Iowa Admin. Code r. 567-22.7 - Alternative emission control program (bubble concept)
(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 set of emission limits if:
a.
The applicant is presently in compliance with EPA-approved SIP requirements,
or
b. The applicant is subject to a
consent order to meet an EPA-approved compliance schedule and the final
compliance date will not be delayed by the use of alternative emission limits.
Emission limits for individual emission points included in 567-23.3 (455B) (except 23.3(2)"d," 23.3(2)"b"(3), and 23.3(3)"a"(3)) and 567-23.4 (455B) (except 23.4(12)"b" and 23.4(6)) may be replaced by alternative emission limits. Under this rule, less stringent control limits where costs of emission control are high may be allowed in exchange for more stringent control limits where costs of control are less expensive.
(2)
Demonstration
requirements. The applicant for the alternative emission control
program shall have the burden of demonstrating that:
a. The alternative emission control program
will not interfere with the attainment and maintenance of ambient air quality
standards, including the reasonable further progress or prevention of
significant deterioration requirements of the Act;
b. The alternative emission limits are
equivalent to existing emission limits in pollution reduction, enforceability,
and environmental impact (in the case of a particulate nonattainment area, the
difference between the allowable emission rate and the actual emission rate, as
of January 1, 1978, cannot be credited in the emissions tradeoff);
c. The pollutants being exchanged are
comparable and within the same pollutant category;
d. Hazardous air pollutants designated in 40
CFR Part 61, as adopted by reference in 23.1(3), will not be exchanged for
nonhazardous air pollutants;
e. The
alternative program will not result in any delay in compliance by any source.
Specific situations may require additional demonstration as specified in 44 FR
71780-71788, December 11, 1979, or as requested by the director;
f. The owner or operator of any facility
applying for an alternative emission control program that involves the
trade-off of sulfur dioxide emissions shall install, calibrate, maintain and
operate continuous sulfur dioxide monitoring equipment consistent with EPA
reference methods ( 40 CFR Part 60, Appendix B). The equipment shall be
operational within three months of EPA approval of an alternative emission
control program.
(3)
Approval process.
a. The
director shall review all alternative emission control program proposals and
shall make recommendations on all completed demonstrations to the
commission.
b. After receiving
recommendations from the director and public comments made available through
the hearing process, the commission may approve or disapprove the alternative
emission control program proposal.
c. If approved by the commission, the program
will be forwarded to the EPA regional administrator as a revision to the SIP.
The alternative emission control program must receive the approval of the EPA
regional administrator prior to becoming effective.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(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 set of emission limits if:
a. The applicant is presently in compliance with EPA-approved SIP requirements, or
b. The applicant is subject to a consent order to meet an EPA-approved compliance schedule and the final compliance date will not be delayed by the use of alternative emission limits.
Emission limits for individual emission points included in 567-23.3 (455B) (except 23.3(2)"d," 23.3(2)"b"(3), and 23.3(3)"a"(3)) and 567-23.4 (455B) (except 23.4(12)"b" and 23.4(6)) may be replaced by alternative emission limits. Under this rule, less stringent control limits where costs of emission control are high may be allowed in exchange for more stringent control limits where costs of control are less expensive.
(2) Demonstration requirements. The applicant for the alternative emission control program shall have the burden of demonstrating that:
a. The alternative emission control program will not interfere with the attainment and maintenance of ambient air quality standards, including the reasonable further progress or prevention of significant deterioration requirements of the Act;
b. The alternative emission limits are equivalent to existing emission limits in pollution reduction, enforceability, and environmental impact (in the case of a particulate nonattainment area, the difference between the allowable emission rate and the actual emission rate, as of January 1, 1978, cannot be credited in the emissions tradeoff);
c. The pollutants being exchanged are comparable and within the same pollutant category;
d. Hazardous air pollutants designated in 40 CFR Part 61, as adopted by reference in 23.1(3), will not be exchanged for nonhazardous air pollutants;
e. The alternative program will not result in any delay in compliance by any source. Specific situations may require additional demonstration as specified in 44 FR 71780-71788, December 11, 1979, or as requested by the director;
f. The owner or operator of any facility applying for an alternative emission control program that involves the trade-off of sulfur dioxide emissions shall install, calibrate, maintain and operate continuous sulfur dioxide monitoring equipment consistent with EPA reference methods ( 40 CFR Part 60, Appendix B). The equipment shall be operational within three months of EPA approval of an alternative emission control program.
(3) Approval process.
a. The director shall review all alternative emission control program proposals and shall make recommendations on all completed demonstrations to the commission.
b. After receiving recommendations from the director and public comments made available through the hearing process, the commission may approve or disapprove the alternative emission control program proposal.
c. If approved by the commission, the program will be forwarded to the EPA regional administrator as a revision to the SIP. The alternative emission control program must receive the approval of the EPA regional administrator prior to becoming effective.