I Movedby**/~go** following resolut10n be adopted: RESOLUTION

,Seconded by
Res. No. 158-15 October
6, 2015 ,that the WHEREAS, the Polk County Local Board of Health conducts

alocal air quality program 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 programrules in the mannerset outin 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 programmoreefficient and retain approval under section 455B.145;and WHEREAS

,a public hearing on the proposed amendments has been held onthis date before this body acting

in its capacity asthe Polk County Local Board of Health and all citizens appearing
to comment onthe proposed amendments have been heard and this Board has considered anysuch comments. NOW, **THE~EFORE,**BE IT RESOLVED that acting asthe Polk County Local Board of Health, this Board hereby adopts the Board of Health Rules and Regulations amendments

asset forth in **~to**this resolution, and the Rules and Regulations

asamended shall be effective onand 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 asthe Polk County Board of Supervisors, and pursuant to Iowa ·code Section 137.6(2)(a), this Board hereby approvesthe amendments

tothe Polk County Local Board of Health Rules and Regulations

asset 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 asthe POLK COUNTY LOCAL BOARD OF HEAL TII (For adoption) and acting asthe 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 .•' Nay0 _l _ ;' tabulation made-;;;ID __ **€ft--'cci~~~A.**POLK COUNTY BOARD OF SUPERVISORS Tuesday Agend.a Memorar.u:lum Item Type & Title: Public Hearing Resolution No

. 158-15, acting as Polk COlmty Local Board of Health, adopt:.ng amend:nents

to health rules Chapter V- Air Pollution, and directing publication; and acting as Board of Supervisors, approving

the amendments. Agenda Date: October
6, 20] 5 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

### Exhibit A Polk County Board of Health Rules and Regulations- Chapter V 

### Air Pollution 

### 9/l/2015 Summary of Proposed Actions (Items

1 and 2): Routine updates and addition of defmitions for consistency with 567 Iowa 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.

## 1. 

# Article
I. In General, Section 5-1. Purpose and Ambient Air 

# Quality Standards, Subsection (b) 

# and (c) is amended by deleting the existing subsections and the following

is adopted in 

# lieu thereof: (c) All references

to 567 IAC Chapter 20 are amended through March 18, 2015

. All references

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

to 567 Lt.\.C Chapter 22 are amended through

. March 18, 2015. All references

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

to 567 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.

### 4. Article VIII. National Emission Standards for Hazardous Air Pollutants for Source Categories, Section 5-16(p). Emission standards for hazardous air pollutants, Paragraphs

(2, 3 & 

### 10) are rescinded by 

### deleting the existing paragraph and the following

is adopted in lieu thereof: (2) Beryllium. (Subpart C) Rescinded. (3) Beryllium rocket motor firing. (Subpart D) Rescinded. (10) Inorganic arsenic emissions from primary copper smelters. (Subpart 0) 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).(zzzz) Emission standards for stationary reciprocating internal combustion engines

. These standards apply to new and existing major sources with stationary reciprocating internal combustion engines (RICE). For purposes of these standards, stationary RICE means any reciprocating internal combustion cngme which uses reciprocating motion to convert heat energy into mechamcal work and which is not mobile. (Prui 63, Subpart ZZZZ, as an1ended through January 30, 2013). ( dddddd)
to (gggggg) Reserved. (vvvvvv) Emission standards for hazardous air pollutants for area sources: chemical manufacturing

. 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 theambient temperature, the temperature equal to the highest calendar-month average of the material storage temperature. ( 60) Fugitive dust en:issions related to movement
of passenger vehicles on unpaved road surfaces, prov1ded that the emissions are not counted for applicability purposes and that any fugi t1 ve dust control plan or its equivalent

is submitted
as required by the Health Officer. 10. Article X. Permits, Division
2. Operating Permits, Section 5-39 Exemptions from Permit Requirements, Introductory paragraph are amended by adding the paragraph: The permitting exemptions
in this section do not relieve the owner or operator of any source from any obligation

to comply 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.

# .. EXHIBITB PUBLIC NOTICE Notice
is hereby given that on _Tuesday, October
6, 2015 __ at 9:30a.m.
in Room 120, Polk County Administrative Office building, 111 Court Avenues, Des Moines, Iowa, the Polk County Board of Supervisors acting in its capacity as the Local Board of Health will hold a hearing on proposed amendments

to Polk County Local Board of Health Rules and Regulations, ChapterVAir 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

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