I 

## J\w;,.~



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# ~0 **~** 1e s o pportumhes TERRY E. BRANSTAD, GOVERNOR KIM REYNOLDS, LT. GOVERNOR August 15, 2014 Karl Brooks Regional Administrator U.S. Environmental Protection Agency Region VII 11201 Renner Blvd Lenexa, KS 66219 Dear Regional Administrator Brooks: DEPARTMENT
OF NATURAL RESOURCES CHUCK GIPP, DIRECTOR The Iowa Department

of Natural Resources (DNR) sent State Implementation Plan (SIP) revision requests
to EPA on August
4, 2008; December 21, 2009; June 10, 2011; September

7, 2012; and on August 19, 2013

. Each submittal was sent to EPA in draft form to review before Linn County- Air Quality Division finalized the amendments

to its ordinances. The SIP revisions were sent promptly
to EPA and contained
no known approvability issues at the time of submittal. Contemporaneous
with DNR's submittals

to EPA many changes were occurring with relevant federal regulations. Periodically since 2008 Linn County has made changes
to its ordinances

in an attempt to accommodate EPA's position. The SIP revision requests submitted
by DNR in 2008, 2009, 2011, 2012, and 2013 were not acted upon by EPA. In an effort to reflect the current state of Linn County Ordinances, DNR amends the above listed SIP revision requests as indicated

in the attached file

. The attachment provides direction
to EPA to process the requested SIP revisions from 2008-2013. Each item will indicate which year the SIP revision request was sent to EPA. The items with many changes will reflect the most recent change. There are items that have been excluded from this request that were in the previous SIP revision requests that no longer need to be acted on

. Those items are the difference between the original SIP revision requests and this request. DNR also amends its request that item 17 be approved under the 111 (d) plan. If you have any questions regarding this submittal, please contact Jim McGraw
at (515) 725- 9543 or Wendy Walker
at (515) 725-9570

. Sincerely, 

# ct

----- **~'a;~~-~**

**';)** Catharine Fitzsimmons, 

## Chi~ Air Quality Bureau Iowa Department

of Natural Resources Enclosures

7900 Hickman Road, Suite

1 I Windsor Heights, Iowa 50324 515-725-9500 FAX 515-725-9501 www.lowaCieanAir

. govThe items below provide direction
to EPA to process the requested SIP revisions from 2008-2013. Each item will indicate which year the SIP revision request was sent to EPA. The items with many changes will reflect the most recent change. DNR also amends
its request that item 17 be approved under the 111 (d) plan. 

### 1. Rescind
§1 0.1 in its entirety and adopt as the following: 10.1 Purpose and Ambient Air Quality Standards It is the public policy of the Linn County Board of Health, and the Linn County Board of Supervisors, that the purpose of this ordinance

is to achieve and maintain such levels of air quality as will protect human health and safety, and to the greatest degree practicable, prevent injury to plant and animal life and property, foster the comfort and convenience

of the people, promote social development

of Linn County, foster economic development, and facilitate the enjoyment
of the natural attractions
of Linn County, Iowa. The Department has jurisdiction over the atmosphere

of the county to prevent, abate and control air pollution, by establishing standards for air quality and by regulating potential sources of air pollution through

a system of general rules or specific permits. The Linn County ambient air quality standards shall be the National Primary and Secondary Ambient Air Quality Standards
as published

in 40 Code of Federal Regulations Part 50 (1972) and as amended
at 38 Federal Register 22384 (September
14, 1973), 43 Federal Register 46258 (October

5, 1978), 44 Federal Register 8202, 8220 (February

9, 1979), 52 Federal Register 24634-24669 (July 1, 1987), 62 Federal Register 38651-38760, 38855- 38896 (July 18, 1997), 71 Federal Register 61144-61233 (October 17, 2006), 73 Federal Register 16436-16514 (March 27, 2008), 73 Federal Register 66964-67062 (November 12, 2008), and 75 Federal Register 6474-6537 (February

9, 201 0), as adopted by reference
by the DNR at 567 lAC 28.1. However, pursuant
to the provision
of 567 lAC 28.1, the annual PM1o standard specified

in 40 CFR 50.6(b) shall continue
to be applied for purposes
of implementation

of new source permitting provisions

in LCCO

1 0.5. Linn County shall implement these rules in a time frame and schedule consistent with implementation schedules

in federal laws, regulations and guidance documents, and Iowa statutes and rules

. All references

to 567 lAC Chapter 20 are amended through October 24, 2012. All references

to 567 lAC Chapter 21 are amended through October 15, 2008. All references

to 567 lAC Chapter 22 are amended through October 24, 2012. All references

to 567 lAC Chapter 23 are amended through October 24, 2012. All references

to 567 lAC Chapter 25 are amended through October 24, 2012. All references

to 567 lAC Chapter 28 are amended through November 24, 2010. All references

to 567 lAC Chapter 29 are amended through May 13, 1998. All references

to 567 lAC Chapter 33 are amended through September
12, 2012. All references

to 567 lAC Chapter 34 are amended through November 11, 2009. [2013] 

### 2. Adopt the amendments

in 10.2 as indicated. The date of the original request
is indicated
at the end of each definition. 10.2 Definitions



### 1

## "Air pollution control officer" means the Air Pollution Control Officer of Linn County Public Health or an authorized representative. [2008] "Air pollution forecast" means an air stagnation advisory issued to the Department

by an authorized office of the U.S. Environmental Protection Agency or Iowa Department

of Natural Resources that meteorological conditions conducive

to an air pollution episode may be imminent. This advisory may be followed by a prediction
of the duration and termination of such meteorological conditions. [2008] "Air Quality Division"
or "Air Pollution Control Agency" means the Air Quality Division of the Linn County Public Health Department. [2008] "Air quality standard" means an allowable level of air contaminant

or atmospheric
air concentration established
by the Commission. [2008] "ASME" means the American Society of Mechanical Engineers. [2008] "ASTM" means the American Society for Testing and Materials. [2008] "Attainment area" means any area of the country designated
or redesignated

by the EPA at 40 CFR Part 81 in accordance with section 107(d) as having attained the relevant NAAQS for a given criteria pollutant. An area can be an attainment area for some pollutants and a nonattainment area for other pollutants. [2008] "Biodiesel fuel" means

a renewable, biodegradable, mono alkyl ester combustible liquid fuel derived from agricultural plant oils or animal fat such as, but not limited to, soybean oil. For purposes
of this definition, "biodiesel fuel" must also meet the specifications

of American Society for Testing and Material Specifications (ASTM)

D 6751-02, "Standard Specification for Biodiesel Fuel (B1 00) Blend Stock for Distillate Fuels," and be registered with the U.S. Environmental Protection Agency as a fuel and a fuel additive under Section 211 (b) of the Clean Air Act, 42 U

. S

. C. Sections 7401, et seq. as amended through November 15, 1990. [2008] "Btu" means British thermal unit, the quantity of heat required
to raise the temperature

of one pound of water from 59°F to 60°F. [2008] "Carbonaceous fuel" means any form of combustible matter (whether solid, liquid, vapor or gas) consisting primarily
of carbon-containing compounds

in either fixed or volatile form, and which
is burned primarily for its heat content. [2008] "Country grain elevator" means any grain elevator that receives more than 50 percent of its grain, as defined by 40 CFR 60.301 (a) as amended through August
3, 1978, produced
by farms
in the vicinity. This definition does not include grain terminal elevators
or grain storage elevators,
as defined

in §1 0.9(2)"a"(67).shall have the same definition as "country grain elevator" set forth in 567 lAC 22

. 1 0(1 ). [2008] 

# 2"Criteria" means information used as guidelines for decisions when establishing
air quality goals, air quality standards and the various air quality levels, and which
in no case is to be confused
or used interchangeably with air quality goals or standards. [2008] "Department" means the Air Quality Division of Linn County Public Health. [2008] "Diesel fuel" means

a low sulfur oil that complies with the specifications
for grade 1-D or 2- D, as defined by the American Society of Testing and Materials (ASTM)

D 975-02, "Standard Specification
for Diesel Fuel Oils," grade 1-GT or 2-GT, as defined by ASTM
D 2880-00, "Standard Specification
for Gas Turbine Fuel Oils," or grade

1 or 2, as defined by ASTM
D 396-02, "Standard Specification
for Fuel Oils." 1. For purposes
of the air quality rules contained

in Title II, and unless otherwise specified, diesel fuel may contain

a blend of up to 2.0 percent biodiesel fuel, by volume, as "biodiesel fuel" is defined

in this rule. 2. The Department shall consider air pollutant emission calculations for the biodiesel fuel blends specified

in numbered paragraph "1" to be equivalent

to the air pollutant emissions calculations for unblended diesel fuel. 3. Construction permits issued under LCCO §10.5 or Title V operating permits issued under 567 lAC Chapter 22 which restrict equipment fuel use to diesel fuel shall be considered
by the Department

to include biodiesel fuel blends specified

in numbered - paragraph

"1 ,"unless otherwise specified

in LCCO §1 0.5 or in a permit issued under LCCO 10.5 or 567 lAC Chapter 22. [2008] "DNR" means the Iowa Department

of Natural Resources. [2008] "Electric furnace" means

a furnace

in which the melting and refining of metals are accomplished

by means of electrical energy. [2008] "Emission Unit" means any part or activity of a stationary source that emits or has the potential
to emit any regulated air pollutant
or any pollutant listed under Section 112(b) of the Act. This term is not meant to alter or affect the definition
of the term "unit" for purposes of Title IV of the Act or any related regulations. [2008] "EPA conditional method" means any method of sampling and analyzing for air pollutants that has been validated by the administrator but that has not been published as an EPA reference method. [2008] 11 EPA reference **method~~** means the following methods used for performance tests and continuous monitoring systems: 1. Performance test (stack test). A stack test shall be conducted according
to EPA reference test methods specified

in 40 CFR 51, Appendix

M (as amended through December 21, 201 0); 40 CFR 60, Appendix

A (as amended through September

9, 201 0); 40 CFR 61, Appendix

B (as amended through October 17, 2000); and 40 CFR 63, Appendix

A (as amended through August 20, 2010)

. 2. Continuous monitoring systems. Minimum performance specifications and quality assurance procedures for performance evaluations

of continuous monitoring systems are 3as specified

in 40 CFR 60, Appendix

B (as amended through September

9, 201 0); 40 CFR 60, Appendix

F (as amended through September

9, 201 0); 40 CFR 75

, Appendix

A (as amended through March 28, 2011
); 40 CFR 75, Appendix

B (as amended through March 28, 2011); and 40 CFR 75, Appendix

F (as amended through March 28, 2011). [2013] "Equipment" means equipment capable of emitting air contaminants

to produce air pollution such as fuel burning, combustion

or process devices or apparatus including but not limited to fuel-burning equipment, refuse burning equipment used for the burning of fuel or other combustible material from which the products of combustion are emitted; and including but not limited to apparatus, equipment
or process devices which generate heat and may emit products of combustion, and manufacturing, chemical, metallurgical

or mechanical apparatus
or process devices which may emit smoke, particulate matter or other air contaminants. [2008] "Excess air" means that amount of air supplied

in addition
to the theoretical quantity necessary for complete combustion

of all fuel or combustible waste material present. [2008] "Excess emission" means any emission which exceeds either the applicable emission standard prescribed

in §1 0.9 or §1 0.14, or any emission limit specified

in a permit or order. [2008] "Federally enforceable" means all limitations and conditions which are enforceable
by the Administrator including, but not limited to, the requirements

of the New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants contained

in 567 lAC 23.1 (2) and 23.1 (3); the requirements

of such other state rules or orders approved
by the Administrator
for inclusion

in the State Implementation Plan; and any construction, Title V or other federally approved operating permit conditions. [2008] "Foundry cupola" means

a stack-type furnace used for melting of metals consisting

of
, but not limited to, the furnace proper, tuyeres, fans or blowers, tapping spout, charging equipment, gas cleaning devices and other auxiliaries. [2008] "Gas cleaning device" means

a facility designed
to remove air contaminants from gases exhausted from equipment
as defined herein. [2008] "Goal" means

a level of air quality which
is expected
to be obtained. [2008] "Heating value" means the heat released by combustion

of one pound of waste or fuel measured

in Btu on an as received basis

. For solid fuels, the heating value shall be determined
by use of ASTM Standard 02015-66. [2008] "lAC" means Iowa Administrative Code

. [2008] "Initiation
of construction. installation
or alteration" means significant permanent modification

of a site to install equipment, control equipment
or permanent structures

. Not included are activities incident to preliminary engineering, environmental studies

, or acquisition
of a site for a facility. [2008]

4"Level" means

a certain specified degree, quality or characteristic. [2008] "Major stationary source" means: 1. (a) Any one of the following stationary sources of air pollutants which emits, or has the potential
to emit, 100 tons per year or more of any regulated NSR pollutant: • Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; • Coal cleaning plants (with thermal dryers); • Kraft pulp mills; • Portland cement plants; • Primary zinc smelters; • Iron and steel mill plants; • Primary aluminum ore reduction plants; • Primary copper smelters; • Municipal incinerators capable of charging more than 250 tons of refuse per day; • Hydrofluoric, sulfuric, and nitric acid plants; • Petroleum refineries; • Lime plants; • Phosphate rock processing plants; • Coke oven batteries; • Sulfur recovery plants; • Carbon black plants (furnace process); • Primary lead smelters; • Fuel conversion plants; • Sintering plants; • Secondary metal production plants; • Chemical process plants (which does not include ethanol production facilities that produce ethanol by natural fermentation included

in NAICS code 325193 or 312140); • Fossil-fuel boilers (or combinations thereof) totaling more than 250 million British thermal units per hour heat input; • Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; • Taconite ore processing plants; • Glass fiber processing plants; and • Charcoal production plants. (b) Notwithstanding
the stationary source size specified

in paragraph "1"(a), any stationary source which emits, or has the potential
to emit, 250 tons per year or more of a regulated NSR pollutant;
or (c) Any physical change that would occur at a stationary source not otherwise qualifying under this definition
as a major stationary source

if the change would constitute

a major stationary source by itself. 2. A major source that is major for volatile organic compounds

or NOx shall be considered major for ozone. 3. The fugitive emissions
of a stationary source shall not be included

in determining
for any of the purposes
of this rule whether

it is a major stationary source, unless the source belongs
to one of the categories

of stationary sources listed
in paragraph "1"(a) of this 5

## definition
or to any other stationary source category which, as of August
7, 1980,
is being regulated under Section 111 or 112 of the Act. [2008] "Maximum achievable control technology (MACT) floor" means the following: 1. For existing sources the average emission limitation achieved by the best performing
12 percent of the existing sources

in the Unites States (for which the Administrator

or Director has emissions information), excluding those sources that have, within 18 months before the emission standard

is proposed
or within 30 months before such standard

is promulgated, whichever

is later, first achieved

a level of emission rate or emission reduction which complies,
or would comply

if the source
is not subject to such standard, with the lowest achievable emission rate applicable

to the source category and prevailing

at the time, for categories and subcategories

of stationary sources with 30 or more sources

in the category or subcategory,

or the average emission limitation achieved
by the best performing five sources

in the United States (for which the administrator

or Director has or could reasonably obtain emissions information),
for category
or subcategory

of stationary sources with fewer than 30 sources

in the category
or subcategory. 2. For new sources the emission limitation achieved

in practice by the best-controlled similar source

. [2008] "New Source Performance Standards (NSPS)" are performance standards established pursuant
to Section 111 of the Clean Air Act. [2008] "Nonattainment area" means any area of the country designated
by the EPA at 40 CFR part 81 in accordance with section

1 07(d) of the Act as nonattainment
for one or more criteria pollutants. An area could be a "nonattainment area" for some pollutants and an attainment area for other pollutants. [2008] "Number

1 fuel oil" and "number

2 fuel oil," also known as "distillate oil," mean any fuel oil that complies with the specifications
for fuel oil number

1 or fuel oil number
2, as defined by the American Society of Testing and Materials (ASTM)

D 396-02, "Standard Specification for Fuel Oils." 1. For purposes
of the air quality rules contained

in Chapter 10 of the Linn County Code of Ordinances and unless otherwise specified, number

1 fuel oil or number

2 fuel oil may contain

a blend of up to 2.0 percent biodiesel fuel, by volume, as "biodiesel fuel" is defined in this rule

. 2. The Department shall consider air pollutant emission calculations for the biodiesel fuel blends specified

in numbered paragraph "1" to be equivalent

to the air pollutant emission calculations for unblended number

1 fuel oil or unblended number

2 fuel oil. 3. Construction permits issued under §1 0.5 or Title V operating permit issued under 567 lAC Chapter 22, which restrict equipment fuel use to number

1 fuel oil or number

2 fuel oil shall be considered
by the Department

to include the biodiesel fuel blends specified

in 6numberedparagraph"1,"unlessotherwisespecifiedinLCCO§10.5orinapermitissuedunderLCCO10.5or567lACChapter22.[2008]"Objective"meansacertainspecifieddegree,qualityorcharacteristicexpectedtobeattained.[2008]"Plandocuments"meansthereports,proposals,preliminaryplans,surveyandbasisofdesigndata,generalanddetailconstructionplans,profiles,specificationsandallotherinformationpertainingtoequipment.[2008]"PM1o"meansparticulatematterwithinanaerodynamicdiameterlessthanorequaltoanominaltenmicrometersasmeasuredbyanEPA-approvedreferencemethod[2013]"PM2.s"meansparticulatematterasdefinedinthisrulewithanaerodynamicdiameterlessthanorequaltoanominal2.5micrometersasmeasuredbyanEPA-approvedreferencemethod.[2013]"Potentialtoemit"meansthemaximumcapacityofastationarysourcetoemitapollutantunderitsphysicalandoperationaldesign.Anyphysicaloroperationallimitationonthecapacityofthesourcetoemitapollutant,includingairpollutioncontrolequipmentandrestrictionsonhoursofoperationoronthetypeoramountofmaterialcombusted,stored,orprocessed,shallbetreatedaspartofitsdesignifthelimitationisenforceablebytheAdministrator.ThistermdoesnotalteroraffecttheuseofthistermforanyotherpurposesundertheAct,ortheterm"capacityfactor"asusedinTitleIVoftheActortheregulationsrelatingtoacidrain.Forthepurposeofdeterminingpotentialtoemitforcountrygrainelevators,theprovisionssetforthin567lAC22.10(2),shallapply.Forpurposesofcalculatingpotentialtoemitforemergencygenerators,"maximumcapacity"meansoneofthefollowing:1)500hoursofoperationannually,ifthegeneratorhasactuallybeenoperatedlessthan500hoursperyearforthepastfiveyears.2)8760hoursofoperationannually,ifthegeneratorhasactuallybeenoperatedmorethan500hoursinoneofthepastfiveyears;or3)Thenumberofhoursspecifiedinastateorfederallyenforceablelimit.Ifthesourceissubjecttonewsourceconstructionpermitreview,thenpotentialtoemitisdefinedasstatedaboveorasestablishedinafederallyenforceablepermit.[2008]"PreventionofSignificantDeterioration(PSD)"meansapermitprogramfornewandmodifiedsourcesissuedbytheDirectorpursuantto567lACChapter33.[2008]"Privilegedcommunication"meansinformationotherthanairpollutantemissionsdatathereleaseofwhichwouldtendtoaffectadverselythecompetitivepositionoftheowneroroperatoroftheequipment.[2008]"Process"meansanyaction,operatorortreatment,andallmethodsandformsofmanufacturingorprocessingthatemitsmoke,particulatematter,gaseousmatterorotheraircontaminant.[2008]7"Process weight rate" means

a rate established
as follows: 1. For continuous
or long-run steady-state process, the total process weight for the entire period of continuous operation
or for a typical portion thereof, divided by the number of hours of each period or portion thereof. 2.. For cyclical or batch process, the total process weight for a period that covers

a complete operation
or an integral number of cycles, divided by the hours of actual process operation during such
a period. 3 .. Where the nature of any process or operation
or the design of any equipment

is such as to permit more than one interpretation

of this definition, the interpretation that results
in the minimum value for allowable emissions shall apply. [2008] "Regulated NSR pollutant" means the following: (i) Any pollutant for which

a national ambient air quality standard has been promulgated and any constituents

or precursors for such pollutants identified by the Administrator (e.g., volatile organic compounds and NOx are precursors for ozone); (ii) Any pollutant that is subject to any standard promulgated under section 111 of the Act; (iii) Any Class

I or II substance subject to a standard promulgated under or established
by title VI of the Act; or (iv) Any pollutant that otherwise

is subject to regulation under the Act; except that any or all hazardous air pollutants either listed in section 112 of the Act or added to the list pursuant to section 112(b)(2)
of the Act, which have not been delisted pursuant
to section 112(b)(3) of the Act, are not regulated NSR pollutants unless the listed hazardous air pollutant

is also regulated as a constituent
or precursor
of a general pollutant listed under section 108 of the Act as defined

in 567 lAC 33.3(1

), definition
of "subject
to regulation." (v) Notwithstanding paragraphs

"i" through iv," the definition
of "regulated NSR pollutant" shall not include any or all hazardous air pollutants that are either listed in Section 112 of the Act or added to the list pursuant
to Section 112(b )(2) of the Act and that have not been de listed pursuant
to Section 112(b )(3) of the Act, unless the listed hazardous air pollutant

is also regulated as a constituent
or precursor
of a general pollutant listed under Section 108 of the Act. [2011] "Responsible Official" means one of the following: 1. For a corporation:

a president, secretary, vice-president

or treasurer
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 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
a gross annual sales or 

### 8expenditures exceeding $25 million (in second quarter 1980 dollars); or the delegation
of authority
to such representative

is approved

in advanced
by the permitting authority. 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 office of a federal agency includes the Chief Executive Officer having responsibility
for the overall operations

of a principal geographic unit of the agency (eg. A regional Administrator of the EPA). 4. For Title IV affected facilities: 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 or the Act. [2008] "Salvage operations" means any business, industry or trade engaged wholly or in part in salvaging
or reclaiming any product or material, including, but not limited to, chemicals, drums, metals, motor vehicles or shipping containers. [2008] "Significant" means
in reference
to a net emissions increase or the potential
of a source to emit any of the following pollutants,

at a rate of emissions that would equal or exceed any of the following rates: Pollutant and Emissions Rate Carbon monoxide: 100 tons per year (tpy) Nitrogen oxides: 40 tpy Sulfur dioxide: 40 tpy Particulate matter: 25 tpy Ozone: 40 tpy of volatile organic compounds Lead: 0.6 tpy PM-1 0: 15 tpy Asbestos 0.007 tpy Beryllium

0

. 0004 tpy Mercury 0.1 tpy Vinyl chloride

1 tpy Fluorides 3.0 tpy Sulfuric acid mist 7.0 tpy Hydrogen sulfide (H2S)

1 0 tpy Total reduced sulfur 10 tpy Reduced sulfur compounds

10 tpy Municipal waste combustor organics 3.5 x 10-6 tpy Municipal waste combustor metals 15 tpy Municipal waste combustor acid gases 40 tpy [2008] "Significant" means
in reference
to a net emissions increase
or the potential
of a source 9to emit any of the following pollutants,

at a rate of emissions that would equal or exceed any of the following rates: Pollutant and Emissions Rate Carbon monoxide:



### 1 00 tons per year (tpy) Nitrogen oxides: 40 tpy Sulfur dioxide: 40 tpy Particulate matter: 25 tpy PM1o: 15 tpy PM2.s:



### 1 0 tpy Ozone: 40 tpy of volatile organic compounds

or NOx Lead: 0.6 tpy Fluorides:

3 tpy Sulfuric acid mist:
7 tpy Hydrogen sulfide (H2S): 10 tpy Total reduced sulfur (including H2S): 10 tpy Reduced sulfur compounds (including H2S): 10 tpy Municipal waste combustor organics (measured
as total tetra- through octachlorinated dibenzo-p-dioxins
and dibenzofurans):
3.2 x 10-6 megagrams per year (3.5 x 10-6 tpy) Municipal waste combustor metals (measured
as particulate matter): 14 megagrams per year (15 tons per year) Municipal waste combustor acid gases (measured
as sulfur dioxide and hydrogen chloride): 36 megagrams per year (40 tons per year) Municipal solid waste landfill emissions (measured
as nonmethane organic compounds):
45 megagrams per year (50 tons per year) [2009] "Smoke monitor" means

a device using
a light source and a light detector which can automatically measure and record the light-obscuring power of smoke at a specific location in the flue or stack of a source. [2008] "Source operation" means the last operation preceding the emission
of an air contaminant, and which results
in the separation
of the air contaminant from the process materials
or in the conversion
of the process materials into air contaminants,
but is not an air pollution control operation. [2008] "Standard metropolitan statistical area (SMSA)" means an area that has at least one city with a population
of at least 50,000 and such surrounding areas as geographically defined by the U.S. Bureau of the Budget (Department

of Commerce). [2008] "Startup" means the setting into operation
of any control equipment
or process equipment or processes for any purpose. [2008] "State Implementation Plan (SIP)" means the plan adopted by the State of Iowa and approved
by the Administrator which provides for implementation, maintenance, and enforcement

of such primary and secondary ambient air quality standards
as are adopted by the Administrator, pursuant
to the Act. [2008] 10"Theoretical air" means the exact amount of air required
to supply the required oxygen for complete combustion

of a given quantity of a specific fuel or waste. [2008] "Total suspended particulate" means particulate matter as defined

in this rule. [2013] "12-month rolling period" means

a period of 12 consecutive months determined
on a rolling basis with a new 12-month period beginning
on the first day of each calendar month. [2008] "Untreated"
as it refers to wood or wood products includes only wood or wood products that have not been treated with compounds such as, but not limited to, paint, pigment-stain, adhesive, varnish, lacquer, or resin or that have not been pressure treated with compounds such as, but not limited to, chromate copper, acetate, pentachlorophenol

or creosote. "Untreated"
as it refers to seeds, pellets or other vegetative matter that includes only wood or wood products that have not been treated with pesticides
or fungicides. [2008] "Urban area" means any Iowa city of 100,000 or more population

in the current census and all Iowa cities contiguous

to such city. [2008] "Volatile organic compound" means any compound included

in the definition
of volatile organic compounds found at 40 CFR Section 51.1 OO(s) as amended through January 21, 2009. [2011] 

### 3. 10.5 Locally Required Permits Adopt

1 0.5(2) first paragraph
as indicated 2. Permits for Authorization

to Install. Unless exempted

in §10.5(9) any person building, erecting, altering or replacing any article, machine, equipment,

or other contrivance, the use of which may cause the creation of or emission
of air contaminants shall first obtain

a permit for authorization

to install for such installations from the Air Pollution Control Officer. A permit for authorization

to install for new facilities must be obtained prior to the initiation of construction, installation
or alteration
of any portion of the stationary source. Thereafter, a permit for modifications and additions
to the existing sources and new equipment must be obtained before any on-site construction takes place. [2008] 

### 4. Adopt numbered paragraphs 13-14 in 10.5(2)(a) 13) Any additional information deemed necessary
by the Department

to determine compliance with or applicability

of rules for Prevention
of Significant Deterioration. 14) A signed statement that ensures the applicant's legal entitlement

to install and operate equipment covered by the permit application
on the property identified

in the permit application.

A signed statement shall not be required for rock crushers, portable concrete
or asphalt equipment used in conjunction with specific identified construction projects which are intended
to be located at a site only for the duration of the specific, identified construction project. [2008]



### 1 1

# 5. Adopt

1 0.5(2)(b) first paragraph
as indicated b. Public Notice Requirements Before an Authorization

to Install
is issued for a proposed new major stationary source or authorization

is issued for a significant modification

to an existing major source as defined in §10.2 and 567 lAC Chapter 33, a notice of intent shall be published
by the Department

in a newspaper having general circulation

in the area affected by the emissions
of the proposed source. The notice and supporting documentation shall be made available for public inspection upon request. Publication
of the notice shall be made at least thirty (30) days prior to issuing

a permit. The public may submit written comments
or request

a public hearing.

If the response indicates significant interest,

a public hearing may be held after due notice. [2008] 

# 6. Adopt 10.5(2)(d)
as indicated d. Issuance
of Permit In no case shall an Authorization

to Install permit that results
in an increase

in emissions
be issued to any facility which
is in violation
of any condition found
in a permit involving PSD, NSPS, NESHAP
or a provision
of the Iowa state implementation plan.
If the facility
is in compliance with a schedule for correcting the violation and that schedule

is contained

in an order or permit condition, the Department may consider issuance
of an Authorization

to Install permit. An Authorization
To Install permit shall be issued when the Air Pollution Control Officer concludes that the preceding requirement has been met and

: 1) That the required plans and specifications represent equipment which reasonably can be expected
to comply with all applicable emission standards, and 2) That the expected emissions from the proposed source or modification,

in conjunction with all other emissions, will not prevent the attainment
or maintenance

of the ambient air quality standards specified

in Section 1 0

. 1, and 3) That the applicant has not relied on emission limits based on stack height that exceeds good engineering practice or any other dispersion techniques
as defined in §10.9(6), and 4) That the applicant has met all other applicable requirements. [2008] 

# 7. Adopt

1 0.5(3)(c-d)
as indicated c. Duration of Permit A permit to operate shall be valid for a period of one year after
it is issued. Thereafter each permit shall be renewed on a yearly basis pursuant
to §10.6(2). d. Posting of Permit to Operate

12A person who has been granted

a Permit To Operate any article, machine, equipment,
or other contrivance described

in §10.5(3) shall firmly affix an approved identification bearing the emission point number upon the article, machine, equipment, stack or other contrivance in a clearly visible and accessible manner.

In the event that the article, machine, equipment,

or other contrivance

is so constructed

or operated that such identification can not be so placed, the emission point number shall be identified

in a current site plan and/or process flow drawing
to be maintained

at the facility. This shall be available
at all times to Department personnel. A person shall not willfully deface, alter, forge, counterfeit, falsify, or falsely display any identification bearing the emission point number on any article, machine, equipment
or other contrivance. [2008] 8. Adopt

1 0.5(6) as indicated 6. Transfer
of Permits. An Authorization

to Install permit or a Permit to Operate shall be non-transferable: a. From one location
to another unless the equipment

is portable.C); b. From one piece of equipment

to another unless the equipment

is portable.(\ c. From one person to another. C) When portable equipment for which
a permit has been issued
is to be transferred from one location to another, the department shall be notified
in writing at least 7 days prior to the transfer of the portable equipment

to the new location. Written notification shall be submitted
to the department through one of the following methods: electronic mail (e-mail), mail delivery service (including U.S. Mail), hand delivery, facsimile (fax), or by electronic format specified by the department
(at such time as an Internet-based submittal system or other, similar electronic submittal system becomes available. However,

if the owner or operator

is relocating the portable equipment

to an area currently classified as nonattainment
for ambient air quality standards
or to an area under
a maintenance plan for ambient air quality standards, the owner or operator shall notify the department

at least 14 days prior to transferring the portable equipment

to the new location.

A list of non attainment and maintenance areas may be obtained from the department, upon request, or on the department's Internet Web site. The owner or operator will be notified by the department

at least 10 days prior to the scheduled relocation

if said relocation will prevent the attainment or maintenance

of ambient air quality standards and thus require

a more stringent emission standard and the installation
of additional control equipment.

In such
a case, the owner or operator shall obtain

a supplemental permit shall be obtained prior to the initiation of construction, installation,

or alteration
of such additional control equipment. [2013] 13

# 9. Adopt

1 0.5(9) as indicated [multiple dates] 9. Exemptions from the Authorization

to Install Permit and Permit to Operate Requirements. The provisions
of §1 0

. 5 shall not apply to the following equipment, except when Prevention
of Significant Deterioration Standards (567 lAC 33.1 ); New Source Performance Standards (40 CFR Part 60 NSPS), (567 lAC 23.1 (2), (§1 0.9(2)); Emission Standards for Hazardous Air Pollutants (40 CFR Part 61 NESHAP), (567 lAC 23.1 (3), (§1 0.9(3)); or Emission Standards for Hazardous Air Pollutants for source categories (40 CFR Part 63 NESHAP), (567 lAC 23.1(4), (§10.9(4) are applicable)). [2011] a. Fuel-burning equipment for indirect heating and re-heating furnaces
or cooling units using natural or liquefied petroleum gas exclusively, with a capacity of less than 10 million BTU per hour input per combustion unit. b. Fuel-burning equipment for indirect heating or cooling with a capacity less than one million BTU per hour input when burning coal, fuel oil grade #1 and #2, This exemption does not apply to equipment burning waste oil. [2009] c. Mobile internal combustion and jet engines, marine vessels, and locomotives

. d. Equipment used for cultivating land, harvesting crops, or raising livestock other than anaerobic lagoons. This exemption

is not applicable

if the equipment

is used to remove substances from grain which were applied to the grain by another person. This exemption also is not applicable

to equipment used by a person to manufacture commercial feed, as defined

in Iowa Code section 198

. 3, when that feed is normally not fed to livestock owned by that person or another person

, in a feedlot, as defined in Iowa Code section 172D.1, subsection

6, or a confinement building owned or operated by that person and located
in this state. [2008] e. Direct-fired residential heaters, cook stoves, or fireplaces, which burn untreated wood, untreated seeds or pellets, or other untreated vegetative materials. [2009] f. Laboratory equipment used exclusively for non-production chemical and physical analyses. Non-production analyses means analyses incidental

to the production
of a good or service and includes analyses conducted for quality assurance
or quality control activities,
or for the assessment

of environmental impact. g. Recreational fireplaces. h. Barbecue pits and cookers except at a meat packing plant or a prepared meat manufacturing facility

. 

# i. Storage tanks with a capacity of 19,812 gallons or less and an annual throughput
of less than 200,000 gallons

.



# 14j. Stacks or vents to prevent escape of sewer gases through plumbing traps. Systems which include any industrial waste are not exempt. k . Retail gasoline and diesel fuel handling facilities. The owner or operator
of a retail gasoline dispensing facility (GDF) that is subject to applicable national emission standards for hazardous air pollutants (NESHAP) may not use this exemption

in accordance with §1 0.5(9) unless the monthly throughput

is less than 10,000 gallons of gasoline. The owner or operator of an existing, or prior to installing, modifying
or reconstructing

a GDF which has a monthly throughput> 10,000

< 100,000 gallons of gasoline, must submit to the department

a completed registration

, on forms provided by the department, certifying that the GDF is in compliance with the following federal regulations: 1. National emission standards for hazardous air pollutants (NESHAP) for gasoline dispensing facilities (40 CFR Part 63, Subpart CCCCCC). The owner or operator of an existing, or prior to installing, modifying
or reconstructing

a GDF which has a monthly throughput

> 100,000 gallons of gasoline, must apply for a locally required permit pursuant
to §1 0.5. [2011] I. A non-production surface coating process that uses only hand-held aerosol spray cans. m. Brazing, soldering,
or welding equipment
or portable cutting torches used only fornonproduction activities. n . Asbestos demolition and renovation projects subject to 40 CFR 61

. 145 as amended through July 15, 1994, as amended

in 567 lAC 22.1 (2)"k

" . o. A stationary internal combustion engine with a brake horsepower rating of less than 400 measured
at the shaft, provided that the owner or operator meets all of the conditions

in this paragraph. For the purposes
of this exemption, the manufacturer's nameplate rated capacity
at full load shall be defined as the brake horsepower output at the shaft

. The owner or operator of an engine that is subject to applicable new source performance standards (NSPS) and/or national emission standards for hazardous air pollutants (NESHAP) based on the date the engine was manufactured, ordered, modified
or reconstructed may not use this exemption

in accordance with §10.5(9)

. The owner or operator, prior to installing, modifying
or reconstructing the engine, must submit to the department

a completed registration,
on forms provided by the department, certifying that the engine

is in compliance with the following federal regulations: 1. New source performance standards (NSPS) for stationary compression ignition internal combustion engines (40 CFR 60, Subpart 

### 1111); or 2. New source performance standards (NSPS) for stationary spark ignition internal combustion engines (40 CFR Part 60, Subpart JJJJ); and 153. National emission standards for hazardous air pollutants (NESHAP) for stationary reciprocating internal combustion engines (40 CFR Part 63, Subpart ZZZZ). This is effective retroactive

to the applicable effective date of the NSPS and/or NESHAP which
is based on the date the engine or fire pump was manufactured, ordered, modified
or reconstructed. [2012] p. Cooling and ventilating equipment: Comfort air conditioning not designed
or used to remove air contaminants generated by, or released from, specific units of equipment. q. 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. r. 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. s. Equipment for carving, cutting, routing, turning, drilling, machining, sawing, surface grinding, sanding, planing, buffing, sandblast cleaning, shot blasting, shot peening, or polishing ceramic artwork, leather, metals (other than beryllium), plastics, concrete, rubber, paper stock, and wood or wood products, where such equipment

is either used for non-production activities
or exhausted inside
a building. t. Manually operated equipment,
as defined

in 567 lAC 22.100, used for buffing, polishing, carving, cutting, drilling, machining, routing, sanding, sawing, scarfing, surface grinding, or turning. u. Incinerators and pyrolysis cleaning furnaces with a rated refuse burning capacity
of less than 25 pounds per hour. Pyrolysis cleaning furnace exemption

is limited to those units that use only natural gas or propane. Salt bath units are not included

in this exemption. v. Equipment
or control equipment which reduces or eliminates
all emission
to the atmosphere.

If a source wishes to obtain credit for emission reductions,

a permit must be obtained for the reduction prior to the time the reduction

is made.

If a construction permit has been previously issued for the equipment

or control equipment,
all other conditions
of the construction permit remain
in effect. 16w. The following equipment, processes, and activities: (1) Cafeterias, kitchens, and other facilities used for preparing food or beverages primarily for consumption

at the source. (2) Consumer use of office equipment and products, not including printers or businesses primarily involved

in photographic reproduction. (3) Janitorial services and consumer use of janitorial products. (4) Internal combustion engines used for lawn care, landscaping and grounds keeping purposes. (5) Laundry activities located at a stationary source that uses washers and dryers to clean, with water solutions
of bleach or detergents,

or to dry clothing, bedding, and other fabric items used on site. This exemption does not include laundry activities that use dry cleaning equipment

or steam boilers. (6) Bathroom vent emissions, including toilet vent emissions

. (7) Blacksmith forges. (8) Plant maintenance and upkeep activities and repair or maintenance shop activities (e.g., grounds keeping, general repairs, cleaning, painting, welding, plumbing, retarring roofs, installing insulation and paving parking lots), provided that these activities are not conducted
as part of manufacturing process, are not related to the source's primary business activity, and do not otherwise trigger

a permit modification. Cleaning and painting activities qualify

if they are not subject to requirements
for volatile organic compounds or hazardous
air pollutants
as defined

in 567 lAC 22.100. [2009] (9) Air compressors and vacuum pumps, including hand tools. [2012] (1 0) Batteries and battery charging stations, except at battery manufacturing plants. (11) Equipment used to store, mix, pump, handle or package soaps, detergents, surfactants, waxes, glycerin, vegetable oils, greases, animal fats, sweetener, corn syrup, and aqueous salt or caustic solutions, provided that appropriate lids and covers are utilized and that no organic solvent has been mixed with such materials. (12) Equipment used exclusively

to slaughter animals, but not including other equipment

at slaughterhouses, such as rendering cookers, boilers, heating plants, incinerators, and electrical power generating equipment. (13) Vents from continuous emissions monitors and other analyzers. 17(14) Natural gas pressure regulator vents, excluding venting at oil and gas production facilities. (15) Equipment used by surface coating operations that apply the coating by brush, roller, or dipping, except equipment that emits volatile organic compounds

or hazardous air pollutants
as defined

in 567 lAC 22.100. (16) Hydraulic and hydrostatic testing equipment. (17) Environmental chambers not using gases which are hazardous air pollutants as defined
in 22.100. (18) Shock chambers, humidity chambers, and solar simulators. (19) Fugitive dust emissions related to movement
of passenger vehicles on unpaved road surfaces, provided that the emissions are not accounted for applicability purposes and that any fugitive dust control plan or its equivalent is submitted
as required by the Department. (20) Process water filtration systems and demineralizers, demineralized water tanks, and demineralizer vents. (21) Boiler water treatment operations, not including cooling towers or lime silos. (22) Oxygen scavenging (deaeration)

of water. (23) Fire suppression systems. (24) Emergency road flares. (25) Steam vents, safety relief valves, and steam leaks. (26) Steam sterilizers. (27) Application

of hot melt adhesives from closed-pot systems using polyolefin compounds, polyamides, acrylics, ethylene vinyl acetate and urethane material when stored and applied at the manufacturer's recommended temperatures. Equipment used to apply hot melt adhesives shall have
a safety device that automatically shuts down the equipment

if the hot melt temperature exceeds the manufacturer's recommended application temperature. x. Direct-fired equipment burning natural gas, propane,
or liquefied propane with a capacity
of less than 10 million Btu per hour input, and direct-fired equipment burning fuel oil with a capacity
of less than
1 million Btu per hour input, with emissions that are attributable only to the products of combustion. Emissions other than those attributable

to the products
of combustion shall be accounted for in an enforceable permit condition
or shall otherwise be exempt under this subrule. 18y. Closed refrigeration systems, including storage tanks used in refrigeration systems, but excluding any combustion equipment associated with such systems. z. Pretreatment application processes that use aqueous-based chemistries designed
to clean
a substrate, provided that the chemical concentrate contains no more than 5 percent organic solvents by weight. This exemption includes pretreatment processes that use aqueous-based cleaners, cleaner-phosphatizers,

and phosphate conversion coating chemistries. aa. Indoor-vented powder coating operations with filters or powder recovery systems. bb. Electric curing ovens or curing ovens that run on natural gas or propane with a maximum heat input of less than 10 million BTU per hour and that are used for powder coating operations, provided that the total cured powder usage
is less than 75 tons of powder per year at the stationary source. Records shall be maintained
on site by the owner or operator for a period of at least two calendar years to demonstrate that cured powder usage
is less than the exemption threshold. cc. Any production surface coating activity that uses only nonrefillable hand-held aerosol cans, where the total volatile organic compound emissions from all these activities
at a stationary source do not exceed 5.0 tons per year. dd. Production welding. (1) Welding using
a consumable electrode, provided that the consumable electrodes used fall within American Welding Society specification
A5

. 18/A5.18M for Gas Metal Arc Welding (GMAW), A5

. 1 or A5.5 for Shielded Metal Arc Welding (SMAW), and A5.20 for Flux Core Arc Welding (FCAW), and provided that the quantity of all electrodes used at the stationary source of the acceptable specifications

is below 200,000 pounds per year of GMAW and 28,000 pounds per year for SMAW or FCAW. Records that identify the type and annual amount of welding electrode used shall be maintained
on site by the owner or operator for a period of at least two calendar years. For stationary sources where electrode usage exceeds these levels, the welding activity at the stationary source may be exempted

if the amount of electrode used (Y) is less than: Y =the greater of 1380x- 19,200 or 200,000 for GMAW, or Y = the greater of 187x- 2,600 or 28,000 for SMAW or FCAW Where

x is the minimum distance
to the property line in feet, and Y is the annual electrode usage
in pounds per year. If the stationary source has welding processes that fit into both of the specified exemptions, the most stringent limits must be applied. (2) Resistance welding, submerged arc welding

, or arc welding that does not use a consumable electrode, provided that the base metals do not include any stainless steel, alloys of lead, alloys of arsenic, or alloys of beryllium and 19

## provided that the base metals are uncoated, excluding manufacturing process lubricants. ee. Electric hand soldering, wave soldering, and electric solder paste reflew ovens. ff. Pressurized piping and storage systems for natural gas, propane, liquefied petroleum gas (LPG), and refrigerants, where emissions could only result from an upset condition. gg. Emissions from the storage and mixing of paints and solvents associated with the painting operations, provided that the emissions from the storage and mixing are accounted for in an enforceable permit condition
or are otherwise exempt. hh. Product labeling using laser and ink-jet printers with target distances less than or equal to six inches and an annual material throughput

of less than 1,000 gallons per year as calculated
on a stationary source-wide basis. ii. A regional collection center (RCC), as defined

in 567 lAC Chapter 211, involved

in the processing

of permitted hazardous materials from households and conditionally exempt small quantity generators (CESQG), not to exceed 1,200,000 pounds of VOC containing material

in a 12-month rolling period. Latex paint drying may not exceed 120,000 pounds per year on a 12-month rolling total. Other non-processing emission units (e.g., standby generators and waste oil heaters) shall not be eligible to use this exemption. jj. Cold solvent cleaning machines that are not in-line cleaning machines, where the maximum vapor pressure
of the solvents used shall not exceed 0.7 kPa (5 mmHg or 0.1 psi) at 20°C (68°F). The machine must be equipped with a tightly fitted cover or lid that shall be closed at all times except during parts entry and removal. This exemption cannot be used for cold solvent cleaning machines that use solvent containing methylene chloride (CAS
# 75-09-2), Perchloroethylene (CAS
# 127-18- 4), trichloroethylene (CAS# 79-01-6), 1,1, 1-trichloroethane (CAS# 71-55-6), carbon tetrachloride (CAS# 56-23-5)
or chloroform (CAS# 67-66-3),
or any combination

of these halogenated HAP solvents

in a total concentration greater than 5 percent by weight. kk. 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 rule 567 lAC 22.100. II. Reserved. [2011]



# 20

### 10. Adopt 10.5(10-11)
as indicated 1 0. Emissions Offsets for Non-Attainment Designated Areas. Rule 567 lAC 22.5 of the Iowa Administrative Code,
is hereby made
a part of this Ordinance
by reference. 11. Dispersion Credit Allowance. For the purpose of Authorization

to Install review, primarily the determination

of dispersion credit allowed for stack heights that exceed "good engineering practice", the Iowa Administrative Code rule 567-23

. 1 (5) as amended, shall apply and is hereby made
a part of this Ordinance
by reference. [2008] 

### 11. Adopt 10.6(1) as indicated 10.6 Permit Fees 1. Initial Applications. Every applicant for a Permit to Operate,

a permit for variance,

a permit for Authorization
To Install any article, machinery, equipment
or other contrivance
for which such permit or authorization

is required by the terms of this Ordinance

or otherwise required by law, shall pay a filing fee, except federal, state, or local government agencies
or public districts are not required
to pay such fee. [2012] 

### 12. Adopt

1 0.6(2) as indicated 2. Annual Fee for Permit to Operate

. Each Permit to Operate shall be renewed on the annual operating fee due date, (hereafter referred to as the expiration date), set by the Air Pollution Control Officer. This provision shall apply to all Permits To Operate required by 

### § 1 0.5(3) of this Ordinance. [2011] The annual renewal fee shall be payable for each Permit to Operate, and shall be paid by the invoice due date. If the annual operating fee is not paid by the invoice due date, the permit shall expire and no longer be valid. The permit holder shall be notified by mail by the Air Pollution Control Officer. The Air Pollution Control Officer shall have the authority
to deny renewal of any Permit To Operate for equipment that is found to be out of compliance with the emission standards
or requirements
set out in this Ordinance. The Air Pollution Control Officer shall have the authority
to deny issuance of, or the renewal of, any permit to any person who has been previously cited for any violation
of this Ordinance and who has not paid in full all fines, court costs and restitution entered as a judgment against them or who is not in current with any Court ordered payment plan for such fines, court costs and restitution. This provision does not limit the Air Pollution Control Officer's power to otherwise collect unpaid fines, court costs or restitution. [2011]



### 21

# 13. Adopt

1 0.6(3-4) as indicated 3. Filing Fees for Untimely Permits. Notwithstanding section §10.6(1) or §10.6(2) above, all applicants for an Authorization

to Install made after the initiation of on-site construction; for an Authorization

to Install and a Permit to Operate for emission sources already

in operation;
or for renewals made after the expiration date; shall pay a late filing fee for each permit or renewal required. Nothing herein shall limit the Air Pollution Control Officer's power to enforce the penalty provisions
of this ordinance

in lieu of or in addition
to the collection
of this filing fee. [2008] 4. Fees required under Sections 10.6(1). 10.6(2) and 10.6(3) above shall be recommended by the Air Pollution Control Officer and be established
by resolution
of the Linn County Board of Supervisors. [2008] 

# 14. Adopt the revised title of 10.9 and header of the first paragraph. 10.9 Emissions Standards 1. Emissions
of Particulate Matter No person shall permit, cause, suffer or allow the emission
of particulate matter into the atmosphere

in any one hour from any emission point from any process equipment

at a rate in excess of that specified

in Table

I for the process weight rate allocated
to such emission point.
In any case, the emission
of particulate matter from any process shall not exceed an emission standard of 0.1 grain per dry standard cubic foot of exhaust gas or Table

I of this section, whichever would result in the lowest allowable emission rate. [2008] 

# 15. Adopted Table

I in 10.9(1) as indicated TABLE

I ALLOWABLE RATE OF EMISSION BASED ON PROCESS WEIGHT RATE* Process Weight Rate Lb/Hr 100 200 400 600 800 1,000 1,500 2,000 2,500 3,000 3,500 4,000 Tons/Hr 0.05 0.10 0.20 0.30 0.40 0.50 0.75 1.00 1.25 1.50 1.75 2.00 

# 22 Rate of Emission Lb/Hr 0.551 0.877 1.40 1.83 2

. 22 2.58 3.38 4.10 4.76 5.38 5.96 6.52

## Process Weight Rate Lb/Hr 5,000 6,000 7,000 8,000 9,000 10,000 12,000 14,000 16,000 18,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 90,000 100,000 120,000 140,000 160,000 200,000 1,000,000 2,000,000 6,000,000 Tons/Hr 2.50 3.00 3.50 4.00 4.50 5.00 6.00 7.00 8

. 00 9.00 10.00 15.00 20.00 25.00 30.00 35

. 00 40.00 45.00 50.00 60.00 70

. 00 80.00 100.00 500

. 00 1,000.00 3,000.00 

# 16. Adopt

1 0.9(1 )(g) as indicated Rate of Emission Lb/Hr 7.58 8.56 9.49 10.40 11.20 12.00 13

. 60 15.10 16.50 17.90 19.20 25

. 20 30.50 35.40 40

. 00 41.30 42.50 43.60 44.60 46.30 47.80 49.00 51.20 69.00 77.60 92.70 [2009] g. Grain Handling and Processing Plants. No person shall cause, allow, or permit the operation
of equipment

at a permanent installation for the handling or processing
of grain, grain products and grain by-products such that the particulate matter discharged

to the atmosphere exceeds 0.1 grains per standard cubic foot of exhaust gas. a. The particulate matter discharged

to the atmosphere from a grain bin vent at a country grain elevator, as "country grain elevator"

is defined

in 567 lAC 22.1 0(1 ), shall not exceed 1.0 grain per dry standard cubic foot of exhaust gas. b. The particulate matter discharged

to the atmosphere from
a grain bin vent that was constructed, modified
or reconstructed before March 31, 2008, at a country grain terminal elevator, as "country grain terminal elevator"

is defined
in 567 lAC 22.1 0(1 ), or at a grain terminal elevator, as "grain terminal elevator"

is defined

in 567 lAC 22.1 0(1 ), shall not exceed 1.0 grain per dry standard cubic foot of exhaust gas. 23c. The particulate matter discharged

to the atmosphere from a grain bin vent that is constructed

or reconstructed

on or after March 31, 2008, at a country grain terminal elevator, as "country grain terminal elevator"

is defined

in 567 lAC 22.1 0(1 ), or at a grain terminal elevator, as "grain terminal elevator"

is defined

in 567 lAC 22.1 0(1 ), shall not exceed 0.1 grain per dry standard cubic foot of exhaust gas. [2008] 

### 17. Adopt 10.9(1)(j) as indicated j. Phosphate Processing Plants. 1) Phosphoric acid manufacture.
No person shall allow, cause, or permit the operation of equipment for the manufacture

of phosphoric acid that was in existence on October 22, 1974, in a manner that produces more than 0.04 pounds of fluoride per ton of phosphorous pentoxide
or equivalent input. 2) Diammonium phosphate manufacture.
No person shall allow, cause, or permit the operation
of equipment for the manufacture

of diammonium phosphate that was in existence on October 22, 197 4, in a manner that produces more than 0.15 pounds of fluoride per ton of phosphorous pentoxide
or equivalent input. 3) Nitrophosphate manufacture.
No person shall allow, cause, or permit the operation of equipment for the manufacture

of nitrophosphate

in a manner that produces more than 0.06 pounds of fluoride per ton of phosphorus pentoxide
or equivalent input. 4) No person shall cause, allow, or permit the operation
of equipment for the processing

of phosphate ore, rock,
or other phosphatic material (other than equipment used for the manufacture

of phosphoric acid, diammonium phosphate

or nitrophosphate)

in a manner such that the unit emissions
of fluoride exceed 0.4 pounds of fluoride per ton of phosphorous pentoxide
or its equivalent input. 5) Notwithstanding

"1" through "4," no person shall allow, cause, or permit the operation
of equipment for the processing
of phosphorus ore, rock or other phosphatic material including, but not limited to

, phosphoric acid, in a manner that emissions
of fluorides exceed 100 pounds per day. 6) "Fluoride" means elemental fluorine and all fluoride compounds
as measured
by reference methods specified

in Appendix

A to 40 CFR Part 60 as amended through March 12, 1996, as adopted

in 567 lAC Chapter 23. 7) Calculation. The allowable total emission
of fluoride shall be calculated
by multiplying the unit emission specified above by the expressed design production capacity
of the process equipment. [2008] 24

# 18. Adopt

1 0.9(1 )(I) as 

# indicated I. 

## Incinerator.

A person shall not cause, allow, or permit the operation
of an incinerator unless

it is provided with appropriate control of emissions
of particulate matter and visible air contaminants. 1) Particulate matter.

A person shall not cause, allow, or permit the operation
of an incinerator

in a manner such that the particulate matter discharged

to the atmosphere

0

. 2 grain per standard cubic foot of exhaust gas adjusted
to 12 percent carbon dioxide. A person shall not allow, cause, or permit the operation
of an incinerator with a rated refuse burning capacity of less than 1000 pounds per hour in a manner such that the particulate matter discharged

to the atmosphere exceeds 0.35 grains per standard cubic foot of exhaust gas adjusted
to 12 percent carbon dioxide. 2) Visible emissions.

A person shall not allow, cause, or permit the operation
of an incinerator

in a manner such that
it produces visible emissions which have an appearance, density, or shade darker than 20% opacity or that level specified

in a federally enforceable permit; except that visible emissions which have an appearance, density, or shade not darker than 40% opacity may be emitted for a period or periods aggregating not more than 3 minutes

in any 60 minute period during an operation breakdown
or during the cleaning of air pollution control equipment. [2008] 

# 19. Adopt

1 0.9(5) as indicated 5. Emission Guidelines. Except as hereafter modified the emission guidelines regulations
as adopted by the Iowa Department

of Natural Resources and promulgated

as 567 Iowa Administrative Code, Chapter 23.1 (5), are hereby specifically incorporated

by reference and adopted as part of this ordinance. 

# 6 . Calculation

of emission limitations based upon stack height. This rule sets limits for the maximum stack height credit to be used in ambient air quality modeling for the purpose of setting an emission limitation and calculating the air quality impact of a source. This rule does not limit the actual physical stack height for any source. For the purpose of this subrule, definitions
of "stack," "a stack in existence," "dispersion technique," "nearby" and "excessive concentration"

as set forth in 40 CFR §§ 51.100(ff) through (hh), 

# Uj) and (kk) as amended through June 14, 1996, are adopted by reference. a. "Good engineering practice (GEP) stack height" means the greater of: (1) 

## Sixty-five meters, measured from the ground level elevation
at the base of the stack; or (2) For stacks
in existence on January 12, 1979, and for which the owner and operator had obtained
all applicable permits or approvals required under §1 0.5 and 40 CFR §52.21 as amended through June 13, 2007, H 9 

# = 2.5H provided the owner or operator produces evidence that this equation was actually relied on in establishing
an emission limitation;



## 25

## For all other stacks,



# H 9 

# = 

# H + 1.5L where: H 9 

# = good engineering practice stack height, measured from the ground level elevation at the base of the stack, H 

# = height of nearby structure(s) measured from the ground level elevation
at the base of the stack, L 

# = lesser dimension, height or projected width, of nearby structure(s), provided that the Department may require the use of a field study or fluid model to verify GEP stack height for the source; or (3) The height demonstrated

by a fluid model or a field study approved by the Department, which ensures that the emissions from
a stack do not result in excessive concentrations

of any air pollutant as a result of atmospheric downwash, wakes, or eddy effects created by the source itself, nearby structures
or nearby terrain features. Public notification
of the availability
of such study and opportunity for public hearing are required prior to approval by the Department. b. The degree of emission limitation required for control of any air contaminant under this chapter shall not be affected

in any manner by: (1) The consideration

of that portion of a stack which exceeds GEP stack height; or (2) Varying the rate of emission
of a pollutant according
to atmospheric conditions
or ambient concentrations

of the pollutants;
or (3) Increasing final exhaust gas plume rise by manipulating source process parameters, exhaust gas parameters, stack parameters,

or combined exhaust gases from several existing stacks into one stack; or other selective handling
of exhaust gas streams so as to increase gas plume rise. This rule is intended
to implement Iowa Code section 4558.133. [2008] 

# 20. Adopt 10.1 O(A) as indicated 10.10 Open Burning A. No person shall allow, cause or permit open burning of combustible materials, except as follows. [2008] 

# 21. Adopt 10.10(A)(1)(b-c)

as indicated b. Training Fires. For the purpose of this paragraph,

a "training fire" is a fire set for the purpose of conducting

a bona fide training of public or industrial employees

in fire fighting methods. For the purpose of this subparagraph, "bona fide training" means training that is conducted according

to the National Fire Protection Association 1403 Standard on Live Fire Training Evolutions (2002 Edition), or a comparable training fire standard.

A training fire may be conducted, provided that all of the following conditions are met: 1. A training fire on a building

is conducted with the building structurally intact 2. The training fire does not include the controlled burning of a demolished building. 3. If the training fire is to be conducted
on a building, written notification must be provided
to the Director and the Department
on IDNR Form 542-8010, 

# 26"Notification

of an Iowa Training Fire-Demolition

or a Controlled Burn of a Demolished Building," and must be postmarked

or delivered
to the Director at least ten working days before such action commences. 4. Notification shall be made
in accordance with 40 CFR Section 61.145 as amended through January 16, 1991, which
is the "Standard for Demolition and Renovation"

of the asbestos National Emission Standard for Hazardous Air Pollutants. 5. All asbestos-containing material shall be removed prior to the training fire. 6. Asphalt shingles may be burned
in a training fire only if notification

to the Director contains testing results indicating that none of the layers of asphalt shingles contain asbestos. During each calendar year, each fire department may conduct no more than two training fires on buildings where asphalt shingles have not been removed, provided that for each of those training fires the asphalt roofing material present has been tested to ensure that
it does not contain asbestos. 7. Rubber tires and other trash or garbage materials are not allowed substances for inclusion

in training fires. 8. A copy of all asbestos test results shall be submitted

to the Department. The Air Pollution Control Officer reserves the authority
to inspect the proposed burning premises
to verify compliance with the above listed requirements before issuing the open burning permit. The Air Pollution Control Officer may deny any training fire request based on factors such as public health, air quality
in the vicinity and effects to the local environment

or where evidence suggests that allowing the burning would cause the violation of any National Ambient Air Quality Standards. c. Agricultural Structures. The open burning of agricultural structures, provided that the open burning occurs on the premises, and for agricultural structures located within
a city or town, at least one- fourth mile from any building inhabited by a person other than the landowner,

a tenant, or an employee
of the landowner
or tenant conducting the open burning unless

a written waiver
in the form of an affidavit

is submitted
by the owner of the building to the Department prior to the open burning. All chemicals and asphalt shingles shall be removed. All structures shall be inspected for suspect asbestos content by a state certified asbestos inspector. All asbestos-containing material shall be removed prior to burning. Burning shall be conducted only when weather conditions are favorable with respect to surrounding property. Tires shall not be used to ignite agricultural structures. The asbestos National Emission Standard for Hazardous Air Pollutants (NESHAP),
as amended through January 16, 1991, requires that burning of agricultural structures
to be conducted

in accordance with 40 CFR Section 61.145, "Standard for Demolition and Renovation." For the purposes
of this subrule, "agricultural structures" means barns, machine sheds, storage cribs, animal confinement buildings, and homes located on the premises and used in conjunction with crop production, livestock or poultry raising and feeding operations. "Agricultural structures," for asbestos NESHAP purposes, includes all of the above, with the exception
of a single residential structure on the premises having four or fewer dwelling units, which has been used only for residential purposes. [2008]

27

# 22. Adopt 10.1 O(A)(1 )(f) as indicated f. Landscape Wastes. Fires set for the disposal of landscape wastes including grass, leaves, weeds, trees, tree limbs, natural growth for land clearing, agricultural wastes, etc. providing these fires comply with §1 0.7 of this ordinance. However, the burning of landscape waste produced

in clearing, grubbing and construction operations shall be limited to areas located at least one-fourth mile from any building inhabited by other than the landowner
or tenant conducting the open burning. Burning shall be conducted when weather conditions are favorable with respect to surrounding property. Rubber tires shall not be used to ignite landscape waste. The open burning of landscape waste is limited to the property where such waste
is generated. [2008] 

# 23. Adopt 10.1 O(A)(1 )(h-i) as indicated h. Trees and Tree Trimmings. The open burning of trees and tree trimmings not originated on the premises provided that the burning site is operated by a local governmental entity, the burning site is fenced and access

is controlled, burning

is conducted
on a regularly scheduled basis and is supervised

at all times, burning

is conducted only when weather conditions are favorable with respect to surrounding property, and the burning site is limited to areas at least one-quarter mile from any inhabited building unless

a written waiver
in the form of an affidavit

is submitted
by the owner of the building
to the Department and to the local governmental entity prior to the first instance
of open burning at the site. The written waiver shall become effective only upon recording

in the office of the recorder of deeds of the county
in which the inhabited building

is located. When the open burning of trees and tree trimmings causes air pollution as defined

in Iowa Code section 455B.131 (3), the Department may take appropriate action to secure relocation
of the burning operation. Rubber tires shall not be used to ignite trees and tree trimmings. i. Other Burning. Other open burning such as, but not limited to, native prairie management may be allowed on a case by case basis, through the issuing of an open burning permit, provided the Air Pollution Control Officer has determined that the burning will not adversely affect the air quality or will not violate any sections
of this Ordinance and is reasonable and practical as compared

to other alternatives available. [2012] 

# 24. Adopt 10.1 O(A)(2) as indicated 2. Open Burning Permits shall be issued by the Linn County Air Pollution Control Officer and the Fire Chief of the fire district having jurisdiction

at the place of burning. Every application for an open burning permit required under§ 10.10 shall be filed in the manner and form prescribed
by the Air Pollution Control Officer. Fees for Open Burning Permits shall be recommended

by the Air Pollution Control Officer and be established
by resolution
of the Linn County Board of Supervisors, except federal, state, or local government agencies
or public districts are not required
to pay such fee. 

# 28Open Burning Permits are valid provided the following conditions are met and maintained: a. The permit fee has been paid. Fees not paid in person shall be deemed paid on the date of mailing; b. Open burning permits must be signed by the Air Pollution Control Officer; c. Burning

is authorized during the dates stated on the permit which shall be for periods no less than thirty (30) days and no greater than one (1) year; d. Unless otherwise approved
by the Fire Chief having jurisdiction, burning shall be conducted during the hours of one half hour after sunrise until one half hour before sunset. The Linn County Sheriff's Department shall be notified upon such approval by the permit applicant; e. Burning

is conducted

in a safe and reasonable manner so as not to endanger life or property; f. Fires must be attended by the permit applicant
or his/her agent at all times, this person shall have the burning permit
in their possession

at the time of burning; g. The Air Pollution Control Officer shall have the authority
to deny issuance
of an Open Burning Permit to any person who has failed to pay the fee for a previously issued Open Burning Permit; who has been previously cited for any violation of this Ordinance and has failed to pay in full all fines, court costs and restitution entered as a judgment against them or who is not current with any Court ordered payment plan for such fines, court costs and restitution. This provision does not limit the Air Pollution Control Officer's power to otherwise collect unpaid fees, fines, court costs and restitution. [2008] 

### 25. Adopt 10.1 O(A)(3) as indicated 3. The following types of open burning are exempt and may be conducted without an open burning permit. a. Open burning used solely for cooking, heating, and/or other recreational activities. These fires must be no larger than three feet in diameter and must burn charcoal or untreated wood. Wood must also be free of all leaves, needles or other vegetative matter. These fires must comply with §10.7. b. Camp fires and outdoor fireplaces burning untreated wood material, when
in association with camping out, cooking, or similar related recreational activities provided that these fires comply with all other sections
of this Ordinance and are no larger than three feet in diameter. c. Fires for the disposal of residential waste, but not to include rubber, tires, asphalt compounds

or garbage
at dwellings
of four family units or less, in which fires are maintained
by the occupant
of the dwelling and the burning

is conducted

in an approved container. An approved container shall be any container which has a capacity that does not exceed 55 gallons
in volume and has a one inch spaced wire or other suitable spark arresting device for the control of wind blown materials. 

### 29

## No person shall allow, cause or permit fires for the disposal
of household rubbish at dwellings
of more than four family units. d. Paper Seed Bags. The disposal by open burning of paper seed bags resulting from farming activities occurring on the premises. Such open burning shall be limited to areas located at least one-fourth mile from any building inhabited by other than the landowner
or tenant conducting the open burning, livestock area, wildlife area, or water source. The amount of paper seed bags that can be disposed
of by open burning shall not exceed one day's accumulation

or 50 pounds, whichever

is less. However, when the burning of paper seed bags causes

a nuisance, the Air Pollution Control Officer may take action to secure relocation
of the burning operation. e. Fire Extinguisher Training. For the purpose of this paragraph,

a "training fire" is a fire set for the purpose of conducting

a bona fide training of public or industrial employees in fire fighting methods. For the purpose of this subparagraph, "bona fide training" means training that is conducted according
to the National Fire Protection Association 1403 Standard on Live Fire Training Evolutions (2002 Edition), or a comparable training fire standard.

A training fire may be conducted, provided that all of the following conditions are met:
1. The training fire is to be conducted

in an approved container not to exceed 55 gallons
in volume for educational and safety purposes on the proper use of a fire extinguisher. 2. Material(s) used in the training fire shall be limited to diesel fuel, gasoline,
or a combination

of both. 4. Variance from rules. Any person wishing to conduct open burning of materials not listed in 10.1 O(A)(1) may make application for a variance as specified

in §1 0.15. In addition
to requiring the information specified

in §10.15, the Air Pollution Control Officer may require any person applying for a variance from the open burning rules to submit adequate documentation

to allow the Air Pollution Control Officer to assess whether granting the variance will hinder attainment
of a National Ambient Air Quality Standard (NAAQS).[2008] 

# 26. Adopt 10.1 O(A)(3) as indicated B. Unavailability

of Exemptions

in Certain Areas. Notwithstanding

§1 0.1 O(A)(1)(f) and §1 0.1 O(A)(3)(c)
of this ordinance,
no person shall allow, cause or permit the open burning of residential waste, including landscape waste and leaves, within the city limits of Cedar Rapids, Hiawatha
or Marion, Iowa. 1. Notwithstanding §10.10(A)(1)(f), and §10.10(A)(3)(c)

of this ordinance,
no person shall allow, cause or permit the open burning of residential waste, including landscape waste and leaves, within one half mile of Cedar Rapids, Hiawatha
or Marion, Iowa which
is classified as Urban Services Residential (USR) district
in accordance with the Unified Development Code or otherwise incorporated. The effective date of this rule is January

1, 2009. [2008] 3027. Adopt 10.13(1)(6)
as indicated 10.13 Fugitive Dust 6. Reducing the speed of vehicles traveling over on-property surfaces as necessary to minimize the generation
of airborne dusts. [2008] 28. Adopt

1 0.13(2) as indicated (2) Nonattainment Areas. Subparagraph

(1) notwithstanding,

no person shall allow, cause or permit any visible emission
of fugitive dust in a nonattainment area for particulate matter to go beyond the lot line of the property on which
a traditional source

is located without taking reasonable precautions

to prevent emission. Traditional source means

a source category for which
a particulate emission standard has been established

in Linn County Ordinance #6-9-2009 §10

. 9, and includes

a quarry operation, haul road, or parking lot associated with the traditional source. This paragraph does not modify the emission standard, but rather establishes

a separate requirement for fugitive dust from such sources. For guidance on the types of controls which may constitute reasonable precautions, see "Identification

of Techniques for the Control of Industrial Fugitive Dust Emissions*," adopted by the State of Iowa Environmental Protection Commission

on May 19, 1981.[2008] *Available from the Department 29. Adopt 10.16 (1) as indicated 1. Evidence used in establishing that a violation has or is occurring

. Notwithstanding
any other provisions
of these rules, any credible evidence may be used for the purpose of establishing whether

a person has violated or is in violation of any provisions herein

. a. Information from the use of the following methods

is presumptively credible evidence
of whether

a violation has occurred
at a source: (1) A monitoring method approved for the source and incorporated

in an operating permit pursuant
to section

1 0.5; (2) Compliance test methods specified

in section

1 0.17; or (3) Testing or monitoring methods approved for the source
in a construction permit issued pursuant
to section

1 0.5. b. The following testing, monitoring
or information-gathering methods are presumptively credible testing, monitoring,
or information-gathering methods: (1) Any monitoring
or testing methods provided

in these rules; or (2) Other testing, monitoring,
or information-gathering methods that produce information comparable

to that produced
by any rule in sub rule 1 0.16(1 )"a" of this subrule. [2008]

31

# 30. Adopt 10.17 (1-4) as indicated 10.17 Testing and Sampling
of New and Existing Equipment 1. Continuous Monitoring
of Opacity from Coal-Fire Steam Generating Units. The owner or operator of any coal-fired
or coal-gas-fired steam generating unit with a rated capacity of greater than 250 million BTUs per hour heat input shall install, calibrate, maintain and operate continuous monitoring equipment
to monitor opacity.

If an exhaust services more than one steam generating unit as defined

in the preceding sentence, the owner has the option of installing opacity monitoring equipment
on each unit or on the common stack. Such monitoring equipment shall conform
to performance specifications specified

in §10.17(9). The Air Pollution Control Officer may require the owner or operator
of anycoalfired or coal-gas-fired steam generating unit to install, calibrate, maintain and operate continuous monitoring equipment

to monitor opacity whenever the compliance status, history of operations, ambient air quality
in the vicinity surrounding the generator
or the type of control equipment utilized would warrant such monitoring. 2. Reserved 3. Reserved 4. Continuous Monitoring
of Sulfur Dioxide from Sulfuric Acid Plants. The owner or operator of any sulfuric acid plant of greater than 300 tons per day production capacity, the production being expressed
as 100 percent acid, shall install, calibrate, maintain and operate continuous monitoring equipment

to monitor sulfur dioxide emissions. Said monitoring equipment shall conform
to the minimum performance specifications specified

in §10.17(9). [2008] 

# 31. Adopt 10.17 (5-6) as indicated 5. Maintenance

of Records of Continuous Monitors. The owner or operator
of any facility which
is required
to install, calibrate, maintain, and operate continuous monitoring equipment shall maintain for a minimum
of two years
a file of all information pertinent
to each monitoring system present
at the facility. Such information must include, but is not limited to, all emissions data (raw data, adjusted data, and any or all adjusted factors used to convert emissions from units of measurement

to units of applicable standard), performance evaluations, calibrations and zero checks, and records of all malfunctions

of monitoring equipment
or source and repair procedures performed. 6. Reporting
of Continuous Monitoring Information. The owner or operator of any facility which
is required
to install continuous monitoring system or systems shall provide quarterly reports to the Air Pollution Control Officer no later than 30 calendar days following the end of the calendar quarter, on forms provided by the Air Pollution Control Officer. This provision shall not excuse compliance with more stringent applicable reporting requirements.

All periods of recorded emissions

in excess of the applicable standards, the results of all calibrations, zero checks, span values, performance evaluations occurring during the reporting period, and any periods of monitoring equipment malfunctions

or 32source upsets and any apparent reasons for these malfunctions and upsets shall be included

in this report. [2013] 

## 32. Adopt 10.17 (7) as indicated 7. Tests by Owner. The owner of new or existing equipment
or the owner's authorized agent shall conduct emissions tests to determine compliance with applicable rules in accordance with these requirements

. a. General. The owner of new or existing equipment
or the authorized agent shall notify the Air Pollution Control Officer
in writing not less than 15 days before

a required test or before

a performance evaluation
of a required continuous emission monitor to determine compliance with applicable requirements

of §10.9 or a permit condition. Such notice shall include the time, the place, the name of the person who will conduct the tests and other information
as required by the Department.

If the owner or operator does not provide timely notice to the Department, the Department shall not consider the test results or performance evaluation results to be a valid demonstration

of compliance with the applicable rules or permit conditions.
At the Department's request,

a pretest meeting shall be held no later than 5 days prior to conducting the compliance demonstration.

A testing protocol shall be submitted
to the Department
no later than 15 days prior to conducting the compliance demonstration.

A representative

of the Linn County Public Health Department shall be permitted
to witness the tests. Results of the tests shall be '- submitted

in writing to the Air Pollution Control Officer. With the exception
of specific **'~** requirements
for New Source Performance Standards under §10.17(1) above all test results shall be submitted

to the Air Pollution Control Officer within six weeks after said ; testing has been completed. b. New or Modified Equipment. Unless otherwise specified by the Department,

all new or modified equipment shall be tested by the owner or the owner's authorized agent to determine compliance with applicable emission limits. Tests conducted

to demonstrate compliance with the requirement

of the rules or a permit shall be conducted within 60 days of achieving maximum production but no later than 180 days of startup, unless

a shorter time frame
is specified

in the permit. c. Existing Equipment. The Air Pollution Control Officer may require the owner or the operator's authorized agent to conduct an emission test on any equipment

if the Air Pollution Control Officer has reason to believe that the equipment does not comply with the applicable requirements. Grounds for requiring such
a demonstration
for compliance include

a modification

of control or process equipment, age of equipment,
or observation

of opacities
or other parameters outside the range of those indicative
of properly maintained and operated equipment. Testing may be required as necessary

to determine actual emissions from a source where that source

is believed
to have
a significant impact on the public health or ambient air quality of an area. The Air Pollution Control Officer shall provide the owner or agent not less than 30 days to perform the compliance demonstration and shall provide written notice of the requirement. [2009] 33

# 33. Adopt

1 0.17(8) as indicated 8 . Tests by Department. Representatives

of the Department may conduct separate and additional air contaminant emission tests and continuous monitor performance tests of an installation
on behalf of the county and at the expense
of county. Sampling holes, safe scaffolding and pertinent allied facilities, but not instruments

or sensing devices, as needed, shall be requested

in writing by the Air Pollution Control Officer and shall be provided by and at the expense of the owner of the installation
at such points as specified

in the request. The owner shall provide

a suitable power source to the point or points of testing so that sampling instruments can be operated as required

. Analytical results shall be furnished
to the owner. [2008] 

# 34. Adopt

1 0.17(9) as indicated Methods and Procedures. Stack sampling and associated analytical methods used to evaluate compliance with emission limitations
of §10

. 8, §10

. 9, §10.12 or a permit condition areas follows

: a. Performance test (stack test):. 

# A stack test shall be conducted according
to EPA reference methods as specified

in 40 CFR 51, Appendix

M (as amended through December 21, 2010); 40 CFR 60, Appendix

A (as amended through September

9, 2010); 40 CFR 61, Appendix

B (as amended through October 17, 2000); and 40 CFR 63, Appendix

A (as amended through August 20, 2010). The owner of the equipment
or the owner's authorized agent may use an alternative methodology

if approved
by the department

in writing before testing. Each test shall consist of at least three separate test runs. Unless otherwise specified by the department, compliance shall be assessed on the basis of the arithmetic mean of the emissions measured

in the three test runs

. b. Continuous monitoring systems

. 

# Minimum performance specifications and quality assurance procedures for performance evaluations

of continuous monitoring systems are as specified

in 40 CFR 60, Appendix

B (as amended through September

9 , 201 0); 40 CFR 60, Appendix

F (as amended through September

9, 201 0); 40 CFR 75, Appendix

A (as amended through March 28, 2011); 40 CFR 75, Appendix

B (as amended through March 28, 2011
); and 40 CFR 75, Appendix

F (as amended through March 28, 2011
). The owner of the equipment
or the owner's authorized agent may use an alternative methodology
for continuous monitoring systems

if approved
by the department

in writing prior to conducting the minimum performance specification and quality assurance procedures.
c. Permit and compliance demonstration requirements. 

# After July 7, 2013, all sampling and associated analytical methods used to evaluate compliance with emission limitations
of §§10.8, 10.9 or 10.12 or required

in a permit issued by the department pursuant
to §§1 0.4

, 10.5 or 567 lAC Chapter 33 shall be conducted using the methodology referenced

in this rule.
If stack sampling was required for a compliance demonstration pursuant
to §§1 0

. 8, 10.9 or 10

. 12 or for a performance test required

in a permit issued by the department pursuant
to §§1 0.4, 10.5 or 567 lAC Chapter 33 before July 7, 2013 and the demonstration

or test was not required
to be completed before July 7, 2013then the methodology referenced

in this subrule applies retroactively

. [2013] 

# 34

# 35. Adopt

1 0.17(1 0-12) as indicated 10. Exemptions from Continuous Monitoring Requirements. The owner or operator of any source
is exempt

if it can be demonstrated that any of the conditions set forth in this section are met, with the provision that periodic re-certification

of the existence
of these conditions can be requested. a. An affected source

is subject to a new source performance standard promulgated in 40 CFR Part 60 as amended through September 28, 2007, as adopted

in 567 lAC Chapter 25. b. An affected steam generator had an annual capacity factor for calendar year 1974, as reported
to the Federal Power Commission,

of less than 30 percent, or the projected use of the unit indicates the annual capacity factor will not be increased above 30 percent

in the future. c. The Air Pollution Control Officer may provide

a temporary exemption from the monitoring and reporting requirements during any period of monitoring system malfunction, provided that the source owner or operator shows, to the satisfaction

of the Air Pollution Control officer, that the malfunction was unavoidable and is being repaired as expeditiously as practical. 11. Extensions. The owner or operator of any source may request an extension
of time provided for installation
of the required monitor by demonstrating

to the Air Pollution Control Officer that good faith efforts have been made to obtain and install the monitor

in the prescribed time. 12. Continuous monitoring
of sulfur dioxide from emission points involved

in an alternative emission control program. The owner or operator
of any facility applying for an alternative emission control program under 567 IAC22.7(1) that involves the trade-off
of sulfur dioxide emissions shall install, calibrate, maintain and operate continuous sulfur dioxide monitoring equipment consistent with EPA reference methods (40 CFR 60, Appendix

B, as amended through September 28, 2007). The equipment shall be operational within three months of EPA approval
of an alternative emission control program. [2013] 

# 36. Adopt 10.20 as indicated 10.20 Public Records and Fair Information Practices Information received by the Board of Health or the Department shall be made available
to the public or be granted confidential treatment

in accordance with the provisions
of Iowa Code Chapters 22 and 4558. Anyone making

a request for reproduction

of the Department's records will pay for services at rates established
by resolution
of the Linn County Board of Health. [2008] 35