Regional Administrator 

U.S. Environmental Protection Agency Region VII 

11201 Renner Blvd 

Lenexa, KS 66219 

Dear Regional Administrator Brooks: 

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, 

~'a;~~-~

ct ----- ';) 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.gov 

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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 

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be imminent. This advisory may be followed by a pred

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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] 

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"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] 

11EPA 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 

3 
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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] 

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• 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 

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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 

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information pertaining to equipment. [2008] 

"PM1o" means particulate matter within an aerodynamic diameter less than or equal to a 

nominal ten micrometers as measured by an EPA-approved reference method [2013] 

"PM2.s" means particulate matter as defined in this rule with an aerodynamic diameter less 

than or equal to a nominal 2.5 micrometers as measured by an EPA-approved reference 

method. [2013] 

"Potential to emit" means the maximum capacity of a stationary source to emit a pollutant 

under its physical and operational design. Any physical or operational limitation on the 

capacity of the source to emit a pollutant, including air pollution control equipment and 

restrictions on hours of operation or on the type or amount of material combusted, stored, 

or processed, shall be treated as part of its design if the limitation is enforceable by the 

Administrator. This term does not alter or affect the use of this term for any other purposes 

under the Act, or the term "capacity factor" as used in Title IV of the Act or the regulations 

relating to acid rain. 

For the purpose of determining potential to emit for country grain elevators, the 

provisions set forth in 567 lAC 22.1 0(2), shall apply. 

For purposes of calculating potential to emit for emergency generators, "maximum 

capacity" means one of the following: 

1) 500 hours of operation annually, if the generator has actually been operated less 

than 500 hours per year for the past five years. 

2) 8760 hours of operation annually, if the generator has actually been operated more 

than 500 hours in one of the past five years; or 

3) The number of hours specified in a state or federally enforceable limit. 

If the source is subject to new source construction permit review, then potential to emit is 

defined as stated above or as established in a federally enforceable permit. [2008] 

"Prevention of Significant Deterioration (PSD)" means a permit program for new and 

modified sources issued by the Director pursuant to 567 lAC Chapter 33.[2008] 

"Privileged communication" means information other than air pollutant emissions data the 

release of which would tend to affect adversely the competitive position of the owner or 

operator of the equipment. [2008] 

"Process" means any action, operator or treatment, and all methods and forms of 

manufacturing or processing that emit smoke, particulate matter, gaseous matter or other 

air contaminant. [2008] 

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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 

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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 

9 
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 
basis with a new 12

month period beginning on the first day o

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[

] 

"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] 

11 
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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 

12 
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 
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. 

14 
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 for nonproduction 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 

15 
p. Cooling and ventilating equipment: Comfort air conditioning not designed o

used 

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. 

16 
businesses p

y 

p

g

p

p

(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 
(

) 

y

y

g 

q

p

(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. 

18 
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 
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 
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 
permit o

e

q

g 

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 
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 

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 

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. 

23 
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 
atmosphere 0.2 grain per standard cubic foot o

e

g

j

p

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, 

H9 = 2.5H 

provided the owner or operator produces evidence that this equation was actually relied on 

in establishing an emission limitation; 

25 
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 
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 
limited to areas located at least one

fourth mile fro

a

y 

g 

y 

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. 

28 
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 
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] 

30 
(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 
operate continuous monitoring equipment to mo

p

y

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 any coalfired 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 

32 
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 
g 

p

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 
a. An affected source 

s su

j

p

p

g

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