Iowa Admin. Code r. 567-22.3 - Issuing permits
(1)
Stationary sources other than anaerobic lagoons. In no case
shall a construction permit which results in an increase in emissions be issued
to any facility which is in violation of any condition found in a permit
involving PSD, NSPS, NESHAP or a provision of the Iowa state implementation
plan. If the facility is in compliance with a schedule for correcting the
violation and that schedule is contained in an order or permit condition, the
department may consider issuance of a construction permit. A construction
permit shall be issued when the director concludes that the preceding
requirement has been met and:
a. That the
required plans and specifications represent equipment which reasonably can be
expected to comply with all applicable emission standards, and
b. That the expected emissions from the
proposed source or modification in conjunction with all other emissions will
not prevent the attainment or maintenance of the ambient air quality standards
specified in 567-Chapter 28, and
c.
That the applicant has not relied on emission limits based on stack height that
exceeds good engineering practice or any other dispersion techniques as defined
in 567-subrule 23.1(6), and
d. That
the applicant has met all other applicable requirements.
(2)
Anaerobic lagoons. A
construction permit for an industrial anaerobic lagoon shall be issued when the
director concludes that the application for permit represents an approach to
odor control that can reasonably be expected to comply with the criteria in
567-subrule 23.5(2). A construction permit for an animal feeding operation
using an anaerobic lagoon shall be issued when the director concludes that the
application has met the requirements of rule
567-6515. (455B).
(3)
Conditions of approval.
A permit may be issued subject to conditions which shall be specified in
writing. Such conditions may include but are not limited to emission limits,
operating conditions, fuel specifications, compliance testing, continuous
monitoring, and excess emission reporting.
a.
Each permit shall specify the date on which it becomes void if work on the
installation for which it was issued has not been initiated.
b. Each permit shall list the requirements
for notifying the department of the dates of intended startup, start of
construction and actual equipment startup. All notifications shall be in
writing and include the following information:
(1) The date or dates required by
22.3(3)"b" for which the notice is being submitted.
(2) Facility name.
(3) Facility address.
(4) DNR facility number.
(5) DNR air construction permit
number.
(6) The name or the number
of the emission unit or units in the notification.
(7) The emission point number or numbers in
the notification.
(8) The name and
signature of a company official.
(9) The date the notification was
signed.
c. Each permit
shall specify that no review has been undertaken on the various engineering
aspects of the equipment other than the potential of the equipment for reducing
air contaminant emissions.
d.
Rescinded IAB 3/18/15, effective 4/22/15.
e. If changes in the final plans and
specifications are proposed by the permittee after a construction permit has
been issued, a supplemental permit shall be obtained.
f. A permit is not transferable from one
location to another or from one piece of equipment to another unless the
equipment is portable. When portable equipment for which a permit has been
issued is to be transferred from one location to another, the department shall
be notified in writing at least 7 days prior to the transfer of the portable
equipment to the new location. Written notification shall be submitted to the
department through one of the following methods: electronic mail (email), mail
delivery service (including U.S. Mail), hand delivery, facsimile (fax), or by
electronic format specified by the department (at such time as an
Internet-based submittal system or other, similar electronic submittal system
becomes available). However, if the owner or operator is relocating the
portable equipment to an area currently classified as nonattainment for ambient
air quality standards or to an area under a maintenance plan for ambient air
quality standards, the owner or operator shall notify the department at least
14 days prior to transferring the portable equipment to the new location. A
list of nonattainment and maintenance areas may be obtained from the
department, upon request, or on the department's Internet website. The owner or
operator will be notified by the department at least 10 days prior to the
scheduled relocation if said relocation will prevent the attainment or
maintenance of ambient air quality standards and thus require a more stringent
emission standard and the installation of additional control equipment. In such
a case, the owner or operator shall obtain a supplemental permit prior to the
initiation of construction, installation, or alteration of such additional
control equipment.
g. The issuance
of a permit (approval to construct) shall not relieve any owner or operator of
the responsibility to comply fully with applicable provisions of the state
implementation plan and any other requirement under local, state or federal
law.
(4)
Denial
of a permit.
a. When an application
for a construction permit is denied, the applicant shall be notified in writing
of the reasons therefor. A denial shall be without prejudice to the right of
the applicant to file a further application after revisions are made to meet
the objections specified as reasons for the denial.
b. The department may deny an application
based upon the applicant's failure to provide a signed statement of the
applicant's legal entitlement to install and operate equipment covered by the
permit application on the property identified in the permit
application.
(5)
Modification of a permit. The director may, after public
notice of such decision, modify a condition of approval of an existing permit
for a major stationary source or an emission limit contained in an existing
permit for a major stationary source if necessary to attain or maintain an
ambient air quality standard, or to mitigate excessive deposition of
mercury.
(6)
Limits on
hazardous air pollutants. The department may limit a source's
hazardous air pollutant potential to emit, as defined at rule
567-22100. (455B), in the
source's construction permit for the purpose of establishing federally
enforceable limits on the source's hazardous air pollutant potential to
emit.
(7)
Revocation of a
permit. The department may revoke a permit upon obtaining knowledge
that a permit holder has lost legal entitlement to use the property identified
in the permit to install and operate equipment covered by the permit, upon
notice that the property owner does not wish to have continued the operation of
the permitted equipment, or upon notice that the owner of the permitted
equipment no longer wishes to retain the permit for future operation.
(8)
Ownership change of permitted
equipment. The new owner shall notify the department in writing no
later than 30 days after the change in ownership of equipment covered by a
construction permit pursuant to rule
567-221. (455B). The
notification to the department shall be mailed to the Air Quality Bureau, Iowa
Department of Natural Resources, 502 East 9th Street, Des Moines, Iowa 50319,
and shall include the following information:
a. The date of ownership change;
b. The name, address and telephone number of
the responsible official, the contact person and the owner of the equipment
both before and after ownership change; and
c. The construction permit number of the
equipment changing ownership. This rule is intended to implement Iowa Code
section
455B133..
Notes
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