The director shall:
1.Publish and administer the rules and standards established by the commission. The
department shall furnish a copy of such rules or standards to any person upon request.
2.Provide technical, scientific, and other services required by the commission or for the
effective administration of this subchapter II and chapter 459, subchapter II.
3.Grant,modify,suspend,terminate,revoke,reissue,ordenypermitsfortheconstruction
or operation of new, modified, or existing air contaminant sources and for related control
equipment subject to the rules adopted by the commission. The department shall furnish
necessary application forms for such permits.
a.No air contaminant source shall be installed, altered so that it significantly affects
emissions, or placed in use unless a constr
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The director shall:
1. Publish and administer the rules and standards established by the commission. The
department shall furnish a copy of such rules or standards to any person upon request.
2. Provide technical, scientific, and other services required by the commission or for the
effective administration of this subchapter II and chapter 459, subchapter II.
3. Grant,modify,suspend,terminate,revoke,reissue,ordenypermitsfortheconstruction
or operation of new, modified, or existing air contaminant sources and for related control
equipment subject to the rules adopted by the commission. The department shall furnish
necessary application forms for such permits.
a. No air contaminant source shall be installed, altered so that it significantly affects
emissions, or placed in use unless a construction permit has been issued for the source.
b. The condition of expected performance shall be reasonably detailed in the construction
permit.
c. All applications for permits shall be subject to such notice and public participation
as may be provided by rule by the commission. Upon denial or limitation of a permit, the
applicant shall be notified of such denial and informed of the reason or reasons therefor, and
such applicant shall be entitled to a hearing before the commission.
d. A regulated air contaminant source for which a construction permit has been issued
shall not be operated unless an operating permit also has been issued for the source.
However, if the facility was in compliance with permit conditions prior to the requirement
for an operating permit and has made timely application for an operating permit, the facility
may continue operation until the operating permit is issued or denied. Operating permits
shall contain the requisite conditions and compliance schedules to ensure conformance
with state and federal requirements including emission allowances for sulfur dioxide
emissions for sources subject to Tit. IV of the federal Clean Air Act Amendments of 1990.
If construction of a new air contaminant source is proposed, the department may issue an
operating permit concurrently with the construction permit, if possible and appropriate.
e. (1) Notwithstanding any other provision of this subchapter II or chapter 459,
subchapter II, the following siting requirements shall apply to anaerobic lagoons and earthen
waste slurry storage basins:
(a) Anaerobic lagoons, constructed or expanded on or after June 20, 1979, but prior to
May 31, 1995, or earthen waste slurry storage basins, constructed or expanded on or after
July 1, 1990, but prior to May 31, 1995, which are used in connection with animal feeding
operations containing less than six hundred twenty-five thousand pounds live animal weight
capacity of animal species other than beef cattle or containing less than one million six
hundred thousand pounds live animal weight capacity of beef cattle, shall be located at least
one thousand two hundred fifty feet from a residence not owned by the owner of the feeding
operation or from a public use area other than a public road. Anaerobic lagoons or earthen
waste slurry storage basins, which are used in connection with animal feeding operations
containing six hundred twenty-five thousand pounds or more live animal weight capacity
of animal species other than beef cattle or containing one million six hundred thousand
pounds or more live animal weight capacity of beef cattle, shall be located at least one
thousand eight hundred seventy-five feet from a residence not owned by the owner of the
feeding operation or from a public use area other than a public road. For the purpose of this
§455B.134, JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES 22
paragraph the determination of live animal weight capacity shall be based on the average
animal weight capacity during a production cycle and the maximum animal capacity of the
animal feeding operation.
(b) Anaerobic lagoons which are used in connection with industrial treatment of
wastewater where the average wastewater discharge flow is one hundred thousand gallons
per day or less shall be located at least one thousand two hundred fifty feet from a residence
not owned by the owner of the lagoon or from a public use area other than a public road.
Anaerobic lagoons which are used in connection with industrial treatment of wastewater
where the average wastewater discharge flow is greater than one hundred thousand gallons
per day shall be located at least one thousand eight hundred seventy-five feet from a
residence not owned by the owner of the lagoon or from a public use area other than a
public road. These separation distances apply to the construction of new facilities and the
expansion of existing facilities.
(2) A person may build or expand an anaerobic lagoon or an earthen waste slurry storage
basin closer to a residence not owned by the owner of the anaerobic lagoon or to a public
use area than is otherwise permitted by subparagraph (1) of this paragraph, if the affected
landowners enter into a written agreement with the anaerobic lagoon owner to waive the
separation distances under such terms the parties negotiate. The written agreement becomes
effective only upon recording in the office of the recorder of deeds of the county in which the
residence is located.
f. All applications for construction permits or prevention of significant deterioration
permits shall quantify the potential to emit greenhouse gases due to the proposed project.
g. The department is not required to use air dispersion modeling as a basis for making
its findings under this subsection for a minor source or minor modification of a major
stationary source unless modeling is specifically provided for under the federal Clean Air
Act as amended through January 1, 1991, rules adopted under this chapter, or a federal or
state agreement.
4. Determine by field studies and sampling the quality of atmosphere and the degree of
air pollution in this state or any part thereof.
5. Conduct and encourage studies, investigations, and research relating to air pollution
and its causes, effects, abatement, control, and prevention.
6. Provide technical assistance to political subdivisions of this state requesting such aid
for the furtherance of air pollution control.
7. Collect and disseminate information, and conduct educational and training programs,
relating to air pollution and its abatement, prevention, and control.
8. Consider complaints of conditions reported to, or considered likely to, constitute air
pollution, and investigate such complaints upon receipt of the written petition of any state
agency, the governing body of a political subdivision, a local board of health, or twenty-five
affected residents of the state.
9. Issue orders consistent with rules to cause the abatement or control of air pollution,
or to secure compliance with permit conditions. In making the orders, the director shall
consider the facts and circumstances bearing upon the reasonableness of the emissions
involved, including but not limited to, the character and degree of injury to, or interference
with, the protection of health and the physical property of the public, the practicability
of reducing or limiting the emissions from the air pollution source, and the suitability or
unsuitability of the air pollution source to the area where it is located. An order may include
advisory recommendations for the control of emissions from an air contaminant source and
the reduction of the emission of air contaminants.
10. Encourage voluntary cooperation by persons or affected groups in restoring and
preserving a reasonable quality of air within the state.
11. Encourage political subdivisions to handle air pollution problems within their
respective jurisdictions.
12. Review and evaluate air pollution control programs conducted by political
subdivisions of the state with respect to whether the programs are consistent with the
provisions of this subchapter II and chapter 459, subchapter II, and rules adopted by the
commission.
23 JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES, §455B.137
13. Holdpublichearings, exceptwhentheevidencetobereceivedisconfidentialpursuant
to section 455B.137, necessary to accomplish the purposes of this subchapter II and chapter
459, subchapter II. The director may issue subpoenas requiring the attendance of witnesses
and the production of evidence pertinent to the hearings. A subpoena shall be issued and
enforced in the same manner as in civil actions.
14. Convene meetings not later than June 1 during the second calendar year following
the adoption of new or revised federal ambient air quality standards by the United States
environmental protection agency to review emission limitations or standards relating to
the maximum quantities of air contaminants that may be emitted from any air contaminant
source as provided in section 455B.133, subsection 4. By November 1 of the same calendar
year, the department shall submit a report to the governor and the general assembly
regarding recommendations for law changes necessary for the attainment of the new or
revised federal standards.