567—27.3(455B) Ordinance or regulations.
	27.3(1) Legal aspects. Each local control program considered for a certificate of acceptance must be conducted under an appropriate ordinance or set of regulations, as specified in Iowa Code section 455B.145 and this rule.
	27.3(2) Legal authority. The ordinance or regulations shall provide authority to the local control agency as follows:
	a. 	Scope of control. Authority and responsibility for air pollution control within the entire area included in the jurisdiction involved.
	b. 	Degree of control. Authority to prevent, abate and control air pollution from all sources within its area of jurisdiction, in accordance with requirements consistent with the provisions specified in these rules.
	c. 	Enforcement. Legal authority to enforce its requirements and standards.
	d. 	Inspection and tests. Legal authority to make inspections, perform emission tests and obtain data, reports or other information relating to sources of air pollution that may be necessary to prepare air contaminant emission inventories, and to evaluate control measures needed to meet specified goals.
	27.3(3) Control of air pollution. The ordinance or regulations shall contain provisions applicable to the control or prohibition of emissions of air contaminants as listed below.
	a. 	Emission control. Requirements specifying maximum concentrations, density or rates of discharge of emissions of air contaminants from specified sources.
	(1)	These requirements may be included in the ordinance or regulations, or in standards adopted by the local control agency under the authority granted by such ordinance or regulations.
	(2)	These requirements shall not establish an emission standard for any specific source that is in excess of the emission standard specified in 567—Chapter 23 for that source.
	b. 	Prohibition of emissions. Provisions prohibiting the installation of equipment having a potential for air pollution without adequate control equipment. Such restriction may be included in the building code applicable to the jurisdiction covered by the local control agency.
	c. 	Open burning. Provisions prohibiting open burning, including backyard burning, in urban areas within the jurisdiction of the local control agency.
	(1)	Provisions relating to backyard burning may consist of a program requiring the prohibition of such burning within a reasonable period of time.
	(2)	Provisions applicable to open burning may include a variance procedure, so long as no variance that would prevent the attainment or maintenance of ambient air quality standards for suspended particulates and carbon monoxide is issued.
	d. 	Requirements for permits. Provisions requiring installation and operating permits for all new or altered equipment capable of emitting air contaminants into the atmosphere installed within the jurisdiction of the local control agency.
	27.3(4) Enforcement. The ordinance or regulations of the local control agency shall include an effective mechanism for enforcing the provisions specified thereunder, as listed below.
	a. 	Procedures. The local control ordinance or regulations shall specify that any violation of its provisions is subject to civil and criminal penalties.
	b. 	Penalties. The penalties specified in such ordinance or regulations shall include fines, injunctive relief and sealing of equipment found to be not in compliance with applicable provisions of the ordinance or regulations.
	c. 	 Procedures for granting variances or extensions of time to attain compliance status. The local control agency shall maintain on file a record of the names, addresses, sources of emissions, types of emissions, rates of emissions, reason for granting, conditions and length of time specified, relating to all variances or extension of time granted and shall make such records available to the commission or the department upon request.
[ARC 7956C, IAB 5/15/24, effective 6/19/24]