* The Iowa DNR is proposing to issue these construction permit(s). Written comments should be directed immediately to the assigned engineer.
Operating Permits
The Iowa DNR Air Quality Bureau (DNR) will request that the Environmental Protection Commission (Commission) approve final rules to provide regulatory certainty at the Commission meeting on February 20, 2018.
Summary of Rule Changes
The purpose of the air quality rule changes is two-fold:
- The rule changes rescind unnecessary rules and update other rules to provide regulatory certainty and flexibility to stakeholders, while also continuing the Department’s rules review plan to implement Iowa Code section 17.7(2). Specific examples include:
- Correcting and clarifying the construction permit exemptions and Title V insignificant activities.
- Providing regulatory relief to facilities applying for a paint booth permit by rule by exempting powder-coating operations from the eligibility criteria for the permit by rule.
- Rescinding lengthy rules adopted to implement the federal Clean Air Interstate Rule (CAIR), now that CAIR is no longer in effect.
- The rules also eliminate inconsistency between federal and state rules, and ensure that Iowa’s air quality rules are no more stringent than federal regulations. In some cases, the federal standards proposed for adoption provide more flexibility and potential cost savings for affected businesses. Specific examples include:
- Adopting the most current EPA methods for measuring air pollutant emissions (stack testing and continuous monitoring). EPA eliminated outdated procedures and added alternative testing methods.
- Updating the state’s Title V and Prevention of Significant Deterioration (PSD) rules to reflect EPA’s recent revisions that allow electronic methods for providing public notice.
- Adopting revised and final EPA rules for boilers that, after years of litigation and reconsideration, include needed clarification, flexibilities and regulatory relief to many of the affected facilities.
- Rescinding adoption of federal rules for ferroalloys production because Iowa has never had any affected facilities, and is unlikely to have any affected facilities in the future.
*This rulemaking is referred to as “Part 2” because it follows the Regulatory Certainty rulemaking finalized in 2017.
Rulemaking documents:
- Final Rule Final rulemaking to be presented to the Commission on February 20, 2018.
- Notice of Intended Action published as ARC 3520C in the Iowa Administrative Bulletin on December 20, 2017.
If the Commission approves the final rules, the Adopted and Filed Rulemaking will be published in the Iowa Administrative Bulletin and the Iowa Administrative Code (IAC) on March 14, 2018. The Administrative Rules Review Committee (ARRC) will review the published rules. If ARRC takes no action, the adopted rules will become effective in the IAC on April 18, 2018.
For more information, please contact Christine Paulson by e-mail at Christine.Paulson@dnr.iowa.gov or by phone at 515-725-9510.
The DNR is proposing to revise the “Is Modification to My Air Construction Permit Needed?” fact sheet and corresponding FAQ to incorporate updates made to 40 CFR Part 51 Appendix W. The fact sheet and FAQ have been revised to allow additional operational flexibility to change discharge styles without a permit modification for downward to horizontal, downward to vertical obstructed, and downward to vertical unobstructed discharge types. These additional scenarios are proposed to be added to the draft fact sheet and FAQ.
The DNR will accept comments related to the draft fact sheet and FAQ until 4:30 p.m. on Wednesday, November 8, 2017. Please direct all questions or comments to:
Peter Zayudis
Environmental Engineer Senior
Air Quality Bureau
Iowa Department of Natural Resources
7900 Hickman Road, Suite 1
Windsor Heights, Iowa 50324
Peter.Zayudis@dnr.Iowa.gov
Proposed Rules to Increase the Asbestos Notification Fee and Modify the Fee Setting Process
The Iowa DNR Air Quality Bureau (DNR) invites the public to provide formal comments on a proposed rulemaking. On January 17, 2018, the Environmental Protection Commission (Commission) approved the proposed rulemaking (Notice of Intended Action) for formal public comment.
Summary of Proposed Rule Changes
The proposed rule will increase the fee and dollar cap on asbestos notifications. It will rescind an exemption to the asbestos notification fee to address confusion about whether a fee is required. Finally, the proposed rule will provide a process for the Department to request that the Commission adjust fees at any time during a fiscal year if the Department determines that established fees are projected to be insufficient to maintain all or part of any air quality program that is subject to fees specified in Chapter 30.
The Commission intends on filing these rules as Adopted and Filed Emergency after Notice, to be effective on March 20, 2018, pursuant to Iowa Code 17A.5(2)“b”(1)(b), following public comment and a public hearing. The normal effective date should be waived and the amendments should be made effective upon filing, as the amendments confer a benefit on economic development for regulated entities by providing the Department the financial means to provide quality environmental services to Iowa business while protecting the citizens of Iowa.
The Department will present a revised Fee Schedule to the Commission for approval when the Department requests final adoption of the rules following the public comment period. If approved by the Commission, the fee change is anticipated to become effective on April 23, 2018.
How to Provide Comments
The DNR will hold a public hearing Tuesday, March 6, 2018, at 1:00 p.m. at the DNR offices in the Wallace State Office Building, 502 East 9th Street, Des Moines, Iowa. The Department will also accept written public comments until 4:30 p.m. on March 6, 2018. Written comments and suggestions on the proposed rules may be provided to Wendy Walker or by email to wendy.walker@dnr.iowa.gov, by mail or hand-delivery to: DNR Air Quality Bureau, 502 E. 9th St., Des Moines, Iowa, 50319, or by fax to 515-725-9501.
Rulemaking documents:
For more information, please contact Wendy Walker by email at wendy.walker@dnr.iowa.gov or by phone at 515-725-9570.
Opportunity for Comment on Proposed Modeling Determination
The DNR is proposing an update to the method used to determine when a dispersion modeling analysis will be needed for construction permitting projects at portable plants. The proposed change has been incorporated into a draft version of Form MD. A 2-week informal comment period will extend from February 7 through February 21. At the end of the comment period the DNR will address any comments that are received and finalize the document.
The current modeling determination procedure may result in unnecessary dispersion modeling analyses for portable plants. Specifically, Section 2 (Availability of Air Resources) of Form MD indicates that previous modeling for the facility should be used to determine if pollutant concentrations are approaching the level of the NAAQS in the vicinity of the facility. These instructions were developed with stationary sources in mind. New equipment being permitted for a portable plant may or may not operate in the same area as equipment included in previous modeling analyses. This makes it difficult to pre-determine the availability of air resources in the vicinity of portable plants. For these reasons the DNR is proposing that Section 2 of Form MD should be left blank when this form is being used for a portable plant, and that the availability of air resources will instead be determined by the DNR on a case-by-case basis when the application is processed. This is the same procedure currently being used for new facilities.
Please send any comments or questions to Brad Ashton at Brad.Ashton@dnr.iowa.gov, or by phone at (515) 725-9527, by 4:30 pm on February 21.