reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 21 - Compliance, Excess Emissions, and Measurement of Emissions › Rule 567-21.12 - Affected Sources Subject to Section 112 (g)

Current through Register Vol. 47, No. 3, July 24, 2024
The owner or operator of an affected source subject to the
				  requirements of the federal Clean Air Act, Section 112(g), shall comply with
				  the requirements contained in permits issued by the department under
				  567-Chapters 22 and 33.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 21 - Compliance, Excess Emissions, and Measurement of Emissions › Rule 567-21.13 - Methodology and Qualified Observer

Current through Register Vol. 47, No. 3, July 24, 2024
The federal method for visual determination of opacity of
				  emissions and requirements for qualified observers as defined in 40 CFR Part
				  60, Appendix A, Method 9, as amended through November 14, 1990, is adopted by
				  reference.
To qualify as an observer, a candidate must, after meeting
				  the requirements established in 40 CFR Part 60, Appendix A, Method 9, have on
				  record with the department a minimum of 250 readings of black plumes and 250
				  readings of white plumes, taken at approved smoke reading
				  courses.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 21 - Compliance, Excess Emissions, and Measurement of Emissions › Rule 567-21.14 - Prevention of Air Pollution Emergency Episodes-general

Current through Register Vol. 47, No. 3, July 24, 2024
The provisions for the purpose specified in 40 CFR Part 51,
				  Appendix L, 1.0, are adopted by reference. For purposes of this chapter,
				  adoption by reference of any portion of 40 CFR Part 51, Appendix L, is, unless
				  otherwise noted, as amended through July 1, 1987.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 21 - Compliance, Excess Emissions, and Measurement of Emissions › Rule 567-21.15 - Episode Criteria

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Evaluation.
Conditions justifying the proclamation of an air
				pollution alert, air pollution warning, or air pollution emergency shall be
				deemed to exist whenever the commission or the director determines that the
				meteorological conditions are such that the accumulation of air contaminants in
				any place is reaching, or has reached, levels that could, if sustained or
				exceeded, lead to a substantial threat to the health of persons.
(2)
Air pollution forecast.
Initial consideration of air pollution episode activities will be activated by
				receipt from the National Weather Service of an air pollution forecast. Receipt
				of such a forecast shall be the basis for activities such as, but not limited
				to, increased monitoring of the air contaminants in the area
				involved.
(3)
Declaration.
In making determinations for the declaration of
				an air pollution episode condition, the commission or the director will be
				guided by the criteria stated in the following paragraphs:
a.
Air pollution alert.
The
				provisions for an air pollution alert as specified in 40 CFR Part 51, Appendix
				L, 1.1(b), are adopted by reference.
b.
Air pollution warning.
The provisions for an air pollution warning as specified in 40 CFR Part 51,
				Appendix L, 1.1(c), are adopted by reference.
c.
Air pollution emergency.
The provisions for air pollution emergency as specified in 40 CFR Part 51,
				Appendix L, 1.1(d), are adopted by reference.
d.
Termination.
Once
				declared, any status reached by application of these criteria will remain in
				effect until the criteria for that level are no longer met. As meteorological
				factors and air contaminants change, an appropriate change in episode level
				will be declared.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 21 - Compliance, Excess Emissions, and Measurement of Emissions › Rule 567-21.16 - Preplanned Abatement Strategies

Current through Register Vol. 47, No. 3, July 24, 2024
The provisions for planned strategies as specified in 40 CFR
				  Part 51, Appendix L, 1.3(a), are adopted by reference.
(1)
Plan preparation.
a. Any person responsible for the operation
				of a source of air contaminants as set forth in Tables I through III shall
				prepare standby plans for reducing the emission of air contaminants, which will
				be implemented upon the declaration of an air pollution episode and continued
				for the duration of the declared episode.
b. The provisions for plan preparation as
				specified in 40 CFR Part 51, Appendix L, 1.3(b), are adopted by
				reference.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 21 - Compliance, Excess Emissions, and Measurement of Emissions › Rule 567-21.17 - Actions Taken During Episodes

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Emission reduction activities.
Any person responsible for the
				operation of a source of air contaminants as set forth in Tables I through III,
				herein, that is located within the area involved shall follow the actions
				specified below during periods of an air pollution alert, air pollution
				warning, or air pollution emergency as may be declared.
a.
Air pollution alert.
The
				provisions for an air pollution alert as specified in 40 CFR Part 51, Appendix
				L, 1.2(a), are adopted by reference.
b.
Air pollution warning.
The provisions for air pollution warning as specified in 40 CFR Part 51,
				Appendix L, 1.2(b), are adopted by reference.
c.
Air pollution emergency.
The provisions for air pollution emergency as specified in 40 CFR Part 51,
				Appendix L, 1.2(c), are adopted by reference.
d.
Special conditions.
The
				provisions for special conditions as specified in 40 CFR Part 51, Appendix L,
				1.2(d), are adopted by reference.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 22 - Controlling Air Pollution › Rule 567-22.2 - Processing Permit Applications

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Incomplete applications.
The department will notify the
				applicant whether the application is complete or incomplete. If the application
				is found by the department to be incomplete upon receipt, the applicant will be
				notified within 30 days of that fact and of the specific deficiencies. Sixty
				days following such notification, the application may be denied for lack of
				information. When this schedule would cause undue hardship to an applicant, or
				the applicant has a compelling need to proceed promptly with the proposed
				installation, modification or location, a request for priority consideration
				and the justification therefor shall be submitted to the department.
(2)
Public notice and
				participation.
A notice of intent to issue a construction permit to a
				major stationary source shall be published by the department in a newspaper
				having general circulation in the area affected by the emissions of the
				proposed source. The notice and supporting documentation shall be made
				available for public inspection upon request from the department's central
				office. Publication of the notice shall be made at least 30 days prior to
				issuing a permit and shall include the department's evaluation of ambient air
				impacts. 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.
(3)
Final
				notice.
The department shall notify the applicant in writing of the
				issuance or denial of a construction permit as soon as practicable and at least
				within 120 days of receipt of the completed application. This shall not apply
				to applicants for electric generating facilities subject to Iowa Code chapter
				476A.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 22 - Controlling Air Pollution › Rule 567-22.3 - Issuing Permits

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Stationary sources other than anaerobic lagoons.
In no case
				shall a construction permit that results in an increase in emissions be issued
				to any facility that is in violation of any condition found in a permit
				involving PSD, NSPS, NESHAP or a provision of the Iowa state implementation
				plan (SIP). 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 a construction permit. A construction
				permit shall be issued when the director concludes that the preceding
				requirement has been met and:
a. That the
				required plans and specifications represent equipment that reasonably can be
				expected to comply with all applicable emission standards, and
b. 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 567-22.11 (455B), and
c. 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 567-subrule 23.1(6),
				and
d. That the applicant has met
				all other applicable requirements.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 22 - Controlling Air Pollution › Rule 567-22.4 - Major Stationary Sources Located in Areas Designated Attainment or Unclassified (PSD)

Current through Register Vol. 47, No. 3, July 24, 2024
As applicable, the owner or operator of a stationary source
				  shall comply with the rules for new source review (NSR) for the PSD program as
				  set forth in 567-Chapter 33. An owner or operator required to apply for a
				  construction permit under this rule shall submit all required fees as required
				  in 567-Chapter 30.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 22 - Controlling Air Pollution › Rule 567-22.5 - Major Stationary Sources Located in Areas Designated Nonattainment

Current through Register Vol. 47, No. 3, July 24, 2024
As applicable, the owner or operator of a stationary source
				  shall comply with the requirements for the nonattainment major NSR program as
				  set forth in 567-31.20 (455B). An owner or
				  operator required to apply for a construction permit under this rule shall
				  submit all required fees as required in 567-Chapter 30.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 22 - Controlling Air Pollution › Rule 567-22.7 - Alternative Emission Control Program (bubble concept)

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Applicability.
The owner or operator of any source located in
				an area with attainment or unclassified status (as published at
				40 CFR Section
				81.316) or located in an area with an
				approved SIP demonstrating attainment by the statutory deadline may apply for
				an alternative set of emission limits if:
a.
				The applicant is presently in compliance with EPA-approved SIP requirements,
				or
b. The applicant is subject to a
				consent order to meet an EPA-approved compliance schedule and the final
				compliance date will not be delayed by the use of alternative emission limits.
Emission limits for individual emission points included in
				  567-23.3 (455B) (except
				  23.3(2)
"d,"
23.3(2)
"b"
(3), and
				  23.3(3)
"a"
(3)) and
				  567-23.4 (455B) (except
				  23.4(12)
"b"
and 23.4(6)) may be replaced by alternative
				  emission limits. Under this rule, less stringent control limits where costs of
				  emission control are high may be allowed in exchange for more stringent control
				  limits where costs of control are less expensive.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 22 - Controlling Air Pollution › Rule 567-22.9 - Special Requirements for Visibility Protection

Current through Register Vol. 47, No. 3, July 24, 2024
(1) to (3)
				Reserved.
(4)
Notification.
For the purpose of the regional haze program
				under 40 CFR Section
				51.308, as amended through January 10, 2017,
				the department shall notify in writing the owner, operator or designated
				representative of a source of the department's determination that the source
				may cause or contribute to visibility impairment in any mandatory Class I area
				listed in 40 CFR Part 81, Subpart D, as amended through October 5,
				1989.
(5)
Analysis.
The owner, operator, or designated representative of
				a source notified pursuant to 22.9(4) shall prepare and submit an analysis to
				the department after receipt of written notification by the department that an
				analysis is required.
(6)
Control technology implementation.
Following the department's
				review of the analysis submitted pursuant to 22.9(5), an owner or operator of a
				source notified pursuant to 22.9(4) shall:
a.
				Submit all necessary permit applications to achieve the emissions requirements
				established following the completion of analysis performed in accordance with
				22.9(5).
b. Install, operate, and
				maintain the control technology as required by permits issued by the
				department.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 22 - Controlling Air Pollution › Rule 567-22.11 - Ambient Air Quality Standards

Current through Register Vol. 47, No. 3, July 24, 2024
The state of Iowa ambient air quality standards shall be the
				  National Primary and Secondary Ambient Air Quality Standards as published in 40
				  CFR Part 50 (1972) and as amended at 38 Federal Register (FR) 22384 (September
				  14, 1973), 43 FR 46258 (October 5, 1978), 44 FR 8202, 8220 (February 9, 1979),
				  52 FR 24634-24669 (July 1, 1987), 62 FR 38651-38760, 38855-38896 (July 18,
				  1997), 71 FR 61144-61233 (October 17, 2006), 73 FR 16436-16514 (March 27,
				  2008), 73 FR 66964-67062 (November 12, 2008), 75 FR 6474-6537 (February 9,
				  2010), 75 FR 35520-35603 (June 22, 2010), 78 FR 3086-3287 (January 15, 2013),
				  and 80 FR 65291-65468 (October 26, 2015). The department shall implement these
				  rules in a time frame and schedule consistent with implementation schedules in
				  federal laws and regulations.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 22 - Controlling Air Pollution › Rule 567-22.101 - Applicability of Title v Operating Permit Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Except as
				provided in rule
				567-22102.
				(455B), any person who owns or operates any of the following sources shall
				obtain a Title V operating permit and shall submit fees as required in
				567-Chapter 30:
a. Any affected source
				subject to the provisions of Title IV of the Act;
b. Any major source;
c. Any source, including any nonmajor source,
				subject to a standard, limitation, or other requirement under Section 111 of
				the Act (567-subrule 23.1(2), new source performance standards; 567-subrule
				23.1(5), emission guidelines);
d.
				Any source, including any area source, subject to a standard or other
				requirement under Section 112 of the Act (567-subrules 23.1(3) and 23.1(4),
				emission standards for hazardous air pollutants), except that a source is not
				required to obtain a Title V permit solely because it is subject to regulations
				or requirements under Section 112(r) of the Act;
e. Any solid waste incinerator unit required
				to obtain a Title V permit under Section 129(e) of the Act;
f Any source category designated by the
				Administrator pursuant to
				40
				CFR 703. as amended through December 19,
				2005.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 22 - Controlling Air Pollution › Rule 567-22.102 - Source Category Exemptions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) All sources
				listed in subrule 22.101(1) that are not major sources, affected sources
				subject to the provisions of Title IV of the Act or solid waste incineration
				units required to obtain a permit pursuant to Section 129(e) of the Act are
				exempt from the obligation to obtain a Title V permit until such time as the
				Administrator completes a rule making to determine how the program should be
				structured for nonmajor sources and the appropriateness of any permanent
				exemptions in addition to those provided for in subrule 22.102(3).
(2) In the case of nonmajor sources subject
				to a standard or other requirement under either Section 111 or Section 112 of
				the Act after July 21, 1992, publication, the Administrator will determine at
				the time the new or amended standard is promulgated whether to exempt any or
				all such applicable sources from the requirement to obtain a Title V
				permit.
(3) The following source
				categories are exempt from the obligation to obtain a Title V permit:
a. All sources and source categories that
				would be required to obtain a Title V permit solely because they are subject to
				40 CFR 60, Subpart AAA, Standards of Performance for New Residential Wood
				Heaters, as amended through March 16, 2015;
b. All sources and source categories that
				would be required to obtain a Title V permit solely because they are subject to
				40 CFR 61, Subpart M, National Emission Standard for Hazardous Air Pollutants
				for Asbestos, Section 61.145, Standard for Demolition and Renovation, as
				adopted by reference in 567-subrule 23.1(3);
c. All sources and source categories that
				would be required to obtain a Title V permit solely because they are subject to
				any of the following subparts from 40 CFR 63:
(1) Subpart M, National Perchloroethylene Air
				Emission Standards for Dry Cleaning Facilities, as adopted by reference in
				567-subrule 23.1(4).
(2) Subpart N,
				National Emission Standards for Chromium Emissions from Hard and Decorative
				Chromium Electroplating and Chromium Anodizing Tanks, as adopted by reference
				in 567-subrule 23.1(4).
(3) Subpart
				O, Ethylene Oxide Emissions Standards for Sterilization Facilities, as adopted
				by reference in 567-subrule 23.1(4).
(4) Subpart T, National Emission Standards
				for Halogenated Solvent Cleaning, as adopted by reference in 567-subrule
				23.1(4).
(5) Subpart RRR, National
				Emission Standards for Hazardous Air Pollutants for Secondary Aluminum
				Production, as adopted by reference in 567-subrule 23.1(4).
(6) Subpart VVV, National Emission Standards
				for Hazardous Air Pollutants: Publicly Owned Treatment Works, as adopted by
				reference in 567-subrule 23.1(4).
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 22 - Controlling Air Pollution › Rule 567-22.104 - Requirement to Have a Title v Permit

Current through Register Vol. 47, No. 3, July 24, 2024
No source may operate after the time that it is required to
				  submit a timely and complete application, except in compliance with a properly
				  issued Title V operating permit. However, if a source submits a timely and
				  complete application for permit issuance (including renewal), the source's
				  failure to have a permit is not a violation of this chapter until the director
				  takes final action on the permit application, except as noted in this rule. In
				  that case, all terms and conditions of the permit shall remain in effect until
				  the renewal permit has been issued or denied.
(1) This protection shall cease to apply if,
				subsequent to the completeness determination, the applicant fails to submit, by
				the deadline specified in writing by the director, any additional information
				identified as being needed to process the application.
(2) Sources making permit revisions pursuant
				to rule
				567-22110.
				(455B) shall not be in violation of this rule.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 22 - Controlling Air Pollution › Rule 567-22.106 - Annual Title v Emissions Inventory

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Emissions fee.
Fees shall be paid as set forth in 567-Chapter
				30.
(2)
Emissions inventory
				and documentation due dates.
The emissions inventory shall be
				submitted through the electronic format specified by the department.
An owner or operator shall, by March 31, submit documentation
				  of actual emissions for the previous calendar year.
The department shall calculate the total statewide Title V
				  emissions for the prior calendar year and make this information available to
				  the public no later than April 30 of each year.
(3)
Correction of errors.
If
				an owner or operator, or the department, finds an error in a Title V emissions
				inventory, the owner or operator shall submit to the department revised forms
				making the necessary corrections to the Title V emissions inventory. Corrected
				forms shall be submitted as soon as possible after the errors are discovered or
				upon notification by the department.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 22 - Controlling Air Pollution › Rule 567-22.107 - Title v Permit Processing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Action on application.
a.
Conditions for action on application.
A permit, permit
				modification, or renewal may be issued only if all of the following conditions
				have been met:
(1) The permitting authority
				has received a complete application for a permit, permit modification, or
				permit renewal, except that a complete application need not be received before
				issuance of a general permit under rule
				567-22109.
				(455B);
(2) Except for
				modifications qualifying for minor permit modification procedures under rule
				22.112(455B), the permitting authority has complied with the requirements for
				public participation under subrule 22.107(6);
(3) The permitting authority has complied
				with the requirements for notifying and responding to affected states under
				subrule 22.107(7);
(4) The
				conditions of the permit provide for compliance with all applicable
				requirements and the requirements of this chapter;
(5) The administrator has received a copy of
				the proposed permit and any notices required under subrule 22.107(7), and has
				not objected to issuance of the permit under subrule 22.107(7) within the time
				period specified therein;
(6) If
				the administrator has properly objected to the permit pursuant to the
				provisions of
				40 CFR
				708(d). as amended to July 21, 1992, or
				subrule 22.107(7), then the permitting authority may issue a permit only after
				the administrator's objection has been resolved; and
(7) No permit for a solid waste incineration
				unit combusting municipal waste subject to the provisions of Section 129(e) of
				the Act may be issued by an agency, instrumentality or person that is also
				responsible, in whole or part, for the design and construction or operation of
				the unit.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 22 - Controlling Air Pollution › Rule 567-22.108 - Permit Content

Current through Register Vol. 47, No. 3, July 24, 2024
Each Title V permit shall include the following
				  elements:
(1) Enforceable emission
				limitations and standards. Each permit issued pursuant to this chapter shall
				include emissions limitations and standards, including those operational
				requirements and limitations that ensure compliance with all applicable
				requirements at the time of permit issuance.
a. The permit shall specify and reference the
				origin of and authority for each term or condition and identify any difference
				in form as compared to the applicable requirement upon which the term or
				condition is based.
b. The permit
				shall state that, where an applicable requirement of the Act is more stringent
				than an applicable requirement of regulations promulgated under Title IV of the
				Act, both provisions shall be incorporated into the permit and shall be
				enforceable by the administrator.
c. If an applicable implementation plan
				allows a determination of an alternative emission limit at a Title V source,
				equivalent to that contained in the plan, to be made in the permit issuance,
				renewal, or significant modification process, and the state elects to use such
				process, then any permit containing such equivalency determination shall
				contain provisions to ensure that any resulting emissions limit has been
				demonstrated to be quantifiable, accountable, enforceable, and based on
				replicable procedures.
d. If an
				early reduction demonstration is approved as part of the Title V permit
				application, the permit shall include enforceable alternative emissions
				limitations for the source reflecting the reduction which qualified the source
				for the compliance extension.
e.
				Fugitive emissions from a source shall be included in the permit in the same
				manner as stack emissions, regardless of whether the source category in
				question is included in the list of sources contained in the definition of
				major source.
f. For all major
				sources, all applicable requirements for all relevant emissions units in the
				major source shall be included in the permit.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 22 - Controlling Air Pollution › Rule 567-22.110 - Changes Allowed Without a Title v Permit Revision (off-permit revisions)

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A source
				with a Title V permit may make Section 502(b)(10) changes to the permitted
				installation/facility without a Title V permit revision if:
a. The changes are not major modifications
				under any provision of any program required by Section 110 of the Act,
				modifications under Section 111 of the Act, modifications under Section 112 of
				the Act, or major modifications of this chapter;
b. The changes do not exceed the emissions
				allowable under the permit (whether expressed therein as a rate of emissions or
				in terms of total emissions);
c.
				The changes are not modifications under any provision of Title I of the Act and
				the changes do not exceed the emissions allowable under the permit (whether
				expressed therein as a rate of emissions or in terms of total
				emissions);
d. The changes are not
				subject to any requirement under Title IV of the Act (revisions affecting Title
				IV permitting are addressed in rules
				567-22140.
				(455B) through
				567-22144.
				(455B));
e. The changes comply
				with all applicable requirements; and
f. For each such change, the permitted source
				provides to the department and the administrator by certified mail, at least 30
				days in advance of the proposed change, a written notification, including the
				following, which shall be attached to the permit by the source, the department,
				and the administrator:
(1) A brief
				description of the change within the permitted facility,
(2) The date on which the change will
				occur,
(3) Any change in emission
				as a result of the change,
(4) The
				pollutants emitted subject to the emissions trade,
(5) If the emissions trading provisions of
				the state implementation plan are invoked, then the Title V permit requirements
				with which the source shall comply; a description of how the emission increases
				and decreases will comply with the terms and conditions of the Title V
				permit;
(6) A description of the
				trading of emissions increases and decreases for the purpose of complying with
				a federally enforceable emissions cap as specified in and in compliance with
				the Title V permit; and
(7) Any
				permit term or condition no longer applicable as a result of the
				change.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 22 - Controlling Air Pollution › Rule 567-22.111 - Administrative Amendments to Title v Permits

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An
				administrative permit amendment is a permit revision that does any of the
				following:
a. Corrects typographical
				errors;
b. Identifies a change in
				the name, address, or telephone number of any person identified in the permit,
				or provides a similar minor administrative change at the source;
c. Requires more frequent monitoring or
				reporting by the permittee; or
d.
				Allows for a change in ownership or operational control of a source where the
				director determines that no other change in the permit is necessary, provided
				that a written agreement containing a specific date for transfer of permit
				responsibility, coverage, and liability between the current and new permittee
				has been submitted to the director.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 22 - Controlling Air Pollution › Rule 567-22.112 - Minor Title v Permit Modifications

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Minor Title V
				permit modification procedures may be used only for those permit modifications
				that satisfy all of the following:
a. Do not
				violate any applicable requirement;
b. Do not involve significant changes to
				existing monitoring, reporting, or record-keeping requirements in the Title V
				permit;
c. Do not require or change
				a case-by-case determination of an emission limitation or other standard, or an
				increment analysis;
d. Do not seek
				to establish or change a permit term or condition for which there is no
				corresponding underlying applicable requirement and that the source has assumed
				in order to avoid an applicable requirement to which the source would otherwise
				be subject. Such terms and conditions include any federally enforceable
				emissions caps which the source would assume to avoid classification as a
				modification under any provision of Title I of the Act; and an alternative
				emissions limit approved pursuant to regulations promulgated under Section
				112(i)(5) of the Act;
e. Are not
				modifications under any provision of Title I of the Act; and
f. Are not required to be processed as a
				significant modification under rule
				567-22113.
				(455B).
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 22 - Controlling Air Pollution › Rule 567-22.113 - Significant Title v Permit Modifications

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Significant
				Title V modification procedures shall be used for applications requesting Title
				V permit modifications that do not qualify as minor Title V modifications or as
				administrative amendments. These include, but are not limited to, all
				significant changes in monitoring permit terms, every relaxation of reporting
				or record-keeping permit terms, and any change in the method of measuring
				compliance with existing requirements.
(2) Significant Title V permit modifications
				shall meet all requirements of this chapter, including those for applications,
				public participation, review by affected states, and review by the
				administrator, as those requirements that apply to Title V permit issuance and
				renewal.
(3) Unless the director
				determines otherwise, review of significant Title V permit modification
				applications shall be completed within nine months of receipt of a complete
				application.
(4) For a change that
				is subject to the requirements for a significant permit modification (see rule
				567-22113.
				(455B)), the permittee shall submit to the department an application for a
				significant permit modification not later than three months after commencing
				operation of the changed source unless the existing Title V permit would
				prohibit such construction or change in operation, in which event the operation
				of the changed source may not commence until the department revises the
				permit.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 22 - Controlling Air Pollution › Rule 567-22.114 - Title v Permit Reopenings

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Each issued
				Title V permit shall include provisions specifying the conditions under which
				the permit may be reopened and revised prior to the expiration of the permit. A
				permit shall be reopened and revised under any of the following circumstances:
a. The department receives notice that the
				administrator has granted a petition for disapproval of a permit pursuant to
				40 CFR
				708(d). as amended to July 21, 1992, provided
				that the reopening may be stayed pending judicial review of that
				determination;
b. The department or
				the administrator determines that the Title V permit contains a material
				mistake or that inaccurate statements were made in establishing the emissions
				standards or other terms or conditions of the Title V permit;
c. Additional applicable requirements under
				the Act become applicable to a Title V source, provided that the reopening on
				this ground is not required if the permit has a remaining term of less than
				three years, the effective date of the requirement is later than the date on
				which the permit is due to expire, or the additional applicable requirements
				are implemented in a general permit that is applicable to the source and the
				source receives approval for coverage under that general permit. Such a
				reopening shall be complete not later than 18 months after promulgation of the
				applicable requirement.
d.
				Additional requirements, including excess emissions requirements, become
				applicable to a Title IV affected source under the acid rain program. Upon
				approval by the administrator, excess emissions offset plans shall be deemed to
				be incorporated into the permit.
e.
				The department or the administrator determines that the permit must be revised
				or revoked to ensure compliance by the source with the applicable
				requirements.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 22 - Controlling Air Pollution › Rule 567-22.115 - Suspension, Termination, and Revocation of Title v Permits

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Permits may
				be terminated, modified, revoked, or reissued for cause. The following examples
				shall be considered cause for the suspension, modification, revocation, or
				reissuance of a Title V permit:
a. The
				director has reasonable cause to believe that the permit was obtained by fraud
				or misrepresentation.
b. The person
				applying for the permit failed to disclose a material fact required by the
				permit application form or the rules applicable to the permit, of which the
				applicant had or should have had knowledge at the time the application was
				submitted.
c. The terms and
				conditions of the permit have been or are being violated.
d. The permittee has failed to pay the Title
				V permit fees.
e. The permittee has
				failed to pay an administrative, civil or criminal penalty imposed for
				violations of the permit.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 22 - Controlling Air Pollution › Rule 567-22.116 - Title v Permit Renewals

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An application
				for Title V permit renewal shall be subject to the same procedural requirements
				that apply to initial permit issuance, including those for public participation
				and review by the administrator and affected states.
(2) Except as provided in rule
				567-22104.
				(455B), permit expiration terminates a source's right to operate unless a
				timely and complete application for renewal has been submitted in accordance
				with rule
				567-22105.
				(455B).
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 22 - Controlling Air Pollution › Rule 567-22.121 - Measurements, Abbreviations, and Acronyms

Current through Register Vol. 47, No. 3, July 24, 2024
Measurements, abbreviations, and acronyms used in rules
				  567-22120.
				  (455B) to
				  567-22147. (455B) are
				  defined as follows:
"ASTM"
means American Society for Testing
				  and Materials.
"Btu "
means British thermal unit.
"CFR "
means Code of Federal
				  Regulations.
"DOE"
means Department of Energy.
"EPA "
means Environmental Protection
				  Agency.
"mmBtu "
means million Btu.
"MWe "
means megawatt electrical.
"SO2 "
means sulfur
				  dioxide.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 22 - Controlling Air Pollution › Rule 567-22.122 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Each of the
				following units shall be an affected unit, and any source that includes such a
				unit shall be an affected source, subject to the requirements of the acid rain
				program:
a. A unit listed in Table 1 of
				40 CFR
				7310(a)..
b. An existing unit that is identified in
				Table 2 or 3 of
				40 CFR
				7310., and any other existing utility unit,
				except a unit under subrule 22.122(2).
c. A utility unit, except a unit under
				subrule 22.122(2), that:
(1) Is a new
				unit;
(2) Did not serve a generator
				with a nameplate capacity greater than 25 MWe on November 15, 1990, but serves
				such a generator after November 15, 1990;
(3) Was a simple combustion turbine on
				November 15,1990, but adds or uses auxiliary firing after November 15,
				1990;
(4) Was an exempt
				cogeneration facility under paragraph 22.122(2) "J" but during any
				three-calendar-year period after November 15, 1990, sold, to a utility power
				distribution system, an annual average of more than one-third of its potential
				electrical output capacity and more than 219,000 MWe-hrs electric output, on a
				gross basis;
(5) Was an exempt
				qualifying facility under paragraph 22.122(2)
"e"
but, at any
				time after the later of November 15, 1990, or the date the facility commences
				commercial operation, fails to meet the definition of qualifying
				facility;
(6) Was an exempt
				independent power production facility under paragraph
				22.122(2)
"f"
but, at any time after the later of November 15,
				1990, or the date the facility commences commercial operation, fails to meet
				the definition of independent power production facility; or
(7) Was an exempt solid waste incinerator
				under paragraph 22.122(2)
"g"
but during any
				three-calendar-year period after November 15, 1990, consumes 20 percent or more
				(on a Btu basis) fossil fuel.
(8)
				Is a coal-fired substitution unit that is designated in a substitution plan
				that was not approved and not active as of January 1, 1995, or is a coal-fired
				compensating unit.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 22 - Controlling Air Pollution › Rule 567-22.123 - Acid Rain Exemptions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
New
				unit exemption.
The new unit exemption, as specified in 40 CFR
				§72.7, except for 40 CFR §72.7(c)(l)(i), is adopted by reference.
				This exemption applies to new utility units.
(2)
Retired unit exemption.
The retired unit exemption, as specified in 40 CFR §72.8, is adopted by
				reference. This exemption applies to any affected unit that is permanently
				retired.
(3)
Industrial
				utility-unit exemption.
The industrial utility-unit exemption, as
				specified in 40 CFR §72.14, is adopted by reference. This exemption
				applies to any noncogeneration utility unit.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 22 - Controlling Air Pollution › Rule 567-22.125 - Standard Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Permit requirements.
a. The
				designated representative of each affected source and each affected unit at the
				source shall:
(1) Submit a complete acid rain
				permit application under this chapter in accordance with the deadlines
				specified in rule
				567-22128.
				(455B);
(2) Submit in a timely
				manner any supplemental information that the department determines is necessary
				in order to review an acid rain permit application and issue or deny an acid
				rain permit.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 22 - Controlling Air Pollution › Rule 567-22.126 - Designated Representative-submissions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The designated
				representative shall submit a certificate of representation, and any
				superseding certificate of representation, to the administrator in accordance
				with Subpart B of 40 CFR Part 72, and, concurrently, shall submit a copy to the
				department. Whenever the term "designated representative" is used in this rule,
				the term shall be construed to include the alternate designated
				representative.
(2) Each submission
				under the acid rain program shall be submitted, signed, and certified by the
				designated representative for all sources on behalf of which the submission is
				made.
(3) In each submission under
				the acid rain program, the designated representative shall certify by
				signature:
a. The following statement, which
				shall be included verbatim in such submission: "I am authorized to make this
				submission on behalf of the owners and operators of the affected source or
				affected units for which the submission is made."
b. The following statement, which shall be
				included verbatim in such submission: "I certify under penalty of law that I
				have personally examined, and am familiar with, the statements and information
				submitted in this document and all its attachments. Based on my inquiry of
				those individuals with primary responsibility for obtaining the information, I
				certify that the statements and information are to the best of my knowledge and
				belief true, accurate, and complete. I am aware that there are significant
				penalties for submitting false statements and information or omitting required
				statements and information, including the possibility of fine or
				imprisonment."
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 22 - Controlling Air Pollution › Rule 567-22.127 - Designated Representative-objections

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Except as
				provided in
				40
				CFR 7223., no objection or other
				communication submitted to the administrator or the department concerning the
				authorization, or any submission, action or inaction, of the designated
				representative shall affect any submission, action, or inaction of the
				designated representative, or the finality of any decision by the department,
				under the acid rain program. In the event of such communication, the department
				is not required to stay any submission or the effect of any action or inaction
				under the acid rain program.
(2)
				The department will not adjudicate any private legal dispute concerning the
				authorization or any submission, action, or inaction of any designated
				representative, including private legal disputes concerning the proceeds of
				allowance transfers.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 22 - Controlling Air Pollution › Rule 567-22.129 - Information Requirements for Acid Rain Permit Applications

Current through Register Vol. 47, No. 3, July 24, 2024
A complete acid rain permit application shall be submitted on
				  a form approved by the department, which includes the following
				  elements:
(1) Identification of the
				affected source for which the permit application is submitted;
(2) Identification of each affected unit at
				the source for which the permit application is submitted;
(3) A complete compliance plan for each unit,
				in accordance with rules
				567-22131.
				(455B) and
				567-22132.
				(455B);
(4) The standard
				requirements under rule
				567-22125.
				(455B); and
(5) If the unit is a
				new unit, the date that the unit has commenced or will commence operation and
				the deadline for monitor certification.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 22 - Controlling Air Pollution › Rule 567-22.130 - Acid Rain Permit Application Shield and Binding Effect of Permit Application

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Once a
				designated representative submits a timely and complete acid rain permit
				application, the owners and operators of the affected source and the affected
				units covered by the permit application shall be deemed in compliance with the
				requirement to have an acid rain permit under paragraph 22.125(1)
"b
				"
and subrule 22.128(1); provided that any delay in issuing an acid
				rain permit is not caused by the failure of the designated representative to
				submit in a complete and timely fashion supplemental information, as required
				by the department, necessary to issue a permit.
(2) Prior to the date on which an acid rain
				permit is issued as a final agency action subject to judicial review, an
				affected unit governed by and operated in accordance with the terms and
				requirements of a timely and complete acid rain permit application shall be
				deemed to be operating in compliance with the acid rain program.
(3) A complete acid rain permit application
				shall be binding on the owners and operators and the designated representative
				of the affected source and the affected units covered by the permit application
				and shall be enforceable as an acid rain permit from the date of submission of
				the permit application until the issuance or denial of such permit as a final
				agency action subject to judicial review.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 22 - Controlling Air Pollution › Rule 567-22.131 - Acid Rain Compliance Plan and Compliance Options-general

Current through Register Vol. 47, No. 3, July 24, 2024
(1) For each
				affected unit included in an acid rain permit application, a complete
				compliance plan shall include:
a. For sulfur
				dioxide emissions, a certification that, as of the allowance transfer deadline,
				the designated representative will hold allowances in the unit's compliance
				subaccount (after deductions under
				40 CFR
				7334(c).) not less than the total annual
				emissions of sulfur dioxide from the unit. The compliance plan may also
				specify, in accordance with rule
				567-22131.
				(455B), one or more of the acid rain compliance options.
b. For nitrogen oxides emissions, a
				certification that the unit will comply with the applicable limitation
				established by subrule 22.125(4) or shall specify one or more acid rain
				compliance options, in accordance with Section 407 of the Act, and 40 CFR
				Section
				769..