Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 22 - Controlling Air Pollution › Rule 567-22.100 - Definitions for Title v Operating Permits

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of rules
				  567-22.100 (455B) to
				  567-22.116 (455B), the following
				  terms shall have the meaning indicated in this rule:
"Act"
means the Clean Air Act,
				  42 U.S.C. Sections
				  7401, et seq.
"Actual emissions"
means the actual rate of
				  emissions of a pollutant from an emissions unit, as determined in accordance
				  with the following:
1. In general,
				actual emissions as of a particular date shall equal the average rate, in tons
				per year, at which the unit actually emitted the pollutant during a two-year
				period which immediately precedes that date and which is representative of
				normal source operations. The director may allow the use of a different time
				period upon a demonstration that it is more representative of normal source
				operations. Actual emissions shall be calculated using the unit's actual
				operating hours, production rates, and types of materials processed, stored or
				combusted during the selected time period. Actual emissions for acid rain
				affected sources are calculated using a one-year period.
2. Lacking specific information to the
				contrary, the director may presume that source-specific allowable emissions for
				the unit are equivalent to the actual emissions of the unit.
3. For any emissions unit which has not begun
				normal operations on a particular date, actual emissions shall equal the
				potential to emit of the unit on that date.
4. For purposes of calculating early
				reductions of hazardous air pollutants, actual emissions shall not include
				excess emissions resulting from a malfunction or from startups and shutdowns
				associated with a malfunction.
Actual emissions for purposes of determining fees shall be
				  the actual emissions calculated over a period of one year.
"Administrator"
means the administrator for
				  the United States Environmental Protection Agency (EPA) or designee.
"Affected facility"
means, with reference to
				  a stationary source, any apparatus which emits or may emit any regulated air
				  pollutant or contaminant.
"Affected source"
means a source that
				  includes one or more affected units subject to any emissions reduction
				  requirement or limitation under Title IV of the Act.
"Affected state"
means any state which is
				  contiguous to the permitting state and whose air quality may be affected
				  through the modification, renewal or issuance of a Title V permit; or which is
				  within 50 miles of the permitted source.
"Affected unit"
means a unit that is subject
				  to any acid rain emissions reduction requirement or acid rain emissions
				  limitation under Title IV of the Act.
"Allowable emissions"
means the emission
				  rate of a stationary source calculated using both the maximum rated capacity of
				  the source, unless the source is subject to federally enforceable limits which
				  restrict the operating rate or hours of operation, and the most stringent of
				  the following:
1. The applicable new
				source performance standards or national emissions standards for hazardous air
				pollutants, contained in 567-subrules 23.1(2) and 23.1(3);
2. The applicable existing source emission
				standard contained in 567-Chapter 23; or
3. The emissions rate specified in the air
				construction permit for the source.
"Allowance"
means an authorization by the
				  administrator under Title IV of the Act or rules promulgated thereunder to emit
				  during or after a specified calendar year up to one ton of sulfur
				  dioxide.
"Applicable requirement"
includes the
				  following:
1. Any standard or other
				requirement provided for in the applicable implementation plan approved or
				promulgated by EPA through rule making under Title I of the Act that implements
				the relevant requirements of the Act, including any revisions to that plan
				promulgated in 40 CFR
				52;
2. Any term or condition of any
				preconstruction permits issued pursuant to regulations approved or promulgated
				through rule making under Title I, including Parts C and D, of the
				Act;
3. Any standard or other
				requirement under Section 111 of the Act (subrule 23.1(2)), including Section
				111(d);
4. Any standard or other
				requirement under Section 112 of the Act, including any requirement concerning
				accident prevention under Section 112(r)(7) of the Act;
5. Any standard or other requirement of the
				acid rain program under Title IV of the Act or the regulations promulgated
				thereunder;
6. Any requirements
				established pursuant to Section 504(b) or Section 114(a)(3) of the
				Act;
7. Any standard or other
				requirement governing solid waste incineration, under Section 129 of the
				Act;
8. Any standard or other
				requirement for consumer and commercial products, under Section 183(e) of the
				Act;
9. Any standard or other
				requirement for tank vessels under Section 183(f) of the Act;
10. Any standard or other requirement of the
				program to control air pollution from outer continental shelf sources, under
				Section 328 of the Act;
11. Any
				standard or other requirement of the regulations promulgated to protect
				stratospheric ozone under Title VI of the Act, unless the administrator has
				determined that such requirements need not be contained in a Title V permit;
				and
12. Any national ambient air
				quality standard or increment or visibility requirement under Part C of Title I
				of the Act, but only as it would apply to temporary sources permitted pursuant
				to Section 504(e) of the Act.
"Area source"
means any stationary source of
				  hazardous air pollutants that is not a major source as defined in rule
				  567-22.100 (455B).
"CFR"
means the Code of Federal Regulations,
				  with standard references in this chapter by Title and Part, so that "
				  40 CFR
				  51 " means "Title 40 of the Code of Federal
				  Regulations, Part 51."
"Consumer Price Index"
means for any
				  calendar year the average of the Consumer Price Index for all urban consumers
				  published by the United States Department of Labor, as of the close of the
				  12-month period ending on August 31 of each calendar year.
"Country grain elevator"
shall have the same
				  definition as "country grain elevator" set forth in subrule 22.10(1).
"Designated representative"
means a
				  responsible natural person authorized by the owner(s) or operator(s) of an
				  affected source and of all affected units at the source, as evidenced by a
				  certificate of representation submitted in accordance with Subpart B of 40 CFR
				  Part 72 as amended through April 28, 2006, to represent and legally bind each
				  owner and operator, as a matter of federal law, in matters pertaining to the
				  acid rain program. Whenever the term "responsible official" is used in Chapter
				  22, it shall be deemed to refer to the designated representative with regard to
				  all matters under the acid rain program.
"Draft Title V permit"
means the version of
				  a Title V permit for which the department offers public participation or
				  affected state review.
"Electronic format," "electronic submittal,"
and
"electronic submittal format"
mean a software,
				  Internet-based, or other electronic means specified by the department for
				  submitting information or fees to the department related to, but not limited
				  to, applications, certifications, determination requests, emissions
				  inventories, forms, notifications, payments, permit applications and
				  registrations. References to these information submittal methods in rules
				  567-22.100 (455B) through
				  567-22.116 (455B) may, as
				  specified by the department, include electronic submittal.
"Emergency generator"
means any generator of
				  which the sole function is to provide emergency backup power during an
				  interruption of electrical power from the electric utility. An emergency
				  generator does not include:
1. Peaking
				units at electric utilities;
2.
				Generators at industrial facilities that typically operate at low rates, but
				are not confined to emergency purposes; or
3. Any standby generators that are used
				during time periods when power is available from the electric utility.
An emergency is an unforeseeable condition that is beyond the
				  control of the owner or operator.
"Emissions allowable under the permit"
means
				  a federally enforceable permit term or condition determined at issuance to be
				  required by an applicable requirement that establishes an emissions limit
				  (including a work practice standard) or a federally enforceable emissions cap
				  that the source has assumed to avoid an applicable requirement to which the
				  source would otherwise be subject.
"Emissions unit"
means any part or activity
				  of a stationary source that emits or has the potential to emit any regulated
				  air pollutant or any pollutant listed under Section 112(b) of the Act. This
				  term is not meant to alter or affect the definition of the term "unit" for
				  purposes of Title IV of the Act or any related regulations.
"EPA conditional method"
means any method of
				  sampling and analyzing for air pollutants that has been validated by the
				  administrator but that has not been published as an EPA reference
				  method.
"EPA reference method"
means the following
				  methods used for performance tests and continuous monitoring systems:
1. Performance test (stack test). A stack
				test shall be conducted according to EPA reference methods specified in
				40 CFR
				51, Appendix M (as amended or corrected
				through October 7, 2020); 40
				CFR 60, Appendix A (as amended or corrected
				through February 16, 2021); 40 CFR 61, Appendix B (as amended
				or corrected through October 7, 2020); and
				40 CFR
				63, Appendix A (as amended or corrected
				through December 2, 2020).
2.
				Continuous monitoring systems. Minimum performance specifications and quality
				assurance procedures for performance evaluations of continuous monitoring
				systems are as specified in 40 CFR 60, Appendix B (as amended
				or corrected through October 7, 2020);
				40 CFR
				60, Appendix F (as amended or corrected
				through October 7, 2020); 40
				CFR 75, Appendix A (as amended or corrected
				through August 30, 2016); 40
				CFR 75, Appendix B (as amended or corrected
				through August 30, 2016); and
				40 CFR
				75, Appendix F (as amended or corrected
				through August 30, 2016).
"Equipment leaks"
means leaks from pumps,
				  compressors, pressure relief devices, sampling connection systems, open-ended
				  valves or lines, valves, connectors, agitators, accumulator vessels, and
				  instrumentation systems.
"Existing hazardous air pollutant source"
means any source as defined in
				  40 CFR
				  61 as adopted by reference in 567-subrule
				  23.1(3) and 40 CFR
				  63.72 as adopted by reference in 567-subrule
				  23.1(4) with respect to Section 112(i)(5) of the Act, the construction or
				  reconstruction of which commenced prior to proposal of an applicable Section
				  112(d) standard.
"Facility"
means, with reference to a
				  stationary source, any apparatus which emits or may emit any air pollutant or
				  contaminant.
"Federal implementation plan"
means a plan
				  promulgated by the administrator to fill all or a portion of a gap or otherwise
				  correct all or a portion of an inadequacy in a state implementation plan, and
				  which includes enforceable emission limitations or other control measures,
				  means or techniques, and provides for attainment of the relevant national
				  ambient air quality standard.
"Federally enforceable"
means all
				  limitations and conditions which are enforceable by the administrator
				  including, but not limited to, the requirements of the new source performance
				  standards and national emission standards for hazardous air pollutants
				  contained in 567-subrules 23.1(2) and 23.1(3); the requirements of such other
				  state rules or orders approved by the administrator for inclusion in the SIP;
				  and any construction, Title V or other federally approved operating permit
				  conditions.
"Final Title V permit"
means the version of
				  a Title V permit issued by the department that has completed all required
				  review procedures.
"Fugitive emissions"
are those emissions
				  which could not reasonably pass through a stack, chimney, vent or other
				  functionally equivalent opening.
"Hazardous air pollutant"
means any of the
				  following air pollutants listed in Section 112 of the Act:
cas #
chemical name
106945
1-Bromopropane
75343
1,1-Dichloroethane
57147
1,1-Dimethyl hydrazine
71556
1,1,1-Trichloroethane
79005
1,1,2-Trichloroethane
79345
1,1,2,2-Tetrachloroethane
106887
1,2-Butylene oxide
96128
1,2-Dibromo-3-chloropropane
106934
1,2-Dibromoethane
107062
1,2-Dichloroethane
78875
1,2-Dichloropropane
122667
1,2-Diphenylhydrazine
120821
1,2,4-Trichlorobenzene
106990
1,3-Butadiene
542756
1,3-Dichloropropylene
106467
1,4-Dichlorobenzene
123911
1,4-Dioxane
53963
2-Acetylaminofluorene
532274
2-Chloroacetophenone
79469
2-Nitropropane
540841
2,2,4-Trimethylpentane
1746016
2,3,7,8-Tetrachlorodibenzo-p-dioxin (TC-DD)
94757
2,4-D salts and esters
95807
2,4-Diaminotoluene
51285
2,4-Dinitrophenol
121142
2,4-Dinitrotoluene
95954
2,4,5-Trichlorophenol
88062
2,4,6-Trichlorophenol
91941
3,3'-Dichlorobenzidine
119904
3,3'-Dimethoxybenzidine
119937
3,3'-Dimethylbenzidine
92671
4-Aminobiphenyl
60117
4-Dimethylaminoazobenzene
92933
4-Nitrobiphenyl
100027
4-Nitrophenol
101144
4,4'-Methylenebis(2-chloroaniline)
101779
4,4'-methylenedianiline
534521
4,6-Dinitro-o-cresol, and salts
75070
Acetaldehyde
60355
Acetamide
75058
Acetonitrile
98862
Acetophenone
107028
Acrolein
79061
Acrylamide
79107
Acrylic acid
107131
Acrylonitrile
107051
Allyl chloride
62533
Aniline
0
Antimony Compounds
0
Arsenic Compounds (inorganic including arsine)
1332214
Asbestos (friable)
71432
Benzene
92875
Benzidine
98077
Benzoic trichloride
100447
Benzyl chloride
0
Beryllium Compounds
57578
Beta-Propiolactone
92524
Biphenyl
111444
Bis(2-chloroethyl) ether
542881
Bis(chloromethyl) ether
75252
Bromoform
74839
Bromomethane
0
Cadmium Compounds
156627
Calcium cyanamide
133062
Captan
63252
Carbaryl
75150
Carbon disulfide
56235
Carbon tetrachloride
463581
Carbonyl sulfide
120809
Catechol
133904
Chloramben
57749
Chlordane
7782505
Chlorine
79118
Chloroacetic acid
108907
Chlorobenzene
510156
Chlorobenzilate
75003
Chloroethane
67663
Chloroform
74873
Chloromethane
107302
Chloromethyl methyl ether
126998
Chloroprene
0
Chromium Compounds
0
Cobalt Compounds
0
Coke Oven Emissions
1319773
Cresol/Cresylic acid (isomers &
							 mixture)
98828
Cumene
0
Cyanide Compounds1
72559
DDE
117817
Di(2-ethylhexyl) phthalate
334883
Diazomethane
132649
Dibenzofuran
84742
Dibutyl phthalate
75092
Dichloromethane
62737
Dichlorvos
111422
Diethanolamine
64675
Diethyl sulfate
68122
Dimethyl formamide
131113
Dimethyl phthalate
77781
Dimethyl sulfate
79447
Dimethylcarbamyl chloride
106898
Epichlorohydrin
140885
Ethyl acrylate
100414
Ethylbenzene
107211
Ethylene glycol
75218
Ethylene oxide
96457
Ethylene thiourea
151564
Ethyleneimine
0
Fine Mineral
							 Fibers3
50000
Formaldehyde
0
Glycol Ethers2, except cas
							 #111-76-2, ethylene glycol mono-butyl ether, also known as EGBE or
							 2-Butoxyethanol
76448
Heptachlor
87683
Hexachloro-1,3-butadiene
118741
Hexachlorobenzene
77474
Hexachlorocyclopentadiene
67721
Hexachloroethane
822060
Hexamethylene-1,6-diisocyanate
680319
Hexamethylphosphoramide
110543
Hexane
302012
Hydrazine
7647010
Hydrochloric acid
7664393
Hydrogen fluoride
123319
Hydroquinone
78591
Isophorone
0
Lead Compounds
58899
Lindane (all isomers)
108394
m-Cresol
108383
m-Xylene
108316
Maleic anhydride
0
Manganese Compounds
0
Mercury Compounds
67561
Methanol
72435
Methoxychlor
60344
Methyl hydrazine
74884
Methyl iodide
108101
Methyl isobutyl ketone
624839
Methyl isocyanate
80626
Methyl methacrylate
1634044
Methyl tertbutyl ether
101688
Methylene bis(phenylisocyanate)
684935
N-Nitroso-N-methylurea
62759
N-Nitrosodimethylamine
59892
N-Nitrosomorpholine
91203
Naphthalene
0
Nickel Compounds
98953
Nitrobenzene
121697
N,N-Dimethylaniline
90040
o-Anisidine
95487
o-Cresol
95534
o-Toluidine
95476
o-Xylene
106445
p-Cresol
106503
p-Phenylenediamine
106423
p-Xylene
56382
Parathion
87865
Pentachlorophenol
108952
Phenol
75445
Phosgene
7803512
Phosphine
7723140
Phosphorus (yellow or white)
85449
Phthalic anhydride
1336363
Polychlorinated biphenyls
0
Polycyclic Organic
							 Matter4
1120714
Propane sultone
123386
Propionaldehyde
114261
Propoxur
75569
Propylene oxide
75558
Propyleneimine
91225
Quinoline
106514
Quinone
82688
Quintozene
0
Radionuclides (including
							 Radon)5
0
Selenium Compounds
100425
Styrene
96093
Styrene oxide
127184
Tetrachloroethylene
7550450
Titanium tetrachloride
108883
Toluene
584849
Toluene-2,4-diisocyanate
8001352
Toxaphene
79016
Trichloroethylene
121448
Triethylamine
1582098
Trifluralin
51796
Urethane
108054
Vinyl acetate
593602
Vinyl bromide
75014
Vinyl chloride
75354
Vinylidene chloride
1330207
Xylene (mixed isomers)
Note: For all listings above which contain the word
				  "compounds" and for glycol ethers, the following applies: Unless otherwise
				  specified, these listings are defined as including any unique chemical
				  substance that contains the named chemical (i.e., antimony, arsenic, etc.) as
				  part of that chemical's infrastructure.
1X'CN where X=H' or any other
				  group where a formal dissociation may occur. For example KCN or
				  Ca(CN)2
2Includes mono- and di-ethers of
				  ethylene glycol, diethylene glycol, and triethylene glycol
				  R(OCH2CH2)n-OR' where n=1,2, or 3; R=alkyl or aryl
				  groups; R'=R,H, or groups which, when removed, yield glycol ethers with the
				  structure R(OCH2CH)n-OH. Polymers are excluded from the
				  glycol category.
3Includes mineral fiber emissions
				  from facilities manufacturing or processing glass, rock, or slag fibers (or
				  other mineral derived fibers) of average diameter 1 micrometer or less.
4Includes organic compounds with
				  more than one benzene ring, and which have a boiling point greater than or
				  equal to 100 degrees C.
5A type of atom which
				  spontaneously undergoes radioactive decay.
"High-risk pollutant"
means one of the
				  following hazardous air pollutants listed in Table 1 in
				  40 CFR
				  63.74 as adopted by reference in 567-subrule
				  23.1(4).
cas #
chemical name
weighting factor
53963
2-Acetylaminofluorene
100
107028
Acrolein
100
79061
Acrylamide
10
107131
Acrylonitrile
10
0
Arsenic compounds
100
1332214
Asbestos
100
71432
Benzene
10
92875
Benzidine
1000
0
Beryllium compounds
10
542881
Bis(chloromethyl) ether
1000
106990
1,3-Butadiene
10
0
Cadmium compounds
10
57749
Chlordane
100
532274
2-Chloroacetophenone
100
0
Chromium compounds
100
107302
Chloromethyl methyl ether
10
0
Coke oven emissions
10
334883
Diazomethane
10
132649
Dibenzofuran
10
96128
1,2-Dibromo-3-chloropropane
10
111444
Dichloroethyl ether(Bis(2-chloroethyl) ether)
10
79447
Dimethylcarbamoyl chloride
100
122667
1,2-Diphenylhydrazine
10
106934
Ethylene dibromide
10
151564
Ethylenimine (Aziridine)
100
75218
Ethylene oxide
10
76448
Heptachlor
100
118741
Hexachlorobenzene
100
77474
Hexachlorocyclopentadiene
100
302012
Hydrazine
100
0
Manganese compounds
10
0
Mercury compounds
100
60344
Methyl hydrazine
10
624839
Methyl isocyanate
10
0
Nickel compounds
10
62759
N-Nitrosodimethylamine
100
684935
N-Nitroso-N-methylurea
1000
56382
Parathion
10
75445
Phosgene
10
7803512
Phosphine
10
7723140
Phosphorus
10
75558
1,2-Propylenimine
100
1746016
2,3,7,8-Tetrachlorodibenzo-p-dioxin
100,000
8001352
Toxaphene (chlorinated camphene)
100
75014
Vinyl chloride
10
"Major source"
means any stationary source
				  (or any group of stationary sources located on one or more contiguous or
				  adjacent properties and under common control of the same person or of persons
				  under common control) belonging to a single major industrial grouping that is
				  any of the following:
1. A major
				stationary source of air pollutants, as defined in Section 302 of the Act, that
				directly emits or has the potential to emit 100 tons per year (tpy) or more of
				any air pollutant subject to regulation (including any major source of fugitive
				emissions of any such pollutant). The fugitive emissions of a stationary source
				shall not be considered in determining whether it is a major stationary source
				for the purposes of Section 302(j) of the Act, unless the source belongs to one
				of the stationary source categories listed in this chapter.
2. A major source of hazardous air pollutants
				according to Section 112 of the Act as follows:
For pollutants other than radionuclides, any stationary
				  source or group of stationary sources located within a contiguous area and
				  under common control that emits or has the potential to emit, in the aggregate,
				  10 tpy or more of any hazardous air pollutant which has been listed pursuant to
				  Section 112(b) of the Act and these rules or 25 tpy or more of any combination
				  of such hazardous air pollutants. Notwithstanding the previous sentence,
				  emissions from any oil or gas exploration or production well (with its
				  associated equipment) and emission from any pipeline compressor or pump station
				  shall not be aggregated with emissions from other similar units, whether or not
				  such units are in a contiguous area or under common control, to determine
				  whether such units or stations are major sources.
For Title V purposes, all fugitive emissions of hazardous air
				  pollutants are to be considered in determining whether a stationary source is a
				  major source.
For radionuclides, "major source" shall have the meaning
				  specified by the administrator by rule.
3. A major stationary source as defined in
				Part D of Title I of the Act, including:
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 or treated as classified as "marginal" or "moderate," 50 tpy
				  or more in areas classified or treated as classified as "serious," 25 tpy or
				  more in areas classified or treated as classified as "severe" and 10 tpy or
				  more in areas classified or treated as 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 Act, that requirements under
				  Section 182(f) of the Act do not apply;
For ozone transport regions established pursuant to Section
				  184 of the Act, sources with potential to emit 50 tpy or more of volatile
				  organic compounds;
For carbon monoxide nonattainment areas (1) that are
				  classified or treated as classified as "serious" and (2) in which stationary
				  sources contribute significantly to carbon monoxide levels, and sources with
				  the potential to emit 50 tpy or more of carbon monoxide;
For particulate matter (PM10),
				  nonattainment areas classified or treated as classified as "serious," sources
				  with the potential to emit 70 tpy or more of
				  PM10.
For the purposes of defining "major source," a stationary
				  source or group of stationary sources shall be considered part of a single
				  industrial grouping if all of the pollutant emitting activities at such source
				  or group of sources on contiguous or adjacent properties belong to the same
				  major group (i.e., all have the same two-digit code) as described in the
				  Standard Industrial Classification Manual, 1987.
"Manually operated equipment"
means a
				  machine or tool that is handheld, such as a handheld circular saw or compressed
				  air chisel; a machine or tool for which the work piece is held or manipulated
				  by hand, such as a bench grinder; a machine or tool for which the tool or bit
				  is manipulated by hand, such as a lathe or drill press; and any dust collection
				  system which is part of such machine or tool; but not including any machine or
				  tool for which the extent of manual operation is to control power to the
				  machine or tool and not including any central dust collection system serving
				  more than one machine or tool.
"Maximum achievable control technology
				  (MACT)"
means the following regarding regulated hazardous air
				  pollutant sources:
1. For existing
				sources, the emissions limitation reflecting the maximum degree of reduction in
				emissions that the administrator or the department, taking into consideration
				the cost of achieving such emission reduction, and any nonair quality health
				and environmental impacts and energy requirements, determines is achievable by
				sources in the category of stationary sources, that shall not be less stringent
				than the MACT floor.
2. For new
				sources, the emission limitation which is not less stringent than the emission
				limitation achieved in practice by the best-controlled similar source, and
				which reflects the maximum degree of reduction in emissions that the
				administrator or the department, taking into consideration the cost of
				achieving such emission reduction, and any nonair quality health and
				environmental impacts and energy requirements, determines is achievable by
				sources in the Title IV affected source category.
"Maximum achievable control technology (MACT)
				  floor"
means the following:
1.
				For existing sources, the average emission limitation achieved by the best 12
				percent of the existing sources in the United States (for which the
				administrator or the department has or could reasonably obtain emission
				information), excluding those sources that have, within 18 months before the
				emission standard is proposed or within 30 months before such standard is
				promulgated, whichever is later, first achieved a level of emission rate or
				emission reduction which complies, or would comply if the source is not subject
				to such standard, with the lowest achievable emission rate applicable to the
				source category and prevailing at the time, for categories and subcategories of
				stationary sources with 30 or more sources in the category or subcategory, or
				the average emission limitation achieved by the best performing 5 sources in
				the United States (for which the administrator or the department has or could
				reasonably obtain emissions information) for a category or subcategory or
				stationary source with fewer than 30 sources in the category or
				subcategory.
2. For new sources,
				the emission limitation achieved in practice by the best-controlled similar
				source.
"New Title IV affected source or unit"
means
				  a unit that commences commercial operation on or after November 15, 1990,
				  including any such unit that serves a generator with a nameplate capacity of 25
				  MWe or less or that is a simple combustion turbine.
"Nonattainment area"
means an area so
				  designated by the administrator, acting pursuant to Section 107 of the
				  Act.
"Permit modification"
means a revision to a
				  Title V operating permit that cannot be accomplished under the provisions for
				  administrative permit amendments found at rule
				  567-22.111 (455B). A permit
				  modification for purposes of the acid rain portion of the permit shall be
				  governed by the regulations pertaining to acid rain found at rules
				  567-22.120 (455B) to
				  567-22.147 (455B). This
				  definition of "permit modification" shall be used solely for purposes of this
				  chapter governing Title V operating permits.
"Permit revision"
means any permit
				  modification or administrative permit amendment.
"Permitting authority"
means the Iowa
				  department of natural resources or the director thereof.
"Potential to emit"
means the maximum
				  capacity of a stationary source to emit any air pollutant under its physical
				  and operational design. Any physical or operational limitation on the capacity
				  of a source to emit an air pollutant, including air pollution control equipment
				  and restrictions on hours of operation or on the type or amount of material
				  combusted, stored, or processed, shall be treated as part of its design if the
				  limitation is enforceable by the administrator. This term does not alter or
				  affect the use of this term for any other purposes under the Act, or the term
				  "capacity factor" as used in Title IV of the Act or the regulations relating to
				  acid rain.
For the purpose of determining potential to emit for country
				  grain elevators, the provisions set forth in subrule 22.10(2) shall
				  apply.
For purposes of calculating potential to emit for emergency
				  generators, "maximum capacity" means one of the following:
1. 500 hours of operation annually, if the
				generator has actually been operated less than 500 hours per year for the past
				five years;
2. 8,760 hours of
				operation annually, if the generator has actually been operated more than 500
				hours in one of the past five years; or
3. The number of hours specified in a state
				or federally enforceable limit.
"Proposed Title V permit"
means the version
				  of a permit that the permitting authority proposes to issue and forwards to the
				  administrator for review in compliance with 22.107(7)
"a."
"Regulated air contaminant"
shall mean the
				  same thing as "regulated air pollutant."
"Regulated air pollutant"
means the
				  following:
1. Nitrogen oxides or any
				volatile organic compounds;
2. Any
				pollutant for which a national ambient air quality standard has been
				promulgated;
3. Any pollutant that
				is subject to any standard promulgated under Section 111 of the Act;
4. Any Class I or II substance subject to a
				standard promulgated under or established by Title VI of the Act; or
5. Any pollutant subject to a standard
				promulgated under Section 112 or other requirements established under Section
				112 of the Act, including Sections 112(g), (j), and (r) of the Act, including
				the following:
* Any pollutant subject to requirements under Section 112(j)
				  of the Act. If the administrator fails to promulgate a standard by the date
				  established pursuant to Section 112(e) of the Act, any pollutant for which a
				  subject source would be major shall be considered to be regulated on the date
				  18 months after the applicable date established pursuant to Section 112(e) of
				  the Act; and
* Any pollutant for which the requirements of Section
				  112(g)(2) of the Act have been met, but only with respect to the individual
				  source subject to the Section 112(g)(2) requirement.
6. With respect to Title V, particulate
				matter, except for PM10, is not considered a regulated air pollutant for the
				purpose of determining whether a source is considered to be a major
				source.
"Regulated air pollutant or contaminant (for fee
				  calculation),"
which is used only for purposes of 567-Chapter 30,
				  means any "regulated air pollutant or contaminant" except the following:
1. Carbon monoxide;
2. Particulate matter, excluding
				PM10;
3. Any pollutant that is a
				regulated air pollutant solely because it is a Class I or II substance subject
				to a standard promulgated under or established by Title VI of the
				Act;
4. Any pollutant that is a
				regulated pollutant solely because it is subject to a standard or regulation
				under Section 112(r) of the Act;
5.
				Greenhouse gas, as defined in rule
				567-20.2 (455B).
"Renewal"
means the process by which a
				  permit is reissued at the end of its term.
"Responsible official"
means one of the
				  following:
1. For a corporation: a
				president, secretary, treasurer, or vice-president of the corporation in charge
				of a principal business function, or any other person who performs similar
				policy or decision-making functions for the corporation, or a duly authorized
				representative of such person if the representative is responsible for the
				overall operation of one or more manufacturing, production, or operating
				facilities applying for or subject to a permit and either:
* The facilities employ more than 250 persons or have gross
				  annual sales or expenditures exceeding $25 million (in second quarter 1980
				  dollars); or
* The delegation of authority to such representative is
				  approved in advance by the permitting authority.
2. For a partnership or sole proprietorship:
				a general partner or the proprietor, respectively;
3. For a municipality, state, federal, or
				other public agency: either a principal executive officer or ranking elected
				official. For the purposes of this chapter, a principal executive officer of a
				federal agency includes the chief executive officer having responsibility for
				the overall operations of a principal geographic unit of the agency (e.g., a
				regional administrator of EPA); or
4. For Title IV affected sources:
* The designated representative insofar as actions,
				  standards, requirements, or prohibitions under Title IV of the Act or the
				  regulations promulgated thereunder are concerned; and
* The designated representative for any other purposes under
				  this chapter or the Act.
"Section 502(b)(10) changes"
are changes
				  that contravene an express permit term and which are made pursuant to rule
				  567-22.110 (455B). Such changes
				  do not include changes that would violate applicable requirements or contravene
				  federally enforceable permit terms and conditions that are monitoring
				  (including test methods), record keeping, reporting, or compliance
				  certification requirements.
"State implementation plan (SIP)"
means the
				  plan adopted by the state of Iowa and approved by the administrator which
				  provides for implementation, maintenance, and enforcement of such primary and
				  secondary ambient air quality standards as are adopted by the administrator,
				  pursuant to the Act.
"Stationary source"
means any building,
				  structure, facility, or installation that emits or may emit any regulated air
				  pollutant or any pollutant listed under Section 112(b) of the Act.
"Stationary source categories"
means any of
				  the following classes of sources:
1.
				Coal cleaning plants with thermal dryers;
2. Kraft pulp mills;
3. Portland cement plants;
4. Primary zinc smelters;
5. Iron and steel mills;
6. Primary aluminum ore reduction
				plants;
7. Primary copper
				smelters;
8. Municipal incinerators
				capable of charging more than 250 tons of refuse per day;
9. Hydrofluoric, sulfuric, or nitric acid
				plants;
10. Petroleum
				refineries;
11. Lime
				plants;
12. Phosphate rock
				processing plants;
13. Coke oven
				batteries;
14. Sulfur recovery
				plants;
15. Carbon black plants
				using the furnace process;
16.
				Primary lead smelters;
17. Fuel
				conversion plants;
18. Sintering
				plants;
19. Secondary metal
				production plants;
20. Chemical
				process plants - The term chemical processing plant shall not include ethanol
				production facilities that produce ethanol by natural fermentation included in
				NAICS code 325193 or 312140;
21.
				Fossil-fuel boilers, or combinations thereof, totaling more than 250 million
				Btu's per hour heat input;
22.
				Petroleum storage and transfer units with a total storage capacity exceeding
				300,000 barrels;
23. Taconite ore
				processing plants;
24. Glass fiber
				processing plants;
25. Charcoal
				production plants;
26. Fossil
				fuel-fired steam electric plants of more than 250 million Btu's per hour heat
				input;
27. Any other stationary
				source category, which as of August 7, 1980, is regulated under Section 111 or
				112 of the Act.
"Subject to regulation"
means, for any air
				  pollutant, that the pollutant is subject to either a provision in the Clean Air
				  Act, or a nationally applicable regulation codified by the Administrator in 40
				  CFR Subchapter C (Air Programs) that requires actual control of the quantity of
				  emissions of that pollutant, and that such a control requirement has taken
				  effect and is operative to control, limit or restrict the quantity of emissions
				  of that pollutant released from the regulated activity, except that:
1. Greenhouse gases (GHGs), the air pollutant
				defined in 40 CFR §
										86.1818-12(a) (as amended on
				May 7, 2010) as the aggregate group of six greenhouse gases that includes
				carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons,
				and sulfur hexafluoride, shall not be subject to regulation unless, as of July
				1, 2011, the GHG emissions are at a stationary source emitting or having the
				potential to emit 100,000 tpy CO2 equivalent
				emissions.
2. The term "tpy
				CO2 equivalent emissions (CO2e)"
				shall represent an amount of GHGs emitted and shall be computed by multiplying
				the mass amount of emissions (tpy) for each of the six greenhouse gases in the
				pollutant GHGs by the associated global warming potential of the gas published
				at 40 CFR Part 98 , Subpart A, Table A-1, "Global Warming Potentials," (as
				amended through December 24, 2014) and summing the resultant value for each to
				compute a tpy CO2e.
For purposes of this definition, prior to July 21, 2014, the
				  mass of the greenhouse gas carbon dioxide shall not include carbon dioxide
				  emissions resulting from the combustion or decomposition of non-fossilized and
				  biodegradable organic material originating from plants, animals, or
				  micro-organisms (including products, by-products, residues and waste from
				  agriculture, forestry and related industries as well as the non-fossilized and
				  biodegradable organic fractions of industrial and municipal wastes, including
				  gases and liquids recovered from the decomposition of non-fossilized and
				  biodegradable organic material).
"Title V permit"
means an operating permit
				  under Title V of the Act.
"12-month rolling period"
means a period of
				  12 consecutive months determined on a rolling basis with a new 12-month period
				  beginning on the first day of each calendar month.