program approved by the Iowa Department of Natura

p

455B.l45; and · 

WHEREAS, Chapter V of the Rules and Regulations of the Polk Coi.mty Local Hoard of 

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

WHEREAS, the Polk CoWlty Public Works Director believes it advisable to amend the 

cunent air pollution control program rules in the manner set out in Exhibit A to this resolution in 

order to update County Department references and Fede~al regulati9,n cross references, add 

additional definitions, update and add additional emission standards for hazardous air pollutants 

for source c~tegories and add exemptions for co,nstruction and operating permits, all in order to 

make the local program more efficient and retain approval under secho.n 455B . .145. 

NOW, THEREFORE, BE IT RESOLVED that the Polk County Board of Supervisors, 

acting in its capacity as the Board of Health uncier Chapter 137 and Supervisors' Resolt!tion of 

January 6, 1981, does hereby propose that Chapter V-Air Pollution of the Polk Cq\mty Local 

Board of He.alth rules and regulations be amended as set forth in (Exhibit. A) to this Resolution; 

and 

BE IT FURTHER RESOLVED that pursuant to 40 C.F.R. §51.102 and §137.6(2)(d), 

Code of Iowa a public hearing on the proposed amendments set forth in (Exhibit A) shall be held 

by the Board of Health on Tuesday, October 6, 2015, in Room 120, Polk. County Administrative 

Office Building, at which time and place any citizen desiring to comment on the proposed 

amendments may appear and be heard; and . 

BE IT FURTHER RESOLVED that the·County Auditor is hereby requested to cause 

notice of said hearing in substantially the form set forth as (Exhibit B) to this R~solution ~o be 

published in a newspaper of general circulation in the county on two occasions, the first not less 

than thirty (30) days prior to the date set for the public hearing and the second publication not 

less than four (4) no more than twenty (20) days prior to the date set for the hearing. 

Robert ·Rice, Dire.ctor · 

Polk County Public Works 

APPROVED AS TO FORM: 

~!b~ 

POLK COUNTY BOARD OF SUPERVISORS 

• Actillg in its capacity as the 

di&O~OFHEALTH 

hauperso~OLL CALl Steve Van oort ~ Nay 

FOR ALLOWANCE Robert Brownell. .)lfr.r Nay 

Tom Hockef'!smllh ~ Nay SEP·1'· ~·1 015 Angela JohnF.Mauro Co ly ~Nay ~ 

'""""~· 

"-f' • Nay_L"I\5 

~-~~~~~~ tabulation made~ 

Fiscal Impact: .None 
Previous Action 

taken by the Board: 

Buanl/Commission 

Actions: Action Requested 

(Recommended): 

Background: 

Action Impact: 

Fiscal Note: 

Fiscnl New 

Yenr [l udget 

Item? 

(YIN) 

1511 G N 

Acting as the Polk County Local Board of Health set the public hearing and directed 

the publication of the hearing notice. 

N/A 

Acting the Board of Health set the public hearing and authorizes the Auditor to 

publish the Notice of Hearing (Exhibit B). 

Polk County has a local air quality program approved under lAC Chapter 455£3. 

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 to 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 The last update to Chapter V -Air Pollution was 

completed on August 51 , 2013. 

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

State Envirorunental Protection Commission rules at Iowa Administrative Code 

Division 567, Title 11, thus allowing the County program to retain state approval 

· under Iowa Code section 455B.l45. 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 source categories and add exemptions for construction and operating 

pennits in the Notice of Hearing (Exhibit B) 

No impact, however fail me to adopt the proposed rules. may result in loss of 

program certification and cmTesponding loss of Federal and State grant funding. 

#of New Anticipated Anticipated tr Amendment is Requ.ired,. 

--

Posilion(s) Expense Revenue Amendment Expense Revenue 

Required Required? Arcount Account 

(\'IN) Code Code 

NIA NIA N!A N 

--

Additional Fiscal Note Information (optionnl): None 
Administrath

e Code (lAC) refe

e

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

V -Air Pollution up-to-date with 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 tmlikely 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 taxies standards (NESHAP) and new 

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

from reductions in air taxies 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 cunent N::~tional Ambient Air Quality Standards (NAAQS) for ParticuiRte 

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 lAC Chapter 25 are amended through March 18, 2015 . 

All references to 567 lAC Chapter 26 are amended tlu·ough November 16, 2008. 

All references to 567 lAC Chapter 28 are amended tlu·ough September 18, 2013. 

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

All references to 567 lAC Chapter 33 are amended tlu·ough March 18, 2015. 

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

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

following additional definitions in proper alphabetical or·der within Section 5-2: 

"Responsible official" means one of the following: 

I . 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 sal~s 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 Pru1 51.1 OO(s) as amended through Marel=l 

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

3. The Introductor·y paragr·aph of Article VI. Emission of Air Contaminants From Industrial 

Processes, New so~rce perfor·mance standards, Section 5-16(n), 'Paragraphs (7, 8, 13, 14, 15 & 16) are 

rescinded by deleting the existing paragraph and the fbllowing 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) Primru·y aluminum reduction plants: (Subpart S) Rescinded. 
5. Article VIII. National Emission Standa1·ds for Hazardous Air Pollutants for Source Catego.-ies, 

Section 5-20. National Emission Standa•·ds for Haza1·dous Air Pollutants for Source Categories, 

Paragr.aph U, ), is amended by deleting the existing parag•·aph and the following is adopted in lieu 

thereof: 

(j) Emission standards for hazardous air pollutants for pol)•vinyl chloride and copolymers 

production. (Part 63, Subpart .1) 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. . 

(rrm) 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 TITIT) Rescinded. 

6. 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 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 used 

to fKijust and improve the physic[! I and aesthetic characteristics of the leather surface through 

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

performance modifiers dissclved or suspended in liquid carriers. (Subpart TTTT). 
for hazardous air pollutant emiss

o

(

, 

p

) 

(ddcldddd) 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 clu-omium or manganese compounds at new and 

existing facilities 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 Pem1it 

Requirements, Introductory parag1·aph a1·e amended by adding the paragraph: 

The permitling 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 pa1·agraph are amended by deleting the existing parag1·aph 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 threshold,s. 

(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 eq\.1ipment dealerships, and only when the repair shops or equipment dealerships are not 

major sources as defined in this Chapter. 

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

Requirements, Introductory pa1·agraph are amended by inserting the following paragraphs: 

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

academic purposes, located at educational institutions (as defined in Iowa Code section 455B.l61 ). 

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

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

Jess than one million Btu per houduel 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. 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 
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 pat·agt·aph at·e amended by deleting the existing panlgt·aph and 

the following is adopted in lieu thereof: 

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

3 7,000 pounds or Jess 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 intemal 

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 defined in Iowa Code section 

455B. I 61 ). 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. 

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

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

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

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

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

highest calendar-month' average of the material storage temperature. 

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

.pro\1ided 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.