Iowa Admin. Code rr. 567-21.1

Current through Register Vol. 46, No. 27, June 26, 2024
Rule 567-21.1 - Definitions and compliance requirements

For the purpose of these rules and the rules in 567-Chapters 20 through 35, the following terms shall, unless otherwise noted, have the meaning indicated in this chapter. Additional definitions potentially applicable to this chapter are set forth in 567-Chapters 22 and 23. The definitions set out in Iowa Code sections 455B.101, 455B.131, and 455B.411 are incorporated verbatim into these rules.

"Air pollution alert" means the action condition declared when the concentrations of air contaminants reach the level at which the first-stage control actions are to begin.

"Air pollution emergency" means the action condition declared when the air quality is continuing to degrade to a level that should never be reached, and that the most stringent control actions are necessary.

"Air pollution episode" means a combination of forecast or actual meteorological conditions and emissions of air contaminants that may or do present an imminent and substantial endangerment to the health of persons, during which the chief meteorological factors are the absence of winds that disperse air contaminants horizontally and a stable atmospheric layer that tends to inhibit vertical mixing through relatively deep layers.

"Air pollution forecast" means an air stagnation advisory issued to the department, the commission, and appropriate air pollution control agencies by an authorized Air Stagnation Advisory Office of the National Weather Service predicting that meteorological conditions conducive to an air pollution episode may be imminent. This advisory may be followed by a prediction of the duration and termination of such meteorological conditions.

"Air pollution warning" means the action condition declared when the air quality is continuing to degrade from the levels classified as an air pollution alert, and where control actions in addition to those conducted under an air pollution alert are necessary.

"Equipment" means equipment capable of emitting air contaminants to produce air pollution.

"Excess emission" means any emission that exceeds any applicable emission standard prescribed in 567-Chapter 23 or 567-22.4 (455B), 567-22.5 (455B), 567-31.3 (455B), or 567-33.3 (455B) or any emission limit specified in a permit or order.

"Existing equipment" means equipment, machines, devices, or installations that were in operation prior to September 23, 1970.

"Malfunction" means any sudden and unavoidable failure of control equipment or of a process to operate in a normal manner. Any failure that is caused entirely or in part by poor maintenance, careless operation, lack of an adequate maintenance program, or any other preventable upset condition or preventable equipment breakdown shall not be considered a malfunction.

"New equipment" means, except for any equipment or modified equipment to which 567-subrule 23.1(2) applies, any equipment or control equipment not under construction or for which components have not been purchased on or before September 23, 1970, and any equipment that is altered or modified after such date, which may cause, eliminate, reduce, or control the emission of air contaminants.

"Opacity" means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background.

"Shutdown" means the cessation of operation of any control equipment or process equipment or process for any purpose.

"Startup" means the setting into operation of any control equipment or process equipment or process for any purpose.

(1)New equipment. All new equipment and all new control equipment, as defined herein, installed in this state shall perform in conformance with applicable emission standards specified in 567-Chapter 23.
(2)Existing equipment. All existing equipment, as defined herein, shall be operated in conformance with applicable emission standards specified in 567-Chapter 23 or as otherwise specified herein, except that the performance standards specified in 567-subrule 23.1(2) shall not apply to existing equipment.
(3)Emissions inventory. The person responsible for equipment as defined herein shall provide information on fuel use, materials processed, air contaminants emitted (including greenhouse gases as "greenhouse gas" is defined in 567-22.1 (455B)), estimated rate of emissions, periods of emissions, or other air pollution information to the director upon the director's written request for use in compiling and maintaining an emissions inventory for evaluation of the air pollution situation in the state and its various parts. The information requested shall be submitted in the electronic format specified by the department, if electronic submittal is provided. All information in regard to both actual and allowable emissions shall be public records, and any publication of such data shall be limited to actual and allowable air contaminant emissions.
(4) Reserved.
(5)Public availability of data. Emission data obtained from owners or operators of stationary sources under the provisions of 21.1(3) and any correlations with applicable emission limitations or other control measures will be made available to the public on the department's website and upon request.
(6)Maintenance of record. Each owner or operator of any stationary source, as defined herein, shall, upon notification from the director, maintain records of the nature and amounts of air contaminant emissions from such source and any other information as may be deemed necessary by the commission to determine whether such source is in compliance with the applicable emission limitations or other control measures. The information recorded shall be summarized and reported monthly to the director on forms furnished by the department. The initial reporting period shall commence 60 days from the date the director issues notification of the recordkeeping requirements. Records shall be retained by the owner or operator for two years after the date on which the pertinent report is submitted.

Iowa Admin. Code rr. 567-21.1

Amended by IAB February 15, 2017/Volume XXXIX, Number 17, effective 3/22/2017
Amended by IAB April 6, 2022/Volume XLIV, Number 20, effective 5/11/2022
Adopted by IAB May 15, 2024/Volume XLVI, Number 24, effective 6/19/2024