## RESOLUTION Moved by \[ 

# Oif\ 

# Oo(C{:

, Seconded by following resolution
be adopted:

Res. No. 145-15 September

I, 

## 2015 , that the WHEREAS, the Polk CoWlty Local Board of Health conducts

a local air pollution control program approved by the Iowa Department
of Natural Resources pursuant
to Iowa Code Section 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 **~·1 015**  JohnF.Mauro 

### ~ · 1'· Angela Co ly **~Nay** 

# '""""~· "-f'

• 

## Nay_L"I\5 

# ~-~~~~~~ tabulation 

# made~ Fiscal Impact: .NonePOLKCOUNTYBOARDOFSUPERVISORSItemType&Title:AgendaDate:ContactIndividual:PreviousActiontakenbytheBoard:Buanl/CommissionActions:ActionRequested(Recommended):Background:ActionImpact:FiscalNote:FiscnlNewYenr[ludgetItem?(YIN)1511GNTuesdayAgendaMemorandumResolutionNo.145-15,actingasPolkCountyLocalBoardofHealth,ResolutionproposingamendmentstohealthrulesChapterV,AirPollution.settingpublichearinganddirectingpublicationofnotice.September1,2015JeremyBecker,AirQualityEngineer/Manager,PolkCountyPublicWorks,286-2263ActingasthePolkCountyLocalBoardofHealthsetthepublichearinganddirectedthepublicationofthehearingnotice.N/AActingtheBoardofHealthsetthepublichearingandauthorizestheAuditortopublishtheNoticeofHearing(ExhibitB).PolkCountyhasalocalairqualityprogramapprovedunderlACChapter455£3.Generally,theCountyregulationsmusttrackstateregulationstoretainprogramapproval.In1981,thisBoardappointeditselftoactasthelocalboardofhealthpursuant toIowaCodeChapter137.WhilemanyBoardofHealthdutieshavebeendelegatedtotheBoardofHealthAdvisoryCommittee,thisBoardretainsauthoritytoadoptandrevisehealthregulations.IowaCode§137.6(2)(a)authorizesCountyBoardsofHealthtoadoptrulessubjecttoapprovalbytheCountyBoardofSupervisors,thusthisresolutionreflectsthisBoard•sdualcapacityasbothBoardofHealthandBoardofThelastupdatetoChapterV-AirPollutionwascompletedonAugust51,2013.TheproposedrulechangeswillupdateCountyregulationstoconformtoFederalandStateEnvirorunentalProtectionCommissionrulesatIowaAdministrativeCodeDivision567,Title11,thusallowingtheCountyprogramtoretainstateapproval·underIowaCodesection455B.l45.TheproposedamendmentsupdateCountyDepartmentreferencesandFederalregulationcrossreferences,addadditionaldefinitions,updateandaddadditionalemissionstandardsforhazardousairpollutantsforsourcecategoriesandaddexemptionsforconstructionandoperatingpennitsintheNoticeofHearing(ExhibitB)Noimpact,howeverfailmetoadopttheproposedrules.mayresultinlossofprogramcertificationandcmTespondinglossofFederalandStategrantfunding.#ofNewAnticipatedAnticipatedtrAmendmentisRequ.ired,.--Posilion(s)ExpenseRevenueAmendmentExpenseRevenueRequiredRequired?ArcountAccount(\'IN)CodeCodeNIANIAN!AN--AdditionalFiscalNoteInformation(optionnl):None

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

# 911/2015 Summary ofProposed Actions (Items

1 and 2): Routine updates and addition of definitions for consistency with 567 Iowa Administrath•e Code (lAC) 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 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.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 lAC Chapter 20 are amended through March l8, 2015. All references

to 567 lAC Chapter 21 are amended tlu·ough September 10, 2008. All references

to 567 lAC Chapter 22 are amended through. March

I 8, 2015. All references

to 567 IAC Chapter 23 are amended through March

I 8, 2015. All References

to 567 lAC Chapter 24 are amended through Oct'ober 20, 20

I 0. 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.

# 4. Article VIII. National Emission Standa.-ds foa· Hazardous Air Pollutants for Source Categories, Section 5-16(p). Emission standaa·ds foa· hazardous air pollutants, Paragraphs



# (2, 3 & 

# 10) are rescinded 

# by deleting the existing paragraph and the following

is adopted
in lieu the1·eof: 

# (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 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).(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 engine which uses reciprocating motion to convert heat energy into mechanical work and which is not mobile. (Part 63, Subpart ZZZZ, as amended 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) (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 theambient temperature,
the temperature equal to the highest calendar-month average of the material storage temperature.

· (60) 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.

· 10. At·ticle X. Permits, Division

2. Operating Pem1its, 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 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\

1 ided 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.