plans and programs to address these contributions are 

the building blocks necessary to assure that the air Iowans breathe meets health based air quality 

standards. The first building block is the federal PSD program that establishes requirements for 

very large sources of air pollution.

The PSD program is a component of NSR that includes procedures to ensure that air quality 

standards are maintained. The Department has had an EPA-approved state PSD program since 
2

1987. In general, the PSD program requires that an affected facility obtain a PSD permit 

specifying how the facility will control emissions. The permit requires the facility to apply Best 

Available Control Technology (BACT), which is determined on a case-by-case basis taking into 

account, among other factors, the cost and effectiveness of the control. Ambient air impact 

analyses are conducted to determine whether the proposed emission limits, controls, and 

operating conditions will be sufficient to prevent violations of the NAAQS and unacceptable 

levels of air quality deterioration, if the facility is constructed or modified as planned.

The PM2.5 NAAQS establishes a limit on the acceptable exposure and public health impacts of

PM2.5. PM2.5 can easily by-pass most of the body’s defense mechanisms and become lodged 

deep in the lungs, where the particles can cause coughing, or difficulty breathing, aggravated 

asthma; development of chronic bronchitis; nonfatal heart attacks; and premature death in people 

with heart or lung disease.

EPA created a NAAQS in 1997 for this pollutant in order to better protect the public from the 

adverse impacts of PM2.5 on human health. EPA strengthened the PM2.5 NAAQS in 2006 based 

on reviews of the latest public health information and scientific data, reducing the acceptable level 

of PM2.5 that humans can be exposed to from 65 micrograms per cubic meter of air (ug/m3) 

down to 35 ug/m3.

An essential component of EPA’s revising the NAAQS for PM2.5 is implementation rules for the 

PSD program. EPA finalized the first of its PSD amendments for PM2.5 implementation in May 

2008, but did not finalize the last of the necessary updates until December 21, 2010. Now that 

EPA has completed the PSD amendments for PM2.5, the Department is proceeding with 

proposing necessary changes to state air quality rules.

Summary of rule changes

This rulemaking makes amendments to Iowa’s rules to implement changes to the federal PM2.5 

regulations that EPA finalized in a phased approach over the last three years. This rulemaking 

addresses the following EPA actions:

May 16, 2008 – EPA published final rules setting PSD significant emissions rates for 

PM2.5 and addressed PM2.5 precursors.

October 20, 2010 – EPA published final rules setting PSD increments, significant impact 

levels (SILs), and significant monitoring concentrations (SMCs) for PM2.5; and

December 21, 2010 – EPA published federal rules establishing EPA reference stack testing 

methods for PM2.5.

The specific items included in the adopted rules are briefly summarized below. The specific 

amendments are included in the attached Notice of Intended Action.

Item 1 amends Chapter 20 to adopt EPA’s revisions to stack test methods to establish procedures 

for measuring PM2.5.
3

Item 2 amends Chapter 22, the Title V program rules, to adopt EPA’s revisions to stack test 

methods to establish procedures for measuring PM2.5.

Item 3 amends the stack test methods and procedures in Chapter 25 to include EPA’s new 

procedures for PM2.5.

Item 3 also adopts by reference revisions the Department’s ―Compliance Sampling Manual‖ to 

reflect the new PM2.5 testing methods and to establish alternative testing procedures. The 

proposed changes to the sampling manual would allow facilities to use the new PM2.5 testing 

methods or to alternatively complete one test for particulate matter (PM) using an updated Iowa 

procedure to demonstrate compliance with multiple limits for PM, particulate matter that is less 

than equal to 10 micrometers in diameter (PM10), and PM2.5. The Iowa procedure has been used 

in the past with facilities conducting a PM test to show compliance with both the PM and PM10 

limits in a permit. With the EPA amendments, the Department no longer considers the current 

Iowa procedure to be equivalent, and the Department is revising the Compliance Sampling 

Manual to address this. The proposed revisions to the manual will be provided at the Commission 

meeting. The public may provide comments on the revisions to the Compliance Sampling Manual 

during the public comment period for this rulemaking.

Item 4 amends the PSD rules in Chapter 33 to add a new definition for PM2.5. The definition is 

based on the current definition of PM10 in Chapter 20, and also matches the federal definition in 

40 Code of Federal Regulations (CFR) Part 58, Subpart A.

Item 5 amends several PSD definitions in Chapter 33 to match the changes EPA made in 40 CFR 

52.21 to implement the PM2.5 NAAQS. The definitions revised include ―baseline area,‖ ―baseline 

date,‖ ―enforceable permit condition,‖ ―federally enforceable,‖ ―regulated NSR pollutant,‖ and 

―significant.‖ The proposed revisions match the federal amendments, except that the Department 

is not proposing to adopt federal language that is explanatory to states.

Item 6 amends Chapter 33 to adopt by reference EPA’s revisions to the ambient air increments to 

include thresholds for PM2.5.

Item 7 amends Chapter 33 to adopt by reference EPA’s amendments to the PSD exemptions to 

incorporate PM2.5.

Item 8 amends Chapter 33 to adopt by reference EPA’s revisions to the source impact analysis 

requirements to include PM2.5.

Item 9 amends Chapter 33 to adopt by reference EPA’s revisions to the requirements for sources 

impacting federal Class I areas to include PM2.5.

Item 10 amends Chapter 33 to revise the provisions for the conditions for permit issuance to 

match EPA amendments that establish the PSD significance levels for PM2.5.
4

Item 11 amends Chapter 33 to add new provisions for rescinding a PSD permit. The Department 

is proposing this amendment because these provisions were inadvertently excluded when the 

Department finalized changes to the PSD rules in 2006. The proposed amendments are similar to

EPA’s regulations in 40 CFR 52.21(w), except that the revisions are tailored to the Department’s 

long-standing rules for permit revocations.

The Department plans to bring this Notice to the Commission for decision at the Commission's 

March meeting.

Christine Paulson

Environmental Specialist Senior

Program Development Section, Air Quality Bureau

Memo date: January 24, 2011
1

ENVIRONMENTAL PROTECTION COMMISSION [567]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 455B.133, the Environmental Protection 

Commission hereby gives Notice of Intended Action to amend Chapter 20 "Scope of Title –

Definitions-Forms-Rules of Practice," Chapter 22, ―Controlling Pollution,‖ Chapter 25, 

"Measurement of Emissions,‖ and Chapter 33 ―Special Construction Permit Requirements for 

Major Stationary Sources in Areas Designated Attainment or Unclassified (PSD)‖ Iowa 

Administrative Code.

The purpose of the proposed rule changes is to adopt changes to the federal regulations 

for Prevention of Significant Deterioration (PSD) into state air quality rules. The U.S. 

Environmental Protection Agency (EPA) has finalized amendments to the PSD regulations over 

the past two and a half years to address the new national ambient air quality standards (NAAQS) 

for fine particulate matter that is less than or equal to 2.5 micrometers in diameter (PM2.5). EPA 

issued the final component necessary for PM2.5 implementation in the PSD program on 

December 21, 2010. 

In addition, the Department also is adopting provisions to allow for rescission of PSD 

permits. Rescission provisions were included in the Iowa PSD rules for many years, but were 

inadvertently excluded when the Department adopted significant PSD amendments in 2006 to 

address EPA’s New Source Review (NSR) Reform regulations. 

To ensure that Iowan’s have clean air to breath, the Department is required by federal and 

state law to develop state implementation plans that manage outdoor air resources so that 
2

existing, new, and modified sources of air pollution do not cause or contribute to violations of the 

NAAQS.

Community, business and industry, agriculture, and transportation activities all contribute 

to air pollution in the atmosphere. Appropriate plans and programs to address these contributions 

are the building blocks necessary to assure that the air Iowans breathe meets health based air 

quality standards. The first building block is the federal PSD program that establishes 

requirements for very large sources of air pollution. 

The PSD program is a component of NSR that includes procedures to ensure that air 

quality standards are maintained. The Department has had an EPA-approved state PSD program 

since 1987. In general, the PSD program requires that an affected facility obtain a PSD permit 

specifying how the facility will control emissions. The permit requires the facility to apply Best 

Available Control Technology (BACT), which is determined on a case-by-case basis taking into

account, among other factors, the cost and effectiveness of the control. Ambient air impact 

analyses are conducted to determine whether the proposed emission limits, controls, and 

operating conditions will be sufficient to prevent violations of the NAAQS and unacceptable 

levels of air quality deterioration, if the facility is constructed or modified as planned.

The PM2.5 NAAQS establishes a limit on the acceptable exposure and public health 

impacts of PM2.5. PM2.5 can easily by-pass most of the body’s defense mechanisms and become 

lodged deep in the lungs, where the particles can cause coughing, or difficulty breathing, 

aggravated asthma; development of chronic bronchitis; nonfatal heart attacks; and premature 

death in people with heart or lung disease.

EPA created a NAAQS in 1997 for this pollutant in order to better protect the public from 

the adverse impacts of PM2.5 on human health. EPA strengthened the PM2.5 NAAQS in 2006 
3

based on reviews of the latest public health information and scientific data, reducing the 

acceptable level of PM2.5 that humans can be exposed to from 65 micrograms per cubic meter of 

air (ug/m3) down to 35 ug/m3.

An essential component of EPA’s revising the NAAQS for PM2.5 is implementation rules 

for the PSD program. EPA finalized the first of its PSD amendments for PM2.5 implementation in 

May 2008, but did not finalize the last of the necessary updates until December 21, 2010. Now 

that EPA has completed the PSD amendments for PM2.5, the Department is proceeding with 

proposing necessary changes to state air quality rules. 

This rulemaking make amendments to Iowa’s rules to implement changes to the federal 

PM2.5 regulations that EPA finalized in a phased approach over the last three years. This 

rulemaking addresses the following EPA actions:

May 16, 2008 – EPA published final rules setting PSD significant emissions rates for 

PM2.5 and addressed PM2.5 precursors.

October 20, 2010 – EPA published final rules setting PSD increments, significant impact 

levels (SILs), and significant monitoring concentrations (SMCs) for PM2.5; and

December 21, 2010 – EPA published federal rules establishing EPA reference stack testing 

methods for PM2.5.

Item 1 amends rule 567—20.2 (455B), the definition of "EPA reference method," to 

adopt EPA’s revisions to stack test methods to establish procedures for measuring PM2.5.

Item 2 amends 567—22.100(455B), the definition of ―EPA reference method,‖ in the 

Title V program rules to adopt EPA’s revisions to stack test methods to establish procedures for 

measuring PM2.5.
4

Item 3 amends subrule 25.1(9), the stack test methods and procedures, to include EPA’s 

new procedures for PM2.5. Item 3 also adopts by reference revisions the Department’s 

―Compliance Sampling Manual‖ to reflect the new PM2.5 testing methods and to establish 

alternative testing procedures. The proposed changes to the sampling manual would allow 

facilities to use the new PM2.5 testing methods or to alternatively complete one test for 

particulate matter (PM) using an updated Iowa procedure to demonstrate compliance with 

multiple limits for PM, particulate matter that is less than equal to 10 micrometers in diameter 

(PM10), and PM2.5. The Iowa procedure has been used in the past with facilities conducting a 

PM test to show compliance with both the PM and PM10 limits in a permit. With the EPA 

amendments, the Department no longer considers the current Iowa procedure to be equivalent, 

and the Department is revising the Compliance Sampling Manual to address this. The proposed 

revisions to the manual are available on the Department’s website at 

http://www.iowadnr.gov/air/input/input.html. The public may provide comments on the revisions 

to the Compliance Sampling Manual during the public comment period for this rulemaking. 

Item 4 amends subrule 33.1(2) to add a new definition for “PM2.5.” The definition is 

based on the current definition of PM10 in Chapter 20, and also matches the federal definition in 

40 Code of Federal Regulations (CFR) Part 58, Subpart A.

Item 5 amends subrule 33.1(2) to revise the definitions of “baseline area,” “baseline 

date,” “enforceable permit condition,” “federally enforceable” “regulated NSR pollutant,” and 

“significant” to match the changes EPA made in 40 CFR 52.21 to implement the PM2.5 

NAAQS. The proposed revisions match the federal amendments, except that the Department is 

not proposing to adopt federal language that is explanatory to states.
5

Item 6 amends subrule 33.3(3) to adopt by reference EPA’s revisions to the ambient air 

increments to include thresholds for PM2.5.

Item 7 amends 33.3(9) to adopt by reference EPA’s amendments to the PSD exemptions 

to incorporate PM2.5.

Item 8 amends 33.3(11) to adopt by reference EPA’s revisions to the source impact 

analysis requirements to include PM2.5.

Item 9 amends 33.3(16) to adopt by reference EPA’s revisions to the requirements for 

sources impacting federal Class I areas to include PM2.5.

Item 10 amends 33.3(20) to revise the provisions for the conditions for permit issuance to 

match EPA amendments that establish the PSD significance levels for PM2.5.

Item 11 adds new subrule 33.3(22) to establish provisions for rescinding a PSD permit. 

The Department is proposing this amendment because these provisions were inadvertently 

excluded when the Department finalized changes to the PSD rules in 2006. The proposed 

amendments are similar to EPA’s regulations in 40 CFR 52.21(w), except that the revisions are 

tailored to the Department’s long-standing rules for permit revocations.

Any person may make written suggestions or comments on the proposed amendments on 

or before [DATE TBD]. Written comments should be directed to Christine Paulson, Department 

of Natural Resources, Air Quality Bureau, 7900 Hickman Road, Suite 1, Windsor Heights, Iowa, 

50324, fax (515) 242-5094, or by E-mail to christine.paulson@dnr.iowa.gov.

A public hearing will be held on [DATE TBD], at 1:00 PM in the conference rooms at the 

department’s Air Quality Bureau office located at 7900 Hickman Road, Windsor Heights, Iowa. 

All comments must be received no later than [DATE TBD].
6

Any person who intends to attend the public hearing and has special requirements such as 

those related to hearing or mobility impairments should contact Christine Paulson at (515) 242-

5154 , or by E-mail at christine.paulson@dnr.iowa.gov to advise of any specific needs.

These amendments are intended to implement Iowa Code section 455B.133.

The following amendments are proposed.

ITEM 1. Amend rule 567—20.2 (455B), the definition of "EPA reference method," as 

follows:

“EPA reference method” means any method of sampling and analyzing for an air 

pollutant as described in 40 CFR 51, Appendix M (as amended through June 16, 1997 December 

21, 2010); 40 CFR 52, Appendices D and E (as amended through February 6, 1975); 40 CFR 60, 

Appendices A (as amended through September 28, 2007), B (as amended through September 28, 

2007), C (as amended through December 16, 1975), and F (as amended through January 12, 

2004); 40 CFR 61, Appendix B (as amended through October 17, 2000); 40 CFR 63, Appendix 

A (as amended through October 17, 2000); and 40 CFR 75, Appendices A (as amended through 

January 24, 2008), B (as amended through January 24, 2008), F (as amended through January 

24, 2008, and corrected on February 13, 2008) and K (as amended through January 24, 2008).

ITEM 2. Amend rule 567—22.100(455B), the definition of ―EPA reference method,‖ as 

follows: 

“EPA reference method” means any method of sampling and analyzing for an air 

pollutant as described in 40 CFR 51, Appendix M (as amended through June 16, 1997 December 
7

21, 2010); 40 CFR 52, Appendices D (as amended through February 6, 1975) and E (as 

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

28, 2007), B (as amended through September 28, 2007), C (as amended through December 16, 

1975), and F (as amended through January 12, 2004); 40 CFR 61, Appendix B (as amended 

through October 17, 2000); 40 CFR 63, Appendix A (as amended through October 17, 2000); 

and 40 CFR 75, Appendices A (as amended through January 24, 2008), B (as amended through 

January 24, 2008), F (as amended through January 24, 2008, and corrected on February 13, 

2008) and K (as amended through January 24, 2008).

ITEM 3. Amend subrule 25.1(9) as follows:

25.1(9) Methods and procedures. Stack sampling and associated analytical methods used 

to evaluate compliance with emission limitations of 567—Chapter 23 or a permit condition are 

those specified in the ―Compliance Sampling Manual‖1adopted by the commission on May 19, 

1977, as revised through January 30, 2003 [insert revision date that is the effective date of 

adopted amendments]. Sampling methods, analytical determinations, minimum performance 

specifications and quality assurance procedures for performance evaluations of continuous 

monitoring systems are those found in Appendix M (as amended through December 21, 2010) of 

40 CFR Part 51, Appendices A (as amended through September 28, 2007), B (as amended 

through September 28, 2007) and F (as amended through January 12, 2004) of 40 CFR Part 60, 

and Appendices A (as amended through January 24, 2008), B (as amended through January 24, 

2008), F (as amended through February 13, 2008) and K (as amended through January 24, 2008) 

of 40 CFR Part 75.
8

ITEM 4. Amend subrule 33.1(2) to add a new definition for ―PM2.5‖ as follows:

“PM2.5” means particulate matter with an aerodynamic diameter less than or equal to a 

nominal 2.5 micrometers as measured by an EPA-approved reference method.

ITEM 5. Amend subrule 33.1(2) to revise the definitions of “baseline area,” “baseline 

date,” “enforceable permit condition,” “federally enforceable” “regulated NSR pollutant,” and 

“significant” as follows:

“Baseline area” means:

1. Any intrastate area (and every part thereof) designated as attainment or 

unclassifiable under Section 107(d)(1)(D) or (E) 107(d)(1)(A)(ii) or (iii) of the Act in which the 

major source or major modification establishing the minor source baseline date would construct 

or would have an air quality impact equal to or greater than 1 ug/m3(annual average) of the 

pollutant for which the minor source baseline date is established for the pollutant for which the 

baseline dates is established, as follows: equal to or greater than 1 ug/ m3(annual average) for 

SO2, NO2 or PM10; or equal or greater than 0.3 ug/ m3(annual average) for PM2.5.

2. Area redesignations under 107(d)(1)(D) or (E) 107(d)(1)(A)(ii) or (iii) of the Act 

cannot intersect or be smaller than the area of impact of any major stationary source or major 

modification which establishes a minor source baseline date or is subject to regulations specified 

in this rule, in 40 CFR 52.21 (PSD requirements), or in department rules approved by EPA 

under 40 CFR Part 51, Subpart I, and would be constructed in the same state as the state 

proposing the redesignation.
9

3. Any baseline area established originally for the total suspended particulate 

increments shall remain in effect and shall apply for purposes of determining the amount of 

available PM10 increments, except that such baseline area shall not remain in effect if the 

permitting authority rescinds the corresponding minor source baseline date in accordance with 

the definition of ―baseline date‖ specified in this subrule.

“Baseline date” means:

1. Either ―major source baseline date‖ or ―minor source baseline date‖ as follows:

(a) The ―major source baseline date‖ means, in the case of particulate matter PM10

and sulfur dioxide, January 6, 1975, and in the case of nitrogen dioxide, February 8, 1988, and 

in the case of PM2.5, October 20, 2010.

(b) The ―minor source baseline date‖ means the earliest date after the trigger date on 

which a major stationary source or a major modification subject to 40 CFR 52.21 as amended 

through November 29, 2005, October 20, 2010, or subject to this rule (PSD program 

requirements), or subject to a department rule approved by EPA under 40 CFR Part 51, Subpart 

I, submits a complete application under the relevant regulations. The trigger date for particulate 

matter PM10 and sulfur dioxide is August 7, 1977. For nitrogen dioxide, the trigger date is 

February 8, 1988. For PM2.5, the trigger date is October 20, 2010.

2. The ―baseline date‖ is established for each pollutant for which increments or other 

equivalent measures have been established if:

(a) The area in which the proposed source or modification would construct is 

designated as attainment or unclassifiable under Section 107(d)(1)(D) or (E) 107(d)(1)(A)(ii) or 
10

(iii) of the Act for the pollutant on the date of its complete application under 40 CFR 52.21 as 

amended through November 29, 2005, October 20, 2010, or under regulations specified in this 

rule (PSD program requirements); and

(b) In the case of a major stationary source, the pollutant would be emitted in 

significant amounts, or in the case of a major modification, there would be a significant net 

emissions increase of the pollutant.

Any minor source baseline date established originally for the total suspended particulate 

increments shall remain in effect and shall apply for purposes of determining the amount of 

available PM10 increments, except that the reviewing authority may rescind any such minor 

source baseline date where it can be shown, to the satisfaction of the reviewing authority, that 

the emissions increase from the major stationary source, or the net emissions increase from the 

major modification, responsible for triggering that date did not result in a significant amount of 

PM10 emissions.

“Enforceable permit condition,” for the purpose of this chapter, means any of the 

following limitations and conditions: requirements development pursuant to new source 

performance standards, prevention of significant deterioration standards, emissions standards for 

hazardous air pollutants, requirements within the SIP, and any permit requirements established 

pursuant to this chapter, any permit requirements established pursuant to 40 CFR 52.21 or Part 

51, Subpart I, as amended through November 29, 2005, October 20, 2010, or under conditional, 

construction or Title V operating permit rules.
11

“Federally enforceable” means all limitations and conditions which are enforceable by the 

Administrator and the department, including those federal requirements not yet adopted by the 

state, developed pursuant to 40 CFR Parts 60, 61 and 63; requirements within 567—subrules 

23.1(2) through 23.1(5); requirements within the SIP; any permit requirements established 

pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51, Subpart I, 

as amended through November 29, 2005, October 20, 2010, including operating permits issued 

under an EPA-approved program, that are incorporated into the SIP and expressly require 

adherence to any permit issued under such program.

“Regulated NSR pollutant” means the following:

1. Any pollutant for which a national ambient air quality standard has been 

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

Administrator (e.g., volatile organic compounds and NOx are precursors for ozone);

(a) Volatile organic compounds and nitrogen oxides are precursors to ozone in all 

attainment and unclassifiable areas.

(b) Sulfur dioxide is a precursor to PM2.5 in all attainment and unclassifiable areas.

(c) Nitrogen oxides are presumed to be precursors to PM2.5 in all attainment and 

unclassifiable areas unless the applicant demonstrates to the department’s satisfaction that 

emissions of nitrogen oxides from sources in a specific area are not a significant contributor to 

the area’s ambient PM2.5 concentrations.

2. Any pollutant that is subject to any standard promulgated under Section 111 of 

the Act;
12

3. Any Class I or Class II substance subject to a standard promulgated under or 

established by Title VI of the Act; or

4. Any pollutant that otherwise is subject to regulation under the Act as defined in 

33.3(1), definition of ―subject to regulation.‖

5. Notwithstanding paragraphs ―1‖ through ―4,‖ the definition of ―regulated NSR 

pollutant‖ shall not include any or all hazardous air pollutants that are either listed in Section 

112 of the Act or added to the list pursuant to Section 112(b)(2) of the Act and that have not 

been delisted pursuant to Section 112(b)(3) of the Act, unless the listed hazardous air pollutant is 

also regulated as a constituent or precursor of a general pollutant listed under Section 108 of the 

Act.

“Significant” means:

1. In reference to a net emissions increase or the potential of a source to emit 

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

following rates:

Pollutant and Emissions Rate

● Carbon monoxide: 100 tons per year (tpy)

● Nitrogen oxides: 40 tpy

● Sulfur dioxide: 40 tpy

● Particulate matter: 25 tpy of particulate matter emissions or 15 tpy of PM10

emissions

● PM10: 15 tpy
13

● PM2.5: 10 tpy of PM2.5 emissions; 40 tpy of sulfur dioxide emissions; 40 tpy 

of nitrogen oxide emissions

● Ozone: 40 tpy of volatile organic compounds or NOx

● Lead: 0.6 tpy

● Fluorides: 3 tpy

● Sulfuric acid mist: 7 tpy

● Hydrogen sulfide (H2 S): 10 tpy

● Total reduced sulfur (including H2 S): 10 tpy

● Reduced sulfur compounds (including H2 S): 10 tpy

● Municipal waste combustor organics (measured as total tetra- through 

octa-chlorinated dibenzo-p-dioxins and dibenzofurans): 3.2 × 10-6 megagrams per 

year (3.5 × 10-6tons per year)

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

megagrams per year (15 tons per year)

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

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

● Municipal solid waste landfill emissions (measured as nonmethane organic 

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

2. ―Significant‖ means, for purposes of this rule and in reference to a net 

emissions increase or the potential of a source to emit a regulated NSR pollutant not listed in 

paragraph ―1,‖ any emissions rate.

3. Notwithstanding paragraph ―1,‖ ―significant,‖ for purposes of this rule, 

means any emissions rate or any net emissions increase associated with a major stationary source 
14

or major modification, which would construct within ten kilometers of a Class I area, and have an 

impact on such area equal to or greater than 1 ug/m3(24-hour average).

ITEM 6. Amend subrule 33.3(3) as follows:

33.3(3) Ambient air increments. The provisions for ambient air increments as specified in 

40 CFR 52.21(c) as amended through November 29, 2005, October 20, 2010, are adopted by 

reference.

ITEM 7. Amend subrule 33.3(9) as follows:

33.3(9) Exemptions. The provisions for allowing exemptions from certain requirements 

for PSD-subject sources as specified in 40 CFR 52.21(i) as amended through May 1, 2007,

October 20, 2010, are adopted by reference.

ITEM 8. Amend subrule 33.3(11) as follows:

33.3(11) Source impact analysis. The provisions for a source impact analysis as specified 

in 40 CFR 52.21(k) as amended through November 29, 2005, October 20, 2010, are adopted by 

reference.

ITEM 9. Amend subrule 33.3(16) as follows:

33.3(16) Sources impacting federal Class I areas—additional requirements. The 

provisions for sources impacting federal Class I areas as specified in 40 CFR 51.166(p) as 

amended through November 29, 2005, October 20, 2010, are adopted by reference. The 
15

following phrases contained in 40 CFR 51.166(p) are not adopted by reference: ―the plan may 

provide that,‖ ―the plan shall provide that,‖ ―the plan shall provide‖ and ―mechanism whereby.‖

ITEM 10. Amend subrule 33.3(20) as follows:

33.3(20) Conditions for permit issuance. Except as explained below, a permit may not be 

issued to any new ―major stationary source‖ or ―major modification‖ as defined in subrule 33.3(1) 

that would locate in any area designated as attainment or unclassifiable for any national ambient 

air quality standard pursuant to Section 107 of the Act, when the source or modification would 

cause or contribute to a violation of any national ambient air quality standard. A major stationary 

source or major modification will be considered to cause or contribute to a violation of a national 

ambient air quality standard when such source or modification would, at a minimum, exceed the 

following significance levels at any locality that does not or would not meet the applicable 

national standard:

Significant Impact Levels (SILs)

Averaging Time

Annual 24 hrs. 8 hrs. 3 hrs. 1 hr.

Pollutant (ug/m3) (ug/m3) (ug/m3) (ug/m3) (ug/m3)

SO2 1.0 5 ——— 25 ———

PM10 1.0 5 ——— ——— ———

PM2.5 0.3 1.2

NO2 1.0 ——— ——— ——— ———

CO ——— ——— 500 ——— 2000

A permit may be granted to a major stationary source or major modification as identified 

above if the major stationary source or major modification reduces the impact of its emissions 
16

upon air quality by obtaining sufficient emissions reductions to compensate for its adverse ambient 

air impact where the major stationary source or major modification would otherwise contribute to 

a violation of any national ambient air quality standard. This subrule shall not apply to a major 

stationary source or major modification with respect to a particular pollutant if the owner or 

operator demonstrates that the source is located in an area designated under Section 107 of the 

Act as nonattainment for that pollutant.

ITEM 11. Add new subrule 33.3(22) as follows‖

33.3(22) Permit rescission. Any permit issued under 567 Chapter 33 or any permit 

issued under rule 567—22.4(455B) shall remain in effect unless and until it is rescinded. The 

department may rescind a permit issued under 567 Chapter 33 or rule 567—22.4(455B) if the 

department has knowledge that a permit holder has lost legal entitlement to use the property 

identified in the permit, upon notice that the owner or operator no longer wishes to continue 

operation of the permitted equipment, or upon notice that the owner or operator of the permitted 

equipment no longer wishes to retain the permit for future operation. If the department rescinds 

a permit under this rule, the public shall be given adequate notice of the rescission. Publication 

of an announcement of rescission in a newspaper of general circulation in the affected region 

within 60 day of the rescission shall be considered adequate notice.

_________________________________

Date

_________________________________

Roger L. Lande, Director
Iowa Administrative Bulletin

Volume XXXV, Number 3

August 8, 2012

Pages 244-253

1

ARC 0260C

ENVIRONMENTAL PROTECTION COMMISSION[567]

Adopted and Filed

Pursuant to the authority of Iowa Code section 455B.133, the Environmental 

Protection Commission hereby amends Chapter 33, “Special Regulations and 

Construction Permit Requirements for Major Stationary Sources—Prevention of 

Significant Deterioration (PSD) of Air Quality,” Iowa Administrative Code.

The purpose of the amendments is to adopt changes to the federal regulations for 

Prevention of Significant Deterioration (PSD) into Iowa’s administrative rules for air 

quality. The U.S. Environmental Protection Agency (EPA) finalized amendments to the 

PSD regulations over a three-year period to address the revised national ambient air 

quality standards (NAAQS) for fine particulate matter that is less than or equal to 2.5 

micrometers in diameter (PM2.5). EPA issued the final regulation necessary for PM2.5

implementation for the PSD program on December 21, 2010.

Through this rule making, the Department is also providing a mechanism to allow 

industry to request rescission of a PSD permit. The amendment matches federal 

regulations and will be a benefit to facilities that meet the qualifications for rescission of 

a PSD permit. Additionally, the Department is adopting an amendment to clarify under 

what circumstances facilities are required to keep records and the types of records that 

must be kept. The amendment matches federal regulations and will be a benefit to 

facilities that must meet record-keeping requirements.

Notice of Intended Action was published in the Iowa Administrative Bulletin on 

April 18, 2012, as ARC 0097C. A public hearing was held on May 18, 2012. The 
2

Department did not receive any comments at the public hearing. The Department 

received one written comment before the close of the public comment period on May 18, 

2012. The written comment was submitted by EPA Region VII. The submitted comment 

and the Department’s response to the comment are summarized in the public 

responsiveness summary available from the Department. The Department made changes 

to the amendments in response to EPA’s comments. The changes are described in the 

explanation of the amendments in Item 1.

To ensure that Iowans have clean air to breathe, the Department is required by 

federal and state law to develop state implementation plans that manage outdoor air 

resources so that existing, new, and modified sources of air pollution do not cause or 

contribute to violations of the NAAQS.

Community, business and industry, agriculture, and transportation activities all 

contribute to air pollution in the atmosphere. Appropriate plans and programs to address 

these contributions are the building blocks necessary to ensure that the air Iowans breathe 

meets health-based air quality standards. One of these building blocks is the federal PSD 

program that establishes requirements for very large sources of air pollution.

The PSD program is a component of New Source Review (NSR) that includes 

procedures to ensure that air quality standards are maintained. The NSR program was 

designed to allow economic growth in harmony with the preservation of existing clean 

air. Requirements and limits are specified in preconstruction permits to protect the public 

from the adverse effects which might occur if sources were allowed to operate 

unregulated.

There are three types of preconstruction air quality permitting that comprise NSR: 
3

minor, major, and nonattainment NSR. Minor source preconstruction permitting is for 

sources that emit less than either 100 or 250 tons per year (tpy) of any one air pollutant 

depending on the facility’s source category. Major source preconstruction permitting is 

for sources whose plantwide emissions exceed the 100 or 250 tpy threshold for any one 

air pollutant. Major source preconstruction permitting entails issuance of either a PSD 

permit or a permit to avoid PSD applicability. Lastly, nonattainment NSR preconstruction 

permitting occurs within those areas of the state that are not meeting the ambient air 

quality standards. Iowa currently does not have any nonattainment areas for PM2.5.

The Department has administered an EPA-approved state PSD program since 

1987. In general, the PSD program requires that an affected facility obtain a PSD permit 

specifying how the facility will control air emissions. The permit requires the facility to 

apply best available control technology (BACT), which is determined on a case-by-case 

basis, taking into account, among other factors, the cost and effectiveness of the control. 

Ambient air impact analyses are conducted to determine whether the proposed emission 

limits, controls, and operating conditions will be sufficient to prevent violations of the 

NAAQS and unacceptable levels of air quality deterioration.

The NAAQS for PM2.5 establish limits on the acceptable exposure and public 

health impacts of PM2.5. PM2.5 can easily bypass most of the body’s defense mechanisms 

and become lodged deep in the lungs, where the particles can cause coughing, difficulty 

breathing, or aggravated asthma; development of chronic bronchitis; nonfatal heart 

attacks; and premature death in people with heart or lung disease.

EPA created an NAAQS in 1997 for this pollutant in order to better protect the 

public from the adverse impacts of PM2.5 on human health. EPA strengthened the PM2.5
4

NAAQS in 2006 based on reviews of the latest public health information and scientific 

data, reducing the acceptable level of PM2.5 to which humans can be exposed from 65 

micrograms per cubic meter of air (μg/m3) to 35 μg/m3.

An important component to establishing the revised air quality standards for 

PM2.5 is EPA’s corresponding changes to the PSD program. EPA finalized the first of its 

PSD amendments for PM2.5 implementation in May 2008 but did not finalize the last of 

the necessary updates until December 21, 2010. Now that EPA has completed the PSD 

amendments for PM2.5, the Department is proceeding with proposing necessary 

amendments to Iowa’s air quality rules for the PSD program.

This rule making amends Iowa’s air quality rules to implement changes to the 

federal PM2.5 regulations that EPA finalized in a phased approach over three years. This 

rule making addresses two EPA actions:

● On May 16, 2008, EPA publication of final rules setting PSD significant 

emissions rates for PM2.5 and addressing PM2.5 precursors; and

● On October 20, 2010, EPA publication of final rules setting PSD 

increments, significant impact levels (SILs), and significant monitoring concentrations 

(SMCs) for PM2.5.

On December 21, 2010, EPA published federal rules establishing EPA stack 

testing methods for PM2.5. The Department has proposed adoption by reference of these 

federal rules in a separate rule making published under Notice of Intended Action as 

ARC 0087C in the April 18, 2012, Iowa Administrative Bulletin.

For industry to continue to receive federally acceptable PSD permits from the 

State, the Department must adopt these PM2.5 requirements into administrative rules. On 
5

September 8, 2011, EPA published a finding of failure of the State of Iowa to submit a 

State Implementation Plan (SIP) for the NAAQS for PM2.5. EPA’s finding became 

effective on October 11, 2011, and establishes a deadline for EPA to issue a Federal 

Implementation Plan for PM2.5 if the outstanding SIP elements, including adoption of the 

PSD requirements in this rule making, are not completed. Failure to adopt PSD 

requirements for PM2.5 may result in the loss of the State’s PSD program, which would 

cause the EPA to become the permitting authority and would significantly increase the 

amount of time required for a facility to obtain a PSD permit.

Additionally, two amendments included in the rule making, the permit rescission 

and record-keeping provisions, provide regulatory flexibility to affected facilities. Failure 

to adopt these amendments would have prevented the Department from providing these 

benefits to industry.

Item 1 amends subrule 33.3(1) to revise the definitions of “baseline area,” 

“baseline date,” “enforceable permit condition,” “federally enforceable,” “regulated NSR 

pollutant,” and “significant” to match the changes EPA made in 40 Code of Federal 

Regulations (CFR) 51.166 and 52.21 to implement the PM2.5 NAAQS. The revised 

definitions match the federal definitions in 40 CFR 51.166 and 52.21. The Department is 

also revising references to specific sections of the Clean Air Act to match corrections that 

EPA made to the CFR.

Since the publication of the Notice of Intended Action, the Department has made 

changes to the amendment of the definition of “regulated NSR pollutant” based on 

comments received from EPA Region VII.

First, EPA requested in its comments that the Department make revisions to 
6

match the federal language to clarify that EPA has concurrent authority with the 

Department to make determinations for PM2.5 precursors in areas of the state. The 

Department agrees that EPA has concurrent authority to make these determinations, and 

the Department has made the recommended change to numbered paragraph “1” of the 

definition.

Second, EPA commented on a portion of proposed language describing 

condensable particulate matter. EPA stated that, although the proposed language matched 

the federal amendments to the PSD regulations, the language is now obsolete and that, 

further, the federal provisions do not apply to Iowa’s federally approved PSD program. 

The Department agrees with EPA’s comments and has removed the language from 

numbered paragraph “6” of the definition as EPA suggested. No other changes from the 

Notice have been made.

Item 2 amends subrule 33.3(3) to adopt by reference EPA’s revisions to the 

ambient air increments to include thresholds for PM2.5.

Item 3 amends subrule 33.3(9) to adopt by reference EPA’s amendments to the 

PSD exemptions to incorporate PM2.5.

Item 4 amends subrule 33.3(11) to adopt by reference EPA’s revisions to the 

source impact analysis requirements to include PM2.5.

Item 5 amends subrule 33.3(16) to adopt by reference EPA’s revisions to the 

requirements for sources impacting federal Class I areas to include PM2.5.

Item 6 amends subrule 33.3(18) to revise the “source obligation” provisions to 

match current federal PSD regulations. This amendment clarifies under what conditions 

source owners and operators must keep records and the specific records that must be 
7

kept. The amendment also adds the federal definition of “reasonable possibility” for 

purposes of keeping records under subrule 33.3(18). This amendment will allow facilities 

additional record-keeping flexibility and reduce the record-keeping burden.

Item 7 amends subrule 33.3(20) to revise the provisions for the conditions for 

permit issuance to match EPA amendments that establish the PSD significance levels for 

PM2.5.

Item 8 adds new subrule 33.3(22) to establish provisions for rescinding a PSD 

permit. Currently, there is no mechanism in rules for the Department to rescind a PSD 

permit, even if PSD program requirements no longer apply to a facility. This provision 

was inadvertently excluded when the Department adopted amendments to PSD rules in 

2006. This adopted amendment matches EPA’s regulations in 40 CFR 52.21(w).

The complete Jobs Impact Statement prepared by the Department is available 

from the Department upon request. The following is a summary of the Jobs Impact 

Statement.

After analysis and review of this rule making, there could be an impact on jobs. 

However, these amendments are mandated by EPA federal regulations, and the State of 

Iowa is not requiring additional regulations. The Department will continue to work with 

stakeholders to minimize any adverse impact on jobs and to maximize any positive 

impact on jobs.

One of Congress’s goals for PSD as set forth in the Clean Air Act was to allow 

economic growth in harmony with the preservation of existing clean air. Requirements 

and limits are specified in preconstruction permits to protect the public from adverse 

effects that might occur if sources were allowed to operate unregulated. The requirements 
8

in PSD permits help prevent areas of the state from becoming nonattainment areas. Major 

sources locating in or undergoing modifications in nonattainment areas must generally 

meet emissions requirements stricter than those called for under the PSD program. 

Communities in nonattainment areas attempting to meet the Clean Air Act requirements 

can face significant challenges that make it very difficult or impossible for businesses to 

locate or expand in that area. Currently, Iowa does not have any nonattainment areas for 

PM2.5, in part because of the success of the PSD program in preventing air quality from 

deteriorating. Companies may locate or expand in any area of the state without the 

significant barriers that would be imposed by PM2.5 nonattainment, and this may create a 

positive jobs impact.

The Department estimated emissions control costs required for the PSD 

program’s BACT provisions. These estimates are based on three companies’ tax filings 

from 2009, 2010, and 2011. These costs ranged from $30,000 to $10 million and included 

all costs associated with equipment and installation. However, because BACT is also 

required for total particulate matter (PM) emissions and course particulate matter (PM10) 

emissions, only one-half to one-third of these very generally estimated costs can be 

attributed to PM2.5. Additionally, because EPA requires a PSD program for each state, 

these costs are not unique to Iowa and would likely vary little from state to state.

In addition, the Department estimated costs of preparing PSD permit applications, 

based on information from consultants that prepare PSD applications for their clients. 

Total application preparation costs ranged from $25,000 to $100,000. Typically, a project 

does not go through PSD review for just one pollutant. Costs attributed to PM2.5 would be 

only a portion of the PSD application costs, likely ranging from 15 percent to 50 percent.
9

The PSD program is a national program imposed through the Clean Air Act, so 

any company locating a large, new facility or considering a major expansion in any state 

in the United States will be required to go through PSD review. Although PSD 

requirements are consistent across states, some of the variables include the cost to apply 

for a PSD permit and the turnaround time to get a PSD permit.

The Department does not charge a fee for submitting a PSD permit application. 

Application fees in other states range from several hundred dollars per project to tens of 

thousands of dollars per project. The Department’s no-cost PSD application process may 

have a positive impact on jobs.

Because companies are allowed to conduct only very limited preparatory 

construction activities prior to obtaining the PSD permit, it is a significant incentive for 

the company to receive the PSD permit as quickly as possible. For this reason, the 

Department’s no-cost application and relatively quick turnaround time may be incentives 

for companies to build or expand in Iowa. This may be a positive jobs impact for 

industrial jobs.

These amendments are intended to implement Iowa Code subsections 

455B.133(1), 455B.133(4), and 455B.133(5) and the U.S. Clean Air Act (CAA) Title I, 

Part C (CAA §160-169b; U.S.C. §7470-7492).

These amendments will become effective on September 12, 2012.

The following amendments are adopted.

Item 1. Amend the following definitions in subrule 33.3(1):

“Baseline area” means:

1. Any intrastate area (and every part thereof) designated as attainment or 
10

unclassifiable under Section 107(d)(1)(D) or (E) 107(d)(1)(A)(ii) or (iii) of the Act in 

which the major source or major modification establishing the minor source baseline date 

would construct or would have an air quality impact equal to or greater than 1 ug/m3

(annual average) of the pollutant for which the minor source baseline date is established

for the pollutant for which the baseline date is established, as follows: equal to or greater 

than 1 μg/m3(annual average) for sulfur dioxide (SO2), nitrogen dioxide (NO2) or PM10; 

or equal to or greater than 0.3 μg/m3(annual average) for PM2.5.

2. Area redesignations under Section 107(d)(1)(D) or (E) 107(d)(1)(A)(ii) or 

(iii) of the Act cannot intersect or be smaller than the area of impact of any major 

stationary source or major modification which establishes a minor source baseline date or 

is subject to regulations specified in this rule, in 40 CFR 52.21 (PSD requirements), or in 

department rules approved by EPA under 40 CFR Part 51, Subpart I, and would be 

constructed in the same state as the state proposing the redesignation.

3. Any baseline area established originally for the total suspended particulate 

increments shall remain in effect and shall apply for purposes of determining the amount 

of available PM10 increments, except that such baseline area shall not remain in effect if 

the permitting authority rescinds the corresponding minor source baseline date in 

accordance with the definition of “baseline date” specified in this subrule.

“Baseline date” means:

1. Either “major source baseline date” or “minor source baseline date” as 

follows:

(a) The “major source baseline date” means, in the case of particulate matter

PM10 and sulfur dioxide, January 6, 1975, and; in the case of nitrogen dioxide, February 
11

8, 1988; and in the case of PM2.5, October 20, 2010.

(b) The “minor source baseline date” means the earliest date after the trigger 

date on which a major stationary source or a major modification subject to 40 CFR 52.21 

as amended through November 29, 2005, October 20, 2010, or subject to this rule (PSD 

program requirements), or subject to a department rule approved by EPA under 40 CFR 

Part 51, Subpart I, submits a complete application under the relevant regulations. The 

trigger date for particulate matter PM10 and sulfur dioxide is August 7, 1977. For nitrogen 

dioxide, the trigger date is February 8, 1988. For PM2.5, the trigger date is October 20, 

2011.

2. The “baseline date” is established for each pollutant for which increments 

or other equivalent measures have been established if:

(a) The area in which the proposed source or modification would construct is 

designated as attainment or unclassifiable under Section 107(d)(i)(D) or (E)

107(d)(1)(A)(ii) or (iii) of the Act for the pollutant on the date of its complete application 

under 40 CFR 52.21 as amended through November 29, 2005, October 20, 2010, or 

under regulations specified in this rule (PSD program requirements); and

(b) In the case of a major stationary source, the pollutant would be emitted in 

significant amounts, or in the case of a major modification, there would be a significant 

net emissions increase of the pollutant.

Any minor source baseline date established originally for the total suspended 

particulate increments shall remain in effect and shall apply for purposes of determining 

the amount of available PM10 increments, except that the reviewing authority may rescind 

any such minor source baseline date where it can be shown, to the satisfaction of the 
12

reviewing authority, that the emissions increase from the major stationary source, or the 

net emissions increase from the major modification, responsible for triggering that date 

did not result in a significant amount of PM10 emissions.

“Enforceable permit condition,” for the purpose of this chapter, means any of the 

following limitations and conditions: requirements development developed pursuant to 

new source performance standards, prevention of significant deterioration standards, 

emissions standards for hazardous air pollutants, requirements within the SIP, and any 

permit requirements established pursuant to this chapter, any permit requirements 

established pursuant to 40 CFR 52.21 or Part 51, Subpart I, as amended through 

November 29, 2005, October 20, 2010, or under conditional, construction or Title V 

operating permit rules.

“Federally enforceable” means all limitations and conditions which are 

enforceable by the Administrator and the department, including those federal 

requirements not yet adopted by the state, developed pursuant to 40 CFR Parts 60, 61 and 

63; requirements within 567—subrules 23.1(2) through 23.1(5); requirements within the 

SIP; any permit requirements established pursuant to 40 CFR 52.21 or under regulations 

approved pursuant to 40 CFR Part 51, Subpart I, as amended through November 29, 

2005, October 20, 2010, including operating permits issued under an EPA-approved 

program, that are incorporated into the SIP and expressly require adherence to any permit 

issued under such program.

“Regulated NSR pollutant” means the following:

1. Any pollutant for which a national ambient air quality standard has been 

promulgated and any constituents or precursors for such pollutants identified by the 
13

Administrator (e.g., volatile organic compounds and NOX are precursors for ozone);:

(a) Volatile organic compounds and nitrogen oxides are precursors to ozone 

in all attainment and unclassifiable areas;

(b) Sulfur dioxide is a precursor to PM2.5 in all attainment and unclassifiable 

areas;

(c) Nitrogen oxides are presumed to be precursors to PM2.5 in all attainment 

and unclassifiable areas, unless the department demonstrates to EPA’s satisfaction or 

EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are 

not a significant contributor to the area’s ambient PM2.5 concentrations;

(d) Volatile organic compounds are presumed not to be precursors to PM2.5 in 

any attainment and unclassifiable areas, unless the department demonstrates to EPA’s 

satisfaction or EPA demonstrates that emissions of volatile organic compounds from 

sources in a specific area are a significant contributor to that area’s ambient PM2.5

concentrations;

2. Any pollutant that is subject to any standard promulgated under Section 

111 of the Act;

3. Any Class I or Class II substance subject to a standard promulgated under 

or established by Title VI of the Act; or

4. Any pollutant that otherwise is subject to regulation under the Act as 

defined in 33.3(1), definition of “subject to regulation.”

5. Notwithstanding paragraphs “1” through “4,” the definition of “regulated 

NSR pollutant” shall not include any or all hazardous air pollutants that are either listed 

in Section 112 of the Act or added to the list pursuant to Section 112(b)(2) of the Act and 
14

that have not been delisted pursuant to Section 112(b)(3) of the Act, unless the listed 

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

pollutant listed under Section 108 of the Act.

6. Particulate matter (PM) emissions, PM2.5 emissions and PM10 emissions 

shall include gaseous emissions from a source or activity which condense to form 

particulate matter at ambient temperatures.

“Significant” means:

1. In reference to a net emissions increase or the potential of a source to emit 

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

following rates:

Pollutant and Emissions Rate

● Carbon monoxide: 100 tons per year (tpy)

● Nitrogen oxides: 40 tpy

● Sulfur dioxide: 40 tpy

● Particulate matter: 25 tpy of particulate matter emissions or 15 tpy of PM10

emissions

● PM10: 15 tpy

● PM2.5: 10 tpy of direct PM2.5 emissions; 40 tpy of sulfur dioxide 

emissions; 40 tpy of nitrogen oxide emissions (unless the department demonstrates to 

EPA’s satisfaction that emissions of nitrogen oxides from sources in a specific area are 

not a significant contributor to the area’s ambient PM2.5 concentrations)

● Ozone: 40 tpy of volatile organic compounds or NOx

● Lead: 0.6 tpy
15

● Fluorides: 3 tpy

● Sulfuric acid mist: 7 tpy

● Hydrogen sulfide (H2S): 10 tpy

● Total reduced sulfur (including H2S): 10 tpy

● Reduced sulfur compounds (including H2S): 10 tpy

● Municipal waste combustor organics (measured as total tetra- through 

octa-chlorinated dibenzo-p-dioxins and dibenzofurans): 3.2 × 10-6 megagrams per year 

(3.5 × 10-6tons per year)

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

megagrams per year (15 tons per year)

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

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

● Municipal solid waste landfill emissions (measured as nonmethane 

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

2. “Significant” means, for purposes of this rule and in reference to a net 

emissions increase or the potential of a source to emit a regulated NSR pollutant not 

listed in paragraph “1,” any emissions rate.

3. Notwithstanding paragraph “1,” “significant,” for purposes of this rule, 

means any emissions rate or any net emissions increase associated with a major 

stationary source or major modification, which would construct within ten kilometers of a 

Class I area, and have an impact on such area equal to or greater than 1 μg/m3(24-hour 

average).
16

Item 2. Amend subrule 33.3(3) as follows:

33.3(3) Ambient air increments. The provisions for ambient air increments as 

specified in 40 CFR 52.21(c) as amended through November 29, 2005, October 20, 2010,

are adopted by reference.

Item 3. Amend subrule 33.3(9) as follows:

33.3(9) Exemptions. The provisions for allowing exemptions from certain 

requirements for PSD-subject sources as specified in 40 CFR 52.21(i) as amended 

through May 1, 2007, October 20, 2010, are adopted by reference.

Item 4. Amend subrule 33.3(11) as follows:

33.3(11) Source impact analysis. The provisions for a source impact analysis as 

specified in 40 CFR 52.21(k) as amended through November 29, 2005, October 20, 2010,

are adopted by reference.

Item 5. Amend subrule 33.3(16) as follows:

33.3(16) Sources impacting federal Class I areas—additional requirements. The 

provisions for sources impacting federal Class I areas as specified in 40 CFR 51.166(p) 

as amended through November 29, 2005, October 20, 2010, are adopted by reference. 

The following phrases contained in 40 CFR 51.166(p) are not adopted by reference: “the 

plan may provide that,” “the plan shall provide that,” “the plan shall provide” and 

“mechanism whereby.”
17

Item 6. Amend subrule 33.3(18) as follows:

33.3(18) Source obligation.

a. Approval to construct shall not relieve any owner or operator of the 

responsibility to comply fully with applicable provisions of the plan and any other 

requirements under local, state or federal law.

b. At such time that a particular source or modification becomes a major 

stationary source or major modification solely by virtue of a relaxation in any enforceable 

limitation which was established after August 7, 1980, on the capacity of the source or 

modification otherwise to emit a pollutant, such as a restriction on hours of operation, the 

requirements of subrules 33.3(10) through 33.3(19) shall apply to the source or 

modification as though construction had not yet commenced on the source or 

modification.

c. Any owner or operator who constructs or operates a source or 

modification not in accordance with the application pursuant to the provisions in rule 

567—33.3(455B) or with the terms of any approval to construct, or any owner or 

operator of a source or modification subject to the provisions in rule 567—33.3(455B) 

who commences construction after April 15, 1987 (the effective date of Iowa’s PSD 

program), without applying for and receiving department approval, shall be subject to 

appropriate enforcement action.

d. Approval to construct shall become invalid if construction is not 

commenced within 18 months after receipt of such approval, if construction is 

discontinued for a period of 18 months or more, or if construction is not completed within 

a reasonable time. The department may extend the 18-month period upon a satisfactory 
18

showing that an extension is justified. These provisions do not apply to the time between 

construction of the approved phases of a phased construction project; each phase must 

commence construction within 18 months of the projected and approved commencement 

date.

e. Reserved.

f. The Except as otherwise provided in subparagraph (8), the following 

specific provisions shall apply to with respect to any regulated NSR pollutant emitted 

from projects at existing emissions units at a major stationary source, other than projects 

at a source with a PAL, in circumstances in which where there is a “reasonable 

possibility,” within the meaning of subparagraph (8), that a project that is not part of a 

major modification may result in a significant emissions increase of such pollutant, and 

the owner or operator elects to use the method for calculating projected actual emissions 

as specified in subrule 33.3(1), paragraphs “1” through “3” of the definition of “projected 

actual emissions.”

(1) Before beginning actual construction of the project, the owner or operator 

shall document and maintain a record of the following information:

1. A description of the project;

2. Identification of the emissions unit(s) whose emissions of a regulated NSR 

pollutant could be affected by the project; and

3. A description of the applicability test used to determine that the project is 

not a major modification for any regulated NSR pollutant, including the baseline actual 

emissions, the projected actual emissions, the amount of emissions excluded under 

paragraph “3” of the definition of “projected actual emissions” in subrule 33.3(1), an 
19

explanation describing why such amount was excluded, and any netting calculations, if 

applicable.

(2) No less than 30 days before beginning actual construction, the owner or 

operator shall meet with the department to discuss the owner’s or operator’s 

determination of projected actual emissions for the project and shall provide to the 

department a copy of the information specified in paragraph “f.” The owner or operator 

is not required to obtain a determination from the department regarding the project’s 

projected actual emissions prior to beginning actual construction.

(3) If the emissions unit is an existing electric utility steam generating unit, 

before beginning actual construction, the owner or operator shall provide a copy of the 

information set out in subparagraph (1) to the department. The requirements in 

subparagraphs (1), (2) and (3) shall not be construed to require the owner or operator of 

such a unit to obtain any determination from the department before beginning actual 

construction.

(4) The owner or operator shall:

1. Monitor the emissions of any regulated NSR pollutant that could increase 

as a result of the project and that is emitted by any emissions unit identified in 

subparagraph (1);

2. Calculate the annual emissions, in tons per year on a calendar-year basis, 

for a period of five years following resumption of regular operations and maintain a 

record of regular operations after the change, or for a period of ten years following 

resumption of regular operations after the change if the project increases the design 

capacity or potential to emit of that regulated NSR pollutant at such emissions unit (for 
20

purposes of this requirement, “regular” shall be determined by the department on a caseby-case basis); and

3. Maintain a written record containing the information required in this 

subparagraph.

(5) The written record containing the information required in subparagraph 

(4) shall be retained by the owner or operator for a period of ten years after the project is 

completed.

(6) If the unit is an existing electric utility steam generating unit, the owner or 

operator shall submit a report to the department within 60 days after the end of each year 

during which records must be generated under subparagraph (4) setting out the unit’s 

annual emissions during the calendar year that preceded submission of the report.

(7) If the unit is an existing unit other than an electric utility steam generating 

unit, the owner or operator shall submit a report to the department if the annual 

emissions, in tons per year, from the project identified in subparagraph (1), exceed the 

baseline actual emissions, as documented and maintained pursuant to subparagraph (4), 

by an amount that is “significant” as defined in subrule 33.3(1) for that regulated NSR 

pollutant, and if such emissions differ from the preconstruction projection as documented 

and maintained pursuant to subparagraph (4). Such report shall be submitted to the 

department within 60 days after the end of such year. The report shall contain the 

following:

1. The name, address and telephone number of the major stationary source;

2. The annual emissions as calculated pursuant to subparagraph (4); and

3. Any other information that the owner or operator wishes to include in the 
21

report (e.g., an explanation as to why the emissions differ from the preconstruction 

projection).

8) A “reasonable possibility” under this paragraph (paragraph 33.3(18)“f”) 

occurs when the owner or operator calculates the project to result in either:

1. A projected actual emissions increase of at least 50 percent of the amount 

that is a “significant emissions increase,” as defined under subrule 33.3(1) (without 

reference to the amount that is a significant net emissions increase), for the regulated 

NSR pollutant; or

2. A projected actual emissions increase that, when added to the amount of 

emissions excluded under subrule 33.3(1), paragraph “3” of the definition of “projected 

actual emissions,” equals at least 50 percent of the amount that is a “significant emissions 

increase,” as defined under subrule 33.3(1) (without reference to the amount that is a 

significant net emissions increase), for the regulated NSR pollutant. For a project for 

which a reasonable possibility occurs only within the meaning of this numbered 

paragraph, and not also within the meaning of numbered paragraph “1” of this 

subparagraph (subparagraph (8)), then the provisions of subparagraphs (3) through (7) do 

not apply to the project.

g. The owner or operator of the source shall make the information required to 

be documented and maintained pursuant to paragraph “f” available for review upon 

request for inspection by the department or the general public pursuant to the 

requirements for Title V operating permits contained in 567—subrule 22.107(6).

Item 7. Amend subrule 33.3(20) as follows:

33.3(20) Conditions for permit issuance. Except as explained below, a permit may 
22

not be issued to any new “major stationary source” or “major modification” as defined in 

subrule 33.3(1) that would locate in any area designated as attainment or unclassifiable 

for any national ambient air quality standard pursuant to Section 107 of the Act, when the 

source or modification would cause or contribute to a violation of any national ambient 

air quality standard. A major stationary source or major modification will be considered 

to cause or contribute to a violation of a national ambient air quality standard when such 

source or modification would, at a minimum, exceed the following significance levels at 

any locality that does not or would not meet the applicable national standard:

Significant Impact Levels (SILs)

Averaging Time

Annual 24 hrs. 8 hrs. 3 hrs. 1 hr.

Pollutant (μg/m3) (μg/m3) (μg/m3) (μg/m3) (μg/m3)

SO2 1.0 5 ——— 25 ———

PM10 1.0 5 ——— ——— ———

PM2.5 0.3 1.2 ——— ——— ———

NO2 1.0 ——— ——— ——— ———

CO ——— ——— 500 ——— 2000

A permit may be granted to a major stationary source or major modification as 

identified above if the major stationary source or major modification reduces the impact 

of its emissions upon air quality by obtaining sufficient emissions reductions to 

compensate for its adverse ambient air impact where the major stationary source or major 

modification would otherwise contribute to a violation of any national ambient air quality 

standard. This subrule shall not apply to a major stationary source or major modification 

with respect to a particular pollutant if the owner or operator demonstrates that the source 

is located in an area designated under Section 107 of the Act as nonattainment for that 
23

pollutant.

Item 8. Adopt the following new subrule 33.3(22):

33.3(22) Permit rescission. Any permit issued under 40 CFR 52.21 or this chapter 

or any permit issued under rule 567—22.4(455B) shall remain in effect unless and until it 

is rescinded. The department will consider requests for rescission that meet the conditions 

specified under paragraphs “a” and “b” of this subrule. If the department rescinds a 

permit or a condition in a permit issued under 40 CFR 52.21, this chapter, or rule 567—

22.4(455B), the public shall be given adequate notice of the proposed rescission. 

Publication of an announcement of rescission in a newspaper of general circulation in the 

affected region 60 days prior to the proposed date for rescission shall be considered 

adequate notice.

a. The department may rescind a permit or a portion of a permit upon request 

from an owner or operator of a stationary source who holds a permit for a source or 

modification that was issued under 40 CFR 52.21 as in effect on July 30, 1987, or earlier, 

provided the application also meets the provisions in paragraph “b” of this subrule.

b. If the application for rescission meets the provisions in paragraph “a” of 

this subrule, the department may rescind a permit if the owner or operator shows that the 

PSD provisions under 40 CFR 52.21 would not apply to the source or modification.

[Filed 7/19/12, effective 9/12/12]

[Published 8/8/12]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 8/8/12.