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

455B.145; and 

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

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

'A-THEREAS, the Polk County Public Works Director believes it advisable to amend the 

current air pollution control program rules in the manner set out in Exhibit A in order to update 

references and regulation cross references, add additional definitions, update and add additional 

emission standards for hazardous air pollutants for source categories and add exemptions for 

construction and operating permits, all in order to make the local program more efficient and 

retain approval under section 455B.145;and 

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

before this body acting in its capacity as the Polk County Local Board of Health and all citizens 

appearing to comment on the proposed amendments have been heard and this Board has 

considered any such comments. 

NOW, THE~EFORE, BE IT RESOLVED that acting as the Polk County Local Board of 

Health, this Board hereby adopts the Board of Health Rules and Regulations amendments as set 

forth in 

~to this resolution, and the Rules and Regulations as amended shall be effective 

on and after the day following the date of publication of the amendments pursuant to Section 

137.6(2)(a) ofthe Code oflowa; and ·. 

BE IT FURTHER RESOLVED that acting as the Polk County Board of Supervisors, and 

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

Polk County Local Board of Health Rules and Regulations as set forth in gX,lllbft{~ and 

authorizes the Auditor to cause publication thereof. 

Robert 

~· 

Rice, Director 

E~Cotmty Public Works 

Fiscal Impact: None 

.. 

POLK COUNTY BOARD OF SUPERVISORS 

Acting in its capacity as the 

POLK COUNTY LOCAL BOARD OF HEAL TII 

(For adoption) and acting as the 

POLK COUNTY BOARD OF SUPERVISORS 

(F?_ro~~ 

VPr~erson~ 

ROLLCALL 

FOR ALLOWANCE 

OCT - '8 ?015 

Steve Van Oort £a Nay 

Robert Brownell )II!! Nay 

Tom Hockensmith ~ Nay 

John F. Mauro ..;:td' Nay 

Angela Connolly ::tsnf' Nay 

Y .•' Nay 0 _l _ 

;' tabulation made-;;;ID __ 

€ft--'cci~~~A. 
Contact IndiYidual: Jeremy Becker, Air Quality Engineer/Manager, Polk County Public Works, 286-

2263 

Previous Action taken Approved amendment updates and authorized the Auditor to cause p'..lblication thereof. 

by the Board: 

Board/Commission N/ A 

Actions: 

Action Requested 

(Recommended): 

Background: 

Action Impact: 

Fiscal Note: 

Fiscal New 

Year Budget 

Item? 

(YIN) 

15/16 N 

Approve the updated amendments, acting as the Polk County Board of Supervisors, 

and pursuant to Iowa Code Section 137.6(2)(a) to the Polk County Local Board of 

Health Rules and Regulations, Chapter V -Air Pollution as set forth in ~~i_t4. and 

authorize lhe Auditor to cause publication thereof. 

Polk County has a local air quality program approved under lAC Chapter 455B. 

Generally, the County regulations must track state regulations to retain program 

approval. In 1981, this Board appointed itself to act as the local board of health 

pursuant to Iowa Code Chapter 137. While many Board of Health duties have been 

delegated to the Board of Health Advisory Committee, this Board retains authority 

to adopt and revise health regulations. Iowa Code§ 137.6(2)(a) authorizes County 

Boards of Health lo adopt rules subject to approval by the County Board of 

Supervisors, thus this resolution reflects this Board's dual capacity as both Board of 

Health and Board of Supervisors. 

The proposed rule changes will update County regulations to conform to Federal 

and State Environmental Protection Commission rules at Iowa Administrative Code 

Division 567, Title II, thus allowing the County program to retain state approval 

under Iowa Code section 4 5 5B .14 5. The proposed amendments update County 

Department references and Federal regulation cross references, add additional 

definitions, update and add additional emission standards for hazardous air 

pollutants for sow:ce categories and add exemptions for construction and operating 

permits in the Notice of Hearing (EX6flli~fB) No impact, however failure to adopt the proposed rules may result in loss of 

program cerJ.fication and corresponding loss of Federal and State grant funding. 

#of New Anticipated Anticipated Buduet If Amendment is Required, 

Position(s) E.:pense Re~·enue Amendment Expense Revenue 

Required Required? Account Account 

(YIN) Code Code 

N/A N/A N/A N 

Additional Fiscal Note Information (optional): !"one 
(

)

p

y 

Administrative Code QAC) references and definitions. 

The proposed amendments are a routine update to bring the Board of Health Rules and Regulations, Chapter 

V -Air Pollution up-to-date v.ith 567 Iowa Administrative Code (lAC). 

(Items 3, 4 and 5): Rescind NSPS and NESHAP standards. 

The rescissions proposed for air taxies and new source performance standards affect industries that do not 

currently operate in Iowa, and are unlikely to operate in Iowa in the future . In a recent rulemaking, the IDNR 

rescinded these standards from the Iowa Administrative Code. 

(Item 6): NSPS and NESHAP standards adoption by reference. 

The Public Works Department proposes the adoption of federal air toxics standards (NESHAP) and new 

source performance standards (NSPS), which will provide regulatory benefits. Public health will benefit 

from reductions in air toxics controlled under the NESHAP. Owners and operators of affected facilities must 

comply with federal air taxies standards regardless of whether the county incorporates these federal 

standards into the Board of Health Rules and Regulation, Chapter V -Air Pollution. Therefore, the 

incorporation by reference of the federal standards will not impose any additional costs to the affected 

facilities. The Department proposes to adopt amendments to existing air taxies standards and NSPS that 

generally provide flexibility and clarity, and do not impose additional costs to most affected facilities. 

(Items 7, 8, 9, 10, 11 and 12): Permit Exemptions 

The Public Works Department proposes rule changes to some of the construction and operating permit 

exemptions in support of the current National .A.mbient Air Quality Standards (N.AJ\.QS) for Particulate 

Matter (PM2.5), Lead, Sulfur Dioxide (S02), and Oxides ofNitrogen (NOx). To provide regulatory 

flexibility, the permit exemptions are for low-emitting sources. 
All references to 567 IAC Chapter 23 are amended through March 18, 2015. 

All References to 567 lAC Chapter 24 are amended through October 20, 2010. 

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

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

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

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

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

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

2. Article I. In General, Section 5-2. Definitions are amended as shown below, and by inserting the 

following additional definitions in proper alphabetical order within Section 5-2: 

"Responsible official" means one of the following: 

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

charge of a principal business function, or any other person who performs similar policy or 

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

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

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

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

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

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

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

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

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

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

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

requirements, or prohibitions under Title IV of the Act or the regulations promulgated thereunder are 

concerned; and the designated representative for any other purposes under this chapter. 

"Volatile Organic Compounds" means VOC as found in 40 CFR Part 51.100(s) as amended through Maroh 

24, 2008, March 27, 2014, as adopted by reference in 567 IAC 20.2. 

3. The Introductory paragraph of Article VI. Emission of Air Contaminants From Industrial 

Processes, New source performance standards, Section 5-16(n), Paragraphs (7, 8, 13, 14, 15 & 16) are 

rescinded by deleting the existing paragraph and the following is adopted in lieu thereof: 

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

(8) Secondary lead smelters. (Subpart L) Rescinded . 

(13) Primary copper smelters. (Subpart P) Rescinded. 

(14) Primary zinc smelters. (Subpart Q) Rescinded. 

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

(16) Primary aluminum reduction plants. (SubpartS) Rescinded. 
5. Article VIII. National Emission Standards for Hazardous Air Pollutants for Source Categories, 

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

Paragraph (j, ), is amended by deleting the existing paragraph and the following is adopted in lieu 

thereof: 

G) Emission standards for hazardous air pollutants for polyvinyl chloride and copolymers 

production. (Part 63, Subpart J) Rescinded. 

(p) Emission standards for primary aluminum reduction plants. (Subpart LL) Rescinded. 

(x) National emission standards for hazardous air pollutants from secondary lead smelting. 

(Subpart X). Rescinded 

(cc) National emission standards for hazardous air pollutants from petroleum refineries. (Subpart 

CC). Rescinded. 

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

coating) operations. (Subpart II). Rescinded. 

(ll) Emission standards for hazardous air pollutants for primary aluminum reduction plants. 

(Subpart LL). Rescinded. 

(ccc) Emission standards for hazardous air pollutants for steel pickling-HCL process facilities 

and hydrochloric acid regeneration plants. (Subpart CCC). Rescinded. 

(qqq) Emission standards for hazardous air pollutants for primary copper smelting (Subpart 

QQQ). Rescinded. 

(ttt) Emission standards for hazardous air pollutants for primary lead smelting. (Subpart 

TIT). Rescinded. 

(rrrrr) Emission standards for hazardous air pollutants: taconite iron ore processing. (Part 63, 

Subpart RRRRR) Rescinded. 

(ttttt) Emission standards for hazardous air pollutants: primary magnesium refining. (Part 63, 

Subpart TTTIT) Rescinded. 

6. Article VTII. National Emission Standards for Hazardous Air Pollutants for Source Categories, 

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

amended by adding the following new paragraphs: 

(tttt) Emission standards for hazardous air pollutants for leather finishing operations This standard 

applies to a new or existing leather finishing operation that is a major source of hazardous air 

pollutants (HAPs) emissions or that is located at, or is part of, a major source of HAP 

emissions. In general, a leather finishing operation is a single process or group of processes l..!sed 

to adjust and improve the physical and aesthetic characteristics of the leather surface through 

multistage application of a coating comprised of dyes, pigments, film-forming materials, and 

performance modifiers dissolved or suspended in liquid carriers. (Subpart TTTT). 
This standard applies to chemical manufacturing at new and existing facilities that are area sources 

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

( ddddddd) Emission standards for hazardous air pollutants for area sources: prepared feeds manufacturing. 

This standard applies to prepared feeds manufacturing that produces animal feed products 

(not including feed for cats or dogs) and uses chromium or manganese compounds at new and 

existing facililies that are area sources for hazardous air pollutant emissions. (Part 63, Subpart 

DDDDDDD) 

7. Article X. Permits, Division 1. Construction Permits, Section 5-33. Exemptions from Permit 

Requirements, Introductory paragraph are amended by adding the paragraph: 

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

obligation to comply with any other applicable requirements. 

8. Article X. Permits, Division 1. Construction Permits, Section 5-33. Exemptions from Permit 

Requirements, Introductory paragraph are amended by deleting the existing paragraph and 

the following is adopted in lieu thereof: 

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

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

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

less than the exemption thresholds. 

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

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

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

major sources as defmed in this Chapter. 

9. Article X. Permits, Division 1. Construction Permits, Section 5-33. Exemptions from Permit 

Requirements, Introductory paragraph are amended by inserting the following paragraphs: 

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

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

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

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

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

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

of less than 0. 7 5 psi a. "Maximum true vapor pressure" means the equilibrium partial pressure of the 

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

temperature as reported by the National Weather Service, or for material stored above or below the 
Requirements, Introductory paragraph are amended by adding the paragraph: 

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

obligation to comply with any other applicable requirements. 

11. Article X. Permits, Division 2. Operating Permits, Section 5-39 Exemptions from Permit 

Requirements, Introductory paragraph are amended by deleting the existing paragraph and 

the following is adopted in lieu thereof: 

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

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

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

less than the exemption thresholds. 

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

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

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

major sources as defined in this Chapter. 

12. Article X. Permits, Division 2. Operating Permits, Section 5-39 Exemptions from Permit 

Requirement, is amended by inserting the following paragraphs: 

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

for academic purposes, located at educational institutions (as defmed in Iowa Code section 

455B.l61). The equipment covered under this exemption is limited to: lab hoods, art class 

equipment, wood shop equipment in classrooms, wood fired pottery kilns, and fuel-burning 

units with a capacity of less than one million Btu per hour fuel capacity. This exemption docs 

not apply to incinerators. 

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

pressure of less than 0. 75 psi a. "Maximum true vapor pressure" means the equilibrium partial 

pressure of the material considering: For material stored at ambient temperature, the 

maximum monthly average temperature as reported by the National Weather Service, or for 

material stored above or below the ambient temperature, the temperature equal to the 

highest calendar-month average of the material storage temperature. 

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

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

dust control plan or its equivalent is submitted as required by the Health Officer. 
p

g 

proposed amendments to Polk County Local Board of Health Rules and Regulations, Chapter VAir Pollution. The proposed amendments are a routine update for consistency with 567 Iowa 

Administrative Code (lAC) references, definitions, procedures, standards and exemptions. The 

proposal amends the following sections; 5-1, 5-2, 5-16, 5-20, 5-33 and 5-39. The summary of 

proposed regulation amendments (Exhibit A) is available on file in the Polk County Auditor's 

Office located at the Polk County Administration Building, 111 Court Avenue, Des Moines, Iowa, 

Room 230. Anyone desiring to comment on the proposed amendments may appear and be 

heard. 

By: Jamie Fitzgerald 

Polk County Auditor 

; 

jl 

I 

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