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All current Air Quality related public input opportunities are shown below. Please note that not all categories will have items available for comment at all times.
Construction Permits
* The Iowa Department of Natural Resources (DNR) is proposing to issue these construction permit(s). Written comments should be directed immediately to the assigned engineer.
Operating Permits
Administrative Rules
- Rulemaking for new air quality standards
Purpose of the Rule Changes
The purpose of the proposed rule changes is to ensure that the air quality in Iowa is maintained by making necessary revisions and additions to state air quality rules to implement new or revised national ambient air quality standards (NAAQS) for these air pollutants:
- Fine Particulate Matter (PM2.5);
- Lead; and
- Sulfur Dioxide (SO2).
In consultation with stakeholders, the DNR is seeking to make the changes necessary to maintain air quality and protect the public health, while minimizing the regulatory impact to the extent possible. The draft proposal incorporates recommendations from the PM2.5 Stakeholder Workgroup held in 2010, and subsequent discussions with stakeholders about Clean Air Act requirements. Once adopted, the final rules will be submitted to EPA to become part of Iowa’s State Implementation Plan (SIP) to maintain air quality in the state.
Summary of Rule Changes
The DNR is proposing to revise requirements for exemptions from the requirements to obtain an air construction permit and Title V insignificant activities, both contained in Chapter 22, to set emission thresholds and operating conditions for PM2.5 and lead to sufficiently project public health. Additionally, the DNR is proposing to revise the rules in Chapter 22 for the spray booth permit by rule (PBR) to add content limits for lead-containing spray materials.
The DNR is also proposing to revise Chapter 28 to adopt by reference the new SO2 NAAQS and to remove the use of PM10 (particulate matter with a diameter of 10 microns or less) as a surrogate for the annual PM2.5 NAAQS. The new lead and NO2 NAAQS were adopted in previous rulemakings.
Status of Rulemaking
On May 21, 2013, the DNR will ask the Environmental Protection Commission to approve the publication of the Notice of Intended Action and to accept formal public comments on the proposal (available at EPC webpage; click on the link at the top for the meeting materials for May 21, 2013, and then click on the bookmark on the left for item 17). If approved, the Notice of Intended Action will be published in the Iowa Administrative Bulletin on June 12, 2013 (available at Bulletin)
The DNR will hold a public hearing on the rulemaking on Monday, July 15, 2013, at 1:00 p.m. at the DNR’s Air Quality Bureau offices. The public may provide oral or written comments at the hearing. Additionally, the public may send written comments to the DNR by July 15, 2013. Please send written comments to Christine Paulson by email to christine.paulson@dnr.iowa.gov, by Fax to 515-242-5094, or by mail or hand delivery to DNR Air Quality Bureau, 7900 Hickman Road, Suite 1, Windsor Heights, Iowa, 50324. The DNR must receive all comments by 4:30 p.m. on July 15, 2013.
For questions, please contact Christine Paulson by email at christine.paulson@dnr.iowa.gov or by phone at (515) 242-5154.
- RICE NESHAP Adoption
The Iowa Department of Natural Resources (DNR) is proposing rule changes to adopt the federal air toxics standards for stationary engines commonly known as the RICE NESHAP. “RICE NESHAP” is the acronym for National Emission Standards for Hazardous Air Pollutants (NESHAP) for Reciprocating Internal Combustions Engines (RICE) (40 Code of Federal Regulations (CFR) Part 63 Subpart ZZZZ).
The U.S. Environmental Protection Agency (EPA) recently updated the RICE NESHAP. The revised RICE NESHAP generally provides regulatory relief and clarity from the previous requirements.
Upon adoption of RICE NESHAP amendments, the DNR rather than EPA will implement and enforce these regulations in Iowa. This allows the DNR to provide compliance assistance and outreach to affected facilities as soon as possible.
Need for Proposed Rule
In 2010, the Environmental Protection Commission (Commission) adopted earlier amendments to the RICE NESHAP. Executive Order (EO) 72 subsequently rescinded adoption of the RICE NESHAP amendments. EO 72 stated the RICE NESHAP was too costly for small utilities that maintain and operate rarely used emergency engines, and the RICE NESHAP requirements could increase electricity rates for consumers.
In response to the concerns from Governor Branstad as expressed in EO 72 and concerns from other stakeholders, EPA agreed to reconsider the RICE NESHAP. Consequently, EPA updated the standards to provide more circumstances for emergency engines and for engines that participate in electricity management programs to operate under non-emergency conditions. The DNR is now proposing to adopt the amendments to the RICE NESHAP.
Rulemaking Status
On April 16, 2013, the DNR requested permission from the Commission to publish a Notice of Intended Action to adopt the RICE NESHAP amendments. The DNR requested that the Commission adopt the RICE NESHAP by reference so that all compliance deadlines will be according to federal timelines. The Commission approved the DNR’s request to publish the Notice of Intended Action and to accept formal public comments on the proposal.
More information and instruction for providing public comments
RICE NESHAP Proposal
The DNR will hold a public hearing on the rulemaking on Tuesday, June 4, 2013, at 10:00 a.m. at the DNR’s Air Quality Bureau offices. The public may provide oral or written comments at the hearing. Additionally, the public may send written comments to the DNR by June 4, 2013. Please send written comments to Christine Paulson by email to christine.paulson@dnr.iowa.gov, by Fax to 515-242-5094, or by mail or hand delivery to DNR Air Quality Bureau, 7900 Hickman Road, Suite 1, Windsor Heights, Iowa, 50324. The DNR must receive all comments by 4:30 p.m. on June 4, 2013.
The Notice of Intended Action was published in the Iowa Administrative Bulletin (Bulletin) on May 15, 2013, and is available at published Notice. To access the entire Bulletin, go to Bulletin.
For questions, please contact Christine Paulson at christine.paulson@dnr.iowa.gov or by phone at (515) 242-5154.
- Proposed rulemaking for nonattainment new source review permitting
Purpose of the Rule Changes
The proposed rulemaking will adopt EPA’s nonattainment new source review (NSR) rules (40 CFR Part 51.165) for air construction projects in nonattainment areas. The nonattainment NSR program is mandated by part D of Title I of the Clean Air Act and is a preconstruction review and permitting program applicable to new or modified major stationary sources of air pollutants regulated under the Clean Air Act that are located in nonattainment areas. Nonattainment areas are areas that do not meet the National Ambient Air Quality Standards (NAAQS) for one or more pollutants. Currently a portion of Council Bluffs is a designated nonattainment area for lead.
Summary of Rule Changes
The DNR will retain previously adopted requirements for nonattainment areas in rule 22.5 for areas designated nonattainment prior to May 18, 1998. Retaining rule 22.5 will make the department’s existing nonattainment NSR rules no more or less stringent than the rules in 40 CFR 51.165 based on the federal regulations that were in effect when an area was designated nonattainment.
Rules for areas designated nonattainment on or after May 18, 1998, are in Chapter 31. The federal regulations include many instructions to the States that could be confusing for businesses if the federal regulations were adopted by directly referencing the federal regulations. The DNR proposes to adopt the bulk of the revised nonattainment rules into Chapter 31 and refer to actual plantwide applicability limits (40 CFR 51.165(f)) by reference.
The proposed rulemaking updates references to nonattainment NSR in many areas of 567 Iowa Administrative Code Chapters 20, 22, 31 and 33. A reference to an outdated federal guidance document is proposed to be removed. The list of nonattainment areas in Iowa is also proposed to be updated. Redundant language in Chapter 31 would also be removed.
When the Proposed Rules Would Be Used
These requirements apply only to specific major source permitting in nonattainment areas. Facilities in an area designated as nonattainment with modifications or new projects that meet nonattainment pollutant-specific emissions thresholds will have to comply with the permitting requirements such as lowest achievable emission rate (LAER) and offsets. LAER requires the installation of the most stringent emission limitation achievable. Offsets are emission reductions from the facility or neighboring sources which must offset the emissions increase and provide a net air quality benefit in the affected nonattainment area.
Major sources located near the nonattainment area that may significantly contribute to air quality violations in the nonattainment area would also be required to reduce the impact of their emissions on the nonattainment area if they undertake modifications or new projects that meet pollutant-specific emissions thresholds.
Information available for review
Status of Rulemaking
The DNR accepted informal public input on the proposal through December 14, 2012. The Governor’s office will be reviewing the proposed rules changes. If cleared, DNR will present the rulemaking to the Environmental Protection Commission (Commission). The public may provide additional comments at the Commission meeting. If the Commission approves the proposal, a Notice of Intended Action will be published in the Iowa Administrative Bulletin. The Notice’s publication will initiate a formal public comment period of at least 30 days. The DNR will hold a public hearing during the comment period.
For questions, please contact Wendy Walker by email at wendy.walker@dnr.iowa.gov or by phone at (515) 281-6061.
- Rulemaking to expand PAL opportunities for greenhouse gases
Purpose of the Proposed Changes
The purpose of this rulemaking is to adopt recent federal amendments to the PSD program related to greenhouse gas emissions. The proposed changes will streamline Iowa’s EPA-approved PSD program by expanding the existing provisions for plant wide applicability limits (PALs).
A PAL permit establishes plant wide emission limits on a pollutant-by-pollutant basis. If a facility can maintain its overall emissions of a particular pollutant below the PAL level, the facility can make changes without triggering PSD review. The proposed rule changes will provide additional opportunities for new and existing facilities to apply for PALs for greenhouse gases.
Need for rule changes
At this time, the DNR has received one application for a greenhouse gas PAL permit. Other companies have also inquired about the availability of a PAL permit for greenhouse gases since the federal amendments became effective on August 13, 2012.
Because Iowa has its own federally approved PSD program, the DNR cannot issue a final PAL permit including the new greenhouse gas provisions until these provisions are adopted into state administrative rules. Without final rules, applicants would need to apply to EPA to use the new PAL provisions.
Summary of Rule Changes
The rulemaking includes two proposed amendments to the PSD program rules in 567 Iowa Administrative Code Chapter 33. The proposed amendments match recent changes to federal regulations expanding the options for PALs for greenhouse gas emissions.
Status of Rulemaking
On May 21, 2013, the DNR will ask the Environmental Protection Commission to approve final rules (available at EPC webpage; click on the link at the top for meeting materials for May 21, 2013, and then click on the bookmark on the left for item 14 ). If approved, the adopted and filed rules will be published in the Iowa Administrative Bulletin and Iowa Administrative Code on June 12, 2013. The rules are scheduled to become effective on July 17, 2013.
The Notice of Intended Action was published in the Iowa Administrative Bulletin on March 20, 2013, and is available at published Notice. The DNR held a public hearing on the rulemaking on April 23, 2013. The DNR did not receive any public comments at the hearing and did not receive any written comments on the proposal.
For questions, please contact Christine Paulson by email at christine.paulson@dnr.iowa.gov, or by phone at 515-242-5154.
Area or Company Specific Plans
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Public Comment Period for the Muscatine PM2.5 SIP
The Iowa Department of Natural Resources (DNR) is requesting public comment on the State of Iowa's state implementation plan (SIP) for fine particulate matter (PM2.5) in Muscatine, Iowa.
In 2011, the U.S. Environmental Protection Agency (EPA) Region 7 found that Iowa's SIP was substantially inadequate to maintain the 2006 24-hour National Air Quality Standard (NAAQS) for PM2.5 in Muscatine. This finding was published in the Federal Register (76 FR 41424) on July 14, 2011, and was effective on August 15, 2011. EPA's finding required the State to revise the SIP and include measures to attain and maintain the 2006 24-hour PM2.5 NAAQS in Muscatine. The DNR collaborated with facilities in Muscatine to develop air pollution control measures that will result in expeditious attainment of the 24-hour PM2.5 NAAQS through reductions of ambient air impacts of PM2.5 emissions.
Any person may make written comments on this proposed SIP revision by June 25, 2013. Written comments should be directed to Jim McGraw, Department of Natural Resources, Air Quality Bureau, 7900 Hickman Road, Suite 1, Windsor Heights, Iowa, 50324, fax 515-242-5094, or by electronic mail to jim.mcgraw@dnr.iowa.gov.
A public hearing will be held on June 24, 2013, at 2:00 p.m. at the Muscatine City Hall Council Chambers, 215 Sycamore St., in Muscatine. All comments must be received no later than 4:30 p.m on June 25, 2013.
Any person who intends to attend the public hearing and has special requirements such as those related to hearing or mobility impairments should contact Jim McGraw at 515-242-5167 to advise of any specific needs.
A responsiveness summary will be prepared by the DNR following the close of the public comment period. The responsiveness summary will include any written or oral comments received during the public participation process and the DNR's response to the comments. The completed responsiveness summary will be forwarded to EPA and made available to the public upon request.
Information available for review
A hardcopy version of the document may also be viewed at the Musser Public Library, located at 304 Iowa Avenue, Muscatine, Iowa.
Other Air Quality Items
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Public Comment Period for the Regional Haze State Implementation Plan - 5 Year Review
The Iowa Department of Natural Resources (DNR) is requesting public comment on a proposed revision to the state implementation plan (SIP) to address visibility protection at national parks and scenic areas, also referred to as mandatory Class I Federal areas. The United States Environmental Protection Agency (EPA), under the authority of Section 169(a) of the federal Clean Air Act (CAA), promulgated visibility goals in the federal Clean Air Visibility rules.
This SIP revision fulfills the requirements for periodic reporting on evaluating progress toward reasonable progress goals in the mandatory Class I Federal areas potentially impacted by Iowa’s emissions. The mandatory Class I Federal areas were established by Congress under the 1977 Amendments to the CAA. Iowa does not have a mandatory Class I Federal area. Iowa may contribute to the visibility impairment at mandatory Class I Federal areas in Minnesota and Michigan. DNR has determined that additional emissions reductions of air pollutants that cause visibility impairment are not needed at this time. This decision is based upon the level of existing emissions controls, the reductions from recently mandated requirements, and other factors that have reduced emissions.
Any person may make written comments on this proposed SIP revision on or before June 12, 2013. Written comments should be directed to Matthew Johnson, Department of Natural Resources, Air Quality Bureau, 7900 Hickman Road, Suite 1, Windsor Heights, Iowa, 50324, fax 515-242-5094, or by electronic mail to Matthew.Johnson@dnr.iowa.gov.
A public hearing will be held at 1:00 p.m. on June 11, 2013, in the conference rooms at the Iowa DNR’s Air Quality Bureau office located at 7900 Hickman Road, Suite 1, Windsor Heights, Iowa. All comments must be received no later than June 12, 2013.
Any person who intends to attend the public hearing and has special requirements such as those related to hearing or mobility impairments should contact Matthew Johnson at 515-242-5164 to advise of any specific needs.
A responsiveness summary will be prepared by the Iowa DNR following the close of the public comment period. The responsiveness summary will include any written or oral comments received during the public participation process and the Iowa DNR’s response to the comments. The completed responsiveness summary will be forwarded to EPA and made available to the public upon request.
Information available for review
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