Iowa Administrative Code

machine, equipment, or other contrivance that conceals an emission that would otherwise constitute violation of these rules. [ARC 7950C, IAB 5/15/24, effective 6/19/24]

Notwithstanding any other provisions of these rules, any credible evidence may be used for the purpose of establishing whether a person has violated or is in violation of any provisions herein. 21.5(1) Information from the use of the following methods is presumptively credible ev…

operate generators at an electric utility substation with a total combined capacity not to exceed two megawatts in capacity for a period of not longer than ten calendar days and only for the purpose of providing electricity generation in the event of a sudden and unforeseen disas…

21.7(1) Excess emission during periods of startup, shutdown, or cleaning of control equipment. Excess emission during a period of startup, shutdown, or cleaning of control equipment is not a violation of the emission standard if the startup, shutdown, or cleaning is accomplished …

21.8(1) Maintenance and repair. The owner or operator of any equipment or control equipment shall: a. Maintain and operate the equipment or control equipment at all times in a manner consistent with good practice for minimizing emissions. b. Remedy any cause of excess emissions i…

567—21.7(455B) and 567—21.8(455B) do not relieve the owner or operator of an emissions source subject to the new source performance standards (567—subrule 23.1(2)), the national emissions standards for hazardous air pollutants (567—subrule 23.1(3)), or the national emissions stan…

materials disposed of in Iowa’s sanitary landfills, thereby protecting groundwater resources, the health and safety of Iowa citizens, and the environment. The costs and accessibility of hazardous materials management can be improved by the establishment and maintenance of a syste…

meanings: “Applicant for RCC or satellite facility financial assistance” means an RCC or satellite facility operated by a private agency, a local government or a public agency representing local governments pursuant to Iowa Code chapter 28E. “Department” means the Iowa department…

financial assistance sponsored under this chapter. The department shall ensure that funds disbursed meet guidelines established in Iowa Code chapters 455E and 455F. An applicant for financial assistance under this chapter may submit any eligible project as defined in the applicat…

sections 455E.11(2)“a”(2)(d) and 455E.11(2)“c” to achieve the purpose of this chapter. The department shall ensure that moneys appropriated meet both federal and state guidelines pertaining to the use of the moneys. [ARC 3995C, IAB 9/12/18, effective 10/17/18]

including, but not limited to, the following: 211.5(1) Materials and labor for construction and the purchase cost of structures or RCC mobile units to be used in the operation of an RCC or satellite facility, including but not limited to site excavation for the structure and modi…

assistance for the following costs: 1. Taxes. 2. Vehicle registration. 3. Indirect or overhead costs. 4. Legal costs. 5. Contingency funds. 6. Land acquisition. 7. Disposal of hazardous materials. 8. Office equipment. 9. Staffing costs. 10. Site and building design fees. [ARC 851…

211.7(1) An applicant for RCC and satellite financial assistance shall submit to the department a completed application on a form provided by the department. 211.7(2) The department shall coordinate the evaluation of proposals. Applications will be evaluated based on selection cr…

but not limited to: 1. The applicant does not meet eligibility requirements pursuant to the provisions of this chapter. 2. The applicant does not provide sufficient information requested in the application proposal pursuant to this chapter. 3. The project goals or scope is not co…

211.9(1) All RCCs are eligible to receive funding support, when available, from the department to properly manage eligible pounds of VSQG hazardous waste and household hazardous waste. To receive funding, an RCC must be in compliance with applicable federal and state statutes and…

section 455D.19, which seeks to reduce toxicity of packaging waste by eliminating the addition of heavy metals such as lead, mercury, cadmium, and hexavalent chromium in packaging and packaging components.

packaging materials offered for sale or for promotional purposes in the state.

meanings: “Department” means the department of natural resources as created under Iowa Code section 455A.2. “Distributor” means a person who takes title to one or more packages or packaging components purchased for promotional purposes or resale. A person involved solely in deliv…

213.4(1) Prohibition of packaging. A manufacturer or distributor shall not offer for sale or sell, or offer for promotional purposes, a package or packaging component in this state, which includes in the package itself or in any packaging component inks, dyes, pigments, adhesives…

components shall make available to purchasers, to the department, and to the general public upon request, certificates of compliance conforming to the requirements of this rule. Certificates provided shall substantially conform with either or both, as applicable, of the following…

requirements of Iowa Code section 455D.19: 1. Packaging or packaging components with a code indicating a date of manufacture prior to July 1, 1990, and packaging or packaging components used by the alcoholic beverage industry or the wine industry prior to July 1, 1992. 2. Package…

213.7(1) Inspection. The department may inspect, with the consent of the owner or agent, any property or building to determine compliance with the requirements of this chapter. 213.7(2) Violation. a. Violations of this chapter are subject to the provisions of Iowa Code Supplement…

elevators, grain terminal elevators and feed mill equipment. The requirements of this rule apply only to country grain elevators, country grain terminal elevators, grain terminal elevators and feed mill equipment, as these terms are defined in 22.10(1). This rule does not apply t…

be the National Primary and Secondary Ambient Air Quality Standards as published in 40 CFR Part 50 (1972) and as amended at 38 Federal Register (FR) 22384 (September 14, 1973), 43 FR 46258 (October 5, 1978), 44 FR 8202, 8220 (February 9, 1979), 52 FR 24634-24669 (July 1, 1987), 6…

22.2(1) Incomplete applications. The department will notify the applicant whether the application is complete or incomplete. If the application is found by the department to be incomplete upon receipt, the applicant will be notified within 30 days of that fact and of the specific…

22.3(1) Stationary sources other than anaerobic lagoons. In no case shall a construction permit that results in an increase in emissions be issued to any facility that is in violation of any condition found in a permit involving PSD, NSPS, NESHAP or a provision of the Iowa state …

(PSD). As applicable, the owner or operator of a stationary source shall comply with the rules for new source review (NSR) for the PSD program as set forth in 567—Chapter 33. An owner or operator required to apply for a construction permit under this rule shall submit all require…

the owner or operator of a stationary source shall comply with the requirements for the nonattainment major NSR program as set forth in 567—31.20(455B). An owner or operator required to apply for a construction permit under this rule shall submit all required fees as required in …

22.7(1) Applicability. The owner or operator of any source located in an area with attainment or unclassified status (as published at 40 CFR Section 81.316) or located in an area with an approved SIP demonstrating attainment by the statutory deadline may apply for an alternative …

22.8(1) Permit by rule for spray booths. Spray booths that comply with the requirements contained in this rule will be deemed to be in compliance with the requirements to obtain an air construction permit and an air operating permit. Spray booths that comply with this rule will b…

22.9(1) to 22.9(3) Reserved. 22.9(4) Notification. For the purpose of the regional haze program under 40 CFR Section 51.308, as amended through January 10, 2017, the department shall notify in writing the owner, operator or designated representative of a source of the department’…

23.1(1) In general. The federal standards of performance for new stationary sources (new source performance standards) shall be applicable as specified in 23.1(2). The federal standards for hazardous air pollutants (national emission standards for hazardous air pollutants) shall …

35, the following terms shall, unless otherwise noted, have the meaning indicated in this rule. The definitions set out in Iowa Code sections 455B.101, 455B.131, and 455B.411 are incorporated verbatim in these rules. “Backyard burning” means the disposal of residential waste by o…

23.3(1) General. The emission standards contained in this rule shall apply to each source operation unless performance standard for the process is specified in 23.1(2) through 23.1(5), in which case the performance standard shall apply. 23.3(2) Particulate matter. No person shall…

23.4(1) General. The provisions of this rule shall not apply to those facilities for which performance standards are specified in 23.1(2). The emission standards specified in this rule shall apply and those specified in 23.3(2)“a” and 23.3(2)“b” shall not apply to each process of…

23.5(1) Applications for construction permits for animal feeding operations using anaerobic lagoons shall meet the requirements of 567—Chapter 65. 23.5(2) Criteria for approval of industrial anaerobic lagoons constructed or expanded on or after July 1, 1982. a. Lagoons designed t…

operating permit may also be necessary for operation of an emission unit after completion of a particular activity if the existing Title V operating permit does not accommodate the new state of the emission unit.) jj. Activities at a source associated with the maintenance, repair…

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 …

24.101(1) Except as provided in 567—24.102(455B), any person who owns or operates any of the following sources shall obtain a Title V operating permit and shall submit fees as required in 567—Chapter 30: a. Any affected source subject to the provisions of Title IV of the Act; b. …

24.102(1) All sources listed in 24.101(1) that are not major sources, affected sources subject to the provisions of Title IV of the Act, or solid waste incineration units required to obtain a permit pursuant to Section 129(e) of the Act are exempt from the obligation to obtain a …

the Title V application if not needed to determine the applicability of or to impose any applicable requirement. Title V permit emissions fees are not required from insignificant activities pursuant to 567—paragraph 30.4(2)“f.” 24.103(1) Insignificant activities excluded from Tit…

it is required to submit a timely and complete application, except in compliance with a properly issued Title V operating permit. However, if a source submits a timely and complete application for permit issuance (including renewal), the source’s failure to have a permit is not a…

24.105(1) Duty to apply. For each source required to obtain a Title V operating permit, the owner or operator or designated representative, where applicable, shall submit a complete and timely application in the electronic format specified by the department, if electronic submitt…

24.106(1) Emissions fee. Fees shall be paid as set forth in 567—Chapter 30. 24.106(2) Emissions inventory and documentation due dates. The emissions inventory shall be submitted through the electronic format specified by the department. An owner or operator shall, by March 31, su…

24.107(1) Action on application. a. Conditions for action on application. A permit, permit modification, or renewal may be issued only if all of the following conditions have been met: (1) The permitting authority has received a complete application for a permit, permit modificat…

24.108(1) Enforceable emission limitations and standards. Each permit issued pursuant to this chapter shall include emissions limitations and standards, including those operational requirements and limitations that ensure compliance with all applicable requirements at the time of…

are adopted by reference. [ARC 7953C, IAB 5/15/24, effective 6/19/24]