![]() As a result of the OSHA letters, more facilities use grain vacuuming to remove the remaining grain from storage bins. Occupational Safety and Health Administration (OSHA) sent letters to grain elevators stating that operators could not be inside a grain bin while an unguarded sweep auger operated inside the bin. Prior to 2008, most grain facilities used sweep augers to extract the remaining grain from the bottom of storage bins. Additionally, the adopted rules (published in the 2/13/08 IAB as ARC 6599B ) established the BMPs for small grain elevators. This collaboration resulted in rules that allowed over 800 owners and operators of small grain elevators (classified as "Group 1" elevators) to complete a one-page registration form rather than apply for an air construction permit. In 2007, the Department worked with AAI and other stakeholders to develop flexible groupings for grain elevators. The proposed changes to the BMP document are available from the Department, upon request, and at the Department's Web site at (under the Public Input section). The proposed management practices were developed and recommended by a stakeholder workgroup jointly coordinated by the Department and AAI. The proposed amendment will add to the current BMP document a list of management practices for grain vacuuming operations at grain storage bins. The BMP document includes both facilitywide and equipment-specific practices that apply to both new and existing equipment. The BMPs for grain elevators are designed to reduce emissions of particulate matter that is less than 10 microns in diameter (PM 10 ), especially dust that crosses the property line and that may adversely affect air quality at nearby businesses or residences. Item 1 amends subparagraph 22.10(3)"a"(2) to revise the BMPs for grain elevators currently adopted by reference. ![]() Upon adoption of the NESHAPs, the Department rather than EPA will implement and enforce these regulations in Iowa, allowing the Department to provide compliance assistance and outreach to affected facilities as soon as possible. The Commission is proposing to adopt these NESHAPs. The revised NESHAPs generally provide regulatory relief and clarify the previous requirements. Subsequent to EO 72, EPA updated the NESHAPs proposed for adoption in this rule making. The Commission adopted the updated RICE NESHAP in a previous rule making (see ARC 1014C, IAB 9/16/13). Consequently, EPA updated the RICE NESHAP to provide more circumstances for emergency engines and for engines that participate in electricity management programs to operate under nonemergency conditions. Environmental Protection Agency (EPA) agreed to reconsider the RICE NESHAP. In response to the concerns from Governor Branstad as expressed in EO 72 and concerns from other stakeholders, the U.S. EO 72 stated that the RICE NESHAP was too costly for small utilities that maintain and operate rarely used emergency engines, and the RICE NESHAP requirements could increase electricity rates for consumers. However, Executive Order (EO) 72 rescinded the adoption of these standards concurrent with the rescission of the RICE NESHAP. The Commission had originally adopted these standards by reference in 2010. Second, the Commission proposes changes to Chapter 23 to adopt by reference federal air toxics standards for chemical manufacturing plants and for prepared feeds manufacturing (also known as National Emission Standards for Hazardous Air Pollutants, or NESHAP). The BMPs were developed through a stakeholder workgroup that was jointly organized by the Department of Natural Resources (Department) and Agribusiness Association of Iowa (AAI) and that included grain elevator operators and grain vacuum (grain vac) vendors. The BMPs include practical activities that owners and operators may use at grain elevators to minimize dust and possible air quality impacts resulting from vacuuming grain out of storage structures. Pursuant to the authority of Iowa Code section 455B.133, the Environmental Protection Commission (Commission) hereby gives Notice of Intended Action to amend Chapter 22, "Controlling Pollution," and Chapter 23, "Emission Standards for Contaminants," Iowa Administrative Code.įirst, the Commission proposes in this rule making to establish in Chapter 22 best management practices (BMPs) for grain vacuuming operations at small grain elevators. Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard. Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1) "b."
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