      Linn County Code of Ordinances Chapter 10-Environment, Article III

Sec. 10-54 Purpose and Ambient Air Quality Standards
The Linn County ambient air quality standards shall be the National Primary and Secondary Ambient Air Quality Standards as published in 40 Code of Federal Regulations Part 50 (1972) and as amended at 38 Federal Register 22384 (September 14, 1973); 43 Federal Register 46258 (October 5, 1978); 44 Federal Register 8202, 8220 (February 9, 1979); 52 Federal Register 24634-24669 (July 1, 1987); 62 Federal Register 38651-38760, 38855-38896 (July 18, 1997); 71 Federal Register 61144-61233 (October 17, 2006); 73 Federal Register 16436-16514 (March 27, 2008); 73 Federal Register 66964-67062 (November 12, 2008); 75 Federal Register 6474-6537 (February 9, 2010); 75 and Federal Register 35520-35603 (June 22, 2010); and 78 Federal Register 3086-3287 (January 15, 2013), as adopted by reference by the DNR at 567 IAC 28.1.  Linn County shall implement these rules in a time frame and schedule consistent with implementation schedules in federal laws, regulations, and Iowa statutes and rules.
All references to 567 IAC Chapter 20 are effective December 11, 2013 April 18, 2018.
All references to 567 IAC Chapter 21 are effective September 10, 2008 March 22, 2017.
All references to 567 IAC Chapter 22 are effective August 6, 2014 April 10, 2018.
All references to 567 IAC Chapter 23 are effective August 6, 2014 April 10, 2018.
All references to 567 IAC Chapter 25 are effective September 19, 2012 April 18, 2018.
All references to 567 IAC Chapter 28 are effective September 18, 2013 March 22, 2017.
All references to 567 IAC Chapter 29 are effective April 8, 1998 May 13, 1998.
All references to 567 IAC Chapter 33 are effective December 11, 2013 April 18, 2018.
All references to 567 IAC Chapter 34 are effective October 7, 2009 April 18, 2018.

Sec. 10-55 Definitions
Emergency generator means any generator of which the sole function is to provide emergency backup power during an interruption of electrical power from the electric utility. An emergency generator does not include:
(1)   Peaking units at electric utilities;
(2)   Generators at industrial facilities that typically operate at low rates, but are not confined to emergency purposes; or
(3)   Any standby generators that are used during time periods when power is available from the electric utility.
An emergency is an unforeseeable condition that is beyond the control of the owner or operator.
"EPA reference method" means the following methods used for performance tests and continuous monitoring systems:
1.	Performance test (stack test).  A stack test shall be conducted according to EPA reference test methods specified in 40 CFR 51, Appendix M (as amended through December 21, 2010 August 30, 2016); 40 CFR 60, Appendix A (as amended through September 9, 2010 August 30, 2016); 40 CFR 61, Appendix B (as amended through October 17, 2000 August 30, 2016); and 40 CFR 63, Appendix A (as amended through August 20, 2010 August 30, 2016).
2.	Continuous monitoring systems.  Minimum performance specifications and quality assurance procedures for performance evaluations of continuous monitoring systems are as specified in 40 CFR 60, Appendix B (as amended through September 9, 2010 August 30, 2016); 40 CFR 60, Appendix F (as amended through September 9, 2010 August 30, 2016); 40 CFR 75, Appendix A (as amended through March 28, 2011 August 30, 2016); 40 CFR 75, Appendix B (as amended through March 28, 2011 August 30, 2016); and 40 CFR 75, Appendix F (as amended through March 28, 2011 August 30, 2016).

Major modification means any physical change in or change in the method of operation of a major stationary source that would result in a significant emissions increase of a regulated NSR pollutant; and a significant net emissions increase of that pollutant from the major stationary source.
(1)   Any significant emissions increase from any emissions units or net emissions increase at a major stationary source that is significant for volatile organic compounds or NO x shall be considered significant for ozone.
(2)   A physical change or change in the method of operation shall not include:
a.   Routine maintenance, repair, and replacement;
b.   Use of an alternative fuel or raw material by reason of an order under section 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation), or by reason of a natural gas curtailment plan in effect pursuant to the Federal Power Act;
c.   Use of an alternative fuel by reason of an order or rule under section 125 of the Clean Air Act;
d.   Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste;
e.   Use of an alternative fuel or raw material by a stationary source that the source was capable of accommodating before January 6, 1975, unless such change would be prohibited under any federally enforceable permit condition, or that the source is approved to use under any federally enforceable permit condition;
f.   An increase in the hours of operation or in the production rate, unless such change would be prohibited under any federally enforceable permit condition enforceable by the administrator;
g.   Any change in ownership at a stationary source;
        h.    Reserved.
hi.   The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the project complies with the requirements within the SIP; and other requirements necessary to attain and maintain the national ambient air quality standards during the project and after the project is terminated;
ij.   The installation or operation of a permanent clean coal technology demonstration project that constitutes repowering, provided that the project does not result in an increase in the potential to emit of any regulated pollutant emitted by the unit. This exemption shall apply on a pollutant-by-pollutant basis;
jk.   The reactivation of a very clean coal-fired electric utility steam generating unit.

"Volatile organic compound" or "VOC" means any compound included in the definition of volatile organic compounds found at 40 CFR Section 51.100(s) as amended through January 21, 2009 March 27, 2014 August 1, 2016.

Sec. 10-56 Air Quality Division
No changes

Sec. 10-57  Title V and Volunary Permits
(b) Voluntary Operating Permits.  Except as hereafter modified the Voluntary Operating Permit regulations or rules as promulgated as 567 IAC Chapter 22, are hereby specifically incorporated by reference and adopted as a part of this ordinance.

Sec. 10-58 Locally Required Permits for New or Existing Stationary Sources
(a)	Application for Permits Every application for authorization to install or a permit to operate required under subsections (b) and (c) shall be filed in the manner and form prescribed by the Air Pollution Control Officer. Permit required. Unless exempted in subsection 10-58(k) or to meet the parameters established in subsection 10-58(a)(c), no person shall construct, install, reconstruct, or alter any equipment or control equipment without first obtaining an authorization to install permit, or permits pursuant to 567 IAC 567-22.4(455B), IAC 567-22.5(455B), IAC 567-31.3(455B), and IAC 567-33.3(455B) as required in this subsection. An authorization to install permit shall be obtained prior to the initiation of construction, installation or alteration of any portion of the stationary source.
(b) Permits for Authorization to Install.  Unless exempted in §10.5(9) any person building, erecting, altering or replacing any article, machine, equipment, or other contrivance, the use of which may cause the creation of or emission of air contaminants shall first obtain a permit for authorization to install for such installations from the Air Pollution Control Officer.  A permit for authorization to install for new facilities must be obtained prior to the initiation of construction, installation or alteration of any portion of the stationary source.  Thereafter, a permit for modifications and additions to the existing sources and new equipment must be obtained before any on-site construction takes place.

    (1) Existing sources. Sources built prior to September 23, 1970, are not subject to this subsection (a), unless they have been modified, reconstructed, or altered on or after September 23, 1970.
    (2) New or reconstructed major sources of hazardous air pollutants. No person shall construct or reconstruct a major source of hazardous air pollutants in 40 CFR 63.2 and 40 CFR 63.41 as amended as adopted by reference in subsection 10-62(d), unless a construction permit has been obtained from the Department, which requires maximum achievable control technology for new sources to be applied. The permit shall be obtained prior to the initiation of construction or reconstruction of the major source.
    (3) New, reconstructed, or modified sources may initiate construction prior to issuance of the construction permit by the Department if they meet the eligibility requirements stated in subsection 10-58(a)(3)(a) below. The applicant must assume any liability for construction conducted on a source before the permit is issued. In no case will the applicant be allowed to hook up the equipment to the exhaust stack or operate the equipment in any way that may emit any pollutant prior to receiving a construction permit.
      (a) Eligibility.
    		(1) The applicant has submitted a construction permit application to the Department, as specified in subsection 10-58(b);
    		(2) The applicant has notified the Department of the applicant's intentions in writing 5 working days prior to initiating construction; and
    		(3) The source is not subject to 567 IAC 22.4(455B), subsection 10-62(b), subsection 10-62(c), subsection 10-62(d), or subsection 10-58(a)(2).  Prevention of Significant Deterioration (PSD) provisions and prohibitions remain applicable until a proposed project legally obtains PSD synthetic minor status (i.e., obtains permitted limits which limit the source below the PSD thresholds).
      (b) The applicant must cease construction if the Department's evaluation demonstrates that the construction, reconstruction or modification of the source will interfere with the attainment or maintenance of the national ambient air quality standards or will result in a violation of a control strategy required by 40 CFR 51, Subpart G, as amended through February 19, 2015.
      (c) The applicant will be required to make any modification to the source that may be imposed in the issued construction permit.
      (d) The applicant must notify the Department of the date that construction or reconstruction actually started. All notifications shall be submitted to the Department in writing no later than 30 days after construction or reconstruction started. All notification shall include all of the information listed in subsection 10-58(b)(6)(b).
(b) Authorization to install permits. The owner or operator of a new or modified stationary source shall apply for an authorization to install permit.  One copy of an authorization to install permit application for a new or modified source shall be presented or mailed to Linn County Public Health, Air Quality Division, 501 13[th] Street NW, Cedar Rapids, Iowa 52405. Application submission methods may include, but are not limited to U.S. Postal Service, private parcel delivery services, and hand delivery. Applications are not required to be submitted by certified mail.
    (1) Regulatory applicability determinations. If requested in writing, the air pollution control officer will review the design concepts of proposed new equipment and associated control equipment prior to application for an authorization to install permit. The purpose of the review would be to determine the acceptability of the location of the proposed equipment. If the review is requested, the requester shall supply the following information:
	(a) Preliminary plans and specifications of proposed equipment and related control equipment.
	(b) The exact site location and a plot plan of the immediate area, including the distance to and height of nearby buildings and the estimated location and elevation of the emission points.
	(c) The estimated emission rates of any air contaminants which are to be considered.
	(d) The estimated exhaust gas temperature, velocity at the point of discharge, and stack diameter at the point of discharge.
	(e) An estimate of when construction would begin and when construction would be completed.
(2) Authorization to install permit applications. Each application for an authorization to install permit shall be submitted to the Department on the permit application forms available on the Department's website. Final plans and specifications for the proposed equipment or related control equipment shall be submitted with the application for a permit. The application for an authorization to install permit shall include the following information:
	(a) A description of the equipment covered by the application;
      (b) A scaled plot plan, including the distance and height of nearby buildings, and the location and elevation of existing and proposed emission points;
      (c) The composition of the effluent stream, both before and after any control equipment with estimates of emission rates, concentration, volume and temperature;
      (d) The physical and chemical characteristics of the air contaminants;
      (e) The proposed dates and description of any tests to be made by the owner or operator of the completed installation to verify compliance with the applicable emission limits or standards of performance;
      (f) Information pertaining to sampling port locations, scaffolding, power sources for operation of appropriate sampling instruments, and pertinent allied facilities for making tests to ascertain compliance;
      (g) Any additional information deemed necessary by the Department to determine compliance with or applicability of rules 567 IAC 22.4(455B), 567 IAC 22.5(455B), 567 IAC 31.3(455B) and 567 IAC 33.3(455B); and
      (h) Application for a case-by-case MACT determination.  If the source meets the definition of construction or reconstruction of a major source of hazardous air pollutants, as defined in section 10-55, then the owner or operator shall submit an application for a case-by-case MACT determination, as required in 567 IAC 23.1(4)"b"(1), with the Authorization to Install permit application.  In addition to this subsection 10-58(a)(2)(h), an application for a case-by-case MACT determination shall include the following information:
      (1) The hazardous air pollutants (HAP) emitted by the constructed or reconstructed major source, and the estimated emission rate for each HAP, to the extent this information is needed by the permitting authority to determine MACT;
      (2) Any federally enforceable emission limitations applicable to the constructed or reconstructed major source;
      (3) The maximum and expected utilization of capacity of the constructed or reconstructed major source, and the associated uncontrolled emission rates for that source, to the extent this information is needed by the permitting authority to determine MACT;
      (4) The controlled emissions for the constructed or reconstructed major source in tons/yr at expected and maximum utilization of capacity to the extend this information is needed by the permitting authority to determine MACT;
      (5) A recommended emission limitation for the constructed or reconstructed major source consistent with the principles set forth in 40 CFR Part 63.43(d) as amended through December 27, 1996;
      (6) The selected control technology to meet the recommended MACT emission limitation, including technical information on the design, operation, size, estimated control efficiency of the control technology (and the manufacturer's name, address, telephone number, and relevant specifications and drawings, if requested by the permitting authority);
      (7) Supporting documentation including identification of alternative control technologies considered by the applicant to meet the emission limitation, and analysis of cost and non-air quality health environmental impacts or energy requirements for the selected control technology;
      (8) An identification of any listed source category or categories in which the major source is included.
      (i) A signed statement that ensures the applicant's legal entitlement to install and operate equipment covered by the permit application on the property identified in the permit application.  A signed statement shall not be required for rock crushers, portable concrete or asphalt equipment used in conjunction with specific identified construction projects which are intended to be located on a site only for the duration of the specific, identified construction project.

(3) Incomplete applications.  The Department will notify the applicant whether the application is 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 deficiencies.  Thirty days following such notification, the application may be denied for lack of information.  When this schedule would cause undue hardship to an applicant, or the applicant has a compelling need to proceed promptly with the proposed installation, modification or location, a request for priority consideration and the justification therefore shall be submitted to the Department.

(c) The Air Pollution Control Officer must be notified of any modification or change made from the original plans.

(d) Before an Authorization To Install is granted, the Air Pollution Control Officer may require the applicant to submit the design of sampling ports or continuous monitoring equipment as necessary for testing purposes in order to secure information that will disclose the nature, extent, quality or degree of air contaminants to be discharged into the atmosphere from the article, machine, equipment or other contrivance described in the application.  The Air Pollution Control Officer shall notify the applicant in writing of the required size, number, and location of sampling holes; the size and location of sampling platform; the access to the sampling platform; and the utilities for operating the sampling and testing equipment.  The platform and access shall be constructed in accordance with good engineering practice.

(1)	Permit Form

Any person building, erecting, altering or replacing any article, machine, equipment, or other contrivance, the use of which may cause the creation of or emission of air contaminants shall make application for a permit for authorization of such installation or alteration.  Said application shall contain the following basic information and any additional information pertinent to the individual case:

a.	Name, address, and location of firm.
b.	Whether installation is new or an alteration of an existing device.
c.	Identification of the emission point by number and its plant location.
d.	Basic process or activity creating emission.
e.	Basic principle of the control device.
f.	Potential emission from source.
g.	Type and quantity of the final emission after control.
h.	Estimated equipment operation time in hours per week.
i.	Engineering firm(s) responsible for design and installation.
j.	Proposed installation completion date.
k.	The name, address, and telephone number of the person submitting the application or, if such person is a legal entity, the name and address of the individual authorized to accept service of process on its behalf, and this person's signature.
l.	One set of block diagrams and any other relevant information requested by the Air Pollution Control Officer.
m.	Any additional information deemed necessary by the Department to determine compliance with or applicability of rules for Prevention of Significant Deterioration.
n.	A signed statement that ensures the applicant's legal entitlement to install and operate equipment covered by the permit application on the property identified in the permit application. A signed statement shall not be required for rock crushers, portable concrete or asphalt equipment used in conjunction with specific identified construction projects which are intended to be located at a site only for the duration of the specific, identified construction project.

(24)	Public Notice Requirementsand Participation.  Before an Authorization to Install is issued for a proposed new major stationary source or authorization is issued for a significant modification to an existing major source as defined in section 10-55 and 567 IAC Chapter 33, the department shall notify the public.  Notification will occur by posting on a publicly available website identified by the department, the application, the preliminary determination, the degree of increment consumption that is expected from the source or modification, and the opportunity for comment at a public hearing as well as written public comment.  The electronic notice shall be available for the duration of the public comment period and shall include the notice of the public comment, the draft permit(s), information on how to access the administrative record for the draft permit(s) and how to request or attend a public hearing on the draft permit(s). a notice of intent shall be The department may use other means if necessary to ensure adequate notice to the affected public.  published by the Department in a newspaper having general circulation in the area affected by the emissions of the proposed source.  The notice and supporting documentation shall be made available for public inspection upon request.  Publication of the notice shall be made at least 30 days prior to issuing a permit.  The public may submit written comments or request a public hearing.  If the response indicates significant interest, a public hearing may be held after due notice. At least 30 days shall be provided for public comment and for notification of any public hearing.

A copy of the notice announcing the opportunity for public comment shall be sent to the United States Environmental Protection Agency Regional Administrator by the Air Pollution Control Officer.

(3)	Duration of Permit.  The expiration date of the Authorization To Install Permit shall be the proposed completion date plus a ninety (90) day adjustment period.  If after this time a permit to operate has not been obtained to operate the article, machine, equipment, or other contrivance, the said equipment shall be shut down and not operated until such time as the Air Pollution Control Officer grants a permit to operate the equipment.  Extensions of the ninety (90) day adjustment period may be granted by the Air Pollution Control Officer for good cause.  Expiration of the Authorization To Install permit does not relieve the applicant from complying with any permit conditions which may have been a part of the original Authorization To Install permit.

(45)	Issuance of Permit.  In no case shall an Authorization to Install permit that 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 an authorization to install permit.  An Authorization To Install permit shall be issued when the air pollution control officer 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 section 10-54, 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 section 10-62(f) and
d.	That the applicant has met all other applicable requirements.
(6) 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 section 10-58(b)(6)(b) for which the notice is being submitted.
	2. Facility name.
	3. Facility address.
	4. Linn County facility number.
	5. Linn County authorization to install 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) 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.
    (7) Duration of permit. The expiration date of the authorization to install permit shall be the proposed installation completion date plus a 90 day adjustment period. If after this time a permit to operate has not been obtained to operate the new or modified stationary source, the said equipment shall be shut down and not operate until such time as the air pollution officer grants a permit to operate the equipment. Extensions of the 90 day adjustment period may be granted the air pollution control officer for good cause. Expiration of the authorization to install permit does not relieve the applicant from complying with any permit conditions which may have been a part of the original authorization to install permit.
    (8) Denial of a permit.
    	(a) When an application for an authorization to install 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.
    (9) Modification of a permit. The air pollution control officer may, after a 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.
    (10) Limits on hazardous air pollutants. The department may limit a source's hazardous air pollutant potential to emit, as defined at 567 IAC 22.100(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.
    (11) 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 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.
    (12) Complaints, hearings, and appeals.
    (a) In addition to any specific duties of the Linn County Public Health Director set forth in this ordinance, it shall be the duty of the Health Director, or their designee, to:
      (1)  Hold hearings when necessary and issue specific written decisions;
      (2)  Recommend legal proceedings to be taken in appropriate cases when deemed necessary; and
      (3)  Issue specific orders or recommendations consistent with this ordinance.
   (b) In addition to any specific duties of the Board of Health set forth in this ordinance, it shall be the duty of the Board of Health, or their designee, to:
      (1) Hold hearings on appeal of an order issued by the Health Director and issue specific written decisions; and
      (2) After the hearing on appeal, the Board of Health or designee may affirm, modify, or rescind the order of the Health Director.
   (c) Any person claiming to be aggrieved by any notice served upon him or her under this ordinance may file a written complaint with the Department, requesting a hearing before the Health Director.  Such complaints must be filed within 20 days after a person receives such a notice.  After receiving a complaint, the Department shall notify the Health Director of such complaint.  The Health Director shall set a time, place, and date of hearing on the complaint, and notify the complainant of this fact not less than three days before the date.
(d) At such hearing, the complainant shall be afforded a full opportunity to be heard, have the right to produce witnesses, and to be represented by counsel.  After hearing all relevant evidence and reviewing the actions of the air pollution control officer, and if reasonable grounds exist, the Health Director may modify or rescind the order or notice of the air pollution control officer, or may order compliance with said order or notice within a specified period of time.  The decision of the Health Director shall be transmitted in writing to both the complainant and the air pollution control officer within 10 days after the hearing.
(1)  Hearing procedure.
(a)  The Health Director, or their designee, shall preside over all non-appellate hearings prescribed by this ordinance.
(b)  If a party fails to appear after having been properly notified, the Health Director may proceed with the hearing and enter a decision in the absence of the party.  The parties at the hearing shall be the owner, operator, and/or permit-holder or applicant for a permit and the air pollution control officer.
(c)  The Health Director shall swear-in the parties and their witnesses and examine them in such a way as to establish the facts.  The Health Director shall make detailed minutes of the testimony, or may electronically record it.  The parties may participate personally or by attorney.  The Health Director may continue the hearing from time to time.
(d)  Unless Precluded by the Linn County Code of Ordinances, Chapter 10  -  Article III, informal disposition may be made of any case by stipulation, agreed settlement, consent order or default, or by any other method agreed upon by the parties in writing.
(e)  The record in each case shall include:
      (1)  The minutes made by the Health Director or the electronic recordings of the meeting and all other submissions;
      (2)  Copies of all documents served upon or mailed to the owner by the air pollution control officer; and
      (3)  A statement of all matters officially noticed.
(f)  All hearings shall be open to the public.  The record of the hearings shall be filed and maintained by the Department for at least 5 years from the date of decision.
(g)  Findings of fact shall be based solely on the evidence in the record and on matters officially noticed in the record.
(h)  The hearing shall be informal and shall be conducted by the Health Director without regard to technicalities of procedure.
(2)  Evidence
(a)  Irrelevant, immaterial, or unduly repetitious evidence should be excluded.  A finding shall be based upon the kind of evidence on which reasonably prudent persons are accustomed to rely for the conduct of their serious affairs, and may be based upon such evidence even if it would be inadmissible in a jury trial.  The Health Director shall give effect to the rules of privilege recognized by law.  Objections to evidentiary offers may be made and shall be noted in the record.  Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be required to be submitted in verified written form.
(b)  Documentary evidence may be received in the form of copies or excerpts if the original is not readily available.  Upon request, parties shall be given an opportunity to compare the copy with the original, if available.
(c)  Witnesses at the hearing, or persons whose testimony has been submitted in written form, if available, shall be subject to cross examination by any party as necessary for a full and true disclosure of the facts.
(d)  The Health Director may take official notice of all facts of subject to judicial notice and of other facts within the specialized knowledge of the Department.  All facts proposed to be noticed and their source shall be presented to the involved parties at the earliest practicable time, including any staff memorandum or data.  The parties shall be afforded an opportunity to contest such facts before the decision is announced, unless the Health Director determines, as part of the record or decision, that fairness to the parties does not require an opportunity to contest such facts.
(e)  The Department's experience, technical competence, and specialized knowledge may be utilized in evaluation of the evidence.
(3)  Decision/Order
The decision/order required of the Health Director by the Linn County Code of Ordinances, Chapter 10  -  Article III, shall constitute a final decision.  Any person aggrieved by the decision of the Health Director may appeal such decision to the Linn County Board of Health within 30 days for review of such decision.  Such review will be de novo.
 (ec)	Permit to Operate permits.  The Air Pollution Control Officer is delegated the authority to issue Permits to Operate.  Before any article, machine, equipment or other contrivance which when used may cause the creation or emission of air contaminants may be operated, continued in operation, or used beyond the adjustment period described in subsection (b), a written permit shall be obtained from the Air Pollution Control Officer.  No Permit to Operate or Use shall be granted either by the Air Pollution Control Officer or the Board of Health for any article, machine, equipment, or contrivance described in subsection (b) that was constructed or installed without authorization as required by subsection (b), until the information required is presented to the Air Pollution Control Officer.  The Air Pollution Control Officer shall require the article, machine, equipment, or contrivance altered, if necessary, to conform to standards set forth in this ordinance, prior to granting the permit to operate.The owner or operator of a new or modified stationary source shall apply for a permit to operate permit prior to the expiration date listed in the authorization to install permit. Alternatively, the owner or operator may request an extension to the authorization to install permit in writing. No permit to operate shall be granted by either the air pollution control officer or the Board of Health for any new or modified stationary source in section 10-58(b) that was constructed or installed without authorization as required by section 10-58(b), until the information required is presented to the air pollution control officer. The air pollution control officer shall require the new or modified stationary source altered, if necessary, to conform to standards set forth in this ordinance, prior to granting the permit to operate. One copy of a permit to operate application for each new or modified source shall be presented, or mailed to the Linn County Public Health, Air Quality Division, 501 13[th] Street NW, Cedar Rapids, Iowa 52405. Application submission methods may include, but are not limited to U.S. Postal service, private parcel delivery services, and hand delivery. Applications are not required to be submitted by certified mail.
	(1) Permit to operate permit application. Each application for a permit to operate permit shall be submitted to the department on forms provided by the department. The application for a permit to operate shall include the following information:
	(a) A signed statement that ensures the applicant's legal entitlement to install and operate equipment covered by the permit application on the property identified in the permit application. A signed statement shall not be required for rock crushers, portable concrete or asphalt equipment used in conjunction with specific identified construction projects which are intended to be located on a site only for a duration of the specific, identified construction project.

a.	Permit Form

Application for permit to operate shall be made on forms furnished by the Air Pollution Control Officer.  The application shall include the name, address and telephone number of the person submitting the application or, if such person is a legal entity, the name and address of the individual authorized to accept service of process on its behalf and the name of the person in charge of the premises where the pertinent activities are conducted.

(2)	Issuance of Permit.  A Permit to Operate shall be issued when the Air Pollution Control Officer concludes that the following requirement has been met:
(a)	If required as an Authorization to Install permit condition, all emissions testing has been completed, reviewed and approved by the Department, and
(b)	The applicant is in compliance with all requirements established in the Authorization to Install permit and met all other applicable requirements.
(3)	Conditions of Approval.  A permit may be issued subject to conditions which shall be specified in writing.  The Air Pollution Control officer may require special permit conditions on a case-by-case basis when the compliance status, history of operations, ambient air quality in the vicinity, the type of control equipment utilized, or source location warrants such actions.
Permits to operate shall be issued only after the Air Pollution Control Officer has made appropriate tests and has determined that the control device is operating within the emission limits established by this Ordinance or as specified in any permit conditions and that operation of the equipment will not prevent the attainment or maintenance of the ambient air quality standards.  The Air Pollution Control officer may require special permit conditions on a case-by-case basis when the compliance status, history of operations, ambient air quality in the vicinity, or the type of control equipment utilized warrants such actions.

(4)	Duration of Permit.  A permit Permit to operate Operate shall be renewed annually pursuant to subsection 10.59(b). valid for a period of one year after it is issued.  Thereafter each permit shall be renewed on a yearly basis pursuant to §10.6(2). for the life of the stationary source unless the owner or operator constructs, installs, reconstructs, or alters any equipment or control equipment, at which time a new Authorization to Install permit shall be applied for pursuant to section 10-58(b).

(4d)	Posting of Permit to Operate
A person who has been granted a Permit To Operate any article, machine, equipment, or other contrivance described in §10.5(3) shall firmly affix an approved identification bearing the emission point number upon the article, machine, equipment, stack or other contrivance in a clearly visible and accessible manner.  In the event that the article, machine, equipment, or other contrivance is so constructed or operated that such identification can not be so placed, the emission point number shall be identified in a current site plan and/or process flow drawing to be maintained at the facility.  This shall be available at all times to Department personnel.

A person shall not willfully deface, alter, forge, counterfeit, falsify, or falsely display any identification bearing the emission point number on any article, machine, equipment or other contrivance.

(ef)	Action on Application.  The Air Pollution Control Officer shall act within a reasonable period of time on an application for Authorization To Install or Permit to Operate, and shall notify the applicant in writing of the approval, conditional approval, or denial.Reserved.

(fg)	Denial of Application.  In the event of denial of an application for Authorization to Install or Permit to Operate, the Air Pollution Control Officer shall notify the applicant in writing of the reasons therefore.  Service of this notification may be made in person or by certified mail, and such service may be proven by the written acknowledgment of the persons served or by affidavit of the person making the service.  The Air Pollution Control Officer shall not accept any additional application unless the applicant has corrected the conditions specified by the Air Pollution Control Officer as the reasons for denial of the permit.Reserved.
(f) Reserved.

(hg)	Transfer of Permits.  An Authorization to Install permit or a Permit to Operate shall be non-transferable:
(1)	From one location to another unless the equipment is portable.(1);
(1)   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 (e-mail), 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 web site. 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.
(2)	From one piece of equipment to another unless the equipment is portable.(1);
(23)	From one person owner to another.[(][2)]
	(a) The new owner shall notify the Department in writing no later than 30 days after the change in ownership of equipment covered by a permit to operate pursuant to section 10-58(c). The notification to the Department shall be mailed to:
	Air Quality Division
	Linn County Public Health
	501 13[th] St NW
	Cedar Rapids, IA 52405
	and shall include the following information at a minimum:
	(1) The date of ownership change;
	(2) The name, address, telephone number, email address of the responsible official, the contact person and the owner of the equipment both before and after the ownership change;
	(3) The permit to operte number of the equipment changing ownership; and
	(4) Permit to operate application form(s) for each piece of equipment and applicable permit filing fees pursuant to section 10-59(d).
(h) Reserved.

(i)	Certifications.  The Air Pollution Control Officer shall, upon request of a holder of an Authorization to Install permit, furnish certification that the described equipment was acquired and/or installed pursuant to and required by this Ordinance. Reserved.

(j)	Provision of Sampling and Testing Facilities.  A person operating or using any article, machine, equipment or other contrivance for which these regulations require a permit shall provide and maintain such sampling and testing facilities as specified in the Authorization to Install permit or Permit to Operate. Reserved.

(k) Exemptions from the Authorization to Install Permit and Permit to Operate Requirements.
The requirement to obtain a permit in subsection 10-58(a) is not required for the equipment, control equipment, and processes listed in this subsection (k). The permitting exemptions in this subsection (k) do not relieve the owner or operator of any source from any obligation to comply with any other applicable requirements.  Equipment, control equipment, or processes subject to 567 IAC 22.4(455B) and 567 IAC Chapter 33 (except 567 IAC 33.9(455B)), prevention of significant deterioration requirements, or rule 567 IAC 22.5(455B) or 567 IAC 31.3(455B), requirements for nonattainment areas may not use exemptions from construction permitting listed in this subsection (k). Equipment, control equipment, or processes subject to section 10-62(b), new source performance standards (40 CFR Part 60); section 10-62(c), emission standards for hazardous air pollutants (40 CFR Part 61 NESHAP); section 10-62(d), emission standards for hazardous air pollutants for source categories (40 CFR 63 NESHAP); or section 10-62(e), emission guidelines, may still use the exemptions from construction permitting listed in this subsection (k) provided that a permit is not needed to create federally enforceable limits that restrict potential to emit. The provisions of §10.5 shall not apply to the following equipment, except when Prevention of Significant Deterioration Standards (567  IAC 33.1); New Source Performance Standards (40 CFR Part 60 NSPS), (567 IAC 23.1(2), (§10.9(2)); Emission Standards for Hazardous Air Pollutants (40 CFR Part 61 NESHAP), (567 IAC 23.1(3), (§10.9(3)); or Emission Standards for Hazardous Air Pollutants for source categories (40 CFR Part 63 NESHAP), (567 IAC 23.1(4), (§10.9(4) are applicable)).
   (2) Fuel-burning equipment for indirect heating or cooling with a capacity less than 1 million Btu per hour input per combustion unit when burning fuel oil grade #1 and #2. This exemption does not apply to equipment burning waste used oil.

   (15) A stationary internal combustion engine with a brake horsepower rating of less than 400 measured at the shaft, provided that the owner or operator meets all of the conditions in this paragraph. For the purposes of this exemption, the manufacturer's nameplate rated capacity at full load shall be defined as the brake horsepower output at the shaft.    The owner or operator of an engine that is subject to applicable new source performance standards (NSPS) and/or national emission standards for hazardous air pollutants (NESHAP) based on the date the engine was manufactured, ordered, modified or reconstructed may not use this exemption in accordance with subsection (k) of this section.  The owner or operator, prior to installing, modifying or reconstructing the engine, must submit to the department a completed registration on forms provided by the department (unless exempted from registration, as specified in this subsection 10-58(k)(15) or on the registration form), certifying that the engine is in compliance with the following federal regulations:
               New source performance standards (NSPS) for stationary compression ignition internal combustion engines (40 CFR 60, Subpart IIII); or
               New source performance standards (NSPS) for stationary spark ignition internal combustion engines (40 CFR Part 60, Subpart JJJJ); and
               National emission standards for hazardous air pollutants (NESHAP) for stationary reciprocating internal combustion engines (40 CFR Part 63, Subpart ZZZZ).
    This is effective retroactive to the applicable effective date of the NSPS and/or NESHAP which is based on the date the engine or fire pump was manufactured, ordered, modified or reconstructed.  Use of this exemption does not relieve an owner or operator from any obligation to comply with NSPS or NESHAP requirements.  An engine that meets the definition of a nonroad engine as specified in 40 CFR 1068.30 is exempt from the registration requirements of this subsection 10-58(k)(15).

    (21) Incinerators and pyrolysis cleaning furnaces with a rated refuse burning capacity of less than 25 pounds per hour for which initiation of construction, installation, reconstruction, or alteration (as defined in section 10-55) occurred constructed, installed, reconstructed or altered on or before October 23, 2013.  Pyrolysis cleaning furnace exemption is limited to those units that use only natural gas or propane.  Salt bath units are not included in this exemption.  Incinerators or pyrolysis cleaning furnaces constructed, installed, reconstructed, or modified after October 23, 2013, shall not qualify for this exemption.  After October 23, 2013, only paint clean-off ovens with a maximum rated capacity of less than 25 pounds per hour that do not combust lead-containing materials shall qualify for this exemption.

 Production welding.
      (30)Consumable electrode.
 Welding operations for which initiation of construction, installation, reconstruction, or alteration (as defined in section 10-55) occurred after October 23, 2013, using a consumable electrode, provided that the consumable electrode falls within American Welding Society specification A5.18/A5.18M for Gas Metal Arc Welding (GMAW), A5.1 or A5.5 for Shielded Metal Arc Welding (SMAW), and A5.20 for Flux Core Arc Welding (FCAW), and provided that the quantity of all electrodes used at the stationary source of the acceptable specification is below 1,600 12,500 pounds per year for GMAW and 12,500 1,600 pounds per year for SMAW or FCAW.  Records that identify the type and annual amount of welding electrode used shall be maintained on site by the owner or operator for a period of at least two calendar years.  For stationary sources where electrode usage exceeds these levels, the welding activity at the stationary source may be exempted if the amount of electrode used (Y) is less than:
            Y = the greater of 84x  -  1,200 or 1,600 12,500 for GMAW, or
          Y = the greater of 11x  -  160 or 12,500 1,600 for SMAW or FCAW
         Where "x" is the minimum distance of the property line in feet and "Y" is the annual electrode usage in pounds per year.
         If the stationary source has welding processes that fit into both of the specified exemptions, the most stringent limits must be applied.

 (38)  Each production painting, adhesive or coating unit using an application method other than a spray system and associated cleaning operations that use 1,000 gallons or less of coating and solvents annually, unless the production painting, adhesive or coating unit and associated cleaning operations are subject to work practice, process limits, emission limits, stack testing, record-keeping or reporting requirements under section 10-62(b), (c), or (d).  Records shall be maintained on site by the owner or operator for a period of at least two calendar years to demonstrate that paint, adhesive, or solvent usage is at or below the exemption threshold.

 (40) A non-road diesel fueled engine, as defined in 40 CFR 1068.30 and as amended through October 8, 2008 April 30 2010, with a brake horsepower rating of less than 1,100 at full load measured at the shaft, used to conduct periodic testing and maintenance on natural gas pipelines.  For the purposes of this exemption, the manufacturer's nameplate rating shall be defined as the brake horsepower output at the shaft at full load.

Sec. 10-59 Permit Fees

(b)   Annual fee for permit to operate.
(1)   Each permit to operate shall be renewed on the annual operating fee due date, hereafter referred to as the invoice due date, set by the air pollution control officer. This provision shall apply to all permits to operate required by section 10-58(ce).

(c)	Fees Associated with PSD Applications.  Each owner or operator required to provide an application submittal, including air quality modeling as applicable, subject to 567 IAC Chapter 33, shall pay fees as adopted by the Iowa Department of Natural Resources and promulgated as 567 IAC 30.6(2), are hereby specifically incorporated by reference and adopted as part of this ordinance.
(d)	Fees Associated with Title V Operating Permits.  The Title V application fee regulations as adopted by the Iowa Department of Natural Resources and promulgated as 567 IAC 30.4(1), are hereby specifically incorporated by reference and adopted as a part of this ordinance.
(ce) Filing Fees for Untimely Permits.  Notwithstanding section (a) or (b) above, all applicants for an Authorization to Install made after the initiation of on-site construction; for an Authorization to Install and a Permit to Operate for emission sources already in operation; or for renewals made after the expiration date; shall pay a late filing fee for each permit or renewal required. Nothing herein shall limit the Air Pollution Control Officer's power to enforce the penalty provisions of this ordinance in lieu of or in addition to the collection of this filing fee.
(df) Fees required under subsections (a) through, (b), and (ce) above shall be recommended by the Air Pollution Control Officer and be established by resolution of the Linn County Board of Supervisors.
Sec. 10-60 Visible Emissions
(3)   For a new fossil fuel-fired steam generating unit of more than 250,000,000 BTU per hour heat input, subsection 10-62(b)a(1). shall apply. For a new unit of between 150,000,000 and 250,000,000 (inclusive) BTU per hour heat input, the maximum allowable emissions from such new unit shall be 0.2 pounds of particulates per 1,000,000 BTU of heat input. For a new unit of less than 150,000,000 BTU per hour heat input, the maximum allowable emissions from such new unit shall be as determined in subsection (b)(1) of this section.

Sec. 10-61 Emissions from Fuel-Burning Equipment
(3)   For a new fossil fuel-fired steam generating unit of more than 250,000,000 BTU per hour heat input, section 10-62(b)(a1). shall apply. For a new unit of between 150,000,000 and 250,000,000 (inclusive) BTU per hour heat input, the maximum allowable emissions from such new unit shall be 0.2 pounds of particulates per 1,000,000 BTU of heat input. For a new unit of less than 150,000,000 BTU per hour heat input, the maximum allowable emissions from such new unit shall be as determined in subsection (b)(1) of this section.

Sec. 10-62 Emissions Standards
(a)   Emissions of particulate matter. No person shall permit, cause, suffer or allow the emission of particulate matter into the atmosphere in any one hour from any emission point from any process equipment at a rate in excess of that specified in Table 10-19062-1 for the process weight rate allocated to such emission point. In any case, the emission of particulate matter from any process shall not exceed an emission standard of 0.1 grain per dry standard cubic foot of exhaust gas or Table 10-19062-1 of this section, whichever would result in the lowest allowable emission rate.
TABLE I10-62-1
ALLOWABLE RATE OF EMISSION BASED ON PROCESS WEIGHT RATE *

(1)   General emission rate. The emission standards specified in this section shall apply and those specified in section 10-61 and this section and Table 10-62-1 shall not apply to each process of the types listed in the following sections, with the following exception: whenever the compliance status, history of operations, ambient air quality in the vicinity, or the type of control equipment utilized, would warrant maximum control, the air pollution control officer shall enforce 0.1 grains per dry standard cubic foot of exhaust gas, section 10-61 or this section, whichever would result in the lowest allowable emission rate.

(4)   Cupolas for metallurgical melting. The emissions of particulate matter from all new foundry cupolas, and from all existing foundry cupolas with a process weight rate in excess of 20,000 pounds per hour, shall not exceed the amount determined from Table 10-19062-2. The emission of particulate matter from all existing foundry cupolas with a process weight rate less than or equal to 20,000 pounds per hour shall not exceed the amount determined from Table 10-194.
                                TABLE II10-62-2
            ALLOWABLE EMISSIONS FROM EXISTING SMALL FOUNDRY CUPOLAS
(7)   Grain handling and processing plants. No person shall cause, allow, or permit the operation of equipment at a permanent installation for the handling or processing of grain, grain products and grain byproducts such that the particulate matter discharged to the atmosphere exceeds 0.1 grains per dry standard cubic foot of exhaust gas.

 New Source Performance Standards.  The federal standards of performance for new stationary sources, as defined in 40 CFR Part 60 as amended or corrected through June 28, 2011 September 14, 2016 as adopted in 567 IAC 23.1(2), are adopted by reference except §60.530 through §60.539b (Part 60, Subpart AAA), and shall apply to the following affected facilities.  The corresponding 40 CFR Part 60 subpart designation is in parentheses.  An earlier date for adoption by reference may be included with the subpart designation in parentheses.  Reference test methods (Appendix A), performance specifications (Appendix B), determination of emission rate change (Appendix C) quality assurance procedures (Appendix F) and the general provisions (Subpart A) of 40 CFR Part 60 also apply to the affected facilities.

 Affected Facilities
    Fossil Fuel-Fired Steam Generators.  A fossil fuel-fired steam generating unit of more than 250 million BTU heat input for which construction, reconstruction, or modification is commenced after August 17, 1971.  Any facility covered under paragraph "26" below is not covered under this paragraph.  (Subpart D, as amended through January 20, 2011)

 Nitric Acid Plants.  A nitric acid production unit.  Unless otherwise exempted, these standards apply to any nitric acid production unit that commences construction or modification after August 17, 1971, and on or before October 14, 2011. (Subpart G)

(6)	Asphalt Concrete Hot Mix Asphalt Plants.  An asphalt concrete plant.  Each hot mix asphalt facility that commenced construction or modification after July 11, 1973.  For the purpose of this paragraph, a hot mix asphalt facility is comprised only of any combination of the following: dryers; systems for screening, handling, storing, and weighing hot aggregate; systems for loading, transferring, and storing mineral filler, systems for mixing hot mix asphalt; and the loading, transfer, and storage systems associated with emission control systems.  (Subpart I)
(7)	Petroleum Refineries.  Any of the following at a petroleum refinery:  Fluid catalytic cracking unit catalyst regenerator; fluid catalytic cracking unit incinerator-waste heat boilers; fuel gas combustion devices, and claus sulfur recovery plants greater than 20 long tons per day.  (Subpart J) Reserved.

(8)	Secondary Lead Smelters.  Any of the following in a secondary lead smelter:  Pot furnaces of more than 250 kilograms (550 pounds) charging capacity; blast (cupola) furnaces; and reverberatory furnaces.  (Subpart L) Reserved.
(13)	Primary Copper Smelters.  Any of the following at a primary copper smelter:  Dryer, roaster, smelting furnace and copper converter. (Subpart P) Reserved.

(14)	Primary Zinc Smelters.  Either of the following at a primary zinc smelter:  A roaster or a sintering machine.  (Subpart Q) Reserved.

(15)	Primary Lead Smelter.  Any of the following at a primary lead smelter:  Sintering machine, sintering machine discharge end, blast furnace, dross reverberatory furnace, converter and electric smelting furnace.  (Subpart R) Reserved.

(16)	Primary Aluminum Reduction Plants.  Either of the following at a primary aluminum reduction plant:  Potroom groups and anode bake plants.  (Subpart S) Reserved.

(26)	Electric Utility Steam Generating Units.  An electric utility steam gathering unit that is capable of combusting more than 250 million BTUs per hour (73 megawatts) heat input of fossil fuel for which construction or modification or reconstruction is commenced after September 18, 1978, or an electric utility combined cycle gas turbine that is capable of combusting more than 250 million BTUs per hour (73 megawatts) heat input.  An electric steam generating unit is any fossil fuel-fired combustion of more than 25 megawatts electric (MW) that serves a generator that produces electricity for sale.  A unit that cogenerates steam and electricity and supplies more than one-third of its potential electric output capacity and more than 25 MW output to any utility power distribution system for sale is also an electric utility steam generating unit.  (Subpart Da, as amended through January 20, 2011)
(55)	Industrial-Commercial-Institutional Steam Generating Units.  Unless exempted, each steam generating unit for which construction, reconstruction, or modification commenced after June 19, 1984, and which has a heat input capacity of more than 100 million BTU/hour.  (Subpart Db, as amended through January 20, 2011)
(64)	Small Industrial-Commercial-Institutional Steam Generating Units.  Each steam generating unit for which construction, modification, or reconstruction is commenced after June 9, 1989, and that has a maximum design heat input capacity of 100 million BTU per hour or less, but greater than or equal to 10 million BTU per hour.  (Subpart Dc, as amended through January 20, 2011)

(70)	Municipal Solid Waste Landfills, as defined by 40 CFR 60.751. Unless exempted, each municipal solid waste landfill that commenced construction, reconstruction or modification or began accepting waste on or after May 30, 1991, must comply.  (Subpart WWW, as amended through April 10, 2000)
(74)	Commercial and Industrial Solid Waste Incineration.  Unless exempted, this standard applies to units for which construction is commenced after November 30, 1999, or for which modification or reconstruction is commenced on or after June 1, 2001 sources that began construction on or after June 4, 2010, or commenced reconstruction or modification after August 7, 2013.  (Part 60, Subpart CCCC)

(80)	Nitric Acid Plants.  Unless otherwise exempted, these standards apply to any nitric acid production unit that commenced construction, reconstruction or modification after October 14, 2011.  (Subpart Ga)
3.	Emission Standards for Hazardous Air Pollutants.  The federal standards for emissions of hazardous air pollutants, 40 CFR Part 61 as amended or corrected through May 16, 2007 August 30, 2016, and 40 CFR Part 503 as adopted on August 4, 1999, as adopted in IAC 23.1(3), are adopted by reference, except 40 CFR §61.20 to §61.26, §61.90 to §61.97, §61.100 to §61.108, §61.120 to §61.127, §61.190 to §61.193, §61.200 to §61.205, §61.220 to §61.225, and §61.250 to §61.256 and shall apply to the following affected pollutants and facilities and activities listed below.  The corresponding 40 CFR Part 61 subpart designation is in parentheses.  Reference test methods (Appendix B), compliance status information requirements (Appendix A), quality assurance procedures (Appendix C) and the general provisions (Subpart A) of Part 61 also apply to the affected activities or facilities.

	b.  Beryllium.  Any of the following stationary sources:  Beryllium extraction plants, ceramic plants, foundries, incinerators, and propellant plants which process beryllium ore, beryllium oxide, beryllium alloys, or beryllium-containing waste; and machine shops which process beryllium, beryllium oxides, or any alloy when such alloy contains more than 5 percent beryllium by weight.  (Subpart C) Reserved.

	c.  Beryllium Rocket Motor Firing.  Rocket motor test sites.  (Subpart D) Reserved.

	h.  Inorganic Arsenic Emissions from Arsenic Trioxide and Metallic Arsenic Production Facilities.  Each metallic arsenic production plant and each arsenic trioxide plant that processes low-grade arsenic bearing materials by a roasting condensation process.  (Subpart P) Reserved.

	i.  Inorganic Arsenic Emissions from Glass Manufacturing Plants.  Each glass melting furnace (except pot furnaces) that uses commercial arsenic as a raw material.  (Subpart N) Reserved.
4.	Emission Standards for Hazardous Air Pollutants for Source Categories.  The federal standards for emissions of hazardous air pollutants for source categories, 40 CFR Part 63 as amended or corrected through December 21, 2012,September 14, 2016, as adopted in 567 IAC 23.1(4), are adopted by reference, except those provisions which cannot be delegated to the states.  The corresponding 40 CFR Part 63 subpart designation is in parentheses.  An earlier date for adoption by reference may be included with the subpart designation in parentheses (except for paragraph 10.9(4)"zzzz," which specifies a later date for adoption by reference.  40 CFR Part 63 Subpart B incorporates the requirements of Clean Air Act Sections 112(g) and 112(j) and does not adopt standards for a specific affected facility.  Test methods (Appendix A), sources defined for early reduction provisions (Appendix B), and determination of the fraction biodegraded (Fbio) in the biological treatment unit (Appendix C) of Part 63 also apply to the affected activities or facilities.  For the purposes of this subrulesubsection "hazardous air pollutant" has the same meaning found in 567 IAC 22.100.  For the purposes of this subrulesubsection a "major source" means 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 considering controls, in the aggregate, 10 tons per year or more of any hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants, unless a lesser quantity is established, or in the case of radionuclides, where different criteria are employed.  For the purposes of this subrulesubsection an "area source" means any stationary source of hazardous air pollutants that is not a major stationary source as defined in this paragraphsubsection. 567 IAC 23.1(4)"a," general provisions (Subpart A) of Part 63, shall apply to owners or operators who are subject to subsequent subparts of 40 CFR 63 (except when otherwise specified in a particular subpart or in a relevant standard) as adopted by reference below.
(2)   Requirements for Control Technology Determinations for Major Sources in Accordance with Clean Air Act Sections 112(g) and 112(j). (part 63, subpart B)
a.   Section 112(g) requirements. For the purposes of this subparagraphsubsection 10-58(d)(2)a), the definitions shall be the same as the definitions found in 40 CFR 63.2 and 40 CFR 63.41 as amended through December 27, 1996. The owner or operator of a new or reconstructed major source of hazardous air pollutants must apply maximum achievable control technology (MACT) for new sources to the new or reconstructed major source. If the major source in question has been specifically regulated or exempted from regulation under a standard issued pursuant to section 112(d), section 112(h), or section 112(j) of the Clean Air Act and incorporated in another subpart of 40 CFR part 63, excluded in 40 CFR 63.40(e) and (f), or the owner or operator of such major source has received all necessary air quality permits for such construction or reconstruction project before June 29, 1998, then the major source in questions is not subject to the requirements of this subsection. The owner or operator of an affected source shall apply for a construction permit as required in 567 - paragraph 22.1(1)b. The construction permit application shall contain an application for a case-by-case MACT determination for the major source.

(10) Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production.  This standard applies to a polyvinyl chloride (PVC) or copolymer production facility that is located at, or is part of, a major source of hazardous air pollutant (HAP) emissions.  (Part 63, Subpart J) Reserved.
(24)  National Emission Standards for Hazardous Air Pollutants from Secondary Lead Smelting.  These standards apply to all existing and new secondary lead smelters sources which use blast, reverberatory, rotary, or electric smelting furnaces for lead recovery of scrap lead that are located at major or area sources.  The provisions apply to smelting furnaces, refining kettles, agglomerating furnaces, dryers, process fugitive sources, and fugitive dust.  Excluded from the rule are primary lead smelters, lead refiners, or lead remelters.  Hazardous air pollutants regulated under this standard include, but are not limited to, lead compounds, arsenic compounds, and 1,3-butadiene. (Part 63, Subpart X) Reserved.
(29) National Emission Standards for Hazardous Air Pollutants:  Petroleum Refineries.  These standards apply to petroleum refining process units and colocated emissions points at new and existing major sources.  Affected sources include process vents, equipment leaks, storage vessels, transfer operations, and wastewater streams.  The standards also apply to marine tank vessel and gasoline loading racks.  Excluded from the standard are catalyst regeneration from catalytic cracking units and catalytic reforming units, and vents from sulfur recovery units.  Compliance with the standard includes emission control and prevention.  (Part 63, Subpart CC) Reserved.
(35) Emission Standards for Hazardous Air Pollutants for Shipbuilding and Ship Repair (Surface Coating) Operations. Requires existing and new major sources to control hazardous air pollutant (HAP) emissions using the maximum achievable control technology (MACT). (Part 63, Subpart II) Reserved.
(38)  Emission Standards for Primary Aluminum Reduction Plants.  These standards apply to each new or existing potline, paste production plant, or anode bake furnace associated with a primary aluminum reduction plant, and for each new pitch storage tank associated with a primary aluminum reduction plant, except existing furnaces not located on the same site as the primary aluminum reduction plant.  (Part 63, Subpart LL) Reserved.
(55)  Emission Standards for Hazardous Air Pollutants for Steel Pickling  -  HCl Process Facilities and Hydrochloric Acid Regeneration Plants.  Unless exempted, these standards apply to all new and existing major sources of hydrochloric acid process steel pickling facilities and hydrochloric acid regeneration plants.  Affected processes include, but are not limited to, equipment and tanks configured for the pickling process, including the immersion, drain and rinse tanks and hydrochloric acid regeneration plants.  (Part 63, Subpart CCC) Reserved.

(64)  Emission Standards for Hazardous Air Pollutants for Portland Cement Manufacturing Operations.  These standards apply to all new and existing major and area sources of Portland cement manufacturing unless exempted.  Cement kiln dust (CKD) storage facilities, including CKD piles and landfills, are excluded from this standard.  Affected processes include, but are not limited to, all cement kilns and in-line kiln/raw mills, unless they burn hazardous waste.  (Part 63, Subpart LLL as amended through December 20, 2006)

(69)  Emission Standards for Hazardous Air Pollutants for Primary Copper Smelting.  This standard applies to a new or existing primary copper smelter that is (or is part of) a major source of hazardous air pollutant (HAP) emissions.  (Part 63, Subpart QQQ) Reserved.

(71) - (72)  Emission Standards for Hazardous Air Pollutants for Primary Lead Smelting.  These standards apply to all new and existing major sources of primary lead smelting.  Affected processes include, but are not limited to, sintering machines, blast furnaces, dross furnaces and process fugitive sources.  (Part 63, Subpart TTT) Reserved.

(75)  -  (78)  Reserved.

xxx.  Emission Standards for Hazardous Air Pollutants for Ferroalloys Production:  Ferromanganese and Silicomanganese.  These standards apply to all new and existing major sources of ferroalloys production of ferromanganese and silicomanganese.  Affected processes include, but are not limited to, submerged arc furnaces, metal oxygen refining (MOR) processes, crushing and screening operations, and fugitive dust sources.  (Part 63, Subpart XXX)

(104)  Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines.  These standards apply to new and existing major sources and to new and existing area sources with stationary reciprocating internal combustion engines (RICE).  For purposes of these standards, stationary RICE means any reciprocating internal combustion engine which uses reciprocating motion to convert heat energy into mechanical work and which is not mobile.  (Part 63, Subpart ZZZZ, as amended through January 30, 2013)
 ddddd.  Emission standards Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers and Process Heaters.  These standards apply to new and existing major sources with industrial, commercial or institutional boilers and process heaters.  (Part 63, Subpart DDDDD)*
* As of April 15, 2009, the adoption by reference of Part 63, Subpart DDDDD, is rescinded.  On July 30, 2007, the United States Court of Appeals for the District of Columbia Circuit issued its mandate vacating 40 CFR 63, Subpart DDDDD, in its entirety, and requiring EPA to re-promulgate final standards for industrial, commercial or institutional boilers and process heaters at new and existing major sources.
(122)  Emission Standards for Hazardous Air Pollutants:  Taconite Ore Processing.  This standard applies to taconite iron ore processing plants that are (or are part of) a major source of hazardous air pollutant (HAP) emissions on the first compliance date that applies.  (Part 63, Subpart RRRRR) Reserved.
(124)  Emission Standards for Hazardous Air Pollutants for Primary Magnesium Refining.  This standard applies to new and existing primary magnesium refineries that are (or are part of) a major source of hazardous air pollutant (HAP) emissions.  (Part 63, Subpart TTTTT) Reserved.
(124-126) Reserved.
(140)  Emission standards for hazardous air pollutants for area sources: industrial, commercial, and institutional boilers.  This standard applies to new and existing industrial, commercial and institutional boilers that are area sources for hazardous air pollutant emissions.  (Part 63, Subpart JJJJJJ)
(141) Reserved.

Sec. 10-63 Open Burning
Open Burning Permits are valid provided the following conditions are met and maintained:
 Burning is authorized during the dates stated on the permit which shall be for a periods no less than thirty (30) days and no greater than of one year;

c.  Fires for the disposal of residential waste, but not to include rubber, tires, asphalt compounds or garbage at dwellings of four family units or less, in which fires are maintained by the occupant of the dwelling and the burning is conducted in an approved container.  An approved container shall be any container which has a capacity that does not exceed 55 gallons in volume and has a one-inch spaced wire or other suitable spark arresting device for the control of wind blown windblown materials.
	No person shall allow, cause or permit fires for the disposal of household rubbish at dwellings of more than four family units.

Sec. 10-64  Emissions of Objectionable Odors
No Changes

Sec. 10-65  Sulfur Compounds
 (a)   The provisions of this section shall apply to any installation from which sulfur compounds are emitted into the atmosphere.

Sec. 10-66  Fugitive Dust
No Changes

Sec. 10-67  Excess Emission
(5)   Compliance with other sections. Notwithstanding subsections (a)(1) through (4) of this section, a fossil fuel-fired steam generator to which section 10-62(b)(1)(a), (b)(1)z.(26), or (b)(1)ccc.(55) applies shall comply with said subsections.
Sec. 10-68 Variances
No Changes

Sec. 10-69 Circumvention
(a)    It shall be unlawful to install a device to conceal emissions for the purpose of circumvention of this or other applicable air pollution ordinances. No person, firm, corporation, association, or public agency shall build, erect, install, or use any article, machine, equipment, or other contrivance, the primary purpose of which is to dilute or conceal an air contaminating emission unless it shall result in a reduction in the total release of contaminants to the atmosphere and which alone or in conjunction with other such equipment will bring compliance with the permissible standards set up in this or other applicable ordinances.
Sec. 10-70 Testing and Sampling of New and Existing Equipment
(g)	Methods and Procedures.  Stack sampling and associated analytical methods used to evaluate compliance with emission limitations of sections 10-61, 10-62 and 10-65 or a permit condition are as follows:
(1)	Performance test (stack test).  A stack test shall be conducted according to EPA reference methods as specified in 40 CFR 51, Appendix M (as amended through December 21, 2010 August 30, 2016); 40 CFR 60, Appendix A (as amended through September 9, 2010 August 30, 2016); 40 CFR 61, Appendix B (as amended through October 17, 2000 August 30, 2016); and 40 CFR 63, Appendix A (as amended through August 20, 2010 August 30, 2016).  The owner of the equipment or the owner's authorized agent may use an alternative methodology if approved by the Department in writing before testing.  Each test shall consist of at least three separate test runs.  Unless otherwise specified by the Department, compliance shall be assessed on the basis of the arithmetic mean of the emissions measured in the three test runs.
(2)	Continuous monitoring systems.  Minimum performance specifications and quality assurance procedures for performance evaluations of continuous monitoring systems are as specified in 40 CFR 60, Appendix B (as amended through September 9, 2010 August 30, 2016); 40 CFR 60, Appendix F (as amended through September 9, 2010 August 30, 2016); 40 CFR 75, Appendix A (as amended through March 28, 2011 August 30, 2016); 40 CFR 75, Appendix B (as amended through March 28, 2011 August 30, 2016); and 40 CFR 75, Appendix F (as amended through March 28, 2011 August 30, 2016).  The owner of the equipment or the owner's authorized agent may use an alternative methodology for continuous monitoring systems if approved by the Department in writing prior to conducting the minimum performance specification and quality assurance procedures.

(k)	Continuous Emission Monitoring Under the Acid Rain Program
The continuous emission monitoring requirements for affected units under the acid rain program as provided in 40 CFR Part 75, including Appendices A, B, F and K are amended through January 24, 2008 (Appendix F also was corrected on February 13, 2008) August 30, 2016, are adopted by reference.

Sec. 10-71 Analysis Fees
No Changes

Sec. 10-72 Submission of Information
No Changes

Sec. 10-73 Public Records and Fair Information Practices
No Changes

Sec. 10-74 Prevention of Air Pollution Emergency Episodes
(a) General.
(1) Purpose. The provisions of this section are designed to prevent the excessive buildup of air contaminants during air pollution episodes thereby preventing the occurrence of an emergency due to the effects of these contaminants on the health of persons.
(ab)   Episode criteria.

(a) air pollution alert

(2)	Fine Particulate Matter (PM10): 350 micrograms per cubic meter, 24-hour average;
(5)	Oxidants (ozone) Ozone:  200 400 micrograms per cubic meter (0.1 2 ppm), one-hour average;

(b) Air pollution warning
(2)	Fine Particulate Matter (PM10): 420 micrograms per cubic meter, 24-hour average;
(5)	Oxidants (ozone) Ozone:  800 micrograms per cubic meter (0.4 ppm), one-hour average;

(c) Air pollution emergency
(2)	Fine Particulate Matter (PM10):  500 micrograms per cubic meter, 24-hour average;
(5)	Oxidants (ozone) Ozone:  1,200 micrograms per cubic meter (0.6 ppm), one-hour average;

(b)   Preplanned abatement strategies. Standby plans shall be designed to reduce or eliminate emissions of air contaminants in accordance with the objectives set forth in Tables III through V10-74-1 through 10-74-3, which are made a part of this section.

Sec. 10-75 Enforcement
(a)   It shall be the duty of the air pollution control officer to enforce the provisions of this article. For the purpose of enforcement of this article, the air pollution control officer or a duly authorized representative, after presentation of credentials, is hereby empowered to enter the premises of any dwelling, industry, or other public or private place now or hereafter established or located within the county, for the purpose of determining whether or not said premises are operating in violation of this article. Specific powers and duties of the air pollution control officer related to this article shall include the power to:

Sec. 10-76 Sealing
(a)    After three notifications of the same violation of this article within a 12-month period, in respect to the emission of air contaminants from the same source, a violator shall be notified by certified mail to show cause before the county board of health within 30 days why the offending equipment shall not be sealed. The notice shall be directed to the last address of the person to be notified, or if the person or their whereabouts is unknown, then the notice shall be posted on or near the premises at which the violations have occurred.

Sec. 10-77 Penalty
(a)  A violation of any of the requirements of this article is subject to the following penalties:

11. Civil penalties assessed for violations of Chapter 10 of this ordinance shall be deposited in the fine and penalty revenue fund as established by the Linn County Finance Department to be used for community environmental health benefit specifically to achieve the Department's purpose as identified in section 10-54.

Sec. 10-78 Jurisdiction
No Changes

Sec. 10-79  -  10-99 Reserved.

Note: Former ordinances 10.26 Repealer, 10.27 Severability Clause, and 10.28 When Effective are no longer a part of Article III.

Old LCCO 10.26 Repealer is covered under Sec. 1-4.
Old LCCO 10.27 Severability Clause is covered under Sec. 1-7.
OLD LCCO 10.28 is covered under Sec. 1-5.

Current code can be found here: https://library.municode.com/ia/linn_county/codes/code_of_ordinances?nodeId=PTICOOR_CH10EN_ARTIIIAIQU