Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 22 - Controlling Air Pollution › Rule 567-22.1 - Definitions and Permit Requirements for New or Existing Stationary Sources

Current through Register Vol. 47, No. 3, July 24, 2024
For the purpose of these rules and the rules in 567-Chapters
				  20 through 35, the following terms shall, unless otherwise noted, have the
				  meaning indicated in this chapter. Additional definitions potentially
				  applicable to this chapter are set forth in 567-Chapters 21 and 23. The
				  definitions set out in Iowa Code sections
				  455B.101,
				  455B.131, and
				  455B.411 are incorporated
				  verbatim in these rules.
"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.
"Act"
means the Clean Air Act (42 U.S.C. Sections
				  7401, et seq.), as amended through November
				  15, 1990.
"Air quality standard"
means an allowable
				  level of air contaminant or atmospheric air concentration established by the
				  commission.
"Ambient air"
means that portion of the
				  atmosphere, external to buildings, to which the general public has
				  access.
"Anaerobic lagoon,"
for purposes of air
				  quality rules in 567-Chapters 20 through 35, means an impoundment, the primary
				  function of which is to store and stabilize organic wastes. The impoundment is
				  designed to receive wastes on a regular basis and the design waste loading
				  rates are such that the predominant biological activity in the impoundment will
				  be anaerobic. An anaerobic lagoon does not include:
1. A runoff control basin that collects and
				stores only precipitation-induced runoff from an open feedlot feeding
				operation; or
2. A waste slurry
				storage basin that receives waste discharges from confinement feeding
				operations and that is designed for complete removal of accumulated wastes from
				the basin at least semiannually; or
3. Any anaerobic treatment system that
				includes collection and treatment facilities for all off-gases.
"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 (B100) 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 Act.
"Chimney"
or
"stack"
means
				  any flue, conduit or duct permitting the discharge or passage of air
				  contaminants into the open air or constructed or arranged for this
				  purpose.
"Combustion for indirect heating"
means the
				  combustion of fuel to produce usable heat that is to be transferred through a
				  heat-conducting materials barrier or by a heat storage medium to a material to
				  be heated so that the material being heated is not contacted by, and adds no
				  substance to, the products of combustion.
"Control equipment"
means any equipment that
				  has the function to prevent the formation of or the emission to the atmosphere
				  of air contaminants from any fuel burning, incinerator or process
				  equipment.
"Country grain elevator"
means the same as
				  defined in 22.10(1).
"Diesel fuel"
means a low sulfur fuel oil
				  that complies with the specifications for grade 1-D or 2-D, as defined by the
				  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 emissions calculations for the biodiesel fuel blends specified in
				paragraph "1" to be equivalent to the air pollutant emissions calculations for
				unblended diesel fuel.
3.
				Construction permits or operating permits issued under 567-Chapter 22 that
				restrict equipment fuel use to diesel fuel shall be considered by the
				department to include the biodiesel fuel blends specified in paragraph "1,"
				unless otherwise specified or in a permit issued under this chapter.
"Electric furnace"
means a furnace in which
				  the melting and refining of metals are accomplished by means of electrical
				  energy.
"Electronic format," "electronic submittal,"
or
"electronic submittal format,"
for purposes of 567-Chapters
				  20 through 35, means a software, Internet-based, or other electronic means
				  specified by the department for submitting air quality information or fees to
				  the department related to but not limited to applications, certifications,
				  determination requests, emissions inventories, forms, notifications, payments,
				  permit applications and registrations. References to these information
				  submittal methods in 567-Chapters 20 through 35 may, as specified by the
				  department, include electronic submittal as stated in the applicable
				  rules.
"Emergency generator"
means any generator of
				  which the sole function is to provide emergency backup power during an
				  interruption of electrical power from the electric utility. An emergency is an
				  unforeseeable condition that is beyond the control of the owner or operator. An
				  emergency generator does not include:
1. Peaking units at electric
				utilities.
2. Generators at
				industrial facilities that typically operate at low rates but are not confined
				to emergency purposes.
3. Any
				standby generators that are used during time periods when power is available
				from the electric utility.
"Emission limitation"
or
"emission
				  standard"
means a requirement established by a state, local
				  government, or the administrator that limits the quantity, rate or
				  concentration of emissions of air pollutants on a continuous basis, including
				  any requirements that limit the level of opacity, prescribe equipment, set fuel
				  specifications or prescribe operation or maintenance procedures for a source to
				  ensure continuous emission reduction.
"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.
"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 methods specified in 40 CFR
				51, Appendix M (as amended or corrected through March 29, 2023); 40 CFR 60,
				Appendix A (as amended or corrected through March 29, 2023); 40 CFR 61,
				Appendix B (as amended or corrected through October 7, 2020); and 40 CFR 63,
				Appendix A (as amended or corrected through March 29, 2023).
2. 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 or corrected through June 28, 2023); 40 CFR 60, Appendix
				F (as amended or corrected through March 29, 2023); 40 CFR 75, Appendix A (as
				amended or corrected through August 30, 2016); 40 CFR 75, Appendix B (as
				amended or corrected through August 30, 2016); and 40 CFR 75, Appendix F (as
				amended or corrected through August 30, 2016).
"Equipment"
means the same as defined in
				  567-21.1 (455B).
"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.
"Existing equipment"
means the same as
				  defined in 567-21.1 (455B).
"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.
"Fugitive dust"
means any airborne solid
				  particulate matter emitted from any source other than a flue or stack.
"Grain processing"
means the equipment, or
				  the combination of different types of equipment, used in the processing of
				  grain to produce a product primarily for wholesale or retail sale for human or
				  animal consumption, including the processing of grain for production of
				  biofuels, except for "feed mill equipment" as defined in
				  567-22.10 (455B).
"Grain storage elevator"
means any plant or
				  installation at which grain is unloaded, handled, cleaned, dried, stored, or
				  loaded and that is located at any wheat flour mill, wet corn mill, dry corn
				  mill (human consumption), rice mill, or soybean oil extraction plant that has a
				  permanent grain storage capacity (grain storage capacity that is inside a
				  building, bin, or silo) of more than 35,200 m3 (ca.
				  1 million U.S. bushels).
"Greenhouse gas"
means carbon dioxide,
				  methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur
				  hexafluoride.
"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 D 2015-66.
"Incinerator"
means a combustion apparatus
				  designed for high temperature operation in which solid, semisolid, liquid or
				  gaseous combustible refuse is ignited and burned efficiently and from which the
				  solid residues contain little or no combustible material.
"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.
"New equipment"
means the same as defined in
				  567-21.1 (455B).
"Number 1 fuel oil"
and
"number 2
				  fuel oil,"
also known as "distillate oil," mean fuel oil that complies
				  with the specifications for fuel oil number 1 or fuel oil number 2, as defined
				  by the 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, 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 emissions calculations for the biodiesel fuel blends specified in
				paragraph "1" to be equivalent to the air pollutant emissions calculations for
				unblended number 1 fuel oil or unblended number 2 fuel oil.
3. Construction permits or operating permits
				issued under this chapter that 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 paragraph "1," unless otherwise specified or
				in a permit issued under this chapter.
"One-hour period"
means any 60-minute period
				  commencing on the hour.
"Particulate matter"
(except for the
				  purposes of new source performance standards as defined in 40 CFR 60) means any
				  material, except uncombined water, that exists in a finely divided form as a
				  liquid or solid at standard conditions and includes gaseous emissions that
				  condense to liquid or solid form as measured by EPA-approved reference
				  methods.
"Plan documents"
means the reports,
				  proposals, preliminary plans, survey and basis of design data, general and
				  detail construction plans, profiles, specifications and all other information
				  pertaining to equipment.
"PM10"
means
				  particulate matter with an aerodynamic diameter less than or equal to a nominal
				  10 micrometers as measured by an EPA-approved reference method.
"PM2.5"
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.
"Potential to emit"
means the maximum
				  capacity of a stationary source to emit any air pollutant under its physical
				  and operational design. Any physical or operational limitation on the capacity
				  of a source to emit an air 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 22.10(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. 8,760 hours of
				operation annually, if the generator has actually been operated more than 500
				hours in one of the past five years.
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.
"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.
"Process"
means any action, operation or
				  treatment, and all methods and forms of manufacturing or processing, that may
				  emit smoke, particulate matter, gaseous matter or other air contaminant.
"Process weight"
means the total weight of
				  all materials introduced into any source operation. Solid fuels charged will be
				  considered as part of the process weight, but liquid and gaseous fuels and
				  combustion air will not.
"Process weight rate"
means continuous or
				  long-run steady-state source operations, the total process weight for the
				  entire period of continuous operation or for a typical portion thereof, divided
				  by the number of hours of such period or portion thereof; or for a cyclical or
				  batch source operation, the total process weight for a period that covers a
				  complete operation or an integral number of cycles, divided by the number of
				  hours of actual process operation during such a period. 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 emission shall apply.
"Six-minute period"
means any one of the ten
				  equal parts of a one-hour period.
"Smoke"
means gas-borne particles resulting
				  from incomplete combustion, consisting predominantly, but not exclusively, of
				  carbon, and other combustible material, or ash, that form a visible plume in
				  the air.
"Source operation"
means the last operation
				  preceding the emission of an air contaminant and that 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.
"Standard conditions"
means a temperature of
				  68°F and a pressure of 29.92 inches of mercury absolute.
"Standard cubic foot"
or
"SCF"
means the volume of one cubic foot of gas at standard
				  conditions.
"Standard metropolitan statistical area"
or
"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. Office of Management and Budget (Department of
				  Commerce).
"Stationary source"
means any building,
				  structure, facility or installation that emits or may emit any air
				  pollutant.
"Total suspended particulate"
means
				  particulate matter as defined in this rule.
"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 includes
				  only seeds, pellets or other vegetative matter that has not been treated with
				  pesticides or fungicides.
"Urban area"
means any Iowa city of 100,000
				  or more population in the current census and all Iowa cities contiguous to such
				  city.
"Variance"
means a temporary waiver from
				  rules or standards governing the quality, nature, duration or extent of
				  emissions granted by the commission for a specified period of time.
"Volatile organic compounds"
or
"VOC"
means any compound included in the definition of
				  "volatile organic compounds" found at
				  40 CFR Section
				  51.100(s) as amended through
				  February 8, 2023.
(1)
Permit
				required.
No person shall construct, install, reconstruct or alter any
				equipment, control equipment or anaerobic lagoon unless a permit is first
				obtained pursuant to this chapter,
				567-31.3 (455B), or
				567-33.3(455B), or the equipment qualifies for an exemption under 22.1(2). An
				air quality construction permit shall be obtained prior to the initiation of
				construction, installation or alteration of any portion of the stationary
				source or anaerobic lagoon, unless the parameters in
				22.1(1)
"c"
are met.
a.
				Existing equipment is not subject to this subrule, unless it has been modified,
				reconstructed, or altered on or after September 23, 1970.
b. No person shall construct or reconstruct a
				major source of hazardous air pollutants, as defined in
				40 CFR Section
				63.2 and
				40 CFR Section
				63.41 as adopted by reference in 567-subrule
				23.1(4), unless a construction permit has been obtained from the department,
				which requires maximum achievable control technology for new sources to be
				applied. The permit shall be obtained prior to the initiation of construction
				or reconstruction of the major source.
c. Construction prior to issuance of an air
				quality construction permit issued by the department may begin if the
				eligibility requirements stated in 22.1(1)
"c"
(1) are met. The
				applicant must assume any liability for construction conducted on a source
				before the permit is issued. In no case will the applicant be allowed to hook
				up the equipment to the exhaust stack or operate the equipment in any way that
				may emit any pollutant prior to receiving a construction permit.
(1) Eligibility.
1. The applicant has submitted a construction
				permit application to the department, as specified in 22.1(3);
2. The applicant has notified the department
				of the applicant's intentions in writing five working days prior to initiating
				construction; and
3. The equipment
				or process is not subject to:
* Prevention of significant deterioration (PSD), as set forth
				  in 567-Chapter 33;
* New source performance standards (NSPS), as set forth in
				  567-subrule 23.1(2);
* National emission standards for hazardous air pollutants
				  (NESHAP), as set forth in 567-subrules 23.1(3) and 23.1(4);
* Emission guidelines, as set forth in 567-subrule
				  23.1(5);
* Nonattainment new source review, as set forth in
				  567-Chapter 31; or
* The equipment or process is a major source of hazardous air
				  pollutants, as defined in 40
				  CFR Sections 63.2 and
				  63.41, and as adopted by reference
				  in 567-subrule 23.1(4).
* The equipment and processes are subject to PSD until the
				  owner or operator of a proposed project legally obtains permitted limits that
				  limit the project below the PSD thresholds (i.e., PSD synthetic minor
				  status).
(2) The
				applicant must cease construction if the department's evaluation demonstrates
				that the construction, reconstruction or modification of the stationary source
				will interfere with the attainment or maintenance of the national ambient air
				quality standards or will result in a violation of a control strategy required
				by 40 CFR Part 51, Subpart G, as amended through February 19, 2015.
(3) The applicant will be required to make
				any modification to the stationary source that may be imposed in the issued
				construction permit.
(4) The
				applicant must notify the department in writing of the actual start date of
				construction or reconstruction. All notifications shall be submitted to the
				department in writing no later than 30 days after construction or
				reconstruction started. All notifications shall include all of the information
				listed in 22.3(3)
"b."
d. The owner or operator of a country grain
				elevator, country grain terminal elevator, grain terminal elevator or feed mill
				equipment, as "country grain elevator," "country grain terminal elevator,"
				"grain terminal elevator," and "feed mill equipment," as these terms are
				defined in 22.10(1), may elect to comply with the requirements specified in
				567-22.10 (455B) as an
				alternative to the construction permitting requirements set forth in
				22.1(1).