See the latest EHS federal and state regulatory updates due to COVID-19

Nonattainment - IDNR will place the USEPA language in Chapter 31 and will also retain the current IDNR nonattainment rules in this Chapter.

Green House Gas - Adopting Federal rules changes because they allow more flexibility in calculating GHG emissions for Plant-wide Applicability Limits (PAL). Public comment period ends April 23, 2013. A public hearing will be held April 23, 2013.

NESHAP and NSPS - IDNR adopting current federal language for all NESHAP and NSPS (including RICE, Boilers, Sludge Incinerators, Portland Cement, etc.). The language will update outdated NESHAPS and NSPS in the Iowa rules (nitric plants, chrome plating, lead smelting, ship building and repair, etc.), and rescind in the IDNR rules facilities that are unlikely to be found in Iowa (primarily mineral extraction and processing facilities).

Compliance and Enforcement, Chapter 17 - The rule changes are final and take effect March 13. This new chapter formalizes previous enforcement procedures and policy. These changes will bring consistency to the way issues are addressed and resolved and apply across IDNR, not only the Air Quality Division. IDNR will have four levels of contacts to deal with violations:

  • Informal Meeting: discussion with facility to resolve issues.
  • Letter of Inquiry: request for information to determine compliance.
  • Letter of Non-compliance: addresses less significant violations.
  • Notice of Violation: used when a permit limit has been violated.

The agency has to discretion to use any of these at any time in the issue resolution process, and will not necessarily start with an informal meeting.

Minor Construction Permitting -

  • Reminder: A new Modeling Determination form to determine if dispersion modeling is required for minor construction permits is in effect since January 22, 2013.  The new form implements new procedures and includes PM2.5 and 1-hr NO2. This is equivalent to the significant emission increase level in tons per year.
  • New meteorological data is available that has been processed using the current USEPA AERMET processor. Data sets were available Feb. 18, 2013.
  • Reminder: PM2.5 and 1-hr NO2 minor source permitting is now in effect.

PM2.5 Significant Impact Levels (SILs) - A Federal court decision has remanded the use of SILs as thresholds to determine if full facility modeling is required, and/or to determine if facility causes or contributes to modeled NAAQS or PSD increment violation. This court decision only applies to PM2.5 and did not prohibit the use of a SIL. IDNR has adopted the PM2.5 SIL into state rules, and the implications of this being state rules in light of the court remand are unclear. Region 7 is to publish guidance on the implications of the ruling soon. The same court decision also remanded the PM2.5 Significant Monitoring Concentration as well.

Muscatine Air Quality Activities Update -

  • IDNR is close to a final PM2.5 control strategy for the Muscatine State Implementation Plan (SIP) for the three facilities affected.
  • A determination of the 1-hr SO2 nonattainment area boundary is due April 8th. IDNR is determining if the area should include all of Muscatine County, or a smaller area. IDNR expects that a nonattainment area 1-hr SO2 will be in place sometime this summer.

2012 Title V Fee - The Title V emission fee for Calendar Year 2012 will be officially set in March. IDNR expects that the fee will be $56.00 per ton.