AIR QUALITY

TABLE OF CONTENTS

  TOC \o "1-1"  10.1  Purpose and Ambient Air Quality Standards	 
PAGEREF _Toc204153422 \h  1 

10.2  Definitions	  PAGEREF _Toc204153423 \h  2 

10.3  Air Quality Division	  PAGEREF _Toc204153424 \h  19 

10.4  Title V and Voluntary Permits	  PAGEREF _Toc204153425 \h  19 

10.5  Locally Required Permits	  PAGEREF _Toc204153426 \h  20 

10.6  Permit Fees	  PAGEREF _Toc204153427 \h  32 

10.7  Visible Emissions	  PAGEREF _Toc204153428 \h  33 

10.8  Emissions From Fuel-Burning Equipment	  PAGEREF _Toc204153429 \h 
34 

10.9  Emissions Standards	  PAGEREF _Toc204153430 \h  37 

10.10  Open Burning	  PAGEREF _Toc204153431 \h  74 

10.11  Emissions of Objectionable Odors	  PAGEREF _Toc204153432 \h  79 

10.12  Sulfur Compounds	  PAGEREF _Toc204153433 \h  80 

10.13  Fugitive Dust	  PAGEREF _Toc204153434 \h  80 

10.14  Excess Emission	  PAGEREF _Toc204153435 \h  81 

10.15  Variances	  PAGEREF _Toc204153436 \h  84 

10.16  Circumvention	  PAGEREF _Toc204153437 \h  88 

10.17  Testing and Sampling of New and Existing Equipment	  PAGEREF
_Toc204153438 \h  89 

10.18  Analysis Fees	  PAGEREF _Toc204153439 \h  95 

10.19  Submission of Information	  PAGEREF _Toc204153440 \h  95 

10.20  Public Records and Fair Information Practices	  PAGEREF
_Toc204153441 \h  96 

10.21  Prevention of Air Pollution Emergency Episodes	  PAGEREF
_Toc204153442 \h  96 

10.22  Enforcement	  PAGEREF _Toc204153443 \h  104 

10.23  Sealing	  PAGEREF _Toc204153444 \h  105 

10.24  Penalty	  PAGEREF _Toc204153445 \h  106 

10.25  Jurisdiction	  PAGEREF _Toc204153446 \h  107 

10.26  Repealer	  PAGEREF _Toc204153447 \h  108 

10.27  Severability Clause	  PAGEREF _Toc204153448 \h  108 

10.28  When Effective	  PAGEREF _Toc204153449 \h  108 

 

LINN COUNTY ORDINANCE #1-1-2015

PROVIDING FOR AIR QUALITY

BE IT ENACTED by the Board of Supervisors, Linn County, Iowa, that Linn
County Ordinance #1-1-2015 as codified in Linn County Code of Ordinance
Chapter 10 is hereby rescinded and in its place is enacted Linn County
Ordinance #1-1-2015 as set out in full herein.

10.1  Purpose and Ambient Air Quality Standards

It is the public policy of the Linn County Board of Health, and the Linn
County Board of Supervisors, that the purpose of this ordinance is to
achieve and maintain such levels of air quality as will protect human
health and safety, and to the greatest degree practicable, prevent
injury to plant and animal life and property, foster the comfort and
convenience of the people, promote social development of Linn County,
foster economic development, and facilitate the enjoyment of the natural
attractions of Linn County, Iowa.

The Department has jurisdiction over the atmosphere of the county to
prevent, abate and control air pollution, by establishing standards for
air quality and by regulating potential sources of air pollution through
a system of general rules or specific permits.

The Linn County ambient air quality standards shall be the National
Primary and Secondary Ambient Air Quality Standards as published in 40
Code of Federal Regulations Part 50 (1972) and as amended at 38 Federal
Register 22384 (September 14, 1973), 43 Federal Register 46258 (October
5, 1978), 44 Federal Register 8202, 8220 (February 9, 1979), 52 Federal
Register 24634-24669 (July 1, 1987), 62 Federal Register 38651-38760,
38855-38896 (July 18, 1997), 71 Federal Register 61144-61233 (October
17, 2006), 73 Federal Register 16436-16514 (March 27, 2008), 73 Federal
Register 66964-67062 (November 12, 2008), and 75 Federal Register
6474-6537 (February 9, 2010), and 75 Federal Register 35520-35603 (June
22, 2010) as adopted by reference by the DNR at 567 IAC 28.1.  Linn
County shall implement these rules in a time frame and schedule
consistent with implementation schedules in federal laws, regulations,
and Iowa statutes and rules.

All references to 567 IAC Chapter 20 are effective December 11, 2013.

All references to 567 IAC Chapter 21 are effective September 10, 2008.

All references to 567 IAC Chapter 22 are effective August 6, 2014.

All references to 567 IAC Chapter 23 are effective August 6, 2014.

All references to 567 IAC Chapter 25 are effective September 19, 2012.

All references to 567 IAC Chapter 28 are effective September 18, 2013.

All references to 567 IAC Chapter 29 are effective April 8, 1998.

All references to 567 IAC Chapter 33 are effective December 11, 2013.

All references to 567 IAC Chapter 34 are effective October 7, 2009.

10.2  Definitions

For use in this ordinance, certain terms and words used herein shall be
interpreted or defined as follows:

"Act" through “Emission limitation and emission standard.” No
changes made.

"Emissions Unit" means any part or activity of a stationary source that
emits or has the potential to emit any regulated air pollutant or any
pollutant listed under Section 112(b) of the Act.  This term is not
meant to alter or affect the definition of the term "unit" for purposes
of Title IV of the Act or any related regulations.

"EPA conditional method" through “Gas cleaning device.” No changes
made.

"Greenhouse gases (GHG)" means the air pollutant defined in 40 CFR
§86.1818-12(a) (as amended on May 7, 2010) as the aggregate group of
six greenhouse gases: carbon dioxide, nitrous oxide, methane,
hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.  GHGs
emitted shall be computed as follows:  Multiplying the mass amount of
emissions (tpy), for each of the six greenhouse gases in the pollutant
GHGs, by the gas’s associated global warming potential published at 40
CFR Part 98, Subpart A, Table A-1, "Global Warming Potentials," (as
amended on October 30, 2009), and sum the resultant value from paragraph
"a" for each gas to compute a tpy CO2e.

"Goal" through "Level." No changes made.

"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.

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.

A physical change or change in the method of operation shall not
include:

Routine maintenance, repair, and replacement;

Use of an alternative fuel or raw material by reason of an order under
Section 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 in effect pursuant to the Federal Power Act;

Use of an alternative fuel by reason of an order or rule under Section
125 of the Clean Air Act;

Use of an alternative fuel at a steam generating unit to the extent that
the fuel is generated from municipal solid waste;

e.	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;

An increase in the hours of operation or in the production rate, unless
such change would be prohibited under any federally enforceable permit
condition enforceable by the Administrator;

Any change in ownership at a stationary source;

Reserved.

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;

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;

The reactivation of a very clean coal-fired electric utility steam
generating unit.

3.  This definition shall not apply with respect to a particular
regulated NSR pollutant when the major stationary source is complying
with the requirements under rule 567 IAC 33.9 for a PAL for that
pollutant.  Instead, the definition under rule 567 IAC 33.9 shall apply.

"Major stationary source" through "Refuse burning equipment" No changes
made.

"Regulated NSR pollutant" means the following:

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:

  Volatile organic compounds and nitrogen oxides are precursors to ozone
in all attainment and unclassifiable areas;

  Sulfur dioxide is a precursor to PM2.5 in all attainment and
unclassifiable areas;

  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;

  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;

Any pollutant that is subject to any standard promulgated under section
111 of the Act;

Any Class I or Class II substance subject to a standard promulgated
under or established by title VI of the Act; or

Any pollutant that otherwise is subject to regulation under the Act as
defined in 567 IAC 33.3(1), definition of "subject to regulation."

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.

Particulate matter (PM) emissions, PM2.5 emissions and PM10 emissions
shall include gaseous emissions from a source or activity which 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 emissions reductions shall be generated from shutting down
the existing emissions unit that is replaced.

  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.

  The emissions unit is identical to or functionally equivalent to the
replaced emissions unit.

  The replacement unit does not change the basic design parameter(s) of
the process unit.

  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.

"Residential waste" No change made.    

"Responsible Official" means one of the following:  

For a corporation:  a president, secretary, vice-president or treasurer
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 duly authorized representative of such person if
the representative is responsible for the overall operation of one or
more manufacturing production or operating facilities applying for or
subject to a permit and either: the facilities employ more than 250
persons or have a gross annual sales or expenditures exceeding $25
million (in second quarter 1980 dollars); or the delegation of authority
to such representative is approved in advance by the permitting
authority. 

For a partnership or sole proprietorship:  a general partner or the
proprietor respectively.

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 office of a federal
agency includes the Chief Executive Officer having responsibility for
the overall operations of a principal geographic unit of the agency (eg.
A regional Administrator of the EPA).  

For Title IV affected facilities:  the designated representative insofar
as actions, standards, requirements or prohibitions under Title IV of
the Act or the regulations promulgated thereunder are concerned; and the
designated representative for any other purposes under this chapter or
the Act.

"Rubbish" through "Shutdown." No changes made.

"Significant" means: 

1. In reference to a net emissions increase or the potential of a source
to emit any of the following pollutants, at a rate of emissions that
would equal or exceed any of the following rates:

    Pollutant and Emissions Rate

	Carbon monoxide: 100 tons per year (tpy)

	Nitrogen oxides: 40 tpy

	Sulfur dioxide: 40 tpy

	Particulate matter: 25 tpy of particulate matter emissions

	PM10: 15 tpy

	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)

	Ozone: 40 tpy of volatile organic compounds or NOx

	Lead: 0.6 tpy

	Fluorides: 3 tpy

	Sulfuric acid mist: 7 tpy

	Hydrogen sulfide (H2S): 10 tpy

	Total reduced sulfur (including H2S): 10 tpy

	Reduced sulfur compounds (including H2S): 10 tpy

	Municipal waste combustor organics (measured as total tetra- through
octa-chlorinated dibenzo-p-dioxins and dibenzofurans): 3.2 x 10-6
megagrams per year (3.5  x 10-6 tpy)

	Municipal waste combustor metals (measured as particulate matter): 14
megagrams per year (15 tons per year)

	Municipal waste combustor acid gases (measured as sulfur dioxide and
hydrogen chloride): 36 megagrams per year (40 tons per year)

	Municipal solid waste landfill emissions (measured as nonmethane
organic compounds): 45 megagrams per year (50 tons per year)

"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.

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, which would construct
within ten kilometers ofa Class I area and have an impact on such area
equal to or greater than 1 µg/m3 (24-hour average).

"Six-minute period" through "Standard metropolitan statistical area
(SMSA)." No changes made.

"Startup" means the setting into operation of any control equipment or
process equipment or process for any purpose.

"State Implementation Plan (SIP)" through "12-month rolling period." No
changes made.

"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" through "Volatile organic compound." No changes made.

	

10.3  Air Quality Division

No changes made.

10.4  Title V and Voluntary Permits

No changes made.

10.5  Locally Required Permits

1. Application for Permits through 8. Provision for Sampling and Testing
Facilities. No changes made.

9. Exemptions from the Authorization to Install Permit and Permit to
Operate Requirements.  The provisions of §10.5 shall not apply to the
following equipment, except when Prevention of Significant Deterioration
Standards (567  IAC 33.1); New Source Performance Standards (40 CFR Part
60 NSPS), (567 IAC 23.1(2), (§10.9(2)); Emission Standards for
Hazardous Air Pollutants (40 CFR Part 61 NESHAP), (567 IAC 23.1(3),
(§10.9(3)); or Emission Standards for Hazardous Air Pollutants for
source categories (40 CFR Part 63 NESHAP), (567 IAC 23.1(4), (§10.9(4)
are applicable)). 

Fuel-burning equipment for indirect heating and re-heating furnaces or
cooling units using natural or liquefied petroleum gas with a capacity
of less than 10 million Btu per hour input per combustion unit.

Fuel-burning equipment for indirect heating or cooling with a capacity
less than 1 million Btu per hour input per combustion unit when burning
fuel oil grade #1 and #2. This exemption does not apply to equipment
burning waste oil.

“c.” through “m.” No changes made.

n. 	Asbestos demolition and renovation projects subject to 40 CFR 61.145
as amended through January 16, 1991, as amended in 567 IAC 22.1(2)"k".  

		  “o.” through “t.” No changes made.

u. 	Incinerators and pyrolysis cleaning furnaces with a rated refuse
burning capacity of less than 25 pounds per hour constructed, installed,
reconstructed or altered 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 constructed,
installed, reconstructed, or modified 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.

		“t.” through “cc.” No changes made.

dd.  Production welding.

Consumable electrode.

Welding operations for which initiation of construction, installation,
reconstruction, or alteration (as defined in 10.2) 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
of 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, or

	Y = the greater of 187x – 2,600 or 28,000 for SMAW or FCAW

	Where "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.

Welding operations for which initiation of construction, installation,
reconstruction, or alteration (as defined in 10.2) occurred after
October 23, 2013, using a consumable electrode, provided that the
consumable electrode 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 specification is below 1,600 pounds per year
for GMAW and 12,500 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
1,600 for GMAW, or

Y = the greater of 11x – 160 or 12,500 for SMAW or FCAW

Where "x" is the minimum distance of 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.

Resistance welding, submerged arc welding, or arc welding that does not
use a consumable electrode, provided that the base metals do not include
any stainless steel, alloys of lead, alloys of arsenic, or alloys of
beryllium and provided that the base metals are uncoated, excluding
manufacturing process lubricants.

ee. 	Electric hand soldering, wave soldering, and electric solder paste
reflow ovens for which initiation of construction, installation,
reconstruction, or alteration (as defined in 10.2) 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 10.2)
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.

Pressurized piping and storage systems for natural gas, propane,
liquefied petroleum gas (LPG), and refrigerants, where emissions could
only result from an upset condition.

“ff.” through “kk.” No changes maded

ll. 	Each production painting, adhesive or coating unit 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, emission limits, stack
testing, record-keeping or reporting requirements under 10.9(2),
10.9(3), or 10.9(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.

mm. Equipment related to research and development activities at a
stationary source, provided that:

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:

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);

5 tons per year of sulfur dioxide;

5 tons per year of nitrogen oxides;

5 tons per year of volatile organic compounds;

5 tons per year of carbon monoxide;

5 tons per year of particulate matter (particulate matter as defined in
40 CFR Part 51.100(pp) as amended through November 29, 2004);

2.5 tons per year of PM10;

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

5 tons per year of hazardous air pollutants (as defined in 10.2); and

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 subparagraph (1) above.  These records shall:

Include a list of equipment that is included under the exemption;

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;

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

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 rules
567 IAC 22.4 and LCCO 10.4, or subject to any applicable federal
requirements, shall retain all records demonstrating compliance with
this exemption for five years.

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:

That are operated under the close supervision of technically trained
personnel; and

That are conducted for the primary purpose of theoretical research or
research and development into new or improved processes and products;
and

That do not manufacture more than de minimis amounts of commercial
products; and

That do not contribute to the manufacture of commercial products by
collocated sources in more than a de minimis manner.

nn. 	A non-road diesel fueled engine, as defined in 40 CFR 1068.30 and
as amended through October 8, 2008, 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.

     To qualify for the exemption, the engine must:

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

Be used for periodic testing and maintenance on natural gas pipelines
with the compressor station, which shall not exceed 330 hours in any
12-month consecutive period.

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.

This exemption shall not apply to the replacement or substitution of
engines for backup power generation at a pipeline compressor station.

10.	Emissions Offsets for Non-Attainment Designated Areas.  Rule 567 IAC
22.5 of the Iowa Administrative Code, is hereby made a part of this
Ordinance by reference.

11.	Dispersion Credit Allowance.  For the purpose of Authorization to
Install review, primarily the determination of dispersion credit allowed
for stack heights that exceed "good engineering practice", the Iowa
Administrative Code rule 567-23.1(5) as amended, shall apply and is
hereby made a part of this Ordinance by reference.

10.6  Permit Fees

Initial Applications.  No changes made.  

Annual Fee for Permit to Operate.  Each Permit to Operate shall be
renewed on the annual operating fee due date, (hereafter referred to as
the invoice due date), set by the Air Pollution Control Officer.  This
provision shall apply to all Permits To Operate required by §10.5(3) of
this Ordinance.

The annual renewal fee shall be payable for each Permit to Operate, and
shall be paid by the invoice due date.

If the annual operating fee is not paid by the invoice due date, the
permit shall expire and no longer be valid.  The permit holder shall be
notified by mail by the Air Pollution Control Officer.

The Air Pollution Control Officer shall have the authority to deny
renewal of any Permit to Operate for equipment that is found to be out
of compliance with the emission standards or requirements set out in
this Ordinance.  The Air Pollution Control Officer shall have the
authority to deny issuance of, or the renewal of, any permit to any
person who has been previously cited for any violation of this Ordinance
and who has not paid in full all fines, court costs and restitution
entered as a judgment against them or who is not in current with any
Court ordered payment plan for such fines, court costs and restitution. 
This provision does not limit the Air Pollution Control Officer's power
to otherwise collect unpaid fines, court costs or restitution.

Filing Fees for Untimely Permits.  No changes made.

Fees required under Sections 10.6(1), 10.6(2) and 10.6(3) above shall be
recommended by the Air Pollution Control Officer and be established by
resolution of the Linn County Board of Supervisors.  

10.7  Visible Emissions

No changes made.

10.8  Emissions From Fuel-Burning Equipment

General Provisions.  

“a.” through “c.”  No changes made.

d. Rescinded

Emission Limitation.  

No changes made.

10.9  Emissions Standards

1. Emissions of Particulate Matter   

No changes made.

New Source Performance Standards.  No changes made.

Emission Standards for Hazardous Air Pollutants.  No changes made.

 

Emission Standards for Hazardous Air Pollutants for Source Categories. 
The federal standards for emissions of hazardous air pollutants for
source categories, 40 CFR Part 63 as amended or corrected through
December 21, 2012, as adopted in 567 IAC 23.1(4), are adopted by
reference, except those provisions which cannot be delegated to the
states.  The corresponding 40 CFR Part 63 subpart designation is in
parentheses.  An earlier date for adoption by reference may be included
with the subpart designation in parentheses (except for paragraph
10.9(4)"zzzz," which specifies a later date for adoption by reference. 
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
purposes of this subrule "hazardous air pollutant" has the same meaning
found in 567 IAC 22.100.  For the purposes of this subrule a "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.  For the purposes of this subrule an
"area source" means any stationary source of hazardous air pollutants
that is not a major stationary source as defined in this paragraph.
Paragraph 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 63 (except when otherwise specified in a particular subpart or in
a relevant standard) as adopted by reference below.  .

“a.” through “zz.” No changes made. 

“aaa.” and “bbb.” Reserved.

“ccc.” through “yyyy.” No changes made. 

zzzz.  Emission Standards for Hazardous Air Pollutants for Stationary
Reciprocating Internal Combustion Engines.  These standards apply to new
and existing major sources and to new and existing area sources with
stationary reciprocating internal combustion engines (RICE).  For
purposes of these standards, stationary RICE means any reciprocating
internal combustion engine which uses reciprocating motion to convert
heat energy into mechanical work and which is not mobile.  (Part 63,
Subpart ZZZZ, as amended through January 30, 2013)  

“aaaaa.” through “uuuuuu.” No changes made 

vvvvvv.  Emission standards for hazardous air pollutants for area
sources: chemical manufacturing. This standard applies to chemical
manufacturing at new and existing facilities that are area sources for
hazardous air pollutant emissions.  (Part 63, Subpart VVVVVV)

“wwwwww.” through “ccccccc.”  No changes made.

ddddddd.  Emission standards for hazardous air pollutants for area
sources: prepared feeds manufacturing.  This standard applies to
prepared feeds manufacturing that produces animal feed products (not
including feed for cats or dogs) and uses chromium or manganese
compounds at new and existing facilities that are area sources for
hazardous air pollutant emissions. (Part 63, Subpart DDDDDDD)

Emission Guidelines.  No changes made.

Calculation of emission limitations based on stack height.  No changes
made.

10.10  Open Burning

No changes made.

10.11  Emissions of Objectionable Odors

No changes made.

10.12  Sulfur Compounds

The provisions of this section shall apply to any installation from
which sulfur compounds are emitted into the atmosphere.

1.  Sulfur Dioxide from Use of Fuels.  

No changes made.

2.  Other Processes Capable of Emitting Sulfur Dioxide.  No person shall
allow, cause, or permit the emission of sulfur dioxide from any process,
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.

3.  New Source Performance Standards Sources Capable of Emitting Sulfur
Compounds.

No changes made.

10.13  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 which require abatement pursuant to this subrule.  Reasonable
precautions may include, but are not limited to, the following
procedures:

“1.” to “6.”  No changes made.

(2) Nonattainment Areas.  Subparagraph (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 §10.9, and includes a quarry operation, haul road, or
parking lot associated with the traditional source. This paragraph does
not modify the emission standard stated in §10.9, 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*," adopted by the State of Iowa
Environmental Protection Commission on May 19, 1981.

* Available from the Department

10.14  Excess Emission

No changes made.

10.15  Variances

No changes made.

10.16  Circumvention

No changes made.

10.17  Testing and Sampling of New and Existing Equipment

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 BTUs
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
§10.17(9).  The Air Pollution Control Officer 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.

Reserved

Reserved

Continuous Monitoring of Sulfur Dioxide from Sulfuric Acid Plants.  No
changes made.

Maintenance of Records of Continuous Monitors.  The owner or operator of
any facility which 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.

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 Air Pollution Control
Officer, no later than 30 calendar days following the end of the
calendar quarter, on forms provided by the Air Pollution Control
Officer.  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, 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.  

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.

 

General.  The owner of new or existing equipment or the owner's
authorized agent shall notify the Air Pollution Control Officer in
writing not less than 15 days before a required test or before a
performance evaluation of a continuous emission monitor to determine
compliance with applicable requirements of §10.9 or a permit condition.
 Such notice shall include the time, 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 shall not consider the test results or
performance evaluation results to be a valid demonstration of compliance
with the applicable rules or permit conditions.  At the Department’s
request, a pretest meeting shall be held not later than 5 days before
the owner or operator conducts the compliance demonstration.  A testing
protocol shall be submitted to the Department 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 Air
Pollution Control Officer in the form of a comprehensive report within
six weeks of the completion of the testing.  

New or Modified Equipment.  No changes made.

Existing Equipment.  The Air Pollution Control Officer may require the
owner or the owner's authorized agent to conduct an emission test on any
equipment if the Air Pollution Control Officer 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 Air Pollution Control
Officer shall provide the owner or agent not less than 30 days to
perform the compliance demonstration and shall provide written notice of
the requirement.

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 county and
at the expense of the county.  Sampling holes, safe scaffolding and
pertinent allied facilities, but not instruments or sensing devices, as
needed, shall be requested in writing by the Air Pollution Control
Officer 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.

Methods and Procedures.  Stack sampling and associated analytical
methods used to evaluate compliance with emission limitations of
§§10.8, 10.9, 10.12 or a permit condition are as follows:

Performance test (stack test).  A stack test shall be conducted
according to EPA reference methods as specified in 40 CFR 51, Appendix M
(as amended through December 21, 2010); 40 CFR 60, Appendix A (as
amended through September 9, 2010); 40 CFR 61, Appendix B (as amended
through October 17, 2000); and 40 CFR 63, Appendix A (as amended through
August 20, 2010).  The owner of the equipment or the owner's authorized
agent may use an alternative methodology if approved by the Department
in writing before testing.  Each test shall consist of at least three
separate test runs.  Unless otherwise specified by the Department,
compliance shall be assessed on the basis of the arithmetic mean of the
emissions measured in the three test runs.

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
through September 9, 2010); 40 CFR 60, Appendix F (as amended through
September 9, 2010); 40 CFR 75, Appendix A (as amended through March 28,
2011); 40 CFR 75, Appendix B (as amended through March 28, 2011); and 40
CFR 75, Appendix F (as amended through March 28, 2011).  The owner of
the equipment or the owner's authorized agent may use an alternative
methodology for continuous monitoring systems if approved by the
Department in writing prior to conducting the minimum performance
specification and quality assurance procedures.

Permit and compliance demonstration requirements.  After October 24,
2012, all stack sampling and associated analytical methods used to
evaluate compliance with emission limitations of §§10.8, 10.9 or 10.12
or required in a permit issued by the Department pursuant to §§10.4,
10.5 or 567 IAC Chapter 33 shall be conducted using the methodology
referenced in this rule.  If stack sampling was required for a
compliance demonstration pursuant to §§10.8, 10.9 or 10.12 or for a
performance test required in a permit issued by the department pursuant
to §§10.4, 10.5 or 567 IAC Chapter 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. 

Exemptions from Continuous Monitoring Requirements.  The owner or
operator of any source is exempt if it can be demonstrated that any of
the conditions set forth in this section are met with the provision that
periodic recertification of the existence of these conditions can be
requested.

An affected source is subject to a new source performance standard
promulgated in 40 CFR Part 60 as amended through September 28, 2007.

“2.” through “3.”  No changes made.

Extensions.  No changes made.

Continuous monitoring of sulfur dioxide from emission points involved in
an alternative emission control program.  No changes made. 

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 are amended through January 24, 2008 (Appendix
F also was corrected on February 13, 2008), are adopted by reference.

10.18  Analysis Fees

  

No changes made.

10.19  Submission of Information

No changes made.

10.20  Public Records and Fair Information Practices

No changes made.

10.21  Prevention of Air Pollution Emergency Episodes

No changes made.

10.22  Enforcement

No changes made.

10.23  Sealing

No changes made.

10.24  Penalty

No changes made.

10.25  Jurisdiction

No changes made.

10.26  Repealer

No changes made.

10.27  Severability Clause

No changes made.

10.28  When Effective

This Ordinance shall become effective upon publication.

	

Approved by the Linn County Board of Supervisors the 28th day of
January, 2015.

					_____________

Chairperson	Linda Langston

District 2

					_________________

Vice Chairperson	Ben Rogers

District 3

					______________

Supervisor	James Houser

District 1

					________________

Supervisor	Brent Oleson

District 4

					_______________

Supervisor	John Harris

District 5

ATTEST:		

					______________

Joel Miller, Linn County Auditor

Dates read:	January 19, 2015   January 21, 2015   January 27, 2015

Published in the	 Cedar Rapids Gazette on ___________, 2015

  

	Page   PAGE  19  of 108	Linn County Ordinance #1-1-2015

