Bulletin 12-27-2023

Front matter not included
ARC 7312CCivil Rights Commission[161]Notice of Intended Action

Proposing rulemaking related to complaints and providing an opportunity for public comment

    The Civil Rights Commission hereby proposes to rescind Chapter 3, “Complaint Process,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Executive Order 10.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code chapter 216.Purpose and Summary    The purpose of proposed Chapter 3 is to implement the Iowa Civil Rights Act by providing parameters and expectations regarding the complaint process for discrimination complaints.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Commission for a waiver of the discretionary provisions, if any, pursuant to 161—Chapter 15.Public Comment     Any interested person may submit written comments concerning this proposed rulemaking. Written comments in response to this rulemaking must be received by the Commission no later than 4:30 p.m. on January 16, 2024. Comments should be directed to: Jacob Bennington Iowa Civil Rights Commission 6200 Park Avenue, Suite 100 Des Moines, Iowa 50321 Phone: 515.281.4482 Email: jacob.bennington@iowa.gov Public Hearing    Public hearings at which persons may present their views orally or in writing will be held as follows: January 16, 2024 10 a.m. 6200 Park Avenue, Suite 100 Des Moines, Iowa February 16, 2024 10 a.m. 6200 Park Avenue, Suite 100 Des Moines, Iowa     Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.     Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Commission and advise of specific needs.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rulemaking action is proposed:

    ITEM 1.    Rescind 161—Chapter 3 and adopt the following new chapter in lieu thereof: CHAPTER 3COMPLAINT PROCESS

161—3.1(216) Initiation of complaint.      3.1(1) Contents of complaint.  Each complaint should contain the following:    a.    The full name, address, and phone number of the person making the charge;    b.    The full name and address of each respondent;    c.    A clear and concise statement of the facts constituting each alleged discriminatory practice, including pertinent dates, where known;    d.    Where employment discrimination is alleged, the approximate number of respondent’s employees.    3.1(2) Technical defects in complaint.  A complaint is sufficient when it includes a written statement that identifies the parties and generally describes the alleged discriminatory actions or practices. Complaints may be amended to cure technical defects or omissions including verification. Such amendments will relate back to the date the complaint was filed.

161—3.2(216) Timely filing of the complaint.      3.2(1)   All alleged continuous violations that constitute a pattern or practice are timely if the most recent act occurred within 300 days of filing the complaint.     3.2(2)   The 300-day filing period is subject to waiver, estoppel, and equitable tolling. Equitable tolling depends upon the facts and circumstances of the case and suspends the running of the filing period for as long as the grounds for tolling exist.

161—3.3(216) Jurisdictional review.  Upon receipt of a submitted complaint form, the executive director or designee shall review the form to determine whether the commission has jurisdiction. A no jurisdiction determination constitutes a final agency action for purposes of judicial review.

161—3.4(216) Amendment process.      3.4(1) Amendment of complaint.      a.    Complaints or any part thereof may be amended by the complainant or commission prior to the contested case hearing. Complaints may be amended to include additional allegations discovered during investigation. The issues at the contested case hearing shall include facts uncovered during investigation and are not limited to the allegations in the original complaint.     b.    Amendments alleging additional discriminatory acts or practices that do not relate back to the original complaint will only be permitted if the amended complaint could have been filed as a timely complaint on the date the amended complaint was filed.     c.    At the contested case hearing, the administrative law judge may amend the complaint at the administrative law judge’s discretion. Where an amendment is made, the administrative law judge may grant the respondent a continuance if needed to prepare to defend the amended charge.    3.4(2) Amendments adding successor respondents.  The complainant or the commission may at any time amend a complaint to add an alleged successor as a respondent. If a successor is added after issuance of the notice of hearing, the administrative law judge may grant a continuance to allow the successor to prepare its defense.

161—3.5(216) Notice of the complaint.  Within 20 days after jurisdiction is established, the commission will serve a copy of the complaint upon the respondent by mail or electronic mail. In the absence of a response from the first named respondent within 90 days, the commission shall serve the complaint on the first named respondent by certified mail within 20 days and inform the complainant by letter of the acknowledgment of the right to withdraw the complaint or to request an administrative release to commence the complainant’s own action in Iowa district court in accordance with Iowa Code section 216.16.

161—3.6(216) Preservation of records.      3.6(1) Duty to preserve.  When a complaint has been served on a respondent, the respondent shall preserve all records relevant to the investigation until the complaint is finally adjudicated, including but not limited to:     a.    Any books, papers, documents, applications, forms, or records of any form that are relevant to the scope of the investigation.     b.    Records relating to other employees, applicants, or members holding or seeking positions similar to that held or sought by the complainant.    c.    Records relating to other applicants for the same position or membership as the complainant.    3.6(2) Failure to preserve.  At a contested hearing, the administrative law judge may determine that a party or agent of the party destroyed evidence relevant to the investigation. The administrative law judge may determine that the destroyed evidence was adverse to the party or agent who destroyed the evidence. The administrative law judge shall determine whether the destruction was done at a time when the party knew or should have known that the evidence destroyed was relevant to the investigation and whether the explanation for the destruction is unsatisfactory.

161—3.7()    Reserved.

161—3.8()    Reserved.

161—3.9()    Reserved.

161—3.10()    Reserved.

161—3.11()    Reserved.

161—3.12(216) Mediation.  Mediation is available to all parties irrespective of representation by counsel. Mediation may encompass all issues in the case that could be investigated. If the parties agree to seek and obtain a global settlement not limited to a resolution of the civil rights issues, the mediation may be expanded to include these collateral claims.

161—3.13()    Reserved.

161—3.14(216) Document submission process.      3.14(1) Methods of filing.  Any document, including a complaint of discrimination, may be filed by any one of the following methods:    a.    By in-person delivery to the commission office during set office hours.     b.    By regular or certified mail.     c.    By fax. For fax transmissions, the sender may be billed a reasonable fee for each page in excess of five pages.    d.    By electronic mail to the commission-established email address.     3.14(2) Date of filing.  The date on which any document is deemed to be filed with the commission is determined according to the following:    a.    Any document received by in-person delivery will be filed as of the date of in-person delivery.     b.    Any document received by U.S. mail will be filed as of the mailing date pursuant to subrule 3.14(3).    c.    Any document received by fax will be filed as of the date shown on the face of the fax.     d.    Any document received by electronic mail will be filed as of the date received.     3.14(3) Proof of mailing.  Proof of mailing includes a legible United States Postal Service postmark on the envelope, a certificate of service, a notarized affidavit, or a certification in substantially the following form: “The undersigned certifies under penalty of perjury and pursuant to the laws of Iowa that, on (date of mailing), I mailed copies of (describe document) addressed to the Iowa Civil Rights Commission, 400 E. 14th Street, Des Moines, Iowa 50319, and to the names and addresses of the persons listed below by depositing a copy thereof (in a United States post office mailbox with correct postage properly affixed or state interoffice mail). (Date) (Signature).”    3.14(4) Conflict among proofs of mailing.  The date of mailing is the date shown by the postmark. In the absence of a legible postmark, the date of mailing is the date shown by the postage meter mark. In the absence of both a legible postmark and a legible postage meter mark, the date of mailing is the date shown by the affidavit, certificate, or certification of mailing.

161—3.15()    Reserved.

161—3.16()    Reserved.

161—3.17()    Reserved.

161—3.18()    Reserved.

161—3.19()    Reserved.

161—3.20()    Reserved.

161—3.21()    Reserved.

161—3.22()    Reserved.

161—3.23()    Reserved.

161—3.24()    Reserved.

161—3.25()    Reserved.

161—3.26(216) Initial investigation of complaint—tier one investigation.      3.26(1)   Questionnaire. After receipt of a complaint, the commission may mail to the parties written questionnaires. The complainant and respondent may provide responses in person, by mail, or by electronic mail.     3.26(2)   Responses to the questionnaire.    a.    Questionnaire responses can include written position statements. Questionnaire responses must be accompanied by supportive evidence. Attorney arguments are not considered admissible evidence. Supportive evidence should reflect how the complainant was treated and how individuals similarly situated to the complainant were treated.    b.    Questionnaire responses are due 30 days from the mailing of the questionnaire. One oral or written request for an extension of 30 days or less will be granted on an informal basis without notice to the nonrequesting party. A party may assume the 30-day extension request is approved, unless otherwise notified. Any further request for extension may be subject to review by the executive director or designee and will be granted upon a showing of extenuating circumstances.    3.26(3)   Failure to respond.    a.    Complainant.A complaint may be administratively closed if a complainant fails to respond to questionnaires.    b.    Respondent.A complaint may proceed to further investigation if the respondent fails to submit questionnaire responses with supportive evidence.     3.26(4)   Suggested procedure in answering questionnaires will be provided in the cover letter of the questionnaires.     3.26(5)   The tier one investigation process will determine whether further investigation is needed. If further investigation is not warranted, the complaint will be administratively closed. Further processing is warranted when the submitted information indicates a reasonable possibility of a probable cause determination or the legal issues in the complaint need development.     3.26(6)   An administrative closure resulting from the preliminary screening determination is an evaluation of the probable merits of the case.     3.26(7)   The commission may issue an investigation information request (IIR) after the issuance of the preliminary case report.

161—3.27()    Reserved.

161—3.28()    Reserved.

161—3.29()    Reserved.

161—3.30()    Reserved.

161—3.31()    Reserved.

161—3.32(216) Secondary investigative process—tier two investigation.      3.32(1)   After a preliminary screening determination concludes further investigation is warranted, the complaint shall be referred to designated staff for further investigation of the allegations of illegal discrimination, known as a tier two investigation.     3.32(2)   Staff shall review any documents submitted in response to an initial information request and any other documentation submitted by the parties prior to the initiation of the tier two investigation.     3.32(3)   At the discretion of the investigator, further steps may be taken, including party or witness interviews or the issuance of additional information requests or subpoenas.

161—3.33(216) Conclusion of investigation.  Following the conclusion of a tier two investigation, staff may issue an investigative analysis (IA). The IA will result in one of the following:
  1. An investigative closure,
  2. A probable cause or no probable cause recommendation to an administrative law judge, or
  3. A no jurisdiction determination.

161—3.34()    Reserved.

161—3.35()    Reserved.

161—3.36(216) Protective orders.  The executive director or designee shall have the authority to issue protective orders in case files when necessary.

161—3.37(216) Investigative subpoenas.      3.37(1) Application of rule.  This rule applies to subpoenas served before a notice of contested case hearing pursuant to rule 161—4.2(17A).    3.37(2) Prior to notice of hearing.  Subpoenas may be issued by the executive director or designee before a notice of a contested case hearing. Only the commission has the right to demand issuance of a subpoena.     3.37(3) Timing before subpoena is issued.  Where a person fails to provide requested information pursuant to the initial information request or subsequent information requests, a subpoena may be issued. A subpoena may be issued not less than seven days after the initial information request or subsequent information requests have been delivered to the person having possession, custody, or control of the requested materials.    3.37(4) Contents of subpoena.  Every subpoena shall state the name of the commission and the purpose for which the subpoena is issued. The subpoena shall be directed to a specific person, or the person’s attorney, or an officer, partner, or managing agent of any entity that is not a natural person. The subpoena for the unknown person having possession, custody, or control of the requested material or real evidence may be directed to the “custodian of records.” The subpoena shall command the person to whom it is directed to produce designated books, papers, or other real evidence in the possession, custody, or control of that person at a specified time and place.     3.37(5) Method and proof of service.  Personal service will be accomplished pursuant to Iowa Rule of Civil Procedure 1.1701(3). Proof of service is by acknowledgment of receipt by the person served or by the affidavit of the person who served the subpoena. Failure to file proof of service does not affect the validity of service.    3.37(6) Objections to subpoena.      a.    An individual who intends not to comply with any part of a subpoena shall promptly petition the executive director to revoke or modify the subpoena. The petition shall separately identify each portion of the subpoena and provide the grounds upon which the petitioner does not intend to comply. A copy of the subpoena shall be attached to the petition. The commission shall mail the final determination of the petition by the executive director or designee to the petitioner.    b.    The grounds for subpoena modification or revocation are met if the subpoena is:    (1)   Not within the statutory authority of the commission;    (2)   Not reasonably specific;    (3)   Unduly burdensome; or    (4)   Not reasonably relevant to matters under investigation.    c.    A petition to revoke or modify a subpoena should be captioned “Motion to Quash” or “Petition to Modify/Revoke Subpoena” and include the commission case number.    3.37(7) Failure to comply.  If an individual fails to comply with a subpoena, the executive director or designee may authorize the filing of a petition for enforcement in the district court.     3.37(8) Open public records law.  The status of a record as a confidential public record under Iowa Code chapter 22 does not affect the authority of the commission to subpoena and compel the production of that record.

161—3.38(216) Postinvestigation determination.      3.38(1)   If a case file is sent to an administrative law judge for determination, all parties will be notified of the determination in writing by mail.    3.38(2)   Where the administrative law judge rejects the recommendation of the commission staff, the reasons shall be stated in writing and included in the case file.

161—3.39(216) Post-probable cause process.      3.39(1)   If the administrative law judge makes a probable cause determination, a staff member shall be assigned to attempt resolution of the case through conciliation. All parties shall be notified of the time and date of any conciliation.    3.39(2)   The commission will work with the complainant or complainant’s attorney to formulate an initial offer. The 30-day conciliation period begins when the offer of settlement is communicated to the respondent or respondent’s attorney.     3.39(3)   The conciliation agreement is effective only after the agreement has been signed by all parties and a commissioner, the executive director, or a designee on behalf of the commission. A copy of the agreement shall be mailed to all parties.    3.39(4)   To ensure compliance with a conciliation agreement, the commission shall take appropriate action to ensure compliance, including the filing of an action in district court seeking specific performance of the terms of the conciliation agreement or other remedies that may be available.    3.39(5)   A respondent may not request reconsideration of a finding of probable cause.

161—3.40()    Reserved.

161—3.41()    Reserved.

161—3.42()    Reserved.

161—3.43(216) Alternatives to commission process—administrative release/right to sue.      3.43(1) Issuance of right to sue letter.  For a right to sue letter to be issued, the request must be filed in writing by the complainant or the complainant’s attorney and include the corresponding state and federal case numbers. After a right to sue letter has been issued, the case shall be administratively closed.     3.43(2) Exceptions to issuance of right to sue.  A right to sue letter will not be issued where the complaint was not timely filed or the commission has determined the complaint is not jurisdictional.     3.43(3) Erroneous right to sue.  If the right to sue letter was issued erroneously, the right to sue letter will be deemed void and the case file reopened if the error is discovered within 90 days after issuance.

161—3.44()    Reserved.

161—3.45()    Reserved.

161—3.46(216) Withdrawal process.      3.46(1) Withdrawal of complaint.  A complainant may withdraw any part of a complaint prior to notice of a contested case hearing. After notice of a contested hearing, a complainant may only withdraw a complaint or any part of a complaint at the commission’s discretion. The commission may continue investigating where deemed in the public interest.     3.46(2) Reopening of a withdrawn complaint.  A complainant may request that the complainant’s withdrawn complaint be reopened within 90 days after closure only if the commission finds that the request for withdrawal was either not filed voluntarily or was filed as a result of a mistake concerning the effect of the request for withdrawal.    3.46(3) Withdrawal as a term of settlement.  If the withdrawal is filed pursuant to a conciliation, mediation, or other settlement agreement, the complainant shall seek redress in district court. If the district court determines that the settlement agreement is invalid, the commission may reopen the case file.

161—3.47(216) Periodic review and administrative closure.      3.47(1) Periodic evaluation of evidence.  The executive director or designee may periodically review the complaint to determine whether further processing is warranted. When the periodic review occurs prior to the determination of probable cause, then the tier one investigative standard in subrule 3.26(5) applies. A complaint determined to not warrant further processing shall be administratively closed.    3.47(2) Uncooperative complainant.  A case file may be administratively closed at any time if the complainant cannot be contacted after diligent efforts or is uncooperative, causing unreasonable delay in the processing of the complaint.    3.47(3) Involuntary satisfactory adjustment.  A case file may be closed as satisfactorily adjusted when the respondent has made an offer of settlement acceptable to the executive director or designee but not to the complainant. Notice of intended closure shall state reasons for closure and be mailed to the complainant. The complainant is allowed 30 days to provide written reasons why the case file should remain open. The executive director or designee will review the response and notify the complainant of the decision.     3.47(4) Frivolous complaints.  Following jurisdictional review, the executive director or designee may determine that a complaint is frivolous and does not warrant further processing. The executive director or designee shall only make this determination in rare circumstances and will provide notice to the chairperson of the commission regarding each case file closed pursuant to this subrule. If a case file is closed pursuant to this subrule, the complainant is eligible to request a right to sue letter pursuant to the terms of Iowa Code section 216.16 and these rules. Consideration of a frivolous complaint may include the number of previous nonmeritorious complaints filed by the complainant within the previous year.     3.47(5) Litigation review.  The complaint may be administratively closed after a probable cause determination has been made when it is determined that the record does not justify proceeding to a public hearing. A complainant may not request to reopen the complainant’s case file when the file was administratively closed following litigation review.

161—3.48()    Reserved.

161—3.49()    Reserved.

161—3.50(216) Procedure to reopen.      3.50(1) Request for reopening of case file within 30 days.      a.    Within 30 days following the notice of the conclusion of the investigation, a party can file an intra-agency appeal. The party shall state the reasons in writing for appeal and submit any additional documentation. Within 30 days of the intra-agency appeal, the director or designee shall review the appeal. The executive director shall affirm, modify, reverse, or remand. If the case file is remanded, the executive director or designee shall transfer the case file to investigative staff for further processing.     b.    The commission shall notify all parties upon receipt of any intra-agency appeal. All parties shall have 14 days to provide any response to the appeal for the executive director’s or designee’s consideration.    3.50(2) Reopening of an administratively closed case file after 30 days.      a.    The commission may reopen a case file at any time a right to sue letter could have been issued under Iowa Code section 216.16(3)“a,” unless otherwise provided in these rules, and where the closure was affected by any of the following:    (1)   False, fraudulent, or material misrepresentation of information provided to the commission concerning a material issue in the case file by the respondent, a witness, or some other person not the complainant; or    (2)   Error by the commission staff.     b.    The executive director or designee shall consider the information discovered under subparagraphs 3.50(2)“a”(1) and 3.50(2)“a”(2) and determine whether the complaint requires further action.     c.    If it is determined that further action is necessary, the parties or their attorneys shall be notified of the reopening of the case file. If requested by the commission, the parties shall have 30 days to submit their written positions regarding the alleged new information.     3.50(3) No probable cause determination reopening.  The commission may reopen a case file within one year of a no probable cause determination where the determination was affected by any of the following:    a.    Fraud perpetrated upon the commission by some person who is not the complainant; or    b.    Material misrepresentations.    3.50(4) Reopening from breach of settlement agreement.      a.    If a party breaches a settlement agreement, the aggrieved party may seek redress with the commission or in district court.     b.    If the aggrieved party seeks commission engagement, that party has 90 days from the time of an alleged breach of a settlement agreement to request the case file be reopened to continue the investigative process, but only if all the following apply:     (1)   The commission is not a party to the settlement agreement;     (2)   The requesting party agrees the settlement agreement is null and void; and    (3)   The requesting party waives and releases any rights to seek specific performance or damages for the alleged breach in district court.     c.    All parties shall be notified that a request for reopening has been made. A copy of the request for reopening shall be provided to all parties. The parties shall be afforded no less than 14 days and no more than 30 days to submit their written position and any supporting documents regarding the request. The executive director or designee shall determine whether the agreement has been breached or the nonrequesting party failed to negotiate the agreement in good faith. If it is determined that a material breach occurred, the parties or their attorneys shall be notified of the reopening of the case file and the case file will be referred for further processing.

161—3.51()    Reserved.

161—3.52()    Reserved.

161—3.53()    Reserved.

161—3.54()    Reserved.

161—3.55()    Reserved.

161—3.56(216) Access to file information.      3.56(1)   Disclosure of the existence or contents of a case file is prohibited except in the following circumstances:    a.    Upon filing an appeal in district court of a final action, parties and their attorneys may access their case file.     b.    When a case has been set for a contested case hearing and notice has been mailed, parties and their attorneys may access their case file through discovery pursuant to rule 161—4.7(17A).    c.    Parties and their attorneys may access the case file upon appeal of a decision rendered by the commission in a contested case. The introduction of documents into evidence from a case file during a contested case hearing does not waive the confidentiality of other documents within that case file.     3.56(2)   Attorneys seeking access to case files must provide written notification of representation.

161—3.57(216) Miscellaneous.      3.57(1) Conflicts prohibited.  The administrative law judge designated to issue a determination will not serve as administrative law judge in the contested case hearing for the same case file.     3.57(2) Injunctions.  If the executive director or designee determines that a complainant may be irreparably injured before a contested case hearing, the executive director or designee may direct an attorney for the commission to seek appropriate injunctive relief to preserve the rights of the complainant and the public interest.       These rules are intended to implement Iowa Code chapter 216.
ARC 7313CCivil Rights Commission[161]Notice of Intended Action

Proposing rulemaking related to discrimination in employment and providing an opportunity for public comment

    The Civil Rights Commission hereby proposes to rescind Chapter 8, “Discrimination in Employment,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Executive Order 10.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code chapter 216.Purpose and Summary    The purpose of proposed Chapter 8 is to implement the Iowa Civil Rights Act by providing parameters and expectations regarding the complaint process for discrimination complaints in employment based on protected bases.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Commission for a waiver of the discretionary provisions, if any, pursuant to 161—Chapter 15.Public Comment     Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Commission no later than 4:30 p.m. on January 16, 2024. Comments should be directed to: Jacob Bennington Iowa Civil Rights Commission 6200 Park Avenue, Suite 100 Des Moines, Iowa 50321 Phone: 515.281.4482 Email: jacob.bennington@iowa.gov Public Hearing    Public hearings at which persons may present their views orally or in writing will be held as follows: January 16, 2024 10 a.m. 6200 Park Avenue, Suite 100 Des Moines, Iowa February 16, 2024 10 a.m. 6200 Park Avenue, Suite 100 Des Moines, Iowa     Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.     Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Commission and advise of specific needs. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rulemaking action is proposed:

    ITEM 1.    Rescind 161—Chapter 8 and adopt the following new chapter in lieu thereof: CHAPTER 8DISCRIMINATION IN EMPLOYMENT

161—8.1(216) Definitions.          "Has a record of such an impairment" means having a history of, or being misclassified as having, a mental or physical impairment that substantially limits a major life activity.        "Major life activities" includes but is not limited to caring for oneself, manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.        "Physical or mental impairment" includes:
  1. Physiological disorders or conditions, cosmetic disfigurements, or anatomical loss affecting any of the following systems: neurological; musculoskeletal; special sense organs; respiratory and speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic or lymphatic; skin; and endocrine; or
  2. Mental or psychological disorders such as intellectual disabilities, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
        "Regarded as having an impairment" means:
  1. The perception of having an impairment that substantially limits major life activities; or
  2. Having an impairment that substantially limits major life activities because of others’ attitudes toward the impairment.
        "Substantially disabled" means having a physical or mental impairment that substantially limits a major life activity, having a record of such impairment, or being regarded as having an impairment.

161—8.2(216) Bona fide occupational qualifications.      8.2(1)   An employer, employment agency, or labor organization may take action otherwise prohibited under commission rules where the protected basis is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business.    8.2(2)   Bona fide occupational qualifications are narrow in scope and do not include convenience or an employer’s preferences.     8.2(3)   An employer or employment agency’s following of federal or state statutes or regulations establishing employment standards is not illegal discrimination when the standards are bona fide occupational qualifications.     8.2(4)   A bona fide occupational qualification will also be recognized where there exist special, individual occupational circumstances such as acting or modeling.    8.2(5)   Bona fide occupational qualifications do not include assumptions about a protected basis, comparative characteristics of a protected basis, and stereotypes based on a protected basis.    8.2(6)   No publication shall advertise employment opportunities containing any indication of a preference, limitation, or restriction based upon age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability, unless there is a bona fide occupational qualification.

161—8.3(216) Preemployment inquiries.      8.3(1)   Preemployment inquiries into an applicant’s membership in a protected class are not prohibited so far as necessary to determine an applicant’s bona fide occupational qualification for the position. The burden to show the existence of a bona fide occupational qualification shall be on the employer, employment agency, or labor organization.     8.3(2)   This rule does not prohibit inquiry:     a.    As to whether a job applicant is over 18 years of age, or     b.    For postemployment inquiries regarding age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability for legitimate record-keeping purposes.    8.3(3)   An employment interviewer shall not ask about a disability unless the inquiry is made in good faith for a nondiscriminatory purpose.

161—8.4()    Reserved.

161—8.5()    Reserved.

161—8.6()    Reserved.

161—8.7()    Reserved.

161—8.8()    Reserved.

161—8.9()    Reserved.

161—8.10()    Reserved.

161—8.11(216) Reasonable accommodations—assessment and placement.      8.11(1)   Employers shall accommodate the known physical or mental limitations of qualified disabled applicants or employees, unless doing so would result in an undue hardship. Employers cannot deny employment to qualified disabled employees or applicants due to their need for reasonable accommodation.    8.11(2)   Reasonable accommodation may include:    a.    Making facilities readily accessible to individuals with disabilities; and    b.    Job restructuring, modified work schedules, acquisition or modification of equipment or devices, readers or interpreters, or similar actions.    8.11(3)   In determining whether an accommodation would impose an undue hardship on an employer, factors to be considered may include:    a.    The size of the employer, including the number of employees, number and type of facilities, and budget;    b.    The nature of the employer’s operation, including the composition and structure of its workforce; and    c.    The nature and cost of the accommodation.

161—8.12(216) Physical examinations.      8.12(1)   If examinations or assessments are required, they should be designed to determine whether an applicant:    a.    Has the ability to perform the duties of the position.    b.    Is qualified to do the work without adverse consequences such as creating a danger to the life or health of others.    c.    Is professionally competent or has the necessary skills or ability to become professionally competent to perform the duties of the job.    8.12(2)   Physical standards for employment must be reasonable and based on complete, factual information about job duties, working conditions, hazards, and essential physical requirements.

161—8.13(216) Disability arising during employment.  When an individual becomes disabled during employment, the employer shall provide reasonable accommodations pursuant to rule 161—8.11(216).

161—8.14()    Reserved.

161—8.15()    Reserved.

161—8.16()    Reserved.

161—8.17()    Reserved.

161—8.18()    Reserved.

161—8.19()    Reserved.

161—8.20()    Reserved.

161—8.21()    Reserved.

161—8.22()    Reserved.

161—8.23()    Reserved.

161—8.24()    Reserved.

161—8.25(216) Retirement plans and benefit systems.      8.25(1)   An employer shall not be required to:    a.    Hire back an employee following retirement; or    b.    Hire an applicant for employment whose age is the retirement age under the employer’s retirement plan or benefit system provided that the plan or system is not a mere subterfuge for the purpose of evading the provisions of the Iowa civil rights Act of 1965.    8.25(2)   Retirement plans shall not require involuntary retirement of a person under the age of 70 because of the person’s age, except where otherwise provided in state law.    8.25(3)   Mandatory retirement based on age will not be applied to members of the Iowa public employees’ retirement system.    8.25(4)   Employer contributions to insurance, pension, and other programs are not a violation of the Act if those contributions are the same for each employee or if the resulting benefits are equal.        These rules are intended to implement Iowa Code chapter 216.
ARC 7315CEducation Department[281]Notice of Intended Action

Proposing rulemaking related to students first act—education savings accounts and providing an opportunity for public comment

    The State Board of Education hereby proposes to amend Chapter 20, “Students First Act—Education Savings Accounts,” Iowa Administrative Code.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 257.11B as enacted by 2023 Iowa Acts, House File 68.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code section 257.11B as enacted by 2023 Iowa Acts, House File 68.Purpose and Summary    The current definition of “annual income” in subrule 20.1(1) refers to “net income.”  The Department of Education has received technical assistance to ensure that the term “net income” will no longer appear in the pertinent provisions of the Iowa Code.  The technical correction proposed by this rulemaking addresses this change in a nonsubstantive manner.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the State Board for a waiver of the discretionary provisions, if any, pursuant to 281—Chapter 4.Public Comment     Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on January 16, 2024. Comments should be directed to: Thomas A. Mayes Department of Education Grimes State Office Building, Second Floor 400 East 14th Street Des Moines, Iowa 50319-0146 Phone: 515.281.8661 Email: thomas.mayes@iowa.gov Public Hearing     No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rulemaking may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rulemaking action is proposed:

    ITEM 1.    Amend subrule 20.1(1) as follows:    20.1(1)   “Annual income” means the same as “net income” as defined in Iowa Code section 422.7 in effect for the year preceding an applicationline 4 of the 2023 IA 1040 (Iowa taxable income). In calculating annual income, the department shall use information from the last year’s state tax form and need not include income of individuals who have no legal obligation to provide support to the student unless said individual is married to the parent or guardian who is responsible for financially supporting the student. If “annual income” cannot be clearly determined through review of the submitted tax return, the department director has authority to request additional information and determine eligibility. The department director may consider income reductions after the filing of the preceding year’s tax return. This subrule applies only for school years beginning July 1, 2023, and July 1, 2024; it will cease to be applicable by operation of law on July 1, 2025.
ARC 7205CEnvironmental Protection Commission[567]Notice of Intended Action

Proposing rulemaking related to operations and providing an opportunity for public comment

    The Environmental Protection Commission (Commission) hereby proposes to rescind Chapter 1, “Operation of Environmental Protection Commission,” Iowa Administrative Code, and to adopt a new Chapter 1 with the same title.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code sections 17A.3 and 455A.6.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code chapters 17A and 455A.Purpose and Summary    Chapter 1 governs the conduct, structure, and business operations of the Commission.  Consistent with Executive Order 10 (January 10, 2023) and the five-year review of rules in Iowa Code section 17A.7(2), this chapter was edited for length and clarity. Specifically, the proposed new chapter reduces and consolidates the rules.  This is accomplished by rescinding outdated provisions and by removing those redundant to statute, including particular provisions around conflict of interest found in Iowa Code chapter 68B and associated rules.  The proposed chapter has also been streamlined as much as possible, stating the conduct, structure, and business operations of the Commission more succinctly and clearly than before.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found. Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department of Natural Resources (Department) for a waiver of the discretionary provisions, if any, pursuant to 561—Chapter 10. Public Comment     Any interested person may submit comments concerning this proposed rulemaking. Written comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on January 26, 2024. Comments should be submitted electronically to Kelli Book via email and include “EPC Chapter 1 comments” in the subject of the email. Comments should be directed to: Kelli Book Iowa Department of Natural Resources Wallace State Office Building 502 East Ninth Street Des Moines, Iowa 50319 Fax: 515.725.8201 Email: kelli.book@dnr.iowa.gov Public Hearing     Two public hearings at which persons may present their views orally or in writing will be held as follows. Upon arrival, attendees should proceed to the fourth floor to check in at the Department reception desk and be directed to the appropriate hearing location: January 17, 2024 1 to 2 p.m. DNR—Conference Room 5 West Wallace State Office Building Des Moines, Iowa January 24, 2024 9 to 10 a.m. DNR—Conference Room 5 East Wallace State Office Building Des Moines, Iowa     Persons who wish to make oral comments at a public hearing will be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.     The hearings will also be available online. A virtual link will be provided to those who make a request to take part in the hearings virtually. The request for the link shall be submitted to Ms. Book prior to the meeting date. Persons who wish to make oral comments at a public hearing will be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking. Any persons who intend to attend a hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rulemaking action is proposed:

    ITEM 1.    Rescind 567—Chapter 1 and adopt the following new chapter in lieu thereof: CHAPTER 1TITLE IGENERALOPERATION OF ENVIRONMENTAL PROTECTION COMMISSION[Prior to 12/3/86, see Water, Air and Waste Management[900] Ch 2]

567—1.1(17A,455A) Scope.  This chapter governs the conduct of business by the environmental protection commission. Rulemaking proceedings and contested case proceedings are governed by other departmental rules.

567—1.2(17A,455A) Meeting location and notification.      1.2(1) Time of meetings.  The commission generally meets monthly, but is required to meet at least quarterly. The director, chairperson, or a majority of commissioners may establish meetings.    1.2(2) Notification of meetings.  The director will provide public notice of all meeting dates, locations, and agendas.    a.    Notice of meetings is given by posting the agenda. The agenda lists the time, date, location, and topics to be discussed at the meeting. The agenda may include a specific time for the public to address the commission on any issue related to the duties and responsibilities of the commission, except as otherwise provided in these rules.    b.    The agenda for each meeting will be posted at the department’s main headquarters and on the department’s website. The agenda will be provided to anyone who files a request with the department. The final agenda will be posted at least 24 hours prior to the meeting, unless for good cause such notice is impossible or impractical, in which case as much notice as is reasonably possible will be given. Any additions to the agenda after posting and distribution will be posted at least 24 hours prior to the meeting, unless for good cause such notice is impossible or impractical, in which case as much notice as is reasonably possible will be given. The commission may adopt additions to the agenda at the meeting only if good cause exists requiring expeditious discussion or action. The reasons and circumstances necessitating agenda additions, or those given less than 24 hours’ notice by posting, shall be stated in the minutes of the meeting.    c.    Written materials provided to the commission with the agenda may be examined by the public. Copies of the materials may be distributed at the discretion of the director. The director may require a fee to cover the reasonable cost to the department to provide the copies, in accordance with rules of the department.

567—1.3(17A,455A) Attendance and participation by the public.      1.3(1) Attendance.  All meetings are open to the public. The commission may exclude the public from portions of the meeting in accordance with Iowa Code section 21.5.    1.3(2) Participation.      a.    Items on agenda.Presentations to the commission may be made at the discretion of the chairperson.    b.    Items not on agenda.The commission will not act on a matter not on the agenda, except in accordance with paragraph 1.2(2)“b.” Persons who wish to address the commission on a matter not on the agenda should file a request with the director to place that matter on the agenda of the subsequent meeting.    c.    Meeting decorum.The chairperson may limit participation as necessary for the orderly conduct of agency business. Cameras and recording devices may be used during meetings provided they do not interfere with the orderly conduct of the meeting. The chairperson may order the use of these devices discontinued if they cause interference and may exclude those persons who fail to comply with that order.

567—1.4(17A,455A) Quorum and voting requirements.      1.4(1) Quorum.  Five or more commissioners present at a meeting constitute a quorum.    1.4(2) Voting.      a.    Voting requirements if eight or nine commissioners are currently appointed.If eight or nine commissioners are currently appointed to the environmental protection commission by the governor, then the affirmative votes of five or more commissioners shall be required to act on any matter within the jurisdiction of the commission.    b.    Voting requirements if seven or fewer commissioners are currently appointed.If seven or fewer commissioners are currently appointed to the environmental protection commission by the governor, then the affirmative votes of four or more commissioners shall be required to act on any matter within the jurisdiction of the commission.    c.    Voting requirements to go into closed session.Notwithstanding paragraph 1.4(2)“a” or 1.4(2)“b,” a vote to go into closed session shall require the concurrence of six or more members of the commission or the concurrence of all members present if fewer than six members are present.

567—1.5(17A,455A) Conduct of meeting.      1.5(1) General.  Meetings will be conducted in accordance with Robert’s Rules of Order unless otherwise provided in these rules. Voting will be by voice or by roll call. Voting will be by voice unless a voice vote is inconclusive, a member of the commission requests a roll call, or the vote is on a motion to close a portion of a meeting. The chairperson will announce the result of the vote.    1.5(2) Voice votes.  All commission members present should respond when a voice vote is taken.    a.    All members present will be recorded as voting aye on any motion when there are no nay votes or abstentions heard.    b.    Any member who abstains will state at the time of the vote the reason for abstaining. The abstention and the reason for it will be recorded in the minutes.    1.5(3) Provision of information.  The chairperson may recognize any agency staff member for the provision of information relative to an agenda item.

567—1.6(17A,455A) Minutes, transcripts, and recordings of meetings.      1.6(1) Audio recordings.  The director may record each meeting and shall record each closed session.    1.6(2) Minutes.  The director will keep minutes of each meeting. Minutes will be reviewed and approved by the commission.

567—1.7(17A,455A) Officers and duties.      1.7(1) Officers.  The officers of the commission are the chairperson, the vice chairperson, and the secretary.    1.7(2) Duties.  The chairperson will preside at meetings and will exercise the powers conferred upon the chairperson. The vice chairperson will perform the duties of the chairperson when the chairperson is absent or when directed by the chairperson. The secretary will make recommendations to the commission on approval or revision of the minutes and act as parliamentarian.    1.7(3) Elections.  Officers will be elected annually during May.    1.7(4) Succession.      a.    If the chairperson does not serve out the elected term, the vice chairperson will succeed the chairperson for the remainder of the term. A special election will be held to elect a new vice chairperson to serve the remainder of the term.    b.    If the vice chairperson does not serve out the elected term, a special election will be held to elect a new vice chairperson to serve the remainder of the term.    c.    If the secretary does not serve out the elected term, a special election will be held to elect a new secretary to serve the remainder of the term.

567—1.8(17A,455A) Sales and leases of goods and services.      1.8(1) Sales and leases.  The general provisions for the sales and leases of goods and services by commission members is governed by rule 351—6.11(68B).    1.8(2) Consent by rule.  The commission concludes that sales or leases of goods or services described in this paragraph do not, as a class, constitute the sale or lease of a good or service which affects an official’s functions. Application and department approval are not required for these sales or leases unless there are unique facts surrounding a particular sale or lease which would cause that sale or lease to affect the official’s duties or functions, would give the buyer an advantage in its dealings with the department, or would otherwise present a conflict of interest.Sales or leases for which consent is granted by rule are:    a.    Nonrecurring sale or lease of goods and services if the official is not engaged for profit in the business of selling or leasing those goods or services.    b.    Sale or lease of farm products at market prices to a buyer ordinarily engaged in the business of purchasing farm products.    c.    Sale or lease of goods to general public at an established retail or consignment shop.    d.    Sale or lease of legal, mechanical, or other services at market or customary prices. However, if an official’s client or customer has a matter for decision before the commission, the official shall not participate in the discussion and voting on that matter unless consent has been obtained.    e.    Sale or lease of goods at wholesale prices to a buyer ordinarily engaged in the business of purchasing wholesale goods for retail sale.    f.    Sale or lease of creative works of art, including but not limited to sculpture and literary products, at market, auction, or negotiated prices. However, if an official’s customer has a matter for decision before the commission directly or indirectly involving that good, the official shall not participate in the discussion and voting on that matter unless consent has been obtained.    g.    Sale or lease of goods to general public at market or franchiser-established prices. However, if an official’s customer has a matter for decision before the commission, the official shall not participate in the discussion and voting on that matter unless consent has been obtained.        These rules are intended to implement Iowa Code sections 17A.3(1)“a” and 455A.6.
ARC 7206CEnvironmental Protection Commission[567]Notice of Intended Action

Proposing rulemaking related to inspections, compliance, self-audits, and enforcement and providing an opportunity for public comment

    The Environmental Protection Commission (Commission) hereby proposes to rescind Chapter 3, “Submission of Information and Complaints—Investigations,” and Chapter 10, “Administrative Penalties”; to adopt a new Chapter 10, “Complaints, Audits, Enforcement Options and Administrative Penalties”; and to rescind Chapter 12, “Environmental Self-Audits,” and Chapter 17, “Compliance and Enforcement Procedures,” Iowa Administrative Code.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code sections 17A.3, 455B.105(3), 455B.109 and 455K.12.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code section 17A.7 and Executive Order 10 (January 10, 2023).Purpose and Summary    The Commission proposes this Notice of Intended Action to rescind Chapters 3, 12, and 17 and to rescind and replace Chapter 10.     Chapters 3, 12, and 17 govern environmental inspections, compliance, self-audits, and enforcement. Chapter 10 contains rules for assessing administrative penalties in enforcement actions. All of the chapters are proposed to be edited for length and clarity and consolidated into new Chapter 10.     In more detail, the proposed new Chapter 10 will: (1) provide guidelines for submitting and responding to complaints; (2) provide the procedures for self-disclosures of environmental violations, which may result in immunity from administrative penalties; (3) identify the Department of Natural Resources’ (Department’s) compliance and enforcement framework; and (4) provide the policies and procedures for the assessment of administrative penalties.    Consistent with Executive Order 10 and the five-year review of rules in Iowa Code section 17A.7(2), all of these chapters are edited for length and clarity. Additionally, several provisions in the merged chapters are repetitive to underlying statute and are proposed to be removed.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found. Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 561—Chapter 10. Public Comment     Any interested person may submit comments concerning this proposed rulemaking. Written comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on January 26, 2024. Comments should be submitted electronically to Kelli Book via email and include “Chapter 10 comments” in the subject of the email. Comments should be directed to: Kelli Book Iowa Department of Natural Resources Wallace State Office Building 502 East Ninth Street Des Moines, Iowa 50319 Fax: 515.725.8201 Email: kelli.book@dnr.iowa.gov Public Hearing    Two public hearings at which persons may present their views orally or in writing will be held as follows. Upon arrival at the January 16, 2024, hearing, attendees should proceed to the fourth floor to check in at the Department reception desk and be directed to the appropriate hearing location: January 16, 2024 1:30 to 3:30 p.m. DNR—Conference Room 5 East Wallace State Office Building Des Moines, Iowa January 25, 2024 10 to 11:30 a.m. Via video/conference call     Persons who wish to make oral comments at a public hearing will be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.     The January 25, 2024, hearing will be a virtual meeting only. A link for the virtual meeting will be provided to those who make a request to take part in the virtual hearing. The request for the link shall be submitted to Ms. Book via email by 8 a.m. on January 25, 2024. Any persons who intend to attend a hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rulemaking action is proposed:

    ITEM 1.    Rescind and reserve 567—Chapter 3.

    ITEM 2.    Rescind 567—Chapter 10 and adopt the following new chapter in lieu thereof: CHAPTER 10COMPLAINTS, AUDITS, ENFORCEMENT OPTIONS AND ADMINISTRATIVE PENALTIESDIVISION I COMPLAINTS AND INVESTIGATIONS

567—10.1(455B) Complaints and investigations.  The process to submit a complaint and to investigate a complaint is as follows:    10.1(1) Submission requirements and investigations.  Complaints concerning alleged violations of departmental statutes or rules should be submitted to the appropriate department office, and the nature of the complaint must be summarized in a concise manner. Complaints will be investigated by the department if it appears that an investigation is needed to ensure compliance with applicable departmental statutes or rules.    10.1(2) Known source of complaints.  In the case of a known complainant, the appropriate department office shall notify the complainant of the investigation results or of its decision not to investigate the complaint.    10.1(3) Anonymous complaints.  Complaints may be submitted by anonymous sources and will be handled as discretionary investigations. In these cases, the department will not be able to notify the complainants of the results of the investigations.       This rule is intended to implement Iowa Code sections 455B.105(3) and 17A.3(1).

567—10.2()    Reserved.

567—10.3()    Reserved.

567—10.4()    Reserved.

567—10.5()    Reserved.

567—10.6()    Reserved.

567—10.7()    Reserved.

567—10.8()    Reserved.

567—10.9()    Reserved.DIVISION IIENVIRONMENTAL AUDITS

567—10.10(455K) Environmental audits.  This part sets forth rules governing voluntary disclosure of environmental noncompliance discovered as a result of an environmental self-audit conducted by or on behalf of a facility owner or operator under the provisions of Iowa Code chapter 455K.

567—10.11(455K) Notice of audit.      10.11(1)   If a notice of audit is provided to the department, it must be submitted in writing and include the following information:    a.    The name and location (address and city) of the facility to be audited;    b.    The description of the facility or portion of the facility, activity, operation or management system to be audited, including applicable department permits or registration numbers;    c.    The anticipated audit initiation date (day, month, and year);    d.    The general scope of audit, with sufficient detail to determine if discovered violations would be included. If the scope of the audit changes before it is completed, an amended notice shall be submitted promptly;    e.    The names of the persons conducting the audit; and    f.    The anticipated audit completion date, not to exceed six calendar months.    10.11(2)   The department will provide written acknowledgment of receipt for notices of audit, which will include an assigned identification number.

567—10.12(455K) Request for extension.  If notice of audit is given to the department, the audit must be completed within a reasonable time, not to exceed six calendar months from the date the notice of audit is received by the department unless a written request for extension has been filed with and granted by the department.    10.12(1)   A request for extension must be filed in writing with the department at least 30 calendar days prior to expiration of the initial six-month period and provide sufficient information for the department to determine whether reasonable grounds exist to grant an extension.    10.12(2)   The department will provide written determination either granting or denying a request for extension within 15 calendar days of receipt.

567—10.13(455K) Disclosure of violation.  An owner or operator wishing to take advantage of the immunity provisions of Iowa Code chapter 455K must make a prompt voluntary disclosure to the department regarding an environmental violation which is discovered through an environmental audit.    10.13(1)   A disclosure of violation must be sent to the department in writing and include the following information:    a.    Reference to the date of the relevant notice of audit and assigned identification number;    b.    Time of initiation and completion of the audit, if applicable;    c.    The names of the person or persons conducting the audit;    d.    Affirmative assertion that a violation has been discovered;    e.    Description of the violation and reason for believing a violation exists;    f.    Date of discovery of the violation and interim measures, if applicable, to abate the violation;    g.    Duration of the violation if it can be determined; and    h.    The status and schedule of proposed final corrective measures, if applicable.    10.13(2)   The department will provide written acknowledgement of receipt of a disclosure of violation, which will include either concurrence or rejection of the proposed final corrective measures and schedule.

567—10.14(455K) Public information.  A notice of audit, request for extension, and disclosure of violation documents are considered public information. Copies of the environmental audit report should not be submitted to the department.       These rules are intended to implement Iowa Code chapter 455K.

567—10.15()    Reserved.

567—10.16()    Reserved.

567—10.17()    Reserved.

567—10.18()    Reserved.

567—10.19()    Reserved.DIVISION III ENFORCEMENT OPTIONS

567—10.20(455B) Enforcement options.  In addition to administrative and civil actions for monetary penalty, the following enforcement options are available to the department to obtain information and seek compliance.    10.20(1) Informal meeting.  Department staff may attempt to resolve a potential violation or obtain additional information with an informal meeting. The discussion will usually focus on corrective actions to be taken, and in most instances, only department staff and the facility representative will be present.    10.20(2) Letter of inquiry (LOI).  The purpose of an LOI is to allow the regulated entity the opportunity to provide information that would be helpful for a determination of whether a violation has occurred.    10.20(3) Letter of noncompliance (LNC).  An LNC may be used when no environmental harm or threat to human health or safety has occurred or is imminent, the regulated entity is not a repeat offender, the corrective action is not deemed an emergency, or the violation is considered insignificant. The letter is intended to provide the regulated entity with an opportunity to correct the identified deficiencies prior to further enforcement activity. In an LNC, the department may suggest remedial measures, set a date for returning to compliance, or request a response from the regulated entity within a specific time period as to how the identified problems will be resolved.    10.20(4) Notice of violation (NOV).  When the other compliance and enforcement activities described in this division are not appropriate for a violation, or when the regulated entity has not returned to compliance, the department may issue an NOV. An NOV may be used when environmental harm or a threat to human health or safety has occurred or is imminent, a regulated entity is a repeat offender, a corrective action is deemed an emergency, or a violation is considered significant. An NOV identifies the nature of the violation and any required corrective action.

567—10.21(455B) Options to respond.  Upon receiving an LOI, LNC, or NOV, a regulated entity has the option to respond to the department, even if a response is not specifically requested. In responding to an LNC or NOV, the regulated entity should clearly outline any disagreements with the LNC or NOV, provide any pertinent additional information, describe any current or planned corrective action, and provide a schedule for returning to compliance. The department will review written information submitted in response to the compliance and enforcement procedures described in this part and will include this information in the file of record. Nothing in this chapter adds to or takes away from the appeal rights provided in Iowa Code chapter 17A.

567—10.22(455B) Department discretion.  At the department’s sole discretion, the department may follow the compliance and enforcement procedures described in this part, commence with an LNC or NOV, or forego these options and commence with an administrative action, or the department may request referral to the attorney general.       These rules are intended to implement Iowa Code sections 455B.105(3) and 17A.3(1).

567—10.23()    Reserved.

567—10.24()    Reserved.

567—10.25()    Reserved.

567—10.26()    Reserved.

567—10.27()    Reserved.

567—10.28()    Reserved.

567—10.29()    Reserved.DIVISION IVADMINISTRATIVE PENALTIES

567—10.30(455B) Criteria for screening and assessing administrative penalties.  All formal enforcement actions are processed through the environmental protection division administrator of the department. The administrator shall screen each case to determine the most equitable and efficient means of redressing and abating a violation. In screening a violation to determine which cases may be appropriate for administrative assessment of penalties or for purposes of assessing administrative penalties, the department will consider among other relevant factors the following:    10.30(1) Economic benefit.  Costs saved or likely to be saved by a violator’s noncompliance. Where a violator realizes an economic benefit through the violation or by not taking timely compliance or corrective measures, the department shall take enforcement action which includes penalties to offset the economic benefit. Reasonable estimates of economic benefit should be made where clear data are not available.    10.30(2) Gravity of the violation.  Factors include but are not limited to:    a.    The actual or threatened harm to the environment or public health and safety.    b.    Involvement of toxic or hazardous substances or potential long-term effects of the violation.    c.    The degree to which ambient or source-specific standards are exceeded, where pertinent.    d.    Federal program priorities, size of facility, or other pertinent factors.    e.    Whether the violation is repeated or whether it violates an administrative or court order.    f.    Whether the type of violation threatens the integrity of a regulatory program.    g.    Expenses or efforts by the government in detecting, documenting, or responding to a violation.    10.30(3) Culpability.  Factors include but are not limited to:    a.    The degree of intent or negligence. The standard of care required by the laws of the state of Iowa will be considered.    b.    Whether the case involves false reporting of required information, or tampering with monitoring devices.    c.    Whether the violator has taken remedial measures or mitigated the harm caused by the violation.    10.30(4) Deterrent.  Whether the assessment of administrative penalties appears to be the only or most appropriate way to deter future violations, either by the person involved or by others similarly situated.    10.30(5) Other relevant factors.  The department will consider other relevant factors which arise from the circumstances of each case.    10.30(6) Department discretion.  This screening procedure shall not limit the discretion of the department to refer any case to the attorney general for legal action, nor does this procedure require the commission or the director to pursue an administrative remedy before seeking a remedy in the courts of this state.

567—10.31(455B) Assessment of administrative penalties.  Except for operator discipline, administrative penalties shall be assessed through issuance of an administrative order or an administrative consent order of the director which recites the facts and the legal requirements which have been violated, and a general rationale for the prescribed penalty.    10.31(1) Administrative order or administrative consent order.  An administrative order or administrative consent order may include cumulative penalties up to $10,000 for multiple violations and may be combined with any other order authorized by statute for mandatory or prohibitory injunctive conditions. The administrative order is subject to contested case and appellate review. Operator discipline is governed by 567—Chapter 81.    10.31(2) Determination of amount.  The amount of penalty for each day of violation shall be determined from evaluation of the factors outlined in rule 567—10.30(455B). The actual or reasonably estimated economic benefit shall always be assessed.       These rules are intended to implement Iowa Code section 455B.109.

    ITEM 3.    Rescind and reserve 567—Chapter 12.

    ITEM 4.    Rescind and reserve 567—Chapter 17.
ARC 7207CEnvironmental Protection Commission[567]Notice of Intended Action

Proposing rulemaking related to delegation of construction permitting authority and providing an opportunity for public comment

    The Environmental Protection Commission (Commission) hereby proposes to rescind Chapter 9, “Delegation of Construction Permitting Authority,” Iowa Administrative Code.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code sections 455B.105 and 455B.173.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code section 17A.7 and Executive Order 10 (January 10, 2023).Purpose and Summary    This proposed rulemaking will rescind Chapter 9.  Importantly, the delegated authority program of Iowa Code section 455.183 will remain in full force and effect through the direct implementation of the statute.     The intended benefit of the chapter was to provide a framework for the water supply and wastewater extension delegated authority program in Iowa Code section 455B.183. However, the chapter is unnecessary for the implementation of the program due to the self-enacting nature of the Iowa Code provisions and the existence of statewide engineering design standards for drinking water and wastewater. The Department of Natural Resources (Department) intends to provide guidance to local permitting authorities to help the authorities’ proper implementation of the Iowa Code.Fiscal Impact    This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found. Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 561—Chapter 10. Public Comment     Any interested person may submit comments concerning this proposed rulemaking. Written comments in response to this proposed rulemaking must be received by the Department no later than 4:30 p.m. on January 18, 2024. Comments should be directed to: Adam Schnieders Iowa Department of Natural Resources Wallace State Office Building 502 East Ninth Street Des Moines, Iowa 50319 Email: adam.schnieders@dnr.iowa.gov Public Hearing     A public hearing at which persons may present their views orally will be held via conference call as follows. Persons who wish to attend the public hearing must contact Adam Schnieders via email. A virtual meeting link and conference call number will be provided prior to the hearing. Persons who wish to make comments at the public hearing must submit a request to Mr. Schnieders prior to the hearing to facilitate an orderly hearing. January 18, 2024 11 a.m. to 12 noonVia video/conference call     Persons who wish to make oral comments at the public hearing will be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.     Any persons who intend to attend the hearing and have special requirements, such as those related to hearing impairments, should contact the Department and advise of specific needs.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rulemaking action is proposed:

    ITEM 1.    Rescind and reserve 567—Chapter 9.
ARC 7222CEnvironmental Protection Commission[567]Notice of Intended Action

Proposing rulemaking related to tax certification of pollution control or recycling property and providing an opportunity for public comment

    The Environmental Protection Commission (Commission) hereby proposes to rescind Chapter 11, “Tax Certification of Pollution Control or Recycling Property,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 427.1(19)“d.”State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code section 427.1(19).Purpose and Summary    Chapter 11 clarifies the process and eligibility criteria for properties to obtain a pollution control or recycling certification from the Department of Natural Resources (Department). This certification allows the owner to apply for a property tax exemption through their local county assessor’s office.      Consistent with Executive Order 10 (January 10, 2023) and the five-year review of rules in Iowa Code section 17A.7(2), Chapter 11 was edited for length and clarity.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found. Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 567—Chapter 10.Public Comment     Any interested person may submit written comments concerning this proposed rulemaking. Written comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on January 17, 2024. Comments should be directed to: Amie Davidson Iowa Department of Natural Resources Wallace State Office Building 502 East Ninth Street Des Moines, Iowa 50319 Email: amie.davidson@dnr.iowa.gov Public Hearing    Two public hearings at which persons may present their views orally will be held via video/conference call as follows. Persons who wish to attend a conference call should contact Amie Davidson via email. A conference call number will be provided prior to the hearings. Persons who wish to make oral comments at a conference call public hearing must submit a request to Ms. Davidson prior to the hearing to facilitate an orderly hearing. January 16, 2024 1 p.m. Via video/conference call January 17, 2024 11 a.m. Via video/conference call     Persons who wish to make oral comments at a public hearing will be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.    Any persons who intend to attend a hearing and have special requirements, such as those related to hearing impairments, should contact the Department and advise of specific needs.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rulemaking action is proposed:

    ITEM 1.    Rescind 567—Chapter 11 and adopt the following new chapter in lieu thereof: CHAPTER 11TAX CERTIFICATION OF POLLUTION CONTROL OR RECYCLING PROPERTY[Prior Rules on the subject, DEQ Chs 12 and 23][Prior to 12/3/86, Water, Air and Waste Management[900]][Prior to 10/19/88, Environmental Protection Commission 567—Ch 8]

567—11.1(427) Form.  All requests for the department to certify air or water pollution control recycling property pursuant to Iowa Code section 427.1(19) shall be submitted on a form prescribed by the department. Through these forms, the department may request any information necessary to make a determination under 567—11.5(427).

567—11.2(427) Time of submission.  A request may be submitted at any time. Taxpayers are reminded that failure to dispatch a request sufficiently in advance of the February 1 deadline for filing with the assessing authority may cause the applicant to fail to qualify for the first possible annual exemption.

567—11.3(427) Notice.  The department shall notify the taxpayer of the decision within ten days of receipt of a complete request. The notice shall include either the certificate if the decision is to certify the property as requested, or a concise statement of reasons for denial if the decision is to deny the request or to certify a lesser portion of the property than requested. The determination of the department to deny or grant only a portion of the request may be appealed to the commission pursuant to 567—Chapter 7.

567—11.4(427) Issuance.  Upon the decision of the department or the commission on appeal to certify all or any portion of the property for which a request has been made, two copies of the certificate will be signed by the director or the director’s designee and mailed to the taxpayer. The certificate shall describe the property certified and state the date on which the department certified the property.

567—11.5(427) Criteria for determining eligibility.      11.5(1) General.  Property that has been installed and is used primarily to meet an effluent standard, a water quality standard, or an emission standard or to control hydrocarbons, fugitive dust, odors or other air contaminants in a reasonably adequate manner shall be considered to be used primarily to control or abate pollution of the water or air of the state. Property that has been installed to meet a standard more stringent than an emission or water quality standard shall be considered to be used primarily to enhance the quality of the water or air of the state. Personal property or improvements to real property as defined by Iowa Code section 427A.1 or any portion of the property used primarily in the manufacturing process and resulting directly in the conversion of waste plastic, wastepaper products, waste paperboard, waste glass, or waste wood into new raw materials or products composed primarily of recycled material shall be considered recycling property. Each request will be considered in the context of its particular circumstances.In the event that such property also serves other purposes or uses of productive benefit to the owner of the property, only such portion of the assessed valuation thereof as may reasonably be calculated to be necessary for and devoted to the control or abatement of pollution, to the enhancement of the quality of the air or water of this state, or for recycling shall be exempt from taxation.    11.5(2) Denial.  Property may be denied certification if it is not being operated in compliance with the rules of the department so as to effectively control or abate pollution or enhance the quality of the air or water of the state, or recycle property into new raw materials or products composed primarily of recycled material. Property that was constructed or installed without permits required from the department will be denied certification unless and until such time as the property has received after-the-fact approval from the department.       These rules are intended to implement Iowa Code section 427.1(19).
ARC 7208CEnvironmental Protection Commission[567]Notice of Intended Action

Proposing rulemaking related to environmental covenants and providing an opportunity for public comment

    The Environmental Protection Commission (Commission) hereby proposes to rescind Chapter 14, “Environmental Covenants,” Iowa Administrative Code.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 455A.6.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code section 17A.7 and Executive Order 10 (January 10, 2023).Purpose and Summary    This proposed rulemaking will rescind and reserve Chapter 14. The Uniform Environmental Covenants Act found in Iowa Code chapter 455I is self-enacting. Therefore, rules are neither necessary nor expressly authorized. Rescinding this chapter will not impact the Department of Natural Resources’ (Department’s) ability to enter into effective environmental covenants with interested landowners. Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found. Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 561—Chapter 10.Public Comment     Any interested person may submit comments concerning this proposed rulemaking. Written comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on January 17, 2024. Comments should be directed to: Keith Wilken Iowa Department of Natural Resources Wallace State Office Building 502 East Ninth Street Des Moines, Iowa 50319 Email: keith.wilken@dnr.iowa.gov Public Hearing     A public hearing at which persons may present their views orally will be held by conference call as follows. Persons who wish to attend the conference call should contact Keith Wilken via email. A conference call number will be provided prior to the hearing. Persons who wish to make oral comments at the conference call public hearing must submit a request to Mr. Wilken prior to the hearing to facilitate an orderly hearing. January 17, 2024 11 a.m. Via video/conference call     Persons who wish to make oral comments at the public hearing will be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.     Any persons who intend to attend the hearing and have special requirements, such as those related to hearing impairments, should contact the Department and advise of specific needs.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rulemaking action is proposed:

    ITEM 1.    Rescind and reserve 567—Chapter 14.
ARC 7225CEnvironmental Protection Commission[567]Notice of Intended Action

Proposing rulemaking related to cross-media electronic reporting and providing an opportunity for public comment

    The Environmental Protection Commission (Commission) hereby proposes to rescind Chapter 15, “Cross-Media Electronic Reporting,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code chapter 554D and section 455B.105.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code section 17A.7(2) and Executive Order 10 (January 10, 2023).Purpose and Summary    The Commission proposes to rescind and adopt a new Chapter 15. The proposed Chapter 15 will include an updated and streamlined rule for the implementation of the federal Cross-Media Electronic Reporting Rule (CROMERR).      The CROMERR requirements are established in 40 Code of Federal Regulations (CFR) Part 3. The requirements apply to persons and signatories who submit electronic reports or other documents to the Department of Natural Resources (Department) to satisfy requirements of 40 CFR for authorized environmental programs.Fiscal Impact    This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found. Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 561—Chapter 10. Public Comment     Any interested person may submit written comments concerning this proposed rulemaking. Written comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on January 30, 2024. Comments should be directed to: Jim McGraw Iowa Department of Natural Resources Wallace State Office Building 502 East Ninth Street Des Moines, Iowa 50319 Email: jim.mcgraw@dnr.iowa.gov Public Hearing    Two public hearings at which persons may present their views orally will be held via conference call as follows. Persons who wish to attend the public hearings should contact Jim McGraw via email or by phone at 515.689.1439. A virtual meeting link and conference call number will be provided prior to each hearing. The public hearing information will also be provided through the Air Quality e-newsletter (GovDelivery) and on the Department’s webpage at iowadnr.gov/Environmental-Protection/Air-Quality/Public-Participation (scroll down to Public Input and click on Executive Order 10 Implementation). Persons who wish to make comments at either of the public hearings must submit a request to Mr. McGraw prior to the hearing to facilitate an orderly hearing. January 29, 2024 1 p.m. Via video/conference call January 30, 2024 1 p.m. Via video/conference call     Persons who wish to make oral comments at a public hearing will be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.     Any persons who intend to participate in the hearings and have special requirements, such as those related to hearing or vision impairments, should contact the Department and advise of specific needs.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rulemaking action is proposed:

    ITEM 1.    Rescind 567—Chapter 15 and adopt the following new chapter in lieu thereof: CHAPTER 15CROSS-MEDIA ELECTRONIC REPORTING

567—15.1(455B,554D) Purpose.  This rule implements 40 CFR Part 3, the federal cross-media electronic reporting rule (CROMERR), as amended through November 17, 2009.    15.1(1) Applicability.  The provisions of 40 CFR Sections 3.1 and 3.2 are adopted by reference.    15.1(2) Definitions.      a.    For the purpose of this chapter, the following definitions in 40 CFR Section 3.3 are adopted by reference: “Authorized program,” “Copy of record,” “Electronic document,” “Electronic document receiving system,” “Electronic signature,” “Electronic signature agreement,” “Electronic signature device,” “Federal program,” “Handwritten signature,” and “Valid electronic signature.”    b.    The following definition applies to this chapter:        "Authorized signatory" means an individual authorized to sign documents under one or more authorized programs, in accordance with the specific requirements of each authorized program, and who signs a document submitted to one of the department’s electronic document receiving systems pursuant to an electronic signature agreement.    15.1(3) Use of electronic document receiving systems.      a.    Website announcement.When the director has announced on the department’s website that electronic documents are being accepted in lieu of paper to satisfy requirements under one or more authorized programs, individuals who submit such electronic documents must use the CROMERR-compliant electronic document receiving system or systems as specified by the department.    b.    Submittals requiring signature.Any electronic document submitted to the department must bear a valid electronic signature of an authorized signatory, if that signatory would be required under an authorized program to sign the paper document for which the electronic document substitutes.    c.    Submittals not requiring signature.If no signature is required under an authorized program, individuals may submit electronic documents in lieu of paper to satisfy requirements of such programs through one or more of the department’s CROMERR-compliant electronic document receiving systems without an electronic signature or an electronic signature agreement.    15.1(4) Electronic signature agreement (ESA).      a.    Agreement to be executed.In order to sign and submit electronic documents in one of the departments’ CROMERR-compliant electronic document receiving systems, a signatory must execute an ESA specific to that electronic document receiving system.    b.    Form and content of agreement.All ESAs shall include the information and follow the format defined by the department in the specific CROMERR-compliant electronic document receiving system.    c.    Verification.The identity and signature authority of each individual submitting an ESA shall be verified by the state of Iowa or by a third-party signature verification service. After verification, the department shall notify an individual electronically that electronic documents may be signed and submitted in a specific CROMERR-compliant electronic document receiving system.    d.    Certification.Each document submission authorized by an electronic signature shall contain the following statement: “I certify under penalty of law that I have had the opportunity to review, in human-readable format, the content of the electronic document to which I here certify and attest, and I further certify under penalty of law that, based on the information and belief formed after reasonable inquiry, the statements and information contained in this submission are true, accurate, and complete. I understand that making any false statement, representation, or certification of this submission may result in criminal penalties.”    15.1(5) Valid electronic signature.      a.    Signatory.An authorized signatory may not allow another individual to use the electronic signature device unique to the authorized signatory’s electronic signature.    b.    Unique signature device.When the electronic signature device is used to create an individual’s electronic signature, the code or mechanism must be unique to that individual at the time the signature is created and the individual must be uniquely entitled to use it. The signatory shall:    (1)   Protect the electronic signature device from compromise; and    (2)   Report to the department, within one business day of discovery, any evidence that the security of the device or the signatory’s electronic signature has been compromised.    15.1(6) Effect of electronic signature and enforcement.  The provisions of 40 CFR Section 3.4 are adopted by reference.       This chapter is intended to implement Iowa Code section 455B.105 and chapter 554D.
ARC 7221CEnvironmental Protection Commission[567]Notice of Intended Action

Proposing rulemaking related to revocation, suspension, and nonrenewal of license for failure to pay state liabilities and providing an opportunity for public comment

    The Environmental Protection Commission (Commission) hereby proposes to rescind Chapter 16, “Revocation, Suspension, and Nonrenewal of License for Failure to Pay State Liabilities,” Iowa Administrative Code.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 455A.6.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code section 17A.7 and Executive Order 10 (January 10, 2023).Purpose and Summary    The Commission proposes to rescind and reserve Chapter 16. This chapter is unnecessary. It is duplicative of underlying state law (Iowa Code section 272D.8(2)) and of other related rules promulgated by the Department of Natural Resources (Department) (561—Chapter 15). Fiscal Impact    This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found. Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 561—Chapter 10. Public Comment     Any interested person may submit comments concerning this proposed rulemaking. Written comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on January 16, 2024. Comments should be directed to: Tamara McIntosh Iowa Department of Natural Resources Wallace State Office Building 502 East Ninth Street Des Moines, Iowa 50319 Email: tamara.mcintosh@dnr.iowa.gov Public Hearing    A public hearing at which persons may present their views orally or in writing will be held as follows. Upon arrival, attendees should proceed to the fourth floor to check in at the Department reception desk and be directed to the appropriate hearing location: January 16, 2024 1 to 2 p.m. Conference Room 4 East Wallace State Office Building Des Moines, Iowa     Persons who wish to make oral comments at the public hearing will be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.    Any persons who intend to attend the hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rulemaking action is proposed:

    ITEM 1.    Rescind and reserve 567—Chapter 16.
ARC 7210CEnvironmental Protection Commission[567]Notice of Intended Action

Proposing rulemaking related to scope of title and providing an opportunity for public comment

    The Environmental Protection Commission (Commission) hereby proposes to rescind Chapter 20, “Scope of Title—Definitions,” Iowa Administrative Code.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 455B.133(3).State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code section 17A.7 and Executive Order 10 (January 10, 2023).Purpose and Summary    The Commission proposes to rescind Chapter 20. This chapter sets forth the scope of title and the definitions applicable to air quality rules in Chapters 20 through 35. After a review consistent with Executive Order 10, the Department of Natural Resources (Department) determined that the scope of title is no longer needed because the information is generally covered in Chapters 1 through 19. Further, the Department concluded that the relevant definitions would be more appropriately placed in the subject matter chapters, specifically Chapters 21, 22, and 23. Notices of Intended Action to rescind and adopt new Chapters 21 (ARC 7209C, IAB 12/27/23), 22 (ARC 7228C, IAB 12/27/23), and 23 (ARC 7215C, IAB 12/27/23) that include the appropriate definitions are proposed concurrently with this rulemaking. Rescission of Chapter 20 is therefore appropriate.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found. Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 561—Chapter 10. Public Comment     Any interested person may submit written comments concerning this proposed rulemaking. Written comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on January 29, 2024. Comments should be directed to: Christine Paulson Iowa Department of Natural Resources Wallace State Office Building 502 East Ninth Street Des Moines, Iowa 50319 Email: christine.paulson@dnr.iowa.gov Public Hearing     A public hearing at which persons may present their views orally will be held via conference call as follows. Persons who wish to attend the public hearing should contact Christine Paulson via email or by phone at 515.725.9510. A virtual meeting link and conference call number will be provided prior to the hearing. The public hearing information will also be provided through the Air Quality e-newsletter (GovDelivery) and on the Department’s webpage at iowadnr.gov/Environmental-Protection/Air-Quality/Public-Participation (scroll down to Public Input and click on Executive Order 10 Implementation). Persons who wish to make comments at the public hearing must submit a request to Ms. Paulson prior to the hearing to facilitate an orderly hearing. January 29, 2024 1 p.m. Via video/conference call     Persons who wish to make oral comments at the public hearing will be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.     Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing impairments, should contact the Department and advise of specific needs.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rulemaking action is proposed:

    ITEM 1.    Rescind and reserve 567—Chapter 20.
ARC 7209CEnvironmental Protection Commission[567]Notice of Intended Action

Proposing rulemaking related to emissions and providing an opportunity for public comment

    The Environmental Protection Commission (Commission) hereby proposes to rescind Chapter 21, “Compliance,” and to adopt a new Chapter 21, “Compliance, Excess Emissions, and Measurement of Emissions,” Iowa Administrative Code.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 455B.133.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code section 17A.7(2) and Executive Order 10 (January 10, 2023).Purpose and Summary    The Commission proposes to rescind and adopt a new Chapter 21. The proposed Chapter 21 will include the revised provisions for air quality compliance, excess emissions, and measurement of emissions, which are currently set forth in Chapter 21, “Compliance,” Chapter 24, “Excess Emission,” Chapter 25 “Measurement of Emissions,” Chapter 26, “Prevention of Air Pollution Emergency Episodes,” and Chapter 29, “Qualification in Visual Determination of the Opacity of Emissions.”     After a review consistent with Executive Order 10, the Department of Natural Resources (Department) determined that the rules in Chapters 21, 24, 25, 26, and 29 should be updated and placed in one chapter, specifically the new Chapter 21. Notices of Intended Action to rescind Chapters 25 (ARC 7218C, IAB 12/27/23), 26 (ARC 7224C, IAB 12/27/23), and 29 (ARC 7216C, IAB 12/27/23) are proposed concurrently with this rulemaking. An additional Notice is proposed concurrently to rescind Chapter 24 and adopt a new Chapter 24 (ARC 7213C, IAB 12/27/23) consisting of the provisions for air operating permits. New Chapter 21 will help to protect air quality for Iowa’s citizens by ensuring that emissions reporting, monitoring, and compliance continue and that the rules prescribing these activities are clear, current, and consolidated.Fiscal Impact    This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found. Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 561—Chapter 10. Public Comment     Any interested person may submit written comments concerning this proposed rulemaking. Written comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on January 30, 2024. Comments should be directed to: Christine Paulson Iowa Department of Natural Resources Wallace State Office Building 502 East Ninth Street Des Moines, Iowa 50319 Email: christine.paulson@dnr.iowa.gov Public Hearing     Two public hearings at which persons may present their views orally will be held via conference call as follows. Persons who wish to attend the public hearings should contact Christine Paulson via email. A virtual meeting link and conference call number will be provided prior to each hearing. The public hearing information will also be provided through the Air Quality e-newsletter (GovDelivery) and on the Department’s webpage at iowadnr.gov/Environmental-Protection/Air-Quality/Public-Participation (scroll down to Public Input and click on Executive Order 10 Implementation). Persons who wish to make oral comments at either of the public hearings must submit a request to Ms. Paulson prior to the hearing to facilitate an orderly hearing. January 29, 2024 1 p.m. Via video/conference call January 30, 2024 1 p.m. Via video/conference call     Persons who wish to make oral comments at a public hearing will be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.    Any persons who intend to participate in the hearings and have special requirements, such as those related to hearing impairments, should contact the Department and advise of specific needs.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rulemaking action is proposed:

    ITEM 1.    Rescind 567—Chapter 21 and adopt the following new chapter in lieu thereof: CHAPTER 21COMPLIANCE, EXCESS EMISSIONS, AND MEASUREMENT OF EMISSIONS[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) Definitions and compliance requirements.  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.    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 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.    21.1(4)   Reserved.    21.1(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.    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. 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.

567—21.2(455B) Variances.      21.2(1) Application for variances.  A person may make an 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 and state the following:    (1)   The name, address, email 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 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 of truth and accuracy by a responsible official as defined in 567—24.100(455B). 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.A person may make an application for a variance extension prior to expiration of an approved variance.    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 the following:    a.    Whether or not the emissions involved will produce the following effects:    (1)   Endanger or tend to endanger the health of persons residing in or otherwise occupying the area affected by said emissions.    (2)   Create or tend to create safety hazards, such as (but not limited to) interference with traffic due to reduced visibility.    (3)   Damage or tend to damage any property on land that is affected by said emissions and under other ownership.    b.    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.    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 21.2(4)“c.”    b.    Baseline testing.In addition to submitting the information required in 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 21.10(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.    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.    Ineligibility for variance.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 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).

567—21.3()   Reserved.

567—21.4(455B) Circumvention of rules.  No person shall build, erect, install, or use any article, machine, equipment, or other contrivance that conceals an emission that would otherwise constitute violation of these rules.

567—21.5(455B) Evidence used in establishing that a violation has occurred 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. The following testing, monitoring, or information-gathering methods are presumptively credible testing, monitoring, or information-gathering methods:    a.    A monitoring method approved for the source and incorporated in an operating permit pursuant to 567—Chapter 24;    b.    Compliance test methods specified in 567—21.10(455B);    c.    Testing or monitoring methods approved for the source in a construction permit issued pursuant to 567—Chapter 22;    d.    Any monitoring or testing methods provided in these rules; or    e.    Other testing, monitoring, or information-gathering methods that produce information comparable to that produced by any method in this subrule.    21.5(2)   Reserved.

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 two megawatts in capacity for a period of not longer than ten 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 ten 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(4), and a disaster may occur before, with, or without a gubernatorial or federal disaster proclamation.

567—21.7(455B) Excess emission reporting.      21.7(1) Excess emission during periods of startup, shutdown, or cleaning of control equipment.  Excess emission during a period of startup, shutdown, or cleaning of control equipment is not a violation of the emission standard if the startup, shutdown, or cleaning is accomplished expeditiously and in a manner consistent with good practice for minimizing emissions. Cleaning of control equipment that does not require the shutdown of the process equipment shall be limited to one six-minute period per one-hour period.    21.7(2) Initial report of excess emission.      a.    An incident of excess emission (other than an incident of excess emission during a period of startup, shutdown, or cleaning) shall be reported to the appropriate regional office of the department within eight hours of the onset of the incident or at the start of the first working day following the onset of the incident. The reporting exemption for an incident of excess emission during startup, shutdown, or cleaning does not relieve the owner or operator of a source with continuous monitoring equipment of the obligation of submitting reports required in 21.10(6).    b.    An initial report of excess emission is not required for a source with operational continuous monitoring equipment (as specified in 21.10(1)) if the incident of excess emission continues for less than 30 minutes and does not exceed the applicable emission standard by more than 10 percent or the applicable visible emission standard by more than 10 percent opacity.    c.    The initial report shall be made by electronic mail (email), in person, or by telephone and shall include at a minimum the following:    (1)   The identity of the equipment or source operation from which the excess emission originated and the associated stack or emission point.    (2)   The estimated quantity of the excess emission.    (3)   The time and expected duration of the excess emission.    (4)   The cause of the excess emission.    (5)   The steps being taken to remedy the excess emission.    (6)   The steps being taken to limit the excess emission in the interim period.    21.7(3) Written report of excess emission.  A written report of an incident of excess emission shall be submitted as a follow-up to all required initial reports to the department within seven days of the onset of the upset condition, and shall include as a minimum the following:    a.    The identity of the equipment or source operation point from which the excess emission originated and the associated stack or emission point.    b.    The estimated quantity of the excess emission.    c.    The time and duration of the excess emission.    d.    The cause of the excess emission.    e.    The steps that were taken to remedy and to prevent the recurrence of the incident of excess emission.    f.    The steps that were taken to limit the excess emission.    g.    If the owner claims that the excess emission was due to malfunction, documentation to support this claim.    21.7(4) Excess emissions.  An incident of excess emission (other than an incident during startup, shutdown, or cleaning of control equipment) is a violation. If the owner or operator of a source maintains that the incident of excess emission was due to a malfunction, the owner or operator must show that the conditions that caused the incident of excess emission were not preventable by reasonable maintenance and control measures. Determination of any subsequent enforcement action will be made following review of this report. If excess emissions are occurring, either the control equipment causing the excess emission shall be repaired in an expeditious manner or the process generating the emissions shall be shut down within a reasonable period of time. An expeditious manner is the time necessary to determine the cause of the excess emissions and to correct it within a reasonable period of time. A reasonable period of time is eight hours plus the period of time required to shut down the process without damaging the process equipment or control equipment. In the case of an electric utility, a reasonable period of time is eight hours plus the period of time until comparable generating capacity is available to meet consumer demand with the affected unit out of service, unless the director shall, upon investigation, reasonably determine that continued operation constitutes an unjustifiable environmental hazard, issue an order that such operation is not in the public interest, and require a process shutdown to commence immediately.

567—21.8(455B) Maintenance and repair requirements.      21.8(1) Maintenance and repair.  The owner or operator of any equipment or control equipment shall:    a.    Maintain and operate the equipment or control equipment at all times in a manner consistent with good practice for minimizing emissions.    b.    Remedy any cause of excess emissions in an expeditious manner.    c.    Minimize the amount and duration of any excess emission to the maximum extent possible during periods of such emissions. These measures may include but not be limited to the use of clean fuels, production cutbacks, or the use of alternate process units or, in the case of utilities, purchase of electrical power until repairs are completed.    d.    Implement measures contained in any contingency plan prepared in accordance with 21.8(2)“c.”    e.    Schedule, at a minimum, routine maintenance of equipment or control equipment during periods of process shutdown to the maximum extent possible.    21.8(2) Maintenance plans.  A maintenance plan will be required for equipment or control equipment where in the judgment of the director a continued pattern of excess emissions indicative of inadequate operation and maintenance is occurring. The maintenance plan shall include but not be limited to the following:    a.    A complete preventive maintenance schedule, including identification of the persons responsible for inspecting, maintaining, and repairing control equipment, a description of the items or conditions that will be inspected, the frequency of these inspections or repairs, and an identification of the replacement parts that will be maintained in inventory for quick replacement.    b.    An identification of the equipment and air pollution control equipment operating variables that will be monitored in order to detect a malfunction or failure, the normal operating range of these variables, and a description of the method of monitoring and surveillance procedures.    c.    A contingency plan for minimizing the amount and duration of any excess emissions to the maximum extent possible during periods of such emissions.

567—21.9(455B) Compliance with other requirements.  The excess emissions provisions in 567—21.7(455B) and 567—21.8(455B) do not relieve the owner or operator of an emissions source subject to the new source performance standards (567—subrule 23.1(2)), the national emissions standards for hazardous air pollutants (567—subrule 23.1(3)), or the national emissions standards for hazardous air pollutants for source categories (567—subrule 23.1(4)) from complying with those requirements.

567—21.10(455B) Testing and sampling of new and existing equipment.      21.10(1) Continuous monitoring of opacity from coal-fired steam generating units.  The owner or operator of any coal-fired or coal-gas-fired steam generating unit with a rated capacity of greater than 250 million Btu per hour heat input shall install, calibrate, maintain, and operate continuous monitoring equipment to monitor opacity. If an exhaust services more than one steam generating unit as defined in the preceding sentence, the owner has the option of installing opacity monitoring equipment on each unit or on the common stack. Such monitoring equipment shall conform to performance specifications specified in 21.10(9) and shall be operational within 18 months of the date these rules become effective. The director may require the owner or operator of any coal-fired or coal-gas-fired steam generating unit to install, calibrate, maintain, and operate continuous monitoring equipment to monitor opacity whenever the compliance status, history of operations, ambient air quality in the vicinity surrounding the generator, or the type of control equipment utilized would warrant such monitoring.    21.10(2)   and 21.10(3) Reserved.    21.10(4) Continuous monitoring of sulfur dioxide from sulfuric acid plants.  The owner or operator of any sulfuric acid plant of greater than 300 tons per day production capacity, the production being expressed as 100 percent acid, shall install, calibrate, maintain, and operate continuous monitoring equipment to monitor sulfur dioxide emissions. The monitoring equipment shall conform to the minimum performance specifications specified in 21.10(9) and shall be operational within 18 months of the date these rules become effective.    21.10(5) Maintenance of records of continuous monitors.  The owner or operator of any facility that is required to install, calibrate, maintain, and operate continuous monitoring equipment shall maintain, for a minimum of two years, a file of all information pertinent to each monitoring system present at the facility. Such information must include but is not limited to all emissions data (raw data, adjusted data, and any or all adjusted factors used to convert emissions from units of measurement to units of the applicable standard), performance evaluations, calibrations and zero checks, and records of all malfunctions of monitoring equipment or source and repair procedures performed.    21.10(6) Reporting of continuous monitoring information.  The owner or operator of any facility required to install a continuous monitoring system or systems shall provide quarterly reports to the director, no later than 30 calendar days following the end of the calendar quarter, on forms provided by the director. This provision shall not excuse compliance with more stringent applicable reporting requirements. All periods of recorded emissions in excess of the applicable standards, the results of all calibrations and zero checks and performance evaluations occurring during the reporting period, the number of hours that the source was operated while the monitoring equipment was not in operation, and any periods of monitoring equipment malfunctions or source upsets and any apparent reasons for these malfunctions and upsets shall be included in the report.    21.10(7) Tests by owner.  The owner of new or existing equipment or the owner’s authorized agent shall conduct emission tests to determine compliance with applicable rules in accordance with these requirements.    a.    General.The owner of new or existing equipment or the owner’s authorized agent shall notify the department in writing not less than 30 days before a required test or before a performance evaluation of a continuous emission monitor to determine compliance with applicable requirements of 567—Chapter 23 or a permit condition. Such notice shall include the time, the date, the place, the name of the person who will conduct the tests, and other information as required by the department. If the owner or operator does not provide timely notice to the department, the department may not consider the test results or performance evaluation results to be a valid demonstration of compliance with applicable rules or permit conditions. Upon written request, the department may allow a notification period of less than 30 days. At the department’s request, a pretest meeting shall be held not later than 15 days before the owner or operator conducts the compliance demonstration. A testing protocol shall be submitted to the department for review no later than 15 days before the owner or operator conducts the compliance demonstration. A representative of the department shall be permitted to witness the tests. Results of the tests shall be submitted in writing to the director in the form of a comprehensive report within six weeks (42 days) of the completion of the testing.    b.    New equipment.Unless otherwise specified by the department, all new equipment shall be tested by the owner or the owner’s authorized agent to determine compliance with applicable emission limits. Tests conducted to demonstrate compliance with the requirements of the rules or a permit shall be conducted within 60 days of achieving maximum production but no later than 180 days of startup, unless a shorter time frame is specified in the permit.    c.    Existing equipment.The director may require the owner or the owner’s authorized agent to conduct an emission test on any equipment if the director has reason to believe that the equipment does not comply with applicable requirements. Grounds for requiring such a demonstration of compliance include a modification of control or process equipment, age of equipment, or observation of opacities or other parameters outside the range of those indicative of properly maintained and operated equipment. Testing may be required as necessary to determine actual emissions from a source where that source is believed to have a significant impact on the public health or ambient air quality of an area. The director shall provide the owner or agent not less than 30 days to perform the compliance demonstration and shall provide written notice of the requirement.    21.10(8) Tests by department.  Representatives of the department may conduct separate and additional air contaminant emission tests and continuous monitor performance tests of an installation on behalf of the state and at the expense of the state. Sampling holes, safe scaffolding, and pertinent allied facilities, but not instruments or sensing devices, as needed, shall be requested in writing by the director and shall be provided by and at the expense of the owner of the installation at such points as specified in the request. The owner shall provide a suitable power source to the point or points of testing so that sampling instruments can be operated as required. Analytical results shall be furnished to the owner.    21.10(9) Methods and procedures.  Stack sampling and associated analytical methods used to evaluate compliance with emission limitations of 567—Chapter 23 or a permit condition are as follows:    a.    Performance test (stack test).A stack test shall be conducted according to the U.S. Environmental Protection Agency (EPA) reference methods as specified in 40 CFR 51, Appendix M (as amended or corrected through March 29, 2023); 40 CFR 60, Appendix A (as amended or corrected through March 29, 2023); 40 CFR 61, Appendix B (as amended or corrected through October 7, 2020); and 40 CFR 63, Appendix A (as amended or corrected through March 29, 2023). Each test shall consist of at least three separate one-hour test runs. Unless otherwise specified by the department, EPA method, or regulation, compliance shall be assessed on the basis of the arithmetic mean of the emissions measured in the three test runs. The owner of the equipment or the owner’s authorized agent may use an alternative methodology if the methodology is approved by the department in writing before testing.    b.    Continuous monitoring systems.Minimum performance specifications and quality assurance procedures for performance evaluations of continuous monitoring systems are as specified in 40 CFR 60, Appendix B (as amended or corrected through June 28, 2023); 40 CFR 60, Appendix F (as amended or corrected through March 29, 2023); 40 CFR 75, Appendix A (as amended or corrected through August 30, 2016); 40 CFR 75, Appendix B (as amended or corrected through August 30, 2016); and 40 CFR 75, Appendix F (as amended or corrected through August 30, 2016). The owner of the equipment or the owner’s authorized agent may use an alternative methodology for continuous monitoring systems if the methodology is approved by the department in writing before the minimum performance specifications and quality assurance procedures are conducted.    c.    Permit and compliance demonstration requirements.After October 24, 2012, all stack sampling and associated analytical methods used to evaluate compliance with emission limitations of 567—Chapter 23 or required in a permit issued by the department pursuant to 567—Chapter 22 or 33 shall be conducted using the methodology referenced in this rule. If stack sampling was required for a compliance demonstration pursuant to 567—Chapter 23 or for a performance test required in a permit issued by the department pursuant to 567—Chapter 22 or 33 before October 24, 2012, and the demonstration or test was not required to be completed before October 24, 2012, then the methodology referenced in this subrule applies retroactively.    21.10(10) Exemptions from continuous monitoring requirements.      a.    The owner or operator of any source is exempt if it can be demonstrated that any of the conditions set forth in this subrule are met with the provision that periodic recertification of the existence of these conditions can be requested.    (1)   An affected source is subject to a new source performance standard.    (2)   Reserved.    (3)   An affected steam generator is scheduled to be retired from service within five years of the date these rules become effective.    b.    The director may provide a temporary exemption from the monitoring and reporting requirements during any period of monitoring system malfunction, provided that the source owner or operator shows, to the satisfaction of the director, that the malfunction was unavoidable and is being repaired as expeditiously as practical.    21.10(11) Extensions.  The owner or operator of any source may request an extension of time provided for installation of the required monitor by demonstrating to the director that good faith efforts have been made to obtain and install the monitor in the prescribed time.

567—21.11(455B) Continuous emission monitoring under the acid rain program.  The continuous emission monitoring requirements for affected units under the acid rain program as provided in 40 CFR Part 75, including Appendices A, B, F, and K, as amended through August 30, 2016, are adopted by reference.

567—21.12(455B) Affected sources subject to Section 112(g).  The owner or operator of an affected source subject to the requirements of the federal Clean Air Act, Section 112(g), shall comply with the requirements contained in permits issued by the department under 567—Chapters 22 and 33.

567—21.13(455B) Methodology and qualified observer.  The federal method for visual determination of opacity of emissions and requirements for qualified observers as defined in 40 CFR Part 60, Appendix A, Method 9, as amended through November 14, 1990, is adopted by reference.To qualify as an observer, a candidate must, after meeting the requirements established in 40 CFR Part 60, Appendix A, Method 9, have on record with the department a minimum of 250 readings of black plumes and 250 readings of white plumes, taken at approved smoke reading courses.

567—21.14(455B) Prevention of air pollution emergency episodes—general.  The provisions for the purpose specified in 40 CFR Part 51, Appendix L, 1.0, are adopted by reference. For purposes of this chapter, adoption by reference of any portion of 40 CFR Part 51, Appendix L, is, unless otherwise noted, as amended through July 1, 1987.

567—21.15(455B) Episode criteria.      21.15(1) Evaluation.  Conditions justifying the proclamation of an air pollution alert, air pollution warning, or air pollution emergency shall be deemed to exist whenever the commission or the director determines that the meteorological conditions are such that the accumulation of air contaminants in any place is reaching, or has reached, levels that could, if sustained or exceeded, lead to a substantial threat to the health of persons.    21.15(2) Air pollution forecast.  Initial consideration of air pollution episode activities will be activated by receipt from the National Weather Service of an air pollution forecast. Receipt of such a forecast shall be the basis for activities such as, but not limited to, increased monitoring of the air contaminants in the area involved.    21.15(3) Declaration.  In making determinations for the declaration of an air pollution episode condition, the commission or the director will be guided by the criteria stated in the following paragraphs:    a.    Air pollution alert.The provisions for an air pollution alert as specified in 40 CFR Part 51, Appendix L, 1.1(b), are adopted by reference.    b.    Air pollution warning.The provisions for an air pollution warning as specified in 40 CFR Part 51, Appendix L, 1.1(c), are adopted by reference.    c.    Air pollution emergency.The provisions for air pollution emergency as specified in 40 CFR Part 51, Appendix L, 1.1(d), are adopted by reference.    d.    Termination.Once declared, any status reached by application of these criteria will remain in effect until the criteria for that level are no longer met. As meteorological factors and air contaminants change, an appropriate change in episode level will be declared.

567—21.16(455B) Preplanned abatement strategies.  The provisions for planned strategies as specified in 40 CFR Part 51, Appendix L, 1.3(a), are adopted by reference.    21.16(1) Plan preparation.      a.    Any person responsible for the operation of a source of air contaminants as set forth in Tables I through III shall prepare standby plans for reducing the emission of air contaminants, which will be implemented upon the declaration of an air pollution episode and continued for the duration of the declared episode.    b.    The provisions for plan preparation as specified in 40 CFR Part 51, Appendix L, 1.3(b), are adopted by reference.    21.16(2) Plan content.  The provisions for plan content as specified in 40 CFR Part 51, Appendix L, 1.3(c), are adopted by reference.    21.16(3) Review of plans.  Standby plans as required by this subrule shall be submitted to the director on or before January 1, 1973. Each standby plan shall be subject to review. If, in the opinion of the director, a standby plan does not provide for adequate reduction of emissions, the director may disapprove the plan, state the reasons for disapproval, and order the preparation of an amended standby plan within a time period specified in the order. The action of the director in securing a modification of a standby plan may be appealed to the commission.    21.16(4) Availability.  The provisions for availability as specified in 40 CFR Part 51, Appendix L, 1.3(d), are adopted by reference.

567—21.17(455B) Actions taken during episodes.      21.17(1) Emission reduction activities.  Any person responsible for the operation of a source of air contaminants as set forth in Tables I through III, herein, that is located within the area involved shall follow the actions specified below during periods of an air pollution alert, air pollution warning, or air pollution emergency as may be declared.    a.    Air pollution alert.The provisions for an air pollution alert as specified in 40 CFR Part 51, Appendix L, 1.2(a), are adopted by reference.    b.    Air pollution warning.The provisions for air pollution warning as specified in 40 CFR Part 51, Appendix L, 1.2(b), are adopted by reference.    c.    Air pollution emergency.The provisions for air pollution emergency as specified in 40 CFR Part 51, Appendix L, 1.2(c), are adopted by reference.    d.    Special conditions.The provisions for special conditions as specified in 40 CFR Part 51, Appendix L, 1.2(d), are adopted by reference.    21.17(2)   Reserved.TABLE IABATEMENT STRATEGIES EMISSION REDUCTION ACTIONS ALERT LEVEL GENERAL The provisions for planned strategies as specified in 40 CFR Part 51, Appendix L, Table I, Part A, are adopted by reference. SOURCE CURTAILMENT The provisions for planned strategies as specified in 40 CFR Part 51, Appendix L, Table I, Part B, are adopted by reference. TABLE IIABATEMENT STRATEGIES EMISSION REDUCTION ACTIONS WARNING LEVEL GENERAL The provisions for planned strategies as specified in 40 CFR Part 51, Appendix L, Table II, Part A, are adopted by reference. SOURCE CURTAILMENT The provisions for planned strategies as specified in 40 CFR Part 51, Appendix L, Table II, Part B, are adopted by reference. TABLE IIIABATEMENT STRATEGIES EMISSION REDUCTION ACTIONS EMERGENCY LEVEL GENERAL The provisions for planned strategies as specified in 40 CFR Part 51, Appendix L, Table III, Part A, are adopted by reference. SOURCE CURTAILMENT The provisions for planned strategies as specified in 40 CFR Part 51, Appendix L, Table III, Part B, are adopted by reference.       These rules are intended to implement Iowa Code section 455B.133.
ARC 7228CEnvironmental Protection Commission[567]Notice of Intended Action

Proposing rulemaking related to controlling air pollution and providing an opportunity for public comment

    The Environmental Protection Commission (Commission) hereby proposes to rescind Chapter 22, “Controlling Pollution,” and to adopt a new Chapter 22, “Controlling Air Pollution,” Iowa Administrative Code.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 455B.133.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code section 17A.7(2) and Executive Order 10 (January 10, 2023).Purpose and Summary    The Commission proposes to rescind and adopt a new Chapter 22. The proposed new Chapter 22 will include the revised provisions for air quality construction permitting, as well as applicable air quality definitions currently set forth in Chapter 20, “Scope of Title—Definitions,” and adoption of the National Ambient Air Quality Standards (NAAQS) currently set forth in Chapter 28, “Ambient Air Quality Standards.”    After a review consistent with Executive Order 10, the Department of Natural Resources (Department) determined that the rules in Chapters 22 and 28, as well as the appropriate definitions in Chapter 20, should be updated and placed in one chapter, specifically new Chapter 22. The Department also concluded that the rules for operating permits currently in Chapter 22 should be moved to another chapter that includes only these provisions. Notices of Intended Action to rescind Chapters 20 and 28 are being proposed concurrently with this rulemaking (ARCs 7210C and 7220C, IAB 12/27/23). An additional Notice of Intended Action is being proposed concurrently to rescind Chapter 24 and adopt a new Chapter 24 consisting of the provisions for operating permits (ARC 7213C, IAB 12/27/23).    New Chapter 22 will help to protect air quality for Iowa’s citizens by ensuring that new and modified stationary sources of air pollution continue to demonstrate through the construction permitting process that the proposed project emissions, when considered in conjunction with existing air emissions, will not impact the attainment or maintenance of the NAAQS. Further, new Chapter 22 will provide businesses and the public with clear, current, and consolidated permitting requirements. Citations to definitions in Chapters 21 and 24 are to the definitions proposed in the concurrent Notices of Intended Action for those chapters.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa.Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found. Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 561—Chapter 10. Public Comment     Any interested person may submit written comments concerning this proposed rulemaking. Written comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on January 30, 2024. Comments should be directed to: Christine Paulson Iowa Department of Natural Resources Wallace State Office Building 502 East Ninth Street Des Moines, Iowa 50319 Email: christine.paulson@dnr.iowa.gov Public Hearing    Two public hearings at which persons may present their views orally will be held via conference call as follows. Persons who wish to attend the public hearings should contact Christine Paulson via email or by phone at 515.725.9510. A virtual meeting link and conference call number will be provided prior to each hearing. The public hearing information will also be provided through the Air Quality e-newsletter (GovDelivery) and on the Department’s webpage at iowadnr.gov/Environmental-Protection/Air-Quality/Public-Participation (scroll down to Public Input and click on Executive Order 10 Implementation). Persons who wish to make comments at either of the public hearings must submit a request to Ms. Paulson prior to the hearing to facilitate an orderly hearing. January 29, 2024 1 p.m. Via video/conference call January 30, 2024 1 p.m. Via video/conference call     Persons who wish to make oral comments at a public hearing will be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.    Any persons who intend to participate in the hearings and have special requirements, such as those related to hearing or vision impairments, should contact the Department and advise of specific needs.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rulemaking action is proposed:

    ITEM 1.    Rescind 567—Chapter 22 and adopt the following new chapter in lieu thereof: CHAPTER 22CONTROLLING AIR POLLUTION

567—22.1(455B) Definitions and permit requirements for new or existing stationary sources.  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 21 and 23. The definitions set out in Iowa Code sections 455B.101, 455B.131, and 455B.411 are incorporated verbatim in these rules.        "12-month rolling period" means a period of 12 consecutive months determined on a rolling basis with a new 12-month period beginning on the first day of each calendar month.        "Act" means the Clean Air Act (42 U.S.C. Sections 7401, et seq.), as amended through November 15, 1990.        "Air quality standard" means an allowable level of air contaminant or atmospheric air concentration established by the commission.        "Ambient air" means that portion of the atmosphere, external to buildings, to which the general public has access.        "Anaerobic lagoon," for purposes of air quality rules in 567—Chapters 20 through 35, means an impoundment, the primary function of which is to store and stabilize organic wastes. The impoundment is designed to receive wastes on a regular basis and the design waste loading rates are such that the predominant biological activity in the impoundment will be anaerobic. An anaerobic lagoon does not include:
  1. A runoff control basin that collects and stores only precipitation-induced runoff from an open feedlot feeding operation; or
  2. A waste slurry storage basin that receives waste discharges from confinement feeding operations and that is designed for complete removal of accumulated wastes from the basin at least semiannually; or
  3. Any anaerobic treatment system that includes collection and treatment facilities for all off-gases.
        "Biodiesel fuel" means a renewable, biodegradable, mono alkyl ester combustible liquid fuel derived from agricultural plant oils or animal fat such as, but not limited to, soybean oil. For purposes of this definition, “biodiesel fuel” must also meet the specifications of American Society for Testing and Material Specifications (ASTM) D 6751-02, “Standard Specification for Biodiesel Fuel (B100) Blend Stock for Distillate Fuels,” and be registered with the U.S. Environmental Protection Agency as a fuel and a fuel additive under Section 211(b) of the Act.        "Chimney" "stack" means any flue, conduit or duct permitting the discharge or passage of air contaminants into the open air or constructed or arranged for this purpose.        "Combustion for indirect heating" means the combustion of fuel to produce usable heat that is to be transferred through a heat-conducting materials barrier or by a heat storage medium to a material to be heated so that the material being heated is not contacted by, and adds no substance to, the products of combustion.        "Control equipment" means any equipment that has the function to prevent the formation of or the emission to the atmosphere of air contaminants from any fuel burning, incinerator or process equipment.        "Country grain elevator" means the same as defined in 22.10(1).        "Diesel fuel" means a low sulfur fuel oil that complies with the specifications for grade 1-D or 2-D, as defined by the ASTM D 975-02, “Standard Specification for Diesel Fuel Oils,” grade 1-GT or 2-GT, as defined by ASTM D 2880-00, “Standard Specification for Gas Turbine Fuel Oils,” or grade 1 or 2, as defined by ASTM D 396-02, “Standard Specification for Fuel Oils.”
  1. For purposes of the air quality rules contained in Title II, and unless otherwise specified, diesel fuel may contain a blend of up to 2.0 percent biodiesel fuel, by volume, as “biodiesel fuel” is defined in this rule.
  2. The department shall consider air pollutant emissions calculations for the biodiesel fuel blends specified in paragraph “1” to be equivalent to the air pollutant emissions calculations for unblended diesel fuel.
  3. Construction permits or operating permits issued under 567—Chapter 22 that restrict equipment fuel use to diesel fuel shall be considered by the department to include the biodiesel fuel blends specified in paragraph “1,” unless otherwise specified or in a permit issued under this chapter.
        "Electric furnace" means a furnace in which the melting and refining of metals are accomplished by means of electrical energy.        "Electronic format,” “electronic submittal," "electronic submittal format," for purposes of 567—Chapters 20 through 35, means a software, Internet-based, or other electronic means specified by the department for submitting air quality information or fees to the department related to but not limited to applications, certifications, determination requests, emissions inventories, forms, notifications, payments, permit applications and registrations. References to these information submittal methods in 567—Chapters 20 through 35 may, as specified by the department, include electronic submittal as stated in the applicable rules.        "Emergency generator" means any generator of which the sole function is to provide emergency backup power during an interruption of electrical power from the electric utility. An emergency is an unforeseeable condition that is beyond the control of the owner or operator. An emergency generator does not include:
  1. Peaking units at electric utilities.
  2. Generators at industrial facilities that typically operate at low rates but are not confined to emergency purposes.
  3. Any standby generators that are used during time periods when power is available from the electric utility.
        "Emission limitation" "emission standard" mean a requirement established by a state, local government, or the administrator that limits the quantity, rate or concentration of emissions of air pollutants on a continuous basis, including any requirements that limit the level of opacity, prescribe equipment, set fuel specifications or prescribe operation or maintenance procedures for a source to ensure continuous emission reduction.        "EPA conditional method" means any method of sampling and analyzing for air pollutants that has been validated by the administrator but that has not been published as an EPA reference method.        "EPA reference method" means the following methods used for performance tests and continuous monitoring systems:
  1. Performance test (stack test). A stack test shall be conducted according to EPA reference methods specified in 40 CFR 51, Appendix M (as amended or corrected through March 29, 2023); 40 CFR 60, Appendix A (as amended or corrected through March 29, 2023); 40 CFR 61, Appendix B (as amended or corrected through October 7, 2020); and 40 CFR 63, Appendix A (as amended or corrected through March 29, 2023).
  2. Continuous monitoring systems. Minimum performance specifications and quality assurance procedures for performance evaluations of continuous monitoring systems are as specified in 40 CFR 60, Appendix B (as amended or corrected through June 28, 2023); 40 CFR 60, Appendix F (as amended or corrected through March 29, 2023); 40 CFR 75, Appendix A (as amended or corrected through August 30, 2016); 40 CFR 75, Appendix B (as amended or corrected through August 30, 2016); and 40 CFR 75, Appendix F (as amended or corrected through August 30, 2016).
        "Equipment" means the same as defined in 567—21.1(455B).        "Excess air" means that amount of air supplied in addition to the theoretical quantity necessary for complete combustion of all fuel or combustible waste material present.        "Existing equipment" means the same as defined in 567—21.1(455B).        "Foundry cupola" means a stack-type furnace used for melting of metals consisting of but not limited to the furnace proper, tuyeres, fans or blowers, tapping spout, charging equipment, gas cleaning devices and other auxiliaries.        "Fugitive dust" means any airborne solid particulate matter emitted from any source other than a flue or stack.        "Grain processing" means the equipment, or the combination of different types of equipment, used in the processing of grain to produce a product primarily for wholesale or retail sale for human or animal consumption, including the processing of grain for production of biofuels, except for “feed mill equipment” as defined in 567—22.10(455B).        "Grain storage elevator" means any plant or installation at which grain is unloaded, handled, cleaned, dried, stored, or loaded and that is located at any wheat flour mill, wet corn mill, dry corn mill (human consumption), rice mill, or soybean oil extraction plant that has a permanent grain storage capacity (grain storage capacity that is inside a building, bin, or silo) of more than 35,200 m3 (ca. 1 million U.S. bushels).        "Greenhouse gas" means carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.        "Heating value" means the heat released by combustion of one pound of waste or fuel measured in Btu on an as-received basis. For solid fuels, the heating value shall be determined by use of ASTM Standard D 2015-66.        "Incinerator" means a combustion apparatus designed for high temperature operation in which solid, semisolid, liquid or gaseous combustible refuse is ignited and burned efficiently and from which the solid residues contain little or no combustible material.        "Initiation of construction, installation or alteration" means significant permanent modification of a site to install equipment, control equipment or permanent structures. Not included are activities incident to preliminary engineering, environmental studies, or acquisition of a site for a facility.        "New equipment" means the same as defined in 567—21.1(455B).        "Number 1 fuel oil" and “number 2 fuel oil,” also known as “distillate oil,” mean fuel oil that complies with the specifications for fuel oil number 1 or fuel oil number 2, as defined by the ASTM D 396-02, “Standard Specification for Fuel Oils.”
  1. For purposes of the air quality rules contained in Title II, and unless otherwise specified, number 1 fuel oil or number 2 fuel oil may contain a blend of up to 2.0 percent biodiesel fuel, by volume, as “biodiesel fuel” is defined in this rule.
  2. The department shall consider air pollutant emissions calculations for the biodiesel fuel blends specified in paragraph “1” to be equivalent to the air pollutant emissions calculations for unblended number 1 fuel oil or unblended number 2 fuel oil.
  3. Construction permits or operating permits issued under this chapter that restrict equipment fuel use to number 1 fuel oil or number 2 fuel oil shall be considered by the department to include the biodiesel fuel blends specified in paragraph “1,” unless otherwise specified or in a permit issued under this chapter.
        "One-hour period" means any 60-minute period commencing on the hour.        "Particulate matter" (except for the purposes of new source performance standards as defined in 40 CFR 60) means any material, except uncombined water, that exists in a finely divided form as a liquid or solid at standard conditions and includes gaseous emissions that condense to liquid or solid form as measured by EPA-approved reference methods.        "Plan documents" means the reports, proposals, preliminary plans, survey and basis of design data, general and detail construction plans, profiles, specifications and all other information pertaining to equipment.        "PM10" means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by an EPA-approved reference method.        "PM2.5" means particulate matter as defined in this rule with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers as measured by an EPA-approved reference method.        "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 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.
  3. The number of hours specified in a state or federally enforceable limit.
If the source is subject to new source construction permit review, then potential to emit is defined as stated above or as established in a federally enforceable permit.
        "Privileged communication" means information other than air pollutant emissions data, the release of which would tend to affect adversely the competitive position of the owner or operator of the equipment.        "Process" means any action, operation or treatment, and all methods and forms of manufacturing or processing, that may emit smoke, particulate matter, gaseous matter or other air contaminant.        "Process weight" means the total weight of all materials introduced into any source operation. Solid fuels charged will be considered as part of the process weight, but liquid and gaseous fuels and combustion air will not.        "Process weight rate" means continuous or long-run steady-state source operations, the total process weight for the entire period of continuous operation or for a typical portion thereof, divided by the number of hours of such period or portion thereof; or for a cyclical or batch source operation, the total process weight for a period that covers a complete operation or an integral number of cycles, divided by the number of hours of actual process operation during such a period. Where the nature of any process or operation, or the design of any equipment is such as to permit more than one interpretation of this definition, the interpretation that results in the minimum value for allowable emission shall apply.        "Six-minute period" means any one of the ten equal parts of a one-hour period.        "Smoke" means gas-borne particles resulting from incomplete combustion, consisting predominantly, but not exclusively, of carbon, and other combustible material, or ash, that form a visible plume in the air.        "Source operation" means the last operation preceding the emission of an air contaminant and that results in the separation of the air contaminant from the process materials or in the conversion of the process materials into air contaminants but is not an air pollution control operation.        "Standard conditions" means a temperature of 68°F and a pressure of 29.92 inches of mercury absolute.        "Standard cubic foot" "SCF" means the volume of one cubic foot of gas at standard conditions.        "Standard metropolitan statistical area" "SMSA" means an area that has at least one city with a population of at least 50,000 and such surrounding areas as geographically defined by the U.S. Office of Management and Budget (Department of Commerce).        "Stationary source" means any building, structure, facility or installation that emits or may emit any air pollutant.        "Total suspended particulate" means particulate matter as defined in this rule.        "Untreated" as it refers to wood or wood products includes only wood or wood products that have not been treated with compounds such as, but not limited to, paint, pigment-stain, adhesive, varnish, lacquer, or resin or that have not been pressure treated with compounds such as, but not limited to, chromate copper acetate, pentachlorophenol or creosote. “Untreated” as it refers to seeds, pellets or other vegetative matter includes only seeds, pellets or other vegetative matter that has not been treated with pesticides or fungicides.        "Urban area" means any Iowa city of 100,000 or more population in the current census and all Iowa cities contiguous to such city.        "Variance" means a temporary waiver from rules or standards governing the quality, nature, duration or extent of emissions granted by the commission for a specified period of time.        "Volatile organic compounds" "VOC" means any compound included in the definition of “volatile organic compounds” found at 40 CFR Section 51.100(s) as amended through February 8, 2023.    22.1(1) Permit required.  No person shall construct, install, reconstruct or alter any equipment, control equipment or anaerobic lagoon unless a permit is first obtained pursuant to this chapter, 567—31.3(455B), or 567—33.3(455B), or the equipment qualifies for an exemption under 22.1(2). An air quality construction permit shall be obtained prior to the initiation of construction, installation or alteration of any portion of the stationary source or anaerobic lagoon, unless the parameters in 22.1(1)“c” are met.    a.    Existing equipment is not subject to this subrule, unless it has been modified, reconstructed, or altered on or after September 23, 1970.    b.    No person shall construct or reconstruct a major source of hazardous air pollutants, as defined in 40 CFR Section 63.2 and 40 CFR Section 63.41 as adopted by reference in 567—subrule 23.1(4), unless a construction permit has been obtained from the department, which requires maximum achievable control technology for new sources to be applied. The permit shall be obtained prior to the initiation of construction or reconstruction of the major source.    c.    Construction prior to issuance of an air quality construction permit issued by the department may begin if the eligibility requirements stated in 22.1(1)“c”(1) are met. The applicant must assume any liability for construction conducted on a source before the permit is issued. In no case will the applicant be allowed to hook up the equipment to the exhaust stack or operate the equipment in any way that may emit any pollutant prior to receiving a construction permit.    (1)   Eligibility.    1.   The applicant has submitted a construction permit application to the department, as specified in 22.1(3);    2.   The applicant has notified the department of the applicant’s intentions in writing five working days prior to initiating construction; and    3.   The equipment or process is not subject to:
  • Prevention of significant deterioration (PSD), as set forth in 567—Chapter 33;
  • New source performance standards (NSPS), as set forth in 567—subrule 23.1(2);
  • National emission standards for hazardous air pollutants (NESHAP), as set forth in 567—subrules 23.1(3) and 23.1(4);
  • Emission guidelines, as set forth in 567—subrule 23.1(5);
  • Nonattainment new source review, as set forth in 567—Chapter 31; or
  • The equipment or process is a major source of hazardous air pollutants, as defined in 40 CFR Sections 63.2 and 63.41, and as adopted by reference in 567—subrule 23.1(4).
  • The equipment and processes are subject to PSD until the owner or operator of a proposed project legally obtains permitted limits that limit the project below the PSD thresholds (i.e., PSD synthetic minor status).
        (2)   The applicant must cease construction if the department’s evaluation demonstrates that the construction, reconstruction or modification of the stationary source will interfere with the attainment or maintenance of the national ambient air quality standards or will result in a violation of a control strategy required by 40 CFR Part 51, Subpart G, as amended through February 19, 2015.    (3)   The applicant will be required to make any modification to the stationary source that may be imposed in the issued construction permit.    (4)   The applicant must notify the department in writing of the actual start date of construction or reconstruction. All notifications shall be submitted to the department in writing no later than 30 days after construction or reconstruction started. All notifications shall include all of the information listed in 22.3(3)“b.”
        d.    The owner or operator of a country grain elevator, country grain terminal elevator, grain terminal elevator or feed mill equipment, as “country grain elevator,” “country grain terminal elevator,” “grain terminal elevator,” and “feed mill equipment,” as these terms are defined in 22.10(1), may elect to comply with the requirements specified in 567—22.10(455B) as an alternative to the construction permitting requirements set forth in 22.1(1).
        22.1(2) Exemptions.  An owner or operator may opt to use one of the permitting exemptions in this subrule in lieu of obtaining an air quality construction permit if the equipment, control equipment, or process meets the conditions in the specific exemption and is not:
  • Permitted under the provisions of the permit by rule for spray booths, as set forth in 567—22.8(455B);
  • Subject to nonattainment new source review, as set forth in 567—Chapter 31; or
  • Subject to PSD, as set forth in 567—Chapter 33;
  • A permitting exemption may be used only if a permit is not necessary to establish federally enforceable limits that restrict potential to emit.An owner or operator shall keep records at the facility and will make the records available to the department upon request if any of the exemptions under the following paragraphs are claimed:
  • 22.1(2)“a” (for equipment > 1 million Btu per hour input),
  • 22.1(2)“b,”
  • 22.1(2)“e,”
  • 22.1(2)“r,” or
  • 22.1(2)“s.”
  • Records kept on site shall contain the following information:
  • The specific exemption claimed; and
  • A description of the associated equipment.
  • The permitting exemptions in this subrule do not relieve the owner or operator of any source from any obligation to comply with any other applicable requirements.    a.    Fuel-burning equipment for indirect heating and reheating furnaces or cooling units using natural gas or liquefied petroleum gas with a capacity of less than 10 million Btu per hour input per combustion unit.    b.    Fuel-burning equipment for indirect heating or indirect cooling with a capacity of less than 1 million Btu per hour input per combustion unit when burning untreated wood, untreated seeds or pellets, other untreated vegetative materials, or fuel oil, provided that the equipment and the fuel meet the conditions specified in this paragraph. Used oils meeting the specification from 40 CFR Section 279.11 as amended through July 14, 2006, are acceptable fuels for this exemption. When combusting used oils, the equipment must have a maximum rated capacity of 50,000 Btu or less per hour of heat input or a maximum throughput of 3,600 gallons or less of used oils per year. When combusting untreated wood, untreated seeds or pellets, or other untreated vegetative materials, the equipment must have a maximum rated capacity of 265,600 Btu or less per hour or a maximum throughput of 378,000 pounds or less per year of each fuel or any combination of fuels. Records shall be maintained on site by the owner or operator for at least two calendar years to demonstrate that fuel usage is less than the exemption thresholds. Owners or operators initiating construction, installation, reconstruction, or alteration of equipment (as defined in 567—22.1(455B)) on or before October 23, 2013, burning coal, used oils, untreated wood, untreated seeds or pellets, or other untreated vegetative materials that qualified for this exemption may continue to claim this exemption after October 23, 2013, without being restricted to the maximum heat input or throughput specified in this paragraph.    c.    Mobile internal combustion and jet engines, marine vessels and locomotives.    d.    Equipment used for cultivating land, harvesting crops, or raising livestock other than anaerobic lagoons. This exemption is not applicable if the equipment is used to remove substances from grain that were applied to the grain by another person. This exemption is also not applicable to equipment used by a person to manufacture commercial feed, as defined in Iowa Code section 198.3, that is normally not fed to livestock, owned by the person or another person, in a feedlot, as defined in Iowa Code section 172D.1(6), or a confinement building owned or operated by that person and located in this state.    e.    Incinerators and pyrolysis cleaning furnaces with a rated refuse burning capacity of less than 25 pounds per hour for which initiation of construction, installation, reconstruction, or alteration (as defined in 567—22.1(455B)) occurred on or before October 23, 2013. Pyrolysis cleaning furnace exemption is limited to those units that use only natural gas or propane. Salt bath units are not included in this exemption. Incinerators or pyrolysis cleaning furnaces for which initiation of construction, installation, reconstruction, or alteration (as defined in 567—21.1(455B)) occurred after October 23, 2013, shall not qualify for this exemption. After October 23, 2013, only paint clean-off ovens with a maximum rated capacity of less than 25 pounds per hour that do not combust lead-containing materials shall qualify for this exemption.    f.    Fugitive dust controls, unless a control efficiency can be assigned to the equipment or control equipment.    g.    Equipment or control equipment that reduces or eliminates all emission to the atmosphere. An owner or operator electing to use this exemption shall provide to the department the following information:    (1)   Name and location of the facility;    (2)   Detailed description of each change being made;    (3)   Date of the beginning of actual construction and date that operation will begin after the changes are made;    (4)   Detailed emissions estimates showing:    1.   The actual and potential emissions, specifically noting increases or decreases, for the project for all regulated pollutants (as defined in 567—24.100(455B)); and    2.   The accumulated emissions increases associated with each change when totaled with other net emissions increases at the facility contemporaneous with the proposed change (occurring within five years before construction of the particular change commences).    (5)   Documentation of the basis for all emissions estimates;    (6)   Height of the emission point or stack and height of the highest building within 50 feet;    (7)   Statement that the provisions of 567—Chapters 31 and 33 do not apply; and    (8)   Written statement containing certification by a responsible official as defined in 567—24.100(455B) of truth, accuracy, and completeness that:    1.   Accumulated emissions with other contemporaneous net increases have not exceeded significant levels, as defined in 40 CFR 52.21(b)(23), and adopted in 567—33.3(455B);    2.   The changes will not prevent the attainment or maintenance of the ambient air quality standards specified in 567—22.11(455B);    3.   Based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.The conditions listed below also apply to this exemption:
  • If an owner or operator opts to use this exemption for equipment or a process not yet constructed or modified, the information shall be provided to the department at least 30 days in advance of the beginning of construction on the project.
  • If an owner or operator opts to use this exemption for equipment or a process that has already been constructed or modified and that does not have a construction permit for that construction or modification, the owner or operator shall not operate until the information listed above is provided to the department.
  • If a construction permit has been previously issued for the equipment or control equipment, all other conditions of the construction permit remain in effect.
  • If an owner or operator wishes to obtain credit for emission reductions, an air quality construction permit must be obtained for the reduction prior to the time the reduction is made.
  •     h.    Equipment (other than anaerobic lagoons) or control equipment that emits odors, unless such equipment or control equipment also emits particulate matter or any other regulated air contaminant (as defined in 567—24.100(455B)).    i.    Reserved.    j.    Residential heaters, cookstoves, or fireplaces that burn untreated wood, untreated seeds or pellets, or other untreated vegetative materials.    k.    Asbestos demolition and renovation projects subject to 40 CFR Section 61.145 as adopted by reference in 567—subrule 23.1(3).    l.    The equipment in laboratories used exclusively for nonproduction chemical and physical analyses. Nonproduction analyses means analyses incidental to the production of a good or service and includes analyses conducted for quality assurance or quality control activities or for the assessment of environmental impact.    m.    Storage tanks with a capacity of less than 19,812 gallons and an annual throughput of less than 200,000 gallons.    n.    Stack or vents to prevent escape of sewer gases through plumbing traps. Systems that include any industrial waste are not exempt.    o.    A nonproduction surface coating process that uses only handheld aerosol spray cans.    p.    Brazing, soldering or welding equipment or portable cutting torches used only for nonproduction activities.    q.    Cooling and ventilating equipment: comfort air conditioning not designed or used to remove air contaminants generated by, or released from, specific units of equipment.    r.    An internal combustion engine with a brake horsepower rating of less than 400 measured at the shaft, provided that the owner or operator meets all of the conditions in this paragraph. For the purposes of this exemption, the manufacturer’s nameplate rated capacity at full load shall be defined as the brake horsepower output at the shaft. The owner or operator of an engine that was manufactured, ordered, modified or reconstructed after March 18, 2009, may use this exemption only if the owner or operator, prior to installing, modifying or reconstructing the engine, submits to the department a completed registration on forms provided by the department (unless the engine is exempted from registration, as specified in this paragraph or on the registration form) certifying that the engine is in compliance with the following federal regulations:    (1)   NSPS for stationary compression ignition internal combustion engines (40 CFR Part 60, Subpart IIII); or    (2)   NSPS for stationary spark ignition internal combustion engines (40 CFR Part 60, Subpart JJJJ); and    (3)   NESHAP for reciprocating internal combustion engines (40 CFR Part 63, Subpart ZZZZ).Use of this exemption does not relieve an owner or operator from any obligation to comply with NSPS or NESHAP requirements. An engine that meets the definition of a nonroad engine as specified in 40 CFR Section 1068.30, as amended through January 24, 2023, is exempt from the registration requirements of this paragraph).    s.    Equipment that is not related to the production of goods or services and used exclusively for academic purposes, located at educational institutions (as defined in Iowa Code section 455B.161). The equipment covered under this exemption is limited to lab hoods, art class equipment, wood shop equipment in classrooms, wood fired pottery kilns, and fuel-burning units with a capacity of less than 1 million Btu per hour fuel capacity. This exemption does not apply to incinerators.    t.    Any container, storage tank, or vessel that contains a fluid having a maximum true vapor pressure of less than 0.75 psia. “Maximum true vapor pressure” means the equilibrium partial pressure of the material considering:    (1)   For material stored at ambient temperature, the maximum monthly average temperature as reported by the National Weather Service, or    (2)   For material stored above or below the ambient temperature, the temperature equal to the highest calendar-month average of the material storage temperature.    u.    Equipment for carving, cutting, routing, turning, drilling, machining, sawing, surface grinding, sanding, planing, buffing, sandblast cleaning, shot blasting, shot peening, or polishing ceramic artwork, leather, metals (other than beryllium), plastics, concrete, rubber, paper stock, and wood or wood products, where such equipment is either used for nonproduction activities or exhausted inside a building.    v.    Manually operated equipment, as defined in 567—24.100(455B), used for buffing, polishing, carving, cutting, drilling, machining, routing, sanding, sawing, scarfing, surface grinding, or turning.    w.    Small unit exemption.    (1)   “Small unit” means any emission unit and associated control (if applicable) that emits less than the following:    1.   2 pounds per year of lead and lead compounds expressed as lead (40 pounds per year of lead or lead compounds for equipment for which initiation of construction, installation, reconstruction, or alteration (as defined in 567—22.1(455B)) occurred on or before October 23, 2013);    2.   5 tons per year of sulfur dioxide;    3.   5 tons per year of nitrogen oxides;    4.   5 tons per year of volatile organic compounds;    5.   5 tons per year of carbon monoxide;    6.   5 tons per year of particulate matter (particulate matter as defined in 40 CFR 51.100(pp), as amended through November 7, 1986);    7.   2.5 tons per year of PM10;    8.   0.52 tons per year of PM2.5 (does not apply to equipment for which initiation of construction, installation, reconstruction, or alteration (as defined in 567—22.1(455B)) occurred on or before October 23, 2013); and    9.   5 tons per year of hazardous air pollutants (as defined in 567—24.100(455B)).For the purposes of this exemption, “emission unit” means any part or activity of a stationary source that emits or has the potential to emit any pollutant subject to regulation under the Act. This exemption applies to existing and new or modified “small units.”An emission unit that emits hazardous air pollutants (as defined in 567—24.100(455B)) is not eligible for this exemption if the emission unit is required to be reviewed for compliance with 567—subrule 23.1(3), emission standards for hazardous air pollutants (40 CFR Part 61, NESHAP), or 567—subrule 23.1(4), emission standards for hazardous air pollutants for source categories (40 CFR Part 63, NESHAP).An emission unit that emits air pollutants that are not regulated air pollutants as defined in 567—24.100(455B) shall not be eligible to use this exemption.    (2)   Permit requested. If a construction permit is requested in writing by the owner or operator of a small unit, the director may issue a construction permit for the emission point associated with that emission unit.    (3)   An owner or operator that utilizes the small unit exemption must maintain on site an “exemption justification document.” The exemption justification document must document conformance and compliance with the emission rate limits contained in the definition of “small unit” for the particular emission unit or group of similar emission units obtaining the exemption. Controls that may be part of the exemption justification document include, but are not limited to, the following: emission control devices, such as cyclones, filters, or baghouses; restricted hours of operation or fuel; and raw material or solvent substitution. The exemption justification document for an emission unit or group of similar emission units must be made available for review during normal business hours and for state or EPA on-site inspections and shall be provided to the director or the director’s representative upon request. If an exemption justification document does not exist, the applicability of the small unit exemption is voided for that particular emission unit or group of similar emission units. The controls described in the exemption justification document establish a limit on the potential emissions. An exemption justification document shall include the following for each applicable emission unit or group of similar emission units:    1.   A narrative description of how the emissions from the emission unit or group of similar emission units were determined and maintained at or below the annual small unit exemption levels.    2.   If air pollution control equipment is used, a description of the air pollution control equipment used on the emission unit or group of similar emission units and a statement that the emission unit or group of similar emission units will not be operated without the pollution control equipment operating.    3.   If air pollution control equipment is used, the applicant shall maintain a copy of any report of manufacturer’s testing results of any emissions test, if available. The department may require a test if it believes that a test is necessary for the exemption claim.    4.   A description of all production limits required for the emission unit or group of similar emission units to comply with the exemption levels.    5.   Detailed calculations of emissions reflecting the use of any air pollution control devices or production or throughput limitations, or both, for applicable emission unit or group of similar emission units.    6.   Records of actual operation that demonstrate that the annual emissions from the emission unit or group of similar emission units were maintained below the exemption levels.    7.   Facilities designated as major sources with respect to 567—22.4(455B) and 567—24.101(455B), or subject to any applicable federal requirements, shall retain all records demonstrating compliance with the exemption justification document for five years. The record retention requirements supersede any retention conditions of an individual exemption.    8.   A certification from the responsible official that the emission unit or group of similar emission units have complied with the exemption levels specified in 22.1(2)“w”(1).    (4)   Requirement to apply for a construction permit. An owner or operator of a small unit will be required to obtain a construction permit or take the unit out of service if the emission unit exceeds the small unit emission levels.    1.   If, during an inspection or other investigation of a facility, the department believes that the emission unit exceeds the emission levels that define a “small unit,” then the department will submit calculations and detailed information in a letter to the owner or operator. The owner or operator shall have 60 days to respond with detailed calculations and information to substantiate a claim that the small unit does not exceed the emission levels that define a small unit.    2.   If the owner or operator is unable to substantiate a claim to the satisfaction of the department, then the owner or operator that has been using the small unit exemption must cease operation of that small unit or apply for a construction permit for that unit within 90 days after receiving a letter of notice from the department. The emission unit and control equipment may continue operation during this period and the associated initial application review period.    3.   If the notification of nonqualification as a small unit is made by the department following the process described above, the owner or operator will be deemed to have constructed an emission unit without the required permit and may be subject to applicable penalties.    (5)    Required notice for construction or modification of a substantial small unit. The owner or operator shall notify the department in writing at least ten days prior to commencing construction of any new or modified “substantial small unit” as defined in 22.1(2)“w”(6). The owner or operator shall notify the department within 30 days after determining an existing small unit meets the criteria of the “substantial small unit” as defined in 22.1(2)“w”(6). Notification shall include the name of the business, the location where the unit will be installed, and information describing the unit and quantifying its emissions. The owner or operator shall notify the department within 90 days of the end of the calendar year for which the aggregate emissions from substantial small units at the facility have reached any of the cumulative notice thresholds listed below.    (6)   For the purposes of this paragraph, “substantial small unit” means a small unit that emits more than the following amounts, as documented in the exemption justification document:    1.   2 pounds per year of lead and lead compounds expressed as lead (30 pounds per year of lead or lead compounds for equipment for which initiation of construction, installation, reconstruction, or alteration (as defined in 567—22.1(455B)) occurred on or before October 23, 2013);    2.   3.75 tons per year of sulfur dioxide;    3.   3.75 tons per year of nitrogen oxides;    4.   3.75 tons per year of volatile organic compounds;    5.   3.75 tons per year of carbon monoxide;    6.   3.75 tons per year of particulate matter (particulate matter as defined in 40 CFR 51.100(pp), as amended through November 7, 1986);    7.   1.875 tons per year of PM10;    8.   0.4 tons per year of PM2.5 (does not apply to equipment for which initiation of construction, installation, reconstruction, or alteration (as defined in 567—22.1(455B)) occurred on or before October 23, 2013); or    9.   3.75 tons per year of any hazardous air pollutant or 3.75 tons per year of any combination of hazardous air pollutants.An emission unit is a “substantial small unit” only for those substances for which annual emissions exceed the above-indicated amounts.    (7)   Required notice that a cumulative notice threshold has been reached. Once a “cumulative notice threshold,” as defined in 22.1(2)“w”(8), has been reached for any of the listed pollutants, the owner or operator at the facility must apply for air construction permits for all substantial small units for which the cumulative notice threshold for the pollutant(s) in question has been reached. The owner or operator shall have 90 days from the date it determines that the cumulative notice threshold has been reached in which to apply for construction permit(s). The owner or operator shall submit a letter to the department, within five working days of making this determination, establishing the date the owner or operator determined that the cumulative notice threshold had been reached.    (8)   “Cumulative notice threshold” means the total combined emissions from all substantial small units using the small unit exemption that emit at the facility the following amounts, as documented in the exemption justification document:    1.   0.6 tons per year of lead and lead compounds expressed as lead;    2.   40 tons per year of sulfur dioxide;    3.   40 tons per year of nitrogen oxides;    4.   40 tons per year of volatile organic compounds;    5.   100 tons per year of carbon monoxide;    6.   25 tons per year of particulate matter (particulate matter as defined in 40 CFR 51.100(pp), as amended through November 7, 1986);    7.   15 tons per year of PM10;    8.   10 tons per year of PM2.5 (does not apply to equipment for which initiation of construction, installation, reconstruction, or alteration (as defined in 567—22.1(455B)) occurred on or before October 23, 2013); or    9.   10 tons per year of any hazardous air pollutant or 25 tons per year of any combination of hazardous air pollutants.    x.    The following equipment, processes, and activities:    (1)   Cafeterias, kitchens, and other facilities used for preparing food or beverages primarily for consumption at the source.    (2)   Consumer use of office equipment and products, not including printers or businesses primarily involved in photographic reproduction.    (3)   Janitorial services and consumer use of janitorial products.    (4)   Internal combustion engines used for lawn care, landscaping, and groundskeeping purposes.    (5)   Laundry activities located at a stationary source that uses washers and dryers to clean, with water solutions of bleach or detergents, or to dry clothing, bedding, and other fabric items used on site. This exemption does not include laundry activities that use dry cleaning equipment or steam boilers.    (6)   Bathroom vent emissions, including toilet vent emissions.    (7)   Blacksmith forges.    (8)   Plant maintenance and upkeep activities and repair or maintenance shop activities (e.g., groundskeeping, general repairs, cleaning, painting, welding, plumbing, retarring roofs, installing insulation, and paving parking lots), provided that these activities are not conducted as part of manufacturing process, are not related to the source’s primary business activity, and do not otherwise trigger a permit modification. Cleaning and painting activities qualify if they are not subject to control requirements for volatile organic compounds or hazardous air pollutants as defined in 567—24.100(455B).    (9)   Air compressors and vacuum pumps, including hand tools.    (10)   Batteries and battery charging stations, except at battery manufacturing plants.    (11)   Equipment used to store, mix, pump, handle or package soaps, detergents, surfactants, waxes, glycerin, vegetable oils, greases, animal fats, sweetener, corn syrup, and aqueous salt or caustic solutions, provided that appropriate lids and covers are utilized and that no organic solvent has been mixed with such materials.    (12)   Equipment used exclusively to slaughter animals, but not including other equipment at slaughterhouses, such as rendering cookers, boilers, heating plants, incinerators, and electrical power generating equipment.    (13)   Vents from continuous emissions monitors and other analyzers.    (14)   Natural gas pressure regulator vents, excluding venting at oil and gas production facilities.    (15)   Equipment used by surface coating operations that apply the coating by brush, roller, or dipping, except equipment that emits volatile organic compounds or hazardous air pollutants as defined in 567—24.100(455B).    (16)   Hydraulic and hydrostatic testing equipment.    (17)   Environmental chambers not using gases that are hazardous air pollutants as defined in 567—24.100(455B).    (18)   Shock chambers, humidity chambers, and solar simulators.    (19)   Fugitive dust emissions related to movement of passenger vehicles on unpaved road surfaces, provided that the emissions are not counted for applicability purposes and that any fugitive dust control plan or its equivalent is submitted as required by the department.    (20)   Process water filtration systems and demineralizers, demineralized water tanks, and demineralizer vents.    (21)   Boiler water treatment operations, not including cooling towers or lime silos.    (22)   Oxygen scavenging (deaeration) of water.    (23)   Fire suppression systems.    (24)   Emergency road flares.    (25)   Steam vents, safety relief valves, and steam leaks.    (26)   Steam sterilizers.    (27)   Application of hot melt adhesives from closed-pot systems using polyolefin compounds, polyamides, acrylics, ethylene vinyl acetate and urethane material when stored and applied at the manufacturer’s recommended temperatures. Equipment used to apply hot melt adhesives shall have a safety device that automatically shuts down the equipment if the hot melt temperature exceeds the manufacturer’s recommended application temperature.    y.    Direct-fired equipment burning natural gas, propane, or liquefied propane with a capacity of less than 10 million Btu per hour input, and direct-fired equipment burning fuel oil with a capacity of less than 1 million Btu per hour input, with emissions that are attributable only to the products of combustion. Emissions other than those attributable to the products of combustion shall be accounted for in an enforceable permit condition or shall otherwise be exempt under this subrule.    z.    Closed refrigeration systems, including storage tanks used in refrigeration systems but excluding any combustion equipment associated with such systems.    aa.    Pretreatment application processes that use aqueous-based chemistries designed to clean a substrate, provided that the chemical concentrate contains no more than 5 percent organic solvents by weight. This exemption includes pretreatment processes that use aqueous-based cleaners, cleaner-phosphatizers, and phosphate conversion coating chemistries.    bb.    Indoor-vented powder coating operations with filters or powder recovery systems.    cc.    Electric curing ovens or curing ovens that run on natural gas or propane with a maximum heat input of less than 10 million Btu per hour and that are used for powder coating operations, provided that the total cured powder usage is less than 75 tons of powder per year at the stationary source. Records shall be maintained on site by the owner or operator for a period of at least two calendar years to demonstrate that cured powder usage is less than the exemption threshold.    dd.    Each production painting, adhesive or coating unit using an application method other than a spray system and associated cleaning operations that use 1,000 gallons or less of coating and solvents annually, unless the production painting, adhesive or coating unit and associated cleaning operations are subject to work practice, process limits, emissions limits, stack testing, recordkeeping or reporting requirements under 567—subrule 23.1(2), 23.1(3) or 23.1(4). Records shall be maintained on site by the owner or operator for a period of at least two calendar years to demonstrate that paint, adhesive, or solvent usage is at or below the exemption threshold.    ee.    Any production surface coating activity that uses only nonrefillable handheld aerosol cans, where the total volatile organic compound emissions from all these activities at a stationary source do not exceed 5.0 tons per year.    ff.    Production welding.    (1)   Consumable electrode.    1.   Welding operations for which initiation of construction, installation, reconstruction, or alteration (as defined in 567—22.1(455B)) occurred on or before October 23, 2013, using a consumable electrode, provided that the consumable electrode used falls within American Welding Society specification A5.18/A5.18M for Gas Metal Arc Welding (GMAW), A5.1 or A5.5 for Shielded Metal Arc Welding (SMAW), and A5.20 for Flux Core Arc Welding (FCAW), and provided that the quantity of all electrodes used at the stationary source of the acceptable specifications is below 200,000 pounds per year for GMAW and 28,000 pounds per year for SMAW or FCAW. Records that identify the type and annual amount of welding electrode used shall be maintained on site by the owner or operator for a period of at least two calendar years. For stationary sources where electrode usage exceeds these levels, the welding activity at the stationary source may be exempted if the amount of electrode used (Y) is less than:Y = the greater of 1380x - 19,200 or 200,000 for GMAW, orY = the greater of 187x - 2,600 or 28,000 for SMAW or FCAWWhere “x” is the minimum distance to the property line in feet and “Y” is the annual electrode usage in pounds per year.If the stationary source has welding processes that fit into both of the specified exemptions, the most stringent limits must be applied.    2.   Welding operations for which initiation of construction, installation, reconstruction, or alteration (as defined in 567—22.1(455B)) occurred after October 23, 2013, using a consumable electrode, provided that the consumable electrode used falls within American Welding Society specification A5.18/A5.18M for Gas Metal Arc Welding (GMAW), A5.1 or A5.5 for Shielded Metal Arc Welding (SMAW), and A5.20 for Flux Core Arc Welding (FCAW), and provided that the quantity of all electrodes used at the stationary source of the acceptable specifications is below 12,500 pounds per year for GMAW and 1,600 pounds per year for SMAW or FCAW. Records that identify the type and annual amount of welding electrode used shall be maintained on site by the owner or operator for a period of at least two calendar years. For stationary sources where electrode usage exceeds these levels, the welding activity at the stationary source may be exempted if the amount of electrode used (Y) is less than:Y = the greater of 84x - 1,200 or 12,500 for GMAW, orY = the greater of 11x - 160 or 1,600 for SMAW or FCAWWhere “x” is the minimum distance to the property line in feet and “Y” is the annual electrode usage in pounds per year.If the stationary source has welding processes that fit into both of the specified exemptions, the most stringent limits must be applied.    (2)   Resistance welding, submerged arc welding, or arc welding that does not use a consumable electrode, provided that the base metals do not include stainless steel, alloys of lead, alloys of arsenic, or alloys of beryllium and provided that the base metals are uncoated, excluding manufacturing process lubricants.    gg.    Electric hand soldering, wave soldering, and electric solder paste reflow ovens for which initiation of construction, installation, reconstruction, or alteration (as defined in 567—22.1(455B)) occurred on or before October 23, 2013. Electric hand soldering, wave soldering, and electric solder paste reflow ovens for which initiation of construction, installation, reconstruction, or alteration (as defined in 567—2.1(455B)) occurred after October 23, 2013, shall be limited to 37,000 pounds or less per year of lead-containing solder. Records shall be maintained on site by the owner or operator for at least two calendar years to demonstrate that use of lead-containing solder is less than the exemption thresholds.    hh.    Pressurized piping and storage systems for natural gas, propane, liquefied petroleum gas (LPG), and refrigerants, where emissions could only result from an upset condition.    ii.    Emissions from the storage and mixing of paints and solvents associated with the painting operations, provided that the emissions from the storage and mixing are accounted for in an enforceable permit condition or are otherwise exempt.    jj.    Product labeling using laser and ink-jet printers with target distances less than or equal to six inches and an annual material throughput of less than 1,000 gallons per year as calculated on a stationary sourcewide basis.    kk.    Equipment related to research and development activities at a stationary source, provided that:    (1)   Actual emissions from all research and development activities at the stationary source based on a 12-month rolling total are less than the following levels:    1.   2 pounds per year of lead and lead compounds expressed as lead (40 pounds per year for research and development activities that commenced on or before October 23, 2013);    2.   5 tons per year of sulfur dioxide;    3.   5 tons per year of nitrogen oxides;    4.   5 tons per year of volatile organic compounds;    5.   5 tons per year of carbon monoxide;    6.   5 tons per year of particulate matter (particulate matter as defined in 40 CFR 51.100(pp) as amended through November 7, 1986);    7.   2.5 tons per year of PM10;    8.   0.52 tons per year of PM2.5 (does not apply to research and development activities that commenced on or before October 23, 2013); and    9.   5 tons per year of hazardous pollutants (as defined in 567—24.100(455B)); and    (2)   The owner or operator maintains records of actual operations demonstrating that the annual emissions from all research and development activities conducted under this exemption are below the levels listed in 22.1(2)“kk”(1). These records shall:    1.   Include a list of equipment that is included under the exemption;    2.   Include records of actual operation and detailed calculations of actual annual emissions, reflecting the use of any control equipment and demonstrating that the emissions are below the levels specified in the exemption;    3.   Include, if air pollution equipment is used in the calculation of emissions, a copy of any report of manufacturer’s testing, if available. The department may require a test if it believes that a test is necessary for the exemption claim; and    4.   Be maintained on site for a minimum of two years, be made available for review during normal business hours and for state and EPA on-site inspections, and be provided to the director or the director’s designee upon request. Facilities designated as major sources pursuant to 567—22.4(455B) and 567—24.101(455B), or subject to any applicable federal requirements, shall retain all records demonstrating compliance with this exemption for five years.    (3)   An owner or operator using this exemption obtains a construction permit or ceases operation of equipment if operation of the equipment would cause the emission levels listed in this exemption to be exceeded.For the purposes of this exemption, “research and development activities” shall be defined as activities:    1.   That are operated under the close supervision of technically trained personnel;     2.   That are conducted for the primary purpose of theoretical research or research and development into new or improved processes and products;     3.   That do not manufacture more than de minimus amounts of commercial products; and    4.   That do not contribute to the manufacture of commercial products by collocated sources in more than a de minimus manner.    ll.    A regional collection center (RCC), as defined in 567—Chapter 211, involved in the processing of permitted hazardous materials from households and conditionally exempt small quantity generators (CESQG), not to exceed 1,200,000 pounds of VOC-containing material in a 12-month rolling period. Latex paint drying may not exceed 120,000 pounds per year on a 12-month rolling total. Other nonprocessing emission units (e.g., standby generators and waste oil heaters) shall not be eligible to use this exemption.    mm.    Cold solvent cleaning machines that are not in-line cleaning machines, where the maximum vapor pressure of the solvents used shall not exceed 0.7 kPa (5 mmHg or 0.1 psi) at 20°C (68°F). The machine must be equipped with a tightly fitted cover or lid that shall be closed at all times except during parts entry and removal. This exemption cannot be used for cold solvent cleaning machines that use solvent containing methylene chloride (CAS # 75-09-2), perchloroethylene (CAS # 127-18-4), trichloroethylene (CAS # 79-01-6), 1,1,1-trichloroethane (CAS # 71-55-6), carbon tetrachloride (CAS # 56-23-5) or chloroform (CAS # 67-66-3), or any combination of these halogenated HAP solvents in a total concentration greater than 5 percent by weight.    nn.    Emissions from mobile over-the-road trucks, and mobile agricultural and construction internal combustion engines that are operated only for repair or maintenance purposes at equipment repair shops or equipment dealerships, and only when the repair shops or equipment dealerships are not major sources as defined in 567—24.100(455B).    oo.    A nonroad diesel fueled engine, as “nonroad engine” is defined in 40 CFR Section 1068.30 as amended through January 24, 2023, with a brake horsepower rating of less than 1,100 at full load measured at the shaft, used to conduct periodic testing and maintenance on natural gas pipelines. For the purposes of this exemption, the manufacturer’s nameplate rating shall be defined as the brake horsepower output at the shaft at full load.    (1)   To qualify for the exemption, the engine must:    1.   Be used for periodic testing and maintenance on natural gas pipelines outside the compressor station, which shall not exceed 330 hours in any 12-month consecutive period at a single location; or    2.   Be used for periodic testing and maintenance on natural gas pipelines within the compressor station, which shall not exceed 330 hours in any 12-month consecutive period.    (2)   The owner or operator shall maintain a monthly record of the number of hours the engine operated and a record of the rolling 12-month total of the number of hours the engine operated for each location outside the compressor station and within the compressor station. These records shall be maintained for two years. Records shall be made available to the department upon request.    (3)   This exemption shall not apply to the replacement or substitution of engines for backup power generation at a pipeline compressor station.
        22.1(3) Construction permits.  The owner or operator of a new or modified stationary source shall apply for a construction permit. Construction permit applications, including the information referenced above and in 567—22.1(455B) through 567—22.10(455B), shall be submitted in the electronic format specified by the department, if electronic submittal is provided.The owner or operator of any new or modified industrial anaerobic lagoon shall apply for a construction permit as specified in this subrule and as provided in 567—Chapter 22. The owner or operator of a new or modified anaerobic lagoon for an animal feeding operation shall apply for a construction permit as provided in 567—Chapter 65.    a.    Regulatory applicability determinations.If requested in writing, the director will review the design concepts of equipment and associated control equipment prior to application for a construction permit. The purpose of the review would be to determine the acceptability of the location of the equipment. If the review is requested, the requester shall supply the following information and submit a fee as required in 567—Chapter 30:    (1)   Preliminary plans and specifications of equipment and related control equipment.    (2)   The exact site location and a plot plan of the immediate area, including the distance to and height of nearby buildings and the estimated location and elevation of the emission points.    (3)   The estimated emission rates of any air contaminants that are to be considered.    (4)   The estimated exhaust gas temperature, velocity at the point of discharge, and stack diameter at the point of discharge.    (5)   An estimate of when construction would begin and when construction would be completed.    b.    Construction permit applications.Each application for a construction permit shall be submitted to the department. Final plans and specifications for the proposed equipment or related control equipment shall be submitted with the application for a permit and shall be prepared by or under the direct supervision of a professional engineer licensed in the state of Iowa in conformance with Iowa Code section 542B.1, or consistent with the provisions of Iowa Code section 542B.26 for any full-time employee of any corporation while the employee is doing work for that corporation. The application for a permit to construct shall include the following information:    (1)   A description of the equipment or control equipment covered by the application;    (2)   A scaled plot plan, including the distance and height of nearby buildings, and the location and elevation of existing and proposed emission points;    (3)   The composition of the effluent stream, both before and after any control equipment with estimates of emission rates, concentration, volume and temperature;    (4)   The physical and chemical characteristics of the air contaminants;    (5)   The proposed dates and description of any tests to be made by the owner or operator of the completed installation to verify compliance with applicable emission limits or standards of performance;    (6)   Information pertaining to sampling port locations, scaffolding, power sources for operation of appropriate sampling instruments, and pertinent allied facilities for making tests to ascertain compliance;    (7)   Any additional information deemed necessary by the department to determine compliance with or applicability of 567—22.4(455B), 567—22.5(455B), 567—31.3(455B) and 567—33.3(455B);    (8)   Reserved.    (9)   A signed statement that ensures the applicant’s legal entitlement to install and operate equipment covered by the permit application on the property identified in the permit application. A signed statement shall not be required for rock crushers, portable concrete or asphalt equipment used in conjunction with specific identified construction projects that are intended to be located at a site only for the duration of the specific, identified construction project; and    (10)   Application fee.    1.   The owner or operator shall submit a fee as required in 567—Chapter 30 to obtain a permit under 22.1(1), 567—22.4(455B), 567—22.5(455B), 567—22.8(455B), 567—22.10(455B), 567—Chapter 31 or 567—Chapter 33;    2.   For application submittals from a minor source as defined in 567—Chapter 30, the department shall not initiate review and processing of a permit application submittal until all required application fees have been paid to the department; and    (11)   Quantity of greenhouse gas emissions for all applications for projects that will or do have greenhouse gas emissions. For all applications for projects that will not or do not have greenhouse gas emissions, the applicant shall indicate in the application that no greenhouse gases will be emitted and the applicant will not be required to file an inventory of greenhouse gases with that application, unless requested by the department.    c.    Application requirements for anaerobic lagoons.The application for a permit to construct an anaerobic lagoon shall include the following information:    (1)   The source of the water being discharged to the lagoon;    (2)   A plot plan, including distances to nearby residences or occupied buildings, local land use zoning maps of the vicinity, and a general description of the topography in the vicinity of the lagoon;    (3)   In the case of an animal feeding operation, the information required in 567—Chapter 65;    (4)   In the case of an industrial source, a chemical description of the waste being discharged to the lagoon;    (5)   A report of sulfate analyses conducted on the water to be used for any purpose in a livestock operation proposing to use an anaerobic lagoon. The report shall be prepared by using standard methods as defined in 567—60.2(455B);    (6)   A description of available water supplies to prove that adequate water is available for dilution;    (7)   In the case of an animal feeding operation, a waste management plan describing the method of waste collection and disposal and the land to be used for disposal. Evidence that the waste disposal equipment is of sufficient size to dispose of the wastes within a 20-day period per year shall also be provided;    (8)   Any additional information needed by the department to determine compliance with these rules.

    567—22.2(455B) Processing permit applications.      22.2(1) Incomplete applications.  The department will notify the applicant whether the application is complete or incomplete. If the application is found by the department to be incomplete upon receipt, the applicant will be notified within 30 days of that fact and of the specific deficiencies. Sixty days following such notification, the application may be denied for lack of information. When this schedule would cause undue hardship to an applicant, or the applicant has a compelling need to proceed promptly with the proposed installation, modification or location, a request for priority consideration and the justification therefor shall be submitted to the department.    22.2(2) Public notice and participation.  A notice of intent to issue a construction permit to a major stationary source shall be published by the department in a newspaper having general circulation in the area affected by the emissions of the proposed source. The notice and supporting documentation shall be made available for public inspection upon request from the department’s central office. Publication of the notice shall be made at least 30 days prior to issuing a permit and shall include the department’s evaluation of ambient air impacts. The public may submit written comments or request a public hearing. If the response indicates significant interest, a public hearing may be held after due notice.    22.2(3) Final notice.  The department shall notify the applicant in writing of the issuance or denial of a construction permit as soon as practicable and at least within 120 days of receipt of the completed application. This shall not apply to applicants for electric generating facilities subject to Iowa Code chapter 476A.

    567—22.3(455B) Issuing permits.      22.3(1) Stationary sources other than anaerobic lagoons.  In no case shall a construction permit that results in an increase in emissions be issued to any facility that is in violation of any condition found in a permit involving PSD, NSPS, NESHAP or a provision of the Iowa state implementation plan (SIP). If the facility is in compliance with a schedule for correcting the violation and that schedule is contained in an order or permit condition, the department may consider issuance of a construction permit. A construction permit shall be issued when the director concludes that the preceding requirement has been met and:    a.    That the required plans and specifications represent equipment that reasonably can be expected to comply with all applicable emission standards, and    b.    That the expected emissions from the proposed source or modification in conjunction with all other emissions will not prevent the attainment or maintenance of the ambient air quality standards specified in 567—22.11(455B), and    c.    That the applicant has not relied on emission limits based on stack height that exceeds good engineering practice or any other dispersion techniques as defined in 567—subrule 23.1(6), and    d.    That the applicant has met all other applicable requirements.    22.3(2) Anaerobic lagoons.  A construction permit for an industrial anaerobic lagoon shall be issued when the director concludes that the application for permit represents an approach to odor control that can reasonably be expected to comply with the criteria in 567—subrule 23.5(2). A construction permit for an animal feeding operation using an anaerobic lagoon shall be issued when the director concludes that the application has met the requirements of 567—Chapter 65.    22.3(3) Conditions of approval.  A permit may be issued subject to conditions that shall be specified in writing. Such conditions may include but are not limited to emission limits, operating conditions, fuel specifications, compliance testing, continuous monitoring, and excess emission reporting.    a.    Each permit shall specify the date on which it becomes void if work on the installation for which it was issued has not been initiated.    b.    Each permit shall list the requirements for notifying the department of the dates of intended startup, start of construction and actual equipment startup. All notifications shall be in writing and include the following information:    (1)   The date or dates required by 22.3(3)“b” for which the notice is being submitted.    (2)   Facility name.    (3)   Facility address.    (4)   DNR-assigned facility number.    (5)   DNR air construction permit number.    (6)   The name or the number of the emission unit or units in the notification.    (7)   The emission point number or numbers in the notification.    (8)   The name and signature of a company official.    (9)   The date the notification was signed.    c.    Each permit shall specify that no review has been undertaken on the various engineering aspects of the equipment other than the potential of the equipment for reducing air contaminant emissions.    d.    Reserved.    e.    If changes in the final plans and specifications are proposed by the permittee after a construction permit has been issued, a supplemental permit shall be obtained.    f.    A permit is not transferable from one location to another or from one piece of equipment to another unless the equipment is portable. When portable equipment for which a permit has been issued is to be transferred from one location to another, the department shall be notified in writing at least seven days prior to the transfer of the portable equipment to the new location. Written notification shall be submitted to the department through one of the following methods: electronic mail (email), mail delivery service (including U.S. Mail), hand delivery, facsimile (fax), or by electronic format specified by the department (at such time as an Internet-based submittal system or other, similar electronic submittal system becomes available). However, if the owner or operator is relocating the portable equipment to an area currently classified as nonattainment for ambient air quality standards or to an area under a maintenance plan for ambient air quality standards, the owner or operator shall notify the department at least 14 days prior to transferring the portable equipment to the new location. A list of nonattainment and maintenance areas may be obtained from the department, upon request, or on the department’s Internet website. The owner or operator will be notified by the department at least ten days prior to the scheduled relocation if said relocation will prevent the attainment or maintenance of ambient air quality standards and thus require a more stringent emission standard and the installation of additional control equipment. In such a case, the owner or operator shall obtain a supplemental permit prior to the initiation of construction, installation, or alteration of such additional control equipment.    g.    The issuance of a permit (approval to construct) shall not relieve any owner or operator of the responsibility to comply fully with applicable provisions of the SIP and any other requirement under local, state or federal law.    22.3(4) Denial of a permit.      a.    When an application for a construction permit is denied, the applicant shall be notified in writing of the reasons therefor. A denial shall be without prejudice to the right of the applicant to file a further application after revisions are made to meet the objections specified as reasons for the denial.    b.    The department may deny an application based upon the applicant’s failure to provide a signed statement of the applicant’s legal entitlement to install and operate equipment covered by the permit application on the property identified in the permit application.    22.3(5) Modification of a permit.  The director may, after public notice of such decision, modify a condition of approval of an existing permit for a major stationary source or an emission limit contained in an existing permit for a major stationary source if necessary to attain or maintain an ambient air quality standard, or to mitigate excessive deposition of mercury.    22.3(6) Limits on hazardous air pollutants.  The department may limit a source’s hazardous air pollutant potential to emit, as defined in 567—24.100(455B), in the source’s construction permit for the purpose of establishing federally enforceable limits on the source’s hazardous air pollutant potential to emit.    22.3(7) Revocation of a permit.  The department may revoke a permit upon obtaining knowledge that a permit holder has lost legal entitlement to use the property identified in the permit to install and operate equipment covered by the permit, upon notice that the property owner does not wish to have continued the operation of the permitted equipment, or upon notice that the owner of the permitted equipment no longer wishes to retain the permit for future operation.    22.3(8) Ownership change of permitted equipment.  The new owner shall notify the department in writing no later than 30 days after the change in ownership of equipment covered by a construction permit pursuant to 567—22.1(455B). The notification to the department shall be mailed to the Air Quality Bureau, Iowa Department of Natural Resources, 502 East 9th Street, Des Moines, Iowa 50319, and shall include the following information:    a.    The date of ownership change;    b.    The name, address and telephone number of the responsible official, the contact person and the owner of the equipment both before and after ownership change; and    c.    The construction permit number of the equipment changing ownership.

    567—22.4(455B) Major stationary sources located in areas designated attainment or unclassified (PSD).  As applicable, the owner or operator of a stationary source shall comply with the rules for new source review (NSR) for the PSD as set forth in 567—Chapter 33. An owner or operator required to apply for a construction permit under this rule shall submit all required fees as required in 567—Chapter 30.

    567—22.5(455B) Major stationary sources located in areas designated nonattainment.  As applicable, the owner or operator of a stationary source shall comply with the requirements for the nonattainment major NSR program as set forth in 567—31.20(455B). An owner or operator required to apply for a construction permit under this rule shall submit all required fees as required in 567—Chapter 30.

    567—22.6()    Reserved.

    567—22.7(455B) Alternative emission control program (bubble concept).      22.7(1) Applicability.  The owner or operator of any source located in an area with attainment or unclassified status (as published at 40 CFR Section 81.316) or located in an area with an approved SIP demonstrating attainment by the statutory deadline may apply for an alternative set of emission limits if:    a.    The applicant is presently in compliance with EPA-approved SIP requirements, or    b.    The applicant is subject to a consent order to meet an EPA-approved compliance schedule and the final compliance date will not be delayed by the use of alternative emission limits.Emission limits for individual emission points included in 567—23.3(455B) (except 23.3(2)“d,” 23.3(2)“b”(3), and 23.3(3)“a”(3)) and 567—23.4(455B) (except 23.4(12)“b” and 23.4(6)) may be replaced by alternative emission limits. 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.    22.7(2) Demonstration requirements.  The applicant for the alternative emission control program shall have the burden of demonstrating that:    a.    The alternative emission control program will not interfere with the attainment and maintenance of ambient air quality standards, including the reasonable further progress or prevention of significant deterioration requirements of the Act;    b.    The alternative emission limits are equivalent to existing emission limits in pollution reduction, enforceability, and environmental impact (in the case of a particulate nonattainment area, the difference between the allowable emission rate and the actual emission rate, as of January 1, 1978, cannot be credited in the emissions tradeoff);    c.    The pollutants being exchanged are comparable and within the same pollutant category;    d.    Hazardous air pollutants designated in 40 CFR Part 61, as adopted by reference in 23.1(3), will not be exchanged for nonhazardous air pollutants;    e.    The alternative program will not result in any delay in compliance by any source. Specific situations may require additional demonstration as specified in 44 FR 71780-71788, December 11, 1979, or as requested by the director.    f.    The owner or operator of any facility applying for an alternative emission control program that involves the trade-off of sulfur dioxide emissions shall install, calibrate, maintain and operate continuous sulfur dioxide monitoring equipment consistent with EPA reference methods (40 CFR Part 60, Appendix B). The equipment shall be operational within three months of EPA approval of an alternative emission control program.    22.7(3) Approval process.      a.    The director shall review all alternative emission control program proposals and shall make recommendations on all completed demonstrations to the commission.    b.    After receiving recommendations from the director and public comments made available through the hearing process, the commission may approve or disapprove the alternative emission control program proposal.    c.    If approved by the commission, the program will be forwarded to the EPA regional administrator as a revision to the SIP. The alternative emission control program must receive the approval of the EPA regional administrator prior to becoming effective.

    567—22.8(455B) Permit by rule.      22.8(1)   Permit by rule for spray booths. Spray booths that comply with the requirements contained in this rule will be deemed to be in compliance with the requirements to obtain an air construction permit and an air operating permit. Spray booths that comply with this rule will be considered to have federally enforceable limits so that their potential emissions are less than the major source limits for regulated air pollutants and hazardous air pollutants as defined in 567—24.100(455B). An owner or operator required to apply for a permit by rule under this subrule shall submit fees as required in 567—Chapter 30.    a.    Definition. “Sprayed material” is material applied by spray equipment when used in a surface coating process in a spray booth, including but not limited to paint, solvents, and mixtures of paint and solvents. Powder coatings applied in an indoor-vented spray booth equipped with filters or overspray powder recovery systems are not considered sprayed material for purposes of this rule.    b.    Facilities that facility-wide spray one gallon per day or less of sprayed material are exempt from all other requirements in 567—Chapter 22, except that they must submit the certification in 22.8(1)“e” to the department and keep records of daily sprayed material use. Any spray booth or associated equipment for which initiation of construction, installation, reconstruction, or alteration (as defined in 567—22.1(455B)) occurred after October 23, 2013, shall use sprayed material with a maximum lead content of 0.35 pounds or less per gallon if the booth or associated equipment is subject to the following NESHAP: 40 CFR Part 63, Subpart HHHHHH or Subpart XXXXXX. Any spray booth or associated equipment for which initiation of construction, installation, reconstruction, or alteration (as defined in 567—22.1(455B)) occurred after October 23, 2013, that is not subject to the NESHAP or is otherwise exempt from the NESHAP shall use sprayed material with a maximum lead content of 0.02 pounds or less per gallon. The owner or operator must keep the records of daily sprayed material use for 18 months from the date to which the records apply and shall keep safety data sheets (SDS) or equivalent records for at least two calendar years to demonstrate that the sprayed materials contain lead at less than the exemption thresholds. The owner or operator must also certify that the facility is in compliance with or otherwise exempt from the federal regulations specified in 22.8(1)“e.”    c.    Facilities that facility-wide spray more than one gallon per day but never more than three gallons per day are exempt from all other requirements in 567—Chapter 22, except that they must submit the certification in 22.8(1)“e” to the department, keep records of daily sprayed material use, and vent emissions from a spray booth(s) through a stack(s) that is at least 22 feet tall, measured from ground level. Any spray booth or associated equipment for which initiation of construction, installation, reconstruction, or alteration (as defined in 567—22.1(455B)) occurred after October 23, 2013, shall use sprayed material with a maximum lead content of 0.35 pounds or less per gallon if the booth or associated equipment is subject to the following NESHAP: 40 CFR Part 63, Subpart HHHHHH or Subpart XXXXXX. Any spray booth or associated equipment for which initiation of construction, installation, reconstruction, or alteration (as defined in 567—22.1(455B)) occurred after October 23, 2013, that is not subject to the NESHAP or is otherwise exempt from the NESHAP shall use sprayed material with a maximum lead content of 0.02 pounds or less per gallon. The owner or operator must keep the records of daily sprayed material use for 18 months from the date to which the records apply and shall keep SDS or equivalent records for at least two calendar years to demonstrate that the sprayed materials contain lead at less than the exemption thresholds. The owner or operator must also certify that the facility is in compliance with or otherwise exempt from the federal regulations specified in 22.8(1)“e.”    d.    Facilities that facility-wide spray more than three gallons per day are not eligible to use the permit by rule for spray booths and must apply for a construction permit as required by 22.1(1) and 22.1(3), unless otherwise exempt.    e.    Certification. Facilities that claim to be permitted by provisions of this rule must submit to the department a written notification as directed by the department, certifying that the facility meets the following conditions:    (1)   All spray booths and associated equipment are in compliance with the provisions of 22.8(1);    (2)   All spray booths and associated equipment are in compliance with all applicable requirements including, but not limited to, the allowable particulate emission rate for painting and surface coating operations of 0.01 gr/scf of exhaust gas as specified in 567—subrule 23.4(13); and    (3)   All spray booths and associated equipment currently are or will be in compliance with or otherwise exempt from the NESHAP for paint stripping and miscellaneous surface coating at area sources (40 CFR Part 63, Subpart HHHHHH) and the NESHAP for metal fabricating and finishing at area sources (40 CFR Part 63, Subpart XXXXXX) by the applicable NESHAP compliance dates.    22.8(2)   Reserved.

    567—22.9(455B) Special requirements for visibility protection.      22.9(1)   to 22.9(3) Reserved.    22.9(4) Notification.  For the purpose of the regional haze program under 40 CFR Section 51.308, as amended through January 10, 2017, the department shall notify in writing the owner, operator or designated representative of a source of the department’s determination that the source may cause or contribute to visibility impairment in any mandatory Class I area listed in 40 CFR Part 81, Subpart D, as amended through October 5, 1989.    22.9(5) Analysis.  The owner, operator, or designated representative of a source notified pursuant to 22.9(4) shall prepare and submit an analysis to the department after receipt of written notification by the department that an analysis is required.     22.9(6) Control technology implementation.  Following the department’s review of the analysis submitted pursuant to 22.9(5), an owner or operator of a source notified pursuant to 22.9(4) shall:    a.    Submit all necessary permit applications to achieve the emissions requirements established following the completion of analysis performed in accordance with 22.9(5).    b.    Install, operate, and maintain the control technology as required by permits issued by the department.

    567—22.10(455B) Permitting requirements for country grain elevators, country grain terminal elevators, grain terminal elevators and feed mill equipment.  The requirements of this rule apply only to country grain elevators, country grain terminal elevators, grain terminal elevators and feed mill equipment, as these terms are defined in 22.10(1). This rule does not apply to equipment located at grain processing plants or grain storage elevators, as “grain processing” and “grain storage elevator” are defined in 567—22.1(455B). Compliance with the requirements of this rule does not alleviate any affected person’s duty to comply with any applicable state or federal regulations. In particular, the emission standards set forth in 567—Chapter 23, including the regulations for grain elevators contained in 40 CFR Part 60, Subpart DD (as adopted by reference in 567—paragraph 23.1(2)“ooo”), may apply. An owner or operator subject to this rule shall submit fees as required in 567—Chapter 30.    22.10(1) Definitions.  For purposes of 567—22.10(455B), the following terms shall have the meanings indicated in this subrule.        "Country grain elevator" means any plant or installation at which grain is unloaded, handled, cleaned, dried, stored, or loaded and that meets the following criteria:
    1. Receives more than 50 percent of its grain, as “grain” is defined in this subrule, from farmers in the immediate vicinity during harvest season;
    2. Is not located at any wheat flour mill, wet corn mill, dry corn mill (human consumption), rice mill, or soybean oil extraction plant.
            "Country grain terminal elevator" means any plant or installation at which grain is unloaded, handled, cleaned, dried, stored, or loaded and that meets the following criteria:
    1. Receives 50 percent or less of its grain, as “grain” is defined in this subrule, from farmers in the immediate vicinity during harvest season;
    2. Has a permanent storage capacity of less than or equal to 2.5 million U.S. bushels, as “permanent storage capacity” is defined in this subrule;
    3. Is not located at any wheat flour mill, wet corn mill, dry corn mill (human consumption), rice mill, or soybean oil extraction plant.
            "Feed mill equipment," for purposes of 567—22.10(455B), means grain processing equipment that is used to make animal feed including, but not limited to, grinders, crackers, hammermills, and pellet coolers, and that is located at a country grain elevator, country grain terminal elevator or grain terminal elevator.        "Grain," as set forth in Iowa Code section 203.1(9), means any grain for which the United States Department of Agriculture has established standards including, but not limited to, corn, wheat, oats, soybeans, rye, barley, grain sorghum, flaxseeds, sunflower seed, spelt (emmer), and field peas.        "Grain processing" means the same as defined in 567—22.1(455B).        "Grain storage elevator" means the same as defined in 567—22.1(455B).        "Grain terminal elevator," for purposes of 567—22.10(455B), means any plant or installation at which grain is unloaded, handled, cleaned, dried, stored, or loaded and that meets the following criteria:
    1. Receives 50 percent or less of its grain, as “grain” is defined in this subrule, from farmers in the immediate vicinity during harvest season;
    2. Has a permanent storage capacity of more than 88,100 m3 (2.5 million U.S. bushels), as “permanent storage capacity” is defined in this subrule;
    3. Is not located at an animal food manufacturer, pet food manufacturer, cereal manufacturer, brewery, or livestock feedlot;
    4. Is not located at any wheat flour mill, wet corn mill, dry corn mill (human consumption), rice mill, or soybean oil extraction plant.
            "Permanent storage capacity" means grain storage capacity that is inside a building, bin, or silo.
        22.10(2) Methods for determining potential to emit (PTE).  The owner or operator of a country grain elevator, country grain terminal elevator, grain terminal elevator or feed mill equipment shall use the following methods for calculating the PTE for particulate matter (PM) and for particulate matter with an aerodynamic diameter less than or equal to 10 microns (PM10).    a.    Country grain elevators.The owner or operator of a country grain elevator shall calculate the PTE for PM and PM10 as specified in the definition of “potential to emit” in 567—22.1(455B), except that “maximum capacity” means the greatest amount of grain received at the country grain elevator during one calendar, 12-month period of the previous five calendar, 12-month periods, multiplied by an adjustment factor of 1.2. The owner or operator may make additional adjustments to the calculations for air pollution control of PM and PM10 if the owner or operator submits the calculations to the department using the PTE calculation tool provided by the department, and only if the owner or operator fully implements the applicable air pollution control measures no later than March 31, 2009, or upon startup of the equipment, whichever event first occurs. Credit for the application of some best management practices, as specified in 22.10(3) or in a permit issued by the department, may also be used to make additional adjustments in the PTE for PM and PM10 if the owner or operator submits the calculations to the department using the PTE calculation tool provided by the department, and only if the owner or operator fully implements the applicable best management practices no later than March 31, 2009, or upon startup of the equipment, whichever event first occurs.    b.    Country grain terminal elevators.The owner or operator of a country grain terminal elevator shall calculate the PTE for PM and PM10 as specified in the definition of “potential to emit” in 567—22.1(455B).    c.    Grain terminal elevators.For purposes of the permitting and other requirements specified in 22.10(3), the owner or operator of a grain terminal elevator shall calculate the PTE for PM and PM10 as specified in the definition of “potential to emit” in 567—22.1(455B). For purposes of determining whether the stationary source is subject to the PSD requirements set forth in 567—Chapter 33, or for determining whether the source is subject to the operating permit requirements set forth in 567—24.100(455B) through 567—24.300(455B), the owner or operator of a grain terminal elevator shall include fugitive emissions, as “fugitive emissions” is defined in 567—subrule 33.3(1) and in 567—24.100(455B), in the PTE calculation.    d.    Feed mill equipment.The owner or operator of feed mill equipment, as “feed mill equipment” is defined in 22.10(1), shall calculate the PTE for PM and PM10 for the feed mill equipment as specified in the definition of “potential to emit” in 567—22.1(455B). For purposes of determining whether the stationary source is subject to the PSD requirements set forth in 567—Chapter 33, or for determining whether the stationary source is subject to the operating permit requirements set forth in 567—24.100(455B) through 567—24.300(455B), the owner or operator of feed mill equipment shall sum the PTE of the feed mill equipment with the PTE of the country grain elevator, country grain terminal elevator or grain terminal elevator.    22.10(3) Classification and requirements for permits, emissions controls, recordkeeping and reporting for Group 1, Group 2, Group 3 and Group 4 grain elevators.  The requirements for construction permits, operating permits, emissions controls, recordkeeping and reporting for a stationary source that is a country grain elevator, country grain terminal elevator or grain terminal elevator are set forth in this subrule.    a.    Group 1 facilities.A country grain elevator, country grain terminal elevator or grain terminal elevator may qualify as a Group 1 facility if the PTE at the stationary source is less than 15 tons of PM10 per year, as PTE is specified in 22.10(2). For purposes of this paragraph, an “existing” Group 1 facility is one that commenced construction or reconstruction before February 6, 2008. A “new” Group 1 facility is one that commenced construction or reconstruction on or after February 6, 2008.    (1)   Group 1 registration. The owner or operator of a Group 1 facility shall submit to the department a Group 1 registration, including PTE calculations, on forms provided by the department, certifying that the facility’s PTE is less than 15 tons of PM10 per year. The owner or operator of an existing facility shall provide the Group 1 registration to the department on or before March 31, 2008. The owner or operator of a new facility shall provide the Group 1 registration to the department prior to initiating construction or reconstruction of a facility. The registration becomes effective upon the department’s receipt of the signed registration form and the PTE calculations.    1.   If the owner or operator registers with the department as specified in 22.10(3)“a”(1), the owner or operator is exempt from the requirement to obtain a construction permit as specified under 22.1(1).    2.   Upon department receipt of a Group 1 registration and PTE calculations, the owner or operator is allowed to add, remove and modify the emissions units or change throughput or operations at the facility without modifying the Group 1 registration, provided that the owner or operator calculates the PTE for PM10 on forms provided by the department prior to making any additions to, removals of or modifications to equipment, and only if the facility continues to meet the emissions limits and operating limits (including restrictions on material throughput and hours of operation, if applicable, as specified in the PTE for PM10 calculations) specified in the Group 1 registration.    3.   If equipment at a Group 1 facility currently has an air construction permit issued by the department, that permit shall remain in full force and effect, and the permit shall not be invalidated by the subsequent submittal of a registration made pursuant to 22.10(3)“a”(1).    (2)   Best management practices (BMP). The owner or operator of a Group 1 facility shall implement BMP for controlling air pollution at the facility and for limiting fugitive dust at the facility from crossing the property line. The owner or operator shall implement BMP according to the department manual, Best Management Practices (BMP) for Grain Elevators (December 2007; revised July 15, 2014), as adopted by the commission on January 15, 2008, and July 15, 2014, and adopted by reference herein (available from the department, upon request, and on the department’s Internet website). No later than March 31, 2009, the owner or operator of an existing Group 1 facility shall fully implement applicable BMP, except that BMPs for grain vacuuming operations shall be fully implemented no later than September 10, 2014. Upon startup of equipment at the facility, the owner or operator of a new Group 1 facility shall fully implement applicable BMP.    (3)   Recordkeeping. The owner or operator of a Group 1 facility shall retain a record of the previous five calendar years of total annual grain handled and shall calculate the facility’s potential PM10 emissions annually by January 31 for the previous calendar year. These records shall be kept on site for a period of five years and shall be made available to the department upon request.    (4)   Emissions increases. The owner or operator of a Group 1 facility shall calculate any emissions increases prior to making any additions to, removals of or modifications to equipment. If the owner or operator determines that PM10 emissions at a Group 1 facility will increase to 15 tons per year or more, the owner or operator shall comply with the requirements set forth for Group 2, Group 3 or Group 4 facilities, as applicable, prior to making any additions to, removals of or modifications to equipment.    (5)   Changes to facility classification or permanent grain storage capacity. If the owner or operator of a Group 1 facility plans to change the facility’s operations or increase the facility’s permanent grain storage capacity to more than 2.5 million U.S. bushels, the owner or operator, prior to making any changes, shall reevaluate the facility’s classification and the allowed method for calculating PTE to determine if any increases to the PTE for PM10 will occur. If the proposed change will alter the facility’s classification or will increase the facility’s PTE for PM10 such that the facility PTE increases to 15 tons per year or more, the owner or operator shall comply with the requirements set forth for Group 2, Group 3 or Group 4 facilities, as applicable, prior to making the change.    b.    Group 2 facilities.A country grain elevator, country grain terminal elevator or grain terminal elevator may qualify as a Group 2 facility if the PTE at the stationary source is greater than or equal to 15 tons of PM10 per year and is less than or equal to 50 tons of PM10 per year, as PTE is specified in 22.10(2). For purposes of this paragraph, an “existing” Group 2 facility is one that commenced construction, modification or reconstruction before February 6, 2008. A “new” Group 2 facility is one that commenced construction or reconstruction on or after February 6, 2008.    (1)   Group 2 permit for grain elevators. The owner or operator of a Group 2 facility may, in lieu of obtaining air construction permits for each piece of emissions equipment at the facility, submit to the department a completed Group 2 permit application for grain elevators, including PTE calculations, on forms provided by the department. Alternatively, the owner or operator may obtain an air construction permit as specified under 22.1(1). The owner or operator of an existing facility shall provide the appropriate completed Group 2 permit application for grain elevators or the appropriate construction permit applications to the department on or before March 31, 2008. The owner or operator of a new facility shall provide the appropriate, completed Group 2 permit application for grain elevators or the appropriate construction permit applications to the department prior to initiating construction or reconstruction of a facility.    1.   Upon department issuance of a Group 2 permit to a facility, the owner or operator is allowed to add, remove and modify the emissions units at the facility, or change throughput or operations, without modifying the Group 2 permit, provided that the owner or operator calculates the PTE for PM10 prior to making any additions to, removals of or modifications to equipment, and only if the facility continues to meet the emissions limits and operating limits (including restrictions on material throughput and hours of operation, if applicable, as specified in the PTE for PM10 calculations) specified in the Group 2 permit.    2.   If a Group 2 facility currently has an air construction permit issued by the department, that permit shall remain in full force and effect, and the permit shall not be invalidated by the subsequent submittal of a Group 2 permit application for grain elevators made pursuant to this rule. However, the owner or operator of a Group 2 facility may request that the department incorporate any equipment with a previously issued construction permit into the Group 2 permit for grain elevators. The department will grant such requests on a case-by-case basis. If the department grants the request to incorporate previously permitted equipment into the Group 2 permit for grain elevators, the owner or operator of the Group 2 facility is responsible for requesting that the department rescind any previously issued construction permits.    (2)   BMP. The owner or operator shall implement BMP, as specified in the Group 2 permit, for controlling air pollution at the source and for limiting fugitive dust at the source from crossing the property line. If the department revises the BMP requirements for Group 2 facilities after a facility is issued a Group 2 permit, the owner or operator of the Group 2 facility may request that the department modify the facility’s Group 2 permit to incorporate the revised BMP requirements. The department will issue permit modifications to incorporate BMP revisions on a case-by-case basis. No later than March 31, 2009, the owner or operator of an existing Group 2 facility shall fully implement BMP, as specified in the Group 2 permit. Upon startup of equipment at the facility, the owner or operator of a new Group 2 facility shall fully implement BMP, as specified in the Group 2 permit.    (3)   Recordkeeping. The owner or operator of a Group 2 facility shall retain all records as specified in the Group 2 permit.    (4)   Emissions inventory. The owner or operator of a Group 2 facility shall submit an emissions inventory for the facility for all regulated air pollutants as specified under 567—subrule 21.1(3).    (5)   Emissions increases. The owner or operator of a Group 2 facility shall calculate any emissions increases prior to making any additions to, removals of or modifications to equipment. If the owner or operator determines that potential PM10 emissions at a Group 2 facility will increase to more than 50 tons per year, the owner or operator shall comply with the requirements set forth for Group 3 or Group 4 facilities, as applicable, prior to making any additions to, removals of or modifications to equipment.    (6)   Changes to facility classification or permanent grain storage capacity. If the owner or operator of a Group 2 facility plans to change the facility’s operations or increase the facility’s permanent grain storage capacity to more than 2.5 million U.S. bushels, the owner or operator, prior to making any changes, shall reevaluate the facility’s classification and the allowed method for calculating PTE to determine if any increases to the PTE for PM10 will occur. If the proposed change will increase the facility’s PTE for PM10 such that the facility PTE increases to more than 50 tons per year, the owner or operator shall comply with the requirements set forth for Group 3 or Group 4 facilities, as applicable, prior to making the change.    c.    Group 3 facilities.A country grain elevator, country grain terminal elevator or grain terminal elevator may qualify as a Group 3 facility if the PTE for PM10 at the stationary source is greater than 50 tons per year, but is less than 100 tons of PM10 per year, as PTE is specified in 22.10(2). For purposes of this paragraph, an “existing” Group 3 facility is one that commenced construction, modification or reconstruction before February 6, 2008. A “new” Group 3 facility is one that commenced construction or reconstruction on or after February 6, 2008.    (1)   Air construction permit. The owner or operator of a Group 3 facility shall obtain the required construction permits as specified under 22.1(1). The owner or operator of an existing facility shall provide the construction permit applications, as specified in 22.1(3), to the department on or before March 31, 2008. The owner or operator of a new facility shall obtain the required permits, as specified in 22.1(1), from the department prior to initiating construction or reconstruction of a facility.    (2)   Permit conditions. Construction permit conditions for a Group 3 facility shall include, but are not limited to, the following:    1.   The owner or operator shall implement BMP, as specified in the permit, for controlling air pollution at the source and for limiting fugitive dust at the source from crossing the property line. If the department revises the BMP requirements for Group 3 facilities after a facility is issued a permit, the owner or operator of the Group 3 facility may request that the department modify the facility’s permit to incorporate the revised BMP requirements. The department will issue permit modifications to incorporate BMP revisions on a case-by-case basis.    2.   The owner or operator shall retain all records as specified in the permit.    (3)   Emissions inventory. The owner or operator shall submit an emissions inventory for the facility for all regulated air pollutants as specified under 567—subrule 21.1(3).    (4)   Changes to facility classification or permanent grain storage capacity. If the owner or operator of a Group 3 facility plans to change its operations or increase the facility’s permanent grain storage capacity to more than 2.5 million U.S. bushels, the owner or operator, prior to making any changes, shall reevaluate the facility’s classification and the allowed method for calculating PTE to determine if any increases to the PTE for PM10 will occur. If the proposed change will alter the facility’s classification or will increase the facility’s PTE for PM10 such that the facility PTE increases to greater than or equal to 100 tons per year, the owner or operator shall comply with the requirements set forth for Group 4 facilities, as applicable, prior to making the change.    (5)   PSD applicability. If the PTE for PM or PM10 at the Group 3 facility is greater than or equal to 250 tons per year, the owner or operator shall comply with requirements specified in 567—Chapter 33, as applicable. The owner or operator of a Group 3 facility that is a grain terminal elevator shall include fugitive emissions, as “fugitive emissions” is defined in 567—subrule 33.3(1), in the PTE calculation for determining PSD applicability.    (6)   Recordkeeping. The owner or operator shall keep the records of annual grain handled at the facility and annual PTE for PM and PM10 emissions on site for a period of five years, and the records shall be made available to the department upon request.    d.    Group 4 facilities.A facility qualifies as a Group 4 facility if the facility is a stationary source with a PTE equal to or greater than 100 tons of PM10 per year, as PTE is specified in 22.10(2). For purposes of this paragraph, an “existing” Group 4 facility is one that commenced construction, modification or reconstruction before February 6, 2008. A “new” Group 4 facility is one that commenced construction or reconstruction on or after February 6, 2008.    (1)   Air construction permit. The owner or operator of a Group 4 facility shall obtain the required construction permits as specified under 22.1(1). The owner or operator of an existing facility shall provide the construction permit applications, as specified by 22.1(3), to the department on or before March 31, 2008. The owner or operator of a new facility shall obtain the required permits, as specified by 22.1(1), from the department prior to initiating construction or reconstruction of a facility.    (2)   Permit conditions. Construction permit conditions for a Group 4 facility shall include, but are not limited to, the following:    1.   The owner or operator shall implement BMP, as specified in the permit, for controlling air pollution at the facility and for limiting fugitive dust at the facility from crossing the property line. If the department revises the BMP requirements for Group 4 facilities after a facility is issued a permit, the owner or operator of the Group 4 facility may request that the department modify the facility’s permit to incorporate the revised BMP requirements. The department will issue permit modifications to incorporate BMP revisions on a case-by-case basis.    2.   The owner or operator shall retain all records as specified in the permit.    (3)   PSD applicability. If the PTE for PM or PM10 at the facility is equal to or greater than 250 tons per year, the owner or operator shall comply with requirements specified in 567—Chapter 33, as applicable. The owner or operator of a Group 4 facility that is a grain terminal elevator shall include fugitive emissions, as “fugitive emissions” is defined in 567—subrule 33.3(1), in the PTE calculation for determining PSD applicability.    (4)   Recordkeeping. The owner or operator shall keep the records of annual grain handled at the facility and annual PTE for PM and PM10 emissions on site for a period of five years, and the records shall be made available to the department upon request.    (5)   Operating permits. The owner or operator of a Group 4 facility shall apply for an operating permit for the facility if the facility’s annual PTE for PM10 is equal to or greater than 100 tons per year as specified in 567—24.100(455B) through 567—24.300(455B). The owner or operator of a Group 4 facility that is a grain terminal elevator shall include fugitive emissions in the calculations to determine if the PTE for PM10 is greater than or equal to 100 tons per year. The owner or operator also shall submit annual emissions inventories and fees, as specified in 567—22.106(455B).    22.10(4) Feed mill equipment.  This subrule sets forth the requirements for construction permits, operating permits, and emissions inventories for an owner or operator of feed mill equipment as “feed mill equipment” is defined in 22.10(1). For purposes of this subrule, the owner or operator of “existing” feed mill equipment shall have commenced construction or reconstruction of the feed mill equipment before February 6, 2008. The owner or operator of “new” feed mill equipment shall have commenced construction or reconstruction of the feed mill equipment on or after February 6, 2008.    a.    Air construction permit.The owner or operator of feed mill equipment shall obtain an air construction permit as specified under 22.1(1) for each piece of feed mill equipment that emits a regulated air pollutant. The owner or operator of “existing” feed mill equipment shall provide the appropriate permit applications to the department on or before March 31, 2008. The owner or operator of “new” feed mill equipment shall provide the appropriate permit applications to the department prior to initiating construction or reconstruction of feed mill equipment.    b.    Emissions inventory.The owner or operator shall submit an emissions inventory for the feed mill equipment for all regulated air pollutants as specified under 567—subrule 21.1(3).    c.    Operating permits.The owner or operator shall sum the PTE of the feed mill equipment with the PTE of the equipment at the country grain elevator, country grain terminal elevator or grain terminal elevator, as PTE is specified in 22.10(2), to determine if operating permit requirements specified in 567—24.100(455B) through 567—24.300(455B) apply to the stationary source. If the operating permit requirements apply, then the owner or operator shall apply for an operating permit as specified in 567—24.100(455B) through 567—24.300(455B). The owner or operator also shall begin submitting annual emissions inventories and fees, as specified under 567—22.106(455B).    d.    PSD applicability.For purposes of determining whether the stationary source is subject to the PSD requirements set forth in 567—Chapter 33, the owner or operator shall sum the PTE of the feed mill equipment with the PTE of the equipment at the country grain elevator, country grain terminal elevator or grain terminal elevator. If the PTE for PM or PM10 for the stationary source is equal to or greater than 250 tons per year, the owner or operator shall comply with requirements for PSD specified in 567—Chapter 33, as applicable.

    567—22.11(455B) Ambient air quality standards.  The state of Iowa ambient air quality standards shall be the National Primary and Secondary Ambient Air Quality Standards as published in 40 CFR Part 50 (1972) and as amended at 38 Federal Register (FR) 22384 (September 14, 1973), 43 FR 46258 (October 5, 1978), 44 FR 8202, 8220 (February 9, 1979), 52 FR 24634-24669 (July 1, 1987), 62 FR 38651-38760, 38855-38896 (July 18, 1997), 71 FR 61144-61233 (October 17, 2006), 73 FR 16436-16514 (March 27, 2008), 73 FR 66964-67062 (November 12, 2008), 75 FR 6474-6537 (February 9, 2010), 75 FR 35520-35603 (June 22, 2010), 78 FR 3086-3287 (January 15, 2013), and 80 FR 65291-65468 (October 26, 2015). The department shall implement these rules in a time frame and schedule consistent with implementation schedules in federal laws and regulations.        These rules are intended to implement Iowa Code sections 455B.133 and 455B.134.
    ARC 7215CEnvironmental Protection Commission[567]Notice of Intended Action

    Proposing rulemaking related to air emission standards and providing an opportunity for public comment

        The Environmental Protection Commission (Commission) hereby proposes to rescind Chapter 23, “Emission Standards for Contaminants,” and adopt a new Chapter 23, “Air Emission Standards,” Iowa Administrative Code.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 455B.133.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code section 17A.7(2) and Executive Order 10 (January 10, 2023).Purpose and Summary    The Commission proposes to rescind and adopt a new Chapter 23. The proposed new Chapter 23 will include the revised provisions for air emission standards, as well as several air quality definitions currently set forth in Chapter 20, “Scope of Title—Definitions.”    After a review consistent with Executive Order 10, the Department of Natural Resources (Department) determined that new Chapter 23 should include an improved and streamlined format for adoption by reference of federal New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP). New Chapter 23 will also continue to provide the general emissions rates for criteria pollutants, such as particulate matter and sulfur dioxide, established to implement the National Ambient Air Quality Standards (NAAQS). Additionally, the Department concluded that the definitions in Chapter 20 would be more appropriately placed in subject matter chapters, such as new Chapter 23. A Notice of Intended Action to rescind Chapter 20 is being proposed concurrently with this rulemaking (ARC 7210C, IAB 12/27/23).    New Chapter 23 will help to protect air quality for Iowa’s citizens by ensuring that regulated Iowa facilities are meeting the NAAQS, NSPS, and NESHAP. New Chapter 23 will also provide businesses and the public with clear, current, and consolidated air emissions requirements.Fiscal Impact    This rulemaking has no fiscal impact to the State of Iowa.Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 561—Chapter 10. Public Comment     Any interested person may submit written comments concerning this proposed rulemaking. Written comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on January 30, 2024. Comments should be directed to: Christine Paulson Iowa Department of Natural Resources Wallace State Office Building 502 East Ninth Street Des Moines, Iowa 50319 Email: christine.paulson@dnr.iowa.gov Public Hearing    Two public hearings at which persons may present their views orally will be held via conference call as follows. Persons who wish to attend the public hearings should contact Christine Paulson via email or by phone at 515.725.9510. A virtual meeting link and conference call number will be provided prior to each hearing. The public hearing information will also be provided through the Air Quality e-newsletter (GovDelivery) and on the Department’s webpage at iowadnr.gov/Environmental-Protection/Air-Quality/Public-Participation (scroll down to Public Input and click on Executive Order 10 Implementation). Persons who wish to make comments at either of the public hearings must submit a request to Ms. Paulson prior to the hearing to facilitate an orderly hearing. January 29, 2024 1 p.m. Via video/conference call January 30, 2024 1 p.m. Via video/conference call     Persons who wish to make oral comments at a public hearing will be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.    Any persons who intend to participate in the hearings and have special requirements, such as those related to hearing or vision impairments, should contact the Department and advise of specific needs.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rulemaking action is proposed:

        ITEM 1.    Rescind 567—Chapter 23 and adopt the following new chapter in lieu thereof: CHAPTER 23AIR EMISSION STANDARDS

    567—23.1(455B) Emission standards.      23.1(1) In general.  The federal standards of performance for new stationary sources (new source performance standards) shall be applicable as specified in 23.1(2). The federal standards for hazardous air pollutants (national emission standards for hazardous air pollutants) shall be applicable as specified in 23.1(3). The federal standards for hazardous air pollutants for source categories (national emission standards for hazardous air pollutants for source categories) shall be applicable as specified in 23.1(4). The federal emission guidelines (emission guidelines) shall be applicable as specified in 23.1(5). Compliance with emission standards specified elsewhere in this chapter shall be in accordance with 567—Chapter 21.    23.1(2) New source performance standards.  The federal standards of performance for new stationary sources, as defined in 40 Code of Federal Regulations Part 60 as amended or corrected through June 28, 2023, are adopted by reference, except §60.530 through §60.539b (Part 60, Subpart AAA), and shall apply to the following affected facilities. The corresponding 40 CFR Part 60 subpart designation is provided in the table below. A different date for adoption by reference may be included with the subpart designation in the table. Reference test methods (Appendix A), performance specifications (Appendix B), determination of emission rate change (Appendix C), quality assurance procedures (Appendix F) and the general provisions (Subpart A) of 40 CFR Part 60 also apply to the affected facilities.Federal New Source Performance Standards (NSPS) Adopted by Reference in 23.1(2)    23.1(2) paragraph    Affected source category     40 CFR Part 60 Subpart    Date of adoption (if different than 23.1(2) introductory paragraph) or note if federal standard is not adoptedaFossil fuel-fired steam generatorsD1/20/2011bIncineratorsEN/AcPortland cement plantsFN/AdNitric acid plantsGN/AeSulfuric acid plantsHN/AfHot mix asphalt plantsIN/AgPetroleum refineriesJ - JaNot adopted. No facilities in Iowa. Paragraph reserved.hSecondary lead smeltersLNot adopted. No facilities in Iowa. Paragraph reserved.iSecondary brass and bronze ingot production plantsMN/AjIron and steel plantsNN/AkSewage treatment plantsO and Subpart E of 40 CFR 503N/AlSteel plantsAAN/AmPrimary copper smeltersPNot adopted. No facilities in Iowa. Paragraph reserved.nPrimary zinc smeltersQNot adopted. No facilities in Iowa. Paragraph reserved.oPrimary lead smeltersRNot adopted. No facilities in Iowa. Paragraph reserved.pPrimary aluminum reduction plantsSNot adopted. No facilities in Iowa. Paragraph reserved.qWet process phosphoric acid plants in the phosphate fertilizer industryTN/ArSuperphosphoric acid plants in the phosphate fertilizer industryUN/AsDiammonium phosphate plants in the phosphate fertilizer industryVN/AtTriple super phosphate plants in the phosphate fertilizer industryWN/AuGranular triple superphosphate storage facilities in the phosphate fertilizer industryXN/AvCoal preparation plantsYN/AwFerroalloy productionZN/AxKraft pulp millsBBFebruary 27, 2014yLime manufacturing plantsHHN/AzElectric utility steam generating unitsDaJanuary 20, 2011aaStationary gas turbinesGGN/AbbPetroleum storage vesselsKN/AccPetroleum storage vesselsKaN/AddGlass manufacturing plantsCCN/AeeAutomobile and light-duty truck surface coating operations at assembly plantsMMN/AffAmmonium sulfate manufacturePPN/AggSurface coating of metal furnitureEEN/AhhLead-acid battery manufacturing plantsKKFebruary 27, 2014iiPhosphate rock plantsNNN/AjjGraphic arts industryQQN/AkkIndustrial surface coatingSSN/AllMetal coil surface coatingTTN/AmmAsphalt processing and asphalt roofing manufacturingUUN/AnnEquipment leaks of volatile organic compounds (VOC) in the synthetic organic chemicals manufacturing industryVV and VVaN/AooBeverage can surface coatingWWN/AppBulk gasoline terminalsXXN/AqqPressure sensitive tape and label surface coating operationsRRN/ArrMetallic mineral processing plantsLLN/AssSynthetic fiber production facilitiesHHHN/AttEquipment leaks of VOC in petroleum refineriesGGGN/AuuFlexible vinyl and urethane coating and printingFFFN/AvvPetroleum dry cleanersJJJN/AwwElectric arc furnaces and argon-oxygen decarburization vessels constructed after August 17, 1983AAaN/AxxWool fiberglass insulation manufacturing plantsPPPN/AyyIron and steel plantsNaN/AzzEquipment leaks of VOC from on-shore natural gas processing plantsKKKN/AaaaOn-shore natural gas processing: SO2 emissionsLLLN/AbbbNonmetallic mineral processing plantsOOON/AcccIndustrial-commercial-institutional steam generating unitsDbJanuary 20, 2011dddVolatile organic liquid storage vesselsKbN/AeeeRubber tire manufacturing plantsBBBN/AfffIndustrial surface coating: surface coating of plastic parts for business machinesTTT and TTTaN/AgggVOC emissions from petroleum refinery wastewater systemsQQQN/AhhhMagnetic tape coating facilitiesSSSN/AiiiPolymeric coating of supporting substratesVVVN/AjjjVOC emissions from synthetic organic chemical manufacturing industry air oxidation unit processesIIIN/AkkkVOC emissions from synthetic organic chemical manufacturing industry distillation operationsNNNN/AlllSmall industrial-commercial-institutional steam generating unitsDcJanuary 20, 2011mmmVOC emissions from the polymer manufacturing industryDDDN/AnnnMunicipal waste combustorsEaN/AoooGrain elevatorsDDN/ApppMineral processing plantsUUUN/AqqqVOC emissions from synthetic organic chemical manufacturing industry reactor processesRRRN/ArrrMunicipal solid waste landfills, as defined by 40 CFR 60.751WWWApril 10, 2000sssMunicipal waste combustorsEbN/AtttHospital/medical/infectious waste incinerators (HMIWI)Ec (partial adoption)*N/AuuuNew small municipal waste combustion unitsAAAAN/AvvvCommercial and industrial solid waste incinerationCCCCDecember 1, 2000wwwOther solid waste incineration (OSWI) unitsEEEEN/AxxxReservedN/AN/AyyyStationary compression ignition internal combustion enginesIIIIN/AzzzStationary spark ignition internal combustion enginesJJJJN/AaaaaStationary combustion turbinesKKKKN/AbbbbNitric acid plantsGaN/AccccSewage sludge incineration unitsLLLLN/A*The provisions in 60.50c(a) through (h) (exceptions to Subpart Ec requirements) and 60.51(c) (Subpart Ec definitions) are adopted by reference. No other provisions of Subpart Ec are adopted.    23.1(3) Emission standards for hazardous air pollutants.  The federal standards for emissions of hazardous air pollutants, 40 Code of Federal Regulations Part 61 as amended or corrected through October 7, 2020, and 40 CFR Part 503 as adopted on August 4, 1999, are adopted by reference, except 40 CFR §61.20 to §61.26, §61.90 to §61.97, §61.100 to §61.108, §61.120 to §61.127, §61.190 to §61.193, §61.200 to §61.205, §61.220 to §61.225, and §61.250 to §61.256, and shall apply to the following affected pollutants and facilities and activities listed below. The corresponding 40 CFR Part 61 subpart designation is provided in the table below. A different date for adoption by reference may be included with the subpart designation in the table. Reference test methods (Appendix B), compliance status information requirements (Appendix A), quality assurance procedures (Appendix C) and the general provisions (Subpart A) of Part 61 also apply to the affected activities or facilities.Federal Emission Standards for Hazardous Air Pollutants (NESHAP) Adopted by Reference in 23.1(3)    23.1(3) paragraph    Affected source category     40 CFR Part 61 Subpart Adopted    Date of adoption (if different than 23.1(3) introductory paragraph) or note if standard is not adoptedaAsbestosMN/AbBerylliumCNot adopted. No facilities in Iowa. Paragraph reserved.cBeryllium rocket motor firingDNot adopted. No facilities in Iowa. Paragraph reserved.dMercuryEN/AeVinyl chlorideFN/AfEquipment leaks of benzene (fugitive emission sources)JN/AgEquipment leaks of volatile hazardous air pollutants (fugitive emission sources)VN/AhInorganic arsenic emissions from arsenic trioxide and metallic arsenic production facilitiesPNot adopted. No facilities in Iowa. Paragraph reserved.iInorganic arsenic emissions from glass manufacturing plantsNN/AjInorganic arsenic emissions from primary copper smeltersONot adopted. No facilities in Iowa. Paragraph reserved.kBenzene emissions from coke by-product recovery plantsLN/AlBenzene emissions from benzene storage vesselsYN/AmBenzene emissions from benzene transfer operationsBBN/AnBenzene waste operationsFFN/A    23.1(4) Emission standards for hazardous air pollutants for source categories.  The federal standards for emissions of hazardous air pollutants for source categories, 40 Code of Federal Regulations Part 63 as amended or corrected through March 29, 2023, are adopted by reference, except those provisions that cannot be delegated to the states. The corresponding 40 CFR Part 63 subpart designation is provided in the table below. A different date for adoption by reference may be included with the subpart designation in the table. 40 CFR Part 63, Subpart B, incorporates the requirements of Clean Air Act Sections 112(g) and 112(j) and does not adopt standards for a specific affected facility. Test methods (Appendix A), sources defined for early reduction provisions (Appendix B), and determination of the fraction biodegraded (Fbio) in the biological treatment unit (Appendix C) of Part 63 also apply to the affected activities or facilities. For the purpose of this subrule and the rules in 567—Chapters 20 through 35, the following terms shall, unless otherwise noted, have the meaning indicated in this subrule.         "Hazardous air pollutant" "HAP" means the same as “hazardous air pollutant” set forth in 567—24.100(455B).        "Major source" means 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, considering controls, in the aggregate, 10 tons per year or more of any hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants, unless a lesser quantity is established, or in the case of radionuclides, where different criteria are employed. “Area source” means any stationary source of hazardous air pollutants that is not a “major source.”        "Maximum achievable control technology (MACT) emission limitation for existing sources," as this definition is set forth in 40 CFR Subpart B, section 63.51, is adopted by reference.        "Maximum achievable control technology (MACT) emission limitation for new sources," as this definition is set forth in 40 CFR Subpart B, section 63.51, is adopted by reference.        "Maximum achievable control technology (MACT) floor," as this definition is set forth in 40 CFR Subpart B, section 63.51, is adopted by reference.23.1(4)“a,” general provisions (Subpart A) of Part 63, shall apply to owners or operators who are subject to subsequent subparts of 40 CFR Part 63 (except when otherwise specified in a particular subpart or in a relevant standard) as adopted by reference in the table below.Federal Emission Standards for Hazardous Air Pollutants (NESHAP) for Source Categories Adopted by Reference in 23.1(4)    23.1(4) paragraph    Affected source category     40 CFR Part 63 Subpart Adopted    Date of adoption (if different than 23.1(4) introductory paragraph) or note if standard is not adoptedaGeneral provisionsAN/AbRequirements for control technology determinations for major sources in accordance with Clean Air Act Sections 112(g) and 112(j)BN/AcReservedN/AN/AdCompliance extensions for early reductions of hazardous air pollutantsDN/AeReservedN/AN/AfEmission standards for organic hazardous air pollutants from the synthetic chemical manufacturing industryFN/AgEmission standards for organic hazardous air pollutants from the synthetic organic chemical manufacturing industry for process vents, storage vessels, transfer operations, and wastewaterGN/AhEmission standards for organic hazardous air pollutants for equipment leaksHN/AiEmission standards for organic hazardous air pollutants for certain processes subject to negotiated regulation for equipment leaksIN/AjEmission standards for hazardous air pollutants for polyvinyl chloride and copolymers productionSubparts J and HHHHHHHNot adopted. No facilities in Iowa. Paragraph reserved.kReservedN/AN/AlEmission standards for coke oven batteriesLN/AmPerchloroethylene air emission standards for dry cleaning facilitiesMN/AnEmission standards for chromium emissions from hard and decorative chromium electroplating and chromium anodizing tanksNN/AoEmission standards for hazardous air pollutants for ethylene oxide commercial sterilization and fumigation operationsON/ApReservedN/AN/AqEmission standards for hazardous air pollutants for industrial process cooling towersQN/ArEmission standards for hazardous air pollutants for gasoline distribution: (Stage 1)RN/AsEmission standards for hazardous air pollutants for pulp and paper (noncombustion)SN/AtEmission standards for hazardous air pollutants: halogenated solvent cleaningTN/AuEmission standards for hazardous air pollutants: Group I polymers and resinsUN/AvReservedN/AN/AwEmission standards for hazardous air pollutants for epoxy resins production and nonnylon polyamides productionWN/AxNational emission standards for hazardous air pollutants from secondary lead smeltingXNot adopted. No facilities in Iowa. Paragraph reserved.yEmission standards for marine tank vessel loading operationsYN/AzReservedN/AN/AaaEmission standards for hazardous air pollutants for phosphoric acid manufacturingAAN/AabEmission standards for hazardous air pollutants for phosphate fertilizers productionBBN/AacNational emission standards for hazardous air pollutants: petroleum refineriesCCNot adopted. No facilities in Iowa. Paragraph reserved.adEmission standards for hazardous air pollutants for off-site waste and recovery operationsDDN/AaeEmission standards for magnetic tape manufacturing operationsEEN/AafReservedN/AN/AagNational emission standards for hazardous air pollutants for source categories: aerospace manufacturing and rework facilitiesGGN/AahEmission standards for hazardous air pollutants for oil and natural gas productionHHN/AaiEmission standards for hazardous air pollutants for shipbuilding and ship repair (surface coating) operationsIINot adopted. No facilities in Iowa. Paragraph reserved.ajEmission standards for hazardous air pollutants for HAP emissions from wood furniture manufacturing operationsJJN/AakEmission standards for hazardous air pollutants for the printing and publishing industryKKN/AalEmission standards for hazardous air pollutants for primary aluminum reduction plantsLLNot adopted. No facilities in Iowa. Paragraph reserved.amEmission standards for hazardous air pollutants for chemical recovery combustion sources at kraft, soda, sulfite, and stand-alone semichemical pulp millsMMOctober 11, 2017anReservedN/AN/AaoEmission standards for tanks—level 1OON/AapEmission standards for containersPPN/AaqEmission standards for surface impoundmentsQQN/AarEmission standards for individual drain systemsRRN/AasEmission standards for closed vent systems, control devices, recovery devices and routing to a fuel gas system or a processSSN/AatEmission standards for equipment leaks—control level 1TTN/AauEmission standards for equipment leaks—control level 2 standardsUUN/AavEmission standards for oil-water separators and organic-water separatorsVVN/AawEmission standards for storage vessels (tanks)—control level 2WWN/AaxEmission standards for ethylene manufacturing process units: heat exchange systems and waste operationsXXN/AayEmission standards for hazardous air pollutants: generic maximum achievable control technology (generic MACT)YYOctober 8, 2014az to bbReservedN/AN/AbcEmission standards for hazardous air pollutants for steel pickling—HCL process facilities and hydrochloric acid regeneration plantsCCCNot adopted. No facilities in Iowa. Paragraph reserved.bdEmission standards for hazardous air pollutants for mineral wool productionDDDN/AbeEmission standards for hazardous air pollutants from hazardous waste combustorsEEEN/AbfReservedN/AN/AbgEmission standards for hazardous air pollutants for pharmaceutical manufacturingGGGN/AbhEmission standards for hazardous air pollutants for natural gas transmission and storageHHHN/AbiEmission standards for hazardous air pollutants for flexible polyurethane foam productionIIIN/AbjEmission standards for hazardous air pollutants: Group IV polymers and resinsJJJN/AbkReservedN/AN/AblEmission standards for hazardous air pollutants for Portland cement manufacturing operationsLLLN/AbmEmission standards for hazardous air pollutants for pesticide active ingredient productionMMMN/AbnEmission standards for hazardous air pollutants for wool fiberglass manufacturingNNNN/AboEmission standards for hazardous air pollutants for amino/phenolic resins productionOOON/AbpEmission standards for hazardous air pollutants for polyether polyols productionPPPN/AbqEmission standards for hazardous air pollutants for primary copper smeltingQQQNot adopted. No facilities in Iowa. Paragraph reserved.brEmission standards for hazardous air pollutants for secondary aluminum productionRRRN/AbsReservedN/AN/AbtEmission standards for hazardous air pollutants for primary lead smeltingTTTNot adopted. No facilities in Iowa. Paragraph reserved.buEmission standards for hazardous air pollutants for petroleum refineries: catalytic cracking units, catalytic reforming units, and sulfur recovery unitsUUUNot adopted. No facilities in Iowa. Paragraph reserved.bvEmission standards for hazardous air pollutants: publicly owned treatment works (POTW)VVVN/AbwReservedN/AN/AbxEmission standards for hazardous air pollutants for ferroalloys production: ferromanganese and silicomanganeseXXXNot adopted. No facilities in Iowa. Paragraph reserved.by and bzReservedN/AN/AcaEmission standards for hazardous air pollutants: municipal solid waste landfillsAAAAApril 20, 2006cbReservedN/AN/AccEmission standards for hazardous air pollutants for the manufacturing of nutritional yeastCCCCN/AcdEmission standards for hazardous air pollutants for plywood and composite wood products (formerly plywood and particle board manufacturing)DDDDOctober 29, 2007ceEmission standards for hazardous air pollutants for organic liquids distribution (non-gasoline)EEEEJuly 17, 2008cfEmission standards for hazardous air pollutants for miscellaneous organic chemical (MON) manufacturingFFFFJuly 14, 2006cgEmission standards for hazardous air pollutants for solvent extraction for vegetable oil productionGGGGN/AchEmission standards for hazardous air pollutants for wet-formed fiberglass mat productionHHHHN/AciEmission standards for hazardous air pollutants for surface coating of automobiles and light-duty trucksIIIIN/AcjEmission standards for hazardous air pollutants: paper and other web coatingJJJJN/AckEmission standards for hazardous air pollutants for surface coating of metal cansKKKKN/AclReservedN/AN/AcmEmission standards for hazardous air pollutants for surface coating of miscellaneous metal parts and productsMMMMN/AcnEmission standards for hazardous air pollutants: surface coating of large appliancesNNNNN/AcoEmission standards for hazardous air pollutants for printing, coating, and dyeing of fabrics and other textilesOOOON/AcpEmission standards for surface coating of plastic parts and productsPPPPN/AcqEmission standards for hazardous air pollutants for surface coating of wood building productsQQQQN/AcrEmission standards for hazardous air pollutants: surface coating of metal furnitureRRRRN/AcsEmission standards for hazardous air pollutants: surface coating of metal coilSSSSN/ActEmission standards for hazardous air pollutants for leather finishing operationsTTTTN/AcuEmission standards for hazardous air pollutants for cellulose products manufacturingUUUUN/AcvEmission standards for hazardous air pollutants for boat manufacturingVVVVN/AcwEmission standards for hazardous air pollutants: reinforced plastic composites productionWWWWN/AcxEmission standards for hazardous air pollutants: rubber tire manufacturingXXXXN/AcyEmission standards for hazardous air pollutants for stationary combustion turbinesYYYYNovember 19, 2020czEmission standards for stationary reciprocating internal combustion enginesZZZZN/AdaEmission standards for hazardous air pollutants for lime manufacturing plantsAAAAAApril 20, 2006dbEmission standards for hazardous air pollutants: semiconductor manufacturingBBBBBN/AdcEmission standards for hazardous air pollutants for coke ovens: pushing, quenching, and battery stacksCCCCCN/AddEmission standards for industrial, commercial and institutional boilers and process heatersDDDDDNot adopted. Paragraph reserved.deEmission standards for hazardous air pollutants for iron and steel foundriesEEEEEN/AdfEmission standards for hazardous air pollutants for integrated iron and steel manufacturingFFFFFJuly 13, 2006dgEmission standards for hazardous air pollutants: site remediationGGGGGNovember 29, 2006dhEmission standards for hazardous air pollutants for miscellaneous coating manufacturingHHHHHN/AdiEmission standards for mercury emissions from mercury cell chlor-alkali plantsIIIIIN/AdjEmission standards for hazardous air pollutants for brick and structural clay products manufacturingJJJJJNot adopted. No facilities in Iowa. Paragraph reserved.dkEmission standards for hazardous air pollutants for clay ceramics manufacturingKKKKKNot adopted. No facilities in Iowa. Paragraph reserved.dlEmission standards for hazardous air pollutants: asphalt processing and asphalt roofing manufacturingLLLLLN/AdmEmission standards for hazardous air pollutants: flexible polyurethane foam fabrication operationsMMMMMN/AdnEmission standards for hazardous air pollutants: hydrochloric acid productionNNNNNN/AdoReservedN/AN/AdpEmission standards for hazardous air pollutants: engine test cells/standsPPPPPN/AdqEmission standards for hazardous air pollutants for friction materials manufacturing facilitiesQQQQQN/AdrEmission standards for hazardous air pollutants: taconite iron ore processingRRRRRNot adopted. No facilities in Iowa. Paragraph reserved.dsEmission standards for hazardous air pollutants for refractory products manufacturingSSSSSN/AdtEmission standards for hazardous air pollutants: primary magnesium refiningTTTTTNot adopted. No facilities in Iowa. Paragraph reserved.du and dvReservedN/AN/AdwEmission standards for hazardous air pollutants for hospital ethylene oxide sterilizer area sourcesWWWWWN/AdxReservedN/AN/AdyEmission standards for hazardous air pollutants for electric arc furnace steelmaking area sourcesYYYYYN/AdzEmission standards for hazardous air pollutants for iron and steel foundry area sourcesZZZZZN/AeaReservedN/AN/AebEmission standards for hazardous air pollutants for gasoline distribution area sources: bulk terminals, bulk plants and pipeline facilitiesBBBBBBN/AecEmission standards for hazardous air pollutants for area sources: gasoline dispensing facilitiesCCCCCCN/Aed to egReservedN/AN/AehEmission standards for hazardous air pollutants for area sources: paint stripping and miscellaneous surface coating operationsHHHHHHN/AeiReservedN/AN/AejEmission standards for hazardous air pollutants for area sources: industrial, commercial, and institutional boilersJJJJJJN/AekReservedN/AN/AelEmission standards for hazardous air pollutants for acrylic and modacrylic fibers production area sourcesLLLLLLN/AemEmission standards for hazardous air pollutants for carbon black production area sourcesMMMMMMN/AenEmission standards for hazardous air pollutants for chemical manufacturing of chromium compounds area sourcesNNNNNNN/AeoEmission standards for hazardous air pollutants for flexible polyurethane foam production and fabrication area sourcesOOOOOON/AepEmission standards for hazardous air pollutants for lead acid battery manufacturing area sourcesPPPPPPNovember 19, 2020eqEmission standards for hazardous air pollutants for wood preserving area sourcesQQQQQQN/AerEmission standards for hazardous air pollutants for clay ceramics manufacturing area sourcesRRRRRRN/AesEmission standards for hazardous air pollutants for glass manufacturing area sourcesSSSSSSN/AetEmissions standards for hazardous air pollutants for secondary nonferrous metals processing area sourcesTTTTTTN/AeuReservedN/AN/AevEmission standards for hazardous air pollutants for area sourcesVVVVVVN/AewEmission standards for hazardous air pollutants for area sources: plating and polishingWWWWWWN/AexEmission standards for hazardous air pollutants for area sources: metal fabrication and finishingXXXXXXN/AeyReservedN/AN/AezEmission standards for hazardous air pollutants for area sources: aluminum, copper, and other nonferrous foundriesZZZZZZN/AfaReservedN/AN/AfbNational emission standards for hazardous air pollutants for area sources: chemical preparations industryBBBBBBBN/AfcEmission standards for hazardous air pollutants for area sources: paint and allied products manufacturingCCCCCCCN/AfdEmission standards for hazardous air pollutants for area sources: prepared feeds manufacturingDDDDDDDN/A    23.1(5) Emission guidelines.  The emission guidelines and compliance times for existing sources, as defined in 40 Code of Federal Regulations Part 60 as amended through March 21, 2011, shall apply to the following affected facilities. The corresponding 40 CFR Part 60 subpart designation is in parentheses. A different CFR reference and date for adoption by reference may be included with the subpart designation indicated in the paragraphs of this subrule. The control of the designated pollutants will be in accordance with federal standards established in Sections 111 and 129 of the Act and 40 CFR Part 60, Subpart B (Adoption and Submittal of State Plans for Designated Facilities), and the applicable subpart(s) for the existing source. Reference test methods (Appendix A), performance specifications (Appendix B), determination of emission rate change (Appendix C), quality assurance procedures (Appendix F) and the general provisions (Subpart A) of 40 CFR Part 60, as adopted by reference in 23.1(2), also apply to the affected facilities.    a.    Emission guidelines for municipal solid waste landfills (Subpart Cc).Emission guidelines and compliance times for the control of certain designated pollutants from designated municipal solid waste landfills shall be in accordance with federal standards established in Subparts Cc (Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills) and WWW (Standards of Performance for Municipal Solid Waste Landfills) of 40 CFR Part 60 as amended through April 10, 2000.    (1)   Definitions. For the purpose of 23.1(5)“a,” the definitions have the same meaning given to them in the Act and 40 CFR Part 60, Subparts A (General Provisions), B, and WWW, if not defined in this subparagraph.        "Municipal solid waste landfill" "MSW landfill" means an entire disposal facility in a contiguous geographical space where household waste is placed in or on land. An MSW landfill may also receive other types of RCRA Subtitle D wastes such as commercial solid waste, nonhazardous sludge, and industrial solid waste. Portions of an MSW landfill may be separated by access roads. An MSW landfill may be publicly or privately owned. An MSW landfill may be a new MSW landfill, an existing MSW landfill or a lateral expansion.    (2)   Designated facilities.
    1. The designated facility to which the emission guidelines apply is each existing MSW landfill for which construction, reconstruction or modification was commenced before May 30, 1991.
    2. Physical or operational changes made to an existing MSW landfill solely to comply with an emission guideline are not considered a modification or reconstruction and would not subject an existing MSW landfill to the requirements of 40 CFR Part 60, Subpart WWW (40 CFR 60.750).
    3. For MSW landfills subject to 567—24.101(455B) only because of applicability to 23.1(5)“a”(2), the following apply for obtaining and maintaining a Title V operating permit under 567—24.104(455B):
    4. The owner or operator of an MSW landfill with a design capacity less than 2.5 million megagrams or 2.5 million cubic meters is not required to obtain an operating permit for the landfill.
    5. The owner or operator of an MSW landfill with a design capacity greater than or equal to 2.5 million megagrams and 2.5 million cubic meters on or before June 22, 1998, becomes subject to the requirements of 567—subrule 24.105(1) on September 20, 1998. This requires the landfill to submit a Title V permit application to the air quality bureau, department of natural resources, no later than September 20, 1999.
    6. The owner or operator of a closed MSW landfill does not have to maintain an operating permit for the landfill if either of the following conditions are met: the landfill was never subject to the requirement for a control system under 23.1(5)“a”(3), or the owner or operator meets the conditions for control system removal specified in 40 CFR §60.752(b)(2)(v).
        (3)   Emission guidelines for municipal solid waste landfill emissions.
    1. MSW landfill emissions at each MSW landfill meeting the conditions below shall be controlled. A design capacity report must be submitted to the director by November 18, 1997.The landfill has accepted waste at any time since November 8, 1987, or has additional design capacity available for future waste deposition.The landfill has a design capacity greater than or equal to 2.5 million megagrams and 2.5 million cubic meters. The landfill may calculate design capacity in either megagrams or cubic meters for comparison with the exemption values. Any density conversions shall be documented and submitted with the report. All calculations used to determine the maximum design capacity must be included in the design capacity report.The landfill has a nonmethane organic compound (NMOC) emission rate of 50 megagrams per year or more. If the MSW landfill’s design capacity exceeds the established thresholds in 23.1(5)“a”(3)“1,” the NMOC emission rate calculations must be provided with the design capacity report.
    2. The planning and installation of a collection and control system shall meet the conditions provided in 40 CFR 60.752(b)(2) at each MSW landfill meeting the conditions in 23.1(5)“a”(3)“1.”
    3. MSW landfill emissions collected through the use of control devices must meet the following requirements, except as provided in 40 CFR 60.24 after approval by the director and U.S. Environmental Protection Agency:An open flare designed and operated in accordance with the parameters established in 40 CFR 60.18; a control system designed and operated to reduce NMOC by 98 weight percent; or an enclosed combustor designed and operated to reduce the outlet NMOC concentration to 20 parts per million as hexane by volume, dry basis at 3 percent oxygen, or less.
        (4)   Test methods and procedures. The following must be used:
    1. The calculation of the landfill NMOC emission rate listed in 40 CFR 60.754, as applicable, to determine whether the landfill meets the condition in 23.1(5)“a”(3)“3”;
    2. The operational standards in 40 CFR 60.753;
    3. The compliance provisions in 40 CFR 60.755; and
    4. The monitoring provisions in 40 CFR 60.756.
        (5)   Reporting and recordkeeping requirements. The recordkeeping and reporting provisions listed in 40 CFR 60.757 and 60.758, as applicable, except as provided under 40 CFR 60.24 after approval by the director and U.S. Environmental Protection Agency, shall be used.    (6)   Compliance times.
    1. Except as provided for under 23.1(5)“a”(6)“2,” planning, awarding of contracts, and installation of MSW landfill air emission collection and control equipment capable of meeting the emission guidelines established under 23.1(5)“a”(3) shall be accomplished within 30 months after the date the initial NMOC emission rate report shows NMOC emissions greater than or equal to 50 megagrams per year.
    2. For each existing MSW landfill meeting the conditions in 23.1(5)“a”(3)“1” whose NMOC emission rate is less than 50 megagrams per year on August 20, 1997, installation of collection and control systems capable of meeting emission guidelines in 23.1(5)“a”(3) shall be accomplished within 30 months of the date when the condition in 23.1(5)“a”(3)“1” is met (i.e., the date of the first annual nonmethane organic compounds emission rate which equals or exceeds 50 megagrams per year).
        b.    Emission guidelines for hospital/medical/infectious waste incinerators (40 CFR Part 62, Subpart HHH).The provisions in 62.14400(b) (exceptions to Subpart HHH requirements) and 62.14490 (Subpart HHH definitions) as amended through May 13, 2013, are adopted by reference. No other provisions of Subpart HHH are adopted.    c.    Emission guidelines and compliance schedules for existing commercial and industrial solid waste incineration units that commenced construction on or before November 30, 1999.Emission guidelines and compliance schedules for the control of designated pollutants from affected commercial and industrial solid waste incinerators that commenced construction on or before November 30, 1999, shall be in accordance with requirements established in Subpart III of 40 CFR Part 62 and 40 CFR §62.3916 as adopted through August 24, 2004.    d.    Reserved.    e.    Emission guidelines and compliance times for existing sewage sludge incineration units (40 CFR Part 62, Subpart LLL).Emission guidelines and compliance times for control of designated pollutants from affected sewage sludge incineration (SSI) units that commenced construction or reconstruction on or before October 14, 2010, shall be in accordance with federal standards established in Subpart LLL of 40 CFR Part 62 as amended through April 29, 2016.
        23.1(6) Calculation of emission limitations based upon stack height.  This rule sets limits for the maximum stack height credit to be used in ambient air quality modeling for the purpose of setting an emission limitation and calculating the air quality impact of a source. The rule does not limit the actual physical stack height for any source.For the purpose of this subrule, definitions of “stack,” “a stack in existence,” “dispersion technique,” “good engineering practice (GEP) stack height,” “nearby” and “excessive concentration” as set forth in 40 CFR §51.100(ff) through (kk) as amended through June 14, 1996, are adopted by reference.

    567—23.2(455B) Open burning.  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 rule. The definitions set out in Iowa Code sections 455B.101, 455B.131, and 455B.411 are incorporated verbatim in these rules.        "Garbage" means all solid and semisolid putrescible and nonputrescible animal and vegetable wastes resulting from the handling, preparing, cooking, storing and serving of food or of material intended for use as food but excluding recognized industrial by-products.        "Landscape waste" means any vegetable or plant wastes except garbage. The term includes trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery and yard trimmings.        "Open burning" means any burning of combustible materials where the products of combustion are emitted into the open air without passing through a chimney or stack.        "Refuse" means garbage, rubbish and all other putrescible and nonputrescible wastes, except sewage and water-carried trade wastes.        "Residential waste" means any refuse generated on the premises as a result of residential activities. The term includes landscape waste grown on the premises or deposited thereon by the elements, but excludes garbage, tires, trade wastes, and any locally recyclable goods or plastics.        "Rubbish" means all waste materials of nonputrescible nature.        "Trade waste" means any refuse resulting from the prosecution of any trade, business, industry, commercial venture (including farming and ranching), or utility or service activity, and any governmental or institutional activity, whether or not for profit.    23.2(1) Prohibition.  No person shall allow, cause or permit open burning of combustible materials, except as provided in 23.2(2) and 23.2(3).    23.2(2) Variances from rules.  Any person wishing to conduct open burning of materials not exempted in 23.2(3) may make application for a variance as specified in 567—subrule 21.2(1). In addition to requiring the information specified under 567—subrule 21.2(1), the director may require any person applying for a variance from the open burning rules to submit adequate documentation to allow the director to assess whether granting the variance will hinder attainment or maintenance of a National Ambient Air Quality Standard (NAAQS).    23.2(3) Exemptions.  The open burning exemptions specified in this subrule do not provide exemptions from any other applicable environmental regulations. In particular, the exemptions contained in this subrule do not absolve any person from compliance with the rules for solid waste disposal, including ash disposal, and solid waste permitting contained in 567—Chapters 100 through 130 or the rules for storm water runoff and storm water permitting contained in 567—Chapters 60 and 64. The following exemptions apply unless prohibited by local ordinances or regulations, except that the exemptions for open burning of trees and tree trimming (23.2(3)“b”), landscape waste (23.2(3)“d”), residential waste (23.2(3)“f”), agricultural structures (23.2(3)“i”), and demolished buildings (23.2(3)“j”) are unavailable within the cities of Cedar Rapids, Marion, Hiawatha, Council Bluffs, Carter Lake, Des Moines, West Des Moines, Clive, Windsor Heights, Urbandale, and Pleasant Hill.     a.    Disaster rubbish.The open burning of rubbish, including landscape waste, for the duration of the community disaster period in cases where an officially declared emergency condition exists. Burning of any structures or demolished structures shall be conducted in accordance with 40 CFR Section 61.145 as amended through January 16, 1991, which is the “Standard for Demolition and Renovation” of the asbestos National Emission Standard for Hazardous Air Pollutants.    b.    Trees and tree trimmings.The open burning of trees and tree trimmings not originated on the premises provided that the burning site is operated by a local governmental entity, the burning site is fenced and access is controlled, burning is conducted on a regularly scheduled basis and is supervised at all times, burning is conducted only when weather conditions are favorable with respect to surrounding property, and the burning site is limited to areas at least one-quarter mile from any inhabited building unless a written waiver in the form of an affidavit is submitted by the owner of the building to the department and to the local governmental entity prior to the first instance of open burning at the site which occurs after November 13, 1996. The written waiver shall become effective only upon recording in the office of the recorder of deeds of the county in which the inhabited building is located. However, when the open burning of trees and tree trimmings causes air pollution as defined in Iowa Code section 455B.131(3), the department may take appropriate action to secure relocation of the burning operation. Rubber tires shall not be used to ignite trees and tree trimmings.This exemption shall not apply within the area classified as the PM10 (inhalable) particulate Group II area of Mason City. This Group II area is described as follows: the area in Cerro Gordo County, Iowa, in Lincoln Township including Sections 13, 24 and 25; in Lime Creek Township including Sections 18, 19, 20, 21, 27, 28, 29, 30, 31, 32, 33, 34 and 35; in Mason Township the W ½ of Section 1, Sections 2, 3, 4, 5, 8, 9, the N ½ of Section 11, the NW ¼ of Section 12, the N ½ of Section 16, the N ½ of Section 17 and the portions of Sections 10 and 15 north and west of the line from U.S. Highway 18 south on Kentucky Avenue to 9th Street SE; thence west on 9th Street SE to the Minneapolis and St. Louis railroad tracks; thence south on Minneapolis and St. Louis railroad tracks to 19th Street SE; thence west on 19th Street SE to the section line between Sections 15 and 16.    c.    Flare stacks.The open burning or flaring of waste gases, providing such open burning or flaring is conducted in compliance with 23.3(2)“d” and 23.3(3)“e.”    d.    Landscape waste.The disposal by open burning of landscape waste originating on the premises. However, the burning of landscape waste produced in clearing, grubbing and construction operations shall be limited to areas located at least one-fourth mile from any building inhabited by other than the landowner or tenant conducting the open burning. Rubber tires shall not be used to ignite landscape waste.    e.    Recreational fires.Open fires for cooking, heating, recreation and ceremonies, provided they comply with 23.3(2)“d.” Burning rubber tires is prohibited from this activity.    f.    Residential waste.Backyard burning of residential waste at dwellings of four-family units or less. The adoption of more restrictive ordinances or regulations of a governing body of the political subdivision, relating to control of backyard burning, shall not be precluded by these rules.    g.    Training fires.For purposes of 23.2(3), a “training fire” is a fire set for the purposes of conducting bona fide training of public or industrial employees in firefighting methods. For purposes of this paragraph, “bona fide training” means training that is conducted according to the National Fire Protection Association 1403 Standard on Live Fire Training Evolutions (2002 Edition) or a comparable training fire standard. A training fire may be conducted, provided that all of the following conditions are met:    (1)   A training fire on a building is conducted with the building structurally intact.    (2)   The training fire does not include the controlled burn of a demolished building.    (3)   If the training fire is to be conducted on a building, written notification is provided to the department on DNR Form 542-8010, Notification of an Iowa Training Fire-Demolition or a Controlled Burn of a Demolished Building, and is postmarked or delivered to the director at least ten working days before such action commences.    (4)   Notification shall be made in accordance with 40 CFR Section 61.145, “Standard for Demolition and Renovation” of the asbestos National Emission Standard for Hazardous Air Pollutants (NESHAP) as amended through January 16, 1991.    (5)   All asbestos-containing materials shall be removed prior to the training fire.    (6)   Asphalt roofing may be burned in the training fire only if notification to the director contains testing results indicating that none of the layers of asphalt roofing contain asbestos. During each calendar year, each fire department may conduct no more than two training fires on buildings where asphalt roofing has not been removed, provided that for each of those training fires the asphalt roofing material present has been tested to ensure that it does not contain asbestos. Each fire department’s limit on the burning of asphalt roofing shall include both training fires and the controlled burning of a demolished building, as specified in 23.2(3)“j.”    (7)   Rubber tires shall not be burned during a training fire.    h.    Paper or plastic pesticide containers and seed corn bags.The disposal by open burning of paper or plastic pesticide containers (except those formerly containing organic forms of beryllium, selenium, mercury, lead, cadmium or arsenic) and seed corn bags resulting from farming activities occurring on the premises. Such open burning shall be limited to areas located at least one-fourth mile from any building inhabited by other than the landowner or tenant conducting the open burning, livestock area, wildlife area, or water source. The amount of paper or plastic pesticide containers and seed corn bags that can be disposed of by open burning shall not exceed one day’s accumulation or 50 pounds, whichever is less. However, when the burning of paper or plastic pesticide containers or seed corn bags causes a nuisance, the director may take action to secure relocation of the burning operation. Since the concentration levels of pesticide combustion products near the fire may be hazardous, the person conducting the open burning should take precautions to avoid inhalation of the pesticide combustion products.    i.    Agricultural structures.The open burning of agricultural structures, provided that the open burning occurs on the premises and, for agricultural structures located within a city or town, at least one-fourth mile from any building inhabited by a person other than the landowner, a tenant, or an employee of the landowner or tenant conducting the open burning unless a written waiver in the form of an affidavit is submitted by the owner of the building to the department prior to the open burning; all chemicals and asphalt roofing are removed; burning is conducted only when weather conditions are favorable with respect to surrounding property; and permission from the local fire chief is secured in advance of the burning. Rubber tires shall not be used to ignite agricultural structures. The asbestos National Emission Standard for Hazardous Air Pollutants (NESHAP) as amended through January 16, 1991, requires the burning of agricultural structures to be conducted in accordance with 40 CFR Section 61.145, “Standard for Demolition and Renovation.”For the purposes of this subrule, “agricultural structures” means barns, machine sheds, storage cribs, animal confinement buildings, and homes located on the premises and used in conjunction with crop production, livestock or poultry raising and feeding operations. “Agricultural structures,” for asbestos NESHAP purposes, includes all of the above, with the exception of a single residential structure on the premises having four or fewer dwelling units, which has been used only for residential purposes.    j.    Controlled burning of a demolished building.A city, as “city” is defined in Iowa Code section 362.2(4), with approval of its council, as “council” is defined in Iowa Code section 362.2(8), may conduct a controlled burn of a demolished building. A city is the only party that may conduct such a burn and is responsible for ensuring that all of the following conditions are met:    (1)   Prohibition. The controlled burning of a demolished building is prohibited within the city limits of Cedar Rapids, Marion, Hiawatha, Council Bluffs, Carter Lake, Des Moines, West Des Moines, Clive, Windsor Heights, Urbandale, Pleasant Hill, Buffalo, Davenport, Mason City or any other area where area-specific state implementation plans require the control of particulate matter.    (2)   Notification requirements. For each building proposed to be burned, the city fire department or a city official, on behalf of the city, shall submit to the department a completed notification postmarked at least 10 working days prior to commencing demolition and at least 30 days before the proposed controlled burn commences. Documentation of city council approval shall be submitted with the notification. Information required to be provided shall include the exact location of the burn site; the approximate distance to the nearest neighboring residence or business; the method used by the city to notify nearby residents of the proposed burn; an explanation of why alternative methods of demolition debris management are not being used; and information required by 40 CFR Section 61.145, “Standard for Demolition and Renovation” of the asbestos National Emission Standard for Hazardous Air Pollutants (NESHAP), as amended through January 16, 1991. Notification shall be provided on DNR Form 542-8010, Notification of an Iowa Training Fire-Demolition or a Controlled Burn of a Demolished Building. For burns conducted outside the city limits, the city shall send to the chairperson of the applicable county board a copy of the completed DNR notification Form 542-8010 and documentation of city council approval. Notification to the county board shall be postmarked, faxed or sent by email at least 30 days before the proposed controlled burn commences.    (3)   Asbestos removal requirements. All asbestos-containing materials shall be removed before the building to be burned is demolished. The department may require proof that any applicable inspection, notification, removal and demolition occurred, or will occur, in accordance with 40 CFR Section 61.145, “Standard for Demolition and Renovation” of the asbestos NESHAP, as amended through January 16, 1991.    (4)   Requirements for asphalt roofing. During each calendar year, each city shall conduct no more than two controlled burns of a demolished building in which asphalt roofing has not been removed, provided that for each controlled burn of a demolished building the asphalt roofing material present has been tested to ensure that it does not contain asbestos. Each city’s limit on the burning of asphalt roofing shall include both the controlled burning of a demolished building and training fires, as specified in 23.2(3)“g.”    (5)   Building size limit. For each proposed controlled burn located within the city limits, more than one demolished building may be included in the burn, provided that the sum total of all building material to be burned at a designated site does not exceed 1,700 square feet in size. For a controlled burn site located outside the city limits, the sum total of all building material to be burned, per day, may not exceed 1,700 square feet in size. For purposes of this subparagraph, “square feet” includes both finished and unfinished basements and excludes unfinished attics, carports, attached garages, and porches that are not protected from weather.    (6)   Time of day requirements. The controlled burning of a demolished building may be conducted only between the hours of 6 a.m. and 6 p.m. and only when weather conditions are favorable with respect to surrounding property. The city shall adequately schedule and sufficiently control the burn to ensure that burning is completed by 6 p.m.    (7)   Prohibited materials. Rubber tires, chemicals, furniture, carpeting, household appliances, vinyl products (such as flooring or siding), trade waste, garbage, rubbish, landscape waste, residential waste, and other nonstructural materials shall not be burned.    (8)   Limits on the number and location of burns. For burns conducted within the city limits, each city may undertake no more than one controlled burn of demolished building material in every 0.6-mile-radius circle during each calendar year. For burn sites established outside the city limits, each city shall undertake no more than one controlled burn of demolished building material per day. A burn site outside the city limits must be located at least 0.6 of a mile from any building inhabited by a person, as “person” is defined in Iowa Code section 362.2(17).    (9)   Requirements for burn access and supervision. The city shall control access to all demolished building burn sites. Representatives of the city who are city employees or who are hired by the city shall supervise the burning of demolished building material at all times.    (10)   Recordkeeping requirements. The city shall retain at least one copy of all notifications and supplementary information required to be sent to the department under 23.2(3)“j”(2). Additionally, the city shall maintain a map of the exact location of each burn site and supporting documentation showing the date of each demolished building burn and the square feet of building material burned on each date. All maps, notifications and associated records shall be maintained by the city clerk, as “clerk” is defined in Iowa Code section 362.2(7), for a period of at least three years and shall be made available for inspection by the department upon request.    (11)   Variance from this paragraph. In accordance with 567—subrules 21.2(1) and 23.2(2), a city may apply for a variance from the specific conditions for controlled burning of a demolished building and may request that the director conduct a review of the ambient air impacts of the request. The director shall approve or deny the request in accordance with 567—subrule 21.2(4).    (12)   Compliance with other applicable environmental regulations. Compliance with the exemption requirements in this paragraph shall not absolve a city of the responsibility to comply with any other applicable environmental regulations. In particular, a city conducting a controlled burn of a demolished building shall comply with all applicable solid waste disposal, including ash disposal, and solid waste permitting rules contained in 567—Chapters 100 through 130, as well as all applicable storm water discharge and storm water permitting rules contained in 567—Chapters 60 and 64.

    567—23.3(455B) Specific contaminants.      23.3(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.    23.3(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 × 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 × P0.11—40,where E = rate of emission in lb/hr, andP = process weight in tons/hr    b.    Combustion for indirect heating.Emissions of particulate matter from the combustion of fuel for indirect heating or for power generation shall be limited by the ASME Standard APS-1, Second Edition, November 1968, “Recommended Guide for the Control of Dust Emission—Combustion for Indirect Heat Exchangers.” For the purpose of this paragraph, the allowable emissions shall be calculated from equation (15) in that standard, with Comax2=50 micrograms per cubic meter. The maximum ground level dust concentrations designated are above the background level. For plants with 4,000 million Btu/hour input or more, the “a” factor shall be 1.0. In plants with less than 4,000 million Btu/hour input, appropriate “a” factors, less than 1.0, shall be applied. Pertinent correction factors, as specified in the standard, shall be applied for installations with multiple stacks. However, for fuel-burning units in operation on January 13, 1976, the maximum allowable emissions calculated under APS-1 for the facility’s equipment configuration on January 13, 1976, shall not be increased even if the changes in the equipment or stack configuration would otherwise allow a recalculation and a higher maximum allowable emission under APS-1.    (1)   Outside any standard metropolitan statistical area, the maximum allowable emissions from each stack, irrespective of stack height, shall be 0.8 pounds of particulates per million Btu input.    (2)   Inside any standard metropolitan statistical area, the maximum allowable emission from each stack, irrespective of stack height, shall be 0.6 pounds of particulates per million Btu input.    (3)   For a new fossil fuel-fired steam generating unit of more than 250 million Btu per hour heat input, 23.1(2)“a” shall apply. For a new unit of between 150 million and 250 million (inclusive) Btu per hour heat input, the maximum allowable emissions from such new unit shall be 0.2 pounds of particulates per million Btu of heat input. For a new unit of less than 150 million Btu per hour heat input, the maximum allowable emissions from such new unit shall be 0.6 pounds of particulates per million Btu of heat input.    (4)   Measurements of emissions from a particulate source will be made in accordance with the provisions of 567—Chapter 25.    (5)   For fuel-burning sources in operation prior to July 29, 1977, which are not subject to 23.1(2) and which significantly impact a primary or secondary particulate standard nonattainment area, the emission limitations specified in this subparagraph apply. A significant impact shall be equal to or exceeding 5 micrograms of particulate matter per cubic meter of air (24-hour average) or 1 microgram of particulate matter per cubic meter of air (annual average) determined by an EPA-approved single source dispersion model using allowable emission rates and five-year worst-case meteorological conditions. In the case where two or more boilers discharge into a common stack, the applicable stack emission limitation shall be based upon the heat input of the largest operating boiler. The plantwide allowable emission limitation shall be the weighted average of the allowable emission limitations for each stack or the applicable APS-1 plantwide standard as determined under 23.3(2)“b,” whichever is more stringent.The maximum allowable emission rate for a single stack with a total heat input capacity less than 250 million Btu per hour shall be 0.60 pound of particulate matter per million Btu heat input, the maximum allowable emission rate for a single stack with a total heat input capacity greater than or equal to 250 million Btu per hour and less than 500 million Btu per hour shall be 0.40 pound of particulate matter per million Btu heat input, and the maximum allowable emission rate for a single stack with a total heat input capacity greater than or equal to 500 million Btu per hour shall be 0.30 pound of particulate matter per million Btu heat input. All sources regulated under this subparagraph shall demonstrate compliance by October 1, 1981; however, a source is considered to be in compliance with this subparagraph if by October 1, 1981, it is on a compliance schedule to be completed as expeditiously as possible, but no later than December 31, 1982.    c.    Fugitive dust.    (1)   Attainment and unclassified areas. A person shall take reasonable precautions to prevent particulate matter from becoming airborne in quantities sufficient to cause a nuisance as defined in Iowa Code section 657.1 when the person allows, causes or permits any materials to be handled, transported or stored or a building, its appurtenances or a construction haul road to be used, constructed, altered, repaired or demolished, with the exception of farming operations or dust generated by ordinary travel on unpaved roads. Ordinary travel includes routine traffic and road maintenance activities such as scarifying, compacting, transporting road maintenance surfacing material, and scraping of the unpaved public road surface. All persons, with the above exceptions, shall take reasonable precautions to prevent the discharge of visible emissions of fugitive dusts beyond the lot line of the property on which the emissions originate. The public highway authority shall be responsible for taking corrective action in those cases where said authority has received complaints of or has actual knowledge of dust conditions that require abatement pursuant to this subrule. Reasonable precautions may include, but not be limited to, the following procedures.
    1. Use, where practical, of water or chemicals for control of dusts in the demolition of existing buildings or structures, construction operations, the grading of roads or the clearing of land.
    2. Application of suitable materials, such as but not limited to asphalt, oil, water or chemicals on unpaved roads, material stockpiles, race tracks and other surfaces which can give rise to airborne dusts.
    3. Installation and use of containment or control equipment, to enclose or otherwise limit the emissions resulting from the handling and transfer of dusty materials, such as but not limited to grain, fertilizer or limestone.
    4. Covering, at all times when in motion, open-bodied vehicles transporting materials likely to give rise to airborne dusts.
    5. Prompt removal of earth or other material from paved streets or to which earth or other material has been transported by trucking or earth-moving equipment, erosion by water or other means.
    6. Reducing the speed of vehicles traveling over on-property surfaces as necessary to minimize the generation of airborne dusts.
        (2)   Nonattainment areas. 23.3(2)“c”(1) notwithstanding, no person shall allow, cause or permit any visible emission of fugitive dust in a nonattainment area for particulate matter to go beyond the lot line of the property on which a traditional source is located without taking reasonable precautions to prevent emission. “Traditional source” means a source category for which a particulate emission standard has been established in 23.1(2), 23.3(2)“a,” 23.3(2)“b” or 567—23.4(455B) and includes a quarry operation, haul road or parking lot associated with a traditional source. This paragraph does not modify the emission standard stated in 23.1(2), 23.3(2)“a,” 23.3(2)“b” or 567—23.4(455B) but rather establishes a separate requirement for fugitive dust from such sources. For guidance on the types of controls which may constitute reasonable precautions, see “Identification of Techniques for the Control of Industrial Fugitive Dust Emissions,” as adopted by the commission on May 19, 1981, which is available from the department upon request.    (3)   Redesignated areas. Reasonable precautions implemented pursuant to the nonattainment area provisions of 23.3(2)“c”(2) shall remain in effect if the nonattainment area is redesignated to either attainment or unclassified after March 6, 1980.
        d.    Visible emissions.No person shall allow, cause or permit the emission of visible air contaminants into the atmosphere from any equipment, internal combustion engine, premise fire, open fire or stack, equal to or in excess of 40 percent opacity or that level specified in a construction permit, except as provided below and in 567—Chapter 21.    (1)   Residential heating equipment. Residential heating equipment serving dwellings of four family units or less is exempt.    (2)   Gasoline-powered vehicles. No person shall allow, cause or permit the emission of visible air contaminants from gasoline-powered motor vehicles for longer than five consecutive seconds.    (3)   Diesel-powered vehicles. No person shall allow, cause or permit the emission of visible air contaminants from diesel-powered motor vehicles in excess of 40 percent opacity for longer than five consecutive seconds.    (4)   Diesel-powered locomotives. No person shall allow, cause or permit the emission of visible air contaminants from diesel-powered locomotives in excess of 40 percent opacity, except for a maximum period of 40 consecutive seconds during acceleration under load, or for a period of four consecutive minutes when a locomotive is loaded after a period of idling.    (5)   Startup and testing. Initial start and warmup of a cold engine; the testing of an engine for trouble, diagnosis or repair; or engine research and development activities, is exempt.    (6)   Uncombined water. The provisions of this paragraph shall apply to any emission that would be in violation of these provisions except for the presence of uncombined water, such as condensed water vapor.
        23.3(3) Sulfur compounds.  The provisions of this subrule shall apply to any installation from which sulfur compounds are emitted into the atmosphere.    a.    Sulfur dioxide from use of solid fuels.    (1)   No person shall allow, cause, or permit the emission of sulfur dioxide into the atmosphere from an existing solid fuel-burning unit, in an amount greater than 6 pounds, replicated maximum three-hour average, per million Btu of heat input if such unit is located within the following counties: Black Hawk, Clinton, Des Moines, Dubuque, Jackson, Lee, Linn, Louisa, Muscatine and Scott.    (2)   No person shall allow, cause, or permit the emission of sulfur dioxide into the atmosphere from an existing solid fuel-burning unit, in an amount greater than 5 pounds, replicated maximum three-hour average, per million Btu of heat input if such unit is located within the remaining 89 counties of the state not listed in 23.3(3)“a”(1).    (3)   No person shall allow, cause, or permit the emission of sulfur dioxide into the atmosphere from any new solid fuel-burning unit that has a capacity of 250 million Btu or less per hour heat input, in an amount greater than 6 pounds, replicated maximum three-hour average, per million Btu of heat input.    b.    Sulfur dioxide from use of liquid fuels.    (1)   No person shall allow, cause, or permit the combustion of number 1 or number 2 fuel oil exceeding a sulfur content of 0.5 percent by weight.    (2)   No person shall allow, cause, or permit the emission of sulfur dioxide into the atmosphere in an amount greater than 2.5 pounds of sulfur dioxide, replicated maximum three-hour average, per million Btu of heat input from a liquid fuel-burning unit.    c.    Sulfur dioxide from sulfuric acid manufacture.After January 1, 1975, no person shall allow, cause or permit the emission of sulfur dioxide from an existing sulfuric acid manufacturing plant in excess of 30 pounds of sulfur dioxide, maximum three-hour average, per ton of product calculated as 100 percent sulfuric acid.    d.    Acid mist from sulfuric acid manufacture. After January 1, 1974, no person shall allow, cause or permit the emission of acid mist calculated as sulfuric acid from an existing sulfuric acid manufacturing plant in excess of 0.5 pounds, maximum three-hour average, per ton of product calculated as 100 percent sulfuric acid.    e.    Other processes capable of emitting sulfur dioxide.After January 1, 1974, no person shall allow, cause or permit the emission of sulfur dioxide from any process, other than sulfuric acid manufacture, in excess of 500 parts per million, based on volume. This paragraph shall not apply to devices which have been installed for air pollution abatement purposes where it is demonstrated by the owner of the source that the ambient air quality standards are not being exceeded.

    567—23.4(455B) Specific processes.      23.4(1) General.  The provisions of this rule shall not apply to those facilities for which performance standards are specified in 23.1(2). The emission standards specified in this rule shall apply and those specified in 23.3(2)“a” and 23.3(2)“b” shall not apply to each process of the types listed in the following subrules, except as provided below.Exception: Whenever the director determines that a process complying with the emission standard prescribed in this rule is causing or will cause air pollution in a specific area of the state, the specific emission standard may be suspended and compliance with the provisions of 567—23.3(455B) may be required in such instance.    23.4(2) Asphalt batching plants.  No person shall cause, allow or permit the operation of an asphalt batching plant in a manner such that the particulate matter discharged to the atmosphere exceeds 0.15 grain per standard cubic foot of exhaust gas.    23.4(3) Cement kilns.   Cement kilns shall be equipped with air pollution control devices to reduce the particulate matter in the gas discharged to the atmosphere to no more than 0.3 percent of the particulate matter entering the air pollution control device. Regardless of the degree of efficiency of the air pollution control device, particulate matter discharged from such kilns shall not exceed 0.1 grain per standard cubic foot of exhaust gas.    23.4(4) Cupolas for metallurgical melting.  The emissions of particulate matter from all new foundry cupolas, and from all existing foundry cupolas with a process weight rate in excess of 20,000 pounds per hour, shall not exceed the amount specified in 23.3(2)“a,” except as provided in 567—Chapter 21.The emissions of particulate matter from all existing foundry cupolas with a process weight rate less than or equal to 20,000 pounds per hour shall not exceed the amount determined from the table below, except as provided in 567—Chapter 21.ALLOWABLE EMISSIONS FROMEXISTING SMALL FOUNDRY CUPOLASProcess weight rateAllowable emission(lb/hr)(lb/hr)    1,000    3.05    2,000    4.70    3,000    6.35    4,000    8.00    5,000    9.58    6,00011.30    7,00012.90    8,00014.30    9,00015.5010,00016.6512,00018.7016,00021.6018,00023.4020,00025.10    23.4(5) Electric furnaces for metallurgical melting.  The emissions of particulate matter to the atmosphere from electric furnaces used for metallurgical melting shall not exceed 0.1 grain per standard cubic foot of exhaust gas.    23.4(6) Sand handling and surface finishing operations in metal processing.  This subrule shall apply to any new foundry or metal processing operation not properly termed a combustion, melting, baking or pouring operation. For purposes of this subrule, a new process is any process that has not started operation, or the construction of which has not been commenced, or the components of which have not been ordered or contracts for the construction of which have not been let on August 1, 1977. No person shall allow, cause or permit the operation of any equipment designed for sand shakeout, mulling, molding, cleaning, preparation, reclamation or rejuvenation or any equipment for abrasive cleaning, shot blasting, grinding, cutting, sawing or buffing in such a manner that particulate matter discharged from any stack exceeds 0.05 grains per dry standard cubic foot of exhaust gas, regardless of the types and number of operations that discharge from the stack.    23.4(7) Grain handling and processing plants.  The owner or operator of equipment at a permanent installation for the handling or processing of grain, grain products and grain by-products shall not cause, allow or permit the particulate matter discharged to the atmosphere to exceed 0.1 grain per dry standard cubic foot of exhaust gas, except as follows:    a.    The particulate matter discharged to the atmosphere from a grain bin vent at a country grain elevator, as “country grain elevator” is defined in 567—subrule 22.10(1), shall not exceed 1.0 grain per dry standard cubic foot of exhaust gas.    b.    The particulate matter discharged to the atmosphere from a grain bin vent that was constructed, modified or reconstructed before March 31, 2008, at a country grain terminal elevator, as “country grain terminal elevator” is defined in 567—subrule 22.10(1), or at a grain terminal elevator, as “grain terminal elevator” is defined in 567—subrule 22.10(1), shall not exceed 1.0 grain per dry standard cubic foot of exhaust gas.    c.    The particulate matter discharged to the atmosphere from a grain bin vent that is constructed or reconstructed on or after March 31, 2008, at a country grain terminal elevator, as “country grain terminal elevator” is defined in 567—subrule 22.10(1), or at a grain terminal elevator, as “grain terminal elevator” is defined in 567—subrule 22.10(1), shall not exceed 0.1 grain per dry standard cubic foot of exhaust gas.    23.4(8) Lime kilns.  No person shall cause, allow or permit the operation of a kiln for the processing of limestone such that the particulate matter in the gas discharged to the atmosphere exceeds 0.1 grain per standard cubic foot of exhaust gas.    23.4(9) Meat smokehouses.  No person shall cause, allow or permit the operation of a meat smokehouse or a group of meat smokehouses that consume more than 10 pounds of wood, sawdust or other material per hour such that the particulate matter discharged to the atmosphere exceeds 0.2 grain per standard cubic foot of exhaust gas.    23.4(10) Phosphate processing plants.      a.    and b. Reserved.    c.    Nitrophosphate manufacture. No person shall allow, cause or permit the operation of equipment for the manufacture of nitrophosphate in a manner that produces more than 0.06 pound of fluoride per ton of phosphorus pentoxide or equivalent input.    d.    No person shall allow, cause or permit the operation of equipment for the processing of phosphate ore, rock or other phosphatic material (other than equipment used for the manufacture of phosphoric acid, diammonium phosphate or nitrophosphate) in a manner that the unit emissions of fluoride exceed 0.4 pound of fluoride per ton of phosphorous pentoxide or its equivalent input.    e.    Notwithstanding 23.4(10)“c” and “d,” no person shall allow, cause or permit the operation of equipment for the processing of phosphorous ore, rock or other phosphatic material, including but not limited to phosphoric acid, in a manner that emissions of fluorides exceed 100 pounds per day.    f.    “Fluoride” means elemental fluorine and all fluoride compounds as measured by reference methods specified in Appendix A to 40 CFR Part 60 as amended through March 12, 1996.    g.    Calculation. The allowable total emission of fluoride shall be calculated by multiplying the unit emission specified above by the expressed design production capacity of the process equipment.    23.4(11) Portland cement concrete batching plants.  No person shall cause, allow or permit the operation of a Portland cement concrete batching plant such that the particulate matter discharged to the atmosphere exceeds 0.1 grain per standard cubic foot of exhaust gas.    23.4(12) Incinerators.  A person shall not cause, allow or permit the operation of an incinerator unless provided with appropriate control of emissions of particulate matter and visible air contaminants.    a.    Particulate matter.A person shall not cause, allow or permit the operation of an incinerator with a rated refuse burning capacity of 1,000 or more pounds per hour in a manner such that the particulate matter discharged to the atmosphere exceeds 0.2 grain per standard cubic foot of exhaust gas adjusted to 12 percent carbon dioxide.A person shall not cause, allow or permit the operation of an incinerator with a rated refuse burning capacity of less than 1,000 pounds per hour in a manner such that the particulate matter discharged to the atmosphere exceeds 0.35 grain per standard cubic foot of exhaust gas adjusted to 12 percent carbon dioxide.    b.    Visible emissions.A person shall not allow, cause or permit the operation of an incinerator in a manner such that it produces visible air contaminants in excess of 40 percent opacity; except that visible air contaminants in excess of 40 percent opacity but less than or equal to 60 percent opacity may be emitted for periods aggregating not more than 3 minutes in any 60-minute period during an operation breakdown or during the cleaning of air pollution control equipment.    23.4(13) Painting and surface-coating operations.  No person shall allow, cause or permit painting and surface-coating operations in a manner such that particulate matter in the gas discharge exceeds 0.01 grain per standard cubic foot of exhaust gas.

    567—23.5(455B) Anaerobic lagoons.      23.5(1)   Applications for construction permits for animal feeding operations using anaerobic lagoons shall meet the requirements of 567—Chapter 65.    23.5(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.       These rules are intended to implement Iowa Code section 455B.133.
    ARC 7213CEnvironmental Protection Commission[567]Notice of Intended Action

    Proposing rulemaking related to operating permits and providing an opportunity for public comment

        The Environmental Protection Commission (Commission) hereby proposes to rescind Chapter 24, “Excess Emission,” and to adopt a new Chapter 24, “Operating Permits,” Iowa Administrative Code.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 455B.133.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code section 17A.7 and Executive Order 10 (January 10, 2023).Purpose and Summary    The Commission proposes to rescind and adopt a new Chapter 24. The current chapter establishes the standards for the reporting of air quality excess emissions and required equipment maintenance and repair. After a review consistent with Executive Order 10, the Department of Natural Resources (Department) determined that rules for excess emissions would be more appropriately placed in another subject matter chapter, specifically Chapter 21. A Notice of Intended Action to rescind and adopt a new Chapter 21 (ARC 7209C, IAB 12/27/23) that includes updated provisions from Chapter 24 is proposed concurrently with this rulemaking.    The proposed Chapter 24 consists of the rules for air operating permits, which are currently set forth in Chapter 22, and includes updated and streamlined provisions for Title V Operating Permits, Acid Rain Permits, and Small Source Operating Permits. These requirements are established under the U.S. Clean Air Act, Sections 501 through 507 (42 U.S.C. §7661 through §7661f) and Iowa Code section 455B.133. Operating permits help to protect air quality for Iowa’s citizens by ensuring that emissions equipment continues to perform as designed.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 561—Chapter 10. Public Comment     Any interested person may submit written comments concerning this proposed rulemaking. Written comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on January 30, 2024. Comments should be directed to: Christine Paulson Iowa Department of Natural Resources Wallace State Office Building 502 East Ninth Street Des Moines, Iowa 50319 Email: christine.paulson@dnr.iowa.gov Public Hearing     Two public hearings at which persons may present their views orally will be held via conference call as follows. Persons who wish to attend the public hearings should contact Christine Paulson via email or by phone at 515.725.9510. A virtual meeting link and conference call number will be provided prior to each hearing. The public hearing information will also be provided through the Air Quality e-newsletter (GovDelivery) and on the Department’s webpage at iowadnr.gov/Environmental-Protection/Air-Quality/Public-Participation (scroll down to Public Input and click on Executive Order 10 Implementation). Persons who wish to make comments at either of the public hearings must submit a request to Ms. Paulson prior to the hearing to facilitate an orderly hearing. January 29, 2024 1 p.m. Via video/conference call January 30, 2024 1 p.m. Via video/conference call     Persons who wish to make oral comments at a public hearing will be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.    Any persons who intend to participate in a hearing and have special requirements, such as those related to hearing impairments, should contact the Department and advise of specific needs.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rulemaking action is proposed:

        ITEM 1.    Rescind 567—Chapter 24 and adopt the following new chapter in lieu thereof: CHAPTER 24OPERATING PERMITS[Prior to IAB [AF date], subject appeared in Ch 22][Prior to 7/1/83, DEQ Ch 3][Prior to 12/3/86, Water, Air and Waste Management[900]]

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    567—24.100(455B) Title V operating permits—definitions.  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 which 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:
    3. 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.
    4. 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.
    5. For radionuclides, “major source” shall have the meaning specified by the Administrator by rule.
    1. A major stationary source as defined in Part D of Title I of the Act, including:
    2. 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;
    3. 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;
    4. 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;
    5. 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.
    6. 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:
    6. 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
    7. 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.
    8. 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:
    2. The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or
    3. The delegation of authority to such representative is approved in advance by the permitting authority;
    4. For a partnership or sole proprietorship: a general partner or the proprietor, respectively;
    5. 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
    6. For Title IV affected sources:
    7. The designated representative insofar as actions, standards, requirements, or prohibitions under Title IV of the Act or the regulations promulgated thereunder are concerned; and
    8. 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" "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.

    567—24.101(455B) Applicability of Title V operating permit requirements.      24.101(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.    24.101(2)   Any nonmajor source required to obtain a Title V operating permit pursuant to 24.101(1) is required to obtain a Title V permit only for the emissions units and related equipment causing the source to be subject to the Title V program.    24.101(3)   Reserved.

    567—24.102(455B) Source category exemptions.      24.102(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).    24.102(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.    24.102(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).

    567—24.103(455B) Insignificant activities.  The following are insignificant activities for purposes of the Title V application if not needed to determine the applicability of or to impose any applicable requirement. Title V permit emissions fees are not required from insignificant activities pursuant to 567—paragraph 30.4(2)“f.”    24.103(1) Insignificant activities excluded from Title V operating permit application.  In accordance with 40 CFR §70.5, these activities need not be included in the Title V permit application:    a.    Mobile internal combustion and jet engines, marine vessels, and locomotives.    b.    Equipment, other than anaerobic lagoons, used for cultivating land, harvesting crops, or raising livestock. This exemption is not applicable if the equipment is used to remove substances from grain that were applied to the grain by another person. This exemption also is not applicable to equipment used by a person to manufacture commercial feed, as defined in Iowa Code section 198.3, when that feed is normally not fed to livestock:    (1)   Owned by that person or another person, and    (2)   Located in a feedlot, as defined in Iowa Code section 172D.1(6), or in a confinement building owned or operated by that person, and    (3)   Located in this state.    c.    Equipment or control equipment that eliminates all emissions to the atmosphere.    d.    Equipment (other than anaerobic lagoons) or control equipment that emits odors unless such equipment or control equipment also emits particulate matter or any other air pollutant or contaminant.    e.    Air conditioning or ventilating equipment not designed to remove air contaminants generated by or released from associated equipment.    f.    Residential wood heaters, cookstoves, or fireplaces.    g.    The equipment in laboratories used exclusively for nonproduction chemical and physical analyses. Nonproduction analyses means analyses incidental to the production of a good or service and includes analyses conducted for quality assurance or quality control activities, or for the assessment of environmental impact.    h.    Recreational fireplaces.    i.    Barbecue pits and cookers except at a meat packing plant or a prepared meat manufacturing facility.    j.    Stacks or vents to prevent escape of sewer gases through plumbing traps for systems handling domestic sewage only. Systems that include any industrial waste are not exempt.    k.    Retail gasoline- and diesel fuel-handling facilities.    l.    Photographic process equipment by which an image is reproduced upon material sensitized to radiant energy.    m.    Equipment used for hydraulic or hydrostatic testing.    n.    General vehicle maintenance and servicing activities at the source, other than gasoline fuel handling.    o.    Cafeterias, kitchens, and other facilities used for preparing food or beverages primarily for consumption at the source.    p.    Equipment using water, water and soap or detergent, or a suspension of abrasives in water for purposes of cleaning or finishing provided no organic solvent has been added to the water, the boiling point of the additive is not less than 100°C (212°F), and the water is not heated above 65.5°C (150°F).    q.    Administrative activities, including but not limited to paper shredding, copying, photographic activities, and blueprinting machines. This does not include incinerators.    r.    Laundry dryers, extractors, and tumblers processing clothing, bedding, and other fabric items used at the source that have been cleaned with water solutions of bleach or detergents provided that any organic solvent present in such items before processing that is retained from cleanup operations shall be addressed as part of the volatile organic compound emissions from use of cleaning materials.    s.    Housekeeping activities for cleaning purposes, including collecting spilled and accumulated materials at the source, but not including use of cleaning materials that contain organic solvent.    t.    Refrigeration systems, including storage tanks used in refrigeration systems, but excluding any combustion equipment associated with such systems.    u.    Activities associated with the construction, on-site repair, maintenance or dismantlement of buildings, utility lines, pipelines, wells, excavations, earthworks and other structures that do not constitute emission units.    v.    Storage tanks of organic liquids with a capacity of less than 500 gallons, provided the tank is not used for storage of any material listed as a hazardous air pollutant pursuant to Section 112(b) of the Act.    w.    Piping and storage systems for natural gas, propane, and liquified petroleum gas, excluding pipeline compressor stations and associated storage facilities.    x.    Water treatment or storage systems, as follows:    (1)   Systems for potable water or boiler feedwater.    (2)   Systems, including cooling towers, for process water provided that such water has not been in direct or indirect contact with process steams that contain volatile organic material or materials listed as hazardous air pollutants pursuant to Section 112(b) of the Act.    y.    Lawn care, landscape maintenance, and groundskeeping activities.    z.    Containers, reservoirs, or tanks used exclusively in dipping operations to coat objects with oils, waxes, or greases, provided no organic solvent has been mixed with such materials.    aa.    Cold cleaning degreasers that are not in-line cleaning machines, where the vapor pressure of the solvents used never exceeds 2 kPa (15 mmHg or 0.3 psi) measured at 38°C (100°F) or 0.7 kPa (5 mmHg or 0.1 psi) at 20°C (68°F). (Note: Cold cleaners subject to 40 CFR Part 63 Subpart T are not considered insignificant activities.)    bb.    Manually operated equipment used for buffing, polishing, carving, cutting, drilling, machining, routing, sanding, sawing, scarfing, surface grinding or turning.    cc.    Use of consumer products, including hazardous substances as that term is defined in the Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.), when the product is used at a source in the same manner as normal consumer use.    dd.    Activities directly used in the diagnosis and treatment of disease, injury or other medical condition.    ee.    Firefighting activities and training in preparation for fighting fires conducted at the source. (Note: Written notification pursuant to 567—paragraph 23.2(3)“g” is required at least ten working days before such action commences.)    ff.    Activities associated with the construction, repair, or maintenance of roads or other paved or open areas, including operation of street sweepers, vacuum trucks, spray trucks, and other vehicles related to the control of fugitive emissions of such roads or other areas.    gg.    Storage and handling of drums or other transportable containers when the containers are sealed during storage and handling.    hh.    Individual points of emission or activities as follows:    (1)   Individual flanges, valves, pump seals, pressure relief valves, and other individual components that have the potential for leaks.    (2)   Individual sampling points, analyzers, and process instrumentation, whose operation may result in emissions.    (3)   Individual features of an emission unit such as each burner and sootblower in a boiler or each use of cleaning materials on a coating or printing line.    ii.    Construction activities at a source solely associated with the modification or building of a facility, an emission unit, or other equipment at the source. (Note: Notwithstanding the status of this activity as insignificant, a particular activity that entails modification or construction of an emission unit or construction of air pollution control equipment may require a construction permit pursuant to 567—22.1(455B) and may subsequently require a revised Title V operating permit. A revised Title V operating permit may also be necessary for operation of an emission unit after completion of a particular activity if the existing Title V operating permit does not accommodate the new state of the emission unit.)    jj.    Activities at a source associated with the maintenance, repair, or dismantlement of an emission unit or other equipment installed at the source, including preparation for maintenance, repair, or dismantlement, and preparation for subsequent startup, including preparation of a shutdown vessel for entry, replacement of insulation, welding and cutting, and steam purging of a vessel prior to startup.    24.103(2) Insignificant activities that must be included in Title V operating permit applications.      a.    The following are insignificant activities based on potential emissions:An emission unit that has the potential to emit less than:5 tons per year of any regulated air pollutant, except:2.5 tons per year of PM10,0.52 tons per year of PM2.5 (does not apply to emission units for which initiation of construction, installation, reconstruction, or alteration (as defined in rule 567—22.1(455B)) occurred on or before October 23, 2013),2 lbs per year of lead or lead compounds (40 lbs per year for emission units for which initiation of construction, installation, reconstruction, or alteration (as defined in 567—22.1(455B)) occurred on or before October 23, 2013),2,500 lbs per year of any combination of hazardous air pollutants except high-risk pollutants,1,000 lbs per year of any individual hazardous air pollutant except high-risk pollutants,250 lbs per year of any combination of high-risk pollutants, or100 lbs per year of any individual high-risk pollutant.The definition of “high-risk pollutant” is found in 567—24.100(455B).    b.    The following are insignificant activities:    (1)   Fuel-burning equipment for indirect heating and reheating furnaces or indirect cooling units using natural or liquefied petroleum gas with a capacity of less than 10 million Btu per hour input per combustion unit.    (2)   Fuel-burning equipment for indirect heating or indirect cooling for which initiation of construction, installation, reconstruction, or alteration (as defined in 567—22.1(455B)) occurred on or before October 23, 2013, with a capacity of less than 1 million Btu per hour input per combustion unit when burning coal, untreated wood, or fuel oil.Fuel-burning equipment for indirect heating or indirect cooling for which initiation of construction, installation, reconstruction, or alteration (as defined in 567—22.1(455B)) occurred after October 23, 2013, with a capacity of less than 1 million Btu per hour input per combustion unit when burning untreated wood, untreated seeds or pellets, other untreated vegetative materials, or fuel oil provided that the equipment and the fuel meet the condition specified in 24.103(2)“b”(2). Used oils meeting the specification from 40 CFR §279.11 as amended through July 14, 2006, are acceptable fuels. When combusting used oils, the equipment must have a maximum rated capacity of 50,000 Btu or less per hour of heat input or a maximum throughput of 3,600 gallons or less of used oils per year. When combusting untreated wood, untreated seeds or pellets, or other untreated vegetative materials, the equipment must have a maximum rated capacity of 265,600 Btu or less per hour or a maximum throughput of 378,000 pounds or less per year of each fuel or any combination of fuels.    (3)   Incinerators with a rated refuse burning capacity of less than 25 pounds per hour for which initiation of construction, installation, reconstruction, or alteration (as defined in 567—22.1(455B)) occurred on or before October 23, 2013. Incinerators for which initiation of construction, installation, reconstruction, or alteration (as defined in 567—22.1(455B)) occurred after October 23, 2013, shall not qualify as an insignificant activity. After October 23, 2013, only paint clean-off ovens with a maximum rated capacity of less than 25 pounds per hour that do not combust lead-containing materials shall qualify as an insignificant activity.    (4)   Gasoline, diesel fuel, or oil storage tanks with a capacity of 1,000 gallons or less and an annual throughput of less than 40,000 gallons.    (5)   A storage tank which contains no volatile organic compounds above a vapor pressure of 0.75 pounds per square inch at the normal operating temperature of the tank when other emissions from the tank do not exceed the levels in 24.103(2)“a.”    (6)   Internal combustion engines that are used for emergency response purposes with a brake horsepower rating of less than 400 measured at the shaft. The manufacturer’s nameplate rating at full load shall be defined as the brake horsepower output at the shaft. Emergency engines that are subject to any of the following federal regulations are not considered to be insignificant activities for purposes of 567—24.103(455B):    1.   New source performance standards (NSPS) for stationary compression ignition internal combustion engines (40 CFR Part 60, Subpart IIII);    2.   New source performance standards (NSPS) for stationary spark ignition internal combustion engines (40 CFR Part 60, Subpart JJJJ); or    3.   National emission standards for hazardous air pollutants (NESHAP) for reciprocating internal combustion engines (40 CFR Part 63, Subpart ZZZZ).

    567—24.104(455B) Requirement to have a Title V permit.  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.    24.104(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.    24.104(2)   Sources making permit revisions pursuant to 567—24.110(455B) shall not be in violation of this rule.

    567—24.105(455B) Title V permit applications.      24.105(1) Duty to apply.  For each source required to obtain a Title V operating permit, the owner or operator or designated representative, where applicable, shall submit a complete and timely application in the electronic format specified by the department, if electronic submittal is provided. An owner or operator of a source required to obtain a Title V permit pursuant to 24.101(1) shall submit all required fees as required in 567—Chapter 30.    a.    Timely application.Each owner or operator applying for a Title V permit shall submit an application as follows:    (1)   Reserved.    (2)   Initial application for a new source. The owner or operator of a stationary source that commenced construction or reconstruction after April 20, 1994, or that otherwise became subject to the requirement to obtain a Title V permit after April 20, 1994, shall submit an application to the department within 12 months of becoming subject to the Title V permit requirements.    (3)   Application related to 112(g), PSD, or nonattainment. The owner or operator of a stationary source that is subject to Section 112(g) of the Act, that is subject to 567—24.4(455B) or 567—33.3(455B) (prevention of significant deterioration (PSD)), or that is subject to 567—24.5(455B) or 567—31.3(455B) (nonattainment area permitting) shall submit an application to the department within 12 months of commencing operation. In cases in which an existing Title V permit would prohibit such construction or change in operation, the owner or operator must obtain a Title V permit revision before commencing operation.    (4)   Renewal application. The owner or operator of a stationary source with a Title V permit shall submit an application to the department for a permit renewal at least 6 months prior to, but not more than 18 months prior to, the date of permit expiration.    (5)   Changes allowed without a permit revision (off-permit revision). The owner or operator of a stationary source with a Title V permit who is proposing a change that is allowed without a Title V permit revision (an off-permit revision) as specified in 567—24.110(455B) shall submit to the department a written notification as specified in 567—24.110(455B) at least 30 days prior to the proposed change.    (6)   Application for an administrative permit amendment. Prior to implementing a change that satisfies the requirements for an administrative permit amendment as set forth in 567—24.111(455B), the owner or operator shall submit to the department an application for an administrative amendment as specified in 567—24.111(455B).    (7)   Application for a minor permit modification. Prior to implementing a change that satisfies the requirements for a minor permit modification as set forth in 567—24.112(455B), the owner or operator shall submit to the department an application for a minor permit modification as specified in 567—24.112(455B).    (8)   Application for a significant permit modification. The owner or operator of a source that satisfies the requirements for a significant permit modification as set forth in 567—24.113(455B) shall submit to the department an application for a significant permit modification as specified in 567—24.113(455B) within three months after the commencing operation of the changed source. However, if the existing Title V permit would prohibit such construction or change in operation, the owner or operator shall not commence operation of the changed source until the department issues a revised Title V permit that allows the change.    b.    Complete application.To be deemed complete, an application must provide all information required pursuant to 24.105(2), except that applications for permit revision need supply such information only if it is related to the proposed change.    24.105(2) Standard application form and required information.  To apply for a Title V permit, the standard application form shall be submitted in the electronic format specified by the department, if electronic submittal is provided.The information submitted must be sufficient to evaluate the source and its application and to determine all applicable requirements and to evaluate the fee amount required by 567—30.4(455B). If a source is not a major source and is applying for a Title V operating permit solely because of a requirement imposed by 24.101(1)“c” and 24.101(1)“d,” then the information provided in the operating permit application may cover only the emissions units that trigger Title V applicability. The applicant shall submit the information called for by the application form for each emissions unit to be permitted, except for activities that are insignificant according to the provisions of 567—24.103(455B). The applicant shall provide a list of all insignificant activities and specify the basis for the determination of insignificance for each activity.Unless otherwise specified in 24.128(4), nationally standardized forms shall be used for the acid rain portions of permit applications and compliance plans, as required by regulations promulgated under Title IV of the Act. The standard application form and any attachments shall require that the following information be provided:    a.    Identifying information, including company name and address (or plant or source name if different from the company name), owner’s name and agent, and telephone number and names of plant site manager/contact.    b.    A description of the source’s processes and products (by two-digit Standard Industrial Classification Code), including any associated with each alternate scenario identified by the applicant.    c.    The following emissions-related information shall be submitted to the department:     (1)   The following information to the extent it is needed to determine or regulate emissions: fuels, fuel use, raw materials, production rates, and operating schedules.    (2)   Identification and description of air pollution control equipment.    (3)   Identification and description of compliance monitoring devices or activities.    (4)   Limitations on source operations affecting emissions or any work practice standards, where applicable, for all regulated pollutants.    (5)   Other information required by any applicable requirement (including information related to stack height limitations developed pursuant to Section 123 of the Act).    (6)   Calculations on which the information in 24.105(2)“c”(1) to (5) above is based.    (7)   Fugitive emissions from a source shall be included in the permit application 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.    d.    The following air pollution control requirements:    (1)   Citation and description of all applicable requirements, and    (2)   Description of or reference to any applicable test method for determining compliance with each applicable requirement.    e.    Other specific information that may be necessary to implement and enforce other applicable requirements of the Act or of these rules or to determine the applicability of such requirements.    f.    An explanation of any proposed exemptions from otherwise applicable requirements.    g.    Additional information as determined to be necessary by the director to define alternative operating scenarios identified by the source pursuant to 24.108(12) or to define permit terms and conditions relating to operational flexibility and emissions trading pursuant to 24.108(11) and 567—24.112(455B).    h.    A compliance plan that contains the following:    (1)   A description of the compliance status of the source with respect to all applicable requirements.    (2)   The following statements regarding compliance status: For applicable requirements with which the stationary source is in compliance, a statement that the stationary source will continue to comply with such requirements. For applicable requirements that will become effective during the permit term, a statement that the stationary source will meet such requirements on a timely basis. For requirements for which the stationary source is not in compliance at the time of permit issuance, a narrative description of how the stationary source will achieve compliance with such requirements.    (3)   A compliance schedule that contains the following:    1.   For applicable requirements with which the stationary source is in compliance, a statement that the stationary source will continue to comply with such requirements. For applicable requirements that will become effective during the permit term, a statement that the stationary source will meet such requirements on a timely basis. A statement that the stationary source will meet in a timely manner applicable requirements that become effective during the permit term shall satisfy this provision, unless a more detailed schedule is expressly required by the applicable requirement.    2.   A compliance schedule for sources that are not in compliance with all applicable requirements at the time of permit issuance. Such a schedule shall include a schedule of remedial measures, including an enforceable sequence of actions with milestones, leading to compliance with any applicable requirements for which the stationary source will be in noncompliance at the time of permit issuance.    3.   This compliance schedule shall resemble and be at least as stringent as any compliance schedule contained in any judicial consent decree or administrative order to which the source is subject. Any compliance schedule shall be supplemental to, and shall not sanction noncompliance with, the applicable requirements on which it is based.    (4)   A schedule for submission of certified progress reports no less frequently than every six months for sources required to have a compliance schedule in the permit.    i.    Requirements for compliance certification, including the following:    (1)   A certification of compliance for the prior year with all applicable requirements certified by a responsible official consistent with 24.107(4) and Section 114(a)(3) of the Act.    (2)   A statement of methods used for determining compliance, including a description of monitoring, recordkeeping, and reporting requirements and test methods.    (3)   A schedule for submission of compliance certifications for each compliance period (one year unless required for a shorter time period by an applicable requirement) during the permit term, which shall be submitted annually, or more frequently if required by an underlying applicable requirement or by the director.    (4)   A statement indicating the source’s compliance status with any applicable enhanced monitoring and compliance certification requirements of the Act.    (5)   Notwithstanding any other provisions of these rules, for the purposes of submission of compliance certifications, an owner or operator is not prohibited from using monitoring as required by 24.108(3), 24.108(4), or 24.108(5) and incorporated into a Title V operating permit in addition to any specified compliance methods.    j.    The compliance plan content requirements specified in these rules shall apply and be included in the acid rain portion of a compliance plan for a Title IV affected source, except as specifically superseded by regulations promulgated under Title IV of the Act, with regard to the schedule and method(s) the source shall use to achieve compliance with the acid rain emissions limitations.    24.105(3) Hazardous air pollutant early reduction application.  Anyone requesting a compliance extension from a standard issued under Section 112(d) of the Act must submit with the Title V permit application information that complies with the requirements established in 567—paragraph 23.1(4)“d.”    24.105(4) Acid rain application content.  The acid rain application content shall be as prescribed in the acid rain rules found in 567—24.128(455B) and 567—24.129(455B).    24.105(5) More than one Title V operating permit for a stationary source.  Following application made pursuant to 24.105(1), the department may, at its discretion, issue more than one Title V operating permit for a stationary source, provided that the owner or operator does not have, and does not propose to have, a sourcewide emission limit or a sourcewide alternative operating scenario.

    567—24.106(455B) Annual Title V emissions inventory.      24.106(1) Emissions fee.  Fees shall be paid as set forth in 567—Chapter 30.    24.106(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.    24.106(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.

    567—24.107(455B) Title V permit processing procedures.      24.107(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.    b.    Time for action on application.The permitting authority shall take final action on each complete permit application (including a request for permit modification or renewal) within 18 months of receiving a complete application, except in the following instances:    (1)   When otherwise provided under Title V or Title IV of the Act for the permitting of affected sources under the acid rain program.    (2)   In the case of initial permit applications, the permitting authority may take up to three years from the effective date of the program to take final action on an application.    (3)   Any complete permit applications containing an early reduction demonstration under Section 112(i)(5) of the Act shall be acted upon within nine months of receipt of the complete application.    c.    Prioritization of applications.The director shall give priority to action on Title V applications involving construction or modification for which a construction permit pursuant to 567—subrule 22.1(1) or Title I of the Act, Parts C and D, is also required. The director also shall give priority to action on Title V applications involving early reduction of hazardous air pollutants pursuant to 567—paragraph 23.1(4)“d.”    d.    Completeness of applications.The department shall promptly provide notice to the applicant of whether the application is complete. Unless the permitting authority requests additional information or otherwise notifies the applicant of incompleteness within 60 days of receipt of an application, the application shall be deemed complete. If, while processing an application that has been determined to be complete, the permitting authority determines that additional information is necessary to evaluate or take final action on that application, the permitting authority may request in writing such information and set a reasonable deadline for a response. The source’s ability to operate without a permit, as set forth in 567—24.104(455B), shall be in effect from the date the application is determined to be complete until the final permit is issued, provided that the applicant submits any requested additional information by the deadline specified by the permitting authority. For modifications processed through minor permit modification procedures, a completeness determination shall not be required.    e.    Decision to deny a permit application.The director shall decide to issue or deny the permit. The director shall notify the applicant as soon as practicable that the application has been denied. Upon denial of the permit, the provisions of 24.107(1)“d” shall no longer be applicable. The new application shall be regarded as an entirely separate application containing all the required information and shall not depend on references to any documents contained in the previous denied application.    f.    Fact sheet.A draft permit and fact sheet shall be prepared by the permitting authority. The fact sheet shall include the rationale for issuance or denial of the permit; a brief description of the type of facility; a summary of the type and quantity of air pollutants being emitted; a brief summary of the legal and factual basis for the draft permit conditions, including references to applicable statutes and rules; a description of the procedures for reaching final decision on the draft permit, including the comment period, the address where comments will be received, and procedures for requesting a hearing and the nature of the hearing; and the name and telephone number for a person to contact for additional information. The permitting authority shall provide the fact sheet to the EPA and to any other person who requests it.    g.    Relation to construction permits.The submittal of a complete application shall not affect the requirement that any source have a construction permit under Title I of the Act and 567—subrule 22.1(1).    24.107(2) Confidential information.  If a source has submitted information with an application under a claim of confidentiality to the department, the source shall also submit a copy of such information directly to the Administrator. Requests for confidentiality must comply with 561—Chapter 2.    24.107(3) Duty to supplement or correct application.  Any applicant who fails to submit any relevant facts or who has submitted incorrect information in a permit application shall, upon becoming aware of such failure or incorrect submittal, promptly submit such supplementary facts or corrected information. In addition, an applicant shall provide additional information as necessary to address any requirements that become applicable to the source after the date the source filed a complete application but prior to release of a draft permit. Applicants who have filed a complete application shall have 60 days following notification by the department to file any amendments. Any MACT determinations in permit applications will be evaluated based on the standards, limitations, or levels of technology existing on the date the initial application is deemed complete.    24.107(4) Certification of truth, accuracy, and completeness.  Any application form, report, or compliance certification submitted pursuant to these rules shall contain certification by a responsible official of truth, accuracy, and completeness. This certification and any other certification required under these rules shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.    24.107(5) Early reduction application evaluation.  Hazardous air pollutant early reduction application evaluation review shall follow the procedures established in 567—paragraph 23.1(4)“d.”    24.107(6) Public notice and public participation.      a.    The permitting authority shall provide public notice and an opportunity for public comments, including an opportunity for a hearing, before taking any of the following actions: issuance, denial, or renewal of a permit; or significant modification, revocation, or reissuance of a permit.    b.    Notice shall be given by posting of the notice, including the draft permit, for the duration of the public comment period on a public website identified by the permitting authority and designed to give general public notice. Notice also shall be given to persons on a mailing list developed by the permitting authority, including those who request in writing to be on the list. The department may use other means if necessary to ensure adequate notice to the affected public.    c.    The public notice shall include the following:    (1)   Identification of the Title V source.    (2)   Name and address of the permittee.    (3)   Name and address of the permitting authority processing the permit.    (4)   The activity or activities involved in the permit action.    (5)   The emissions change involved in any permit modification.    (6)   The air pollutants or contaminants to be emitted.    (7)   The time and place of any possible public hearing.    (8)   A statement that any person may submit written and signed comments, or may request a public hearing, or both, on the proposed permit. A statement of procedures to request a public hearing shall be included.    (9)   The name, address, and telephone number of a person from whom additional information may be obtained. Information entitled to confidential treatment pursuant to Section 114(c) of the Act or state law shall not be released pursuant to this provision. However, the contents of a Title V permit shall not be entitled to protection under Section 114(c) of the Act.    (10)   Locations where copies of the permit application and the proposed permit may be reviewed and the times at which they shall be available for public inspection.    d.    At least 30 days shall be provided for public comment. Notice of any public hearing shall be given at least 30 days in advance of the hearing.    e.    Any person may request a public hearing. A request for a public hearing shall be in writing and shall state the person’s interest in the subject matter and the nature of the issues proposed to be raised at the hearing. The director shall hold a public hearing upon finding, on the basis of requests, a significant degree of relevant public interest in a draft permit. A public hearing also may be held at the director’s discretion.    f.    The director shall keep a record of the commenters and of the issues raised during the public participation process and shall prepare written responses to all comments received. At the time a final decision is made, the record and copies of the director’s responses shall be made available to the public.    g.    The permitting authority shall provide notice and opportunity for participation by affected states as provided by 24.107(7).    24.107(7) Permit review by the EPA and affected states.      a.    Transmission of information to the Administrator.Except as provided in 24.107(2) or waived by the Administrator, the director shall make available to the Administrator each permit application or modification application, including any attachments and compliance plans; each proposed permit; and each final permit. For purposes of this subrule, the application information may be provided in a computer-readable format compatible with the Administrator’s national database management system.    b.    Review by affected states.The director shall provide notice of each draft permit to any affected state on or before the time that public notice is provided to the public pursuant to 24.107(6), except to the extent that 24.112(3) requires the timing of the notice to be different. If the director refuses to accept a recommendation of any affected state, submitted during the public or affected state review period, then the director shall notify the Administrator and the affected state in writing. The notification shall include the director’s reasons for not accepting the recommendation(s). The director shall not be required to accept recommendations that are not based on applicable requirements.    c.    EPA objection.No permit for which an application must be transmitted to the Administrator shall be issued if the Administrator objects in writing to its issuance as not in compliance with the applicable requirements within 45 days after receiving a copy of the proposed permit and necessary supporting information under 24.107(7)“a.” Within 90 days after the date of an EPA objection made pursuant to this rule, the director shall submit a response to the objection, if the objection has not been resolved.    24.107(8) Public petitions to the Administrator regarding Title V permits.      a.    If the Administrator does not object to a proposed permit, any person may petition the Administrator within 60 days after the expiration of the Administrator’s 45-day review period to make an objection pursuant to 40 CFR §70.8(d).    b.    Any person who petitions the Administrator pursuant to the provisions of 40 CFR §70.8(d) shall notify the department by certified mail of such petition immediately, and in no case more than ten days following the date the petition is submitted to the EPA. Such notice shall include a copy of the petition submitted to the EPA and a separate written statement detailing the grounds for the objection(s) and whether the objection(s) was raised during the public comment period. A petition for review shall not stay the effectiveness of a permit or its requirements if the permit was issued after the end of the 45-day EPA review period and prior to the Administrator’s objection.    c.    If the Administrator objects to the permit as a result of a petition filed pursuant to 40 CFR §70.8(d), then the director shall not issue a permit until the Administrator’s objection has been resolved. However, if the director has issued a permit prior to receipt of the Administrator’s objection, and the Administrator modifies, terminates, or revokes such permit, consistent with the procedures in 40 CFR §70.7, then the director may thereafter issue only a revised permit that satisfies the Administrator’s objection. In any case, the source shall not be in violation of the requirement to have submitted a timely and complete application.    24.107(9) Application denial.  A Title V permit application may be denied if:    a.    The director finds that a source is not in compliance with any applicable requirement; or    b.    An applicant knowingly submits false information in a permit application.    24.107(10) Retention of permit records.  The director shall keep all records associated with each permit for a minimum of five years.

    567—24.108(455B) Permit content.  Each Title V permit shall include the following elements:    24.108(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.    24.108(2)   Permit duration. The permit shall specify a fixed term not to exceed five years except:    a.    Permits issued to Title IV affected sources shall have a fixed term of five years.    b.    Permits issued to solid waste incineration units combusting municipal waste subject to standards under Section 129(e) of the Act shall have a term not to exceed 12 years. Such permits shall be reviewed every five years.    24.108(3)   Monitoring. Each permit shall contain the following requirements with respect to monitoring:    a.    All emissions monitoring and analysis procedures or test methods required under the applicable requirements, including any procedures and methods promulgated pursuant to Section 114(a)(3) or 504(b) of the Act;    b.    Where the applicable requirement does not require periodic testing or instrumental or noninstrumental monitoring (which may consist of recordkeeping designed to serve as monitoring), periodic monitoring sufficient to yield reliable data from the relevant time period that are representative of the source’s compliance with the permit, as reported pursuant to 24.108(5). Such monitoring shall be determined by application of the “Periodic Monitoring Guidance” (as amended through October 24, 2012) available from the department;    c.    As necessary, requirements concerning the use, maintenance, and, where appropriate, installation of monitoring equipment or methods; and    d.    As required, Compliance Assurance Monitoring (CAM) consistent with 40 CFR Part 64 (as amended through October 22, 1997).    24.108(4)   Recordkeeping. With respect to recordkeeping, the permit shall incorporate all applicable recordkeeping requirements and require, where applicable, the following:    a.    Records of required monitoring information that include the following:    (1)   The date, place as defined in the permit, and time of sampling or measurements;    (2)   The date(s) the analyses were performed;    (3)   The company or entity that performed the analyses;    (4)   The analytical techniques or methods used;    (5)   The results of such analyses; and    (6)   The operating conditions as existing at the time of sampling or measurement; and    b.    Retention of records of all required monitoring data and support information for a period of at least five years from the date of the monitoring sample, measurement, report, or application. Support information includes all calibration and maintenance records and all original strip-chart and other recordings for continuous monitoring instrumentation, and copies of all reports required by the permit.    24.108(5)   Reporting. With respect to reporting, the permit shall incorporate all applicable reporting requirements and shall require the following:    a.    Submittal of reports of any required monitoring at least every six months. All instances of deviations from permit requirements must be clearly identified in such reports. All required reports must be certified by a responsible official consistent with 24.107(4).    b.    Prompt reporting of deviations from permit requirements, including those attributable to upset conditions as defined in the permit, the probable cause of such deviations, and any corrective actions or preventive measures taken. The director shall define “prompt” in relation to the degree and type of deviation likely to occur and the applicable requirements.    24.108(6)   Risk management plan. Pursuant to Section 112(r)(7)(E) of the Act, if the source is required to develop and register a risk management plan pursuant to Section 112(r) of the Act, the permit shall state the requirement for submission of the plan to the air quality bureau of the department. The permit shall also require filing the plan with appropriate authorities and an annual certification to the department that the plan is being properly implemented.    24.108(7)   A permit condition prohibiting emissions exceeding any allowances that the affected source lawfully holds under Title IV of the Act or the regulations promulgated thereunder.    a.    No permit revision shall be required for increases in emissions that are authorized by allowances acquired pursuant to the acid rain program, provided that such increases do not require a permit revision under any other applicable requirement.    b.    No limit shall be placed on the number of allowances held by the Title IV affected source. The Title IV-affected source may not, however, use allowances as a defense to noncompliance with any other applicable requirement.    c.    Any such allowances shall be accounted for according to the procedures established in regulations promulgated under Title IV of the Act.    d.    Any permit issued pursuant to the requirements of these rules and Title V of the Act to a unit subject to the provisions of Title IV of the Act shall include conditions prohibiting all of the following:    (1)   Annual emissions of sulfur dioxide in excess of the number of allowances to emit sulfur dioxide held by the owners or operators of the unit or the designated representative of the owners or operators.    (2)   Exceedances of applicable emission rates.    (3)   The use of any allowance prior to the year for which it was allocated.    (4)   Contravention of any other provision of the permit.    24.108(8)   Severability clause. The permit shall contain a severability clause to ensure the continued validity of the various permit requirements in the event of a challenge to any portions of the permit.    24.108(9)   Other provisions. The Title V permit shall contain provisions stating the following:    a.    The permittee must comply with all conditions of the Title V permit. Any permit noncompliance constitutes a violation of the Act and is grounds for enforcement action; for a permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application.    b.    Need to halt or reduce activity not a defense. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit.    c.    The permit may be modified; revoked, reopened, and reissued; or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or of a notification of planned changes or anticipated noncompliance, does not stay any permit condition.    d.    The permit does not convey any property rights of any sort, or any exclusive privilege.    e.    The permittee shall furnish to the director, within a reasonable time, any information that the director may request in writing to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit or to determine compliance with the permit. Upon request, the permittee also shall furnish to the director copies of records required to be kept by the permit or, for information claimed to be confidential, the permittee shall furnish such records directly to the Administrator of the EPA along with a claim of confidentiality.    24.108(10)   Fees. The permit shall include a provision to ensure that the Title V permittee pays fees to the director pursuant to 567—30.4(455B).    24.108(11)   Emissions trading. A provision of the permit shall state that no permit revision shall be required, under any approved economic incentives, marketable permits, emissions trading and other similar programs or processes for changes that are provided for in the permit.    24.108(12)   Terms and conditions for reasonably anticipated operating scenarios identified by the source in its application and as approved by the director. Such terms and conditions:    a.    Shall require the source, contemporaneously with making a change from one operating scenario to another, to record in a log at the permitted facility a record of the scenario under which it is operating; and    b.    Must ensure that the terms and conditions of each such alternative scenario meet all applicable requirements and the requirements of the department’s rules.    24.108(13)   Terms and conditions, if the permit applicant requests them, for the trading of emissions increases and decreases in the permitted facility, to the extent that the applicable requirements provide for trading such increases and decreases without a case-by-case approval of each emissions trade. Such terms and conditions:    a.    Shall include all terms required under 24.108(1) to 24.108(13) and 24.108(15) to determine compliance;    b.    Must meet all applicable requirements of the Act and regulations promulgated thereunder and all requirements of this chapter; and    c.    May extend the permit shield described in 24.108(18) to all terms and conditions that allow such increases and decreases in emissions.    24.108(14)   Federally enforceable requirements.    a.    All terms and conditions in a Title V permit, including any provisions designed to limit a source’s potential to emit, are enforceable by the Administrator and citizens under the Act.    b.    Notwithstanding paragraph 24.108(14)“a,” the director shall specifically designate as not being federally enforceable under the Act any terms and conditions included in the permit that are not required under the Act or under any of its applicable requirements. Terms and conditions so designated are not subject to the requirements of 40 CFR §70.7 or §70.8.    24.108(15)   Compliance requirements. All Title V permits shall contain the following elements with respect to compliance:    a.    Consistent with the provisions of 24.108(3) to 24.108(5), compliance certification, testing, monitoring, reporting, and recordkeeping requirements sufficient to ensure compliance with the terms and conditions of the permit. Any documents, including reports, required by a permit shall contain a certification by a responsible official that meets the requirements of 24.107(4).    b.    Inspection and entry provisions which require that, upon presentation of proper credentials, the permittee shall allow the director or the director’s authorized representative to:    (1)   Enter upon the permittee’s premises where a Title V source is located or emissions-related activity is conducted, or where records must be kept under the conditions of the permit;    (2)   Have access to and copy, at reasonable times, any records that must be kept under the conditions of the permit;    (3)   Inspect, at reasonable times, any facilities, equipment (including monitoring and air pollution control equipment), practices, or operations regulated or required under the permit; and    (4)   Sample or monitor, at reasonable times, substances or parameters for the purpose of ensuring compliance with the permit or other applicable requirements.    c.    A schedule of compliance consistent with 24.105(2)“h,” 24.105(2)“j,” and 24.105(3).    d.    Progress reports, consistent with an applicable schedule of compliance and with the provisions of 24.105(2)“h” and 24.105(2)“j,” to be submitted at least every six months, or more frequently if specified in the applicable requirement or by the department in the permit. Such progress reports shall contain the following:    (1)   Dates for achieving the activities, milestones, or compliance required in the schedule of compliance, and dates when such activities, milestones, or compliance were achieved; and    (2)   An explanation of why any dates in the schedule of compliance were not or will not be met, and any preventive or corrective measures adopted.    e.    Requirements for compliance certification with terms and conditions contained in the permit, including emission limitations, standards, or work practices. Permits shall include each of the following:    (1)   The frequency of submissions of compliance certifications, which shall not be less than annually.    (2)   The means to monitor the compliance of the source with its emissions limitations, standards, and work practices, in accordance with the provisions of all applicable department rules.    (3)   A requirement that the compliance certification include: the identification of each term or condition of the permit that is the basis of the certification; the compliance status; whether compliance was continuous or intermittent; the method(s) used for determining the compliance status of the source, currently and over the reporting period consistent with all applicable department rules; and other facts as the director may require to determine the compliance status of the source.    (4)   A requirement that all compliance certifications be submitted to the Administrator and the director.    f.    Such additional provisions as the director may require.    g.    Such additional provisions as may be specified pursuant to Sections 114(a)(3) and 504(b) of the Act.    h.    If there is a federal implementation plan applicable to the source, a provision that compliance with the federal implementation plan is required.    24.108(16)   Emergency provisions.    a.    For the purposes of a Title V permit, an “emergency” means any situation arising from sudden and reasonably unforeseeable events beyond the control of the source, including acts of God, which situation requires immediate corrective action to restore normal operation, and that causes the source to exceed a technology-based emission limitation under the permit, due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include noncompliance to the extent caused by improperly designed equipment, lack of preventive maintenance, careless or improper operation, or operator error.    b.    An emergency constitutes an affirmative defense to an action brought for noncompliance with such technology-based emission limitations if the conditions of 24.108(16)“c” are met.    c.    Requirements for affirmative defense. The affirmative defense of emergency shall be demonstrated by the source through properly signed, contemporaneous operating logs, or other relevant evidence that:    (1)   An emergency occurred and that the permittee can identify the cause(s) of the emergency;    (2)   The permitted facility was at the time being properly operated;    (3)   During the period of the emergency the permittee took all reasonable steps to minimize levels of emissions that exceeded the emissions standards or other requirements of the permit; and    (4)   The permittee submitted notice of the emergency to the director by certified mail within two working days of the time when emission limitations were exceeded due to the emergency. This notice fulfills the requirement of 24.108(5)“b.” This notice must contain a description of the emergency, any steps taken to mitigate emissions, and corrective actions taken.    d.    In any enforcement proceeding, the permittee seeking to establish the occurrence of an emergency has the burden of proof.    e.    This provision is in addition to any emergency or upset provision contained in any applicable requirement.    24.108(17)   Permit reopenings.    a.    A Title V permit issued to a major source shall require that revisions be made to incorporate applicable standards and regulations adopted by the Administrator pursuant to the Act, provided that:    (1)   The reopening and revision on this ground is not required if the permit has a remaining term of less than three years;    (2)   The reopening and revision on this ground is not required if the effective date of the requirement is later than the date on which the permit is due to expire, unless the original permit or any of its terms and conditions have been extended pursuant to 40 CFR §70.4(b)(10)(i) or (ii) as amended through October 6, 2009; or    (3)   The additional applicable requirements are implemented in a general permit that is applicable to the source and the source receives approval for coverage under that general permit.    b.    The revisions shall be made as expeditiously as practicable, but not later than 18 months after the promulgation of such standards and regulations. Any permit revision required pursuant to this subrule shall be treated as a permit renewal.    24.108(18)   Permit shield. The provisions for a permit shield as set forth in 40 CFR §70.6(f) are adopted by reference.    24.108(19)   Emission trades. For emission trades at facilities solely for the purpose of complying with a federally enforceable emissions cap that is established in the permit independent of otherwise applicable requirements, permit applications under this provision are required to include proposed replicable procedures and proposed permit terms that ensure the emission trades are quantifiable and enforceable.

    567—24.109(455B) General permits.  The provisions for general permits as set forth in 40 CFR §70.6(d) are adopted by reference.

    567—24.110(455B) Changes allowed without a Title V permit revision (off-permit revisions).      24.110(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.    24.110(2)   Such changes do not include changes that would violate applicable requirements or contravene federally enforceable permit terms and conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements.    24.110(3)   Notwithstanding any other part of this rule, the director may, upon review of a notice, require a stationary source to apply for a Title V permit if the change does not meet the requirements of 24.110(1).    24.110(4)   The permit shield provided in 24.108(18) shall not apply to any change made pursuant to this rule. Compliance with the permit requirements that the source will meet using the emissions trade shall be determined according to requirements of the state implementation plan authorizing the emissions trade.

    567—24.111(455B) Administrative amendments to Title V permits.      24.111(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.    24.111(2)   Administrative permit amendments to portions of permits containing provisions pursuant to Title IV of the Act shall be governed by regulations promulgated by the Administrator under Title IV of the Act.    24.111(3)   The director shall take no more than 60 days from receipt of a request for an administrative permit amendment to take final action on such request, and may incorporate such changes without providing notice to the public or affected states provided that the director designates any such permit revisions as having been made pursuant to this rule.    24.111(4)   The director shall submit to the Administrator a copy of each Title V permit revised under this rule.    24.111(5)   The source may implement the changes addressed in the request for an administrative amendment immediately upon submittal of the request.

    567—24.112(455B) Minor Title V permit modifications.      24.112(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).    24.112(2)   An application for minor permit revision shall be on the minor Title V modification application form and shall include at least the following:    a.    A description of the change, the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs;    b.    The source’s suggested draft permit;    c.    Certification by a responsible official, pursuant to 24.107(4), that the proposed modification meets the criteria for use of minor permit modification procedures and a request that such procedures be used; and    d.    Completed forms to enable the department to notify the Administrator and affected states as required by 24.107(7).    24.112(3)   The department shall notify the Administrator and affected states within five working days of receipt of a complete permit modification application. Notification shall be in accordance with the provisions of 24.107(7). The department shall promptly send to the Administrator any notification required by 24.107(7).    24.112(4)   The director shall not issue a final Title V permit modification until after the Administrator’s 45-day review period or until the Administrator has notified the director that the Administrator will not object to issuance of the Title V permit modification, whichever is first. Within 90 days of the director’s receipt of an application under the minor permit modification procedures, or 15 days after the end of the Administrator’s 45-day review period provided for in 24.107(7), whichever is later, the director shall:    a.    Issue the permit modification as proposed;    b.    Deny the permit modification application;    c.    Determine that the requested permit modification does not meet the minor permit modification criteria and should be reviewed under the significant modification procedures; or    d.    Revise the draft permit modification and transmit to the Administrator the proposed permit modification, as required by 24.107(7).    24.112(5)   Source’s ability to make change. The source may make the change proposed in its minor permit modification application immediately after it files the application. After the source makes the change allowed by the preceding sentence, and until the director takes any of the actions specified in 24.112(4)“a” to 24.112(4)“c,” the source must comply with both the applicable requirements governing the change and the proposed permit terms and conditions. During this time, the source need not comply with the existing permit terms and conditions it seeks to modify. However, if the source fails to comply with its proposed permit terms and conditions during this time period, the existing permit terms and conditions it seeks to modify may be enforced against it.    24.112(6)   Permit shield. The permit shield under 24.108(18) shall not extend to minor Title V permit revisions.

    567—24.113(455B) Significant Title V permit modifications.      24.113(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.    24.113(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.    24.113(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.    24.113(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.

    567—24.114(455B) Title V permit reopenings.  The provisions for Title V permit reopenings set forth in 40 CFR §70.7(f) are adopted by reference.

    567—24.115(455B) Suspension, termination, and revocation of Title V permits.      24.115(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.    24.115(2)   If the director suspends, terminates, or revokes a Title V permit under this rule, the notice of such action shall be served on the applicant or permittee by certified mail, return receipt requested. The notice shall include a statement detailing the grounds for the action sought, and the proceeding shall in all other respects comply with the requirements of 561—7.16(17A,455A).

    567—24.116(455B) Title V permit renewals.      24.116(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.    24.116(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).

    567—24.117()    Reserved.

    567—24.118()    Reserved.

    567—24.119()    Reserved.

    567—24.120(455B) Acid rain program—definitions.  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.

    567—24.121()    Reserved.

    567—24.122(455B) Applicability.  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).

    567—24.123(455B) Acid rain exemptions.      24.123(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.    24.123(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.    24.123(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.

    567—24.124()   Reserved.

    567—24.125(455B) Standard requirements.      24.125(1) Permit requirements.  Permit requirements as set forth in 40 CFR §72.9(a) are adopted by reference.    24.125(2) Monitoring requirements.  Monitoring requirements as set forth in 40 CFR §72.9(b) are adopted by reference.    24.125(3) Sulfur dioxide requirements.  Sulfur dioxide requirements as set forth in 40 CFR §72.9(c) are adopted by reference.     24.125(4) Nitrogen oxides requirements.  Nitrogen oxides requirements as set forth in 40 CFR §72.9(d) are adopted by reference.    24.125(5) Excess emissions requirements.  Excess emissions requirements as set forth in 40 CFR §72.9(e) are adopted by reference.    24.125(6) Recordkeeping and reporting requirements.  Recordkeeping and reporting requirements as set forth in 40 CFR §72.9(f) are adopted by reference.    24.125(7) Liability.  Liability provisions as set forth in 40 CFR §72.9(g) are adopted by reference.    24.125(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.

    567—24.126(455B) Designated representative—submissions.  The provisions for submission by designated representatives as set forth in 40 CFR 72, Subpart B, are adopted by reference.

    567—24.127(455B) Designated representative—objections.  The provisions for disputes regarding a designated representative as set forth in 40 CFR §72.25 are adopted by reference.

    567—24.128(455B) Acid rain applications—requirement to apply.  The requirement to apply for an acid rain permit as set forth in 40 CFR §72.30 is adopted by reference.    24.128(1) Duty to reapply.  The duty to reapply, as set forth in 40 CFR §72.30(c), is adopted by reference.    24.128(2) Submission of copies.  The designated representative shall submit the application in the electronic format specified by the department, if electronic submittal is provided.

    567—24.129(455B) Information requirements for acid rain permit applications.  A complete acid rain permit application shall be submitted on a form approved by the department and include the following elements:    24.129(1)   Identification of the affected source for which the permit application is submitted;    24.129(2)   Identification of each affected unit at the source for which the permit application is submitted;    24.129(3)   A complete compliance plan for each unit, in accordance with 567—24.131(455B);    24.129(4)   The standard requirements under 567—24.125(455B); and    24.129(5)   If the unit is a new unit, the date that the unit has commenced or will commence operation and the deadline for monitor certification.

    567—24.130(455B) Acid rain permit application shield and binding effect of permit application.  The provisions for an acid rain permit application shield and the binding effect of a permit application as set forth in 40 CFR §72.32 are adopted by reference.

    567—24.131(455B) Acid rain compliance plan and compliance options—general.  The general provisions for an acid rain compliance plan and compliance options as set forth in 40 CFR §72.40 are adopted by reference.

    567—24.132()    Reserved.

    567—24.133(455B) Acid rain permit contents—general.  The general provisions for acid rain permit contents as set forth in 40 CFR §72.50 are adopted by reference.

    567—24.134(455B) Acid rain permit shield.  The general provisions for an acid rain permit shield as set forth in 40 CFR §72.51 are adopted by reference.

    567—24.135(455B) Acid rain permit issuance procedures—general.  The department will issue or deny all acid rain permits in accordance with 567—24.100(455B) through 567—24.116(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 567—24.135(455B) through 567—24.145(455B).

    567—24.136(455B) Acid rain permit issuance procedures—completeness.  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.

    567—24.137(455B) Acid rain permit issuance procedures—statement of basis.      24.137(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.    24.137(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.    24.137(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.

    567—24.138(455B) Issuance of acid rain permits.      24.138(1)   Proposed permit. After the close of the public comment and EPA 45-day review period (pursuant to 24.107(6) and 24.107(7)), the department will address any objections by the Administrator, incorporate all necessary changes and issue or deny the acid rain permit.    24.138(2)   The department will submit the proposed acid rain permit or denial of a proposed acid rain permit to the Administrator in accordance with 567—24.100(455B) through 567—24.116(455B), the provisions of which shall be treated as applying to the issuance or denial of a proposed acid rain permit.    24.138(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 §70.8(c), the Administrator, will incorporate any required changes and issue or deny the acid rain permit in accordance with 567—24.133(455B) and 567—24.134(455B).    24.138(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.    24.138(5)   Permit issuance deadline and effective date.    a.    and b. Reserved.    c.    Each acid rain permit issued in accordance with 24.138(5)“a” shall take effect by the later of January 1, 2000, or, where the permit governs a unit under 24.122(1)“c,” the deadline for monitor certification under 567—25.2(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.    24.138(6)   Each acid rain permit shall contain all applicable acid rain requirements, shall be a portion of the Title V operating permit that is complete and segregable from all other air quality requirements, and shall not incorporate information contained in any other documents, other than documents that are readily available.    24.138(7)   Invalidation of the acid rain portion of a Title V operating permit shall not affect the continuing validity of the rest of the Title V operating permit, nor shall invalidation of any other portion of the Title V operating permit affect the continuing validity of the acid rain portion of the permit.

    567—24.139(455B) Acid rain permit appeal procedures.      24.139(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 in 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, as amended through March 20, 2017, 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.    24.139(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.    24.139(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.    24.139(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 567—24.125(455B);    c.    The emissions monitoring and reporting requirements applicable to the affected units at an affected source under 567—25.2(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.    24.139(5)   The department will serve written notice on the Administrator of any state administrative or judicial appeal concerning an acid rain provision of any Title V operating permit or denial of an acid rain portion of any Title V operating permit within 30 days of the filing of the appeal.    24.139(6)   The department will serve written notice on the Administrator of any determination or order in a state administrative or judicial proceeding that interprets, modifies, voids, or otherwise relates to any portion of an acid rain permit. Following any such determination or order, the Administrator will have an opportunity to review and veto the acid rain permit or revoke the permit for cause in accordance with 24.107(7) and 24.107(8).

    567—24.140(455B) Permit revisions—general.      24.140(1)   567—24.140(455B) through 567—24.145(455B) shall govern revisions to any acid rain permit issued by the department.    24.140(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.    24.140(3)   The terms of the acid rain permit shall apply while the permit revision is pending.    24.140(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 §70.8(c), as applied to permit modifications, unless the determination or interpretation is an administrative amendment approved in accordance with 567—24.143(455B).    24.140(5)   The standard requirements of 567—24.125(455B) shall not be modified or voided by a permit revision.    24.140(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 567—24.131(455B) and Section 407 of the Act and regulations implementing Section 407 of the Act.    24.140(7)   For permit revisions not described in 567—24.141(455B) and 567—24.142(455B), the department may, in its discretion, determine which of these rules is applicable.

    567—24.141(455B) Permit modifications.      24.141(1)   Permit modifications shall follow the permit issuance requirements of 567—24.135(455B) through 567—24.139(455B) and 24.113(2) and 24.113(3).    24.141(2)   For purposes of applying 24.141(1), a permit modification shall be treated as an acid rain permit application, to the extent consistent with 567—24.140(455B) through 567—24.145(455B).    24.141(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; and    c.    Reserved.    d.    At the option of the designated representative submitting the permit revision, the permit revisions listed in 24.142(2).

    567—24.142(455B) Fast-track modifications.  The requirements for fast-track modifications as set forth in 40 CFR §72.82 are adopted by reference.

    567—24.143(455B) Administrative permit amendment.      24.143(1)   Administrative amendments shall follow the procedures set forth in 567—24.111(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.    24.143(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 24.131(3) 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 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 24.131(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 567—24.125(455B);    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 24.143(2)“a” through 24.143(2)“h.”

    567—24.144(455B) Automatic permit amendment.  The provisions for automatic permit amendments as set forth in 40 CFR §72.84 are adopted by reference.

    567—24.145(455B) Permit reopenings.  The provisions for permit reopenings as set forth in 40 CFR §72.85 are adopted by reference.

    567—24.146(455B) Compliance certification—annual report.      24.146(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 §72.90.    24.146(2)   The submission of complete compliance certifications in accordance with 24.146(1) and 567—25.2(455B) shall be deemed to satisfy the requirement to submit compliance certifications under 24.108(15)“e” with regard to the acid rain portion of the source’s Title V operating permit.

    567—24.147()    Reserved.

    567—24.148(455B) Sulfur dioxide opt-ins.  The provisions for sulfur dioxide opt-ins as set forth in 40 CFR Part 74 as amended through April 28, 2006, are adopted by reference.

    567—24.149()    Reserved.

    567—24.150()    Reserved.

    567—24.151()    Reserved.

    567—24.152()    Reserved.

    567—24.153()    Reserved.

    567—24.154()    Reserved.

    567—24.155()    Reserved.

    567—24.156()    Reserved.

    567—24.157()    Reserved.

    567—24.158()    Reserved.

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    567—24.299()    Reserved.

    567—24.300(455B) Operating permit by rule for small sources.  Except as provided in 24.300(11), any source that otherwise would be required to obtain a Title V operating permit may instead register for an operation permit by rule for small sources. Sources that comply with the requirements contained in this rule will be deemed to have an operating permit by rule for small sources. Sources that 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 567—24.100(455B).    24.300(1) Definitions for operating permit by rule for small sources.  For the purposes of 567—24.300(455B), the definitions shall be the same as the definitions found in 567—24.100(455B).    24.300(2) Registration for operating permit by rule for small sources.      a.    Except as provided in 24.300(3) and 24.300(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 24.300(6).    b.    Eligibility for an operating permit by rule for small sources does not eliminate the source’s responsibility to meet any and all applicable federal requirements including, but not limited to, a MACT standard.    c.    Nothing in this rule shall prevent any stationary source that has had a Title V operating permit from qualifying to comply with this rule in the future in lieu of maintaining an application for a Title V operating permit or upon rescission of a Title V operating permit if the owner or operator demonstrates that the stationary source is in compliance with the emissions limitations in 24.300(6).    d.    The department reserves the right to require proof that the expected emissions from the stationary source, in conjunction with all other emissions, will not prevent the attainment or maintenance of the ambient air quality standards specified in 567—Chapter 28.    24.300(3) Exceptions to eligibility.      a.    Any affected source subject to the provisions of Title IV of the Act or any solid waste incinerator unit required to obtain a Title V operating permit under Section 129(e) of the Act is not eligible for an operating permit by rule for small sources.    b.    Sources which meet the registration criteria established in 24.300(2)“a” and meet all applicable requirements of 567—24.300(455B), and are subject to a standard or other requirement under 567—subrule 23.1(2) (standards of performance for new stationary sources) or Section 111 of the Act are eligible for an operating permit by rule for small sources. These sources shall be required to obtain a Title V operating permit when the exemptions specified in 24.102(1) or 24.102(2) no longer apply.    c.    Sources which meet the registration criteria established in 24.300(2)“a” and meet all applicable requirements of 567—24.300(455B), and are subject to a standard or other requirement under 567—subrule 23.1(3) (emissions standards for hazardous air pollutants), 567—subrule 23.1(4) (emissions standards for hazardous air pollutants for source categories), or Section 112 of the Act are eligible for an operating permit by rule for small sources. These sources shall be required to obtain a Title V operating permit when the exemptions specified in 24.102(1) or 24.102(2) no longer apply.    24.300(4) Stationary source with de minimus emissions.  Stationary sources with de minimus emissions must submit the standard registration form and must meet and fulfill all registration and reporting requirements as found in 24.300(8). Only the recordkeeping and reporting provisions listed in 24.300(4)“b” shall apply to a stationary source with de minimus emissions or operations as specified in 24.300(4)“a”:    a.    De minimus emission and usage limits.For the purpose of this rule, a stationary source with de minimus emissions means:    (1)   In every 12-month rolling period, the stationary source emits less than or equal to the following quantities of emissions:    1.   5 tons per year of a regulated air pollutant (excluding hazardous air pollutants (HAPs)), and    2.   2 tons per year of a single HAP, and    3.   5 tons per year of any combination of HAPs.    (2)   In every 12-month rolling period, at least 90 percent of the stationary source’s emissions are associated with an operation for which the throughput is less than or equal to one of the quantities specified in numbered paragraphs “1” to “9” below:    1.   1,400 gallons of any combination of solvent-containing materials but no more than 550 gallons of any one solvent-containing material, provided that the materials do not contain the following: methyl chloroform (1,1,1-trichloroethane), methylene chloride (dichloromethane), tetrachloroethylene (perchloroethylene), or trichloroethylene;    2.   750 gallons of any combination of solvent-containing materials where the materials contain the following: methyl chloroform (1,1,1-trichloroethane), methylene chloride (dichloromethane), tetrachloroethylene (perchloroethylene), or trichloroethylene, but not more than 300 gallons of any one solvent-containing material;    3.   365 gallons of solvent-containing material used at a paint spray unit(s);    4.   4,400,000 gallons of gasoline dispensed from equipment with Phase I and II vapor recovery systems;    5.   470,000 gallons of gasoline dispensed from equipment without Phase I and II vapor recovery systems;    6.   1,400 gallons of gasoline combusted;    7.   16,600 gallons of diesel fuel combusted;    8.   500,000 gallons of distillate oil combusted; or    9.   71,400,000 cubic feet of natural gas combusted.    b.    Recordkeeping for de minimus sources.Upon registration with the department, the owner or operator of a stationary source eligible to register for an operating permit by rule for small sources shall comply with all applicable recordkeeping requirements of this rule. The recordkeeping requirements of this rule shall not replace any recordkeeping requirement contained in a construction permit or in a local, state, or federal rule or regulation.    (1)   De minimus sources shall always maintain an annual log of each raw material used and its amount. The annual log and all related material safety data sheets (MSDS) for all materials shall be maintained for a period of not less than the most current five years. The annual log will begin on the date the small source operating permit application is submitted, then on an annual basis, based on a calendar year.    (2)   Within 30 days of a written request by the state or EPA, the owner or operator of a stationary source not maintaining records pursuant to 24.300(7) shall demonstrate that the stationary source’s emissions or throughput is not in excess of the applicable quantities set forth in 24.300(4)“a.”    24.300(5) Provision for air pollution control equipment.  The owner or operator of a stationary source may take into account the operation of air pollution control equipment on the capacity of the source to emit an air contaminant if the equipment is required by federal, state, or local air pollution control agency rules and regulations or permit terms and conditions that are federally enforceable. The owner or operator of the stationary source shall maintain and operate such air pollution control equipment in a manner consistent with good air pollution control practice for minimizing emissions.    24.300(6) Emission limitations.      a.    No stationary source subject to this rule shall emit in every 12-month rolling period more than the following quantities of emissions:    (1)   50 percent of the major source thresholds for regulated air pollutants (excluding hazardous air pollutants), and    (2)   5 tons per year of a single hazardous air pollutant, and    (3)   12.5 tons per year of any combination of hazardous air pollutants.    b.    The owner or operator of a stationary source subject to this rule shall obtain any necessary permits prior to commencing any physical or operational change or activity which will result in actual emissions that exceed the limits specified in 24.300(6)“a.”    24.300(7) Recordkeeping requirements for non-de minimus sources.  Upon registration with the department the owner or operator of a stationary source eligible to register for an operating permit by rule for small stationary sources shall comply with all applicable recordkeeping requirements in this rule. The recordkeeping requirements of this rule shall not replace any recordkeeping requirement contained in any operating permit, a construction permit, or in a local, state, or federal rule or regulation.    a.    A stationary source previously covered by the provisions in 24.300(4) shall comply with the applicable provisions of 24.300(7) (recordkeeping requirements) and 24.300(8) (reporting requirements) if the stationary source exceeds the quantities specified in 24.300(4)“a.”    b.    The owner or operator of a stationary source subject to this rule shall keep and maintain records, as specified in 24.300(7)“c” below, for each permitted emission unit and each piece of emission control equipment sufficient to determine actual emissions. Such information shall be maintained on site for five years and be made available to local, state, or EPA staff upon request.    c.    Recordkeeping requirements for emission units and emission control equipment. Recordkeeping requirements for emission units are specified in 24.300(7)“c”(1) through 24.300(7)“c”(4). Recordkeeping requirements for emission control equipment are specified in 24.300(7)“c”(5).    (1)   Coating/solvent emission unit. The owner or operator of a stationary source subject to this rule that contains a coating/solvent emission unit not permitted under 567—subrule 22.8(1) (permit by rule for spray booths) or uses a coating, solvent, ink or adhesive shall keep and maintain the following records:    1.   A current list of all coatings, solvents, inks and adhesives in use. This list shall include MSDS, manufacturer’s product specifications, and material VOC content reports for each solvent (including solvents used in cleanup and surface preparation), coating, ink, and adhesive used and show at least the product manufacturer, product name and code, VOC, and hazardous air pollutant content;    2.   A description of any equipment used during and after coating/solvent application, including type, make, and model; maximum design process rate or throughput; and control device(s) type and description (if any);    3.   A monthly log of the consumption of each solvent (including solvents used in cleanup and surface preparation), coating, ink, and adhesive used; and    4.   All purchase orders, invoices, and other documents to support information in the monthly log.    (2)   Organic liquid storage unit. The owner or operator of a stationary source subject to this rule that contains an organic liquid storage unit shall keep and maintain the following records:    1.   A monthly log identifying the liquid stored and monthly throughput; and    2.   Information on the tank design and specifications including control equipment.    (3)   Combustion emission unit. The owner or operator of a stationary source subject to this rule that contains a combustion emission unit shall keep and maintain the following records:    1.   Information on equipment type, make and model, maximum design process rate or maximum power input/output, minimum operating temperature (for thermal oxidizers) and capacity and all source test information; and    2.   A monthly log of fuel type, fuel usage, fuel heating value (for nonfossil fuels; in terms of Btu/lb or Btu/gal), and percent sulfur for fuel oil and coal.    (4)   General emission unit. The owner or operator of a stationary source subject to this rule that contains an emission unit not included in 24.300(7)“c”(1), (2), or (3) shall keep and maintain the following records:    1.   Information on the process and equipment including the following: equipment type, description, make, and model and maximum design process rate or throughput;    2.   A monthly log of operating hours and each raw material used and its amount; and    3.   Purchase orders, invoices, or other documents to support information in the monthly log.    (5)   Emission control equipment. The owner or operator of a stationary source subject to this rule that contains emission control equipment shall keep and maintain the following records:    1.   Information on equipment type and description, make and model, and emission units served by the control equipment;    2.   Information on equipment design including, where applicable: pollutant(s) controlled; control effectiveness; maximum design or rated capacity; other design data as appropriate including any available source test information and manufacturer’s design/repair/maintenance manual; and    3.   A monthly log of hours of operation including notation of any control equipment breakdowns, upsets, repairs, or maintenance and any other deviations from design parameters.    24.300(8) Registration and reporting requirements.      a.    Duty to apply. Any person who owns or operates a source otherwise required to obtain a Title V operating permit and which would be eligible for an operating permit by rule for small sources must either register for an operating permit by rule for small sources or apply for a Title V operating permit. Any source determined not to be eligible for an operating permit by rule for small sources, and operating without a valid Title V operating permit, shall be subject to enforcement action for operation without a Title V operating permit, except as provided for in the application shield provisions contained in 567—24.104(455B). For each source registering for an operating permit by rule for small sources, the owner or operator or designated representative, where applicable, shall present or mail to the Air Quality Bureau, Iowa Department of Natural Resources, 502 East 9th Street, Des Moines, Iowa 50319, one original and one copy of a timely and complete registration form in accordance with this rule.    (1)   Timely registration. Each source registering for an operating permit by rule for small sources shall submit a registration form:    1.   By August 1, 1996, if the source became subject to 567—24.101(455B) on or before August 1, 1995, unless otherwise required to obtain a Title V permit under 567—24.101(455B).    2.   Within 12 months of becoming subject to 567—24.101(455B) (the requirement to obtain a Title V operating permit) for a new source or a source that would otherwise become subject to the Title V permit requirement after August 1, 1995.    (2)   Complete registration form. To be deemed complete, the registration form must provide all information required pursuant to 24.300(8)“b.”    (3)   Duty to supplement or correct registration. Any registrant who fails to submit any relevant facts or who has submitted incorrect information in an operating permit by rule for small sources registration shall, upon becoming aware of such failure or incorrect submittal, promptly submit such supplementary facts or corrected information. In addition, the registrant shall provide additional information as necessary to address any requirements that become applicable to the source after the date it filed a complete registration.    (4)   Certification of truth, accuracy, and completeness. Any registration form, report, or supplemental information submitted pursuant to these rules shall contain certification by a responsible official of truth, accuracy, and completeness. This certification and any other certification required under these rules shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.    b.    At the time of registration for an operating permit by rule for small sources each owner or operator of a stationary source shall submit to the department a standard registration form and required attachments. To register for an operating permit by rule for small sources, applicants shall complete the registration form and supply all information required by the filing instructions. The information submitted must be sufficient to evaluate the source, its registration, and predicted actual emissions from the source and to determine whether the source is subject to the exceptions listed in 24.300(3). The standard registration form and attachments shall require that the following information be provided:    (1)   Identifying information, including company name and address (or plant or source name if different from the company name), owner’s name and responsible official, and telephone number and names of plant site manager or contact;    (2)   A description of source processes and products;    (3)   The following emissions-related information shall be submitted to the department on the standard registration form:    1.   The total actual emissions of each regulated air pollutant. Actual emissions shall be reported for one contiguous 12-month period within the 18 months preceding submission of the registration to the department;    2.   Identification and description of each emission unit with the potential to emit a regulated air pollutant;    3.   Identification and description of air pollution control equipment;    4.   Limitations on source operations affecting emissions or any work practice standards, where applicable, for all regulated pollutants;    5.   Fugitive emissions sources shall be included in the registration form in the same manner as stack emissions if the source is one of the source categories defined as a stationary source category in rule 567—24.100(455B);    (4)   Requirements for certification. Facilities that claim to meet the requirements set forth in this rule to qualify for an operating permit by rule for small sources must submit to the department, with a complete registration form, a written statement as follows:“I certify that all equipment at the facility with a potential to emit any regulated pollutant is included in the registration form, and submitted to the department as required in 24.300(8)“b.” I understand that the facility will be deemed to have been granted an operating permit by rule for small sources under the terms of 567—24.300(455B) only if all applicable requirements of 567—24.300(455B) are met and if the registration is not denied by the director under 567—24.300(11). This certification is based on information and belief formed after reasonable inquiry; the statements and information in the document are true, accurate, and complete.” The certification must be signed by one of the following individuals:For corporations, a principal executive officer of at least the level of vice president, or a responsible official as defined in 567—24.100(455B).For partnerships, a general partner.For sole proprietorships, the proprietor.For municipal, state, county, or other public facilities, the principal executive officer or the ranking elected official.    24.300(9) Construction permits issued after registration for an operating permit by rule for small sources.  This rule shall not relieve any stationary source from complying with requirements pertaining to any otherwise applicable construction permit, or to replace a condition or term of any construction permit, or any provision of a construction permitting program. This does not preclude issuance of any construction permit with conditions or terms necessary to ensure compliance with this rule.    a.    If the issuance of a construction permit acts to make the source no longer eligible for an operating permit by rule for small sources, the source shall, within 12 months of issuance of the construction permit, submit an application for a Title V operating permit.    b.    If the issuance of a construction permit does not prevent the source from continuing to be eligible to operate under an operating permit by rule for small sources, the source shall, within 30 days of issuance of a construction permit, provide to the department the information as listed in 24.300(8)“b” for the new or modified source.    24.300(10) Violations.      a.    Failure to comply with any of the applicable provisions of this rule shall constitute a violation of this rule.    b.    A stationary source subject to this rule shall be subject to applicable federal requirements for a major source, including 567—24.101(455B) through 567—24.116(455B) when the conditions specified in either subparagraph (1) or (2) below, occur:    (1)   Commencing on the first day following every 12-month rolling period in which the stationary source exceeds a limit specified in 24.300(6), or    (2)   Commencing on the first day following every 12-month rolling period in which the owner or operator cannot demonstrate that the stationary source is in compliance with the limits in 24.300(6).    24.300(11) Suspension, termination, and revocation of an operating permit by rule for small sources.      a.    Registrations may be terminated, modified, revoked, or reissued for cause. The following examples shall be considered cause for the suspension, modification, revocation, or reissuance of an operating permit by rule for small sources:    (1)   The director has reasonable cause to believe that the operating permit by rule for small sources was obtained by fraud or misrepresentation.    (2)   The person registering for the operating permit by rule for small sources failed to disclose a material fact required by the registration form or the rules applicable to the operating permit by rule for small sources, of which the applicant had or should have had knowledge at the time the registration form was submitted.    (3)   The terms and conditions of the operating permit by rule for small sources have been or are being violated.    (4)   The owner or operator of the source has failed to pay an administrative, civil or criminal penalty for violations of the operating permit by rule for small sources.    b.    If the director suspends, terminates, or revokes an operating permit by rule for small sources under this rule, the notice of such action shall be served on the applicant by certified mail, return receipt requested. The notice shall include a statement detailing the grounds for the action sought, and the proceeding shall in all other respects comply with the requirements of 561—7.16(17A,455A).    24.300(12) Change of ownership.  The new owner shall notify the department in writing no later than 30 days after the change of ownership of equipment covered by an operating permit by rule for small sources. The notification to the department shall be mailed to Air Quality Bureau, Iowa Department of Natural Resources, 502 East 9th Street, Des Moines, Iowa 50319, and shall include the following information:    a.    The date of ownership change; and    b.    The name, address, and telephone number of the responsible official, the contact person, and the owner of the equipment both before and after the change of ownership.       These rules are intended to implement Iowa Code sections 455B.133 and 455B.134.
    ARC 7218CEnvironmental Protection Commission[567]Notice of Intended Action

    Proposing rulemaking related to measurement of emissions and providing an opportunity for public comment

        The Environmental Protection Commission (Commission) hereby proposes to rescind Chapter 25, “Measurement of Emissions,” Iowa Administrative Code.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 455B.133.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code section 17A.7(2) and Executive Order 10 (January 10, 2023).Purpose and Summary    The Commission proposes to rescind Chapter 25. This chapter establishes the state and federal standards for testing and monitoring air emissions. After a review consistent with Executive Order 10, the Department of Natural Resources (Department) determined that reference to rules for the measurement of emissions would be more appropriately placed in another subject matter chapter, specifically Chapter 21. A Notice of Intended Action to rescind and adopt a new Chapter 21 that includes updated provisions from Chapter 25 is being proposed concurrently with this rulemaking (ARC 7209C, IAB 12/27/23). Rescission of Chapter 25 is therefore appropriate.Fiscal Impact    This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found. Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 561—Chapter 10. Public Comment     Any interested person may submit written comments concerning this proposed rulemaking. Written comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on January 29, 2024. Comments should be directed to: Christine Paulson Iowa Department of Natural Resources Wallace State Office Building 502 East Ninth Street Des Moines, Iowa 50319 Email: christine.paulson@dnr.iowa.gov Public Hearing     A public hearing at which persons may present their views orally will be held via conference call as follows. Persons who wish to attend the public hearing should contact Christine Paulson via email or by phone at 515.725.9510. A virtual meeting link and conference call number will be provided prior to the hearing. The public hearing information will also be provided through the Air Quality e-newsletter (GovDelivery) and on the Department’s webpage at iowadnr.gov/Environmental-Protection/Air-Quality/Public-Participation (scroll down to Public Input and click on Executive Order 10 Implementation). Persons who wish to make comments at the public hearing must submit a request to Ms. Paulson prior to the hearing to facilitate an orderly hearing. January 29, 2024 1 p.m. Via video/conference call     Persons who wish to make oral comments at the public hearing will be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.     Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or vision impairments, should contact the Department and advise of specific needs.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rulemaking action is proposed:

        ITEM 1.    Rescind and reserve 567—Chapter 25.
    ARC 7224CEnvironmental Protection Commission[567]Notice of Intended Action

    Proposing rulemaking related to air pollution emergency episodes and providing an opportunity for public comment

        The Environmental Protection Commission (Commission) hereby proposes to rescind Chapter 26, “Prevention of Air Pollution Emergency Episodes,” Iowa Administrative Code.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 455B.133.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code section 17A.7(2) and Executive Order 10 (January 10, 2023).Purpose and Summary    The Commission proposes to rescind Chapter 26. This chapter establishes Iowa’s plans and procedures to prevent air pollution emergencies, as required by the U.S. Clean Air Act and codified in 40 Code of Federal Regulations Part 51, Appendix L. After a review consistent with Executive Order 10, the Department of Natural Resources (Department) determined that rules for the prevention of air pollution emergency episodes would be more appropriately placed in another subject matter chapter, specifically Chapter 21. A Notice of Intended Action to rescind and adopt a new Chapter 21 that includes updated provisions from Chapter 26 is being proposed concurrently with this rulemaking (ARC 7209C, IAB 12/27/23). Rescission of Chapter 26 is therefore appropriate.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found. Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 561—Chapter 10. Public Comment    Any interested person may submit written comments concerning this proposed rulemaking. Written comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on January 29, 2024. Comments should be directed to: Christine Paulson Iowa Department of Natural Resources Wallace State Office Building 502 East Ninth Street Des Moines, Iowa 50319 Email: christine.paulson@dnr.iowa.gov Public Hearing    A public hearing at which persons may present their views orally will be held via conference call as follows. Persons who wish to attend the public hearing should contact Christine Paulson via email or by phone at 515.725.9510. A virtual meeting link and conference call number will be provided prior to the hearing. The public hearing information will also be provided through the Air Quality e-newsletter (GovDelivery) and on the Department’s webpage at iowadnr.gov/Environmental-Protection/Air-Quality/Public-Participation (scroll down to Public Input and click on Executive Order 10 Implementation). Persons who wish to make comments at the public hearing must submit a request to Ms. Paulson prior to the hearing to facilitate an orderly hearing. January 29, 2024 1 p.m. Via video/conference call     Persons who wish to make oral comments at the public hearing will be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.    Any persons who intend to participate in the hearing and have special requirements, such as those related to hearing or vision impairments, should contact the Department and advise of specific needs.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rulemaking action is proposed:

        ITEM 1.    Rescind and reserve 567—Chapter 26.
    ARC 7226CEnvironmental Protection Commission[567]Notice of Intended Action

    Proposing rulemaking related to certificate of acceptance and providing an opportunity for public comment

        The Environmental Protection Commission (Commission) hereby proposes to rescind Chapter 27, “Certificate of Acceptance,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 455B.145.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code section 17A.7(2) and Executive Order 10 (January 10, 2023).Purpose and Summary    The Commission proposes to rescind and adopt a new Chapter 27. The proposed Chapter 27 includes updated and streamlined rules.      Chapter 27 provides political subdivisions, such as municipalities and counties, with the conditions necessary to obtain and maintain a certificate of acceptance (delegation) of a local air pollution control program. The Linn County and Polk County local air programs are currently the only two local air programs in Iowa with certificates of acceptance.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found. Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department of Natural Resources (Department) for a waiver of the discretionary provisions, if any, pursuant to 561—Chapter 10. Public Comment     Any interested person may submit written comments concerning this proposed rulemaking. Written comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on January 30, 2024. Comments should be directed to: Jim McGraw Iowa Department of Natural Resources Wallace State Office Building 502 East Ninth Street Des Moines, Iowa 50319 Email: jim.mcgraw@dnr.iowa.gov Public Hearing     Two public hearings at which persons may present their views orally will be held via conference call as follows. Persons who wish to attend the public hearings should contact Jim McGraw via email or by phone at 515.689.1439. A virtual meeting link and conference call number will be provided prior to each hearing. The public hearing information will also be provided through the Air Quality e-newsletter (GovDelivery) and on the Department’s webpage at iowadnr.gov/Environmental-Protection/Air-Quality/Public-Participation (scroll down to Public Input and click on Executive Order 10 Implementation). Persons who wish to make comments at either of the public hearings must submit a request to Mr. McGraw prior to the hearing to facilitate an orderly hearing. January 29, 2024 1 p.m. Via video/conference call January 30, 2024 1 p.m. Via video/conference call     Persons who wish to make oral comments at a public hearing will be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.    Any persons who intend to participate in the hearings and have special requirements, such as those related to hearing or vision impairments, should contact the Department and advise of specific needs.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rulemaking action is proposed:

        ITEM 1.    Rescind 567—Chapter 27 and adopt the following new chapter in lieu thereof: CHAPTER 27CERTIFICATE OF ACCEPTANCE[Prior to 7/1/83, DEQ Ch 9][Prior to 12/3/86, Water, Air and Waste Management[900]]

    567—27.1(455B) General.  Political subdivisions shall meet the conditions specified in this chapter if the political subdivisions pursue acceptance of the local air pollution control program and to obtain a certificate of acceptance from the director, as provided in Iowa Code section 455B.145.

    567—27.2(455B) Certificate of acceptance.  The governing body of a political subdivision may make application for a certificate of acceptance.    27.2(1) Forms.  Each application for a certificate of acceptance shall be submitted to the director on forms available from the department.    27.2(2) Processing of applications.  The director shall make an investigation of the program or portion of a program covered by an application for a certificate of acceptance to evaluate conformance with applicable provisions of Iowa Code section 455B.145.    a.    Granting of certificate.A certificate of acceptance may be granted by the director if the program is consistent with Iowa Code chapter 455B, division II, and the rules established in this chapter.    b.    Review of program.The director shall provide for a review of the program activities at intervals as the director prescribes for evaluation of the continuation of the certificate. Following the review, the director may continue the certificate in effect or suspend the certificate, in conformance with Iowa Code sections 455B.134(12) and 455B.145.

    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.

    567—27.4(455B) Administrative organization.      27.4(1) Administrative facilities.  Each local control program considered for a certificate of acceptance must have the administrative facilities necessary for effective operation of such program including, but not limited to, those listed below.    a.    Agency.Designation of a legally constituted body within the organizational structure of the applicable political subdivision or combination of political subdivisions, as the administrative authority for the local control program.    b.    Procedures.Adoption of definite administrative procedures for developing, promulgating and enforcing requirements and standards for air pollution control within the jurisdiction of the local control agency.    c.    Staff.Employment of a technical and clerical staff deemed adequate to conduct the air pollution control activities in the local control program.    (1)   Key technical staff personnel shall have received training or experience in air quality management program procedures.    (2)   At least one member of the technical staff shall be assigned full-time duty in the operation of the local control program.    27.4(2) Financial support.  Each local control program considered for a certificate of acceptance shall have adequate financial support for the operation of effective program activities.    27.4(3) Physical facilities.  Each local control program considered for a certificate of acceptance must have the physical facilities necessary for the operation of effective program activities, including those listed below.    a.    Office space.Sufficient office space and equipment to accommodate the members of the technical and clerical staff.    b.    Laboratory facilities.The laboratory space and equipment shall be adequate for the effective exercise of the specific functions required in the operation of the local control program.    c.    Transportation facilities. These facilities shall include provisions for transportation of personnel to service air monitoring equipment, visits to sources of emissions for investigative purposes and other appropriate program activities.

    567—27.5(455B) Program activities.  Each local control program considered for a certificate of acceptance must conduct air pollution control activities adequate to provide adequate control of air pollution within the jurisdiction of the local control program, including, but not limited to, those listed below. In conducting these program activities, the local control agency shall make every effort to meet the specified ambient air quality objectives applicable to the state of Iowa.    27.5(1) Evaluation of problems.  Conduct activities to determine the actual and potential air pollution problems within the jurisdiction of the local control agency, and comparison of the present air quality in that jurisdiction with the air quality standards and objectives promulgated for this state. The air quality within the jurisdiction shall be determined by an air monitoring program, using sampling techniques and laboratory determinations compatible with those used in the air pollution control program of this state. The air monitoring program of the local control agency shall give attention to the air contaminants considered to be indices of pollution in this state.    27.5(2) Control activities.  Conduct activities to abate or control emissions of air contaminants from existing equipment or from new or altered equipment located within the jurisdiction of the local control agency.    a.    A program of plant inspections shall be conducted with respect to control of emissions from existing equipment. These activities should include the collection of data related to the types of emissions and the rate of discharge of emissions from each source involved, along with stack sampling when deemed appropriate.    b.    Procedures for plan review and the issuing of permits relating to the installation or alteration such that the emission of air contaminants is significantly altered, shall be conducted with respect to control of emissions from new or altered sources. These procedures may include provisions for permits relating to the use of the equipment involved.       These rules are intended to implement Iowa Code sections 455B.133, 455B.143, and 455B.145.
    ARC 7220CEnvironmental Protection Commission[567]Notice of Intended Action

    Proposing rulemaking related to ambient air quality standards and providing an opportunity for public comment

        The Environmental Protection Commission (Commission) hereby proposes to rescind Chapter 28, “Ambient Air Quality Standards,” Iowa Administrative Code.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 455B.133(3).State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code section 17A.7(2) and Executive Order 10 (January 10, 2023).Purpose and Summary    The Commission proposes to rescind Chapter 28. This chapter establishes that the State of Iowa ambient air quality standards shall be the National Ambient Air Quality Standards (NAAQS). The NAAQS consist of both primary and secondary standards for six criteria air pollutants, as published in 40 Code of Federal Regulations Part 50. After a review consistent with Executive Order 10, the Department of Natural Resources (Department) determined that reference to the adoption of the NAAQS would be more appropriately placed in the subject matter chapter, specifically Chapter 22. A Notice of Intended Action to rescind and adopt a new Chapter 22 that includes the adoption of the NAAQS is being proposed concurrently with this rulemaking (ARC 7228C, IAB 12/27/23). Rescission of Chapter 28 is therefore appropriate.Fiscal Impact    This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found. Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 561—Chapter 10. Public Comment     Any interested person may submit written comments concerning this proposed rulemaking. Written comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on January 29, 2024. Comments should be directed to: Christine Paulson Iowa Department of Natural Resources Wallace State Office Building 502 East Ninth Street Des Moines, Iowa 50319 Email: christine.paulson@dnr.iowa.gov Public Hearing     A public hearing at which persons may present their views orally will be held via conference call as follows. Persons who wish to attend the public hearing should contact Christine Paulson via email or by phone at 515.725.9510. A virtual meeting link and conference call number will be provided prior to the hearing. The public hearing information will also be provided through the Air Quality e-newsletter (GovDelivery) and on the Department’s webpage at iowadnr.gov/Environmental-Protection/Air-Quality/Public-Participation (scroll down to Public Input and click on Executive Order 10 Implementation). Persons who wish to make comments at the public hearing must submit a request to Ms. Paulson prior to the hearing to facilitate an orderly hearing. January 29, 2024 1 p.m. Via video/conference call     Persons who wish to make oral comments at the public hearing will be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.    Any persons who intend to participate in the hearing and have special requirements, such as those related to hearing or vision impairments, should contact the Department and advise of specific needs.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rulemaking action is proposed:

        ITEM 1.    Rescind and reserve 567—Chapter 28.
    ARC 7216CEnvironmental Protection Commission[567]Notice of Intended Action

    Proposing rulemaking related to opacity of emissions and providing an opportunity for public comment

        The Environmental Protection Commission (Commission) hereby proposes to rescind Chapter 29, “Qualification in Visual Determination of the Opacity of Emissions,” Iowa Administrative Code.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 455B.133.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code section 17A.7(2) and Executive Order 10 (January 10, 2023).Purpose and Summary    The Commission proposes to rescind Chapter 29. This chapter establishes the federal reference method for the determination of the opacity of emissions (visible emissions) and the requirements for qualified observers. After a review consistent with Executive Order 10, the Department of Natural Resources (Department) determined that rules for the qualification in visual determination of the opacity of emissions would be more appropriately placed in another subject matter chapter, specifically Chapter 21. A Notice of Intended Action to rescind and adopt a new Chapter 21 that includes updated provisions from Chapter 29 is being proposed concurrently with this rulemaking (ARC 7209C, IAB 12/27/23). Rescission of Chapter 29 is therefore appropriate.Fiscal Impact    This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found. Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 561—Chapter 10. Public Comment     Any interested person may submit written comments concerning this proposed rulemaking. Written comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on January 29, 2024. Comments should be directed to: Christine Paulson Iowa Department of Natural Resources Wallace State Office Building 502 East Ninth Street Des Moines, Iowa 50319 Email: christine.paulson@dnr.iowa.gov Public Hearing     A public hearing at which persons may present their views orally will be held via conference call as follows. Persons who wish to attend the public hearing should contact Christine Paulson via email or by phone at 515.725.9510. A virtual meeting link and conference call number will be provided prior to the hearing. The public hearing information will also be provided through the Air Quality e-newsletter (GovDelivery) and on the Department’s webpage at iowadnr.gov/Environmental-Protection/Air-Quality/Public-Participation (scroll down to Public Input and click on Executive Order 10 Implementation). Persons who wish to make comments at a public hearing must submit a request to Ms. Paulson prior to the hearing to facilitate an orderly hearing. January 29, 2024 1 p.m. Via video/conference call     Persons who wish to make oral comments at the public hearing will be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.    Any persons who intend to participate in the hearing and have special requirements, such as those related to hearing or vision impairments, should contact the Department and advise of specific needs.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rulemaking action is proposed:

        ITEM 1.    Rescind and reserve 567—Chapter 29.
    ARC 7219CEnvironmental Protection Commission[567]Notice of Intended Action

    Proposing rulemaking related to fees and providing an opportunity for public comment

        The Environmental Protection Commission (Commission) hereby proposes to rescind Chapter 30, “Fees,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code sections 455B.133, 455B.133B and 455B.133C.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code section 17A.7 and Executive Order 10 (January 10, 2023).Purpose and Summary    The Commission proposes to rescind and adopt a new Chapter 30. The proposed chapter will include updated and streamlined rules for air quality fees.    In more detail, Chapter 30 defines specific air quality fees owed by air contaminant sources. These fees directly support the air quality program, which exists to prevent, abate, and control air pollution in the state of Iowa. The Air Contaminant Source Fund (Iowa Code section 455B.133B) was established to receive emissions and operating permit fees. The Air Quality Fund (Iowa Code section 455B.133C) was established to receive construction permit and asbestos notifications fees. Citations to definitions in Chapter 22 are to the definitions proposed in the concurrent Notice of Intended Action for that chapter (ARC 7228C, IAB 12/27/23).Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department of Natural Resources (Department) for a waiver of the discretionary provisions, if any, pursuant to 561—Chapter 10.Public Comment     Any interested person may submit written comments concerning this proposed rulemaking. Written comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on January 30, 2024. Comments should be directed to: Wendy Walker Iowa Department of Natural Resources Wallace State Office Building 502 East Ninth Street Des Moines, Iowa 50319 Email: wendy.walker@dnr.iowa.gov Public Hearing    Two public hearings at which persons may present their views orally will be held via conference call as follows. Persons who wish to attend a public hearing should contact Wendy Walker via email or by phone at 515.725.9570. A virtual meeting link and conference call number will be provided prior to the hearings. The public hearing information will also be provided through the Air Quality e-newsletter (GovDelivery) and on the air quality public input webpage (iowadnr.gov/airpublicinput). Persons who wish to make comments at a public hearing must submit a request to Ms. Walker prior to the hearing to facilitate an orderly hearing. January 29, 2024 1 p.m. Via video/conference call January 30, 2024 1 p.m. Via video/conference call     Persons who wish to make comments at a public hearing will be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.     Any persons who intend to participate in a hearing and have special requirements, such as those related to hearing or vision impairments, should contact the Department and advise of specific needs.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rulemaking action is proposed:

        ITEM 1.    Rescind 567—Chapter 30 and adopt the following new chapter in lieu thereof: CHAPTER 30FEES

    567—30.1(455B) Purpose.  This chapter sets forth requirements to pay fees for specified activities. The department shall not initiate review and processing of an application submittal from a minor source until all required fees have been paid to the department. Fees are nonrefundable, except as provided in 30.1(4).    30.1(1) Definition.  For purposes of this chapter, the following definition shall apply:        "Application submittal" means one or more applications required under 567—22.1(455B) and submitted at the same time or required to be submitted under 567—22.4(455B), 567—22.5(455B), 567—Chapter 31 or 567—Chapter 33.    30.1(2) Duty to correct errors.  If an owner, an operator, or the department finds an error in a fee assessed or collected under this chapter, the owner or operator shall submit to the department revised forms making the necessary corrections to the fee and shall submit the correct fee. Corrected forms shall be submitted as soon as possible after the error is discovered or upon notification by the department. If the error correction results in a determination by the department that a fee was overpaid or that a duplicate fee was submitted, the department will return the overpaid balance of the fee to the applicant.    30.1(3) Exemption to fee requirements for administrative amendments.  A fee shall not be required for any of the following:    a.    Corrections of typographical errors;    b.    Corrections of word processing errors;    c.    Changes in the name, address, or telephone number of any person identified in a permit, or similar minor administrative changes at the source; and    d.    Changes in ownership or operational control of a source where the department determines that no other change in the permit is necessary, provided that a written agreement that contains a specific date for transfer of permit responsibility and coverage, and liability between the current permittee and the new permittee has been submitted to the department.    30.1(4) Refund of application fee minus administrative cost for permit applications at minor sources.  The department may refund the application fee minus administrative costs if the owner or operator requests to withdraw the application prior to commencement of the technical review of the application.

    567—30.2(455B) Fees associated with new source review applications.  Each owner or operator required to provide an application submittal, including air quality modeling as applicable; registration; permit by rule; and template under 567—subrule 22.1(1), 567—22.4(455B), 567—22.5(455B), 567—22.8(455B), 567—22.10(455B), 567—Chapter 31 or 567—Chapter 33, shall pay fees as specified in the fee schedule approved by the commission and posted on the department’s website. Fees shall be submitted with forms supplied by the department.    30.2(1) Payment of regulatory applicability determination fee.  Each owner or operator requesting a regulatory applicability determination, as specified in 567—paragraph 22.1(3)“a,” shall pay fees as specified in the fee schedule approved by the commission and posted on the department’s website. Fees shall be submitted with forms provided by the department.    30.2(2)   Reserved.

    567—30.3(455B) Fees associated with asbestos demolition or renovation notification.      30.3(1) Payment of fees established.  The owner or operator of a site subject to the national emission standard for hazardous air pollutants (NESHAP) for asbestos notifications, adopted by reference in 567—paragraph 23.1(3)“a,” shall submit a fee with each required original or each annual notification for each demolition or renovation, including abatement. Fees shall be paid as specified in the fee schedule approved by the commission and posted on the department’s website. Fees shall be submitted with the notification forms provided by the department.    30.3(2) Fee not required.  A fee shall not be required for the following:    a.    Notifications when the total amount of asbestos to be removed or disturbed is less than 260 linear feet, less than 160 square feet, and less than 35 cubic feet of facility components and is below the reporting thresholds as defined in 40 CFR 61.145 as amended on January 16, 1991;    b.    Notifications of training fires as required in 567—paragraph 23.2(3)“g”;    c.    Controlled burning of demolished buildings as required in 567—paragraph 23.2(3)“j”;    d.    Revised, canceled, and courtesy notifications. A revision to a previously submitted courtesy notification due to applicability of the notification requirements in 567—paragraph 23.1(3)“a” is considered an original notification and is subject to the fee requirements of 30.3(1).

    567—30.4(455B) Fees associated with Title V operating permits.      30.4(1) Payment of Title V application fee.  Each owner or operator required to apply for a Title V permit, or a renewal of a Title V permit, shall pay fees as specified in the fee schedule approved by the commission and posted on the department’s website. Fees shall be submitted with forms supplied by the department.    30.4(2) Payment of Title V annual emissions fee.      a.    Fee required.Any person required to obtain a Title V permit shall pay an annual fee based on the first 4,000 tons of each regulated air pollutant and shall be paid on or before July 1 of each year. The Title V emissions fee shall be based on actual emissions required to be included in the Title V operating permit application and the annual emissions statement for the previous calendar year. The commission shall not set the fee higher than $70 per ton without adopting the change pursuant to formal rulemaking.    b.    Fee and documentation due dates.The fee shall be submitted annually by July 1 with forms specified by the department.    c.    Operation in Iowa.The fee for a portable emissions unit or stationary source that operates both in Iowa and out of state shall be calculated only for emissions from the source while it is operating in Iowa.    d.    Title V exempted stationary sources.No fee shall be required for emissions until the year in which sources exempted under 567—subrules 24.102(1) and 24.102(2) are required to apply for a Title V permit. Fees shall be paid for the emission year preceding the year in which the application is due and thereafter.    e.    Insignificant activities.No fee shall be required for insignificant activities as defined in 567—24.103(455B).

    567—30.5(455B) Fee stakeholder meetings.  Prior to each March commission meeting, the director shall convene fee stakeholder meetings as specified in Iowa Code sections 455B.133B and 455B.133C for the purposes of reviewing a draft budget and providing recommendations to the department regarding establishing or adjusting fees. Any stakeholder may attend the fee stakeholder meetings. The meetings will be open to the public. The date of each meeting shall be posted on the department’s website 14 days prior to the meeting.

    567—30.6(455B) Process to establish or adjust fees and notification of fee rates.      30.6(1) Setting the fees.  The department shall submit the proposed budget and fees for major and minor source construction permit programs, the Title V operating permit program, and the asbestos NESHAP program for the following fiscal year to the commission no later than the March commission meeting of each year, at which time the proposal will be available for public comment until such time as the commission acts on the proposal or until the May commission meeting, whichever occurs first. The department’s calculated estimate for each fee shall not produce total revenues in excess of limits specified in Iowa Code sections 455B.133B and 455B.133C during any fiscal year. If an established fee amount must be adjusted, the commission shall set the fees no later than the May commission meeting of each year.Adjusted or established fees shall become effective on July 1. A fee not adjusted by the commission shall remain in effect as previously established until the fee is adjusted by the commission.    30.6(2) Fee types and dollar caps on fee types.  The commission may set fees for the fee types and activities specified in this subrule and shall not set a fee in the fee schedule higher than the levels specified in this subrule without adopting the change pursuant to formal rulemaking:    a.    New source review applications from major sources, which may include:    (1)   Review of each application for a construction permit: $115 per hour;    (2)   Review of each application for a prevention of significant deterioration permit: $115 per hour;    (3)   Review of each plantwide applicability limit request, renewal, or reopening: $115 per hour;    (4)   Review of each regulatory applicability determination: $115 per hour; and    (5)   Air quality modeling review: $90 per hour.    b.    New source review applications from minor sources, which may include:    (1)   Each application for a construction permit: $385;    (2)   Each application for a registration permit: $100;    (3)   Each application for a permit by rule: $100; and    (4)   Each application for a permit template: $100.    c.    Asbestos notifications: $100.    d.    Review of each initial or renewal Title V operating permit application: $100 per hour.    e.    Title V annual emissions: $70 per ton.    30.6(3) Notification of fee schedule.  Following the initial setting of any fee by the commission, the department shall make available to the public a fee schedule at least 30 days prior to its effective date. If any established fee amount is adjusted, the department shall make available to the public a revised fee schedule at least 30 days prior to its effective date. The fee schedule shall be posted on the department’s website.       These rules are intended to implement Iowa Code sections 455B.133, 455B.133B, and 455B.133C.
    ARC 7211CEnvironmental Protection Commission[567]Notice of Intended Action

    Proposing rulemaking related to nonattainment new source review and providing an opportunity for public comment

        The Environmental Protection Commission (Commission) hereby proposes to rescind Chapter 31, “Nonattainment Areas,” and to adopt a new Chapter 31, “Nonattainment New Source Review,” Iowa Administrative Code.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 455B.133.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code section 17A.7 and Executive Order 10 (January 10, 2023).Purpose and Summary    The Commission proposes to rescind and adopt a new Chapter 31. The proposed Chapter 31 will include updated and streamlined rules for permitting requirements relating to nonattainment areas.     Chapter 31 establishes the requirements for the preconstruction review and permitting program applicable to new or modified major stationary sources of air pollutants in areas that do not meet the National Ambient Air Quality Standards (NAAQS). Areas where the NAAQS are not being met are referred to as nonattainment areas. These requirements are established under Part D of Title I of the U.S. Clean Air Act (CAA), federal regulations, and Iowa Code section 455B.133.     The nonattainment new source review rules work in conjunction with emissions control plans developed for areas that have been designated as nonattainment. Combined, these rules ensure that the air quality in a nonattainment area do not further deteriorate due to the construction of new or modified sources of air emissions.Fiscal Impact    This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found. Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department of Natural Resources (Department) for a waiver of the discretionary provisions, if any, pursuant to 561—Chapter 10.Public Comment     Any interested person may submit written comments concerning this proposed rulemaking. Written comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on January 30, 2024. Comments should be directed to: Christine Paulson Iowa Department of Natural Resources Wallace State Office Building 502 East Ninth Street Des Moines, Iowa 50319 Email: christine.paulson@dnr.iowa.gov Public Hearing    Two public hearings at which persons may present their views orally will be held via conference call as follows. Persons who wish to attend a conference call should contact Christine Paulson via email or by phone at 515.725.9510. A virtual meeting link and conference call number will be provided prior to each hearing. The public hearing information will also be provided through the Air Quality e-newsletter (GovDelivery) and on the Department’s webpage at iowadnr.gov/Environmental-Protection/Air-Quality/Public-Participation (scroll down to Public Input and click on Executive Order 10 Implementation). Persons who wish to make comments at a public hearing must submit a request to Ms. Paulson prior to the hearing to facilitate an orderly hearing. January 29, 2024 1 p.m. Via video/conference call January 30, 2024 1 p.m. Via video/conference call     Persons who wish to make oral comments at a public hearing will be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.     Any persons who intend to participate in a hearing and have special requirements, such as those related to hearing impairments, should contact the Department and advise of specific needs.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rulemaking action is proposed:

        ITEM 1.    Rescind 567—Chapter 31 and adopt the following new chapter in lieu thereof: CHAPTER 31NONATTAINMENT NEW SOURCE REVIEW

    567—31.1(455B) Permit requirements relating to nonattainment areas.      31.1(1)   This chapter implements the nonattainment new source review (NNSR) program contained in Part D of Title I of the federal Clean Air Act and as promulgated under 40 CFR §51.165 as amended through March 30, 2011, and 40 CFR Part 51, Appendix S, as amended through July 1, 2011.    31.1(2)   The NNSR program is a preconstruction review and permitting program applicable to new or modified major stationary sources of air pollutants regulated under Part D of Title I of the federal Clean Air Act as amended through November 15, 1990. The NNSR program applies only in areas that do not meet the national ambient air quality standards (NAAQS).    31.1(3)   Section 107(d) of the federal Clean Air Act, 42 U.S.C. §7457(d), requires each state to submit to the Administrator of the federal Environmental Protection Agency a list of areas that exceed the NAAQS, that are lower than those standards, or that cannot be classified on the basis of current data.    31.1(4)   A list of Iowa’s nonattainment area designations is found at 40 CFR §81.316. An owner or operator required to apply for a construction permit under this chapter or requesting a plantwide applicability limit (PAL) shall submit fees as required in 567—Chapter 30.

    567—31.2()    Reserved.

    567—31.3(455B) Nonattainment new source review (NNSR) requirements for areas designated nonattainment.      31.3(1) Definitions.  For the purpose of NNSR, the following definitions shall apply:        "Act" means the Clean Air Act, 42 U.S.C. §7401, et seq., as amended through November 15, 1990.        "Actual emissions" means:
    1. The actual rate of emissions of a regulated new source review (NSR) pollutant from an emissions unit, as determined in accordance with paragraphs “2” through “4,” except that this definition shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a PAL under 567—31.9(455B). Instead, the definitions of projected actual emissions and baseline actual emissions shall apply for those purposes.
    2. 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 consecutive 24-month period that precedes the particular date and that is representative of normal source operation. The department shall allow the use of a different time period upon a determination that it is more representative of normal source operation. 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.
    3. The department may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions of the unit.
    4. For any emissions unit that has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date.
            "Administrator" means the administrator for the U.S. Environmental Protection Agency (EPA) or designee.        "Allowable emissions" means the emissions rate of a stationary source calculated using 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, or both) and the most stringent of the following:
    1. The applicable standards as set forth in 567—subrules 23.1(2) through 23.1(5) (new source performance standards, emissions standards for hazardous air pollutants, and federal emissions guidelines) or an applicable federal standard not adopted by the state, as set forth in 40 CFR Parts 60, 61 and 63;
    2. The state implementation plan (SIP) emissions limitation, including those with a future compliance date; or
    3. The emissions rate specified as an enforceable permit condition, including those with a future compliance date.
            "Baseline actual emissions," for the purposes of this rule, means the rate of emissions, in tons per year, of a regulated NSR pollutant, as determined in accordance with paragraphs “1” through “4.”
    1. For any existing electric utility steam generating unit, baseline actual emissions means the average rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the five-year period immediately preceding when the owner or operator begins actual construction of the project. The department shall allow the use of a different time period upon a determination that it is more representative of normal source operation.
      1. The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions.
      2. The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above an emissions limitation that was legally enforceable during the consecutive 24-month period.
      3. For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period can be used for each regulated NSR pollutant.
      4. The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by paragraph “1”(b) of this definition.
    1. For an existing emissions unit (other than an electric utility steam generating unit), baseline actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the ten-year period immediately preceding either the date the owner or operator begins actual construction of the project, or the date on which a complete permit application is received by the department for a permit required either under this rule or under a plan approved by the Administrator, whichever is earlier, except that the ten-year period shall not include any period earlier than November 15, 1990.
      1. The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions.
      2. The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period.
      3. The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply, had such major stationary source been required to comply with such limitations during the consecutive 24-month period. However, if an emission limitation is part of a maximum achievable control technology standard that the Administrator proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted if the state has taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the requirements of 31.3(3)“b”(7).
      4. For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period can be used for each regulated NSR pollutant.
      5. The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by paragraphs “2”(b) and “2”(c) of this definition.
    1. For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of such unit shall equal zero, and thereafter, for all other purposes, shall equal the unit’s potential to emit.
    2. For a PAL for a major stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in paragraph “1,” for other existing emissions units in accordance with the procedures contained in paragraph “2,” and for a new emissions unit in accordance with the procedures contained in paragraph “3.”
            "Begin actual construction" means, in general, initiation of physical on-site construction activities on an emissions unit that are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. With respect to a change in method of operating, this term refers to those on-site activities other than preparatory activities that mark the initiation of the change.        "Best available control technology" "BACT" means an emissions limitation, including a visible emissions standard, based on the maximum degree of reduction for each regulated NSR pollutant that would be emitted from any proposed major stationary source or major modification that the department, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant. In no event shall application of best available control technology result in emissions of any pollutant that would exceed the emissions allowed by any applicable standard under 567—subrules 23.1(2) through 23.1(5) (standards for new stationary sources, federal standards for hazardous air pollutants, and federal emissions guidelines), or federal regulations as set forth in 40 CFR Parts 60, 61, and 63 but not yet adopted by the state. If the department determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, or operational standard or combination thereof may be prescribed instead to satisfy the requirement for the application of BACT. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice, or operation and shall provide for compliance by means that achieve equivalent results.        "Building, structure, facility, or installation" means all of the pollutant-emitting activities that belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control) except the activities of any vessel. Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same major group (i.e., that have the same two-digit code) as described in the Standard Industrial Classification Manual, 1972, as amended by the 1977 Supplement (U.S. Government Printing Office stock numbers 4101-0065 and 003-005-00176-0, respectively).        "CFR" means the Code of Federal Regulations, with standard references in this chapter by title and part, so that “40 CFR 51” or “40 CFR Part 51” means “Title 40 Code of Federal Regulations, Part 51.”        "Clean coal technology" means any technology, including technologies applied at the precombustion, combustion, or post-combustion stage, at a new or existing facility that will achieve significant reductions in air emissions of sulfur dioxide or oxides of nitrogen associated with the utilization of coal in the generation of electricity, or process steam that was not in widespread use as of November 15, 1990.        "Clean coal technology demonstration project" means a project using funds appropriated under the heading “Department of Energy—Clean Coal Technology,” up to a total amount of $2,500,000,000 for commercial demonstration of clean coal technology, or similar projects funded through appropriations for the EPA. The federal contribution for a qualifying project shall be at least 20 percent of the total cost of the demonstration project.        "Commence," as applied to construction of a major stationary source or major modification, means that the owner or operator has all necessary preconstruction approvals or permits and either has:
    1. Begun, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time; or
    2. Entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time.
            "Construction" means any physical change or change in the method of operation, including fabrication, erection, installation, demolition, or modification of an emissions unit, that would result in a change in emissions.        "Continuous emissions monitoring system" "CEMS" means all of the equipment that may be required to meet the data acquisition and availability requirements of this rule, to sample, to condition (if applicable), to analyze, and to provide a record of emissions on a continuous basis.        "Continuous emissions rate monitoring system" "CERMS" means the total equipment required for the determination and recording of the pollutant mass emissions rate (in terms of mass per unit of time).        "Continuous parameter monitoring system" "CPMS" means all of the equipment necessary to meet the data acquisition and availability requirements of this rule, to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O2 or CO2 concentrations), and to record average operational parameter value(s) on a continuous basis.        "Electric utility steam generating unit" means any steam electric generating unit that is constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than 25 MW electrical output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility.        "Emissions unit" means any part of a stationary source that emits or would have the potential to emit any regulated NSR pollutant and includes an electric steam generating unit. For purposes of this rule, there are two types of emissions units as described in paragraphs “1” and “2.”
    1. A new emissions unit is any emissions unit that is (or will be) newly constructed and that has existed for less than two years from the date such emissions unit first operated.
    2. An existing emissions unit is any emissions unit that does not meet the requirements in paragraph “1” of this definition. A replacement unit is an existing emissions unit.
            "Federal land manager" means, with respect to any lands in the United States, the secretary of the department with authority over such lands.        "Federally enforceable" means all limitations and conditions that are enforceable by the Administrator and the department, including those federal requirements not yet adopted by the state, developed pursuant to 40 CFR Parts 60, 61, and 63; requirements within 567—subrules 23.1(2) through 23.1(5); requirements within the SIP; any permit requirements established pursuant to 40 CFR §52.21 or under regulations approved pursuant to 40 CFR Part 51, Subpart I, as amended through October 20, 2010, including operating permits issued under an EPA-approved program that is incorporated into the SIP and expressly requires adherence to any permit issued under such program.        "Fugitive emissions" means those emissions that could not reasonably pass through a stack, chimney, vent or other functionally equivalent opening.        "Lowest achievable emissions rate" "LAER" means, for any source, the more stringent rate of emissions based on the following:
    1. The most stringent emissions limitation that is contained in the implementation plan of any state for such class or category of stationary source, unless the owner or operator of the proposed stationary source demonstrates that such limitations are not achievable; or
    2. The most stringent emissions limitation that is achieved in practice by such class or category of stationary sources. This limitation, when applied to a modification, means the lowest achievable emissions rate for the new or modified emissions units within a stationary source. In no event shall the application of the term permit a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under an applicable new source standard of performance.
            "Major modification" means any physical change in, or change in the method of, operation of a major stationary source that would result in a significant emissions increase of a regulated NSR pollutant and a significant net emissions increase of that pollutant from the major stationary source.
    1. Any significant emissions increase from any emissions units or net emissions increase at a major stationary source that is significant for volatile organic compounds shall be considered significant for ozone.
    2. A physical change or change in the method of operation shall not include:
      1. Routine maintenance, repair, and replacement;
      2. Use of an alternative fuel or raw material by reason of an order under Sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan pursuant to the Federal Power Act;
      3. Use of an alternative fuel by reason of an order or rule Section 125 of the Act;
      4. Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste;
      5. Use of an alternative fuel or raw material by a stationary source that the source was capable of accommodating before December 21, 1976, unless such change would be prohibited under any federally enforceable permit condition that was established after December 12, 1976, pursuant to 40 CFR §52.21 or under regulations approved pursuant to 40 CFR Subpart I or §51.166; or the source is approved to use under any permit issued under regulations approved pursuant to this rule;
      6. An increase in the hours of operation or in the production rate, unless such change is prohibited under any federally enforceable permit condition that was established after December 21, 1976, pursuant to 40 CFR §52.21 or regulations approved pursuant to 40 CFR Part 51, Subpart I, or 40 CFR §51.166;
      7. Any change in ownership at a stationary source;
      8. Reserved.
      9. The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the project complies with the SIP, and other requirements necessary to attain and maintain the national ambient air quality standard during the project and after it is terminated.
    1. This definition shall not apply with respect to a particular regulated NSR pollutant when the major stationary source is complying with the requirements under 567—31.9(455B) for a PAL for that pollutant. Instead, the definition in 567—31.9(455B) shall apply.
    2. For the purpose of applying the requirements of 31.3(8) to modifications at major stationary sources of nitrogen oxides located in ozone nonattainment areas or in ozone transport regions, whether or not subject to Subpart 2, Part D, Title I of the Act, any significant net emissions increase of nitrogen oxides is considered significant for ozone.
    3. Any physical change in, or change in the method of operation of, a major stationary source of volatile organic compounds that results in any increase in emissions of volatile organic compounds from any discrete operation, emissions unit, or other pollutant emitting activity at the source shall be considered a significant net emissions increase and a major modification for ozone, if the major stationary source is located in an extreme ozone nonattainment area that is subject to Subpart 2, Part D, Title I of the Act.
            "Major stationary source" means:
    1. Any stationary source of air pollutants that emits, or has the potential to emit, 100 tons per year or more of any regulated NSR pollutant, except that lower emissions thresholds shall apply in areas subject to Subpart 2, Subpart 3, or Subpart 4 of Part D, Title I of the Act, according to definitions in 31.3(1).
      1. 50 tons per year of volatile organic compounds in any serious ozone nonattainment area.
      2. 50 tons per year of volatile organic compounds in an area within an ozone transport region, except for any severe or extreme ozone nonattainment area.
      3. 25 tons per year of volatile organic compounds in any severe ozone nonattainment area.
      4. 10 tons per year of volatile organic compounds in any extreme ozone nonattainment area.
      5. 50 tons per year of carbon monoxide in any serious nonattainment area for carbon monoxide, where stationary sources contribute significantly to carbon monoxide levels in the area (as determined under rules issued by the Administrator as amended through [the effective date of these rules]).
      6. 70 tons per year of PM10 in any serious nonattainment area for PM10.
    1. For the purposes of applying the requirements of 31.3(8) to stationary sources of nitrogen oxides located in an ozone nonattainment area or in an ozone transport region, any stationary source that emits, or has the potential to emit, 100 tons per year or more of nitrogen oxides emissions, except that the following emission thresholds apply in areas subject to Subpart 2 of Part D, Title I of the Act:
      1. 100 tons per year or more of nitrogen oxides in any ozone nonattainment area classified as marginal or moderate.
      2. 100 tons per year or more of nitrogen oxides in any ozone nonattainment area classified as a transitional, submarginal, or incomplete or no data area, when such area is located in an ozone transport region.
      3. 100 tons per year or more of nitrogen oxides in any area designated under Section 107(d) of the Act as attainment or unclassifiable for ozone that is located in an ozone transport region.
      4. 50 tons per year or more of nitrogen oxides in any serious nonattainment area for ozone.
      5. 25 tons per year or more of nitrogen oxides in any severe nonattainment area for ozone.
      6. 10 tons per year or more of nitrogen oxides in any extreme nonattainment area for ozone.
    1. Any physical change that would occur at a stationary source not qualifying under 31.3(1) as a major stationary source, if the change would constitute a major stationary source by itself.
    2. A major stationary source that is major for volatile organic compounds shall be considered major for ozone.
    3. The fugitive emissions of a stationary source shall not be included in determining for any of the purposes of this rule whether it is a major stationary source, unless the source belongs to one of the following categories of stationary sources: coal cleaning plants (with thermal dryers); kraft pulp mills; Portland cement plants; primary zinc smelters; iron and steel mills; primary aluminum ore reduction plants; primary copper smelters; municipal incinerators capable of charging more than 250 tons of refuse per day; hydrofluoric, sulfuric, or nitric acid plants; petroleum refineries; lime plants; phosphate rock processing plants; coke oven batteries; sulfur recovery plants; carbon black plants (furnace process); primary lead smelters; fuel conversion plants; sintering plants; secondary metal production plants; 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) codes 325193 or 312140); fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input; petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; taconite ore processing plants; glass fiber processing plants; charcoal production plants; fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; and any other stationary source category that, as of August 7, 1980, is being regulated under Section 111 or 112 of the Act.
            "Necessary preconstruction approvals or permits" means those permits or approvals required under federal air quality control laws and regulations and those air quality control laws and regulations that are part of the SIP.        "Net emissions increase" means, with respect to any regulated NSR pollutant emitted by a major stationary source, the amount by which the sum of the following exceeds zero: the increase in emissions from a particular physical change or change in the method of operation at a stationary source as calculated according to the applicability requirements of 31.3(2)“b,” and any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for calculating increases and decreases shall be determined as provided in the definition of “baseline actual emissions,” except that paragraphs “1”(c) and “2”(d) shall not apply.
    1. An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if the increase or decrease in actual emissions occurs between the date five years before construction on the particular change commences and the date that the increase from the particular change occurs.
    2. An increase or decrease in actual emissions is creditable only if:
    1. The increase or decrease in actual emissions occurs within the contemporaneous time period, as noted in paragraph “1” of this definition; and
    2. The department has not relied on the increase or decrease in actual emissions in issuing a permit for the source under this rule, which permit is in effect when the increase in actual emissions from the particular change occurs.
    3. Reserved.
    1. An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level.
    2. A decrease in actual emissions is creditable only to the extent that:
      1. The old level of actual emission or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions;
      2. It is enforceable as a practical matter at and after the time that actual construction on the particular change begins;
      3. The department has not relied on a decrease in actual emissions in issuing any permit under regulations approved pursuant to 40 CFR Part 51, Subpart I, or has not relied on a decrease in actual emissions in demonstrating attainment or reasonable further progress; and
      4. The decrease in actual emissions has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.
    3. An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days.
    4. Actual emissions shall not apply for determining creditable increases and decreases or after a change.
            "Nonattainment new source review program" "NNSR program" means a major source preconstruction permit program that has been approved by the Administrator and incorporated into the plan to implement the requirements of this rule, or a program that implements 40 CFR Part 51, Appendix S, Sections I through VI, as amended through October 25, 2012. Any permit issued under such a program is a major NSR permit.        "Pollution prevention" means any activity that, through process changes, product reformulation or redesign, or substitution of less polluting raw materials, eliminates or reduces the release of air pollutants (including fugitive emissions) and other pollutants to the environment prior to recycling, treatment, or disposal. “Pollution prevention” does not mean recycling (other than certain in-process recycling practices), energy recovery, treatment, or disposal.        "Potential to emit" means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a 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 only if the limitation or the effect it would have on emissions is federally enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source.        "Predictive emissions monitoring system" "PEMS" means all of the equipment necessary to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O2 or CO2 concentrations), and calculate and record the mass emissions rate (for example, lb/hr) on a continuous basis.        "Prevention of significant deterioration permit" "PSD permit" means any permit that is issued under a major source preconstruction permit program that has been approved by the Administrator and incorporated into the plan to implement the requirements of 40 CFR §51.166, or under the program in 40 CFR §52.21.        "Project" means a physical change in, or change in the method of operation of, an existing major stationary source.        "Projected actual emissions" means the maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated NSR pollutant in any one of the five years (12-month period) following the date the unit resumes regular operation after the project, or in any one of the ten years following that date, if the project involves increasing the emissions unit’s design capacity or its potential to emit of that regulated NSR pollutant and full utilization of the unit would result in a significant emissions increase or a significant net emissions increase at the major stationary source. In determining the projected actual emissions before beginning actual construction, the owner or operator of the major stationary source:
    1. Shall consider all relevant information including, but not limited to, historical operational data, the company’s own representations, the company’s expected business activity and the company’s highest projections of business activity, the company’s filings with the state or federal regulatory authorities, and compliance plans under the approved plan; and
    2. Shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions; and
    3. Shall exclude, in calculating any increase in emissions that results from the particular project, that portion of the unit’s emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions and that are also unrelated to the particular project, including any increased utilization due to product demand growth; or
    4. In lieu of using the method set out in paragraphs “1” through “3,” may elect to use the emissions unit’s potential to emit, in tons per year.
            "Reasonable period" means an increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if the increase or decrease in actual emissions occurs between the date five years before construction on the particular change commences and the date that the increase from the particular change occurs.        "Regulated NSR 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 identified as a constituent or precursor of a general pollutant listed under paragraph “1” or “2,” provided that such constituent or precursor pollutant may only be regulated under NSR as part of regulation of the general pollutant. Precursors identified by the Administrator for purposes of NSR are the following:
      1. Volatile organic compounds and nitrogen oxides are precursors to ozone in all ozone nonattainment areas.
      2. Sulfur dioxide is a precursor to PM2.5 in all PM2.5 nonattainment areas.
      3. Nitrogen oxides are presumed to be precursors to PM2.5 in all PM2.5 nonattainment areas, unless the department demonstrates to the EPA’s satisfaction or the EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to the area’s ambient PM2.5 concentrations.
      4. Volatile organic compounds and ammonia are presumed not to be precursors to PM2.5 in any PM2.5 nonattainment area, unless the department demonstrates to the EPA’s satisfaction or the EPA demonstrates that emissions of volatile organic compounds or ammonia from sources in a specific area are a significant contributor to that area’s ambient PM2.5 concentrations; or
    1. PM2.5 emissions and PM10 emissions shall include gaseous emissions from a source or activity that condense to form particulate matter at ambient temperatures.
            "Replacement unit" means an emissions unit for which all the criteria listed in paragraphs “1” through “4” of this definition are met. No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced.
    1. The emissions unit is a reconstructed unit within the meaning of 40 CFR §60.15(b)(1) as amended through December 16, 1975, or the emissions unit completely takes the place of an existing emissions unit.
    2. The emissions unit is identical to or functionally equivalent to the replaced emissions unit.
    3. The replacement does not alter the basic design parameters of the process unit.
    4. The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. If the replaced emissions unit is brought back into operation, it shall constitute a new emissions unit.
            "Reviewing authority" means the department of natural resources.        "Secondary emissions" means emissions that would occur as a result of the construction or operation of a major stationary source or major modification but do not come from the major stationary source or major modification itself. For the purpose of this rule, “secondary emissions” must be specific, be well defined, be quantifiable, and impact the same general area as the stationary source or modification that causes the secondary emissions. “Secondary emissions” includes emissions from any offsite support facility that would not be constructed or increase its emissions except as a result of the construction of operation of the major stationary source of major modification. “Secondary emissions” does not include any emissions that come directly from a mobile source such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel.        "Significant" means:
    1. In reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates: Pollutant Emission Rate
    1. Carbon monoxide: 100 tons per year (tpy)
    2. Nitrogen oxides: 40 tpy
    3. Sulfur dioxide: 40 tpy
    4. Ozone: 40 tpy of volatile organic compounds or nitrogen oxides
    5. Lead: 0.6 tpy
    6. PM10: 15 tpy
    7. PM2.5: 10 tpy of direct PM2.5 emissions, 40 tpy of sulfur dioxide emissions, or 40 tpy of nitrogen oxide emissions unless the department demonstrates to the EPA’s satisfaction that the emissions of nitrogen oxides from sources in a specific area are not a significant contributor to the area’s ambient PM2.5 concentrations.
    1. Notwithstanding the significant emissions rate for ozone, “significant” means, in reference to an emissions increase or a net emissions increase, any increase in actual emissions of volatile organic compounds that would result from any physical change in, or change in the method of operation of, a major stationary source locating in a serious or severe ozone nonattainment area that is subject to Subpart 2, Part D, Title I of the Act, if such emissions increase of volatile organic compounds exceeds 25 tons per year.
    2. For the purposes of applying the requirements of 31.3(8) to modifications at major stationary sources of nitrogen oxides located in an ozone nonattainment area or in an ozone transport region, the significant emission rates and other requirements for volatile organic compounds in paragraphs “1,” “2,” and “5” shall apply to nitrogen oxides emissions.
    3. Notwithstanding the significant emissions rate for carbon monoxide, “significant” means, in reference to an emissions increase or a net emissions increase, any increase in actual emissions of carbon monoxide that would result from any physical change in, or change in the method of operation of, a major stationary source in a serious nonattainment area for carbon monoxide if such increase equals or exceeds 50 tons per year, provided the department has determined that stationary sources contribute significantly to carbon monoxide levels in that area.
    4. Notwithstanding the significant emissions rates for ozone under paragraphs “1” and “2,” any increase in actual emissions of volatile organic compounds from any emissions unit at a major stationary source of volatile organic compounds located in an extreme ozone nonattainment area that is subject to Subpart 2, Part D, Title I of the Act shall be considered a significant net emissions increase.
            "Significant emissions increase" means, for a regulated NSR pollutant, an increase in emissions that is significant for that pollutant.        "Stationary source" means any building, structure, facility, or installation that emits or may emit a regulated NSR pollutant.        "Temporary clean coal technology demonstration project" means a clean coal technology demonstration project that is operated for a period of five years or less and that complies with the SIP and other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated.        "Volatile organic compounds" "VOC" means any compound included in the definition of “volatile organic compounds” found at 40 CFR §51.100(s) as amended through February 8, 2023.
        31.3(2) Applicability procedures.      a.    This subrule adopts a preconstruction review program to satisfy the requirements of Sections 172(c)(5) and 173 of the Act for any area designated nonattainment for any national ambient air quality standard under Subpart C of 40 CFR Part 81 as amended through August 5, 2013, and shall apply to any new major stationary source or major modification that is major for the pollutant for which the area is designated nonattainment under Section 107(d)(1)(A)(i) of the Act, if the stationary source or modification would locate anywhere in the designated nonattainment area.    b.    Each plan shall use the specific provisions of subparagraphs (1) through (6) of this paragraph. Deviations from these provisions will be approved only if the submitted provisions are more stringent than or at least as stringent in all respects as the corresponding provisions in subparagraphs (1) through (6) of this paragraph.    (1)   Except as otherwise provided in 31.3(2)“c,” and consistent with the definition of major modification, a project is a major modification for a regulated NSR pollutant if it causes two types of emissions increases—a significant emissions increase and a significant net emissions increase. The project is not a major modification if it does not cause a significant emissions increase. If the project causes a significant emissions increase, then the project is a major modification only if it also results in a significant net emissions increase.    (2)   The procedure for calculating (before beginning actual construction) whether a significant emissions increase (i.e., the first step of the process) will occur depends upon the type of emissions units being modified, according to subparagraphs (3) through (6) of this paragraph. The procedure for calculating (before beginning actual construction) whether a significant net emissions increase will occur at the major stationary source. Regardless of any such preconstruction projections, a major modification results if the project causes a significant emissions increase and a significant net emissions increase.    (3)   Actual-to-projected-actual applicability test for projects that only involve existing emissions units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the projected actual emissions and the baseline actual emissions, for each existing emissions unit, equals or exceeds the significant amount for that pollutant.    (4)   Actual-to-potential test for projects that only involve construction of a new emissions unit(s). A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the potential to emit from each new emissions unit following completion of the project and the baseline actual emissions of these units before the project equals or exceeds the significant amount for that pollutant.    (5)   Reserved.    (6)   Hybrid test for projects that involve multiple types of emissions units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the emissions increases for each emissions unit, using the method specified in subparagraphs (3) and (4) of this paragraph as applicable with respect to each emissions unit, for each type of emissions unit equals or exceeds the significant amount for that pollutant.    c.    The plan shall require that for any major stationary source for a PAL for a regulated NSR pollutant, the major stationary source shall comply with requirements under 567—31.9(455B).    31.3(3) Creditable offsets.      a.    For sources and modifications subject to any preconstruction review program, the baseline for determining credit for emissions reductions is the emissions limit in effect at the time the application to construct is filed, except that the offset baseline shall be the actual emissions of the source from which offset credit is obtained where:    (1)   The demonstration of reasonable further progress and attainment of ambient air quality standards is based upon the actual emissions of sources located within a designated nonattainment area for which the preconstruction review program was adopted; or    (2)   The SIP does not contain an emissions limitation for that source or source category.    b.    Providing that:    (1)   Where the emissions limit under the SIP allows greater emissions than the potential to emit of the source, emissions offset credit will be allowed only for control below this potential;    (2)   For an existing fuel combustion source, credit shall be based on the allowable emissions under the SIP for the type of fuel being burned at the time the application to construct is filed. If the existing source commits to switch to a cleaner fuel at some future date, emissions offset credit based on the allowable (or actual) emissions for the fuels involved is not acceptable, unless the permit is conditioned to require the use of a specified alternative control measure that would achieve the same degree of emissions reduction should the source switch back to a dirtier fuel at some later date. The department should ensure that adequate long-term supplies of the new fuel are available before granting emissions offset credit for fuel switches;    (3)   Emissions reductions achieved by shutting down an existing emissions unit or curtailing production or operating hours may be generally credited for offsets if such reductions are surplus, permanent, quantifiable, and federally enforceable; and the shutdown or curtailment occurred after the last day of the base year for the SIP planning process. For purposes of this subparagraph, the department may choose to consider a prior shutdown or curtailment to have occurred after the last day of the base year if the projected emissions inventory used to develop the attainment demonstration explicitly includes the emissions from such previously shutdown or curtailed emissions units. However, in no event may credit be given for shutdowns that occurred before August 7, 1977.Emissions reductions achieved by shutting down an existing emissions unit or curtailing production or operating hours and that do not meet the requirements above may be generally credited only if the shutdown or curtailment occurred on or after the date the construction permit application is filed; or the applicant can establish that the proposed new emissions unit is a replacement for the shutdown or curtailed emissions unit, and the emissions reductions achieved by the shutdown or curtailment met the requirements of this subparagraph;    (4)   No emissions credit may be allowed for replacing one hydrocarbon compound with another of lesser reactivity, except for those compounds listed in Table 1 of the EPA’s “Recommended Policy on Control of Volatile Organic Compounds” (42 FR 35314, July 8, 1977);    (5)   All emission reductions claimed as offset credit shall be federally enforceable;    (6)   Procedures relating to the permissible location of offsetting emissions shall be followed that are at least as stringent as those set out in 40 CFR Part 51, Appendix S, Section IV.D, as amended on October 25, 2012;    (7)   Credit for an emissions reduction can be claimed to the extent that the department has not relied on it in issuing any permit under regulations approved pursuant to 40 CFR Part 51, Subpart I, or the state has not relied on it in demonstration attainment or reasonable further progress;    (8)   and (9) Reserved.    (10)   The total tonnage of increased emissions, in tons per year, resulting from a major modification that must be offset in accordance with Section 173 of the Act shall be determined by summing the difference between the allowable emissions after the modification and the actual emissions before the modification for each emissions unit.    31.3(4) Fugitive emissions.  The department may provide that the provisions of this subrule do not apply to a source or modification that would be a major stationary source or major modification only if fugitive emissions, to the extent quantifiable, are considered in calculating the potential to emit of the stationary source or modification and the source does not belong to any of the following categories: coal cleaning plants (with thermal dryers); kraft pulp mills; Portland cement plants; primary zinc smelters; iron and steel mills; primary aluminum ore reduction plants; primary copper smelters; municipal incinerators capable of charging more than 250 tons of refuse per day; hydrofluoric, sulfuric, or nitric acid plants; petroleum refineries; lime plants; phosphate rock processing plants; coke oven batteries; sulfur recovery plants; carbon black plants (furnace process); primary lead smelters; fuel conversion plants; sintering plants; secondary metal production plants; chemical process plants (the term chemical processing plant shall not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140); fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input; petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; taconite ore processing plants; glass fiber processing plants; charcoal production plants; fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; and any other stationary source category that, as of August 7, 1980, is being regulated under Section 111 or 112 of the Act.    31.3(5) Enforceable procedures.      a.    Approval to construct shall not relieve any owner or operator of the responsibility to comply fully with applicable provision of the plan and any other requirements under local, state, or federal law.    b.    At such time that a particular source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforcement limitation that was established after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then the requirements of this rule shall apply to the source or modification as though construction had not yet commenced on the source or modification.    31.3(6) Reasonable possibility.  Except as otherwise provided in 31.3(6)“f,” the following specific provisions apply with respect to any regulated NSR pollutant emitted from projects at existing emissions units at a major stationary source (other than projects at a source with a PAL) in circumstances where there is a reasonable possibility, within the meaning of 31.3(6)“f,” that a project that is not a part of a major modification may result in a significant emissions increase of such pollutant, and the owner or operator elects to use the method specified in paragraphs “1” through “3” of the definition of “projected actual emissions” for calculating projected actual emissions. Deviations from these provisions will be approved only if the state specifically demonstrates that the submitted provisions are more stringent than or at least as stringent in all respects as the corresponding provisions in 31.3(6)“a” through “f.”    a.    Before beginning actual construction of the project, the owner or operator shall document and maintain a record of the following information:    (1)   A description of the project;    (2)   Identification of the emissions unit(s) whose emissions of a regulated NSR pollutant could be affected by the project; and    (3)   A description of the applicability test used to determine that the project is not a major modification for any regulated NSR pollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under paragraph “3” of the definition of “projected actual emissions” and an explanation for why such amount was excluded, and any netting calculations, if applicable.    b.    If the emissions unit is an existing electric utility steam generating unit, before beginning actual construction, the owner or operator shall provide a copy of the information set out in 31.3(6)“a” to the department. Nothing in 31.3(6)“b” shall be construed to require the owner or operator of such a unit to obtain any determination from the reviewing authority before beginning actual construction.    c.    The owner or operator shall monitor the emissions of any regulated NSR pollutant that could increase as a result of the project and that is emitted by any emissions units identified in 31.3(6)“a”(2); and calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period of five years following resumption of regular operations after the change, or for a period of ten years following resumption of regular operations after the change if the project increases the design capacity or potential to emit of that regulated NSR pollutant at such emissions unit.    d.    If the unit is an existing electric utility steam generating unit, the owner or operator shall submit a report to the department within 60 days after the end of each year during which records must be generated under 31.3(6)“c” setting out the unit’s annual emissions during the year that preceded submission of the report.    e.    If the unit is an existing unit other than an electric utility steam generating unit, the owner or operator shall submit a report to the department if the annual emissions, in tons per year, from the project identified in 31.3(6)“a,” exceed the baseline actual emissions (as documented and maintained under 31.3(6)“a”(3)), by a significant amount for that regulated NSR pollutant, and if such emissions differ from the preconstruction projection as documented and maintained under 31.3(6)“a”(3). Such report shall be submitted to the department within 60 days after the end of such year. The report shall contain the following:    (1)   The name, address, and telephone number of the major stationary source;    (2)   The annual emissions as calculated pursuant to 31.3(6)“c”; and    (3)   Any other information that the owner or operator wishes to include in the report (e.g., an explanation as to why the emissions differ from the preconstruction projection).    f.    A reasonable possibility under this subrule occurs when the owner or operator calculates the project to result in either:    (1)   A projected actual emissions increase of at least 50 percent of the amount that is a significant emissions increase (without reference to the amount that is a significant net emissions increase) for the regulated NSR pollutant; or    (2)   A projected actual emissions increase that, added to the amount of emissions excluded under paragraph “3” of the definition of “projected actual emissions,” sums to at least 50 percent of the amount that is a significant emissions increase (without reference to the amount that is a significant net emissions increase) for the regulated NSR pollutant. For a project for which a reasonable possibility occurs only within the meaning of this subparagraph, and not also within the meaning of 31.3(6)“f”(1), then 31.3(6)“b” through “e” do not apply to the project.    31.3(7) Availability of records.  The owner or operator of the source shall make the information required to be documented and maintained pursuant to this subrule available for review upon a request for inspection by the department or the general public pursuant to the requirements contained in 40 CFR §70.4(b)(3)(viii) as amended through October 6, 2009.    31.3(8) Applicability to nitrogen oxides emissions.  The requirements of this subrule applicable to major stationary sources and major modifications of volatile organic compounds shall apply to nitrogen oxides emissions from major stationary sources and major modifications of nitrogen oxides in an ozone transport region or in any ozone nonattainment area, except in ozone nonattainment areas or in portions of an ozone transport region where the Administrator has granted a NOX waiver applying the standards set forth under Section 182(f) of the Act and the waiver continues to apply.    31.3(9) Offset ratios.      a.    In meeting the emissions offset requirements of 31.3(3), the ratio of total actual emissions reductions to the emissions increase shall be at least 1:1 unless an alternative ratio is provided for the applicable nonattainment area in 31.3(9)“b” through “d.”    b.    The plan shall require that in meeting the emissions offset requirements of 31.3(3) for ozone nonattainment areas that are subject to Subpart 2, Part D, Title I of the Act, the ratio of total actual emissions reductions of VOC to the emissions increase of VOC shall be as follows:    (1)   In any marginal nonattainment area for ozone—at least 1.1:1;    (2)   In any moderate nonattainment area for ozone—at least 1.15:1;    (3)   In any serious nonattainment area for ozone—at least 1.2:1;    (4)   In any severe nonattainment area for ozone—at least 1.3:1 (except that the ratio may be at least 1.2:1 if the approved plan also requires all existing major sources in such nonattainment area to use BACT for the control of VOC); and    (5)   In any extreme nonattainment area for ozone—at least 1.5:1 (except that the ratio may be at least 1.2:1 if the approved plan also requires all existing major sources in such nonattainment area to use BACT for the control of VOC).    c.    Notwithstanding the requirements of 31.3(9) for meeting the requirements of 31.3(3), the ratio of total actual emissions reductions of VOC to the emissions increase of VOC shall be at least 1.15:1 for all areas within an ozone transport region that is subject to Subpart 2, Part D, Title I of the Act, except for serious, severe, and extreme ozone nonattainment areas that are subject to Subpart 2, Part D, Title I of the Act.    d.    In meeting the emissions offset requirements of 31.3(3) for ozone nonattainment areas that are subject to Subpart 1, Part D, Title I of the Act (but are not subject to Subpart 2, Part D, Title I of the Act, including eight-hour ozone nonattainment areas subject to 40 CFR §51.902(b)), the ratio of total actual emissions reductions of VOC to the emissions increase of VOC shall be at least 1:1.    31.3(10) Applicability to PM10 precursors.  The requirements of this rule applicable to major stationary sources and major modifications of PM10 shall also apply to major stationary sources and major modifications of PM10 precursors.    31.3(11) Specifications for emissions offsets.  In meeting the emissions offset requirements of 31.3(3), the emissions offsets obtained shall be for the same regulated NSR pollutant unless interprecursor offsetting is permitted for a particular pollutant as specified in this subrule. The offset requirements in 31.3(3) for direct PM2.5 emissions or emissions of precursors of PM2.5 may be satisfied by offsetting reductions in direct PM2.5 emissions or emissions of any PM2.5 precursor if such offsets comply with the interprecursor trading hierarchy and ratio established in the approved plan for a particular nonattainment area.

    567—31.4(455B) Preconstruction review permit program.      31.4(1)   Sources shall comply with the requirements of Section 110(a)(2)(D)(i) of the Act for any new major stationary source or major modification as defined in 31.3(1). The definitions in 31.3(1) for “major stationary source” and “major modification” planning to locate in any area designated as attainment or unclassifiable for any national ambient air quality standard pursuant to Section 107 of the Act, apply when that source or modification would cause or contribute to a violation of any national ambient air quality standard.    31.4(2)   A major source or major modification will be considered to cause or contribute to a violation of a national ambient air quality standard when such source or modification would, at a minimum, exceed the following significance levels at any locality that does not or would not meet the applicable national standard:PollutantAnnualAveraging time (hours)24831SO21.0 μg/m35 μg/m325 μg/m3PM101.0 μg/m35 μg/m3PM2.50.3 μg/m31.2 μg/m3NO21.0 μg/m3CO0.5 mg/m32 mg/m3    31.4(3)   A proposed major source or major modification subject to this rule may reduce the impact of its emissions upon air quality by obtaining sufficient emission reductions to, at a minimum, compensate for its adverse ambient impact where the major source or major modification would otherwise cause or contribute to a violation of any national ambient air quality standard. In the absence of such emission reductions, the proposed construction permit application shall be denied.    31.4(4)   The requirements of this rule shall not apply to a major stationary source or major modification with respect to a particular pollutant if the owner or operator demonstrates that, as to that pollutant, the source or modification is located in an area designated as nonattainment pursuant to Section 107 of the Act.

    567—31.5()    Reserved.

    567—31.6()    Reserved.

    567—31.7()    Reserved.

    567—31.8()    Reserved.

    567—31.9(455B) Actuals PALs.  Except as provided in 31.9(1), the provisions for actuals PALs as specified in 40 CFR §51.165(f) as amended through March 30, 2011, are adopted by reference.    31.9(1)   The following portions of actuals PALs in 40 CFR §51.165(f) are modified to read as follows:    a.    40 CFR §51.165(f)(2): Definitions. The definitions in paragraphs (f)(2)(i) through (xi) of this section shall be applicable to actuals PALs for purposes of paragraphs (f)(1) through (15) of this section. Any terms not defined in paragraphs (f)(2)(i) through (xi) shall have the meaning prescribed by 567—31.3(455B) or the meaning prescribed by the Act.    b.    40 CFR §51.165(f)(8)(ii)(B): The reviewing authority shall have discretion to reopen the PAL permit for the following:    c.    40 CFR §51.165(f)(10)(ii): Application deadline. A major stationary source owner or operator shall submit a timely application to the reviewing authority to request renewal of a PAL. In order to be considered timely, the application shall be submitted at least 6 months prior to, but not earlier than 18 months prior to, the date of permit expiration. This deadline for application submittal is to ensure that the permit will not expire before the permit is renewed. If the owner or operator of a major stationary source submits a complete application to renew the PAL within this time period, then the PAL shall continue to be effective until the revised permit with the renewed PAL is issued.    d.    40 CFR §51.165(f)(15)(i): Each PAL shall comply with the requirements contained in paragraphs (f)(1) through (15) of this section.    e.    40 CFR §51.165(f)(15)(ii): Any PAL issued prior to January 15, 2014, may be superseded with a PAL that complies with the requirements of paragraphs (f)(1) through (15) of this section.    31.9(2)   Reserved.

    567—31.10(455B) Validity of rules.  If any provision of 567—31.3(455B) through 567—31.9(455B), or the application of such provision to any person or circumstance, is held invalid, the remainder of these rules, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.       These rules are intended to implement Iowa Code section 455B.133.
    ARC 7227CEnvironmental Protection Commission[567]Notice of Intended Action

    Proposing rulemaking related to animal feeding operations field study and providing an opportunity for public comment

        The Environmental Protection Commission (Commission) hereby proposes to rescind Chapter 32, “Animal Feeding Operations Field Study,” Iowa Administrative Code.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 455B.133.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code section 17A.7(2) and Executive Order 10 (January 10, 2023).Purpose and Summary    The Commission proposes to rescind Chapter 32. This chapter specifies how the Department of Natural Resources (Department) would conduct a field study to measure the levels of hydrogen sulfide, ammonia and odor near animal feeding operations. The required field study took place between 2003-2005, and the final report was issued in January 2006. The final report and associated study documents are available on the Department’s website at iowadnr.gov/Environmental-Protection/Air-Quality/Animal-Feeding-Operations. A complete chapter rescission is therefore appropriate.Fiscal Impact    This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found. Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 561—Chapter 10.Public Comment     Any interested person may submit written comments concerning this proposed rulemaking. Written comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on January 29, 2024. Comments should be directed to: Christine Paulson Iowa Department of Natural Resources Wallace State Office Building 502 East Ninth Street Des Moines, Iowa 50319 Email: christine.paulson@dnr.iowa.gov Public Hearing    A public hearing at which persons may present their views orally will be held via conference call as follows. Persons who wish to attend the public hearing should contact Christine Paulson via email or by phone at 515.725.9510. A virtual meeting link and conference call number will be provided prior to the hearing. The public hearing information will also be provided through the Air Quality e-newsletter (GovDelivery) and on the Department’s webpage at iowadnr.gov/Environmental-Protection/Air-Quality/Public-Participation (scroll down to Public Input and click on Executive Order 10 Implementation). Persons who wish to make comments at the public hearing must submit a request to Ms. Paulson prior to the hearing to facilitate an orderly hearing. January 29, 2024 1 p.m. Via video/conference call     Persons who wish to make oral comments at the public hearing will be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.    Any persons who intend to participate in the hearing and have special requirements, such as those related to hearing or vision impairments, should contact the Department and advise of specific needs.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rulemaking action is proposed:

        ITEM 1.    Rescind and reserve 567—Chapter 32.
    ARC 7223CEnvironmental Protection Commission[567]Notice of Intended Action

    Proposing rulemaking related to special regulations and construction permit requirements for major stationary sources and providing an opportunity for public comment

        The Environmental Protection Commission (Commission) hereby proposes to rescind Chapter 33, “Special Regulations and Construction Permit Requirements for Major Stationary Sources—Prevention of Significant Deterioration (PSD) of Air Quality,” and to adopt a new Chapter 33, “Construction Permit Requirements for Major Stationary Sources—Prevention of Significant Deterioration (PSD),” Iowa Administrative Code.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 455B.133.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code section 17A.7 and Executive Order 10 (January 10, 2023).Purpose and Summary    The Commission proposes to rescind and adopt a new Chapter 33. The proposed Chapter 33 will include updated and streamlined rules for the Prevention of Significant Deterioration (PSD).     The PSD program establishes the requirements for the preconstruction review and permitting program applicable to new or modified major stationary sources of air pollutants. These requirements are established under the U.S. Clean Air Act, Section 110(a)(2)(C) (42 USC §7410), and Iowa Code section 455B.133 to prevent significant deterioration of air quality. The PSD permits help ensure that large facilities with higher emitting equipment meet the National Ambient Air Quality Standards and other associated requirements to protect Iowa’s air quality while ensuring that economic growth can continue.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department of Natural Resources (Department) for a waiver of the discretionary provisions, if any, pursuant to 561—Chapter 10. Public Comment     Any interested person may submit written comments concerning this proposed rulemaking. Written comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on January 30, 2024. Comments should be directed to: Christine Paulson Iowa Department of Natural Resources Wallace State Office Building 502 East Ninth Street Des Moines, Iowa 50319 Email: christine.paulson@dnr.iowa.gov Public Hearing    Two public hearings at which persons may present their views orally will be held via conference call as follows. Persons who wish to attend the public hearings should contact Christine Paulson via email or by phone at 515.725.9510. A virtual meeting link and conference call number will be provided prior to each hearing. The public hearing information will also be provided through the Air Quality e-newsletter (GovDelivery) and on the Department’s webpage at iowadnr.gov/Environmental-Protection/Air-Quality/Public-Participation (scroll down to Public Input and click on Executive Order 10 Implementation). Persons who wish to make comments at either of the public hearings must submit a request to Ms. Paulson prior to the hearing to facilitate an orderly hearing. January 29, 2024 1 p.m. Via video/conference call January 30, 2024 1 p.m. Via video/conference call     Persons who wish to make oral comments at a public hearing will be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.    Any persons who intend to participate in the hearings and have special requirements, such as those related to hearing or vision impairments, should contact the Department and advise of specific needs. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rulemaking action is proposed:

        ITEM 1.    Rescind 567—Chapter 33 and adopt the following new chapter in lieu thereof: CHAPTER 33CONSTRUCTION PERMIT REQUIREMENTS FOR MAJOR STATIONARY SOURCES— PREVENTION OF SIGNIFICANT DETERIORATION (PSD)

    567—33.1(455B) Purpose.  This chapter implements the major new source review (NSR) program contained in Part C of Title I of the federal Clean Air Act as amended on November 15, 1990, and as promulgated under 40 CFR 51.166 and 52.21. This is a preconstruction review and permitting program applicable to new or modified major stationary sources of air pollutants regulated under Part C of the Clean Air Act as amended on November 15, 1990. In areas that do not meet the national ambient air quality standards (NAAQS), the nonattainment new source review (NNSR) program applies. The rules for the NNSR program are set forth in 567—Chapter 31. In areas that meet the NAAQS, the prevention of significant deterioration (PSD) program applies. Collectively, the NNSR and PSD programs are referred to as the major NSR program. An owner or operator required to apply for a construction permit under 567—Chapter 33 shall submit fees as specified in 567—Chapter 30.Rule 567—33.2(455B) is reserved.Rule 567—33.3(455B) sets forth the definitions, standards and permitting requirements that are specific to the PSD program.Rules 567—33.4(455B) through 567—33.8(455B) are reserved.Rule 567—33.9(455B) includes the conditions under which a source subject to PSD may obtain a plantwide applicability limitation (PAL) on emissions. An owner or operator requesting a PAL under 567—33.9(455B) shall submit fees as required in 567—Chapter 30.In addition to the requirements in this chapter, stationary sources may also be subject to the permitting requirements in 567—Chapter 22 and the rules for Title V operating permits in 567—Chapter 24.

    567—33.2()   Reserved.

    567—33.3(455B) PSD construction permit requirements for major stationary sources.      33.3(1) Definitions.  Definitions included in this subrule apply to the provisions set forth in this rule (PSD program requirements). For purposes of this rule and unless otherwise noted, the definitions herein apply. Definitions that are adopted by reference from 40 CFR 51.166 or 52.21 are as amended through July 19, 2021, unless otherwise noted. The following phrases contained in 40 CFR 51.166 are not adopted by reference: “it shall also provide that,” “mechanism whereby,” “the plan may provide that,” “the plan provides that,” “the plan shall provide,” and “the plan shall provide that.” Additionally, the term “the plan” shall mean “State Implementation Plan” or “SIP.”For purposes of this rule, the following terms have the meanings indicated in this subrule:        "Act" means the Clean Air Act, 42 U.S.C. Sections 7401, et seq., as amended through November 15, 1990.        "Actual emissions" means:
    1. The actual rate of emissions of a regulated NSR pollutant from an emissions unit, as determined in accordance with paragraphs “2” through “4,” except that this definition shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a PAL under 567—33.9(455B). Instead, the requirements specified under the definitions for “projected actual emissions” and “baseline actual emissions” shall apply for those purposes.
    2. 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 consecutive 24-month period that precedes the particular date and that is representative of normal source operation. The department shall allow the use of a different time period upon a determination that it is more representative of normal source operation. 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.
    3. The department may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions of the unit.
    4. For any emissions unit that has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date.
            "Administrator" means the administrator for the United States Environmental Protection Agency (EPA) or designee.        "Allowable emissions" means the emissions rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to federally enforceable limits or enforceable permit conditions that restrict the operating rate, or hours of operation, or both) and the most stringent of the following:
    1. The applicable standards as set forth in 567—subrules 23.1(2) through 23.1(5) (new source performance standards, emissions standards for hazardous air pollutants, and federal emissions guidelines) or an applicable federal standard not adopted by the state, as set forth in 40 CFR Parts 60, 61 and 63;
    2. The applicable SIP emissions limitation, including those with a future compliance date; or
    3. The emissions rate specified as an enforceable permit condition, including those with a future compliance date.
            "Baseline actual emissions," for the purposes of this chapter, means the rate of emissions, in tons per year, of a regulated NSR pollutant, as “regulated NSR pollutant” is defined in this subrule, and as determined in accordance with paragraphs “1” through “4.”
    1. For any existing electric utility steam generating unit, “baseline actual emissions” means the average rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the five-year period immediately preceding the date on which the owner or operator begins actual construction of the project. The department shall allow the use of a different time period upon a determination that it is more representative of normal source operation.
      1. The average rate shall include fugitive emissions to the extent quantifiable and emissions associated with startups, shutdowns, and malfunctions.
      2. The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above an emissions limitation that was legally enforceable during the consecutive 24-month period.
      3. For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period may be used for each regulated NSR pollutant.
      4. The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by paragraph “1”(b).
    1. For an existing emissions unit, other than an electric utility steam generating unit, “baseline actual emissions” means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the ten-year period immediately preceding either the date on which the owner or operator begins actual construction of the project, or the date on which a complete permit application is received by the department for a permit required either under this chapter or under a SIP approved by the Administrator, whichever is earlier, except that the ten-year period shall not include any period earlier than November 15, 1990.
      1. The average rate shall include fugitive emissions to the extent quantifiable and emissions associated with startups, shutdowns, and malfunctions.
      2. The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above an emissions limitation that was legally enforceable during the consecutive 24-month period.
      3. The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emissions limitation with which the major stationary source must currently comply, had such major stationary source been required to comply with such limitations during the consecutive 24-month period. However, if an emissions limitation is part of a maximum achievable control technology standard that the Administrator proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted if the state has taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the requirements of 40 CFR 51.165(a)(3)(ii)(G) as amended through November 29, 2005.
      4. For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period may be used for each regulated NSR pollutant.
      5. The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by paragraphs “2”(b) and “2”(c).
    1. For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of such unit shall equal zero; and thereafter, for all other purposes, shall equal the unit’s potential to emit.
    2. For a PAL for a stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in paragraph “1,” for other existing emissions units in accordance with the procedures contained in paragraph “2,” and for a new emissions unit in accordance with the procedures contained in paragraph “3.”
            "Baseline area" means:
    1. Any intrastate area (and every part thereof) designated as attainment or unclassifiable under Section 107(d)(1)(A)(ii) or (iii) of the Act in which the major source or major modification establishing the minor source baseline date would construct or would have an air quality impact for the pollutant for which the baseline date is established, as follows: equal to or greater than 1 μg/m3 (annual average) for sulfur dioxide (SO2), nitrogen dioxide (NO2) or PM10; or equal to or greater than 0.3 μg/m3 (annual average) for PM2.5.
    2. Area redesignations under Section 107(d)(1)(A)(ii) or (iii) of the Act cannot intersect or be smaller than the area of impact of any major stationary source or major modification that establishes a minor source baseline date or is subject to regulations specified in this rule, in 40 CFR 52.21 (PSD requirements), or in department rules approved by EPA and published in 40 CFR Part 51, Subpart I, as amended through October 20, 2010, and would be constructed in the same state as the state proposing the redesignation.
    3. Any baseline area established originally for the total suspended particulate increments shall remain in effect and shall apply for purposes of determining the amount of available PM10 increments, except that such baseline area shall not remain in effect if the permitting authority rescinds the corresponding minor source baseline date in accordance with the definition of “baseline date” specified in this subrule.
            "Baseline concentration" means:
    1. The ambient concentration level that exists in the baseline area at the time of the applicable minor source baseline date. A baseline concentration is determined for each pollutant for which a minor source baseline date is established and shall include:
      1. The actual emissions representative of sources in existence on the applicable minor source baseline date, except as provided in paragraph “2”;
      2. The allowable emissions of major stationary sources that commenced construction before the major source baseline date but were not in operation by the applicable minor source baseline date.
    1. The following will not be included in the baseline concentration and will affect the applicable maximum allowable increase(s):
      1. Actual emissions from any major stationary source on which construction commenced after the major source baseline date; and
      2. Actual emissions increases and decreases at any stationary source occurring after the minor source baseline date.
            "Baseline date" means:
    1. Either “major source baseline date” or “minor source baseline date” as follows:
      1. The “major source baseline date” means, in the case of PM10 and sulfur dioxide, January 6, 1975; in the case of nitrogen dioxide, February 8, 1988; and in the case of PM2.5, October 20, 2010.
      2. The “minor source baseline date” means the earliest date after the trigger date on which a major stationary source or a major modification subject to 40 CFR 52.21 as amended through October 20, 2010, or subject to this rule (PSD program requirements), or subject to a department rule approved by EPA and published in 40 CFR Part 51, Subpart I, as amended through October 20, 2010, submits a complete application under the relevant regulations. The trigger date for PM10 and sulfur dioxide is August 7, 1977. For nitrogen dioxide, the trigger date is February 8, 1988. For PM2.5, the trigger date is October 20, 2011.
    1. The “baseline date” is established for each pollutant for which increments or other equivalent measures have been established if:
      1. The area in which the proposed source or modification would construct is designated as attainment or unclassifiable under Section 107(d)(1)(A)(ii) or (iii) of the Act for the pollutant on the date of its complete application under 40 CFR 52.21 as amended through October 20, 2010, or under regulations specified in this rule (PSD program requirements); and
      2. In the case of a major stationary source, the pollutant would be emitted in significant amounts, or in the case of a major modification, there would be a significant net emissions increase of the pollutant.
    Any minor source baseline date established originally for the total suspended particulate increments shall remain in effect and shall apply for purposes of determining the amount of available PM10 increments, except that the reviewing authority may rescind any such minor source baseline date where it can be shown, to the satisfaction of the reviewing authority, that the emissions increase from the major stationary source, or the net emissions increase from the major modification, responsible for triggering that date did not result in a significant amount of PM10 emissions.
            "Begin actual construction" means, in general, initiation of physical on-site construction activities on an emissions unit that are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. With respect to a change in method of operation, this term refers to those on-site activities, other than preparatory activities, that mark the initiation of the change.        "Best available control technology" "BACT" means an emissions limitation, including a visible emissions standard, based on the maximum degree of reduction for each regulated NSR pollutant that would be emitted from any proposed major stationary source or major modification that the reviewing authority, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combination techniques for control of such pollutant. In no event shall application of best available control technology result in emissions of any pollutant that would exceed the emissions allowed by any applicable standard under 567—subrules 23.1(2) through 23.1(5) (standards for new stationary sources, federal standards for hazardous air pollutants, and federal emissions guidelines), or federal regulations as set forth in 40 CFR Parts 60, 61 and 63 but not adopted by the state. If the department determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard or combination thereof may be prescribed instead to satisfy the requirement for the application of best available control technology. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice or operation and shall provide for compliance by means that achieve equivalent results.        "Building, structure, facility, or installation" means all of the pollutant-emitting activities that belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control) except the activities of any vessel. Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same major group (i.e., that have the same two-digit code) as described in the Standard Industrial Classification Manual, 1972, as amended by the 1977 Supplement (U.S. Government Printing Office stock numbers 4101-0066 and 003-005-00176-0, respectively).        "CFR" means the Code of Federal Regulations, with standard references in this chapter by title and part, so that “40 CFR 51” or “40 CFR Part 51” means “Title 40 Code of Federal Regulations, Part 51.”        "Clean coal technology" means the definition of “clean coal technology” set forth in 40 CFR 52.21(b)(34) and is adopted by reference.        "Clean coal technology demonstration project" means the definition of “clean coal technology demonstration project” set forth in 40 CFR 52.21(b)(35) and is adopted by reference.        "Commence," as applied to construction of a major stationary source or major modification, means that the owner or operator has all necessary preconstruction approvals or permits and either has:
    1. Begun, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time; or
    2. Entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time.
            "Complete" means, in reference to an application for a permit, that the application contains all the information necessary for processing the application. Designating an application complete for purposes of permit processing does not preclude the department from requesting or accepting any additional information.        "Construction" means any physical change or change in the method of operation, including fabrication, erection, installation, demolition, or modification of an emissions unit, that would result in a change in emissions.        "Continuous emissions monitoring system" "CEMS" means the definition of “continuous emissions monitoring system” set forth in 40 CFR 52.21(b)(44) and is adopted by reference.        "Continuous emissions rate monitoring system" "CERMS" means the definition of “continuous emissions rate monitoring system” set forth in 40 CFR 52.21(b)(47) and is adopted by reference.        "Continuous parameter monitoring system" "CPMS" means the definition of “continuous parameter monitoring system” set forth in 40 CFR 52.21(b)(46) and is adopted by reference.        "Electric utility steam generating unit" means any steam electric generating unit that is constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than 25 MW electrical output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility.        "Emissions unit" means any part of a stationary source that emits or would have the potential to emit any regulated NSR pollutant and includes an electric utility steam generating unit. For purposes of this chapter, there are two types of emissions units:
    1. A new emissions unit is any emissions unit that is (or will be) newly constructed and that has existed for less than two years from the date such emissions unit first operated.
    2. An existing emissions unit is any emissions unit that does not meet the requirements in paragraph “1.” A replacement unit is an existing emissions unit.
            "Enforceable permit condition," for the purpose of this chapter, means any of the following limitations and conditions: requirements developed pursuant to new source performance standards, prevention of significant deterioration standards, emissions standards for hazardous air pollutants, requirements within the SIP, and any permit requirements established pursuant to this chapter, any permit requirements established pursuant to 40 CFR 52.21 or Part 51, Subpart I, as amended through October 20, 2010, or under construction or Title V operating permit rules.        "Federal land manager" means, with respect to any lands in the United States, the secretary of the department with authority over such lands.        "Federally enforceable" means all limitations and conditions that are enforceable by the Administrator and the department, including those federal requirements not adopted by the state, developed pursuant to 40 CFR Parts 60, 61 and 63; requirements within 567—subrules 23.1(2) through 23.1(5); requirements within the SIP; any permit requirements established pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51, Subpart I, as amended through October 20, 2010, including operating permits issued under an EPA-approved program, that are incorporated into the SIP and expressly require adherence to any permit issued under such program.        "Fugitive emissions" means those emissions that could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.        "High terrain" means any area having an elevation 900 feet or more above the base of the stack of a source.        "Indian governing body" means the governing body of any tribe, band, or group of Indians subject to the jurisdiction of the United States and recognized by the United States as possessing power of self-government.        "Indian reservation" means any federally recognized reservation established by treaty, agreement, executive order, or Act of Congress.        "Innovative control technology" means the definition of “innovative control technology” set forth in 40 CFR 52.21(b)(19) and is adopted by reference.        "Lowest achievable emissions rate" "LAER" means the definition of “lowest achievable emissions rate” or “LAER” set forth in 40 CFR 52.21(b)(53) and is adopted by reference.        "Low terrain" means any area other than high terrain.        "Major modification" means any physical change in or change in the method of operation of a major stationary source that would result in a significant emissions increase of a regulated NSR pollutant and a significant net emissions increase of that pollutant from the major stationary source.
    1. Any significant emissions increase from any emissions units or net emissions increase at a major stationary source that is significant for volatile organic compounds or NOx shall be considered significant for ozone.
    2. A physical change or change in the method of operation shall not include:
      1. Routine maintenance, repair and replacement;
      2. Use of an alternative fuel or raw material by reason of any order under Section 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 or by reason of a natural gas curtailment plan pursuant to the Federal Power Act;
      3. Use of an alternative fuel by reason of an order or rule under Section 125 of the Act;
      4. Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste;
      5. Use of an alternative fuel or raw material by a stationary source that the source was capable of accommodating before January 6, 1975, unless such change would be prohibited under any federally enforceable permit condition, or that the source is approved to use under any federally enforceable permit condition;
      6. An increase in the hours of operation or in the production rate, unless such change would be prohibited under any federally enforceable permit condition that was established after January 6, 1975;
      7. Any change in ownership at a stationary source;
      8. Reserved.
      9. The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the project complies with the requirements within the SIP; and other requirements necessary to attain and maintain the national ambient air quality standards during the project and after the project is terminated;
      10. The installation or operation of a permanent clean coal technology demonstration project that constitutes repowering, provided that the project does not result in an increase in the potential to emit of any regulated pollutant emitted by the unit. This exemption shall apply on a pollutant-by-pollutant basis;
      11. The reactivation of a very clean coal-fired electric utility steam generating unit.
    1. This definition shall not apply with respect to a particular regulated NSR pollutant when the major stationary source is complying with the requirements under 567—33.9(455B) for a PAL for that pollutant. Instead, the definition under 567—33.9(455B) shall apply.
            "Major source baseline date" is defined under the definition of “baseline date.”        "Major stationary source" means:
    1. (a) Any one of the following stationary sources of air pollutants that emits, or has the potential to emit, 100 tons per year or more of any regulated NSR pollutant:
    2. Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input;
    3. Coal cleaning plants (with thermal dryers);
    4. Kraft pulp mills;
    5. Portland cement plants;
    6. Primary zinc smelters;
    7. Iron and steel mill plants;
    8. Primary aluminum ore reduction plants;
    9. Primary copper smelters;
    10. Municipal incinerators capable of charging more than 50 tons of refuse per day;
    11. Hydrofluoric, sulfuric, and nitric acid plants;
    12. Petroleum refineries;
    13. Lime plants;
    14. Phosphate rock processing plants;
    15. Coke oven batteries;
    16. Sulfur recovery plants;
    17. Carbon black plants (furnace process);
    18. Primary lead smelters;
    19. Fuel conversion plants;
    20. Sintering plants;
    21. Secondary metal production plants;
    22. Chemical process plants (which does not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS code 325193 or 312140);
    23. Fossil-fuel boilers (or combinations thereof) totaling more than 250 million British thermal units per hour heat input;
    24. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;
    25. Taconite ore processing plants;
    26. Glass fiber processing plants; and
    27. Charcoal production plants.
    1. Notwithstanding the stationary source size specified in paragraph “1”(a), any stationary source that emits, or has the potential to emit, 250 tons per year or more of a regulated NSR pollutant; or
    2. Any physical change that would occur at a stationary source not otherwise qualifying under this definition as a major stationary source if the change would constitute a major stationary source by itself.
    1. A major source that is major for volatile organic compounds or NOx shall be considered major for ozone.
    2. The fugitive emissions of a stationary source shall not be included in determining for any of the purposes of this rule whether it is a major stationary source, unless the source belongs to one of the categories of stationary sources listed in paragraph “1”(a) or to any other stationary source category that, as of August 7, 1980, is being regulated under Section 111 or 112 of the Act.
            "Minor source baseline date" is defined under the definition of “baseline date.”        "Necessary preconstruction approvals or permits" means those permits or approvals required under federal air quality control laws and regulations and those air quality control laws and regulations that are part of the SIP.        "Net emissions increase" means, with respect to any regulated NSR pollutant emitted by a major stationary source, the amount by which the following exceeds zero:
  • The increase in emissions from a particular physical change or change in the method of operation at a stationary source as calculated according to the applicability requirements under 33.3(2); and
  • Any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for calculating increases and decreases under this definition of “net emissions increase” shall be determined as provided for under the definition of “baseline actual emissions,” except that paragraphs “1”(c) and “2”(d) of the definition of “baseline actual emissions,” which describe provisions for multiple emissions units, shall not apply.
    1. An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if the increase or decrease in actual emissions occurs between the date five years before construction on the particular change commences and the date that the increase from the particular change occurs.
    2. An increase or decrease in actual emissions is creditable only if:
      1. The increase or decrease in actual emissions occurs within the contemporaneous time period, as noted in paragraph “1” of this definition; and
      2. The department has not relied on the increase or decrease in actual emissions in issuing a permit for the source under this rule, which permit is in effect when the increase in actual emissions from the particular change occurs.
    1. An increase or decrease in actual emissions of sulfur dioxide, particulate matter, or nitrogen oxides that occurs before the applicable minor source baseline date is creditable only if the increase or decrease in actual emissions is required to be considered in calculating the amount of maximum allowable increases remaining available.
    2. An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level.
    3. A decrease in actual emissions is creditable only to the extent that:
      1. The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions;
      2. The decrease in actual emissions is enforceable as a practical matter at and after the time that actual construction on the particular change begins; and
      3. The decrease in actual emissions has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.
    1. An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days.
    2. The definition of “actual emissions,” paragraph “2,” shall not apply for determining creditable increases and decreases.
            "Nonattainment area" means an area so designated by the Administrator, acting pursuant to Section 107 of the Act.        "Permitting authority" means the Iowa department of natural resources or the director thereof.        "Pollution prevention" means any activity that, through process changes, product reformulation or redesign, or substitution of less polluting raw materials, eliminates or reduces the release of air pollutants (including fugitive emissions) and other pollutants to the environment prior to recycling, treatment, or disposal. “Pollution prevention” does not mean recycling (other than certain “in-process recycling” practices), energy recovery, treatment, or disposal.        "Potential to emit" means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a 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 or the effect it would have on emissions is federally enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source.        "Predictive emissions monitoring system" "PEMS" means the definition of “predictive emissions monitoring system” set forth in 40 CFR 52.21(b)(45) and is adopted by reference.        "Prevention of significant deterioration (PSD) program" means a major source preconstruction permit program that has been approved by the Administrator and incorporated into the SIP or means the program in 40 CFR 52.21. Any permit issued under such a program is a major NSR permit.        "Project" means a physical change in, or change in method of operation of, an existing major stationary source.        "Projected actual emissions," for the purposes of this chapter, means the maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated NSR pollutant in any one of the five years (12-month period) beginning on the first day of the month following the date when the unit resumes regular operation after the project, or in any one of the ten years following that date, if the project involves increasing the emissions unit’s design capacity or its potential to emit that regulated NSR pollutant, and full utilization of the unit would result in a significant emissions increase, or a significant net emissions increase at the major stationary source. For purposes of this definition, “regular” shall be determined by the department on a case-by-case basis.In determining the projected actual emissions before beginning actual construction, the owner or operator of the major stationary source:
    1. Shall consider all relevant information including, but not limited to, historical operational data, the company’s own representations, the company’s expected business activity and the company’s highest projections of business activity, the company’s filings with the state or federal regulatory authorities, and compliance plans under the approved plan; and
    2. Shall include fugitive emissions to the extent quantifiable and emissions associated with startups, shutdowns, and malfunctions; and
    3. Shall exclude, in calculating any increase in emissions that results from the particular project, that portion of the unit’s emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions and that are also unrelated to the particular project, including any increased utilization due to product demand growth; or
    4. In lieu of using the method set out in paragraphs “1” through “3,” may elect to use the emissions unit’s potential to emit, in tons per year.
            "Reactivation of a very clean coal-fired electric utility steam generating unit" means the definition of “reactivation of a very clean coal-fired electric utility steam generating unit” set forth in 40 CFR 52.21(b)(38) and is adopted by reference.        "Regulated NSR pollutant" means the following:
    1. Any pollutant for which a national ambient air quality standard has been promulgated and any constituents or precursors for such pollutants identified by the Administrator:
      1. Volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and unclassifiable areas;
      2. Sulfur dioxide is a precursor to PM2.5 in all attainment and unclassifiable areas;
      3. Nitrogen oxides are presumed to be precursors to PM2.5 in all attainment and unclassifiable areas, unless the department demonstrates to EPA’s satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to the area’s ambient PM2.5 concentrations;
      4. Volatile organic compounds are presumed not to be precursors to PM2.5 in any attainment and unclassifiable areas, unless the department demonstrates to EPA’s satisfaction or EPA demonstrates that emissions of volatile organic compounds from sources in a specific area are a significant contributor to that area’s ambient PM2.5 concentrations;
    1. Any pollutant that is subject to any standard promulgated under Section 111 of the Act;
    2. Any Class I or Class II substance subject to a standard promulgated under or established by Title VI of the Act; or
    3. Any pollutant that otherwise is subject to regulation under the Act as defined in 33.3(1), definition of “subject to regulation.”
    4. Notwithstanding paragraphs “1” through “4,” the definition of “regulated NSR pollutant” shall not include any or all hazardous air pollutants that are either listed in Section 112 of the Act or added to the list pursuant to Section 112(b)(2) of the Act and that have not been delisted pursuant to Section 112(b)(3) of the Act, unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a general pollutant listed under Section 108 of the Act.
    5. Particulate matter (PM) emissions, PM2.5 emissions and PM10 emissions shall include gaseous emissions from a source or activity that condense to form particulate matter at ambient temperatures.
            "Replacement unit" means an emissions unit for which all the criteria listed in paragraphs “1” through “4” are met. No creditable emissions reductions shall be generated from shutting down the existing emissions unit that is replaced.
    1. The emissions unit is a reconstructed unit within the meaning of 40 CFR 60.15(b)(1) as amended through December 16, 1975, or the emissions unit completely takes the place of an existing emissions unit.
    2. The emissions unit is identical to or functionally equivalent to the replaced emissions unit.
    3. The replacement does not change the basic design parameter(s) of the process unit.
    4. The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. If the replaced emissions unit is brought back into operation, it shall constitute a new emissions unit.
            "Repowering" means the definition of “repowering” set forth in 40 CFR 52.21(b)(37) and is adopted by reference.        "Reviewing authority" means the department, or the Administrator in the case of EPA-implemented permit programs under 40 CFR 52.21.        "Secondary emissions" means emissions that occur as a result of the construction or operation of a major stationary source or major modification but do not come from the major stationary source or major modification itself. For the purposes of this chapter, “secondary emissions” must be specific, well-defined, and quantifiable, and must impact the same general areas as the stationary source modification that causes the secondary emissions. “Secondary emissions” includes emissions from any offsite support facility that would not be constructed or increase its emissions except as a result of the construction or operation of the major stationary source or major modification. “Secondary emissions” does not include any emissions that come directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel.        "Significant" means:
    1. In reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates: Pollutant and Emissions Rate
    2. Carbon monoxide: 100 tons per year (tpy)
    3. Nitrogen oxides: 40 tpy
    4. Sulfur dioxide: 40 tpy
    5. Particulate matter: 25 tpy of particulate matter emissions
    6. PM10: 15 tpy
    7. PM2.5: 10 tpy of direct PM2.5 emissions; 40 tpy of sulfur dioxide emissions; 40 tpy of nitrogen oxide emissions (unless the department demonstrates to EPA’s satisfaction that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to the area’s ambient PM2.5 concentrations)
    8. Ozone: 40 tpy of volatile organic compounds or NOx
    9. Lead: 0.6 tpy
    10. Fluorides: 3 tpy
    11. Sulfuric acid mist: 7 tpy
    12. Hydrogen sulfide (H2S): 10 tpy
    13. Total reduced sulfur (including H2S): 10 tpy
    14. Reduced sulfur compounds (including H2S): 10 tpy
    15. Municipal waste combustor organics (measured as total tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans): 3.2 × 10-6 megagrams per year (3.5 × 10-6 tons per year)
    16. Municipal waste combustor metals (measured as particulate matter): 14 megagrams per year (15 tons per year)
    17. Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen chloride): 36 megagrams per year (40 tons per year)
    18. Municipal solid waste landfill emissions (measured as nonmethane organic compounds): 45 megagrams per year (50 tons per year)
    1. “Significant” means, for purposes of this rule and in reference to a net emissions increase or the potential of a source to emit a regulated NSR pollutant not listed in paragraph “1,” any emissions rate.
    2. Notwithstanding paragraph “1,” “significant,” for purposes of this rule, means any emissions rate or any net emissions increase associated with a major stationary source or major modification that would construct within ten kilometers of a Class I area and have an impact on such area equal to or greater than 1 μg/m3 (24-hour average).
            "Significant emissions increase" means, for a regulated NSR pollutant, an increase in emissions that is significant for that pollutant.        "State implementation plan" "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 they are adopted by the Administrator, pursuant to the Act.        "Stationary source" means any building, structure, facility, or installation that emits or may emit a regulated NSR pollutant.        "Subject to regulation" means, for any air pollutant, that the pollutant is subject to either a provision in the Act, or a nationally applicable regulation codified by the Administrator and published in 40 CFR Subchapter C (Air Programs) that requires actual control of the quantity of emissions of that pollutant, and that such a control requirement has taken effect and is operative to control, limit or restrict the quantity of emissions of that pollutant released from the regulated activity, except that:
    1. Greenhouse gases (GHGs), the air pollutant defined in 40 CFR 86.1818-12(a) (as amended through September 15, 2011) as the aggregate group of six greenhouse gases that includes carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride, shall not be subject to regulation except as provided in paragraph “4,” and shall not be subject to regulation if the stationary source maintains its total sourcewide emissions below the GHG PAL level, meets the requirements in 567—33.9(455B), and complies with the PAL permit containing the GHG PAL.
    2. For purposes of paragraphs “3” and “4,” the term “tpy CO2 equivalent emissions (CO2e)” shall represent an amount of GHGs emitted and shall be computed as follows:
      1. Multiply the mass amount of emissions (tpy) for each of the six greenhouse gases in the pollutant GHGs by the associated global warming potential of the gas published at 40 CFR Part 98, Subpart A, Table A-1, “Global Warming Potentials,” (as amended through December 24, 2014). For purposes of this definition, prior to July 21, 2014, the mass of the greenhouse gas carbon dioxide shall not include carbon dioxide emissions resulting from the combustion or decomposition of non-fossilized and biodegradable organic material originating from plants, animals, or microorganisms (including products, by-products, residues and waste from agriculture, forestry and related industries as well as the non-fossilized and biodegradable organic fractions of industrial and municipal wastes, including gases and liquids recovered from the decomposition of non-fossilized and biodegradable organic material).
      2. Sum the resultant value from paragraph (a) for each gas to compute a tpy CO2e.
    1. The term “emissions increase,” as used in this paragraph and in paragraph “4,” shall mean that both a significant emissions increase (as calculated using the procedures specified in 33.3(2)“c” through “h”) and a significant net emissions increase (as specified in 33.3(1), in the definitions of “net emissions increase” and “significant”) occur. For the pollutant GHGs, an emissions increase shall be based on tpy CO2e and shall be calculated assuming the pollutant GHGs are a regulated NSR pollutant, and “significant” is defined as 75,000 tpy CO2e rather than calculated by applying the value specified in 33.3(1), in paragraph “2” of the definition of “significant.”
    2. Beginning January 2, 2011, the pollutant GHGs are subject to regulation if:
      1. The stationary source is a new major stationary source for a regulated NSR pollutant that is not a GHG, and also will emit or will have the potential to emit 75,000 tpy CO2e or more, or
      2. The stationary source is an existing major stationary source for a regulated NSR pollutant that is not a GHG, and also will have an emissions increase of a regulated NSR pollutant and an emissions increase of 75,000 tpy CO2e or more.
            "Temporary clean coal technology demonstration project" means the definition of “temporary clean coal technology demonstration project” set forth in 40 CFR 52.21(b)(36) and is adopted by reference.        "Title V permit" means an operating permit under Title V of the Act.        "Volatile organic compounds" "VOC" means any compound included in the definition of “volatile organic compounds” found at 40 CFR 51.100(s) as amended through February 8, 2023.
        33.3(2) Applicability.  The requirements of this rule (PSD program requirements) apply to the construction of any new “major stationary source” as defined in 33.3(1) or any project at an existing major stationary source in an area designated as attainment or unclassifiable under Section 107(d)(1)(A)(ii) or (iii) of the Act. In addition to the provisions set forth in 567—33.3(455B) through 567—33.9(455B), the provisions of 40 CFR Part 51, Appendix W (Guideline on Air Quality Models) as amended through January 17, 2017, are adopted by reference. Provisions set forth in 567—33.3(455B) through 567—33.9(455B) that are adopted by reference from 40 CFR 51.166 or 52.21 are as amended through July 19, 2021, unless otherwise noted. The following phrases contained in 40 CFR 51.166 are not adopted by reference: “it shall also provide that,” “mechanism whereby,” “the plan may provide that,” “the plan provides that,” “the plan shall provide,” and “the plan shall provide that.” Additionally, the term “the plan” shall mean “State Implementation Plan” or “SIP.”    a.    The requirements of 33.3(10) through 33.3(18) apply to the construction of any new major stationary source or the major modification of any existing major stationary source, except as this rule (PSD program requirements) otherwise provides.    b.    No new major stationary source or major modification to which the requirements of 33.3(10) through 33.3(18)“e” apply shall begin actual construction without a permit that states that the major stationary source or major modification will meet those requirements.    c.    Except as otherwise provided in 33.3(2)“i” and “j,” and consistent with the definition of “major modification” contained in 33.3(1), a project is a major modification for a “regulated NSR pollutant” if it causes two types of emissions increases: a “significant emissions increase” and a “net emissions increase” that is “significant.” The project is not a major modification if it does not cause a significant emissions increase. If the project causes a significant emissions increase, then the project is a major modification only if it also results in a significant net emissions increase.    d.    The procedure for calculating (before beginning actual construction) whether a significant emissions increase (i.e., the first step of the process) will occur depends upon the type of emissions units being modified, according to paragraphs 33.3(2)“e” through “h” of this subrule. The procedure for calculating (before beginning actual construction) whether a significant net emissions increase will occur at the major stationary source (i.e., the second step of the process) is contained in the definition of “net emissions increase.” Regardless of any such preconstruction projections, a major modification results if the project causes a significant emissions increase and a significant net emissions increase.    e.    Actual-to-projected-actual applicability test for projects that only involve existing emissions units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the “projected actual emissions” and the “baseline actual emissions” for each existing emissions unit equals or exceeds the significant amount for that pollutant.    f.    Actual-to-potential test for projects that involve only construction of a new emissions unit(s). A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the “potential to emit” from each new emissions unit following completion of the project and the “baseline actual emissions” for a new emissions unit before the project equals or exceeds the significant amount for that pollutant.    g.    Reserved.    h.    Hybrid test for projects that involve multiple types of emissions units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the emissions increases for each emissions unit, using the method specified in paragraphs 33.3(2)“e” through “g” of this subrule, as applicable with respect to each emissions unit, for each type of emissions unit equals or exceeds the significant amount for that pollutant.    i.    For any major stationary source with a PAL for a regulated NSR pollutant, the major stationary source shall comply with rule requirements under 567—33.9(455B).    j.    Reserved.    33.3(3) Ambient air increments.  The provisions for ambient air increments as specified in 40 CFR 52.21(c) as amended through October 20, 2010, are adopted by reference.    33.3(4) Ambient air ceilings.  The provisions for ambient air ceilings as specified in 40 CFR 52.21(d) are adopted by reference.    33.3(5) Restrictions on area classifications.  The provisions for restrictions on area classifications as specified in 40 CFR 52.21(e) are adopted by reference.    33.3(6) Exclusions from increment consumption.  The provisions by which the SIP may provide for exclusions from increment consumption as specified in 40 CFR 51.166(f) are adopted by reference.     33.3(7) Redesignation.  The provisions for redesignation as specified in 40 CFR 52.21(g) are adopted by reference.    33.3(8) Stack heights.  The provisions for stack heights as specified in 40 CFR 52.21(h) are adopted by reference.    33.3(9) Exemptions.  The provisions for allowing exemptions from certain requirements for PSD-subject sources as specified in 40 CFR 52.21(i) are adopted by reference.    33.3(10) Control technology review.  The provisions for control technology review as specified in 40 CFR 52.21(j) are adopted by reference.    33.3(11) Source impact analysis.  The provisions for a source impact analysis as specified in 40 CFR 52.21(k) are adopted by reference.    33.3(12) Air quality models.  The provisions for air quality models as specified in 40 CFR 52.21(l) are adopted by reference.    33.3(13) Air quality analysis.  The provisions for an air quality analysis as specified in 40 CFR 52.21(m) are adopted by reference.    33.3(14) Source information.  The provisions for providing source information as specified in 40 CFR 52.21(n) are adopted by reference.    33.3(15) Additional impact analyses.  The provisions for an additional impact analysis as specified in 40 CFR 52.21(o) are adopted by reference.    33.3(16) Sources impacting federal Class I areas—additional requirements.  The provisions for sources impacting federal Class I areas as specified in 40 CFR 51.166(p) are adopted by reference.     33.3(17) Public participation.      a.    The department shall notify all applicants within 30 days as to the completeness of the application or any deficiency in the application or information submitted. In the event of such a deficiency, the date of receipt of the application shall be the date on which the department received all required information.    b.    Within one year after receipt of a complete application, the department shall:    (1)   Make a preliminary determination whether construction should be approved, approved with conditions, or disapproved.    (2)   Make available in at least one location in each region in which the proposed source would be constructed a copy of all materials the applicant submitted, a copy of the preliminary determination, and a copy or summary of other materials, if any, considered in making the preliminary determination.    (3)   Notify the public, by posting on a publicly available website identified by the department, of the application, of the preliminary determination, of the degree of increment consumption that is expected from the source or modification, and of the opportunity for comment at a public hearing as well as written public comment. The electronic notice shall be available for the duration of the public comment period and shall include the notice of public comment, the draft permit(s), information on how to access the administrative record for the draft permit(s) and how to request or attend a public hearing on the draft permit(s). The department may use other means if necessary to ensure adequate notice to the affected public. At least 30 days shall be provided for public comment and for notification of any public hearing.    (4)   Send a copy of the notice of public comment to the applicant, to the Administrator and to officials and agencies having cognizance over the location where the proposed construction would occur as follows: any other state or local air pollution control agencies; the chief executives of the city and county where the source would be located; any comprehensive regional land use planning agency; and any state, federal land manager, or Indian governing body whose lands may be affected by emissions from the source or modification.    (5)   Provide opportunity for a public hearing for interested persons to appear and submit written or oral comments on the air quality impact of the source, alternatives to the proposed source or modification, the control technology required, and other appropriate considerations. At least 30 days’ notice shall be provided for any public hearing.    (6)   Consider all written comments submitted within a time specified in the notice of public comment and all comments received at any public hearing(s) in making a final decision on the approvability of the application. The department shall make all comments available for public inspection at the same locations where the department made available preconstruction information relating to the proposed source or modification.    (7)   Make a final determination whether construction should be approved, approved with conditions, or disapproved.    (8)   Notify the applicant in writing of the final determination and make such notification available for public inspection at the same locations where the department made available preconstruction information and public comments relating to the proposed source or modification.    c.    Reopening of the public comment period.    (1)   If comments submitted during the public comment period raise substantial new issues concerning the permit, the department may, at its discretion, take one or more of the following actions:    1.   Prepare a new draft permit, appropriately modified;    2.   Prepare a revised fact sheet;    3.   Prepare a revised fact sheet and reopen the public comment period; or    4.   Reopen or extend the public comment period to provide interested persons an opportunity to comment on the comments submitted.    (2)   The public notice provided by the department pursuant to this rule shall define the scope of the reopening. Department review of any comments filed during a reopened comment period shall be limited to comments pertaining to the substantial new issues causing the reopening.    33.3(18) Source obligation.      a.    Approval to construct shall not relieve any owner or operator of the responsibility to comply fully with applicable provisions of the plan and any other requirements under local, state or federal law.    b.    At such time that a particular source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforceable limitation that was established after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, the requirements of 33.3(10) through 33.3(19) shall apply to the source or modification as though construction had not yet commenced on the source or modification.    c.    Any owner or operator who constructs or operates a source or modification not in accordance with the application pursuant to the provisions in 567—33.3(455B) or with the terms of any approval to construct, or any owner or operator of a source or modification subject to the provisions in 567—33.3(455B) who commences construction after April 15, 1987 (the effective date of Iowa’s PSD program), without applying for and receiving department approval, shall be subject to appropriate enforcement action.    d.    Approval to construct shall become invalid if construction is not commenced within 18 months after receipt of such approval, if construction is discontinued for a period of 18 months or more, or if construction is not completed within a reasonable time. The department may extend the 18-month period upon a satisfactory showing that an extension is justified. These provisions do not apply to the time between construction of the approved phases of a phased construction project; each phase must commence construction within 18 months of the projected and approved commencement date.    e.    Reserved.    f.    Except as otherwise provided in subparagraph (8), the following specific provisions shall apply with respect to any regulated NSR pollutant emitted from projects at existing emissions units at a major stationary source, other than projects at a source with a PAL, in circumstances where there is a “reasonable possibility,” within the meaning of subparagraph (8), that a project that is not part of a major modification may result in a significant emissions increase of such pollutant, and the owner or operator elects to use the method for calculating projected actual emissions as specified in 33.3(1), paragraphs “1” through “3” of the definition of “projected actual emissions.”    (1)   Before beginning actual construction of the project, the owner or operator shall document and maintain a record of the following information:    1.   A description of the project;    2.   Identification of the emissions unit(s) whose emissions of a regulated NSR pollutant could be affected by the project; and    3.   A description of the applicability test used to determine that the project is not a major modification for any regulated NSR pollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under paragraph “3” of the definition of “projected actual emissions” in 33.3(1), an explanation describing why such amount was excluded, and any netting calculations, if applicable.    (2)   No less than 30 days before beginning actual construction, the owner or operator shall meet with the department to discuss the owner’s or operator’s determination of projected actual emissions for the project and shall provide to the department a copy of the information specified in 33.3(18)“f.” The owner or operator is not required to obtain a determination from the department regarding the project’s projected actual emissions prior to beginning actual construction.    (3)   If the emissions unit is an existing electric utility steam generating unit, before beginning actual construction, the owner or operator shall provide a copy of the information set out in subparagraph (1) to the department. The requirements in subparagraphs (1), (2) and (3) shall not be construed to require the owner or operator of such a unit to obtain any determination from the department before beginning actual construction.    (4)   The owner or operator shall:    1.   Monitor the emissions of any regulated NSR pollutant that could increase as a result of the project and that is emitted by any emissions unit identified in subparagraph (1);    2.   Calculate the annual emissions, in tons per year on a calendar-year basis, for a period of five years following resumption of regular operations and maintain a record of regular operations after the change, or for a period of ten years following resumption of regular operations after the change if the project increases the design capacity or potential to emit of that regulated NSR pollutant at such emissions unit (for purposes of this requirement, “regular” shall be determined by the department on a case-by-case basis); and    3.   Maintain a written record containing the information required in this subparagraph.    (5)   The written record containing the information required in subparagraph (4) shall be retained by the owner or operator for a period of ten years after the project is completed.    (6)   If the unit is an existing electric utility steam generating unit, the owner or operator shall submit a report to the department within 60 days after the end of each year during which records must be generated under subparagraph (4) setting out the unit’s annual emissions during the calendar year that preceded submission of the report.    (7)   If the unit is an existing unit other than an electric utility steam generating unit, the owner or operator shall submit a report to the department if the annual emissions, in tons per year, from the project identified in subparagraph (1), exceed the baseline actual emissions, as documented and maintained pursuant to subparagraph (4), by an amount that is “significant” as defined in 33.3(1) for that regulated NSR pollutant, and if such emissions differ from the preconstruction projection as documented and maintained pursuant to subparagraph (4). Such report shall be submitted to the department within 60 days after the end of such year. The report shall contain the following:    1.   The name, address and telephone number of the major stationary source;    2.   The annual emissions as calculated pursuant to subparagraph (4); and    3.   Any other information that the owner or operator wishes to include in the report (e.g., an explanation as to why the emissions differ from the preconstruction projection).    (8)   A “reasonable possibility” under this paragraph (33.3(18)“f”) occurs when the owner or operator calculates the project to result in either:    1.   A projected actual emissions increase of at least 50 percent of the amount that is a “significant emissions increase,” as defined under 33.3(1) (without reference to the amount that is a significant net emissions increase), for the regulated NSR pollutant; or    2.   A projected actual emissions increase that, when added to the amount of emissions excluded under 33.3(1), paragraph “3” of the definition of “projected actual emissions,” equals at least 50 percent of the amount that is a “significant emissions increase,” as defined under 33.3(1) (without reference to the amount that is a significant net emissions increase), for the regulated NSR pollutant. For a project for which a reasonable possibility occurs only within the meaning of this numbered paragraph, and not also within the meaning of numbered paragraph “1” of this subparagraph (subparagraph (8)), then the provisions of subparagraphs (3) through (7) do not apply to the project.    g.    The owner or operator of the source shall make the information required to be documented and maintained pursuant to paragraph 33.3(18)“f” available for review upon request for inspection by the department or the general public pursuant to the requirements for Title V operating permits contained in 567—subrule 22.107(6).    33.3(19) Innovative control technology.  The provisions for innovative control technology as specified in 40 CFR 51.166(s) are adopted by reference.     33.3(20) Conditions for permit issuance.  Except as explained below, a permit may not be issued to any new “major stationary source” or “major modification” as defined in 33.3(1) that would locate in any area designated as attainment or unclassifiable for any national ambient air quality standard pursuant to Section 107 of the Act, when the source or modification would cause or contribute to a violation of any national ambient air quality standard. A major stationary source or major modification will be considered to cause or contribute to a violation of a national ambient air quality standard when such source or modification would, at a minimum, exceed the following significance levels at any locality that does not or would not meet the applicable national standard:Averaging TimeAnnual24 hrs.8 hrs.3 hrs.1 hr.Pollutant(μg/m3)(μg/m3)(μg/m3)(μg/m3)(μg/m3)SO21.05———25———PM101.05—————————PM2.50.31.2—————————NO21.0————————————CO——————500———2,000A permit may be granted to a major stationary source or major modification as identified above if the major stationary source or major modification reduces the impact of its emissions upon air quality by obtaining sufficient emissions reductions to compensate for its adverse ambient air impact where the major stationary source or major modification would otherwise contribute to a violation of any national ambient air quality standard. This subrule shall not apply to a major stationary source or major modification with respect to a particular pollutant if the owner or operator demonstrates that the source is located in an area designated under Section 107 of the Act as nonattainment for that pollutant.    33.3(21) Administrative amendments.      a.    Upon request for an administrative amendment, the department may take final action on any such request and may incorporate the requested changes without providing notice to the public or to affected states, provided that the department designates any such permit revisions as having been made pursuant to 33.3(21).    b.    An administrative amendment is a permit revision that does any of the following:    (1)   Corrects typographical errors;    (2)   Corrects word processing errors;    (3)   Identifies a change in name, address or telephone number of any person identified in the permit or provides a similar minor administrative change at the source; or    (4)   Allows for a change in ownership or operational control of a source where the department determines that no other change in the permit is necessary, provided that a written agreement that contains a specific date for transfer of permit responsibility, coverage, and liability between the current permittee and the new permittee has been submitted to the department.    33.3(22) Permit rescission.  Any permit issued under 40 CFR 52.21 or this chapter or any permit issued under 567—22.4(455B) shall remain in effect unless and until it expires or is rescinded under 40 CFR 52.21(w) or this chapter. The provisions for permit rescission as set forth in 40 CFR 52.21(w) are adopted by reference. The department will consider requests for rescission that meet the conditions specified in this subrule. If the department rescinds a permit or a condition in a permit issued under 40 CFR 52.21, this chapter, or 567—22.4(455B), the public shall be given adequate notice of the proposed rescission. Posting of an announcement of rescission on a publicly available website identified by the department 60 days prior to the proposed date for rescission shall be considered adequate notice.

    567—33.4()    Reserved.

    567—33.5()    Reserved.

    567—33.6()    Reserved.

    567—33.7()    Reserved.

    567—33.8()    Reserved.

    567—33.9(455B) Plantwide applicability limitations (PALs).  This rule provides an existing major source the option of establishing a plantwide applicability limitation (PAL) on emissions, provided the conditions in this rule are met. The provisions for a PAL as set forth in 40 CFR 52.21(aa) are adopted by reference, except that the term “Administrator” shall mean “the department of natural resources.”

    567—33.10(455B) Exceptions to adoption by reference.  All references to Clean Units and Pollution Control Projects set forth in 40 CFR 51.166 and 52.21 are not adopted by reference.       These rules are intended to implement Iowa Code section 455B.133.
    ARC 7212CEnvironmental Protection Commission[567]Notice of Intended Action

    Proposing rulemaking related to air quality emissions trading programs and providing an opportunity for public comment

        The Environmental Protection Commission (Commission) hereby proposes to rescind Chapter 34, “Provisions for Air Quality Emissions Trading Programs,” Iowa Administrative Code.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 455B.133.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code section 17A.7 and Executive Order 10 (January 10, 2023).Purpose and Summary    The Commission proposes to rescind Chapter 34. This chapter implemented the federal air emissions trading programs to reduce emissions of specific air pollutants. The air emissions trading programs included in Chapter 34 have either been replaced by other programs or are no longer applicable. Over time, nearly all of the provisions within this chapter have been rescinded. A complete chapter rescission is therefore appropriate.Fiscal Impact    This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found. Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department of Natural Resources (Department) for a waiver of the discretionary provisions, if any, pursuant to 561—Chapter 10. Public Comment     Any interested person may submit written comments concerning this proposed rulemaking. Written comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on January 29, 2024. Comments should be directed to: Christine Paulson Iowa Department of Natural Resources Wallace State Office Building 502 East Ninth Street Des Moines, Iowa 50319 Email: christine.paulson@dnr.iowa.gov Public Hearing    A public hearing at which persons may present their views orally will be held via conference call as follows. Persons who wish to attend the public hearing should contact Christine Paulson via email or by phone at 515.725.9510. A virtual meeting link and conference call number will be provided prior to the hearing. The public hearing information will also be provided through the Air Quality e-newsletter (GovDelivery) and on the Department’s webpage at iowadnr.gov/Environmental-Protection/Air-Quality/Public-Participation (scroll down to Public Input and click on Executive Order 10 Implementation). Persons who wish to make comments at the public hearing must submit a request to Ms. Paulson prior to the hearing to facilitate an orderly hearing. January 29, 2024 1 p.m. Via video/conference call     Persons who wish to make oral comments at the public hearing will be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.    Any persons who intend to participate in the hearing and have special requirements, such as those related to hearing or vision impairments, should contact the Department and advise of specific needs.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rulemaking action is proposed:

        ITEM 1.    Rescind and reserve 567—Chapter 34.
    ARC 7217CEnvironmental Protection Commission[567]Notice of Intended Action

    Proposing rulemaking related to air emissions reduction assistance program and providing an opportunity for public comment

        The Environmental Protection Commission (Commission) hereby proposes to rescind Chapter 35, “Air Emissions Reduction Assistance Program,” Iowa Administrative Code.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 455B.133.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code section 17A.7(2) and Executive Order 10 (January 10, 2023).Purpose and Summary    The Commission proposes to rescind Chapter 35. This chapter specified the process for the Department of Natural Resources (Department) to provide financial assistance to eligible applicants to reduce air pollution. The rules in Chapter 35 were developed in 2009 in response to grant funds made available to the Department under the American Recovery and Reinvestment Act (ARRA). The rules assisted the Department in creating and implementing the Reduce Iowa Diesel Exhaust (RIDE) grant program. The RIDE program ended in 2011 when the ARRA grant was closed. Rescinding Chapter 35 is therefore appropriate.Fiscal Impact    This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found. Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 561—Chapter 10. Public Comment     Any interested person may submit written comments concerning this proposed rulemaking. Written comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on January 29, 2024. Comments should be directed to: Christine Paulson Iowa Department of Natural Resources Wallace State Office Building 502 East Ninth Street Des Moines, Iowa 50319 Email: christine.paulson@dnr.iowa.gov Public Hearing     A public hearing at which persons may present their views orally will be held via conference call as follows. Persons who wish to attend the public hearing should contact Christine Paulson via email or by phone at 515.725.9510. A virtual meeting link and conference call number will be provided prior to the hearing. The public hearing information will also be provided through the Air Quality e-newsletter (GovDelivery) and on the Department’s webpage at iowadnr.gov/Environmental-Protection/Air-Quality/Public-Participation (scroll down to Public Input and click on Executive Order 10 Implementation). Persons who wish to make comments at the public hearing must submit a request to Ms. Paulson prior to the hearing to facilitate an orderly hearing. January 29, 2024 1 p.m. Via video/conference call     Persons who wish to make oral comments at the public hearing will be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.     Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or vision impairments, should contact the Department and advise of specific needs.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rulemaking action is proposed:

        ITEM 1.    Rescind and reserve 567—Chapter 35.
    ARC 7214CEnvironmental Protection Commission[567]Notice of Intended Action

    Proposing rulemaking related to animal feeding operations and providing an opportunity for public comment

        The Environmental Protection Commission (Commission) hereby proposes to rescind Chapter 65, “Animal Feeding Operations,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code sections 459.103, 459.301, 459A.104 and 459B.104.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code sections 455B.103, 455B.134, 455B.171, 459.103, 459.301, 459A.104 and 459B.104.Purpose and Summary    Chapter 65 regulates animal feeding operations (AFOs). The chapter regulates the siting, construction, and operation of all types of AFO structures and associated facilities. This proposed rulemaking reduces and consolidates the AFO regulations. This is accomplished by rescinding redundant or outdated provisions. The rules also adopt a floodplain siting map as required by state law.    The proposed rulemaking will make the rules more intuitive and easier to read and understand. For example, rules applicable to all AFOs have been consolidated into a single division rather than repeated multiple times throughout the chapter. Rules have been streamlined as much as possible, stating the requirements more succinctly and clearly. Antiquated rules have been removed.     The proposed rulemaking includes two other notable changes. First, the rules formally adopt a floodplains map into the AFO Siting Atlas. This is required by Iowa Code section 459.301(5)“a.” This addresses the focus of the May 2022 rulemaking petition filed by the Iowa Environmental Council and the Environmental Law and Policy Center. Second, the Director’s discretion rule provisions have been removed. In 2006, the Attorney General’s Office advised the Commission and the Department of Natural Resources (Department) that the rule provisions were beyond the underlying statutory authority. That same year, the Administrative Rules Review Committee objected to the rule provisions on similar grounds. As such, the rule provisions have never been used and were appropriately removed from the chapter.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 561—Chapter 10. Public Comment     Any interested person may submit written comments concerning this proposed rulemaking. Written comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on February 23, 2024. Comments should be directed to: Kelli Book Iowa Department of Natural Resources Wallace State Office Building 502 East 9th Street Des Moines, Iowa 50319 Fax: 515.725.8201 Email: afo@dnr.iowa.govPublic Hearing     Two public hearings will be held on the following dates: February 14, 2024 1:30 to 3:30 p.m. Auditorium Wallace State Office Building Des Moines, Iowa February 19, 2024 1:30 to 3:30 p.m. Via video/conference call     The February 19, 2024, hearing will be a virtual meeting only. A link for the virtual meeting will be provided to those who make a request to take part in the virtual hearing. The request for the link shall be submitted to afo@dnr.iowa.gov by 9 a.m. on February 19, 2024.     Persons who wish to make oral comments at a public hearing will be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.     Any persons who intend to attend a hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rulemaking action is proposed:

        ITEM 1.    Rescind 567—Chapter 65 and adopt the following new chapter in lieu thereof: CHAPTER 65ANIMAL FEEDING OPERATIONSDIVISION IGENERAL PROVISIONSThe provisions in Division I apply to all confinement feeding operations, open feedlot operations, animal truck washes, dry bedded confinement feeding operations, and associated manure and waste storage structures, unless otherwise noted in this chapter.The following acronyms will be used throughout this chapter:        "AFO" means animal feeding operation.        "CAFO" means concentrated animal feeding operation.        "MMP" means manure management plan.        "NMP" means nutrient management plan.        "NPDES" means National Pollutant Discharge Elimination System.

    567—65.1(455B,459,459A,459B) Definitions and incorporation by reference.  In addition to the definitions in Iowa Code sections 455B.101, 455B.171, 459.102, 459A.102, and 459B.102 and in 567—Chapter 60, the following definitions shall apply to this chapter:    65.1(1) Definitions.          "Abandoned AFO structure" means the AFO structure has been razed, removed from the site of an AFO, filled in with earth, or converted to uses other than an AFO structure so that it cannot be used as an AFO structure without significant reconstruction.        "Adjacent" for open feedlot operation. Two or more open feedlot operations are defined as adjacent if both of the following occur:
    1. At least one open feedlot operation structure is constructed on or after July 17, 2002; and
    2. An open feedlot operation structure that is part of one open feedlot operation is separated by less than 1,250 feet from an open feedlot operation structure that is part of the other open feedlot operation.
            "Adjacent—air quality" for confinement feeding operations means, for the purpose of determining separation distance requirements pursuant to rule 567—65.106(455B,459,459B), that two or more confinement feeding operations are adjacent if they have AFO structures that are separated at their closest points by less than the following:
    1. 1,250 feet for a confinement feeding operation having an animal unit capacity of less than 1,250 animal units for swine maintained as part of a farrowing and gestating operation, less than 2,700 animal units for swine maintained as part of a farrow-to-finish operation, less than 4,000 animal units for cattle maintained as part of a cattle operation, or less than 3,000 animal units for any other confinement feeding operation, or for a confinement feeding operation consisting of dry bedded confinement feeding operation structures.
    2. 1,500 feet for a confinement feeding operation having an animal unit capacity of 1,250 or more but less than 2,000 animal units for swine maintained as part of a swine farrowing and gestating operation, 2,700 or more but less than 5,400 animal units for swine maintained as part of a farrow-to-finish operation, 4,000 or more but less than 6,500 animal units for cattle maintained as part of a cattle operation, or for any other confinement feeding operation having an animal unit capacity of 3,000 or more but less than 5,000 animal units.
    3. 2,500 feet for a confinement feeding operation having an animal unit capacity of 2,000 or more animal units for swine maintained as part of a swine farrowing and gestating operation, 5,400 or more animal units for swine maintained as part of a farrow-to-finish operation, or 6,500 or more animal units for cattle maintained as part of a cattle operation, or for any other confinement feeding operation with 5,000 or more animal units.
    The distances in paragraphs “1” to “3” above shall only be used to determine that two or more confinement feeding operations are adjacent if at least one confinement feeding operation structure was constructed on or after March 21, 1996.To determine if two or more confinement feeding operations are adjacent, for the purpose of determining the separation distance requirements, the animal unit capacity of each individual operation shall be used. If two or more confinement feeding operations do not have the same animal unit capacity, the greater animal unit capacity shall be used to determine the separation distance.Dry manure that is stockpiled within a distance of 1,250 feet from another stockpile shall be considered part of the same stockpile.
            "Adjacent—water quality" for confinement feeding operations means, for the purpose of determining the construction permit requirements pursuant to rule 567—65.103(455B,459,459B) and MMP requirements pursuant to rule 567—65.110(455B,459,459B), that two or more confinement feeding operations are adjacent if they have confinement feeding operation structures that are separated at their closest points by less than the following:
    1. 1,250 feet for confinement feeding operations having a combined animal unit capacity of less than 1,000 animal units.
    2. 2,500 feet for confinement feeding operations having a combined animal unit capacity of 1,000 or more animal units.
    3. The distances in paragraphs “1” and “2” above shall only be used to determine that two or more confinement feeding operations are adjacent if at least one confinement feeding operation structure is constructed or expanded on or after May 21, 1998.
            "Aerobic structure" means an AFO structure other than an egg washwater storage structure which relies on aerobic bacterial action which is maintained by the utilization of air or oxygen and which includes aeration equipment to digest organic matter. Aeration equipment shall be used and shall be capable of providing oxygen at a rate sufficient to maintain an average of 2 milligrams per liter dissolved oxygen concentration in the upper 30 percent of the depth of manure in the structure at all times.        "AFO structure" means a confinement building, manure storage structure, dry bedded confinement feeding operation structure, or egg washwater storage structure.        "Agricultural drainage well" means a vertical opening to an aquifer or permeable substratum which is constructed by any means including but not limited to drilling, driving, digging, coring, augering, jetting, or washing and which is capable of intercepting or receiving surface or subsurface drainage water from land directly or by a drainage system.        "Agricultural drainage well area" means an area of land where surface or subsurface water drains into an agricultural drainage well directly or through a drainage system connecting to the agricultural drainage well.        "Alluvial aquifer area" means an area underlaid by sand or gravel aquifers situated beneath floodplains along stream valleys and includes alluvial deposits associated with stream terraces and benches, contiguous windblown sand deposits, and glacial outwash deposits.        "Alluvial soils" means soils formed in materials deposited by moving water.        "Alternative technology settled open feedlot effluent control system" "AT system" means use of an open feedlot effluent control technology other than a conventional runoff containment system to control and dispose of settled open feedlot effluent.         "Anaerobic digester system" "digester" means a manure storage structure that is covered if the primary function of the manure storage structure is to process manure by employing environmental conditions including bacteria to break down organic matter in the absence of oxygen, and the structure is used for producing, collecting, and utilizing a biogas.        "Anaerobic lagoon" means an unformed manure storage structure if the primary function of the structure is to store and stabilize manure, the structure is designed to receive manure on a regular basis, and the structure’s design waste loading rates provide that the predominant biological activity is anaerobic. An anaerobic lagoon does not include the following:
    1. A runoff control basin or a settled open feedlot effluent basin that collects and stores only precipitation-induced runoff from an open feedlot operation.
    2. An anaerobic treatment system that includes collection and treatment facilities for all off gases.
            "Animal" means cattle, swine, horses, sheep, chickens, turkeys, goats, fish, or ducks.         "Animal capacity" means the maximum number of animals that the owner or operator will confine in an AFO at any one time. The animal capacity shall be what is currently approved or permitted on the site and is listed in the MMP or NMP, unless a portion of the facility has been properly closed or taken out of operation through the small AFO election as provided in paragraph 65.110(1)“f.” In a confinement feeding operation, the animal capacity of all confinement buildings will be included in the determination of the animal capacity of the operation, unless the building has been abandoned, in accordance with the definition of “abandoned AFO structure.”         "Animal feeding operation" "AFO" means a lot, yard, corral, building, or other area in which animals are confined and fed and maintained for 45 days or more in any 12-month period, and all structures used for the storage of manure from animals in the operation. Except as required for an NPDES permit required pursuant to the Act, an AFO does not include a livestock market. Open feedlot operations and confinement feeding operations are considered to be separate AFOs.        "Animal truck wash effluent" means a combination of manure, washwater-induced runoff, or other runoff derived from an animal truck wash facility, which may include solids.         "Animal truck wash effluent structure" means an impoundment that is part of an animal truck wash facility, if the primary function of the impoundment is to collect and store animal truck wash effluent.        "Animal truck wash facility" means an operation engaged solely in washing single-unit trucks, truck-tractors, semitrailers, or trailers used to transport animals. An animal truck wash facility is considered to be part of an AFO if the animal truck wash facility and the AFO are under common ownership or management and the animal truck wash facility is located within 1,250 feet of the AFO.        "Animal unit" means a unit of measurement based upon the product of multiplying the number of animals of each category by a special equivalency factor, as follows: 1. Slaughter and feeder cattle 1.000 2. Immature dairy cattle 1.000 3. Mature dairy cattle 1.400 4. Butcher or breeding swine weighing more than 55 pounds 0.400 5. Swine weighing 15 pounds or more but not more than 55 pounds 0.100 6. Sheep or lambs 0.100 7. Goats 0.100 8. Horses 2.000 9. Turkeys weighing 7 pounds or more 0.018 10. Turkeys weighing less than 7 pounds 0.0085 11. Broiler or layer chickens weighing 3 pounds or more 0.010 12. Broiler or layer chickens weighing less than 3 pounds 0.0025 13. Ducks 0.040 14. Fish weighing 25 grams or more 0.001 15. Fish weighing less than 25 grams 0.00006        "Animal unit capacity" means a measurement used to determine the maximum number of animal units that may be maintained as part of an AFO at any one time, including as provided in Iowa Code sections 459.201, 459.301, and 459A.103. For dry bedded confinement feeding operations, “animal unit capacity” means the maximum number of animal units that the owner or operator confines in a dry bedded confinement feeding operation at any one time, including the animal unit capacity of all dry bedded confinement feeding operation buildings that are used to house cattle or swine in the dry bedded confinement feeding operation. For purposes of determining whether an open feedlot operation must obtain an NPDES permit, the animal unit capacity of the AFO shall include the animal unit capacities of both the open feedlot operation and any adjacent confinement feeding operation if all of the following occur:
    1. The animals in the open feedlot operation and any adjacent confinement feeding operation are all in the same category of animals as used in the definitions of “large CAFO” and “medium CAFO” in 40 CFR Part 122;
    2. The closest open feedlot operation structure is separated by less than 1,250 feet from the closest confinement feeding operation structure; and
    3. The open feedlot operation and the confinement feeding operation are under common ownership or management.
            "Animal weight capacity" means the sum of the average weight of all animals in a confinement feeding operation when the operation is at full animal capacity. For confinement feeding operations with only one species, the animal weight capacity is the product of multiplying the animal capacity by the average weight during a production cycle. For operations with more than one species, the animal weight capacity of the operation is the sum of the animal weight capacities for all species. This definition applies to confinement feeding operations constructed prior to March 1, 2003.        "Applicant" means the person applying for a construction permit or an NPDES permit for an AFO.        "Bedding" means crop, vegetation, sand, or forage residue or similar materials placed in a dry bedded confinement building for the care of animals.        "Business" means a commercial enterprise.        "Cemetery" means a space held for the purpose of permanent burial, entombment or interment of human remains that is owned or managed by a political subdivision or private entity or a cemetery regulated pursuant to Iowa Code chapter 523I. A cemetery does not include a pioneer cemetery as defined by Iowa Code section 331.325.        "Church" means a religious institution.        "Commercial enterprise" means a building which is used as a part of a business that manufactures goods, delivers services, or sells goods or services, which is customarily and regularly used by the general public during the entire calendar year and which is connected to electric, water, and sewer systems. A commercial enterprise does not include a farm operation.        "Commercial manure service" means a sole proprietor or business association engaged in the business of transporting, handling, storing, or applying manure for a fee.        "Commercial manure service representative" means a manager, employee, agent, or contractor of a commercial manure service, if the person is engaged in transporting, handling, storing, or applying manure on behalf of the service.        "Common management" means significant control by an individual of the management of the day-to-day operations of each of two or more AFOs. “Common management” does not include control over a contract livestock facility by a contractor as defined in Iowa Code section 202.1.         "Common ownership" for confinement feeding operations means the ownership of a confinement feeding operation as a sole proprietor, or a 10 percent or more ownership interest held by a person, in each of two or more confinement feeding operations as a joint tenant, tenant in common, shareholder, partner, member, beneficiary, or other equity interest holder. The ownership interest is a common ownership interest when it is held directly, indirectly through a spouse or dependent child, or both. The following exceptions shall apply to this definition:
    1. For a confinement feeding operation structure constructed before [the effective date of these rules] that has not been expanded, “common ownership” means the ownership of a confinement feeding operation as a sole proprietor, or a majority ownership interest held by a person, in each of two or more confinement feeding operations as a joint tenant, tenant in common, shareholder, partner, member, beneficiary, or other equity interest holder. The majority ownership interest is a common ownership interest when it is held directly, indirectly through a spouse or dependent child, or both. This exception shall not apply to a confinement feeding structure or operation expanded after [the effective date of these rules], instead, the 10 percent or more ownership interest standard shall apply.
    2. This definition shall not apply to a dry bedded confinement feeding operation that is subject to the common ownership requirements in Iowa Code section 459B.103(3)“a”(3) nor to an open feedlot operation as defined in this rule.
    “Common ownership” for open feedlot operations means to hold an interest in each of two or more open feedlot operations as any of the following:
    1. A sole proprietor;
    2. A joint tenant or tenant in common; or
    3. A holder of a majority equity interest in a business association as defined in Iowa Code section 202B.102, including as a shareholder, partner, member, beneficiary, or other equity interest holder.
    An interest in an open feedlot operation under paragraph “2” or “3” is a common ownership interest when it is held directly or indirectly through a spouse or dependent child, or both.
            "Complete application" means an application that is complete and approvable when all necessary questions on the application forms have been completed, the application is signed and all applicable portions of the application, including the application form, required attachments, and application fees, have been submitted.        "Concentrated AFO" "CAFO" means an AFO that is a designated CAFO, or that is defined as a large CAFO or a medium CAFO as defined in 40 CFR 122.23(b).        "Confinement feeding operation" means an AFO in which animals are confined to areas that are totally roofed and includes an AFO that is not an open feedlot operation as defined in this chapter.
    1. For purposes of water quality regulation, Iowa Code section 459.301 provides that two or more AFOs under common ownership or management are deemed to be a single AFO if they are adjacent or utilize a common area or system for manure disposal. For purposes of the air quality-related separation distances in Iowa Code section 459.202, Iowa Code section 459.201 provides that two or more AFOs under common ownership or management are deemed to be a single AFO if they are adjacent or utilize a common system for manure storage. The distinction is due to regulation of AFOs for water quality purposes under the Act. 40 CFR 122.23 sets out the requirements for an AFO and requires that two or more AFOs under common ownership be considered a single operation if they adjoin each other or if they use a common area or system for disposal of wastes. However, this federal regulation does not control regulation of AFOs for the purposes of the separation distances in Iowa Code section 459.202, and therefore the definition is not required by federal law to include common areas for manure disposal.
    2. To determine if two or more AFOs are deemed to be one AFO, the first test is whether the AFOs are under common ownership or management. If they are not under common ownership or management, they are not one AFO. For purposes of water quality regulation, the second test is whether the two AFOs are adjacent or utilize a common area or system for manure disposal. If the two operations are not adjacent and do not use a common area or system for manure disposal, they are not one AFO. For purposes of the air quality-related separation distances in Iowa Code section 459.202, the second test is whether the two AFOs are adjacent or utilize a common system for manure storage. If the two operations are not adjacent and do not use the same system for manure storage, they are not one AFO.
    3. A common area or system for manure disposal includes but is not limited to use of the same manure storage structure, confinement feeding operation structure, egg washwater storage structure, stockpile, permanent manure transfer piping system or center pivot irrigation system. A common area or system for manure disposal does not include manure application fields included in a manure management plan or anaerobic digester system.
            "Confinement feeding operation building" "confinement building" means a building used in conjunction with a confinement feeding operation to house animals.        "Confinement feeding operation structure" means an AFO structure that is part of a confinement feeding operation.        "Confinement site" means a site where there is located a manure storage structure which is part of a confinement feeding operation, other than a SAFO.        "Confinement site manure applicator" means a person, other than a commercial manure service or a commercial manure service representative, who applies manure on land if the manure originates from a manure storage structure.        "Construction approval letter" means a written document of the department to acknowledge that the preconstruction submittal requirements of rule 567—65.104(455B,459,459B) have been met for a confinement feeding operation that is not required to obtain a construction permit pursuant to rule 567—65.103(455B,459,459B).        "Construction design statement" means a document required to be submitted by a confinement feeding operation prior to constructing a formed manure storage structure, other than a SAFO, but that does not meet the threshold engineering requirements.        "Construction permit" means a written approval of the department to construct, modify or alter the use of an AFO structure as required by rules 567—65.103(455B,459,459B) and 567—65.203(455B,459A).        "Controlling interest" means ownership of a confinement feeding operation as a sole proprietor or a majority ownership interest held by a person in a confinement feeding operation as a joint tenant, tenant in common, shareholder, partner, member, beneficiary, or other equity interest holder. The majority ownership interest is a controlling interest when it is held directly, indirectly through a spouse or dependent child, or both. The majority ownership interest must be a voting interest or otherwise control management of the confinement feeding operation.        "Covered" means organic or inorganic material, placed upon an AFO structure used to store manure, which significantly reduces the exchange of gases between the stored manure and the outside air. Organic materials include but are not limited to a layer of chopped straw, other crop residue, or a naturally occurring crust on the surface of the stored manure. Inorganic materials include but are not limited to wood, steel, aluminum, rubber, plastic, or Styrofoam. The materials shall shield at least 90 percent of the surface area of the stored manure from the outside air. Cover shall include an organic or inorganic material which current scientific research shows reduces detectable odor by at least 75 percent. A formed manure storage structure directly beneath a floor where animals are housed in a confinement feeding operation is deemed to be covered.        "Critical public area" means land that is owned or managed by the federal government, by the department, or by a political subdivision and that has unique scenic, cultural, archaeological, scientific, or historic significance or contains a rare or valuable ecological system. Critical public areas include:
    1. State wildlife and waterfowl refuges listed in 571—subrules 52.1(2) and 52.1(3);
    2. Recreation areas, state parks, state parks managed by another governmental agency, and state preserves as listed in rule 571—61.2(461A);
    3. County parks and recreation areas as provided in subrule 65.1(2);
    4. National wildlife refuges listed as follows: Union Slough National Wildlife Refuge, DeSoto National Wildlife Refuge, Boyer Chute National Wildlife Refuge, Upper Mississippi River National Wildlife and Fish Refuge, Driftless Area National Wildlife Refuge, Neal Smith National Wildlife Refuge, and Port Louisa National Wildlife Refuge;
    5. National monuments and national historic sites listed as follows: Effigy Mounds National Monument and Herbert Hoover National Historic Site;
    6. Parks in Iowa that are under the federal jurisdiction listed with the United States Army Corps of Engineers as provided in subrule 65.1(2).
            "Cropland" means any land suitable for use in agricultural production including but not limited to feed, grain and seed crops, fruits, vegetables, forages, sod, trees, grassland, pasture and other similar crops.        "Deep well" means a well located and constructed in such a manner that there is a continuous layer of low permeability soil or rock at least 5 feet thick located at least 25 feet below the normal ground surface and above the aquifer from which water is to be drawn.        "Designated area" means a known sinkhole, abandoned well, unplugged agricultural drainage well, agricultural drainage well cistern, agricultural drainage well surface tile inlet, drinking water well, designated wetland, or water source. “Designated area” does not include a terrace tile inlet or surface tile inlet other than an agricultural drainage well surface tile inlet.        "Designated CAFO" means an AFO that has been designated as a CAFO pursuant to rule 567—65.201(455B,459A).        "Designated wetland" means land designated as a protected wetland by the United States Department of the Interior or the department, including but not limited to a protected wetland as defined in Iowa Code section 456B.1, if the land is owned and managed by the federal government or the department. However, a designated wetland does not include land where an agricultural drainage well has been plugged causing a temporary wetland or land within a drainage district or levee district. Designated wetlands in the state are listed in the department’s “Designated Wetlands in Iowa” (more information is contained in subrule 65.1(2), incorporation by reference).        "Discontinued AFO" means an AFO whose structures have been abandoned or whose use has been discontinued as evidenced by the removal of all animals and the owner or operator has no immediate plans to repopulate.        "Discontinued AFO structure" means an AFO structure that has been abandoned or whose use has been discontinued as evidenced by the removal of all animals from the structure and the owner or operator has no immediate plans to repopulate.        "Document" means any form required to be processed by the department under this chapter regulating AFOs, including but not limited to applications or related materials for permits as provided in Iowa Code section 459.303, MMPs as provided in Iowa Code section 459.312, comment or evaluation by a county board of supervisors considering an application for a construction permit, the department’s analysis of the application including using and responding to a master matrix pursuant to Iowa Code section 459.304, and notices required under those sections.        "Dry bedded confinement feeding operation" means a confinement feeding operation in which cattle or swine are confined to areas which are totally roofed and in which all manure is stored as dry bedded manure. Unless specifically stated otherwise, all requirements in Divisions I and II of this chapter do apply to dry bedded confinement feeding operations.        "Dry bedded confinement feeding operation structure" means a dry bedded confinement feeding operation building or a dry bedded manure storage structure.        "Dry bedded manure" means manure from cattle or swine that meets all of the following requirements:
    1. The manure does not flow perceptibly under pressure.
    2. The manure is not capable of being transported through a mechanical pumping device designed to move a liquid.
    3. The manure contains bedding.
            "Dry bedded manure confinement feeding operation building" "building" means a building used in conjunction with a confinement feeding operation to house cattle or swine and in which any manure from the animals is stored as dry bedded manure.        "Dry bedded manure storage structure" means a covered or uncovered structure, other than a building, used to store dry bedded manure originating from a confinement feeding operation.        "Dry manure" means manure that meets all of the following conditions:
    1. The manure does not flow perceptibly under pressure.
    2. The manure is not capable of being transported through a mechanical pumping device designed to move a liquid.
    3. The constituent molecules of the manure do not flow freely among themselves but may show a tendency to separate under stress.
    “Dry manure” includes manure marketed as a bulk dry animal nutrient product that is stored 1,250 feet or less from the confinement animal feeding structure from which it originated.
            "Earthen manure storage basin" means an earthen cavity, either covered or uncovered, that, on a regular basis, receives manure discharges from a confinement feeding operation if accumulated manure from the basin is completely removed at least once each year.        "Earthen waste slurry storage basin" means an uncovered and exclusively earthen cavity that, on a regular basis, receives manure discharges from a confinement AFO if accumulated manure from the basin is completely removed at least twice each year and that was issued a permit, constructed or expanded on or after July 1, 1990, but prior to May 31, 1995.        "Educational institution" means a building in which an organized course of study or training is offered to students enrolled in kindergarten through grade 12 and served by local school districts, accredited or approved nonpublic schools, area education agencies, community colleges, institutions of higher education under the control of the state board of regents, and accredited independent colleges and universities.        "Egg washwater storage structure" means an aerobic or anaerobic structure used to store the wastewater resulting from the washing and in-shell packaging of eggs. It does not include a structure also used as a manure storage structure.        "Enforcement action" means an action against a person with a controlling interest in a confinement feeding operation initiated by the department or the attorney general to enforce the provisions of Iowa Code chapter 459 or 459B or rules adopted pursuant to either chapter. An enforcement action begins when the attorney general institutes proceedings in district court pursuant to Iowa Code section 455B.112. An enforcement action is pending until final resolution of the action by satisfaction of a court order, for which all judicial appeal rights are exhausted, expired, or waived.        "Family member" means a person related to another person as parent, grandparent, child, grandchild, sibling, or a spouse of such related person.        "Feed storage runoff basin" means a covered or uncovered impoundment with the primary function to collect and store runoff from a feed storage area.        "Formed animal truck wash effluent structure" means a covered or uncovered impoundment used to store effluent from an animal truck wash facility, which has walls and a floor constructed of concrete, concrete block, wood, steel, or similar materials.        "Formed manure storage structure" means a covered or uncovered impoundment used to store manure from an AFO, which has walls and a floor constructed of concrete, concrete block, wood, steel, or similar materials. Subject to department approval, similar materials may include but are not limited to plastic, rubber, fiberglass, or other synthetic materials. Materials used in a formed manure storage structure shall have the structural integrity to withstand expected internal and external load pressures.        "Formed settled open feedlot effluent basin" means a settled open feedlot effluent basin which has walls and a floor constructed of concrete, concrete block, wood, steel, or similar materials. Similar materials may include but are not limited to plastic, rubber, fiberglass, or other synthetic materials. Materials used in a formed settled open feedlot effluent basin shall have the structural integrity to withstand expected internal and external load pressures.        "Freeboard" means the difference in elevation between the liquid level and the confinement feeding operation structure’s overflow level.        "Frozen ground" means soil that is impenetrable due to frozen soil moisture but does not include soil that is only frozen to a depth of two inches or less.        "Grassed waterway" means a natural or constructed channel that is shaped or graded to required dimensions and established in suitable vegetation for the stable conveyance of runoff.        "Highly erodible land" means a field that has one-third or more of its acres or 50 acres, whichever is less, with soils that have an erodibility index of eight or more, as determined by rules promulgated by the United States Department of Agriculture.        "Human sanitary waste" means wastewater derived from domestic uses including bathroom and laundry facilities generating wastewater from toilets, baths, showers, lavatories and clothes washing.        "Incidental" means a duty which is secondary or subordinate to a primary job or function.        "Incorporation" means a soil tillage operation following the surface application of manure which mixes the manure into the upper four inches or more of soil.        "Indemnity fund" means the livestock remediation fund created in Iowa Code section 459.501.        "Injection" means the application of manure into the soil surface using equipment that discharges it beneath the surface.        "Interest" means ownership of a confinement feeding operation as a sole proprietor or a 10 percent or more ownership interest held by a person in a confinement feeding operation as a joint tenant, tenant in common, shareholder, partner, member, beneficiary, or other equity interest holder. The ownership interest is an interest when it is held directly, indirectly through a spouse or dependent child, or both.        "Karst terrain" means land having karst formations that exhibit surface and subterranean features of a type produced by the dissolution of limestone, dolomite, or other soluble rock and characterized by closed depressions, sinkholes, or caves.         "Known sinkhole" means a sinkhole that has been included in the department’s sinkhole coverage and displayed in the AFO Siting Atlas or a sinkhole known to the applicant.        "Liquid manure" means manure that meets all of the following requirements:
    1. The manure flows perceptibly under pressure.
    2. The manure is capable of being transported through a mechanical pumping device designated to move a liquid.
    3. The constituent molecules of the liquid manure flow freely among themselves and show a tendency to separate under stress.
    Liquid manure that is frozen or partially frozen is included in this definition.
            "Livestock market" means any place where animals are assembled from two or more sources for public auction, private sale, or on a commission basis, which is under state or federal supervision, including a livestock sale barn or auction market, if such animals are kept for ten days or less.        "Long-term stockpile location" means an area where a person stockpiles manure for more than a total of six months in any two-year period.        "Low-pressure irrigation system" means spray irrigation equipment that discharges manure from a maximum height of nine feet in a downward direction and that utilizes spray nozzles that discharge manure at a maximum pressure of 25 pounds per square inch.        "Major water source" means a water source that is a lake, reservoir, river or stream located within the territorial limits of the state, or any marginal river area adjacent to the state, if the water source is capable of supporting a floating vessel capable of carrying one or more persons during a total of a six-month period in one out of ten years, excluding periods of flooding. Major water sources in the state are listed in Table 1 and Table 2 at iowadnr.gov/afo/rules (more information is contained in subrule 65.1(2), incorporation by reference).        "Manager" means a person who is actively involved in the operation of the commercial manure service and makes management decisions in the operation of the service.        "Man-made manure drainage system" means a drainage ditch, flushing system, or other drainage device which was constructed by human beings and is used for the purpose of transporting manure.        "Manure" means animal excreta or other commonly associated wastes of animals including but not limited to bedding, litter, or feed losses. Manure does not include wastewater resulting from the washing and in-shell packaging of eggs. For the purposes of NPDES permitting, “manure” includes manure, bedding, compost and raw materials or other materials commingled with manure or set aside for disposal. If a manure storage structure or animal truck wash effluent structure contains both manure from an AFO and animal truck wash effluent from an animal truck wash facility, the effluent shall be deemed to be manure.        "Manure storage structure" means a formed manure storage structure, an unformed manure storage structure, digester, or a dry bedded manure storage structure. A manure storage structure does not include the following: (1) egg washwater storage structure, (2) areas of a confinement building where no manure is stored, and (3) areas of a confinement building where the animals have direct contact with the manure and the manure is removed regularly during the production cycle or at the conclusion of the production cycle (referred to as the “animal production area”). An animal truck wash effluent structure may be the same as a manure storage structure that is part of the confinement feeding operation, so long as the primary function of such impoundment is to collect and store both effluent from the animal truck wash facility and manure from the confinement feeding operation.        "New AFO" means an AFO whose construction was begun after July 22, 1987, or whose operation is resumed after having been discontinued for a period of 24 months or more.        "NPDES permit" means a written permit of the department, pursuant to the National Pollutant Discharge Elimination System (NPDES) program, to authorize and regulate the operation of a CAFO.         "NRCS" means United States Department of Agriculture Natural Resources Conservation Service.        "Nutrient management plan" "NMP" means a plan that provides for the management of manure, process wastewater, settled open feedlot effluent, settleable solids, open feedlot effluent, animal truck wash effluent, including the application of effluent, as provided in rule 567—65.209(455B,459A).        "One hundred year floodplain" means the land adjacent to a major water source, if there is at least a 1 percent chance that the land will be inundated in any one year. In making the calculations, the department shall consider available maps or data compiled by the Federal Emergency Management Agency.        "Open feedlot" means a lot, yard, corral, building, or other area used to house animals in conjunction with an open feedlot operation.        "Open feedlot effluent" means a combination of manure, precipitation-induced runoff, or other runoff from an open feedlot before its settleable solids have been removed. If an open feedlot operation structure or animal truck wash effluent structure contains effluent from both an open feedlot operation and an animal truck wash facility, the animal truck wash effluent shall be deemed to be open feedlot effluent.        "Open feedlot effluent basin" means an open feedlot basin that does not settle solids before the effluent goes to the basin.        "Open feedlot operation" means an unroofed or partially roofed AFO if crop, vegetation, or forage growth or residue is not maintained as part of the AFO during the period that animals are confined in the AFO. “Open feedlot operation” includes a “partially roofed AFO” as defined in this rule. Iowa Code section 459A.103 provides that two or more open feedlot operations under common ownership or management are deemed to be a single open feedlot operation if they are adjacent or utilize a common area or system for open feedlot effluent disposal. To determine if two or more open feedlot operations are deemed to be one open feedlot operation, the first test is whether the open feedlot operations are under common ownership or management. If they are not under common ownership or management, they are not one open feedlot operation. The second test is whether the two open feedlot operations are adjacent or utilize a common area or system for open feedlot effluent disposal. If the two operations are not adjacent and do not use a common area or system for open feedlot effluent disposal, they are not one open feedlot operation.        "Open feedlot operation structure" means an open feedlot, an open feedlot effluent basin, a settled open feedlot effluent basin, a solids settling facility, or an AT system. “Open feedlot operation structure” does not include a manure storage structure as defined in Iowa Code section 459.102.         "Owner" means a person who has legal or equitable title to the property where the AFO is located or a person who has legal or equitable title to the AFO structures. “Owner” does not include a person who has a lease to use the land where the AFO is located or to use the AFO structures.        "Partially roofed AFO" means an AFO in which the animals are confined under a roof and there exists unroofed areas located on the perimeter of the roofed structure, where the animals have unrestricted access at all times. The square footage of the unroofed area shall be at least 10 percent of the square footage of the attached roofed production area or manure storage structure. Openings or vents in the roofed portion shall not be included in the 10 percent unroofed calculation.         "Permanent vegetation cover" means land that is maintained in perennial vegetative cover consisting of grasses, legumes, or both, and includes but is not limited to pastures, grasslands or forages.        "Process wastewater" means water directly or indirectly used in the operation of the AFO for any or all of the following: spillage or overflow from animal or poultry watering systems; washing, cleaning, or flushing of pens, barns, manure pits, or other AFO facilities; direct contact swimming, washing, or spray cooling of animals; or dust control. Process wastewater also includes any water which comes into contact with any raw materials, products, or byproducts, including manure, litter, feed, milk, eggs or bedding.        "Production area" means that part of an AFO that includes the area in which animals are confined, the manure storage area, the raw materials storage area, egg washing and egg processing facilities, and the waste containment areas. The area in which animals are confined includes but is not limited to open lots, housed lots, feedlots, stall barns, free stall barns, milk rooms, milking centers, cow yards, barnyards, medication pens, walkers, animal walkways, confinement houses, and stables. The manure storage area includes but is not limited to lagoons, solids settling facilities, settled open feedlot effluent basins, storage sheds, stockpiles, under house or pit storages, liquid impoundments, static piles, and composting piles. The raw materials storage area includes but is not limited to feed silos, silage bunkers, and bedding materials. The waste containment area includes but is not limited to settling basins and areas within berms and diversions that separate uncontaminated storm water. Also included in the definition of production area is any area used in the storage, handling, treatment, or disposal of mortalities.        "Professional engineer" "PE" means a person engaged in the practice of engineering as defined in Iowa Code section 542B.2 who is issued a certificate of licensure as a PE pursuant to Iowa Code section 542B.17.        "Public thoroughfare" means a road, street, or bridge that is constructed or maintained by the state or a political subdivision.        "Public use area" means that portion of land owned by the United States, the state, or a political subdivision with facilities that attract the public to congregate and remain in the area for significant periods of time. Facilities include but are not limited to picnic grounds, campgrounds, cemeteries, lodges and cabins, shelter houses, playground equipment, swimming beaches at lakes, and fishing docks, fishing houses, fishing jetties or fishing piers at lakes. It does not include a highway, road right-of-way, parking areas, recreational trails or other areas where the public passes through but does not congregate or remain in the area for significant periods of time.        "Public water supply" (also referred to as a system or a water system) means a system for the provision to the public of piped water for human consumption, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. Such term includes (1) any collection, treatment, storage, and distribution facilities under control of the supplier of water and used primarily in connection with such system, and (2) any collection (including wells) or pretreatment storage facilities not under such control that are used primarily in connection with such system. A public water supply system is either a “community water system” or a “noncommunity water system.”        "Q100," as defined in rule 567—70.2(455B,481A), means a flood having a 1 percent chance of being equaled or exceeded in any one year as determined by the department.        "Qualified confinement feeding operation" means a confinement feeding operation that has an animal unit capacity of:
    1. 5,333 or more for animals other than swine as part of a farrowing and gestating operation or farrow-to-finish operation or cattle as part of a cattle operation.
    2. 2,500 or more for a swine farrowing and gestating operation, not including replacement breeding swine if the following apply:
    3. The replacement breeding swine are raised at the confinement feeding operation; and
    4. The replacement breeding swine are used in the farrowing and gestation operation.
    5. 5,400 or more for a swine farrow-to-finish operation.
    6. 8,500 or more for a confinement feeding operation maintaining cattle.
            "Qualified stockpile cover" means a barrier impermeable to precipitation that is used to protect a stockpile from precipitation.        "Qualified stockpile structure" means a building or roofed structure that is all of the following:
    1. Impermeable to precipitation.
    2. Constructed using wood, steel, aluminum, vinyl, plastic, or other similar materials.
    3. Constructed with walls or other means to prevent precipitation-induced surface runoff from contacting the stockpile.
            "Release" means an actual, imminent or probable discharge of manure, process wastewater, open feedlot effluent, settled open feedlot effluent, or settleable solids from an AFO or animal truck wash facility to surface water, groundwater, drainage tile line or intake or to a designated area resulting from storing, handling, transporting or land-applying manure, process wastewater, open feedlot effluent, settled open feedlot effluent, or settleable solids.        "Religious institution" means a building in which an active congregation is devoted to worship.        "Research college" means an accredited public or private college or university, including but not limited to a university under control of the state board of regents as provided in Iowa Code chapter 262, or a community college under the jurisdiction of a board of directors for a merged area as provided in Iowa Code chapter 260C, if the college or university performs research or experimental activities regarding animal agriculture or agronomy.        "Residence" means a house or other building, including all structures attached to the building, not owned by the owner of the AFO that meets all of the following criteria at the location of the intended residence:
    1. Used as a place of habitation for humans on a permanent and frequent basis.
    2. Not readily mobile.
    3. Connected to a permanent source of electricity, a permanent private water supply or a public water supply system and a permanent domestic sewage disposal system including a private, semipublic or public sewage disposal system.
    4. Assessed and taxed as real property.
    If a house or other building has not been occupied by humans for more than six months in the last two years, or if a house or other building has been constructed or moved to its current location within the past six months, the owner of the intended residence has the burden of proving that the house or other building is a residence. Paragraph “3” shall not apply to a house or other building inhabited by persons who are exempt from the compulsory education standards of Iowa Code section 299.24 and whose religious principles or tenets prohibit the use of the utilities listed.
            "Restricted spray irrigation equipment" means spray irrigation equipment that disperses manure through an orifice at a rate of 80 pounds per square inch or more.        "School" means an educational institution.        "Settleable solids,” “scraped solids," "solids" means that portion of the effluent that meets all the following requirements:
    1. The solids do not flow perceptibly under pressure.
    2. The solids are not capable of being transported through a mechanical pumping device designed to move a liquid.
    3. The constituent molecules of the solids do not flow freely among themselves but do show the tendency to separate under stress.
            "Settled open feedlot effluent" means a combination of manure, precipitation-induced runoff, or other runoff originating from an open feedlot operation after its settleable solids have been removed.        "Settled open feedlot effluent basin" "runoff control basin" means a covered or uncovered impoundment that is part of an open feedlot operation, if the primary function of the impoundment is to collect and store settled open feedlot effluent. An animal truck wash facility may be part of an open feedlot operation. An animal truck wash effluent structure may be the same as a settled open feedlot effluent basin that is part of the open feedlot operation, so long as the primary function of such impoundment is to collect and store effluent from both the animal truck wash facility and the open feedlot operation.        "Sinkhole" means any closed depression that was caused by the dissolution or collapse of subterranean materials in a carbonate formation or in gypsum or rock salt deposits through which water may be drained or lost to the local groundwater system. Such depressions may or may not be open to the surface at times. Intermittently, sinkholes may hold water forming a pond.        "Seasonal high-water table" means the part of the soil profile closest to the soil surface that becomes saturated (usually in the spring) as observed in a monitoring well or determined by recognition of soil redoxomorphic features.Note: “Redoxomorphic features” refers to the gleying or mottling or both that occur under saturated conditions within the soil profile.        "Secondary containment barrier" means a structure used to retain accidental manure overflow from a manure storage structure.        "Shallow well" means a well located and constructed in such a manner that there is not a continuous layer of low permeability soil or rock (or equivalent retarding mechanism acceptable to the department) at least 5 feet thick, the top of which is located at least 25 feet below the normal ground surface and above the aquifer from which water is to be drawn.        "Small AFO" "SAFO" means an AFO that has an animal unit capacity of 500 or fewer animal units.        "Small animal truck wash facility" means an animal truck wash facility, if all of the following apply:
    1. The animal truck wash facility and all single-unit trucks, truck-tractors, semitrailers, or trailers that are washed at the facility are owned by the same person; and
    2. The average total per-day volume of washwater used by the animal truck wash facility does not exceed 2,000 gallons as calculated on a monthly basis.
            "Snow-covered ground" means soil covered by one inch or more of snow or soil covered by one-half inch or more of ice.        "Solids settling facility" means a basin, terrace, diversion, or other structure or solids removal method that is part of an open feedlot operation and which is designed and operated to remove settleable solids from open feedlot effluent. A “solids settling facility” does not include a basin, terrace, diversion, or other structure or solids removal method that retains the liquid portion of open feedlot effluent for more than seven consecutive days following a precipitation event.        "Spray irrigation equipment" means mechanical equipment used for the aerial application of manure, if the equipment receives manure from a manure storage structure during application via a pipe or hose connected to the structure, and includes a type of equipment customarily used for aerial application of water to aid the growing of general farm crops.        "Stockpile" means dry manure or dry bedded manure originating from a confinement feeding operation that is stored at a particular location outside a confinement feeding operation building or a manure storage structure. For op