MEMORANDUM

SUBJECT:	Technical Support Document for Clean Air Act Sections 110(a)(1) and (2) Infrastructure State Implementation Plan Submission, State of Iowa, for the 2015 8-hour Ozone National Ambient Air Quality Standard

FROM:	Jason Heitman
		ARD/AQPB/AtPS

TO:		IA-182; EPA-R07-OAR-2021-0378

THRU:	Andy Hawkins, Branch Chief
      ARD/AQPB
      
    Summary

The Environmental Protection Agency's (EPA) Region 7 office received a state implementation plan (SIP) revision from the Iowa Department of Natural Resources (DNR) titled Iowa State Implementation Plan Revision for the 2015 Ozone National Ambient Air Quality Standards (2015 O3 iSIP) on November 30, 2018.

The state provided a public comment period from September 18, 2018, to October 19, 2018, and a public hearing was held on October 19, 2018. Two written comments were received by Iowa DNR. 
 
The EPA proposes to approve the 2015 O3 iSIP submittal as meeting the requirements of section 110(a)(1) and the following elements of section 110(a)(2): (A) through (C), (D)(i)(II)  -  prevention of significant deterioration of air quality (prong 3) and protection of visibility (prong 4), (D)(ii), (E) through (H), and (J) through (M). Elements of section 110(a)(2)(D)(i)(I)  -  significant contribution to nonattainment (prong 1) and interfering with maintenance of the National Ambient Air Quality Standard (NAAQS) (prong 2) were addressed in the submission but the EPA is not taking action on these prongs at this time. Section 110(a)(2)(I) was discussed in the submission as not being an applicable requirement, and the EPA does not expect infrastructure SIP submissions to address element (I).

This technical support document describes the EPA's evaluation of Iowa DNR's iSIP submittal and its reasoning for the proposed actions.


    EPA Requirements 

Whenever the EPA promulgates a new or revised NAAQS, CAA section 110(a)(1) requires states to make SIP submissions to provide for the implementation, maintenance, and enforcement of the NAAQS. This particular type of SIP submission is commonly referred to as an "infrastructure SIP." These submissions must meet the various requirements of CAA section 110(a)(2), as applicable. Due to ambiguity in some of the language of CAA section 110(a)(2), EPA believes that it is appropriate to interpret these provisions in the specific context of acting on infrastructure SIP submissions. The EPA has previously provided comprehensive guidance on the application of these provisions through a guidance document for infrastructure SIP submissions and through regional actions on infrastructure submissions. Unless otherwise noted below, we are following that existing approach in acting on this submission. In addition, in the context of acting on such infrastructure submissions, the EPA evaluates the submitting state's SIP for facial compliance with statutory and regulatory requirements, not for the state's implementation of its SIP. The EPA has other authority to address any issues concerning a state's implementation of the rules, regulations, consent orders, etc. that comprise its SIP. 

    Evaluation of the State's Submittal

The EPA has reviewed Iowa's infrastructure SIP submission and the applicable statutory and regulatory authorities and provisions referenced in the submission or referenced in Iowa's SIP. Below is EPA's evaluation of how the state addressed the relevant elements of section 110(a)(2) for the 2015 O3 NAAQS. The EPA is proposing to approve the submission as a SIP revision meeting the submittal requirement section 110(a)(1). 

(A) Emission limits and other control measures: Section 110(a)(2)(A) requires SIPs to include enforceable emission limits and other control measures, means or techniques, schedules for compliance, and other related matters as needed to implement, maintain and enforce each NAAQS. 

The Iowa DNR fulfills the requirements of 110(a)(2)(A) through Iowa law, administrative rules, permits, and consent orders. The Iowa DNR is the designated agency to prevent, abate, or control air pollution (Iowa Code 455B.132). The Environmental Protection Commission (EPC) is the governing commission for the environmental services portion of the Iowa DNR (Iowa Code 455A.6).

The EPC has the duty and authority to develop plans for the abatement, control, and prevention of air pollution, which includes emission limits and schedules for compliance. The EPC is required to adopt, amend, or repeal rules as necessary to obtain approval of the SIP under Section 110 of the federal CAA. Further, the EPC is charged with adopting, amending, or repealing ambient air quality standards necessary to protect the public health and welfare. EPC also shall adopt, amend or repeal emissions limits relating to the maximum quantities of air contaminants that may be emitted from an air contaminant source (Iowa Code 455B.133(1-4)).

Administrative rules establish procedures for compliance with emission limits and variance provisions (567 Iowa Administrative Code (IAC) Chapter 21). 567 IAC Chapter 22 prevents the construction, reconstruction or modification of a source if the source will interfere with the attainment or maintenance of the NAAQS.  In addition, 567 IAC Chapter 33 provides Iowa with the authority to limit the emissions of nitrogen oxides (NOX) and volatile organic compounds (VOCs), which are precursors to ozone formation. 

Iowa has statutory and regulatory authority to establish additional emissions limitations and other measures, as necessary to address attainment and maintenance of the ozone standard. The Iowa SIP adequately addresses the requirements of Section 110(a)(2)(A) for the 2015 ozone NAAQS.

Based upon review of the state's infrastructure SIP submission for the 2015 O3 NAAQS, and relevant statutory and regulatory authorities and provisions referenced in the submission or referenced in Iowa's SIP, the EPA proposes to find that the Iowa SIP meets the requirements of section 110(a)(2)(A) for the 2015 O3 NAAQS and is proposing to approve this element. 

The EPA does not consider the SIP requirements triggered by the nonattainment area mandates in part D of Title 1 of the CAA to be governed by the submission deadline of section 110(a)(1). Furthermore, Iowa does not have any areas that are designated as nonattainment for the 2015 ozone NAAQS. Iowa's 2015 O3 iSIP (contained within this docket) generally listed provisions within its SIP which regulate pollutants through various programs, including major or minor source permit programs. The EPA proposes to find that this suffices to meet the requirements of section 110(a)(2)(A) for the 2015 ozone NAAQS.

(B) Ambient air quality monitoring/data system: Section 110(a)(2)(B) requires SIPs to include provisions to provide for establishment and operation of ambient air quality monitors, collection and analysis of ambient air quality data, and making these data available to the EPA upon request.

The Iowa Code requires the Iowa DNR Director to monitor air quality (455B.134(4)). Ambient air monitoring is implemented with agreements with the University of Iowa's State Hygienic Laboratory, the Linn County Local Program, and the Polk County Local Program. The ambient air quality monitoring program collects air monitoring data, quality assures the results, and reports the data. Iowa DNR submits an annual monitoring network plan to EPA for approval, including plans for its ozone monitoring network, as required by 40 CFR 58.10. Prior to submission, Iowa provides the plans for public review on Iowa DNR's website.

The Iowa DNR operates monitors in the largest metropolitan statistical areas, monitors to measure background concentrations, and monitors for regional transport. Iowa is currently in attainment with the 2015 ozone standards.

Based upon review of the state's infrastructure SIP submission for the 2015 O3 NAAQS, and relevant statutory and regulatory authorities and provisions referenced in the submission or referenced in Iowa's SIP, the EPA proposes to find that the Iowa SIP meets the requirements of section 110(a)(2)(B) for the 2015 O3 NAAQS and is proposing to approve this element. 

 (C) Program for enforcement of control measures (PSD, New Source Review for nonattainment areas, and construction and modification of all stationary sources): Section 110(a)(2)(C) requires states to include the following three elements in the SIP: (1) a program providing for enforcement of all SIP measures described in section 110(a)(2)(A); (2) a program for the regulation of the modification and construction of stationary sources as necessary to protect the applicable NAAQS (i.e., state-wide permitting of minor sources); and (3) a permit program to meet the major source permitting requirements of the CAA (for areas designated as attainment or unclassifiable for the NAAQS in question). 
 
Iowa statute requires the Iowa DNR to enforce the requirements of control measures necessary to meet the requirements of Section 110(a)(2)(C). The EPC approves administrative rules that establish the schedule or range of civil penalties (Iowa Code 455B.109, 567 IAC Chapter 10). The Iowa DNR Director has the duty and authority to issue orders consistent with administrative rules to control air pollution or ensure compliance with permit conditions (Iowa Code 455B.134(9); 455B.138). The State of Iowa may seek judicial review and legal action to enforce the rules and regulations (Iowa Code 455B.140-141). Criminal penalties may also be sought by the State of Iowa (Iowa Code 455B.146A).

The Iowa DNR's compliance program has staff in both the central office and six field offices to ensure that industry, businesses, institutions, and individuals are in compliance with state and federal air quality regulations.

Iowa DNR is required to implement a SIP approved pre-construction permit and prevention of significant deterioration (PSD) program (Iowa Code 455B.133(6); 37 FR 10842, 50 FR 37176, and 72 FR 27056). The preconstruction permit program reviews design and performance objectives for sources of air contaminants to determine their likely compliance with state and federal requirements. New facilities must be designed to meet emissions standards and shall not cause or contribute to a violation of ambient air quality standards. DNR is prohibited from issuing a permit if the project would result in violation of emission limits or other provisions in the SIP (567 IAC Chapters 22-23 and 33).

Iowa DNR also is required to implement a fully approved operating permit program (Iowa Code 455B.133(8), 567 IAC Chapter 22) which is commonly known as Title V. A Title V facility, also referred to as a major stationary source of air pollutants, is a facility that has the potential to emit 100 tons per year (tpy) or more of any air pollutant subject to regulation; or the potential to emit 10 tpy or more of any individual hazardous air pollutant; or the potential to emit 25 tpy or more of any combination of hazardous air pollutants.

A Title V operating permit incorporates into one document all of the pre-construction permits and state and federal regulatory requirements of the air quality program for each facility that is a major source of air pollution. The operating permit includes provisions describing how compliance with each requirement will be maintained on a continuous basis. Facilities are required to provide semi-annual emissions monitoring reports and an annual compliance certification report. The Title V operating permit provides a comprehensive review of a facility's requirements under the Act.

On January 17, 2017, the EPA promulgated a final rule entitled ``Revisions to the Guideline on Air Quality Models: Enhancements to the AERMOD Dispersion Modeling System and Incorporation of Approaches To Address Ozone and Fine Particulate Matter'' (also referred to as the 2017 Guideline). See 82 FR 5182. The preamble to the 2017 Guideline, in the `Dates' section says:
      
      For all regulatory applications covered under the Guideline, except for transportation conformity, the changes to the appendix A preferred models and revisions to the requirements and recommendations of the Guideline must be integrated into the regulatory processes of respective reviewing authorities and followed by applicants by no later than January 17, 2018.

For purposes of infrastructure SIP requirements, regulatory applications of the Guideline include the PSD elements of CAA sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3), and 110(a)(2)(J). EPA's PSD regulations at 40 CFR 51.166(l) require SIP PSD programs to base air quality modeling on the Guideline. States were required to integrate the 2017 Guideline into their PSD programs by January 17, 2018. Additionally, a state may also rely on the 2017 Guideline to satisfy the modeling requirements of Section 110(a)(2)(K). 

The most direct way for states to meet this requirement is to integrate the 2017 Guideline is to revise the regulations in their SIP to incorporate the 2017 Guideline. Iowa promulgated its incorporation by reference of the 2017 Guideline in 567 IAC 33.3(2). On June 25, 2021, the EPA published a final rule that approved Iowa's incorporation by reference of the 2017 Guideline into the SIP. See 86 FR 33544. Accordingly, the EPA is proposing to find that Iowa's infrastructure SIP submission demonstrates that new major sources and major modifications in areas of Iowa that are designated attainment or unclassifiable for the specified NAAQS are subject to a federally-approved PSD permitting program meeting all the current structural requirements of part C of title I of the CAA to satisfy the infrastructure SIP PSD elements. Thus, the EPA is proposing to find that Iowa's infrastructure SIP submission, in addition to the EPA's June 25, 2021, approval of the incorporation of the 2017 Guideline into the SIP, meets the requirements of 110(a)(2)(C) for the infrastructure requirements for the 2015 8-hour ozone NAAQS.

(D) Interstate and international transport: Section 110(a)(2)(D)(i) includes four requirements referred to as prongs 1 through 4. Prongs 1 and 2 are provided at section 110(a)(2)(D)(i)(I); Prongs 3 and 4 are provided at section 110(a)(2)(D)(i)(II). Section 110(a)(2)(D)(i)(I) requires SIPs to include adequate provisions prohibiting any source or other type of emissions activity in one state from contributing significantly to nonattainment (prong 1), or interfering with maintenance (prong 2), of any NAAQS in another state. Section 110(a)(2)(D)(i)(II) requires SIPs to include adequate provisions prohibiting any source or other type of emissions activity in one state from interfering with measures required of any other state to prevent significant deterioration of air quality (prong 3) or to protect visibility (prong 4). 

110(a)(2)(D)(i)(I) - Prongs 1 and 2

In this notice, we are not proposing to take any actions related to the interstate transport requirements of section 110(a)(2)(D)(i)(I)  -  prongs 1 and 2. The EPA intends to act on 110(a)(2)(D)(i)(I) - prongs 1 and 2 in a subsequent action. 

 110(a)(2)(D)(i)(II)  -  Prong 3

With respect to section 110(a)(2)(D)(i)(II) -- prong 3  -  Iowa's Prevention of Significant Deterioration (PSD) permitting program applies statewide to ensure that new and modified sources of pollution do not cause or contribute to violations of air quality standards. The EPA also notes that Iowa's satisfaction of the applicable infrastructure SIP PSD requirements for attainment/unclassifiable areas of the 2015 O3 NAAQS have been detailed in the section addressing section 110(a)(2)(C). Therefore the EPA proposes to find that Iowa has met the infrastructure SIP requirements of Prong 3 of Section 110(a)(2)(D)(i)(II) related to prevention of significant deterioration of air quality.

110(a)(2)(D)(i)(II) -  Prong 4

With regard to the applicable requirements for visibility protection of section 110(a)(2)(D)(i)(II)- prong 4, states are subject to visibility and regional haze program requirements under part C of the CAA (which includes sections 169A and 169B). The 2013 Guidance states that these requirements can be satisfied by an approved SIP addressing reasonably attributable visibility impairment, if required, and an approved SIP addressing regional haze. 
      
The EPA approved Iowa's Regional Haze Plan, effective January 2, 2020. 84 FR 66075, December 3, 2019. Therefore, the EPA proposes to find that Iowa has met the infrastructure SIP requirements of section 110(a)(2)(D)(i)(II) related to visibility protection for the 2015 O3 NAAQS. 
110(a)(2)(D)(ii)

Section 110(a)(2)(D)(ii) also requires that the SIP ensure compliance with the applicable requirements of sections 126 and 115 of the CAA, relating to interstate and international pollution abatement, respectively. 
      
Iowa's SIP contains adequate provisions to comply with the obligations (relating to interstate and international pollution abatement) of Section 110(a)(2)(D)(ii). As evidence, no source or sources within Iowa are the subject of a finding under 42 USC 7426 (Section 126 of the CAA) or 42 USC 7415 (Section 115 of the CAA) with respect to ozone (or any other NAAQS).
      
Based upon review of the state's infrastructure SIP submission for the 2015 O3 NAAQS, and relevant statutory and regulatory authorities and provisions referenced in the submission or referenced in Iowa's SIP, the EPA proposes to find that Iowa has the adequate infrastructure needed to address 110(a)(2)(D)(ii) for the 2015 O3 NAAQS and is proposing to approve this element of the November 30, 2018, submission. 
      
(E) Adequate authority, resources, implementation, and oversight: Section 110(a)(2)(E) requires that SIPs provide for the following: (1) necessary assurances that the state (and other entities within the state responsible for implementing the SIP) will have adequate personnel, funding, and authority under state or local law to implement the SIP, and that there are no legal impediments to such implementation; (2) requirements that the state comply with the requirements relating to state boards, pursuant to section 128 of the CAA; and (3) necessary assurances that the state has responsibility for ensuring adequate implementation of any plan provision for which it relies on local governments or other entities to carry out that portion of the plan.

The Iowa DNR has adequate personnel, funding, and authority to fulfill the requirements of the SIP. Detailed information on authority is listed in the portion on Section 110(a)(2)(A). There are no legal impediments to implementing the 2015 ozone NAAQS. The program's budget is funded by the State General Fund, the State Environment First Fund, EPA grants authorized under Sections 103 and 105 of the CAA, and fees. More information on fees is provided under CAA Section 110(a)(2)(L). EPA conducts periodic program reviews to ensure that the state has adequate resources and funding to implement the SIP.

As indicated earlier, the EPC was established in Iowa Code 455A.6. Members of the EPC must comply with ethics, gift restrictions, and conflict of interest requirements as outlined in Iowa law (Iowa Code 68B, 69). The Governor's Office provides annual training to new board and commission members to explain the requirements.

Iowa DNR has delegated the duties for the abatement, control, and prevention of air pollution to the Linn County Health Department Air Quality Division and the Polk County Public Works Air Quality Division, for each of their respective counties (Iowa Code 455B.144-146). The Linn County and Polk County programs were initially approved into the SIP in 1989 (54 FR 33526, 54 FR 33528).

Iowa DNR and the Linn & Polk County Local Programs annually negotiate and sign comprehensive letters of agreement or contracts. Program emphasis is placed on the collection and assessment of information regarding air quality, the permitting of sources of air emissions, the enforcement of emission limits and the attainment and maintenance of ambient air quality standards. Funding for activities in the scope of work under each contract is paid for by a portion of the Iowa DNR's EPA grants under Sections 103 and 105 of the CAA, and fees. Iowa DNR conducts biennial program reviews.

Based upon review of the state's infrastructure SIP submission for the 2015 O3 NAAQS, and relevant statutory and regulatory authorities and provisions referenced in the submission or referenced in Iowa's SIP, the EPA proposes to find that the Iowa SIP meets the requirements of section 110(a)(2)(E) for the 2015 O3 NAAQS and is proposing to approve this element of the November 30, 2018, submission. 

(F) Stationary source monitoring system: Section 110(a)(2)(F) requires states to establish a system to monitor emissions from stationary sources and to submit periodic emission reports. Each SIP shall require the installation, maintenance, and replacement of equipment, and the implementation of other necessary steps, by owners or operators of stationary sources, to monitor emissions from such sources. The SIP shall also require periodic reports on the nature and amounts of emissions and emissions-related data from such sources, and requires that the state correlate the source reports with emission limitations or standards established under the CAA. These reports must be made available for public inspection at reasonable times.

Administrative rules (567 IAC Chapter 25) provide detailed requirements for owners or operators of stationary sources to monitor emissions. Stack testing observation (Iowa Code 455B.134(4)) ensures the quality of emissions data. The data quality may be assured through field test audits and reviewing test reports. The field audits consist of making sure the correct methodology is followed, approving on-site variations, ensuring the tested emission source is operating in an acceptable manner, and answering questions posed by the testing group and the facility. The report review verifies the test results by checking the calculations and lab analysis. A stack test summary is generated and the compliance status of the emission point is determined.
Iowa DNR also receives and reviews annual compliance certifications and semi-annual monitoring reports required under the Title V program (Iowa Code 455B.133(8), 567 IAC Chapter 22). Information collected through emission inventories are submitted to EPA in accordance with federal air emissions reporting requirements.

Iowa uses this information to track progress towards maintaining the NAAQS, developing control and maintenance strategies, identifying sources and general emission levels, and determining compliance with emission regulations and additional EPA requirements. The reports are available to the public at the Iowa DNR's Records Center during normal business hours with some reports available electronically. DocDNA is the Iowa DNR's online electronic records system for many public records.

Based upon review of the state's infrastructure SIP submission for the 2015 O3 NAAQS, and relevant statutory and regulatory authorities and provisions referenced in the submission or referenced in Iowa's SIP, the EPA proposes to find that the Iowa SIP meets the requirements of section 110(a)(2)(F) for the 2015 O3 NAAQS and is proposing to approve this element of the November 30, 2018, submission. 

(G) Emergency authority: Section 110(a)(2)(G) requires SIPs to provide for authority to address activities causing imminent and substantial endangerment to public health or welfare or the environment (comparable to the authorities provided in section 303 of the CAA), and to include contingency plans to implement such authorities as necessary. 

The Iowa DNR Director has the authority to issue an emergency order if any person is causing air pollution which requires immediate action to protect public health and safety (Iowa Code 455B.139). Administrative rules (567 IAC Chapter 26) have been developed to prevent the excessive buildup of air contaminants and have been previously approved into the SIP (74 FR 68692).
      
Based upon review of the state's infrastructure SIP submission for the 2015 O3 NAAQS, and relevant statutory and regulatory authorities and provisions referenced in the submission or referenced in Iowa's SIP, the EPA proposes to find that the Iowa SIP meets the requirements of section 110(a)(2)(G) for the 2015 O3 NAAQS and is proposing to approve this element of the November 30, 2018, submission. 
       
(H) Future SIP revisions: Section 110(a)(2)(H) requires states to have the authority to revise their SIPs in response to changes in the NAAQS, availability of improved methods for attaining the NAAQS, or in response to an EPA finding that the SIP is substantially inadequate to attain the NAAQS. 

Iowa is required to adopt, amend, or repeal rules pertaining to the evaluation, abatement, control, and prevention of air pollution which may be necessary to ensure that Iowa complies with Section 110 of the CAA (Iowa Code 455B.133(2)). This includes a requirement to revise rules as necessary to respond to a revised NAAQS and to respond to EPA findings of substantial inadequacy.

Based upon review of the state's infrastructure SIP submission for the 2015 O3 NAAQS, and relevant statutory and regulatory authorities and provisions referenced in the submission or referenced in Iowa's SIP, the EPA proposes to find that the Iowa SIP meets the requirements of section 110(a)(2)(H) for the 2015 O3 NAAQS and is proposing to approve this element of the November 30, 2018, submission. 

(I) Nonattainment areas: Section 110(a)(2)(I) requires that in the case of a plan or plan revision for areas designated as nonattainment areas, states must meet applicable requirements of part D of the CAA, relating to SIP requirements for designated nonattainment areas.

The EPA does not expect infrastructure SIP submissions to address subsection (I). The specific SIP submissions for designated nonattainment areas, as required under CAA title I, part D, are subject to different submission schedules than those for section 110 infrastructure elements. Instead, the EPA will take action on part D attainment plan SIP submissions through a separate rulemaking governed by the requirements for nonattainment areas, as described in part D.

(J) Consultation with government officials, public notification, PSD and visibility protection: Section 110(a)(2)(J) requires SIPs to meet the applicable requirements of the following CAA provisions: (1) section 121, relating to interagency consultation regarding certain CAA requirements; (2) section 127, relating to public notification of NAAQS exceedances and related issues; and (3) part C of the CAA, relating to prevention of significant deterioration of air quality and visibility protection.

Iowa DNR has the duty and authority and resources to meet the requirements of Section 7421 including consultation for transportation controls, air quality maintenance plan requirements, or preconstruction review. The Iowa DNR also is required to provide a satisfactory process of consultation with local government, designated organizations of elected officials of local governments such as council of governments, and applicable federal land managers, to carry out the consultation requirements of Section 7421 (455B.133(1,4)).

The Iowa DNR provides a copy of each PSD permit to EPA prior to the start of the public comment process. Public notifications of proposed PSD projects are posted to the air quality Public Participation page on the Iowa DNR's website. Additional notice of the availability to comment is given to the public through public list serve announcements. List serve subscription information is available on several portions of the website. All new visitors to the site are encouraged to subscribe. The public notification contains the notice of application; preliminary determination; opportunity for comment at a public hearing as well as written comment. A copy of the notice of public comment is then sent to the applicant; the regional EPA office, the Iowa DNR Field Office; and officials and agencies having an interest in the proposed construction (567 Chapter 33.3(17)).

Iowa DNR has the duty, authority, and resources to meet the requirements of Section 7427(a) to notify the public regarding exceedances of the NAAQS which include public awareness measures which can be taken to prevent exceedances (455B.133(2), 455B.134(7)). The Iowa DNR utilizes press releases, online reports, and list serves to notify the public of exceedances. Awareness messages are included in these outreach methods as well as in public meetings.

Iowa DNR holds semi-annual air quality client contact meetings to focus on current and upcoming air program issues and changes. The meetings provide an open forum for stakeholders and the general public to discuss new state and federal air quality rules or air program developments and are a good source of information for anyone who works with or has an interest in activities related to air quality.

The Iowa DNR's Environmental Services Division (ESD) holds a monthly client contact group meeting prior to the EPC meetings. The ESD client contact group is an open forum to discuss issues related to all of the department's environmental programs.

Based upon review of the state's infrastructure SIP submission for the 2015 O3 NAAQS, and relevant statutory and regulatory authorities and provisions referenced in the submission or referenced in Iowa's SIP, the EPA proposes to find that the Iowa SIP meets the requirements of section 110(a)(2)(J) for the 2015 O3 NAAQS and is proposing to approve this element of the November 30, 2018, submission. 


(K) Air quality and modeling/data: Section 110(a)(2)(K) requires that SIPs provide for performing air quality modeling, as prescribed by the EPA, to predict the effects on ambient air quality of any emissions of any NAAQS pollutant, and for submission of such data to the EPA upon request.

The Iowa DNR has the authority to conduct modeling to complete ambient air impact analyses (Iowa Code 455B.133 (1-2)). As discussed in the CAA section 110(a)(2)(C) section of this document, the EPA has approved Iowa's incorporation by reference of the 2017 Guideline into the SIP. Thus, Iowa has the authority to conduct modeling in the manner prescribed by the EPA. In addition, the Iowa DNR is prohibited from issuing a permit if the project would result in or significantly contribute to a violation of the ambient air quality standards (567 IAC 22.3(1)) or other provisions in the federally approved SIP (567 IAC Chapters 22-23 and 33).

Atmospheric modeling allows the impacts of pollution from a proposed air pollution source to be determined before a source is constructed or modified. Ozone is predominantly a regional pollutant formed through secondary reactions of precursor emissions of nitrogen oxides (NOX) and volatile organic compounds (VOCs) from numerous and diverse existing sources. Regional photochemical models combine meteorological, emissions, and atmospheric chemistry information to predict the fate and formation of ozone and its precursors. Regional photochemical modeling results may support single source ozone assessments for permitting, SIP development, interstate pollutant transport analyses, and visibility impact assessments. Single source assessments, if required, will follow 40 CFR Part 51, Appendix W, Section 5.0, Models for Ozone and Secondarily Formed Particulate Matter.

Rarely, an individual source may emit ozone directly. If necessary in such cases, air dispersion modeling is conducted with an EPA approved model that uses mathematical formulations and information about the source emissions along with the local terrain and meteorological data to predict ozone concentrations at locations selected by the user. Modeling is conducted in accordance with Department's modeling guidelines and with Appendix W of 40 CFR Part 51. DNR has the authority to collect and report data to EPA, upon request (Iowa Code 455B.134 (5, 7)).

Based upon review of the state's infrastructure SIP submission for the 2015 O3 NAAQS, and relevant statutory and regulatory authorities and provisions referenced in the submission or referenced in Iowa's SIP, the EPA proposes to find that the Iowa SIP meets the requirements of section 110(a)(2)(K) for the 2015 O3 NAAQS and is proposing to approve this element of the November 30, 2018, submission. 

(L) Permitting Fees: Section 110(a)(2)(L) requires SIPs to require each major stationary source to pay permitting fees to the permitting authority, as a condition of any permit required under the CAA, to cover the cost of reviewing and acting upon any application for such a permit, and, if the permit is issued, the costs of implementing and enforcing the terms of the permit. The fee requirement applies until a fee program established by the state pursuant to title V of the CAA, relating to operating permits, is approved by the EPA.

New source review construction and Title V operating permit applications are subject to application fees. Major sources are also subject to Title V annual emissions fees (567 IAC Chapter 30). Title V operating permit application and emissions fees are deposited in the air contaminant source fund (Iowa Code 455B.133B). Asbestos demolition notification projects regulated under the asbestos NESHAP are subject to fees. New source review construction permit applications and asbestos demolition notifications are deposited in the air quality fund (Iowa Code 455B.133C). The Iowa DNR website has additional information on all air quality fees.

Prior to the March EPC meeting, Iowa DNR holds fee advisory group meeting(s) to review the draft budget and provide recommendations. Each March the Iowa DNR presents an estimated or proposed budget to cover the reasonable cost of administering the fee programs to the EPC. Each May the EPC sets the fees as needed. The new fee rates, if changed at the May EPC meeting, would become effective on July 1. If no action is taken at the May EPC meeting, the existing fee amount(s) continue.

Based upon review of the state's infrastructure SIP submission for the 2015 O3 NAAQS, and relevant statutory and regulatory authorities and provisions referenced in the submission or referenced in Iowa's SIP, the EPA believes that the Iowa SIP meets the requirements of section 110(a)(2)(L) for the 2015 O3 NAAQS and is proposing to approve this element of the November 30, 2018, submission. 

(M) Consultation/participation by affected local entities: Section 110(a)(2)(M) requires SIPs to provide for consultation and participation by local political subdivisions affected by the SIP. 

Iowa DNR has delegated authority to the Linn County Health Department Air Quality Division and the Polk County Public Works Air Quality Division (Local Programs) to conduct programs for the abatement, control, and prevention of air pollution in their respective county (Iowa Code 455B.144-146).

The Local Programs are required to meet all the requirements of 567 IAC Chapter 27 to keep their status. The Local Programs issue permits, perform compliance inspections, respond to air quality complaints, and maintain a network of monitors for ambient air in each respective county. Iowa DNR issues PSD and Title V operating permits in Linn and Polk Counties.

The Local Programs have adopted air quality ordinances to implement federal, state, and local air pollution control requirements. The ordinances cannot be less stringent than federal or state standards; however, they can be more stringent. The ordinances are incorporated into the SIP in the same manner that the IAC is incorporated into the SIP.

Each year Iowa DNR negotiates an agreement to pass through federal funds and provide Title V funds sufficient to implement the programs. Revenue from local fee systems provides additional funding and required match to a portion of the pass through federal funds. The contracts are approved by the EPC for each new state fiscal year. Iowa DNR conducts biennial audits to ensure the Local Programs are meeting all requirements of the contract.

Both the Iowa DNR's and the Local Programs' administrative processes provide a public comment period. The comment period provides an opportunity for other local political subdivisions that may be affected by the plan to comment.

Iowa DNR frequently holds public meetings, like the semi-annual air quality client contact meetings. The open forum allows stakeholders and the general public to dialogue on a variety of topics. The Iowa DNR also communicates using press releases, online reports, and list serves. Rulemakings are also published on the Iowa DNR's website and in the Iowa Administrative Bulletin.

Based upon review of the state's infrastructure SIP submission for the 2015 O3 NAAQS, and relevant statutory and regulatory authorities and provisions referenced in the submission or referenced in Iowa's SIP, the EPA proposes to find that the Iowa SIP meets the requirements of section 110(a)(2)(M) for the 2015 O3 NAAQS and is proposing to approve this element of the November 30, 2018, submission. 

    Conclusions and Recommended Action

Based upon review of the state's infrastructure SIP submissions and relevant statutory and regulatory authorities and provisions referenced in the submissions or referenced in Iowa's SIP, the EPA has determined that the submittal complies with the applicable minimum completeness criteria in section 2.1 of appendix V to 40 CFR part 51 and the EPA proposes to find that Iowa has the infrastructure to address all applicable required elements of sections 110(a)(1) and (2) to ensure that the 2015 O3 NAAQS is implemented in the state.

The EPA proposes to approve the following elements of section 110(a)(2) for the 2015 O3 NAAQS: (A) through (C), (D)(i)(II) - prongs 3 and 4, (D)(ii), (E) through (H), and (J) through (M). 

EPA intends to act on 110(a)(2)(D)(i)(I) - prongs 1 and 2 in a subsequent action and proposes no action at this time on section 110(a)(2)(I). 


