Opportunity for Comment on Draft Exemption Rulemaking

February 25, 2005

The department is requesting comments on a draft rule that adds 12 new exemptions from the requirement to obtain a construction permit. A copy of the draft rulemaking, with supporting technical justification for allowing the exemptions, is available for review and comment at the bottom of this page.

In January 2005, the department, with representatives from 10 Iowa industrial facilities, the Iowa Department of Economic Development, the University of Northern Iowa Emissions Assistance Program, and Region VII of the U.S. Environmental Protection Agency (EPA), met to draft a plan for addressing how “indoor” sources of air pollution are addressed in air construction permitting. “Indoor” sources are sources of air pollution that are not directly vented to the outside but have emissions that leave the building through doors, vents, or other means. The department has historically only required that equipment or processes at these sources be permitted if they were part of a significant project, or if the emissions were exhausted indoors in a manner that was intended to circumvent the requirement to obtain a construction permit. Based on the recommendations of the workgroup, the department is further clarifying which equipment or processes are exempted from the requirement to obtain a construction permit. The department believes that these rules do not represent a relaxation of air pollution permitting or control requirements but represent historical expectations for construction permitting.

The proposed 12 new construction permitting exemptions to Chapter 22 include an exemption for many equipment, processes, and activities that are included in a list of “trivial” activities from EPA’s 1995 “White Paper for Streamlined Development of Part 70 Permit Applications.” Equipment, processes, and activities that have no specific applicable requirements and result in extremely small emissions are considered to be “trivial” activities for purposes of Part 70 (Title V) operating permit applications. Based on the department’s technical review, these activities generate emissions that have no environmental or human health consequences and can therefore also be exempted from the requirement to obtain a construction permit.

The other 11 exemptions include direct fired fuel burning equipment, closed refrigeration systems, wet grain handling, cleaning and phosphating, powder coating operations, certain production painting, adhesives, or coating units, production surface coating activities that use only non-refillable hand held aerosol cans, certain production welding equipment, soldering, pressurized piping and storage systems, and emissions from the storage and mixing of paints, solvents, or flammable materials.

The proposed rulemaking also clarifies that the permitting exemptions in Chapter 22 do not relieve the owner or operator of any source from any obligation to comply with any other applicable requirements. Additionally, the proposed rulemaking will allow equipment and processes that are subject to certain regulatory requirements, such as a New Source Performance Standard (NSPS) or a National Emission Standard for Hazardous Air Pollutants (NESHAP), to use the exemptions from construction permitting, provided there are no requirements in the standards applicable to these equipment or processes.

The department plans to present this draft rule to the Environmental Protection Commission for information at the March 21, 2005 Commission meeting. Any comments or suggestions that you would like considered prior to the rule being presented for public notice to the Commission in April 2005 should be submitted by March 16, 2005. Submit suggested changes, comments, and questions to Wendy Rains at wendy.rains@dnr.iowa.gov or by phone at (515) 281-6061.

• Draft Exemptions (PDF File) - Link Disabled due to document being outdated
• Exemption Justification (PDF File) - Link Disabled due to document being outdated