reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 24 - Operating Permits › Rule 567-24.128 - Acid Rain Applications-requirement to Apply

Current through Register Vol. 47, No. 3, July 24, 2024
The requirement to apply for an acid rain permit as set forth
				  in 40 CFR §
										72.30 is adopted by reference.
(1)
Duty to reapply.
The
				duty to reapply, as set forth in
				40 CFR §
										72.30(c), is adopted by
				reference.
(2)
Submission
				of copies.
The designated representative shall submit the application
				in the electronic format specified by the department, if electronic submittal
				is provided.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 24 - Operating Permits › Rule 567-24.129 - 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 and include 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 567-24.131(455B);
(4) The standard requirements under
				567-24.125(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 24 - Operating Permits › Rule 567-24.130 - Acid Rain Permit Application Shield and Binding Effect of Permit Application

Current through Register Vol. 47, No. 3, July 24, 2024
The provisions for an acid rain permit application shield and
				  the binding effect of a permit application as set forth in
				  40 CFR §
										72.32 are adopted by
				  reference.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 24 - Operating Permits › Rule 567-24.131 - Acid Rain Compliance Plan and Compliance Options-general

Current through Register Vol. 47, No. 3, July 24, 2024
The general provisions for an acid rain compliance plan and
				  compliance options as set forth in
				  40 CFR §
										72.40 are adopted by
				  reference.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 24 - Operating Permits › Rule 567-24.133 - Acid Rain Permit Contents-general

Current through Register Vol. 47, No. 3, July 24, 2024
The general provisions for acid rain permit contents as set
				  forth in 40 CFR §
										72.50 are adopted by
				  reference.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 24 - Operating Permits › Rule 567-24.134 - Acid Rain Permit Shield

Current through Register Vol. 47, No. 3, July 24, 2024
The general provisions for an acid rain permit shield as set
				  forth in 40 CFR §
										72.51 are adopted by
				  reference.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 24 - Operating Permits › Rule 567-24.135 - Acid Rain Permit Issuance Procedures-general

Current through Register Vol. 47, No. 3, July 24, 2024
The department will issue or deny all acid rain permits in
				  accordance with 567-24.100(455B) through 567-24.116(455B), including the
				  completeness determination, draft permit, administrative record, statement of
				  basis, public notice and comment period, public hearing, proposed permit,
				  permit issuance, permit revision, and appeal procedures as amended by
				  567-24.135(455B) through 567-24.145(455B).
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 24 - Operating Permits › Rule 567-24.136 - Acid Rain Permit Issuance Procedures-completeness

Current through Register Vol. 47, No. 3, July 24, 2024
The department will submit a written notice of application
				  completeness to the Administrator within ten working days following a
				  determination by the department that the acid rain permit application is
				  complete.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 24 - Operating Permits › Rule 567-24.137 - Acid Rain Permit Issuance Procedures-statement of Basis

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				statement of basis will briefly set forth significant factual, legal, and
				policy considerations on which the department relied in issuing or denying the
				draft acid rain permit.
(2) The
				statement of basis will include the reasons, and supporting authority, for
				approval or disapproval of any compliance options requested in the permit
				application, including references to applicable statutory or regulatory
				provisions and to the administrative record.
(3) The department will submit to the
				Administrator a copy of the draft acid rain permit and the statement of basis
				and all other relevant portions of the Title V operating permit that may affect
				the draft acid rain permit.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 24 - Operating Permits › Rule 567-24.138 - Issuance of Acid Rain Permits

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Proposed
				permit. After the close of the public comment and EPA 45-day review period
				(pursuant to 24.107(6) and 24.107(7)), the department will address any
				objections by the Administrator, incorporate all necessary changes and issue or
				deny the acid rain permit.
(2) The
				department will submit the proposed acid rain permit or denial of a proposed
				acid rain permit to the Administrator in accordance with 567-24.100(455B)
				through 567-24.116(455B), the provisions of which shall be treated as applying
				to the issuance or denial of a proposed acid rain permit.
(3) Following the Administrator's review of
				the proposed acid rain permit or denial of a proposed acid rain permit, the
				department, or under 40 CFR
				§
										70.8(c), the
				Administrator, will incorporate any required changes and issue or deny the acid
				rain permit in accordance with 567-24.133(455B) and 567-24.134(455B).
(4) No acid rain permit including a draft or
				proposed permit shall be issued unless the Administrator has received a
				certificate of representation for the designated representative of the source
				in accordance with Subpart B of 40 CFR Part 72.
(5) Permit issuance deadline and effective
				date.
a. and b. Reserved.
c. Each acid rain permit issued in accordance
				with 24.138(5)
"a"
shall take effect by the later of January 1,
				2000, or, where the permit governs a unit under 24.122(1)
"c,"
the deadline for monitor certification under
				567-25.2 (455B).
d. Each acid rain permit shall have a term of
				five years commencing on its effective date.
e. An acid rain permit shall be binding on
				any new owner or operator or designated representative of any source or unit
				governed by the permit.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 24 - Operating Permits › Rule 567-24.139 - Acid Rain Permit Appeal Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Appeals of the
				acid rain portion of a Title V operating permit issued by the department that
				do not challenge or involve decisions or actions of the Administrator under 40
				CFR Parts 72, 73, 75, 76, 77, and 78 and Sections 407 and 410 of the Act and
				regulations implementing Sections 407 and 410 shall be conducted according to
				the procedures in Iowa Code chapter 17A and 561-Chapter 7, as adopted by
				reference in 567-Chapter 7. Appeals of the acid rain portion of such a permit
				that challenge or involve such decisions or actions of the Administrator shall
				follow the procedures under 40 CFR Part 78, as amended through March 20, 2017,
				and Section 307 of the Act. Such decisions or actions include, but are not
				limited to, allowance allocations, determinations concerning alternative
				monitoring systems, and determinations of whether a technology is a qualifying
				repowering technology.
(2) No
				administrative appeal or judicial appeal of the acid rain portion of a Title V
				operating permit shall be allowed more than 30 days following respective
				issuance of the acid rain portion of the permit that is subject to
				administrative appeal or issuance of the final agency action subject to
				judicial appeal.
(3) The
				Administrator may intervene as a matter of right in any state administrative
				appeal of an acid rain permit or denial of an acid rain permit.
(4) No administrative appeal concerning an
				acid rain requirement shall result in a stay of the following requirements:
a. The allowance allocations for any year
				during which the appeal proceeding is pending or is being conducted;
b. Any standard requirement under
				567-24.125(455B);
c. The emissions
				monitoring and reporting requirements applicable to the affected units at an
				affected source under
				567-25.2 (455B);
d. Uncontested provisions of the decision on
				appeal; and
e. The terms of a
				certificate of representation submitted by a designated representative under
				Subpart B of 40 CFR Part 72.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 24 - Operating Permits › Rule 567-24.140 - Permit Revisions-general

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				567-24.140(455B) through 567-24.145(455B) shall govern revisions to any acid
				rain permit issued by the department.
(2) A permit revision may be submitted for
				approval at any time. No permit revision shall affect the term of the acid rain
				permit to be revised. No permit revision shall excuse any violation of an acid
				rain program requirement that occurred prior to the effective date of the
				revision.
(3) The terms of the acid
				rain permit shall apply while the permit revision is pending.
(4) Any determination or interpretation by
				the state (including the department ora state court) modifying or voiding any
				acid rain permit provision shall be subject to review by the Administrator in
				accordance with 40 CFR
				§
										70.8(c), as applied
				to permit modifications, unless the determination or interpretation is an
				administrative amendment approved in accordance with
				567-24.143(455B).
(5) The standard
				requirements of 567-24.125(455B) shall not be modified or voided by a permit
				revision.
(6) Any permit revision
				involving incorporation of a compliance option that was not submitted for
				approval and comment during the permit issuance process, or involving a change
				in a compliance option that was previously submitted, shall meet the
				requirements for applying for such compliance option under 567-24.131(455B) and
				Section 407 of the Act and regulations implementing Section 407 of the
				Act.
(7) For permit revisions not
				described in 567-24.141(455B) and 567-24.142(455B), the department may, in its
				discretion, determine which of these rules is applicable.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 24 - Operating Permits › Rule 567-24.141 - Permit Modifications

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Permit
				modifications shall follow the permit issuance requirements of 567-24.135(455B)
				through 567-24.139(455B) and 24.113(2) and 24.113(3).
(2) For purposes of applying 24.141(1), a
				permit modification shall be treated as an acid rain permit application, to the
				extent consistent with 567-24.140(455B) through 567-24.145(455B).
(3) The following permit revisions are permit
				modifications:
a. Relaxation of an excess
				emission offset requirement after approval of the offset plan by the
				Administrator;
b. Incorporation of
				a final nitrogen oxides alternative emissions limitation following a
				demonstration period; and
c.
				Reserved.
d. At the option of the
				designated representative submitting the permit revision, the permit revisions
				listed in 24.142(2).
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 24 - Operating Permits › Rule 567-24.143 - Administrative Permit Amendment

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Administrative
				amendments shall follow the procedures set forth in 567-24.111(455B). The
				department will submit the revised portion of the permit to the Administrator
				within ten working days after the date of final action on the request for an
				administrative amendment.
(2) The
				following permit revisions are administrative amendments:
a. Activation of a compliance option
				conditionally approved by the department, provided that all requirements for
				activation under 24.131(3) are met;
b. Changes in the designated representative
				or alternative designated representative, provided that a new certificate of
				representation is submitted to the Administrator in accordance with Subpart B
				of 40 CFR Part 72 ;
c. Correction
				of typographical errors;
d. Changes
				in names, addresses, or telephone numbers;
e. Changes in the owners or operators,
				provided that a new certificate of representation is submitted within 30 days
				to the Administrator and the department in accordance with Subpart B of 40 CFR
				Part 72 ;
f. Termination of a
				compliance option in the permit, provided that all requirements for termination
				under 24.131(4) shall be met and this procedure shall not be used to terminate
				a repowering plan after December 31, 1999;
g. Changes in the date, specified in a new
				unit's acid rain permit, of commencement of operation or the deadline for
				monitor certification; provided that they are in accordance with
				567-24.125(455B);
h. The addition
				of or change in a nitrogen oxides alternative emissions limitation
				demonstration period, provided that the requirements of regulations
				implementing Section 407 of the Act are met; and
i. Incorporation of changes that the
				Administrator has determined to be similar to those in
				24.143(2)
"a"
through 24.143(2)
"h."
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 24 - Operating Permits › Rule 567-24.146 - Compliance Certification-annual Report

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Applicability
				and deadline. For each calendar year in which a unit is subject to the acid
				rain emissions limitations, the designated representative of the source at
				which the unit is located shall submit to the Administrator and the department,
				within 60 days after the end of the calendar year, an annual compliance
				certification report for the unit in compliance with
				40 CFR §
										72.90.
(2) The submission of complete compliance
				certifications in accordance with 24.146(1) and 567-25.2(455B) shall be deemed
				to satisfy the requirement to submit compliance certifications under
				24.108(15)
"e"
with regard to the acid rain portion of the
				source's Title V operating permit.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 24 - Operating Permits › Rule 567-24.148 - Sulfur Dioxide Opt-ins

Current through Register Vol. 47, No. 3, July 24, 2024
The provisions for sulfur dioxide opt-ins as set forth in 40
				  CFR Part 74 as amended through April 28, 2006, are adopted by
				  reference.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 24 - Operating Permits › Rule 567-24.300 - Operating Permit by Rule for Small Sources

Current through Register Vol. 47, No. 3, July 24, 2024
Except as provided in 24.300(11), any source that otherwise
				  would be required to obtain a Title V operating permit may instead register for
				  an operation permit by rule for small sources. Sources that comply with the
				  requirements contained in this rule will be deemed to have an operating permit
				  by rule for small sources. Sources that comply with this rule will be
				  considered to have federally enforceable limits so that their potential
				  emissions are less than the major source thresholds for regulated air
				  pollutants and hazardous air pollutants as defined in 567-24.100(455B).
(1)
Definitions for operating permit
				by rule for small sources.
For the purposes of 567-24.300(455B), the
				definitions shall be the same as the definitions found in
				567-24.100(455B).
(2)
Registration for operating permit by rule for small sources.
a. Except as provided in 24.300(3) and
				24.300(11), any person who owns or operates a stationary source and meets the
				following criteria may register for an operating permit by rule for small
				sources:
(1) The potential to emit air
				contaminants is equal to or in excess of the threshold for a major stationary
				source of regulated air pollutants or hazardous air pollutants, and
(2) For every 12-month rolling period, the
				actual emissions of the stationary source are less than or equal to the
				emission limitations specified in 24.300(6).
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 27 - Certificate of Acceptance › Rule 567-27.1 - General

Current through Register Vol. 47, No. 3, July 24, 2024
Political subdivisions shall meet the conditions specified in
				  this chapter if the political subdivisions pursue acceptance of the local air
				  pollution control program and obtain a certificate of acceptance from the
				  director, as provided in Iowa Code section
				  455B.145.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 27 - Certificate of Acceptance › Rule 567-27.2 - Certificate of Acceptance

Current through Register Vol. 47, No. 3, July 24, 2024
The governing body of a political subdivision may make
				  application for a certificate of acceptance.
(1)
Forms.
Each application
				for a certificate of acceptance shall be submitted to the director on forms
				available from the department.
(2)
Processing of applications.
The director shall make an
				investigation of the program or portion of a program covered by an application
				for a certificate of acceptance to evaluate conformance with applicable
				provisions of Iowa Code section
				455B.145.
a.
Granting of certificate.
A certificate of acceptance may be granted by the director if the program is
				consistent with Iowa Code chapter 455B, division II, and the rules established
				in this chapter.
b.
Review
				of program.
The director shall provide for a review of the program
				activities at intervals as the director prescribes for evaluation of the
				continuation of the certificate. Following the review, the director may
				continue the certificate in effect or suspend the certificate, in conformance
				with Iowa Code sections
				455B.134(12) 
				and 455B.145.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 27 - Certificate of Acceptance › Rule 567-27.3 - Ordinance or Regulations

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Legal
				aspects.
Each local control program considered for a certificate of
				acceptance must be conducted under an appropriate ordinance or set of
				regulations, as specified in Iowa Code section
				455B.145 and this
				rule.
(2)
Legal
				authority.
The ordinance or regulations shall provide authority to the
				local control agency as follows:
a.
Scope of control.
Authority and responsibility for air
				pollution control within the entire area included in the jurisdiction
				involved.
b.
Degree of
				control.
Authority to prevent, abate and control air pollution from
				all sources within its area of jurisdiction, in accordance with requirements
				consistent with the provisions specified in these rules.
c.
Enforcement.
Legal
				authority to enforce its requirements and standards.
d.
Inspection and tests.
Legal authority to make inspections, perform emission tests and obtain data,
				reports or other information relating to sources of air pollution that may be
				necessary to prepare air contaminant emission inventories, and to evaluate
				control measures needed to meet specified goals.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 27 - Certificate of Acceptance › Rule 567-27.4 - Administrative Organization

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Administrative facilities.
Each local control program
				considered for a certificate of acceptance must have the administrative
				facilities necessary for effective operation of such program including but not
				limited to those listed below.
a.
Agency.
Designation of a legally constituted body within the
				organizational structure of the applicable political subdivision or combination
				of political subdivisions, as the administrative authority for the local
				control program.
b.
Procedures.
Adoption of definite administrative procedures for
				developing, promulgating and enforcing requirements and standards for air
				pollution control within the jurisdiction of the local control
				agency.
c.
Staff.
Employment of a technical and clerical staff deemed adequate to conduct the air
				pollution control activities in the local control program.
(1) Key technical staff personnel shall have
				received training or experience in air quality management program
				procedures.
(2) At least one member
				of the technical staff shall be assigned full-time duty in the operation of the
				local control program.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 27 - Certificate of Acceptance › Rule 567-27.5 - Program Activities

Current through Register Vol. 47, No. 3, July 24, 2024
Each local control program considered for a certificate of
				  acceptance must conduct air pollution control activities adequate to provide
				  adequate control of air pollution within the jurisdiction of the local control
				  program, including but not limited to those listed below. In conducting these
				  program activities, the local control agency shall make every effort to meet
				  the specified ambient air quality objectives applicable to the state of
				  Iowa.
(1)
Evaluation of
				problems.
Conduct activities to determine the actual and potential air
				pollution problems within the jurisdiction of the local control agency, and
				compare the present air quality in that jurisdiction with the air quality
				standards and objectives promulgated for this state. The air quality within the
				jurisdiction shall be determined by an air monitoring program, using sampling
				techniques and laboratory determinations compatible with those used in the air
				pollution control program of this state. The air monitoring program of the
				local control agency shall give attention to the air contaminants considered to
				be indices of pollution in this state.
(2)
Control activities.
Conduct activities to abate or control emissions of air contaminants from
				existing equipment or from new or altered equipment located within the
				jurisdiction of the local control agency.
a.
				A program of plant inspections shall be conducted with respect to control of
				emissions from existing equipment. These activities should include the
				collection of data related to the types of emissions and the rate of discharge
				of emissions from each source involved, along with stack sampling when deemed
				appropriate.
b. Procedures for plan
				review and the issuing of permits relating to the installation or alteration
				such that the emission of air contaminants is significantly altered shall be
				conducted with respect to control of emissions from new or altered sources.
				These procedures may include provisions for permits relating to the use of the
				equipment involved.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 30 - Fees › Rule 567-30.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter sets forth requirements to pay fees for
				  specified activities. The department shall not initiate review and processing
				  of an application submittal from a minor source until all required fees have
				  been paid to the department. Fees are nonrefundable, except as provided in
				  30.1(4).
(1)
Definition.
For purposes of this chapter, the following
				definition shall apply:
"Application submittal"
means one or more
				  applications required under
				  567-22.1 (455B) and submitted at
				  the same time or required to be submitted under
				  567-22.4 (455B),
				  567-22.5 (455B), 567-Chapter 31
				  or 567-Chapter 33.
(2)
Duty to correct errors.
If an owner, an operator, or the
				department finds an error in a fee assessed or collected under this chapter,
				the owner or operator shall submit to the department revised forms making the
				necessary corrections to the fee and shall submit the correct fee. Corrected
				forms shall be submitted as soon as possible after the error is discovered or
				upon notification by the department. If the error correction results in a
				determination by the department that a fee was overpaid or that a duplicate fee
				was submitted, the department will return the overpaid balance of the fee to
				the applicant.
(3)
Exemption to fee requirements for administrative amendments.
A
				fee shall not be required for any of the following:
a. Corrections of typographical
				errors;
b. Corrections of word
				processing errors;
c. Changes in
				the name, address, or telephone number of any person identified in a permit, or
				similar minor administrative changes at the source; and
d. Changes in ownership or operational
				control of a source where the department determines that no other change in the
				permit is necessary, provided that a written agreement that contains a specific
				date for transfer of permit responsibility and coverage, and liability between
				the current permittee and the new permittee has been submitted to the
				department.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 30 - Fees › Rule 567-30.2 - Fees Associated With New Source Review Applications

Current through Register Vol. 47, No. 3, July 24, 2024
Each owner or operator required to provide an application
				  submittal, including air quality modeling as applicable; registration; permit
				  by rule; and template under 567-subrule 22.1(1),
				  567-22.4 (455B),
				  567-22.5 (455B),
				  567-22.8 (455B),
				  567-22.10 (455B), 567-Chapter 31
				  or 567-Chapter 33, shall pay fees as specified in the fee schedule approved by
				  the commission and posted on the department's website. Fees shall be submitted
				  with forms supplied by the department.
(1)
Payment of regulatory
				applicability determination fee.
Each owner or operator requesting a
				regulatory applicability determination, as specified in 567-paragraph
				22.1(3)
"a,"
shall pay fees as specified in the fee schedule
				approved by the commission and posted on the department's website. Fees shall
				be submitted with forms provided by the department.
(2) Reserved.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 30 - Fees › Rule 567-30.3 - Fees Associated With Asbestos Demolition or Renovation Notification

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Payment of fees established.
The owner or operator of a site
				subject to the national emission standard for hazardous air pollutants (NESHAP)
				for asbestos notifications, adopted by reference in 567-paragraph
				23.1(3)
"a,"
shall submit a fee with each required original or
				each annual notification for each demolition or renovation, including
				abatement. Fees shall be paid as specified in the fee schedule approved by the
				commission and posted on the department's website. Fees shall be submitted with
				the notification forms provided by the department.
(2)
Fee not required.
A fee
				shall not be required for the following:
a.
				Notifications when the total amount of asbestos to be removed or disturbed is
				less than 260 linear feet, less than 160 square feet, and less than 35 cubic
				feet of facility components and is below the reporting thresholds as defined in
				40 CFR
				61.145 as amended on January 16,
				1991;
b. Notifications of training
				fires as required in 567-paragraph 23.2(3)
"g"
;
c. Controlled burning of demolished buildings
				as required in 567-paragraph 23.2(3)
"j"
;
d. Revised, canceled, and courtesy
				notifications. A revision to a previously submitted courtesy notification due
				to applicability of the notification requirements in 567-paragraph
				23.1(3)
"a"
is considered an original notification and is
				subject to the fee requirements of 30.3(1).
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 30 - Fees › Rule 567-30.4 - Fees Associated With Title v Operating Permits

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Payment
				of Title V application fee.
Each owner or operator required to apply
				for a Title V permit, or a renewal of a Title V permit, shall pay fees as
				specified in the fee schedule approved by the commission and posted on the
				department's website. Fees shall be submitted with forms supplied by the
				department.
(2)
Payment of
				Title V annual emissions fee.
a.
Fee required.
Any person required to obtain a Title V permit
				shall pay an annual fee based on the first 4,000 tons of each regulated air
				pollutant and shall be paid on or before July 1 of each year. The Title V
				emissions fee shall be based on actual emissions required to be included in the
				Title V operating permit application and the annual emissions statement for the
				previous calendar year. The commission shall not set the fee higher than $70
				per ton without adopting the change pursuant to formal rulemaking.
b.
Fee and documentation due
				dates.
The fee shall be submitted annually by July 1 with forms
				specified by the department.
c.
Operation in Iowa.
The fee for a portable emissions unit or
				stationary source that operates both in Iowa and out of state shall be
				calculated only for emissions from the source while it is operating in
				Iowa.
d.
Title V exempted
				stationary sources.
No fee shall be required for emissions until the
				year in which sources exempted under 567-subrules 24.102(1) and 24.102(2) are
				required to apply for a Title V permit. Fees shall be paid for the emission
				year preceding the year in which the application is due and
				thereafter.
e.
Insignificant activities.
No fee shall be required for
				insignificant activities as defined in 567-24.103(455B).
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 30 - Fees › Rule 567-30.5 - Fee Stakeholder Meetings

Current through Register Vol. 47, No. 3, July 24, 2024
Prior to each March commission meeting, the director shall
				  convene fee stakeholder meetings as specified in Iowa Code sections 455B.133B
				  and 455B.133C for the purposes of
				  reviewing a draft budget and providing recommendations to the department
				  regarding establishing or adjusting fees. Any stakeholder may attend the fee
				  stakeholder meetings. The meetings will be open to the public. The date of each
				  meeting shall be posted on the department's website 14 days prior to the
				  meeting.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 30 - Fees › Rule 567-30.6 - Process to Establish or Adjust Fees and Notification of Fee Rates

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Setting the fees.
The department shall submit the proposed
				budget and fees for major and minor source construction permit programs, the
				Title V operating permit program, and the asbestos NESHAP program for the
				following fiscal year to the commission no later than the March commission
				meeting of each year, at which time the proposal will be available for public
				comment until such time as the commission acts on the proposal or until the May
				commission meeting, whichever occurs first. The department's calculated
				estimate for each fee shall not produce total revenues in excess of limits
				specified in Iowa Code sections 455B.133B and
				455B.133C during any fiscal
				year. If an established fee amount must be adjusted, the commission shall set
				the fees no later than the May commission meeting of each year.
Adjusted or established fees shall become effective on July
				  1. A fee not adjusted by the commission shall remain in effect as previously
				  established until the fee is adjusted by the commission.
(2)
Fee types and dollar caps on fee
				types.
The commission may set fees for the fee types and activities
				specified in this subrule and shall not seta fee in the fee schedule higher
				than the levels specified in this subrule without adopting the change pursuant
				to formal rulemaking:
a. New source review
				applications from major sources, which may include:
(1) Review of each application for a
				construction permit: $115 per hour;
(2) Review of each application for a
				prevention of significant deterioration permit: $115 per hour;
(3) Review of each plantwide applicability
				limit request, renewal, or reopening: $115 per hour;
(4) Review of each regulatory applicability
				determination: $115 per hour; and
(5) Air quality modeling review: $90 per
				hour.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 30 - Fees › Rule 567-30.7 - Fee Revenue

Current through Register Vol. 47, No. 3, July 24, 2024
Each fee program is established to provide revenue for and
				  is limited in use to specific activities.
(1)
New source review application
				fees from major sources.
In accordance with Iowa Code section 455B.
				133C(5), new source review fee revenues may be used to fund the direct and
				indirect costs related to reviewing and acting on applications for new source
				review permits, including permit revisions submitted by major sources as
				defined under new source review programs pursuant to the federal Act, and as
				provided under 567-Chapter 22, 567-Chapter 31, and 567-Chapter 33, as follows:
a. Reviewing and acting on any application
				for a new source review permit, including the determination of all applicable
				requirements and dispersion modeling as part of the processing of a permit or
				permit revision or an applicability determination;
b. General administrative costs of
				administering new source review programs, including supporting and tracking of
				any application for a new source review permit and related data entry;
				and
c. Developing and implementing
				an expedited new source review permit application process, and additional fees
				associated with this process.
The calculated estimate of total revenues from new source
				  review application fees from major sources shall not exceed $1,500,000 during
				  any state fiscal year.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 31 - Nonattainment New Source Review › Rule 567-31.1 - Permit Requirements Relating to Nonattainment Areas

Current through Register Vol. 47, No. 3, July 24, 2024
(1) This chapter
				implements the nonattainment new source review (NNSR) program contained in Part
				D of Title I of the federal Clean Air Act and as promulgated under
				40 CFR §
										51.165 as amended through March 30, 2011, and
				40 CFR Part 51, Appendix S, as amended through July 1, 2011.
(2) The NNSR program is a preconstruction
				review and permitting program applicable to new or modified major stationary
				sources of air pollutants regulated under Part D of Title I of the federal
				Clean Air Act as amended through November 15, 1990. The NNSR program applies
				only in areas that do not meet the national ambient air quality standards
				(NAAQS).
(3) Section 107(d) of the
				federal Clean Air Act, 42 U.S.C. §7457(d), requires each state to submit
				to the Administrator of the federal Environmental Protection Agency a list of
				areas that exceed the NAAQS, that are lower than those standards, or that
				cannot be classified on the basis of current data.
(4) A list of Iowa's nonattainment area
				designations is found at 40
				CFR §
										81.316. An owner or operator
				required to apply for a construction permit under this chapter or requesting a
				plantwide applicability limit (PAL) shall submit fees as required in
				567-Chapter 30.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 31 - Nonattainment New Source Review › Rule 567-31.4 - Preconstruction Review Permit Program

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Sources shall
				comply with the requirements of Section 110(a)(2)(D)(i) of the Act for any new
				major stationary source or major modification as defined in 31.3(1). The
				definitions in 31.3(1) for "major stationary source" and "major modification"
				planning to locate in any area designated as attainment or unclassifiable for
				any national ambient air quality standard pursuant to Section 107 of the Act,
				apply when that source or modification would cause or contribute to a violation
				of any national ambient air quality standard.
(2) A major source or major modification will be considered to
				cause or contribute to a violation of a national ambient air quality standard
				when such source or modification would, at a minimum, exceed the following
				significance levels at any locality that does not or would not meet the
				applicable national standard:
Pollutant
Annual
Averaging time (hours)
24
8
3
1
SO2
1.0µg/m3
5 µg/m3
25 µg/m3
PM10
1.0µg/m3
5 µg/m3
PM2.5
0.3µg/m3
1.2 µg/m3
NO2
1.0µg/m3
CO
0.5 mg/m3
2 mg/m3
(3) A proposed
				major source or major modification subject to this rule may reduce the impact
				of its emissions upon air quality by obtaining sufficient emission reductions
				to, at a minimum, compensate for its adverse ambient impact where the major
				source or major modification would otherwise cause or contribute to a violation
				of any national ambient air quality standard. In the absence of such emission
				reductions, the proposed construction permit application shall be
				denied.
(4) The requirements of this
				rule shall not apply to a major stationary source or major modification with
				respect to a particular pollutant if the owner or operator demonstrates that,
				as to that pollutant, the source or modification is located in an area
				designated as nonattainment pursuant to Section 107 of the
				Act.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 31 - Nonattainment New Source Review › Rule 567-31.9 - Actuals Pals

Current through Register Vol. 47, No. 3, July 24, 2024
Except as provided in 31.9(1), the provisions for actuals
				  PALs as specified in 40 CFR
				  §
										51.165(f) as amended
				  through March 30, 2011, are adopted by reference.
(1) The following portions of actuals PALs in
				40 CFR §
										51.165(f) are modified to
				read as follows:
a.
										40 CFR §
											51.165(f)(2): Definitions.
				The definitions in paragraphs (f)(2)(i) through (xi) of this section shall be
				applicable to actuals PALs for purposes of paragraphs (f)(1) through (15) of
				this section. Any terms not defined in paragraphs (f)(2)(i) through (xi) shall
				have the meaning prescribed by
				567-31.3 (455B) or the meaning
				prescribed by the Act.
b.
										40 CFR §
											51.165(f)(8)(ii)(B): The
				reviewing authority shall have discretion to reopen the PAL permit for the
				following:
c.
										40 CFR §
											51.165(f)(10)(ii):
				Application deadline. A major stationary source owner or operator shall submit
				a timely application to the reviewing authority to request renewal of a PAL. In
				order to be considered timely, the application shall be submitted at least 6
				months prior to, but not earlier than 18 months prior to, the date of permit
				expiration. This deadline for application submittal is to ensure that the
				permit will not expire before the permit is renewed. If the owner or operator
				of a major stationary source submits a complete application to renew the PAL
				within this time period, then the PAL shall continue to be effective until the
				revised permit with the renewed PAL is issued.
d.
										40 CFR §
											51.165(f)(15)(i): Each PAL
				shall comply with the requirements contained in paragraphs (f)(1) through (15)
				of this section.
e.
										40 CFR §
											51.165(f)(15)(ii): Any PAL
				issued prior to January 15, 2014, may be superseded with a PAL that complies
				with the requirements of paragraphs (f)(1) through (15) of this
				section.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 31 - Nonattainment New Source Review › Rule 567-31.10 - Validity of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
If any provision of
				  567-31.3 (455B) through
				  567-31.9 (455B), or the
				  application of such provision to any person or circumstance, is held invalid,
				  the remainder of these rules, or the application of such provision to persons
				  or circumstances other than those as to which it is held invalid, shall not be
				  affected thereby.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 31 - Nonattainment New Source Review › Rule 567-31.20 - Special Requirements for Nonattainment Areas Designated Before May 18,1998 (originally adopted in 567-22.5(455B)

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definitions.
a.
"Major stationary source "
means any of the following:
(1) Any stationary source of air contaminants
				which emits, or has the potential to emit, 100 tons per year or more of any
				regulated air contaminant;
(2) Any
				physical change that would occur at a stationary source not qualifying under
				subparagraph (1) as a major stationary source, if the change would constitute a
				major stationary source by itself;
(3) For ozone nonattainment areas, sources
				with the potential to emit 100 tpy or more of volatile organic compounds or
				oxides of nitrogen in areas classified as "marginal" or "moderate," 50 tpy or
				more in areas classified as "serious," 25 tpy or more in areas classified as
				"severe" and 10 tpy or more in areas classified as "extreme"; except that the
				references in this paragraph to 100, 50,25, and 10 tpy of nitrogen oxides shall
				not apply with respect to any source for which the Administrator has made a
				finding, under Section 182(f)(1) or (2) of the Clean Air Act, that requirements
				under Section 182(f) of the Clean Air Act do not apply;
(4) For ozone transport regions established
				pursuant to Section 184 of the Clean Air Act, sources with potential to emit 50
				tpy or more of volatile organic compounds;
(5) For carbon monoxide nonattainment areas
				that both are classified as "serious" and in which there are stationary sources
				which contribute significantly to carbon monoxide levels, sources with the
				potential to emit 50 tpy or more of carbon monoxide; or
(6) For particulate matter
				(PM10), nonattainment areas classified as "serious,"
				sources with the potential to emit 70 tpy or more of
				PM10.
A major stationary source that is major for volatile organic
				  compounds shall be considered major for ozone.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 33 - Construction Permit Requirements for Major Stationary Sources- Prevention of Significant Deterioration (PSD) › Rule 567-33.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter implements the major new source review (NSR)
				  program contained in Part C of Title I of the federal Clean Air Act as amended
				  on November 15, 1990, and as promulgated under
				  40 CFR
				  51.166 and
				  52.21. This is a preconstruction
				  review and permitting program applicable to new or modified major stationary
				  sources of air pollutants regulated under Part C of the Clean Air Act as
				  amended on November 15, 1990. In areas that do not meet the national ambient
				  air quality standards (NAAQS), the nonattainment new source review (NNSR)
				  program applies. The rules for the NNSR program are set forth in 567-Chapter
				  31. In areas that meet the NAAQS, the prevention of significant deterioration
				  (PSD) program applies. Collectively, the NNSR and PSD programs are referred to
				  as the major NSR program. An owner or operator required to apply for a
				  construction permit under 567-Chapter 33 shall submit fees as specified in
				  567-Chapter 30.
Rule 567-33. 2(455B) is reserved.
Rule 567-33. 3(455B) sets forth the definitions, standards
				  and permitting requirements that are specific to the PSD program.
Rules
				  567-33.4 (455B) through
				  567-33.8 (455B) are
				  reserved.
Rule 567-33. 9(455B) includes the conditions under which a
				  source subject to PSD may obtain a plantwide applicability limitation (PAL) on
				  emissions. An owner or operator requesting a PAL under
				  567-33.9 (455B) shall submit
				  fees as required in 567-Chapter 30.
In addition to the requirements in this chapter, stationary
				  sources may also be subject to the permitting requirements in 567-Chapter 22
				  and the rules for Title V operating permits in 567-Chapter 24.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 33 - Construction Permit Requirements for Major Stationary Sources- Prevention of Significant Deterioration (PSD) › Rule 567-33.9 - Plantwide Applicability Limitations (PALs)

Current through Register Vol. 47, No. 3, July 24, 2024
This rule provides an existing major source the option of
				  establishing a PAL on emissions, provided the conditions in this rule are met.
				  The provisions for a PAL as set forth in
				  40 CFR
				  52.21(aa) are adopted by
				  reference, except that the term "Administrator" shall mean "the department of
				  natural resources."
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 33 - Construction Permit Requirements for Major Stationary Sources- Prevention of Significant Deterioration (PSD) › Rule 567-33.10 - Exceptions to Adoption by Reference

Current through Register Vol. 47, No. 3, July 24, 2024
All references to Clean Units and Pollution Control Projects
				  set forth in 40 CFR
				  51.166 and
				  52.21 are not adopted by
				  reference.