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Construction Permit Exemptions

  • Air Construction Permitting Exemption for Small Units
  • Small Unit Exemption (SUE) Eligibility for Equipment Subject to a NESHAP |
    A facility owner or operator is not eligible to use the small unit exemption (SUE) (567 IAC subrule 22.1(2)”w”) if an emission unit emits a hazardous air pollutants and is “required to be reviewed for compliance” with a National Emission Standard for Hazardous Air Pollutants (NESHAP). This DNR guidance document helps explain this requirement, and includes several examples of equipment that can still use the SUE, and some equipment that may no longer qualify for the SUE because of NESHAP requirements.

Exemptions are listed in the DNR's administrative rules; they are found in subrule 22.1(2) of 567 IAC.

The administrative rules can be easily accessed on the Internet at https://www.legis.iowa.gov/ by following the following steps:
  • Under Popular Publications, click on "Iowa Administrative Code"
  • The agency is "Natural Resources Department [561]" - "Environmental Protection Commission [567]"
    • Click on "Chapters"
  • Chapter 22 (Controlling Pollution), Click on "pdf" or "rules"
  • Exemptions are listed at the beginning of the chapter under 22.1(2)

A hard copy of the administrative rules may also be obtained at the DNR records center. If you questions on any of the exemptions, call 1-877-AIR-IOWA (1-877-247-4692).


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