I Moved
b y**i~ f?__Q**  following resolution

**6~**adopted

: RESOLUTION

Res

.No

.1 5 8-15 O c tober
6 ,201 5 .,S eco nded b y**~~**

,that the WHEREAS

,the Polk County Local Board of Health conducts

a local air quality program approved by the Iowa Department ofNatura

l 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 WHEREAS

,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 pollu

t ants 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 bod y acting in its capacity asthe Polk County L ocal 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

,THEREFORE

,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 **i_~ .IIE** 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 ofiowa; 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 approves the amendments

to the Polk County Local Board of Health Rules and Regulations

asset forth in f!fit{tf ijl and authorizes the Auditor to cause publication thereof. **~·** Robert Rice, Director **E~.,CCTnnty**Public Works Fiscal Impact: None POLK COUNTY BOARD OF SUPERVISORS Acting in its capacity as the POLK COUNTY LOCAL BOARD OF HEALTH (For adoption) and acting asthe POLK COUNTY BOARD OF SUPERVISORS **(Fo:i'?!lt:~ ~rson~**  ROLL CALL Steve Van OortA Nay FOR ALLOWANCE Robert Brownell .:;16 Nay OCT ;.. '6 ?015 Tom Hockensmith _;td' Nay John F .Mauro **~**Nay Angela Connolly ;Jsd' Nay Ye ,,NayCJ A

. .;rtabulation mad-;;;;7?[5_,

_ **~~~~~'A**POLK COUNTY BOARD OF SUPERVISORS Tuesday Agenda Memorandum Item Type & Title: Public Hearing Resolution No. 158-15, acting as Polk County Local Board of Health, adopting amendments

to health rules Chapter V- Air Pollution, and directing publication

; and acting as Board of Supervisors, approving the amendments. Agenda Date: October 6, 2015 Contact Individual: Jerem y Becker, Air Quality Engineer /Mana ger
, Polk County Public Works, 286
- 2263 Previous Action tak en Approved amendment updates and authorized the Auditor to cause pub li cation 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
o f Supe
r visors, and pursuant to Iowa Code Section 13 7.6(2)( a) to the Polk County Local Board of Health Rules and Regulations , C hapter V -Air Pollution
as set forth in **~5f].~fif~** and authorize the Auditor to cause publication thereof. Polk County has a l ocal air quality program approved under lAC Chapter 455B

. Generally, the County regulations must track state regu

l ations to retain program approval. In 1981, this Board appointed itse
l f to act as the local board of health pursuant to Iowa Code Chapter 137. While many Board of Health duties have been de l egated 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

t hi s 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 Environmenta

l Protection Commission rules at Iowa Administrative Code Division 567, Title II , thus allowing the County program to retain state approval under Iowa Code section 455B

. 145. The proposed amendments update County Department references and Federal regulatio

n cross references, add addit

i onal definitions

, update and add additiona

l emission standards for hazardous air pollutants for source categories

a n d add exemptions for construct

i on and operating permits in theN otice of Hearing **;Ei]3f~1X B)**  No impact

, however failure to adopt the proposed ru l es may result in loss of program certification and corresponding

l oss of Federa

l and State grant funding. #of New Anticipated Anticipated Bud<>et

If Amendment

i s Required

, Position(s) Expense Rev en ue Amendment

E x pense Revenue Reqmred Required? Account

. Account (YIN) Code Code N / A N

/ A N

/ A

N Additional Fiscal Note Information (optional): None

### Exhibit A Polk County Board of Health Rules and Regulations

- Chapter V Air Pollution 9/1/2015 Summary of Proposed Actions (Items

1 and 2): Routine updates and addition of definitions for consistency with 567 Iowa Administrative 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 Administrat

i ve Code (lAC). (Items 3, 4 and 5): Rescind NSPS and NESHAP standards. The rescissions proposed for air toxics and new source performance standards affe ct industries that do not current

l y operate in Io w a , and are unlikel
y to opera te 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 toxics 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

b y reference of the federal standards will not impose any additional costs to the affected facilities

. The Department proposes to adopt amendments

to existing air toxics 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 Ambient Air Quality Sta,_"ldards (N,t.._i\QS) for Particulate Matter (PM2.5), Lead

, Sulfur Dio x ide (S02), and Oxides of Nitrogen (NOx). To provide regulator

y flexibility, the permit exemptions are for low-emitting sources.

## 1. Article I. 

## In General, Section 5-l. 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 referenc

e s to 56 7 IAC C hapter 20 are amended thr o ugh March 18
, 2015

. All references
to 56 7 IA C C hapter 21 are amended through September
10 , 2008

. All refe r ences to 567 IAC Chapter 22 are a m ended through

. Marc h 1 8,20

1 5 . All references
to 567 IAC C h ap te r 23 are am e n de d t hr o u g h Ma r c h 1 8, 20 1 5. All Re f erences

t o 567 IAC Chapter 24 are amended through October 20, 2010

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

1 8,2015

. All references
to 567 IAC Chapter 26 are amended through N o v ember 16 , 2008

. All references
to 567 IAC Chapter 28 are amended through

S eptember
18 , 2013

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

. All references
to 567 IAC Chapter 33 are amende
d 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

a s shown be l ow, a n d b y i nserti n g t h e following additional definitions
in proper alphabetical order within Section S-2: "Re spon
s ibl e o ffic ia l " m ea n s o ne o f the f o ll ow i n g: 1. 

## F o r a c o rporation

: a pr es ident

, sec re t ar y, trea s ure r, o r v ice - pre s id e nt of the c o rp o ration in charge of a p r incipal busines

s function

, or an y other
p er son who perform

s si mila r polic y or de c ision-m

a king functions for the corporation

, or a dul y autho ri z e d representative
of such person if the r epresentative

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

, or operating facilities appl

y ing for or subject to a permit and either

: The facilities employ more than 250 persons or have gross annual sales or e x penditures

e x ceeding

$ 25 million
(i n se c ond qu a rter 19 8 0 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

, respecti ve l y ; 3. For a municipalit

y, state

, federal, or other public agency

: either
a principal

e x ecutive officer

o r ranking elected official. For the purposes of this chapter

, a principal

e x ecutive officer of a federal agenc y includes the chief
e x ecutive officer having responsibility for the o v erall operations of a principal geographic unit ofthe agenc y (e

. g. , a regional administrator
of EPA)

; or 4 . 

## For Title IV affected sources: The designated representative insofar as actions

, standard
s, requirements,

or prohibitions under Title IV of the A c t or the regulations
pr o mul g ated

t hereunder are concerned

; and the designated representative for any other purposes under this chapter. "V o latile Organic Compounds" means VOC as found in 40 CPR Part 51.1 OO(s) as amended through Marofl 24

, 2008, 

## March 27

, 2014, as adopted by reference in 567 IAC 20.2. 

## 3 . The Int r o ducto ry pa r a g ra p h o f Articl
e VI. Emi ss i o n o f Air C on t aminan ts Fr o m Industr ial Proc e s se s, New

s our ce pe rfo rm anc e s t a n d ards

, S e c t i on 5 -16( n ) , P a rag r ap hs (7, 8 , 13, 1 4, 15 & 

## 16) a re re s cin ded b y d e leti n g the e xis ti n g p aragr
a ph an d t h e follo wi ng i s ado pted in li eu thereof

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

. (8) Secon d ary
l ead sme
l ters

. (Su b part L) Rescinded. (13)
P ri mary
c o pp e r s m elte r s . (Subpart P) Resci n ded

. (14 ) Primary zin c sme
l ters. (S ubpart Q) 

## R e scinded

. (15) Prim a ry lead sme
l ter. (Subpart R) Rescinded (16) Primar
y aluminum reduction plants

. (Subpart S) Resc

i nded.

r .

## 4 . Article VIII. National Emission Standards for Hazardous Air Pollutants
fo r Source C a tego rie s , 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) Be ry llium

. (Subpart C) 

## Rescinded. (3) Beryllium rocket motor firin g. (S ubpart D) Rescinded

. (1 

## 0) Inorganic arsenic emissions from primar
y 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, Su bpart J) Rescinded. (p) Emission standards for primary aluminum red ucti on plants. (Subpart LL) Rescinded. (x) National emission standards for ha zardo u s air pollutants from secondary lead smelting. (Subpart X). Rescinded (cc) Nat ional emission standards for ha zardo us 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. (11) Emission standards for hazardous air pollutants for primar
y aluminum reduction plants. (Subpart LL)

. Rescinded

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

s 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 TTT)

. Rescinded

. (mrr) 

## Emission standards for hazardous air pollutants: taconite iron ore processing. (Part 63 , Subpart RRRRR) Rescinded. (ttttt) Emission standards for hazardous air pollutants: primar
y magnesium refining. (Part 63 , Subpart TTTTT) Rescinded. 

## 6. Article VIII. National Emission Standards for Hazardous Air Pollutants for Source Categori es, 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 app
l ies to a new or ex i sting leather finishing operation

t h at is 

# a major source of hazardous air pollutants (HAPs) emissions or that is located at, or is part of , a major source of HAP em issions

. In general,

a leath er finishing ope rati on is a single process or group of processes used t o adj u st and improve

t h e physical

a nd aesthetic charact

e ristics ofthe leather surface through multistage application of a coating comprised of d yes, pigments

, film- forming materials, and performance modifiers dissol ve d 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. (Prui 63, Subpart ZZZZ, as amended through January 30, 2013). ( dddddd) to (gggggg) Reserved. (vvvvvv) Emission stru1dards for hazard
o us air pollu tants for area sources: chemical manufacturing. This stand ar d applies to c h e mical m a nufacturing

at new and existing facilities that are area sources for hazardous air pollutant emissions. (Part 63, Su bpart VVVVVV) (ddddddd) Emission standards for hazardous air pollutants for area sources: prepared feeds manufacturing. This standard app li es to prepared feeds manufacturing that produces anima

l feed products (not including feed for cats or dogs) and uses chromi um or manganese compounds

at new and existi ng facilities that are area sources for hazardous air pollutant emissions. (Part 63, S ubpart 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 reliev
e the owner or operator of any source from an y obligation
to comply with any other applicable requirements. 8. Article X. Permits, Division
1. Construction Permits, Section

5 -3 3. Exemptions from Permit Requirements, Introductory paragraph are amended by deleting the e xisting paragraph and the following

is adopted in lieu thereof: ( 51) Electric hand solde
r; ing, 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 defined in this Chapter. 9. Article X. Permits, Division
1. Construction Permits, Section 5-33. Exemptions from Permit Requir ements, 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 455B.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 capacit
y . This exemption does not apply to incinerators. (59) Any container

, storage tank

, or v es se l that contains

a fluid having

a ma x imum 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 month

l y average temperature

as reported by the National Weather Service, or for material stored above or below thea mb ient temperature,

t h e temperature equa

l to the hig h est ca l endar-month average of the mater

i a l storage temperature

. (60) Fugitive dust emissions related to movement of passenger vehicles on unpaved road surfaces

, provided that the emissions are not counted for applicabi

l ity purpos
e s and that a n y fugitive dust co nt rol p l an or its equivalent

i s s u bmitte d as req u ire d by th e Hea lth Of fic e r. 10. Article X. Permits, Division 2. Operating Permits, Section 5-39 Exemptions from Permit R e q uirem
e nts
, Introductory paragr
a ph ar e ame n ded by addin g the para g raph: Th e pe rm i tting ex emp tio ns in t h is s ecti o n d o n ot r elie ve th e o wne r or o perator

o f any so ur c e fr o m an y o bli gatio n to co mp ly wit h a n y other ap plicab

l e require me nts. 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 followin

g is adopted in lieu thereof: ( 44) Electric hand soldering

, wave soldering, and electric solder paste reflow ovens shall be limited to 3 7, 000 pounds or less per year of lead-containing solder. Records shall be maintained on site b y 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 defined 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 l ess 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 ofless 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 mo v ement of passenger vehicles on unpaved road surface

s , 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.

I I I