CHAPTER 21
COMPLIANCE
[Prior to 7/1/83, DEQ Chs 2 and 6]
[Prior to 12/3/86, Water, Air and Waste Management[900]]
567—21.1(455B) Compliance schedule.
	21.1(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.
	21.1(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.
	21.1(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 rule 567—20.2(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 on forms or by electronic format specified by the department. 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.
	21.1(4) Emissions inventory to fulfill requirements of the Clean Air Interstate Rule (CAIR). Rescinded IAB 2/15/17, effective 3/22/17.
	21.1(5) Public availability of data. Emission data obtained from owners or operators of stationary sources under the provisions of 21.1(3) will be correlated with applicable emission limitations and other control measures. All such emission data and correlations will be available during normal business hours at the quarters of the department. The director may designate one or more additional places where such data and correlations will be available for public inspection.
	21.1(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.
	a. 	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 record-keeping requirements.
	b. 	Information recorded by the owner or operator and copies of the summarizing reports submitted to the director shall be retained by the owner or operator for two years after the date on which the pertinent report is submitted.
This rule is intended to implement Iowa Code chapter 455B.
[ARC 2949C, IAB 2/15/17, effective 3/22/17]
567—21.2(455B) Variances.
	21.2(1) Application for variances. A person may make application for a variance from applicable rules or standards specified in this title.
	a. 	Contents. Each application for a variance shall be submitted to the director stating the following:
	(1)	The name, address and telephone number of the person submitting the application or, if such person is a legal entity, the name and address of the individual authorized to accept service of process on its behalf and the name of the person in charge of the premises where the pertinent activities are conducted.
	(2)	The type of business or activity involved.
	(3)	The nature of the operation or process involved; including information on the air contaminants emitted, the chemical and physical properties of such emissions and the estimated amount and rate of discharge of such emissions.
	(4)	The exact location of the operation or process involved.
	(5)	The reason or reasons for considering that compliance with the provisions specified in these rules will produce serious hardship without equal or greater benefits to the public, and the reasons why no other reasonable method can be used for such operations without resulting in a hazard to health or property.
	(6)	Each application shall contain certification by a responsible official as defined in rule 567—22.100(455B) of truth and accuracy. This certification shall state that, based on information and belief formed after reasonable inquiry, the statements and information provided are true and accurate.
	b. 	Variance extension. The request for extension of a variance shall be accompanied by an emission reduction program as specified in 21.3(455B).
	21.2(2) Processing of applications. Each application for a variance and its supporting material shall be reviewed and an investigation of the facilities shall be made by the department, for evaluation of whether or not the emissions involved will produce the following effects.
	a. 	Endanger human health. Endanger or tend to endanger the health of persons residing in or otherwise occupying the area affected by said emissions.
	b. 	Create safety hazards. Create or tend to create safety hazards, such as (but not limited to) interference with traffic due to reduced visibility.
	c. 	Damage to livestock or plant life. Damage or tend to damage any livestock harbored on, or any plant life on, property that is affected by said emissions and under other ownership.
	d. 	Damage property. Damage or tend to damage any property on land that is affected by said emissions and under other ownership.
	21.2(3) Trial burns for alternative fuels. An alternative fuel shall be defined as a fuel for which the emissions from combusting the fuel are not known and shall exclude natural gas, coal, liquid propane, and all petroleum distillates.
	a. 	Variance from construction permit. The director may grant a variance for the purpose of testing an alternative fuel and quantifying the emissions from the alternative fuel, except as prohibited under paragraph 21.2(4)“c.”
	b. 	Baseline testing. In addition to submitting the information required in subrule 21.2(1), the applicant may be required to submit baseline emission data for all applicable pollutants as a condition of approval.
	c. 	Source testing. Emissions testing deemed necessary for any pollutant may be required as a condition of the variance and shall be conducted in accordance with 567—paragraph 25.1(7)“a.”
	21.2(4) Decision.
	a. 	Granting of variance. The director shall grant a variance when the director concludes that the action is appropriate. The variance may be granted subject to conditions specified by the director. The director shall specify the time intervals as are considered appropriate for submission of reports on the progress attained in the emission reduction program.
	b. 	Denial of variance. The director shall deny a variance when the director concludes that the action is appropriate. The applicant may request a review hearing before the commission if the application is denied.
	c. 	The director shall not grant a variance from any of the following requirements:
	(1)	Case-by-case maximum achievable control technology (MACT), 567—paragraph 22.1(1)“b”;
	(2)	Prevention of significant deterioration (PSD), 567—Chapter 33, to the extent that variances may not be granted from the preconstruction review and permitting program specified under 567—Chapter 33 (formerly rule 567—22.4(455B)), or from any PSD requirement contained in a PSD permit issued under 567—Chapter 33, or from any PSD requirement contained in a PSD permit issued under 40 CFR Section 51.166 or 52.21.
	(3)	New source performance standards, 567—subrule 23.1(2);
	(4)	Emission standards for hazardous air pollutants, 567—subrule 23.1(3);
	(5)	Emission standards for hazardous air pollutants for source categories, 567—subrule 23.1(4); or
	(6)	Emission guidelines, 567—subrule 23.1(5).
This rule is intended to implement Iowa Code section 455B.143.
567—21.3(455B) Emission reduction program.
	21.3(1) Content. An air contaminant emission reduction program submitted to the department pursuant to these rules shall include a schedule for the installation of pollution control devices or the replacement or alteration of specified facilities in such a way that emissions of air contaminants are reduced to comply with the emission standard specified in 567—Chapter 23. The schedule must include, as a minimum, the following five increments of progress:
	a. 	The date of submittal of the final control plan to the department.
	b. 	The date by which contracts will be awarded for emission control systems or process modification or the date by which orders will be issued for the purchase of component parts to accomplish emission control or process modifications.
	c. 	The date of initiation of on-site construction or installation of emission control equipment or process change.
	d. 	The date by which on-site construction or installation of emission control equipment or process modification is to be completed.
	e. 	The date by which final compliance is to be achieved.
	21.3(2) Action. The director shall approve the programs if they are adequate and reasonable.
	a. 	Upon approval of a program, a variance is granted for one year or until the final compliance date, whichever period is shorter. Emission reduction programs shall be reviewed annually by the director and a variance extension granted for ongoing approved emission reduction programs which show satisfactory progress toward the elimination or prevention of air pollution. The director may specify under what conditions and to what extent the variance or variance extension is granted.
	b. 	If the director disapproves a program, the applicant may appeal to the commission, and the applicant shall have a period of 30 days from date of notification by the director in which to file an appeal.
	c. 	Failure to meet any increment of progress in the compliance schedule contained in an approved emission reduction program may result in the disapproval by the director of the program and termination of the associated variance.
	21.3(3) Reports. Each person responsible for an approved program shall make periodic written progress reports to the department, as specified by the department. The department shall make periodic reports to the commission on emission reduction programs submitted, and on the recommendations related to such programs.
This rule is intended to implement Iowa Code section 455B.143.
1567—21.4(455B) Circumvention of rules. No person shall build, erect, install or use any article, machine, equipment or other contrivance which, without resulting in a reduction in the total amount of air contaminants released to the atmosphere, reduces or conceals an emission which would otherwise constitute violation of these rules.
This rule is intended to implement Iowa Code chapter 455B.
1	Prior to 6/22/83, DEQ rule 6.1.
567—21.5(455B) Evidence used in establishing that a violation has or is occurring. Notwithstanding any other provisions of these rules, any credible evidence may be used for the purpose of establishing whether a person has violated or is in violation of any provisions herein.
	21.5(1) Information from the use of the following methods is presumptively credible evidence of whether a violation has occurred at a source:
	a. 	A monitoring method approved for the source and incorporated in an operating permit pursuant to 567—Chapter 22;
	b. 	Compliance test methods specified in 567—Chapter 25; or
	c. 	Testing or monitoring methods approved for the source in a construction permit issued pursuant to 567—Chapter 22.
	21.5(2) The following testing, monitoring or information-gathering methods are presumptively credible testing, monitoring, or information-gathering methods:
	a. 	Any monitoring or testing methods provided in these rules; or
	b. 	Other testing, monitoring, or information-gathering methods that produce information comparable to that produced by any method in subrule 21.5(1) or this subrule.
This rule is intended to implement Iowa Code section 455B.133.
567—21.6(455B) Temporary electricity generation for disaster situations. An electric utility may operate generators at an electric utility substation with a total combined capacity not to exceed 2 megawatts in capacity for a period of not longer than 10 calendar days and only for the purpose of providing electricity generation in the event of a sudden and unforeseen disaster that has disabled standard transmission of electricity to the public. Department approval shall be required if the electric utility intends to operate generators for a period longer than 10 calendar days. The electric utility shall provide an oral report to the appropriate department field office and to the department's air quality bureau and shall specify the anticipated duration within eight hours of commencing use of a generator or at the start of the first working day following the placement of a generator at each site. A written report shall be submitted to the department within 30 calendar days following the cessation of use of the generators. The written report shall state the nature of the sudden and unforeseen disaster, the location of each site, the number of generators used, the capacity of the generators used, the fuel type of the generators, and the duration of use of each generator. For purposes of this rule, the definition of “disaster” shall be as defined in Iowa Code section 29C.2(1), and a disaster may occur before, with, or without a gubernatorial or federal disaster proclamation.
[Filed 8/24/70; amended 5/2/72, 12/11/73, 12/17/74]
[Filed 12/19/75, Notice 9/22/75—published 1/12/76, effective 2/16/76]
[Filed 3/1/76, Notice 11/3/75—published 3/22/76, effective 4/26/76]
[Filed 9/24/82, Notice 3/17/82—published 10/13/82, effective 11/17/82]
[Filed emergency 6/3/83—published 6/22/83, effective 7/1/83]
[Filed emergency 11/14/86—published 12/3/86, effective 12/3/86]
[Filed 9/23/94, Notice 6/22/94—published 10/12/94, effective 11/16/94]
[Filed 5/28/99, Notice 3/10/99—published 6/16/99, effective 7/21/99]
[Filed 8/29/03, Notice 6/11/03—published 9/17/03, effective 10/22/03]
[Filed 5/18/05, Notice 3/16/05—published 6/8/05, effective 7/13/05]
[Filed 5/17/06, Notice 1/18/06—published 6/7/06, effective 7/12/06]
[Filed 2/8/07, Notice 12/6/06—published 2/28/07, effective 4/4/07]
[Filed 4/18/08, Notice 1/2/08—published 5/7/08, effective 6/11/08]
[Filed 8/20/08, Notice 6/4/08—published 9/10/08, effective 10/15/08]
[Filed ARC 2949C (Notice ARC 2799C, IAB 11/9/16), IAB 2/15/17, effective 3/22/17]