RESOLUTION 

Res. No. 145-15 

September 1, 2015 

Moved by _\fc.:_w_::_f\:_o__:O=---o_(Ut ___ , Seconded by ~ ~ , that the 

following resolution be adopted: 

WHEREAS, the Polk County Local Board of Health conducts a local air pollution control 

program approved by the Iowa Department ofNatural Resources pursuant to Iowa Code Section 

455B.145; and 

WHEREAS, Chapter V of the Rules and RegulationsofthePolk County Local Board of 

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

V/HEREAS, the Polk County Public Works Director believes it advisable to arnend the 

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

order to update County Depariment references and Federal regulation cross references, add 

additional defmitions, update and add additional emission standards for hazardous aii· pollutants 

for source c0.tegories and add exei11ptions for co,nstruction and operating permits, all in order to 

make the local program more efficient and retain approval under section 455B .. l45. 

NOW, THEREFORE, BE IT RESOLVED that the Polk Com1ty Board of Supervisors, 

acting in its capacity as the Board of Health under Chapter B 7 and Supervisors' Resolution of 

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

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

and 

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

Code of Iowa a public hearing on the proposed amendmerits 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 m1d be hem·d; 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 Resolution to be 

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

than thi1iy (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, D ire.ctor · 

Polk County Public Works 

APPROVED AS TO FORM: 

POLK COUNTY BOARD OF SUPERVISORS 

hairperso~OLL CALL 

FOR ALLOWANCE 

SEPyd 2015 

Fiscal Impact: .None 
POLl{ COU1~TY BOARD OF SUPERVISORS 

Item Type & Title: 

Agenda Date: 

Contact Individual: 

Previous Action 

taken by the Bo8rcl: 

Board/Com mission 

Actions: 

Action H.equestecl 

(Reco mm en cl eel): 

Background: 

Action Impact: 

Fiscal Note: 

Fiscal New 

Year Dudget 

Item? 

I (Y/N) 

i 15/! (j N 

Tuesday Agenda Memorandum 

Resolution No. 145-15, acting cts Polk County Local Board of Health, Resolution 

proposing amendments to hec:llth rules Chapter V, Air Pollution. setting public 

hearing and directing publication of notice. 

September 1, 2015 

Jeremy Becker, Air Quality Engineer/Manager, Polk County Public Works, 286-

2263 

Acting as the Polk County Local Board of Health set the public bearing 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 bas a local air quality program approved under lAC Chapter 4558. 

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

approval. In 1981, this Bomd appointed itselfto act as the local board of health 

purs1Jant to To-vva Code Chapter 13 7. 'iVhile 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 

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

Health and Board of Supervisors. The last update to Chapter V-Air Pollution was 

completed on August 5t11 , 2013. 

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

State Environmental Protection Commission rules at lov-Ja Administrative Code 

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

under Iowa Code section 455B.l45. The proposed amendments UJ'ldate County 

Department references and Federal regulation cross references, add additional 

definitions, updat-e and add additional emission standards for hazardous air 

pollutants for source categories and add exemptions for construction and operating 

permits in the Notice of Hearing (Exhibit B) 

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

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

#of New Anticipated Anticipated Bucloet Ir Amendment is Requ-ired, 

Position(s) Expense Revenue Amendment Expense Revenue 

n.equired Required'? Account Account 

(Y/N) Code Code 

N/A f-J/A I 1'~/r\ }'~ 

-·--

·--

-----·---

Additional Fiscal Note Infonmttion (optional): None