Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 24 - Operating Permits › Rule 567-24.100 - Title v Operating Permits-definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of this chapter and unless otherwise stated, the
				  following terms shall have the meaning indicated in this rule:
"12-month rolling period"
means the same as
				  defined in 567-22.1 (455B).
" 40 CFR Part 70 "
means Part 70 or any
				  specific section within Part 70 that is cited in this chapter, as amended
				  through May 6, 2020, unless otherwise noted.
" 40 CFR Part 72 "
means Part 72 or any
				  specific section within Part 72 that is cited in this chapter, as amended
				  through March 28, 2011, unless otherwise noted.
"Act"
means the U.S. Clean Air Act
				  (42 U.S.C. §
										7401, et seq.), as amended through November
				  15, 1990.
"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 that immediately precedes that date and that 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 that 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 source,"
as this definition is set
				  forth in 40 CFR §
										70.2, is adopted by reference.
"Affected state,"
as this definition is set
				  forth in 40 CFR §
										70.2, is adopted by reference.
"Affected unit,"
as this definition is set
				  forth in 40 CFR §
										70.2, is adopted by reference.
"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 that
				  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), 23.1(3), and 23.1(4);
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,"
as this definition is set forth
				  in 40 CFR §
										72.2, is adopted by reference.
"Applicable requirement,"
as this definition
				  is set forth in 40 CFR
				  §
										70.2, is adopted by reference.
"Area source"
means any stationary source of
				  hazardous air pollutants that is not a major source as defined in
				  567-24.100(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."
"Country grain elevator"
means the same as
				  defined in 567-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, 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 24, it shall be deemed to refer to
				  the designated representative with regard to all matters under the acid rain
				  program.
"Draft Title V permit,"
as this definition
				  is set forth in 40 CFR
				  §
										70.2, is adopted by reference.
"Electronic format," "electronic submittal,"
and
"electronic submittal format"
mean the same as defined in
				  567-22.1 (455B).
"Emergency generator"
means the same as
				  defined in 567-22.1 (455B).
"Emissions allowable under the permit,"
as
				  this definition is set forth in
				  40 CFR §
										70.2, is adopted by reference.
"Emissions unit,"
as this definition is set
				  forth in 40 CFR §
										70.2, is adopted by reference.
"EPA conditional method"
means the same as
				  defined in 567-22.1 (455B).
"EPA reference method"
means the same as
				  defined in 567-22.1 (455B).
"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 that 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
				  that 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 that 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), 23.1(3), and 23.1(4); 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
				  that could not reasonably pass through a stack, chimney, vent or other
				  functionally equivalent opening.
"Hazardous air pollutant"
means any of the
				  air pollutants listed in Section 112 of the Act and
				  40 CFR §
										63.2 as adopted by reference in 567-subrule
				  23.1(4).
"High-risk pollutant"
means one of the
				  hazardous air pollutants listed in Table 1 in
				  40 CFR §
										63.74 as adopted by reference in 567-subrule
				  23.1(4).
"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 that 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 that 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)
				  emission limitation for existing sources"
means the definition adopted
				  by reference in 567-subrule 23.1(4).
"Maximum achievable control technology (MACT)
				  emission limitation for new sources"
means the definition adopted by
				  reference in 567-subrule 23.1(4).
"Maximum achievable control technology (MACT)
				  floor"
means the definition adopted by reference in 567-subrule
				  23.1(4).
"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 in 567-24.111(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 in 567-24.120(455B)
				  through 567-24.146(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 567-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,"
as this
				  definition is set forth in 40 CFR §
										70.2, is adopted by
				  reference.
"Regulated air contaminant"
means the same
				  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
				567-22.1(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,"
as this
				  definition is set forth in 40 CFR §
										70.2, is adopted by
				  reference.
"State implementation plan"
or
"SIP"
means the plan adopted by the state of Iowa and
				  approved by the Administrator that 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
				North American Industry Classification System (NAICS) code 325193 or
				312140;
21. Fossil-fuel boilers, or
				combinations thereof, totaling more than 250 million Btu 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 per hour heat
				input;
27. Any other stationary
				source category, that as of August 7, 1980, is regulated under Section 111 or
				112 of the Act.
"Subject to regulation,"
as this definition
				  is set forth in 40 CFR
				  §
										70.2, is adopted by reference.
"Title V permit"
means an operating permit
				  under Title V of the Act.