The proposed change in Chapter 33 deals with maintaining Environmental Protection Agency (EPA) approval of Iowa's Prevention of Significant Deterioration (PSD) program. EPA finalized PSD regulations for PM2.5 on December 21, 2010. This summary is based on an Iowa Association of Business and Industry (ABI) analysis of the impacts of this proposal. Concerns with the proposed amendements are that some provisions int he proposed amendement appear to be more stringent than Federal requirements. This would reduce available flexibility and discretion and perhaps increase the recordkeeping burden on industries in the permitting of major PSD new construction projects.
Specific concerns deal with:
- Performance of a study to determine if nitrogen oxides are precursors to PM2.5 formation.
- The definition of "significant emission increase." The Federal rules are that "10 TPY of direct PM2.5 emissions" result in significant emission increase. The language of the proposed rule is "10 TPY of PM2.5 emissions."
- Deletion of the several phrases from the Federal regulations dealing with additional requirements for sources impacting Class I areas the Federal regulations that may affect the flexibility of the proposed Iowa regulation.
Language deadling with commencement of construction within 18 months of permit approval is unclear as to whether this prohibits phased construction projects.