New Ethanol Rules:
The Environmental Protection Commission (EPC) approved final rule changes to air quality regulations for ethanol production facilities during their regular meeting on October 1. The changes adopt U.S. Environmental Protection Agency (EPA) amendments into the Iowa Administrative Code. The final rules became effective on October 4, 2007, and will be published in the Iowa Administrative Code on October 24.
On April 12, 2007, the EPA modified the definition of “chemical process plants” as it applies to one of three Clean Air Act permitting programs. New ethanol plants or planned expansions previously permitted to emit up to 100 tons per year of any regulated pollutant before becoming subject to Prevention of Significant Deterioration (PSD) preconstruction permits will be allowed to emit up to 250 tons per year. Operating and preconstruction permits that have already been issued for ethanol plants will remain in effect.
The new rules also state that ethanol processing plants no longer need to include fugitive emissions in determining applicability for the PSD and Title V programs. Fugitive emissions are emissions that do not come from process stacks or vents (i.e. dust from road use or dust from unloading carbohydrate feed stocks).
Catharine Fitzsimmons, DNR air quality bureau chief, emphasized that all ethanol production facilities are required to meet pollution limits and the revisions will not contribute to air quality that will violate National Ambient Air Quality Standards. “These changes also support Iowa’s energy independence goals by giving smaller, independent ethanol producers more leeway in getting their facilities up and running.”
A public hearing for the proposed rules was held on September 5, 2007. The public comment period closed on September 6, 2007. The Department's Responsiveness Summary accompanied the final rules to presented to the Commission on October 1st.
The Department also has prepared implementation guidance for the final rules.