reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 22 - Controlling Air Pollution › Rule 567-22.133 - Acid Rain Permit Contents-general

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Each acid rain
				permit (including any draft acid rain permit) will contain the following
				elements:
a. All elements required for a
				complete acid rain permit application under rule
				567-22129.
				(455B), as approved or adjusted by the department;
b. The applicable acid rain emissions
				limitation for sulfur dioxide; and
c. The applicable acid rain emissions
				limitation for nitrogen oxides.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 22 - Controlling Air Pollution › Rule 567-22.134 - Acid Rain Permit Shield

Current through Register Vol. 47, No. 3, July 24, 2024
Each affected unit operated in accordance with the acid rain
				  permit that governs the unit and that was issued in compliance with Title IV of
				  the Act, as provided in rules
				  567-22120.
				  (455B) to
				  567-22146.
				  (455B), rule
				  567-252.
				  (455B), or 40 CFR Parts 72, 73, 75, 76, 77, and 78, and the regulations
				  implementing Section 407 of the Act, shall be deemed to be operating in
				  compliance with the acid rain program, except as provided in paragraph
				  22.125(7)
"f. "
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 22 - Controlling Air Pollution › Rule 567-22.135 - 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 rules
				  567-22100.
				  (455B) to
				  567-22116.
				  (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 rules
				  567-22135.
				  (455B) to
				  567-22145.
				  (455B).
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 22 - Controlling Air Pollution › Rule 567-22.136 - 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 22 - Controlling Air Pollution › Rule 567-22.137 - 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 22 - Controlling Air Pollution › Rule 567-22.138 - 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 subrules 22.107(6) and 22.107(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 rules
				567-22100.
				(455B) to
				567-22116.
				(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
				708(c). as amended to July 21, 1992, the
				administrator, will incorporate any required changes and issue or deny the acid
				rain permit in accordance with rules
				567-22133.
				(455B) and
				567-22134.
				(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. On or before December 31,1997, the
				department will issue an acid rain permit to each affected source whose
				designated representative submitted a timely and complete acid rain permit
				application by January 1, 1996, in accordance with rule
				567-22126.
				(455B) and meets the requirements of rules
				567-22135.
				(455B) to
				567-22139.
				(455B) and rules
				567-22100.
				(455B) to
				567-22116.
				(455B).
b. Nitrogen oxides. Not
				later than January 1,1999, the department will reopen the acid rain permit to
				add the acid rain program nitrogen oxides requirements; provided that the
				designated representative of the affected source submitted a timely and
				complete acid rain permit application for nitrogen oxides in accordance with
				rule
				567-22126.
				(455B). Such reopening shall not affect the term of the acid rain portion of a
				Title V operating permit.
c. Each
				acid rain permit issued in accordance with paragraph
				22.138(5)
"a"
shall take effect by the later of January 1,
				2000, or, where the permit governs a unit under paragraph 22.122(1)
"c,
				"
the deadline for monitor certification under rule
				567-252.
				(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 22 - Controlling Air Pollution › Rule 567-22.139 - 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 at 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 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 rule
				567-22125.
				(455B);
c. The emissions monitoring
				and reporting requirements applicable to the affected units at an affected
				source under rule
				567-252.
				(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 22 - Controlling Air Pollution › Rule 567-22.140 - Permit Revisions-general

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Rules
				567-22140.
				(455B) to
				567-22145.
				(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 or a state court)
				modifying or voiding any acid rain permit provision shall be subject to review
				by the administrator in accordance with
				40 CFR
				708(c). as amended to July 21, 1992, as
				applied to permit modifications, unless the determination or interpretation is
				an administrative amendment approved in accordance with rule
				567-22143.
				(455B).
(5) The standard
				requirements of rule
				567-22125.
				(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 rule
				567-22132. (455B) and
				Section 407 of the Act and regulations implementing Section 407 of the
				Act.
(7) For permit revisions not
				described in rules
				567-22141.
				(455B) and
				567-22142.
				(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 22 - Controlling Air Pollution › Rule 567-22.141 - Permit Modifications

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Permit
				modifications shall follow the permit issuance requirements of rules
				567-22135.
				(455B) to
				567-22139.
				(455B) and subrules 22.113(2) and 22.113(3).
(2) For purposes of applying subrule
				22.141(1), a permit modification shall be treated as an acid rain permit
				application, to the extent consistent with rules
				567-22140.
				(455B) to
				567-22145.
				(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;
c. Determinations concerning failed
				repowering projects under subrule 22.132(6); and
d. At the option of the designated
				representative submitting the permit revision, the permit revisions listed in
				subrule 22.142(2).
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 22 - Controlling Air Pollution › Rule 567-22.142 - Fast-track Modifications

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Fast-track
				modifications shall follow the following procedures:
a. The designated representative shall serve
				a copy of the fast-track modification on the administrator, the department, and
				any person entitled to a written notice under subrules 22.107(6) and 22.107(7).
				Within five business days of serving such copies, the designated representative
				shall also give public notice by publication in a newspaper of general
				circulation in the area where the source is located or in a state publication
				designed to give general public notice.
b. The public shall have a period of 30 days,
				commencing on the date of publication of the notice, to comment on the
				fast-track modification. Comments shall be submitted in writing to the air
				quality bureau of the department and to the designated
				representative.
c. The designated
				representative shall submit the fast-track modification to the department on or
				before commencement of the public comment period.
d. Within 30 days of the close of the public
				comment period, the department will consider the fast-track modification and
				the comments received and approve, in whole or in part or with changes or
				conditions as appropriate, or disapprove the modification. A fast-track
				modification shall be effective immediately upon issuance, in accordance with
				subrule 22.113(2) as applied to significant modifications.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 22 - Controlling Air Pollution › Rule 567-22.143 - Administrative Permit Amendment

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Administrative
				amendments shall follow the procedures set forth at rule
				567-22111.
				(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 subrule 22.131(3) and rule
				567-22132. (455B) 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 or facsimile 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 subrule 22.131(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 rule
				567-22125.
				(45 5B);
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 paragraphs "a "through
"h"
of this subrule.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 22 - Controlling Air Pollution › Rule 567-22.144 - Automatic Permit Amendment

Current through Register Vol. 47, No. 3, July 24, 2024
The following permit revisions shall be deemed to amend
				  automatically, and become a part of the affected unit's acid rain permit by
				  operation of law without any further review:
(1) Upon recordation by the administrator
				under 40 CFR Part 73, all allowance allocations to, transfers to, and
				deductions from an affected unit's allowance tracking system account;
				and
(2) Incorporation of an offset
				plan that has been approved by the administrator under 40 CFR Part
				77.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 22 - Controlling Air Pollution › Rule 567-22.145 - Permit Reopenings

Current through Register Vol. 47, No. 3, July 24, 2024
(1) As provided
				in rule
				567-22114.
				(455B), the department will reopen an acid rain permit for cause, including
				whenever additional requirements become applicable to any affected unit
				governed by the permit.
(2) In
				reopening an acid rain permit for cause, the department will issue a draft
				permit changing the provisions, or adding the requirements, for which the
				reopening was necessary. The draft permit shall be subject to the requirements
				of rules
				567-22135.
				(455B) to
				567-22139.
				(455B).
(3) Any reopening of an
				acid rain permit shall not affect the term of the permit.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 22 - Controlling Air Pollution › Rule 567-22.146 - 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
				7290..
(2) The submission of complete compliance
				certifications in accordance with subrule 22.146(1) and rule
				567-252.
				(455B) shall be deemed to satisfy the requirement to submit compliance
				certifications under paragraph 22.108(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 22 - Controlling Air Pollution › Rule 567-22.300 - Operating Permit by Rule for Small Sources

Current through Register Vol. 47, No. 3, July 24, 2024
Except as provided in subrule 22.300(11), any source which
				  otherwise would be required to obtain a Title V operating permit may instead
				  register for an operation permit by rule for small sources. Sources which
				  comply with the requirements contained in this rule will be deemed to have an
				  operating permit by rule for small sources. Sources which 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 rule
				  567-22100. (455B).
(1)
Definitions for operating permit
				by rule for small sources.
For the purposes of rule 567-22.300 (455B),
				the definitions shall be the same as the definitions found at rule
				567-22100. (455B).
(2)
Registration for operating permit
				by rule for small sources.
a. Except
				as provided in subrules 22.300(3) and 22.300(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 subrule 22.300(6).
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 23 - Air Emission Standards › Rule 567-23.3 - Specific Contaminants

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
The emission standards contained in this rule shall
				apply to each source operation unless performance standard for the process is
				specified in 23.1(2) through 23.1(5), in which case the performance standard
				shall apply.
(2)
Particulate matter.
No person shall cause or allow the
				emission of particulate matter from any source in excess of the emission
				standards specified in this chapter, except as provided in 567-Chapter 21.
a.
General emission rate.
(1) For sources constructed, modified or
				reconstructed on or after July 21, 1999, the emission of particulate matter
				from any process shall not exceed an emission standard of 0.1 grain per dry
				standard cubic foot (dscf) of exhaust gas.
(2) For sources constructed, modified or
				reconstructed prior to July 21, 1999, the emission of particulate matter from
				any process shall not exceed the amount determined from the equations below, or
				amount specified in a permit if based on an emission standard of 0.1 grain per
				standard cubic foot of exhaust gas.
The process weight rates up to 60,000 lb/hr shall be
				  accomplished by the use of the equation:
E=4.10 Ã— P0.67,
and interpolation and extrapolation of the data for process
				  weight rates in excess of 60,000 lb/hr shall be accomplished by use of the
				  equation:
E=55.0 Ã— P0.11-40,
where E = rate of emission in lb/hr, and
P = process weight in tons/hr
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 23 - Air Emission Standards › Rule 567-23.5 - Anaerobic Lagoons

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Applications
				for construction permits for animal feeding operations using anaerobic lagoons
				shall meet the requirements of 567-Chapter 65.
(2) Criteria for approval of industrial
				anaerobic lagoons constructed or expanded on or after July 1, 1982.
a. Lagoons designed to treat 100,000 gallons
				per day (gpd) or less shall be located at least 1,250 feet from a residence not
				owned by the owner of the lagoon or from a public use area other than a public
				road.
b. Lagoons designed to treat
				more than 100,000 gpd shall be located at least 1,875 feet from a residence not
				owned by the owner of the lagoon or from a public use area other than a public
				road.
c. The criteria in 23.5(2)
				shall apply except in situations in which Iowa Code section
				455B.134(3)
"e"
(2) is successfully invoked.
d. Compliance with the requirements of
				23.5(2) shall not constitute an exemption from compliance with any other
				applicable environmental regulations. In particular, compliance with these
				requirements shall not absolve any person from compliance with the requirements
				set forth in 567-Chapter 64 that are applicable to industrial anaerobic
				lagoons.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 23 - Air Emission Standards › Rule 567-23.6 - Alternative Emission Limits (the "bubble concept")

Current through Register Vol. 47, No. 3, July 24, 2024
Emission limits for individual emission points included in
				  23.3(455B) (except 23.3(2)
"d,
"23.3(2)
"b
"(3), and 23.3(3)
"a
"(3)) and 23.4(455B) (except
				  23.4(12)
"b"
and 23.4(6)) may be replaced by alternative
				  emission limits. The alternative emission limits must be consistent with
				  567-227.
				  (455B) and 567-subrule 25.1(12). Under this rule, less stringent control limits
				  where costs of emission control are high may be allowed in exchange for more
				  stringent control limits where costs of control are less
				  expensive.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 24 - Operating Permits › Rule 567-24.101 - Applicability of Title v Operating Permit Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Except as
				provided in 567-24.102(455B), any person who owns or operates any of the
				following sources shall obtain a Title V operating permit and shall submit fees
				as required in 567-Chapter 30:
a. Any
				affected source subject to the provisions of Title IV of the Act;
b. Any major source;
c. Any source, including any nonmajor source,
				subject to a standard, limitation, or other requirement under Section 111 of
				the Act (567-subrule 23.1(2), new source performance standards; 567-subrule
				23.1(5), emission guidelines);
d.
				Any source, including any area source, subject to a standard or other
				requirement under Section 112 of the Act (567-subrules 23.1(3) and 23.1(4),
				emission standards for hazardous air pollutants), except that a source is not
				required to obtain a Title V permit solely because it is subject to regulations
				or requirements under Section 112(r) of the Act;
e. Any solid waste incinerator unit required
				to obtain a Title V permit under Section 129(e) of the Act;
f. Any source category designated by the
				Administrator pursuant to 40
				CFR §
											70.3 as amended through December
				19, 2005.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 24 - Operating Permits › Rule 567-24.102 - Source Category Exemptions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) All sources
				listed in 24.101(1) that are not major sources, affected sources subject to the
				provisions of Title IV of the Act, or solid waste incineration units required
				to obtain a permit pursuant to Section 129(e) of the Act are exempt from the
				obligation to obtain a Title V permit until such time as the Administrator
				completes a rulemaking to determine how the program should be structured for
				nonmajor sources and the appropriateness of any permanent exemptions in
				addition to those provided for in 24.102(3).
(2) In the case of nonmajor sources subject
				to a standard or other requirement under either Section 111 or Section 112 of
				the Act, the Administrator will determine at the time the new or amended
				standard is promulgated whether to exempt any or all such applicable sources
				from the requirement to obtain a Title V permit.
(3) The following source categories are
				exempt from the obligation to obtain a Title V permit:
a. All sources and source categories that
				would be required to obtain a Title V permit solely because they are subject to
				40 CFR 60, Subpart AAA, Standards of Performance for New Residential Wood
				Heaters;
b. All sources and source
				categories that would be required to obtain a Title V permit solely because
				they are subject to 40 CFR 61, Subpart M, National Emission Standard for
				Hazardous Air Pollutants for Asbestos, Section 61.145, Standard for Demolition
				and Renovation, as adopted by reference in 567-subrule 23.1(3);
c. All sources and source categories that
				would be required to obtain a Title V permit solely because they are subject to
				any of the following subparts from 40 CFR 63 :
(1) Subpart M, National Perchloroethylene Air
				Emission Standards for Dry Cleaning Facilities, as adopted by reference in
				567-subrule 23.1(4).
(2) Subpart N,
				National Emission Standards for Chromium Emissions from Hard and Decorative
				Chromium Electroplating and Chromium Anodizing Tanks, as adopted by reference
				in 567-subrule 23.1(4).
(3) Subpart
				O, Ethylene Oxide Emissions Standards for Sterilization Facilities, as adopted
				by reference in 567-subrule 23.1(4).
(4) Subpart T, National Emission Standards
				for Halogenated Solvent Cleaning, as adopted by reference in 567-subrule
				23.1(4).
(5) Subpart RRR, National
				Emission Standards for Hazardous Air Pollutants for Secondary Aluminum
				Production, as adopted by reference in 567-subrule 23.1(4).
(6) Subpart VVV, National Emission Standards
				for Hazardous Air Pollutants: Publicly Owned Treatment Works, as adopted by
				reference in 567-subrule 23.1(4).
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 24 - Operating Permits › Rule 567-24.104 - Requirement to Have a Title v Permit

Current through Register Vol. 47, No. 3, July 24, 2024
No source may operate after the time that it is required to
				  submit a timely and complete application, except in compliance with a properly
				  issued Title V operating permit. However, if a source submits a timely and
				  complete application for permit issuance (including renewal), the source's
				  failure to have a permit is not a violation of this chapter until the director
				  takes final action on the permit application, except as noted in this rule. In
				  that case, all terms and conditions of the permit shall remain in effect until
				  the renewal permit has been issued or denied.
(1) This protection shall cease to apply if,
				subsequent to the completeness determination, the applicant fails to submit, by
				the deadline specified in writing by the director, any additional information
				identified as being needed to process the application.
(2) Sources making permit revisions pursuant
				to 567-24.110(455B) shall not be in violation of this rule.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 24 - Operating Permits › Rule 567-24.106 - Annual Title v Emissions Inventory

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Emissions fee.
Fees shall be paid as set forth in 567-Chapter
				30.
(2)
Emissions inventory
				and documentation due dates.
The emissions inventory shall be
				submitted through the electronic format specified by the department. An owner
				or operator shall, by March 31, submit documentation of actual emissions for
				the previous calendar year. The department shall calculate the total statewide
				Title V emissions for the prior calendar year and make this information
				available to the public no later than April 30 of each year.
(3)
Correction of errors.
If
				an owner or operator, or the department, finds an error in a Title V emissions
				inventory, the owner or operator shall submit to the department revised forms
				making the necessary corrections to the Title V emissions inventory. Corrected
				forms shall be submitted as soon as possible after the errors are discovered or
				upon notification by the department.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 24 - Operating Permits › Rule 567-24.107 - Title v Permit Processing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Action
				on application.
a.
Conditions for action on application.
A permit, permit
				modification, or renewal may be issued only if all of the following conditions
				have been met:
(1) The permitting authority
				has received a complete application for a permit, permit modification, or
				permit renewal, except that a complete application need not be received before
				issuance of a general permit under 567-24.109(455B);
(2) Except for modifications qualifying for
				minor permit modification procedures under 567-24.112(455B), the permitting
				authority has complied with the requirements for public participation under
				24.107(6);
(3) The permitting
				authority has complied with the requirements for notifying and responding to
				affected states under 24.107(7);
(4) The conditions of the permit provide for
				compliance with all applicable requirements and the requirements of this
				chapter;
(5) The Administrator has
				received a copy of the proposed permit and any notices required under
				24.107(7), and has not objected to issuance of the permit under 24.107(7)
				within the time period specified therein;
(6) If the Administrator has properly
				objected to the permit pursuant to the provisions of
				40 CFR §
												70.8(d) as amended to July
				21, 1992, or 24.107(7), then the permitting authority may issue a permit only
				after the Administrator's objection has been resolved; and
(7) No permit for a solid waste incineration
				unit combusting municipal waste subject to the provisions of Section 129(e) of
				the Act may be issued by an agency, instrumentality, or person that is also
				responsible, in whole or part, for the design and construction or operation of
				the unit.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 24 - Operating Permits › Rule 567-24.108 - Permit Content

Current through Register Vol. 47, No. 3, July 24, 2024
Each Title V permit shall include the following
				  elements:
(1) Enforceable emission
				limitations and standards. Each permit issued pursuant to this chapter shall
				include emissions limitations and standards, including those operational
				requirements and limitations that ensure compliance with all applicable
				requirements at the time of permit issuance.
a. The permit shall specify and reference the
				origin of and authority for each term or condition and identify any difference
				in form as compared to the applicable requirement upon which the term or
				condition is based.
b. The permit
				shall state that, where an applicable requirement of the Act is more stringent
				than an applicable requirement of regulations promulgated under Title IV of the
				Act, both provisions shall be incorporated into the permit and shall be
				enforceable by the Administrator.
c. If an applicable implementation plan
				allows a determination of an alternative emission limit at a Title V source,
				equivalent to that contained in the plan, to be made in the permit issuance,
				renewal, or significant modification process, and the state elects to use such
				process, then any permit containing such equivalency determination shall
				contain provisions to ensure that any resulting emissions limit has been
				demonstrated to be quantifiable, accountable, enforceable, and based on
				replicable procedures.
d. If an
				early reduction demonstration is approved as part of the Title V permit
				application, the permit shall include enforceable alternative emissions
				limitations for the source reflecting the reduction that qualified the source
				for the compliance extension.
e.
				Fugitive emissions from a source shall be included in the permit in the same
				manner as stack emissions, regardless of whether the source category in
				question is included in the list of sources contained in the definition of
				major source.
f. For all major
				sources, all applicable requirements for all relevant emissions units in the
				major source shall be included in the permit.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 24 - Operating Permits › Rule 567-24.110 - Changes Allowed Without a Title v Permit Revision (off-permit revisions)

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A source
				with a Title V permit may make Section 502(b)(10) changes to the permitted
				installation/facility without a Title V permit revision if:
a. The changes are not major modifications
				under any provision of any program required by Section 110 through Section 112
				of the Act, or major modifications of this chapter;
b. The changes do not exceed the emissions
				allowable under the permit (whether expressed therein as a rate of emissions or
				in terms of total emissions);
c.
				The changes are not modifications under any provision of Title I of the Act and
				the changes do not exceed the emissions allowable under the permit (whether
				expressed therein as a rate of emissions or in terms of total
				emissions);
d. The changes are not
				subject to any requirement under Title IV of the Act (revisions affecting Title
				IV permitting are addressed in 567-24.140(455B) through
				567-24.144(455B));
e. The changes
				comply with all applicable requirements; and
f. For each such change, the permitted source
				provides to the department and the Administrator by certified mail, at least 30
				days in advance of the proposed change, a written notification, including the
				following, which shall be attached to the permit by the source, the department,
				and the Administrator:
(1) A brief
				description of the change within the permitted facility,
(2) The date on which the change will
				occur,
(3) Any change in emission
				as a result of the change,
(4) The
				pollutants emitted subject to the emissions trade,
(5) If the emissions trading provisions of
				the state implementation plan are invoked, then the Title V permit requirements
				with which the source shall comply; a description of how the emission increases
				and decreases will comply with the terms and conditions of the Title V
				permit,
(6) A description of the
				trading of emissions increases and decreases for the purpose of complying with
				a federally enforceable emissions cap as specified in and in compliance with
				the Title V permit, and
(7) Any
				permit term or condition no longer applicable as a result of the
				change.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 24 - Operating Permits › Rule 567-24.111 - Administrative Amendments to Title v Permits

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An
				administrative permit amendment is a permit revision that does any of the
				following:
a. Corrects typographical
				errors;
b. Identifies a change in
				the name, address, or telephone number of any person identified in the permit,
				or provides a similar minor administrative change at the source;
c. Requires more frequent monitoring or
				reporting by the permittee; or
d.
				Allows for a change in ownership or operational control of a source where the
				director determines that no other change in the permit is necessary, provided
				that a written agreement containing a specific date for transfer of permit
				responsibility, coverage, and liability between the current and new permittee
				has been submitted to the director.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 24 - Operating Permits › Rule 567-24.112 - Minor Title v Permit Modifications

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Minor Title V
				permit modification procedures may be used only for those permit modifications
				that satisfy all of the following:
a. Do not
				violate any applicable requirement;
b. Do not involve significant changes to
				existing monitoring, reporting, or recordkeeping requirements in the Title V
				permit;
c. Do not require or change
				a case-by-case determination of an emission limitation or other standard, or an
				increment analysis;
d. Do not seek
				to establish or change a permit term or condition for which there is no
				corresponding underlying applicable requirement and that the source has assumed
				in order to avoid an applicable requirement to which the source would otherwise
				be subject. Such terms and conditions include any federally enforceable
				emissions caps that the source would assume to avoid classification as a
				modification under any provision of Title I of the Act; and an alternative
				emissions limit approved pursuant to regulations promulgated under Section
				112(i)(5) of the Act;
e. Are not
				modifications under any provision of Title I of the Act; and
f. Are not required to be processed as a
				significant modification under 567-24.113(455B).
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 24 - Operating Permits › Rule 567-24.113 - Significant Title v Permit Modifications

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Significant
				Title V modification procedures shall be used for applications requesting Title
				V permit modifications that do not qualify as minor or administrative
				amendments. These include, but are not limited to, all significant changes in
				monitoring permit terms, every relaxation of reporting or recordkeeping permit
				terms, and any change in the method of measuring compliance with existing
				requirements.
(2) Significant Title
				V permit modifications shall meet all requirements of this chapter, including
				those for applications, public participation, review by affected states, and
				review by the Administrator, as those requirements that apply to Title V permit
				issuance and renewal.
(3) Unless
				the director determines otherwise, review of significant Title V permit
				modification applications shall be completed within nine months of receipt of a
				complete application.
(4) For a
				change that is subject to the requirements for a significant permit
				modification (pursuant to 567-24.113(455B)), the permittee shall submit to the
				department an application for a significant permit modification not later than
				three months after commencing operation of the changed source unless the
				existing Title V permit would prohibit such construction or change in
				operation, in which event the operation of the changed source may not commence
				until the department revises the permit.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 24 - Operating Permits › Rule 567-24.114 - Title v Permit Reopenings

Current through Register Vol. 47, No. 3, July 24, 2024
The provisions for Title V permit reopenings set forth in
				  40 CFR §
										70.7(f) are adopted by
				  reference.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 24 - Operating Permits › Rule 567-24.115 - Suspension, Termination, and Revocation of Title v Permits

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Permits may be
				terminated, modified, revoked, or reissued for cause. The following examples
				shall be considered cause for the suspension, modification, revocation, or
				reissuance of a Title V permit:
a. The
				director has reasonable cause to believe that the permit was obtained by fraud
				or misrepresentation.
b. The person
				applying for the permit failed to disclose a material fact required by the
				permit application form or the rules applicable to the permit, of which the
				applicant had or should have had knowledge at the time the application was
				submitted.
c. The terms and
				conditions of the permit have been or are being violated.
d. The permittee has failed to pay the Title
				V permit fees.
e. The permittee has
				failed to pay an administrative, civil, or criminal penalty imposed for
				violations of the permit.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 24 - Operating Permits › Rule 567-24.116 - Title v Permit Renewals

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An application
				for Title V permit renewal shall be subject to the same procedural requirements
				that apply to initial permit issuance, including those for public participation
				and review by the Administrator and affected states.
(2) Except as provided in 567-24.104(455B),
				permit expiration terminates a source's right to operate unless a timely and
				complete application for renewal has been submitted in accordance with
				567-24.105(455B).
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 24 - Operating Permits › Rule 567-24.120 - Acid Rain Program-definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The terms used in 567-24.120(455B) through 567-24.146(455B)
				  shall have the meanings set forth in Title IV of the Act,
				  42 U.S.C. §
										7401, et seq., as amended through November
				  15, 1990, and in this rule. The definitions set forth in 40 CFR Part 72 as
				  amended through March 28, 2011, and 40 CFR Part 76 as amended through October
				  15, 1999, are adopted by reference.
"Department"
means the department of natural
				  resources and is the state acid rain permitting authority.
"Electronic format," "electronic submittal,"
and
"electronic submittal format"
mean the same as defined in
				  567- 22.1(455B).
"Title V operating permit"
means a permit
				  issued under 567-24.100(455B) through 567-24.116(455B) implementing Title V of
				  the Act.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 24 - Operating Permits › Rule 567-24.122 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
The applicability of the acid rain program as set forth in
				  40 CFR §
										72.6 is adopted by reference. A certifying
				  official of any unit may petition the Administrator for a determination of
				  applicability under 40 CFR
				  §
										72.6(c).
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 24 - Operating Permits › Rule 567-24.123 - Acid Rain Exemptions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
New
				unit exemption.
The new unit exemption, as specified in
				40 CFR §
										72.7, except for
				40 CFR §
										72.7(c)(1)(i), is adopted by
				reference. This exemption applies to new utility units.
(2)
Retired unit exemption.
The retired unit exemption, as specified in
				40 CFR §
										72.8, is adopted by reference. This exemption
				applies to any affected unit that is permanently retired.
(3)
Industrial utility-unit
				exemption.
The industrial utility-unit exemption, as specified in 40
				CFR §72.14, is adopted by reference. This exemption applies to any
				noncogeneration utility unit.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 24 - Operating Permits › Rule 567-24.125 - Standard Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Permit
				requirements.
Permit requirements as set forth in
				40 CFR §
										72.9(a) are adopted by
				reference.
(2)
Monitoring
				requirements.
Monitoring requirements as set forth in
				40 CFR §
										72.9(b) are adopted by
				reference.
(3)
Sulfur
				dioxide requirements.
Sulfur dioxide requirements as set forth in
				40 CFR §
										72.9(c) are adopted by
				reference.
(4)
Nitrogen
				oxides requirements.
Nitrogen oxides requirements as set forth in
				40 CFR §
										72.9(d) are adopted by
				reference.
(5)
Excess
				emissions requirements.
Excess emissions requirements as set forth in
				40 CFR §
										72.9(e) are adopted by
				reference.
(6)
Recordkeeping and reporting requirements.
Recordkeeping and
				reporting requirements as set forth in
				40 CFR §
										72.9(f) are adopted by
				reference.
(7)
Liability.
Liability provisions as set forth in
				40 CFR §
										72.9(g) are adopted by
				reference.
(8)
Effect on
				other authorities.
The provisions for the effect on other authorities
				as set forth in 40 CFR
				§
										72.9(h) is adopted by
				reference.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 24 - Operating Permits › Rule 567-24.127 - Designated Representative-objections

Current through Register Vol. 47, No. 3, July 24, 2024
The provisions for disputes regarding a designated
				  representative as set forth in
				  40 CFR §
										72.25 are adopted by
				  reference.