Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 21 - Compliance, Excess Emissions, and Measurement of Emissions › Rule 567-21.1 - Definitions and Compliance Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
For the purpose of these rules and the rules in 567-Chapters
				  20 through 35, the following terms shall, unless otherwise noted, have the
				  meaning indicated in this chapter. Additional definitions potentially
				  applicable to this chapter are set forth in 567-Chapters 22 and 23. The
				  definitions set out in Iowa Code sections
				  455B.101,
				  455B.131, and
				  455B.411 are incorporated
				  verbatim into these rules.
"Air pollution alert"
means the action
				  condition declared when the concentrations of air contaminants reach the level
				  at which the first-stage control actions are to begin.
"Air pollution emergency"
means the action
				  condition declared when the air quality is continuing to degrade to a level
				  that should never be reached, and that the most stringent control actions are
				  necessary.
"Air pollution episode"
means a combination
				  of forecast or actual meteorological conditions and emissions of air
				  contaminants that may or do present an imminent and substantial endangerment to
				  the health of persons, during which the chief meteorological factors are the
				  absence of winds that disperse air contaminants horizontally and a stable
				  atmospheric layer that tends to inhibit vertical mixing through relatively deep
				  layers.
"Air pollution forecast"
means an air
				  stagnation advisory issued to the department, the commission, and appropriate
				  air pollution control agencies by an authorized Air Stagnation Advisory Office
				  of the National Weather Service predicting that meteorological conditions
				  conducive to an air pollution episode may be imminent. This advisory may be
				  followed by a prediction of the duration and termination of such meteorological
				  conditions.
"Air pollution warning"
means the action
				  condition declared when the air quality is continuing to degrade from the
				  levels classified as an air pollution alert, and where control actions in
				  addition to those conducted under an air pollution alert are necessary.
"Equipment"
means equipment capable of
				  emitting air contaminants to produce air pollution.
"Excess emission"
means any emission that
				  exceeds any applicable emission standard prescribed in 567-Chapter 23 or
				  567-22.4 (455B),
				  567-22.5 (455B),
				  567-31.3 (455B), or
				  567-33.3 (455B) or any emission
				  limit specified in a permit or order.
"Existing equipment"
means equipment,
				  machines, devices, or installations that were in operation prior to September
				  23, 1970.
"Malfunction"
means any sudden and
				  unavoidable failure of control equipment or of a process to operate in a normal
				  manner. Any failure that is caused entirely or in part by poor maintenance,
				  careless operation, lack of an adequate maintenance program, or any other
				  preventable upset condition or preventable equipment breakdown shall not be
				  considered a malfunction.
"New equipment"
means, except for any
				  equipment or modified equipment to which 567-subrule 23.1(2) applies, any
				  equipment or control equipment not under construction or for which components
				  have not been purchased on or before September 23, 1970, and any equipment that
				  is altered or modified after such date, which may cause, eliminate, reduce, or
				  control the emission of air contaminants.
"Opacity"
means the degree to which
				  emissions reduce the transmission of light and obscure the view of an object in
				  the background.
"Shutdown"
means the cessation of operation
				  of any control equipment or process equipment or process for any
				  purpose.
"Startup"
means the setting into operation
				  of any control equipment or process equipment or process for any
				  purpose.
(1)
New
				equipment.
All new equipment and all new control equipment, as defined
				herein, installed in this state shall perform in conformance with applicable
				emission standards specified in 567-Chapter 23.
(2)
Existing equipment.
All
				existing equipment, as defined herein, shall be operated in conformance with
				applicable emission standards specified in 567-Chapter 23 or as otherwise
				specified herein, except that the performance standards specified in
				567-subrule 23.1(2) shall not apply to existing equipment.
(3)
Emissions inventory.
The
				person responsible for equipment as defined herein shall provide information on
				fuel use, materials processed, air contaminants emitted (including greenhouse
				gases as "greenhouse gas" is defined in
				567-22.1 (455B)), estimated rate
				of emissions, periods of emissions, or other air pollution information to the
				director upon the director's written request for use in compiling and
				maintaining an emissions inventory for evaluation of the air pollution
				situation in the state and its various parts. The information requested shall
				be submitted in the electronic format specified by the department, if
				electronic submittal is provided. All information in regard to both actual and
				allowable emissions shall be public records, and any publication of such data
				shall be limited to actual and allowable air contaminant emissions.
(4) Reserved.
(5)
Public availability of
				data.
Emission data obtained from owners or operators of stationary
				sources under the provisions of 21.1(3) and any correlations with applicable
				emission limitations or other control measures will be made available to the
				public on the department's website and upon request.
(6)
Maintenance of record.
Each owner or operator of any stationary source, as defined herein, shall, upon
				notification from the director, maintain records of the nature and amounts of
				air contaminant emissions from such source and any other information as may be
				deemed necessary by the commission to determine whether such source is in
				compliance with the applicable emission limitations or other control measures.
				The information recorded shall be summarized and reported monthly to the
				director on forms furnished by the department. The initial reporting period
				shall commence 60 days from the date the director issues notification of the
				recordkeeping requirements. Records shall be retained by the owner or operator
				for two years after the date on which the pertinent report is
				submitted.