Iowa Admin. Code r. 567-24.100
For purposes of this chapter and unless otherwise stated, the following terms shall have the meaning indicated in this rule:
"12-month rolling period" means the same as defined in 567-22.1 (455B).
" 40 CFR Part 70 " means Part 70 or any specific section within Part 70 that is cited in this chapter, as amended through May 6, 2020, unless otherwise noted.
" 40 CFR Part 72 " means Part 72 or any specific section within Part 72 that is cited in this chapter, as amended through March 28, 2011, unless otherwise noted.
"Act" means the U.S. Clean Air Act (42 U.S.C. § 7401, et seq.), as amended through November 15, 1990.
"Actual emissions" means the actual rate of emissions of a pollutant from an emissions unit, as determined in accordance with the following:
Actual emissions for purposes of determining fees shall be the actual emissions calculated over a period of one year.
"Administrator" means the administrator for the United States Environmental Protection Agency (EPA) or designee.
"Affected source," as this definition is set forth in 40 CFR § 70.2, is adopted by reference.
"Affected state," as this definition is set forth in 40 CFR § 70.2, is adopted by reference.
"Affected unit," as this definition is set forth in 40 CFR § 70.2, is adopted by reference.
"Allowable emissions" means the emission rate of a stationary source calculated using both the maximum rated capacity of the source, unless the source is subject to federally enforceable limits that restrict the operating rate or hours of operation, and the most stringent of the following:
"Allowance," as this definition is set forth in 40 CFR § 72.2, is adopted by reference.
"Applicable requirement," as this definition is set forth in 40 CFR § 70.2, is adopted by reference.
"Area source" means any stationary source of hazardous air pollutants that is not a major source as defined in 567-24.100(455B).
"CFR" means the Code of Federal Regulations, with standard references in this chapter by Title and Part, so that " 40 CFR 51 " means "Title 40 of the Code of Federal Regulations, Part 51."
"Country grain elevator" means the same as defined in 567-subrule 22.10(1).
"Designated representative" means a responsible natural person authorized by the owner(s) or operator(s) of an affected source and of all affected units at the source, as evidenced by a certificate of representation submitted in accordance with Subpart B of 40 CFR Part 72, to represent and legally bind each owner and operator, as a matter of federal law, in matters pertaining to the acid rain program. Whenever the term "responsible official" is used in Chapter 24, it shall be deemed to refer to the designated representative with regard to all matters under the acid rain program.
"Draft Title V permit," as this definition is set forth in 40 CFR § 70.2, is adopted by reference.
"Electronic format," "electronic submittal," and"electronic submittal format" mean the same as defined in 567-22.1 (455B).
"Emergency generator" means the same as defined in 567-22.1 (455B).
"Emissions allowable under the permit," as this definition is set forth in 40 CFR § 70.2, is adopted by reference.
"Emissions unit," as this definition is set forth in 40 CFR § 70.2, is adopted by reference.
"EPA conditional method" means the same as defined in 567-22.1 (455B).
"EPA reference method" means the same as defined in 567-22.1 (455B).
"Existing hazardous air pollutant source" means any source as defined in 40 CFR 61 as adopted by reference in 567-subrule 23.1(3) and 40 CFR § 63.72 as adopted by reference in 567-subrule 23.1(4) with respect to Section 112(i)(5) of the Act, the construction or reconstruction of which commenced prior to proposal of an applicable Section 112(d) standard.
"Facility" means, with reference to a stationary source, any apparatus that emits or may emit any air pollutant or contaminant.
"Federal implementation plan" means a plan promulgated by the Administrator to fill all or a portion of a gap or otherwise correct all or a portion of an inadequacy in a state implementation plan, and that includes enforceable emission limitations or other control measures, means, or techniques and provides for attainment of the relevant national ambient air quality standard.
"Federally enforceable" means all limitations and conditions that are enforceable by the Administrator, including but not limited to the requirements of the new source performance standards and national emission standards for hazardous air pollutants contained in 567-subrules 23.1(2), 23.1(3), and 23.1(4); the requirements of such other state rules or orders approved by the Administrator for inclusion in the SIP; and any construction, Title V or other federally approved operating permit conditions.
"Final Title V permit" means the version of a Title V permit issued by the department that has completed all required review procedures.
"Fugitive emissions" are those emissions that could not reasonably pass through a stack, chimney, vent or other functionally equivalent opening.
"Hazardous air pollutant" means any of the air pollutants listed in Section 112 of the Act and 40 CFR § 63.2 as adopted by reference in 567-subrule 23.1(4).
"High-risk pollutant" means one of the hazardous air pollutants listed in Table 1 in 40 CFR § 63.74 as adopted by reference in 567-subrule 23.1(4).
"Major source" means any stationary source (or any group of stationary sources located on one or more contiguous or adjacent properties and under common control of the same person or of persons under common control) belonging to a single major industrial grouping that is any of the following:
* For pollutants other than radionuclides, any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit, in the aggregate, 10 tpy or more of any hazardous air pollutant that has been listed pursuant to Section 112(b) of the Act and these rules or 25 tpy or more of any combination of such hazardous air pollutants. Notwithstanding the previous sentence, emissions from any oil or gas exploration or production well (with its associated equipment) and emission from any pipeline compressor or pump station shall not be aggregated with emissions from other similar units, whether or not such units are in a contiguous area or under common control, to determine whether such units or stations are major sources.
* For Title V purposes, all fugitive emissions of hazardous air pollutants are to be considered in determining whether a stationary source is a major source.
* For radionuclides, "major source" shall have the meaning specified by the Administrator by rule.
* For ozone nonattainment areas, sources with the potential to emit 100 tpy or more of volatile organic compounds or oxides of nitrogen in areas classified or treated as classified as "marginal" or "moderate," 50 tpy or more in areas classified or treated as classified as "serious," 25 tpy or more in areas classified or treated as classified as "severe" and 10 tpy or more in areas classified or treated as classified as "extreme"; except that the references in this paragraph to 100, 50, 25, and 10 tpy of nitrogen oxides shall not apply with respect to any source for which the Administrator has made a finding, under Section 182(f)(1) or (2) of the Act, that requirements under Section 182(f) of the Act do not apply;
* For ozone transport regions established pursuant to Section 184 of the Act, sources with potential to emit 50 tpy or more of volatile organic compounds;
* For carbon monoxide nonattainment areas (1) that are classified or treated as classified as "serious" and (2) in which stationary sources contribute significantly to carbon monoxide levels, and sources with the potential to emit 50 tpy or more of carbon monoxide;
* For particulate matter (PM10), nonattainment areas classified or treated as classified as "serious," sources with the potential to emit 70 tpy or more of PM10;
* For the purposes of defining "major source," a stationary source or group of stationary sources shall be considered part of a single industrial grouping if all of the pollutant emitting activities at such source or group of sources on contiguous or adjacent properties belong to the same major group (i.e., all have the same two-digit code) as described in the Standard Industrial Classification Manual, 1987.
"Manually operated equipment" means a machine or tool that is handheld, such as a handheld circular saw or compressed air chisel; a machine or tool for which the work piece is held or manipulated by hand, such as a bench grinder; a machine or tool for which the tool or bit is manipulated by hand, such as a lathe or drill press; and any dust collection system that is part of such machine or tool; but not including any machine or tool for which the extent of manual operation is to control power to the machine or tool and not including any central dust collection system serving more than one machine or tool.
"Maximum achievable control technology (MACT) emission limitation for existing sources" means the definition adopted by reference in 567-subrule 23.1(4).
"Maximum achievable control technology (MACT) emission limitation for new sources" means the definition adopted by reference in 567-subrule 23.1(4).
"Maximum achievable control technology (MACT) floor" means the definition adopted by reference in 567-subrule 23.1(4).
"New Title IV affected source or unit" means a unit that commences commercial operation on or after November 15, 1990, including any such unit that serves a generator with a nameplate capacity of 25 MWe or less or that is a simple combustion turbine.
"Nonattainment area" means an area so designated by the Administrator, acting pursuant to Section 107 of the Act.
"Permit modification" means a revision to a Title V operating permit that cannot be accomplished under the provisions for administrative permit amendments found in 567-24.111(455B). A permit modification for purposes of the acid rain portion of the permit shall be governed by the regulations pertaining to acid rain found in 567-24.120(455B) through 567-24.146(455B). This definition of "permit modification" shall be used solely for purposes of this chapter governing Title V operating permits.
"Permit revision" means any permit modification or administrative permit amendment.
"Permitting authority" means the Iowa department of natural resources or the director thereof.
"Potential to emit" means the maximum capacity of a stationary source to emit any air pollutant under its physical and operational design. Any physical or operational limitation on the capacity of a source to emit an air pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation is enforceable by the Administrator. This term does not alter or affect the use of this term for any other purposes under the Act, or the term "capacity factor" as used in Title IV of the Act or the regulations relating to acid rain.
For the purpose of determining potential to emit for country grain elevators, the provisions set forth in 567-subrule 22.10(2) shall apply.
For purposes of calculating potential to emit for emergency generators, "maximum capacity" means one of the following:
hours in one of the past five years; or
"Proposed Title V permit," as this definition is set forth in 40 CFR § 70.2, is adopted by reference.
"Regulated air contaminant" means the same as "regulated air pollutant."
"Regulated air pollutant" means the following:
* Any pollutant subject to requirements under Section 112(j) of the Act. If the Administrator fails to promulgate a standard by the date established pursuant to Section 112(e) of the Act, any pollutant for which a subject source would be major shall be considered to be regulated on the date 18 months after the applicable date established pursuant to Section 112(e) of the Act; and
* Any pollutant for which the requirements of Section 112(g)(2) of the Act have been met, but only with respect to the individual source subject to the Section 112(g)(2) requirement.
"Regulated air pollutant or contaminant (for fee calculation)," which is used only for purposes of 567-Chapter 30, means any regulated air pollutant or contaminant except the following:
"Renewal" means the process by which a permit is reissued at the end of its term.
"Responsible official" means one of the following:
* The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or
* The delegation of authority to such representative is approved in advance by the permitting authority;
* The designated representative insofar as actions, standards, requirements, or prohibitions under Title IV of the Act or the regulations promulgated thereunder are concerned; and
* The designated representative for any other purposes under this chapter or the Act.
"Section 502(b)(10) changes," as this definition is set forth in 40 CFR § 70.2, is adopted by reference.
"State implementation plan" or"SIP" means the plan adopted by the state of Iowa and approved by the Administrator that provides for implementation, maintenance, and enforcement of such primary and secondary ambient air quality standards as are adopted by the Administrator, pursuant to the Act.
"Stationary source" means any building, structure, facility, or installation that emits or may emit any regulated air pollutant or any pollutant listed under Section 112(b) of the Act.
"Stationary source categories" means any of the following classes of sources:
"Subject to regulation," as this definition is set forth in 40 CFR § 70.2, is adopted by reference.
"Title V permit" means an operating permit under Title V of the Act.
Iowa Admin. Code r. 567-24.100