The DNR estimates that there are over 500 country grain elevators in Iowa that do not have the required permits that regulate the amount of air pollution that can be emitted from their facilities. Iowa air pollution regulations require construction permits for any equipment capable of emitting air pollution. Construction permits are required before construction, installation or alteration begins. Construction permits have been issued to processing facilities that also store, dry, and handle grain. Some larger grain elevators which are subject to the Standards of Performance for Grain Elevators (New Source Performance Standard in 40 CFR 60 Subpart DD) have also been issued construction permits. However, most grain elevators in Iowa have not complied with these construction permit requirements.

In order to ease the burden of the permitting process on grain elevators, the DNR has been working with the Agribusiness Association of Iowa to develop a general permit. The general permit would set standard requirements that would prevent emissions from violating the National Ambient Air Quality Standards. It is hoped that many country grain elevators are already complying with these requirements or could comply with them with relative ease.

Unfortunately, DNR does not have a lot of information on the emissions from country grain elevators. There has been research done on the emission rates from the equipment at elevators. However, DNR does not know the number and size of storage bins, number of legs, what processing equipment may be present at elevators in Iowa. More of this type of information is required to design a general permit that reduces the permitting burden, is not needlessly restrictive, and that is representative of Iowa elevators.

To get the information necessary to develop a general permit, DNR is offering amnesty to grain elevators. Current Iowa regulations require elevators to obtain a construction permit before installing or modifying any equipment that may emit pollution to the atmosphere. Also, the maximum concentration of particulate matter (dust) allowed from any source of air pollution is 0.1 grains per dry standard cubic foot (gr/dscf) of air. However, the DNR will NOT take enforcement action for failure to get a construction permit or for failing to meet the 0.1 gr/scf standard against an elevator that submits a completed Grain Elevator Permit Amnesty Registration form. However, this agreement does not apply to other types of violations such as emissions of excessive dust (sufficient to create a nuisance) from grain operations or unpaved roads or visible emissions of dust that cross the property line.

This agreement expires when construction permits for the existing equipment are issued for your facility or when you receive coverage under a general permit issued by the DNR. To receive the benefits of this agreement, a completed Grain Elevator Permit Amnesty Registration Form must be postmarked or faxed by September 15, 2003. The mailing address and fax number are printed on the form.

• Grain Amnesty Letter (DOC File)
• Grain Amnesty Instructions (DOC File)
• Grain Elevator Amnesty Form (DOC File)

Who is eligible for the amnesty?

Establishments primarily engaged in buying and/or marketing grain (such as corn, wheat, oats, barley, and unpolished rice), and dry beans, soybeans, and other inedible beans. Country grain elevators primarily engaged in buying or receiving grain from farmers are included, as well as terminal elevators and other merchants marketing grain. To receive amnesty, grain elevators must complete the Grain Elevator Permit Amnesty Registration Form and submit it to the DNR by September 15, 2003.

Elevators located in Polk or Linn County are not eligible for the amnesty. These counties have their own air quality permitting and enforcement programs. The contacts for these agencies are Gary Young at Polk County (515.286.3372) and Greg Slager at Linn County (319.892.6010).

If you already have some air quality construction permits you can still submit the registration form and receive amnesty. If you have submitted applications for air quality construction permits but have not yet received the permits, you can still complete the registration form and receive amnesty. Even if you have submitted air quality construction permit applications recently, amnesty will not be granted unless you submit the Grain Elevator Amnesty Registration Form to the DNR by September 15, 2003.

Some elevators have submitted a Minor Source Emissions Inventory Questionnaire. Most of the information requested in the amnesty form was not included in the inventories. Therefore, in order to get amnesty, you must complete Grain Elevator Amnesty Registration Form and submit it to the DNR by September 15, 2003 even if you submitted a Minor Source Emissions Inventory Questionnaire.

Amnesty from What?

During the amnesty period, the DNR will not take enforcement action or assess a penalty for failure to obtain a construction permit grain handling, processing, and storage equipment before installing, constructing or modifying that equipment. In addition, DNR will not take enforcement action for emitting more than the maximum concentration of particulate matter (dust) allowed. The maximum concentration (0.1 gr/dscf) applies to almost all sources of air pollution in Iowa.

The department will also curtail routine air quality compliance inspections at facilities that register for the amnesty. However, complaints about air pollution from grain elevators will still be investigated and this may include an inspection of the elevator.

Are any violations not covered by the amnesty?

Violations such as emitting fugitive dust in quantities sufficient to create a nuisance and emitting visible emissions that cross the property line are not included in this amnesty.

Also excluded from the amnesty are failure to get construction permits for some petroleum storage tanks. Petroleum storage tanks that are less than 10,570 gallons capacity AND have annual throughput of less than 40,000 gallons are exempt from permitting requirements. Also, any tank, regardless of size or annual throughput, storing fluid having a maximum true vapor pressure of less than 0.75 psia is exempt from permitting requirements. [Diesel fuels have a vapor pressure less than 0.75 psia while gasoline and gasoline blends have vapor pressures higher than 0.75 psia.] Retail petroleum outlets are not required to get permits for the storage tanks or dispensing equipment.

What is the deadline for registering for the amnesty?

A completed Grain Elevator Permit Amnesty Registration Form must be submitted to the DNR by September 15, 2003. Mail the completed forms to Grain Elevator Amnesty, Iowa Department of Natural Resources, Air Quality Bureau, 7900 Hickman Road Suite 1, Urbandale, IA 50322. Forms can also be faxed to (515) 242-5094.

Because of the high number of amnesty registration forms expected to be returned, the DNR will not send you an acknowledgment that your registration has been received. We strongly recommend that you send it via certified mail or through another carrier that will confirm delivery to the DNR.

How long does the amnesty last?

Amnesty will only be granted if you submit a Grain Elevator Amnesty Registration Form for your elevator(s). The amnesty for construction permit violations expires when construction permits for the existing equipment at your elevator are issued or when your elevator gets covered under a general permit issued by the DNR. Amnesty from the 0.1 gr/dscf standard also expires after construction permits or general permit coverage is in place. However, when installation or alteration of equipment is required to meet the standard, amnesty will expire 180 days after starting operation of equipment or control equipment required in the construction permit.

When the amnesty expires, elevators should have all the required permits for installations and alterations of equipment that took place before the end of the amnesty period. After the amnesty expires, construction permits for new projects must be obtained before construction, installation or alteration begins.

What will DNR do with the information on the registration form?

The United States Environmental Protection Agency has conducted research on the emission rates from the equipment at elevators such as conveyors, legs, dryers, and processing equipment. In order to determine the emissions from an entire elevator, however, DNR also needs to know the number of pieces of equipment and the size of that equipment. More of this type of information is required to design a general permit that reduces the permitting burden, is not needlessly restrictive, and that is representative of Iowa elevators.

The DNR will create a list of elevators that have qualified for the amnesty. The information submitted on the Grain Elevator Amnesty Registration Form will used to write standard limits for elevators that have similar sizes, types, and numbers of equipment and, therefore, similar emissions. For example, the information may show that 20% of Iowa elevators have only two small dryers, no hammer mills, and between 400,000 bushels and 600,000 bushels of permanent storage while another 20% has one large dryer, a hammer mill, a grain cleaner, and between 600,000 bushels and 800,000 bushels of storage. Separate sets of standard conditions can be developed to allow both groups to be covered by a general permit rather than individual construction permits.

The information on the amnesty registration form will not be used to determine what pieces of equipment are in compliance with the construction permit requirements. Also, the information will not be compared with permit applications or general permit registrations submitted in the future.

Why is a general permit being developed?

The DNR estimates that there are over 500 country grain elevators in Iowa that are currently not complying with the construction permit requirements. In order to ease the burden of the permitting process on grain elevators, the DNR has been working with the Agribusiness Association of Iowa to develop a general permit.

If two facilities conduct similar operations and have similar equipment then their air quality construction permits turn out to be very similar. Most elevators have generally the same type of equipment that emits air pollution. Instead of writing many similar permits for individual grain elevators, the department hopes to develop a general permit with a standard list of equipment and a standard set of limits on the amount of air pollution emitted. The idea is that the standard list of equipment and standard limits would apply to many grain elevators eliminating the need for them to file individual permit applications for all of their equipment. It is hoped that many country grain elevators are already complying with these requirements or could comply with them with relative ease. However, there is no guarantee every elevator will be covered by a general permit. In that case the facility will need to submit construction permit applications. Also, elevators will have the choice of coverage under a general permit or obtaining individual construction permits for their equipment.