STATE OF IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY

1410 North Hilton' Boise, Idaho 83706-1255 • (20a) 373-0502 Dirk Kempthorne, Governor 

### May 22.2003 C. Stephen Allred, Director 

### John lani Regional Administrator U.S. EPA. Region 10 1200 Sixth Avenue Seattle, WA 98101 Re: State Implementation Plan Rule Revisions ; 

# PerWl;**f~;.Ar ~t"'5.** 

# (S{f~ 

# (.1) Dear Mr. lani: Enclosed for your review and approval are an original and four copies 

### of revisions to the Department of Environmental Quality's (DEQ) Rules for the Control ofAir Pollution in Idaho, IDAPA 58.01.01. DEQ is seeking Environmental Protection Agency (EPA) approval ofthese revisions as an update to the contents of the Idaho State Implementation Plan (SIP), 40 CFR, Part 52, Subpart N. These revisions to the state rules were promulgated pursuant to the Environmental Protection and Health Act, Idaho Code, Sections 39-101 through 39-130. Review and approval by a Deputy Attorney General assigned to DEQ was obtained at appropriate times throughout the rulemaking process. The adoption was made in accordance with the requirements ofthe federal Clean Air Act .and applicable federal regulations. None ofthe revisions included in this submittal reflect a reduction in emission limits. 

### A. Rule Revisions Adopted 

### by the Board of Environmental Quality and Approved 

### by the 2002 Idaho Legislature. 1. IDAPA 58.01.01.210.16.c
- Soil Vapor Extraction. This revision resolves conflicts between DEQ's petroleum remediation policy and IDAPA 58.01.01.513 regarding good engineering practices and dispersion techniques in permitting sources with stacks. The Board of Environmental Quality adopted the revision on October 18, 2001, and the 2002 Idaho Legislature approved it on March 15, 2002 with an effective date of March 15, 2002. 2. IDAPA 58.01.01.008.11 and 58.01.01.107.03.j. -Incorporations of Federal Regulation by Reference. These revisions update citations to the federal regulations incorporated by reference to include those revised as ofJuly 1, 2001. IDAPA 58.01.01.861.04.c
- HospitaVMedical/lnfectious Waste Incinerators. This revision clarifies that all owners oroperators ofthe effected incinerators must comply with provisions of Idaho Code, Section 39-128. The Board of Environmental Quality adopted these revisions on October 18,2001 and the 2002 Idaho Legislature approved them on March 15. 2002, with an effective date of March 15, 2002. 3. IDAPA 58.01.01.790 through 799.
- Nonmetallic Mineral Processing Plants. These new sections introduce the requirements for rock crushers including control requirements, emission standards, permit requirements, and use of Best Management Practices forfugitive dust control. They also establish requirements including registration and controls on the use of electrical generators by rock crushers operating under a permit by rule

### Mr. John lani May 22,2003 Page 2 IDAPA 58.01.01.011 and.IDAPA 58.01.01.201. These revisions add a definition for the purposes of Section 790 and 799 and add a provision allowing an operatorto commence construction and operation ofa source without a permit to construct provided the source operates in accordance with all the applicable provisions of a permit by rule. The Board of Environmental Quality adopted these revisions on October 18, 2001 and the 2002 Idaho Legislature approved them on March 15, 2002, with an effective date of March 15, 2002.
B. Rule Revisions Adopted by the Board of Environmental Quality and Approved by the 2003 Idaho Legislature.

. 1. IDAPA 58.01.01.209.01.c. 58.01.01.710 through 724, 58.01.01.213.02. 58.01.01.228. 58.01.01.395. 58.01.01.410.58.01.01.58.01.01.313.01

. 58.01.01.317.01.b.i.(30). 58.01.01.511, 58.01.01.581.01- Permit Clarification. These pending revisions clarify various sections of Idaho's stationary source permitting program, remove the grain-loading standard, and correct citation references. IDAPA 58.01.01.008.11 and IDAPA 58.01.01.107
- Incorporations of Federal Regulations by Reference. These pending revisions update citations to the federal regulations· incorporated by reference to include those revised as of July 1, 2002. The Board of Environmental Quality removed several sections from the proposed rule and adopted the revised rule on November 13, 2002. The 2003**L~gislature** 

### approved the rule effective May 3, 2003. 2. IDAPA 58.01.01.600 through 67
- Opening Buming. These revisions clarify inconsistencies between the language and requirements of other local, state and federal rules, regulations and laws in addition to clarifying some general restrictions. The Board of Environmental Quality made revisions to the proposed rule and adopted on October 17,2002. The 2003 Legislature revised the pending rule and approved it effective March 21,2003.
C. Rule Revisions that Establish or Revise Permitting Fees. While we understand EPA will not include these rules in the Idaho SIP, we are forwarding them to you for information. 1. IDAPA 58.01.01.224 through 228
- Permit to Construct Application and Processing Fees. These new sections establish permit to construct application fees and processing fees and specify how the fees are collected, appealed and used by DEQ. lOAPA 58.01.01.407 through 410 and 58.01.01.470
- Tier" Operating Permit Processing Fees. These new sections establish Tier" operating permit processing fees and specify how the fees are collected, appealed and used by OEQ. IOAPA 58.01.01.800 through 802
- Permit bv Rule Registration Fee. These new sections establish the registration fee for facilities regulated under a permit by rule and specify how the fees are collected. appealed and used by OEQ.

### Mr. John lani 

## ( May 

### 22, 2003 Page 3 IDAPA 

### 58.01.01.006. 58.01.01.007, 58.01.01.200. 58.01.01.202 through 

### 209, 58.01.01.300, 58.01.01.322.58.01.01.380. and 

### 58.01.01.387 through 

### 404. These sections were revised to change references to internal citations. The Board of Environmental Quality adopted these revisions on November 

### 18, 2001 and the 

### 2002 Idaho Legislature approved them on March 

### 15, 2002. These rule revisions were effective on July 

### 1, 2002. 2. IDAPA 

### 58.01.01.387 through 

### 398

- Title 

### VOp!rating Permit Fees. This pending rule revises the existing structure for annual registration ofTier I sources and the annual assessment and payment

### ofTier I feE!s. These revisions were adopted by the Board of Environmental Quality on November 

### 13, 2002 and the 

### 2003 Legislature approved them effective April 

### 2, 2003. Ifyou oryour staff have questions concerning any ofthese rules, please contact me at 

### 208-373-0240. My staffare**ava~lable** 

### to vide assistance to**ensu~** 

### Idaho's SIP is updated as soon as possible.



## e**/~ector** /'CSA:ph Enclosures
cc: Lisa Kronberg Pat Nair RobertWilkosz Phyllis Heitman SIP Submittals File Reading FileSTATE OF IDAHO

.DEPARTMENT OF ENVIRONMENTAL QUALITY

1410 North Hilton· Boise, Idaho 83706-1255' (208) 373·0502 Dirk Kempthome, Governor .C. Stephen Allred, Director



### AMENDMENT TO THE RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO

Pursuant to the Environmental Protection and Health Act, Idaho Code 39-101 through 39-130, I hereby submit amendments to the Rules forthe Control 

### ofAir Pollution in Idaho (Air Rules). IDAPA 58.01.01. as edited in the attachments, as a revision toAppendix A.3 ofthe Implementation Plan forthe Control 

### ofAir Pollution in the State 

### of Idaho (Idaho SIP). The changes being submitted were adopted as pending by 

### the Board of Environmental Quality and approved by the Idaho Legislature as indicated in the attachment. DATEDthis 22nd day 

### of May. 2003

.

./

## PERMIT TO CONSTRUCT APPLICATION AND PROCESSING FEES IDAPA 58.01.01.224 THROUGH 228

TIER II OPERATING PERMIT PROCESSING FEES IDAPA 58.01.01.407 rHROUGH 410 IDAPA 58.01.01.470

PERMIT BY RULE REGISTRATION FEE IDAPA 58.01.01.800 THROUGH 802

CITATION REFERENCES IDAPA 58.01.01.006 IDAPA 58.01.01.007 IDAPA 58.01.01.200 IDAPA 58.01.01.202 THROUGH 209 IDAPA 58.01.01.300 IDAPA 58.01.01.322 IDAPA 58.01.01.380 IDAPA 58.01.01.387 THROUGH 404

# -

-,

# IV' 1

# +- i' 

## A , 

# Pro

# r 05

# A

# I

-IDAPA 58
- DEPARTMENT OF ENVIRONMENTAL QUALITY 58.01.01 • RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO DOCKET NO. 58-0101·0104 NOTICE OF PROPOSED RULEMAKING

AUTHORITY: In compliance with Section 67-5221(1), Idaho Code, notice is hereby given that this agency has proposed rulemaking. This action is authorized by Sections 39-105 and 39-107. The collection offees is authorized by Sections 39-115(3) and 39-119, Idaho Code. PUBLIC HEARING SCHEDULE: A public hearing concerning this proposed rulemaking will be held as follows: October 9, 2001, 7 p.m. Department ofEnvironmental QualityConference Center 1410 N. Hilton, Boise, Idaho. The hearing site(s) will beaccessible to persons with disabilities. Requests for accommodation must be made no later than five (5) days priorto the hearing. For arrangements, contact the undersigned at (208)373-0418. DESCRIPTIVE SUMMARY: Economic growth in Idaho has resulted in a corresponding rise in the air quality permitting needs ofthe regulated community. The purpose ofthe rulemaking is to better match the level offunding available to the Department ofEnvironmental Quality (DEQ) air quaHty permitting program to the level ofpermit applications received. The fee will support, in part, the costs to DEQ of processing applications for permits to construct (PTCs) and Tier II operating permits, and registrations for permits by rule, allowing the agency to better meet the needs ofthe regulated community. Persons proposing or operating existing stationary sources ofairpollutant emissions and required to obtain conStruction oroperating permits may be affected by therule. As proposed, the rule adopts a permit to construct application fee, as well as processing fee schedules for calculating permit to construct andTier

## n operating permitprocessing fees. Therule also includes a registration fee for owners of qualified facilities opting to register with DEQ under Sections 790 through 799 in lieu of obtaining an individual permit. The fee schedules are structured to provide an incentive for emission reduction as required by Section 39­ 115(3), Idaho Code. This rulemaking also includes nonsubstantive corrections to rule section references within the rule chapter. The proposed rule text is in legislative format. Language the agency proposes to add is underlined. Language the agency proposes to delete is struck out. It is these additions and deletions to which public comment should be addressed. After consideration ofpublic comments, DEQ intends to present the fmal proposal to the Board ofEnvironmental Quality in November 2001 for adoption of a pending rule. The rule is expected to be final and effective upon the conclusion ofthe 2002 session ofthe Idaho Legislature. FEE SUMMARY: This rulemakingwillestablish a permit to construct application fee, schedules for processing fees for permits to construct and Tier II operating permits, and a permit by rule registration fee for nonmetallic mineral processing plants. Collection ofthe fees is authorized by Sections 39-115(3) and 39-119, IdahoCode. NEGOTIATED RULEMAKING: The text ofthe rule has been drafted based on discussions held and concerns raised during a negotiation conducted pursuant to Section 67-5220, Idaho Code, and IDAPA 04.11.01.812 through 815. The negotiation was open to the public. Participants in the negotiation included government and industry representatives. The Notice ofNegotiated Rulemaking was published in the Idaho Administrative Bulletin, Volume 01-6, June 6, 2001, page 93. GENERAL INFORMATION: Formore information about DEQ's programs and activities, visit DEQ's web site at www.state.id.us/deq

. ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN COMMENTS: For assistance on questions concerning the proposed rulemaking, contact Phyllis Heitman, (208)373-0502, pheitman@deq.state.id.us

. IDAHO ADMINISTRATIVE BULLETIN Page 168 September5, 2001

- VoL 01-9



### " "-', ,'''\ l': ,r't**~.~ .~**  

### .......':

.... ;.

# ..

# - DEPARTMENT

### OFENVIRONMENTAL QUALITY DocketNo. 58·0101·0104 Rules for the Control

### ofAirPollution In Idaho Proposed Rulemaking Anyone can submit written comments by mail, fax ore-mail at the address below regarding this proposed rule. DEQ will consider all written comments received by the undersigned on orbefore October9,2001.
Dated this 18th day ofJuly, 200I.

Paula 1. 

### Gradwohl Environmental Quality Section Attorney General's Office 1410 N. Hilton Boise, Idaho 83706·1255 (208)373-0418/Fax No. (208)373-0481 pgradwoh@deq.state.id.us

THE FOLLOWING IS THE TEXT OF DOCKET NO. 58·0101-0104

006. GENERALDEFINITIONS.
....-r.", 01. 

### Accountable. Any SIP emission trading program must account for the aggregate effect of the emissions trades in the demonstration ofreasonable further progress, attainment, ormaintenance. (4-5-00) 02. 

### Act. The Environmental Protection and Health Act of 1972 as amended (Sections 39-101 through 39-130, Idaho Code). (5-1-94) 03. 

### Actual Emissions. The actual rate ofemissions ofa pollutant from an emissions unit asdetermined in accordance with the following: (4-5-00)
a. In general, actual emissions as ofa particular date shall equal the average rate, in tons per year, at whichtheunit actually emitted the pollutant during a two-year periodwhich precedes the particular date and which is representative ofnormal source operation. The Department shall allow the use of a different time period upon a determination that it is more representative ofnormal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period. (4-5-00) b. The Department may presume that the source-specific allowable emissions for the unit are equivalentto actual emissions ofthe unit. (4-5-00)
c. For any emissions unit (other than an electric utility steam generating unit as specified below) which has notyet begun normal operations on the particular date, actual emissions shall equal thepotential to emit of the unit on that date. (4-5-00) d. For an electric utility steam generating unit (other than a new unit or the replacementofan existing unit) actual emissions ofthe unit following the physical or operational change shall equal the representative actual annual emissions ofthe unit, provided the source owner or operator maintains and submits to the Department, on an annual basis for a periodoffive (5) years from the date the unitresumes regular operation, information demonstrating that the physical or operational change did not result in 

### an emissions increase. A longer period, not to exceed ten (10) 

### years may be required by the Department ifit determines such a period to be more representative ofnormal source post-change operations. (4-5-00) 

# -"

IDAHO ADMINISTRATIVE BULLETIN 

### Page 169 

### September 5,1001- 

### Vol. 01-9

### DEPARTMENT

### OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0104 Rules for the Control 

### ofAirPollution in Idaho Proposed Rulemaking
04. Air PoJlutant/Air Contaminant. Any substance, including but not limited to, dust, fume, gas, mist, odor, smoke, vapor, pollen, soot, carbon orparticulate matter or any combination thereof. (4-5-00) 05. Air Pollution. The presence in the outdoor atmosphere ofany airpollutant or combination thereof in such quantity of such nature and duration and under such conditions as would be injurious to human health or welfare, to animal or plant life, or to

### property, or to interfere unreasonably with the enjoyment oflife orproperty. (4-5-00) 06. Air Quality. The specific measurement in the ambient air ofa particular air pollutant at any given time. (5-1-94) 07. Air Quality Criterion. The information used as guidelines for decisions when establishing air quality goals and airquality standards. (5-1-94) 08. Allowable Emissions. The allowable emissions rate of a stationary source or facility calculated using the maximum rated capacity of the source or facility (unless the source or facility is subject to federally enforceable limits which restrict the operating rate, or hours ofoperation, or both) and the most stringent ofthe following: (4-5-00)


### a. The applicable standards set forth in 40 CFRpart 60 and 61 ; (4-5-00) b. Any applicable State Implementation Plan emissions limitation including those with a future compliance date; or (4-5-00)
c. The emissions rate specified as a federally enforceable permit condition, including those with a



# - future compliance date. (4-5-00) 09. 

### AmbientAir. That portion ofthe atmosphere, external tobuildings, to which the general public has access. (5-1-94) 10. Ambient Air Quality Violation. Any ambient concentration of any regulated air pollutant that causes orcontributes to an exceedance ofa national ambient air quality standard as determined by 40 CFRPart 50. (4-5-00) 11. Atmospheric Stagnation Advisory. An 

### air pollution alert declared by the Department when regulated air pollutant impacts have been observed and/or meteorological conditions are conducive to additional regulated airpol1utant buildUp. (4-5-00) 12. AttainmentArea. Any area which isdesignated, pursuant to42 U.S.C. Section 7407(d), ashaving ambient concentrations equal to or less than national primary or secondary ambient air quality standards for a particular regulated air pollutant or air pollutants. (4-5-00) 

### 13. Baseline (Area. Concentration, Date). See Section 579. (5-1-94) 14. Best Available Control Technology (BACT). An 

### emissions limitation (including a visible emissions standard) based on the maximum degree ofreduction for each pollutant subject to regulation under the Clean Air Act which would be 

### emitted from any proposed major facility or major modification which the Department, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such proposed major facility or major modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combination techniques for control ofsuch po])utant. In no event shall application ofbest available control technologyresult in emissions ofany regulated airpollutantwhich would exceed the emission allowed by any applicable standard under 40 CFR Parts 60 and 61. Ifthe Department determines that technological or economic limitations on the application ofmeasurement methodology to 

### a particular emission unit would make the imposition ofan emissions standard infeasible, a design, equipment, work practice, operational standard or combination thereof, may be 

### prescribed instead to 

### satisfy the requirement for the application ofbest available control technology. Such



# - IDAHO ADMINISTRATIVE BULLETIN Page 170 SeptemberS, 2001

- Vol. 01-9

... '" ';

.... '1"**,~,: ,~.:**  .**~" ".~~** **'l~)**

### DEPARTMENT

### OF ENVIRONMENTAL QUALITY DocketNo. 58-0101-0104 Rules for the Control 

### ofAirPollution In Idaho Proposed Rulemaking standard shall, to the degree possible, set forth the emissions reduction achievable by implementation ofsuch design, equipment, work practice or operation, and shall provide for compliance by means which achieve equivalent results. (4-5-00) 15. Board. IdahoBoard ofEnvironmental Quality. (5-1-94) 16. Breakdown. An unplanned failure of any equipment or emissions unit which may cause excess emissions. (4-5-00) 17. BTU. British thermal unit. (5-1-94) 18. Clean Air Act. The federal Clean Air Act, 42 U.S.C. Sections 7401 through 7671q. (5-1-94) 19. Collection Efficiency. The overall performance of the air cleaning device in terms of ratio of materials collected to total input to the collector unless specific size fractions of the contaminant are stated or required. (5-1-94) 20. Commence Construction Or Modification. In general, this means initiation ofphysical on-site construction activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation ofbuilding supports and foundations, laying ofunderground pipework, and construction of permanent storage structures. With respect to a change in method of operation, this term refers to those on-site activities, otherthan preparatory activities, which mark the initiation ofthe change. (4-5-00) 21. Complete. A determination made by the Department that all information needed to process a permit application has been submitted for review. (5-1-94) 22. Construction. Fabrication, erection, installation, or modification ofa stationary source orfacility. (5-1-94) 

# ­ 23. Control Equipment. Any method, process or equipment which removes, reduces or renders less noxious, airpollutants discharged into the atmosphere. (5-1-94) 24. Controlled Emission. An emission which has been treated by control equipment to remove all or part ofan air pollutant before release to the atmosphere. (5-1-94) 25. Criteria Air Pollutant. Any of the following: PM-tO; sulfur oxides; ozone, nitrogen dioxide; carbon monoxide; lead. (4-5-00) 26. Department. The Department ofEnvironmental Quality. (5-1-94) 27. Designated Facility. Any ofthe following facilities: (5-1-94)


### a. Fossil-fuel fired steam electric plants ofmore than two hundred fifty (250) million BTU's per hour heat input; (5-1-94) 

### b. Coal cleaning plants (thermal dryers); (5-1-94)

c. Kraft pulp mills; (5-1-94) 

### d. Portland cementplants; (5-1-94)
e. Primary zinc smelters; (5-1-94) f. Iron and steel mill plants; (5-1-94) 

### g. Primary aluminum ore reduction plants; (5-1-94) 

# - IDAHO ADMINISTRATIVE BULLETIN Page 171 September5,2001

- Vol. 01-9



# .._ ""\**r:~ ~;.** **-t--.~**

.....".- '-.l**_~** +"W " •

### DEPARTMENT

### OF ENVIRONMENTAL QUALITY Docket No. 58-0101·0104 Rules for the Control of AirPollution In Idaho ProposedRu/emaking 

### h. Primary copper smelters; (5-1-94) 

### i. Municipal incinerators capable ofcharging more than two hundred and fifty (250) tons ofrefuse perday; (5-1-94) j. Hydrofluoric, sulfuric, and nitric acid plants; (5-1-94) k. Petroleum refineries; (5-1-94) 

### 1. Lime plants; (5-1-94)


### m. Phosphate rock processing plants; (5-1-94)


### n. Coke oven batteries; (5-1-94)


### o. Sulfurrecovery plants; (5-1-94) 

### p. Carbon blackplants (furnaceprocess); (5-1-94) q. Primary lead smelters; (5-1-94)


### r. Fuel conversionplants; (5-1-94)

s. Sintering plants; (5-1-94) t. Secondary metal production facilities; (5-1-94)


### u. Chemical process plants; (5-1-94)

v. Fossil-fuel boilers (orcombinationthereof) ofmore than two hundred andfifty (250)millionBTU's perhourheat input; (5-1-94)

w. Petroleum storage and transfer facilities with a capacity exceeding three hundred thousand (300,000) barrels; (5-1-94)


### x. Taconite oreprocessing facilities; (5-1-94) 

### y. Glass fiber processing plants; and (5-1-94)


### z. Charcoalproduction facilities. (5-1-94) 28. Director. The Directorofthe Department ofEnvironmental Quality orhis designee. (5-1-94) 29. Effective Dose Equivalent. The sum ofthe products ofabsorbed dose and appropriate factors to account for differences in biological effectiveness due to the quality ofradiation and its distribution in the body of reference man. The unit ofthe effective dose equivalent is the rem. Itis generally calculated as an annual dose. (5-1-94) 30. Emission. Any controlled oruncontrolled release or discharge into the outdoor atmosphere ofany air pollutants or combination thereof. Emission also includes any release or discharge of any air pollutant from a stack, vent, or othermeans into the outdoor atmosphere that originates from an emission unit. (5-1-94) 31. Emission Standard. A permit or regulatory requirement established by the Department or EPA which limits the quantity, rate, or concentration ofemissions ofair pollutants on a continuous basis, including any requirements which limit the level ofopacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures for a sourceto assure continuous emission reduction. (4-5-00)

IDAHO ADMINISTRATIVE BULLETIN Page 172 September5, 2001- Vol. 01-9
",**~,f'l"'"** t)

- .../ t., _'._ I",)DEPARTMENT

### OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0104 Rules for the Control 

### ofAirPol/ution in Idaho Proposed Rulemaking 32. Emissions Unit. An identifiable piece ofprocess equipment or other part ofa facility which emits or may emit any air pollutant. This definition does not alter or affect the term "unit" for the purposes of42 U.S.c. Sections 7651 through 76510. (5-1-94) 33. EPA. The United States Environmental Protection Agency and its Administrator or designee. (5-1-94) 34. Environmental Remediation Source. A stationary source that functions to remediate or recover any release, spill, leak, discharge or disposal ofany petroleum product or petroleum substance, any hazardous waste orhazardous substance from any soil, ground water or surface water, and shall have an operational life no greater than five (5) years from the inception of any operations to the cessation ofactual operations. Nothing in this definition shall be construed so as to actually limit remediation projects to five (5) years orless oftotal operation. (5-1-95) 35. Excess Emissions. Emissions of any regulated air pollutant exceeding an applicable emissions standard established for any facility, source oremissions unit by statute, regulation, rule, permit, or order. (4-5-00) 36. Existing Stationary Source Or Facility. Any stationary source or facility that exists, is installed, or is under construction on the original effective date ofany applicable provision ofthis chapter. (5-1-94) 37. Facility. All ofthe pollutant-emitting activities which belong to the same industrial grouping, are located on one (I) or more contiguous or adjacent properties, and are underthe control ofthe same person (or persons under common control). Pollutant-emitting activities shall be considered as part ofthe same industrial grouping if they belong to the same Major Group (i.e. which have the same two-digit code) as described in the StandardIndustrial Classification Manual. (4-5-00) 38. Federal Class I Area. Any federal land that is classified or reclassified "Class I" pursuant to Section 580. (5-1-94) 39. Federal Land Manager. The Secretary ofthe federal department with authority over any federal lands in the United States. (5-1-94) 40. Fire Hazard. The presence or accumulation of combustible material of such nature and in sufficient quantity that its continued existence constitutes an imminent and substantial danger to life, property, public welfare or adjacent lands. (5-1-94) 41. Fuel-Burning Equipment. Any furnace, boiler, apparatus, stack and all appurtenances thereto, used in the process ofburning fuel for the primary purpose ofproducing heat or power by indirect heat transfer. (5-1-94) 42. Fugitive Dust. Fugitive emissions composed ofparticulate matter. (5-1-94) 43. Fugitive Emissions. Those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. (5-1-94) 44. Garbage. Any waste consisting ofputrescible animal and vegetable materials resulting from the handling, preparation, cooking and consumption of food including, but not limited to, waste materials from households, markets, storage facilities, handling and sale ofproduce and other food products. (5-1-94) 45. Grain Elevator. Any plant or installation at which grain is unloaded, handled, cleaned, dried, stored, or loaded. (5-1-94) 46. Grain StorageElevator. Any grain elevator located at any wheat flour mill, wet com mill, drycom mill (human consumption), rice mill, or soybean extraction plant which has a permanent grain storage capacity of thirty five thousand two hundred (35,200) cubic meters (ca. 1 million bushels). (5-1-94) 47. Grain Terminal Elevator. Any grain elevator which has a permanent storage capacity ofmore than eighty-eight thousand one hundred (88,100) cubic meters (ca. 2.5 million bushels), except those located at

IDAHO ADMINISTRATIVE BULLETIN Page 173 SeptemberS, 2001- Vol. 01-9

# - DEPARTMENT OFENVIRONMENTAL QUALITY DocketNo. 53-0101-0104 Rules for the Controlof

### AirPollution in Idaho ProposedRulemaklng animal food manufacturers, pet food manufacturers, cereal manufacturers, breweries, and livestock feedlots. (5-1-94) 48. Hazardous Air Pollutant (HAP). Any air pollutant listed in or pursuant to Section 112(b) ofthe Clean AirAct. (4-5-00) 49. Hazardous Waste. Any waste orcombination ofwastes ofa solid, liquid, semisolid, or contained gaseous form which, because ofits quantity, concentration or characteristics (physical, chemical orbiological) may: (5-1-94)
a. Cause or significantly contribute to an increase in deaths or an increase in serious, irreversible, or incapacitating reversible illnesses; or (5-1-94) b. Pose a substantial threat to human health or to the environment if improperly treated, stored, disposed of, or managed. Such wastes include, but are not limited to, materials which are toxic, corrosive, ignitable, or reactive, or materials which may have mutagenic, teratogenic, or carcinogenic properties; provided that such wastes do not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are allowed under a national pollution discharge elimination system permit, or source, special nuclear, or by-product material as defined by42 U.S.c. Sections 2014(e),(z) or (aa). (5-1-94) 50. Hot-Mix Asphalt Plant. Those facilities conveying proportioned quantities or batch loading of cold aggregate to a drier, and heating, drying, screening, classifying, measuring and mixing the aggregate and asphalt for the purpose ofpaving, construction, industrial, residential or commercial use. (5-1-94) 51. Incinerator. Any source consisting of a furnace and all appurtenances thereto designed for the destruction ofrefuse by burning. "Open Burning" is not considered incineration. For purposes ofthese rules, the destruction ofany combustible liquid or gaseous material byburning in a flare stack shall be considered incineration. (5-1-94) 

# - 52. Indian Governing Body. The governing body ofany tribe, band, or group ofIndians subject to the jurisdiction ofthe United States and recognized by the United States as possessingpower ofself-government. (5-1-94) 53. Kraft Pulping. Any pulping process which uses, for a cooking liquor, an alkaline sulfide solution containing sodium hydroxide and sodium sulfide. (5-1-94) 54. Lowest Achievable Emission Rate (LAER). For any source, the more stringent rate ofemissions based onthe following: (4-5-00)
a. The most stringent emissions limitation which is contained in any State Implementation Plan for such class or category of facility, unless the owner or operator of the proposed facility demonstrates that such limitations are not achievable; or (4-5-00) b. The most stringent emissions limitation which is achieved in practice by such class or category of facilities. This limitation, when applied to a modification, means the lowest achievable emissions rate for the new or modified emissions units within the facility. In no event shall the application ofthe term permit a proposed new or modified facility to emit any pollutant in excess ofthe amount allowable under an applicable new source standard of performance. (4-5-00) 55. MajorFaciUty. (5-1-94)


### a. A major facility is either: (4-5-00) i. Any facility which emits, or has the potential to emit, one hundred (100) tons per year or more of any regulated airpollutant; or (4-5-00)

11. 

### Any physical change that would occur at a facility not qualifying under Subsection 006.55.aj. as a
IDAHO ADMINISTRATIVE BULLETIN Page 174 September5,2001

- VoL 01-9

### DEPARTMENT

### OF ENVIRONMENTAL QUALITY DocketNo. 58-0101-0104 Rules for the Control of

### AirPollution in Idaho ProposedRulemaking major facility, ifthe change would constitute a new major facility by itself. (4-5-00) b. A major facility that is major for volatile organic compounds shall be considered major for ozone. (4-5-00)
c. The fugitive emissions ofa facility shall notbe included in determining for any ofthe purposes of this Section whether it is a major facility, unless the source is a designated facility or the source belongs to a stationary source categorywhich, as ofAugust 7, 1980, is being regulated under Sections III or 112 ofthe Clean Air Act. (4-5-00) 56. MajorModification. (5-1-94)
a. Any physical change orchange in the method ofoperation ofa major facility that would result in a significant net emissions increase ofany regulated airpollutant. (4-5-00) b. Any net emissions increase that is considered significant for volatile organic compounds shall 

### be considered significant for ozone. (4-5-00)


### c. A physical change or change in the method ofoperation shall not include: (4-5-00) L Routine maintenance, repair, and replacement; (4-5-00) ii. Use ofan alternative fuel or raw material by reason ofan order under Sections 2(a) and (b) ofthe Federal Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailmentplan pursuant to the Federal Power Act; (4-5-00) 

### iii. Use ofan alternative fuel byreason ofan order or rule under Section 125 ofthe Clean Air Act; (4-5-00) iv. Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste; (4-5-00)

v. Use of an alternative fuel or raw material by a facility which the facility was capable of accommodating before December 21, 1976 for facilities located in nonattainment areas orbefore January 6, 1975 for facilities located in attainment or unclassified areas, unless such change would be prohibited under any federally enforceable permit condition which was established after December 12, 1976 for facilities located in nonattainment areas orbefore January 6, 1975 for facilities located in attainment or unclassified areas orunder any permit issuedby the Department orEPA; (4-5-00) vi. An increase in the hours of operation or in the production rate, unless such change is prohibited under any federally enforceable permit conditionwhich was established afterDecember 12, 1976 for facilities located in nonattainment areas orbefore January 6, 1975 for facilities located in attainment or unclassified areas. (4-5-00)
VII. Any change in ownership ata facility; (4-5-00)
V111. The addition, replacement, oruse ofa pollution control project at an existing electric utility steam generating unit, unless the Department determines that such addition, replacement, or use renders the unit less environmentally beneficial, or except when the Department has reason to believe that the pollution control project would resultin a significant net increase in representative actual annual emissions ofany criteria pollutant over levels used for that facility in the most recent air quality impact analysis in the area conducted for the purpose ofTitle I, if any, and the Department determines that the increase will cause or contribute to a violation ofany national ambient air quality standard orprevention ofsignificant deterioration (PSD) increment, or visibility limitation; (4-5-00) ix. The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the project complies with the State Implementation Plan for the state in which the project is located, and other requirements necessary to maintain the national ambient air quality standard during the project and after it is terminated. (4-5-00) 

# - IDAHO ADMINISTRATIVE BULLETIN Page 175 September5, 2001- Vol. 01-9

### DEPARTMENT

### OF ENVIRONMENTAL QUALITY DocketNo. 58-0101-0104 Rules for the Control

### ofAirPollution in Idaho Proposed Rulemaking

57. Member OfThe Public. Forpurposes ofSubsection 006.92.a.xxi., a person located at any off-site point where there is a residence, school, business oroffice. (4-5-00) 58. Modification. Any physical change in, orchange in the methodofoperation of, a stationary source or facility which increases the amount ofany regulated air pollutant emitted by such stationary source or facility or which results in the emission ofany regulated air polIutant not previously emitted except that routine maintenance, repair and replacement shalI not be considered physical changes, and the folIowing shall not be considered a change in the method ofoperation: (4-5-00)
a. An increase in the production rate ifsuch increase does notexceedthe operating design capacity of the affected stationary source, and ifamore restrictive productionrate is not specified in a permit; (5-1-94) 

### b. An increase in hours ofoperation ifmore restrictive hours ofoperation are not specified in a permit; and (5-1-94)
c. Use of an alternative fuel or raw material if the stationary source is specifica\ly designed to accommodate such fuel orraw material and use ofsuch fuel orraw material is not specificallyprohibited in a permit. (4-5-00) 59. Monitoring. Sampling and analysis, in a continuous or noncontinuous sequence, using techniques which will adequately measure emission levels and/or ambient airconcentrations ofairpollutants. (5-1-94) 60. Multiple Chamber Incinerator. Any article, machine, equipment, contrivance, structure orpartof a structure used to dispose of combustible refuse by burning, consisting of three (3) or more refractory lined combustion furnaces in series physicalIy separated by refractory walls, interconnected by gas passage ports or ducts and employing adequate parameters necessary for maximum combustion ofthe material to beburned. (5-1-94) 61. New Stationary Source OrFacility. (5-1-94)
a. Any stationary source orfacility, the construction ormodification ofwhich is commenced after the original effective date ofany applicable provision ofthis chapter; or (5-1-94) b. The restart ofa nonoperating facility shall be considered a new stationary source orfacility if: (5-1-94) 

### i. The restart involves a modification to the facility; or (5-1-94) ii. Afterthe facility has been in a nonoperating status for a periodoftwo (2) years, andthe Department receives an application for a Permit to Construct in the area affected by the existing nonoperating facility, the Department will, within five (5) working days ofreceipt ofthe application notify the nonoperating facility ofreceipt ofthe application for a Permit 

### to Construct. Upon receipt ofthis Departmental notification, the nonoperating facility will comply with the following restart schedule or be considered a new stationary source or facility when it does restart: Within thirty (30) working days afterreceiptofthe Department's notification ofthe application for a Permitto Construct, the nonoperating facility shall provide the Department with a schedule detailing the restart ofthe facility. The restart must begin within sixty (60) days ofthe date the Department receives the restart schedule. (5-1-94) 62. NonattainmentArea. Any area which is designated, pursuantto 42 U.S.C. Section 7407(d), as not meeting (or contributes 

### to ambient air quality in a nearby area that does not meet) the national primary or secondary ambient air quality standard for thepollutant. (5-1-94) 63. NODcondeDsfbles. Gases and vapors from processes that arenotcondensed at standard temperature and pressure unless otherwise specified. (5-1-94) 

### 64. Odor. The sensation resulting from stimulation ofthe human sense ofsmell. (5-1-94) 

# - IDAHO ADMINISTRATIVE BULLETIN Page 176 SeptemberS, 2001

- Vol. 01-9

# - DEPARTMENT

### OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0104 Rules for the Control 

### ofAirPollution in Idaho ProposedRulemaking 65. Opacity. A state which renders material partially or wholly impervious to rays oflight and causes obstruction ofan observer's view, expressed as percent. 

### (5-1-94) 66. Open Burning. The burning of any matter in such a manner that the products of combustion resulting from theburning are emitted directly into the ambient air withoutpassing through a stack, duct or chimney. 

### (5-1-94) 67. Operating Permit. A permit issued by the Director pursuant to Sections 

### 300 through 

### 386 and/or 

### 400 through 

### 461. (4-5-00) 68. Partienlate Matter. Any material, except water in uncombined form, that exists as a liquid or a solid at standard conditions. 

### (5-1-94) 69. PartienlateMatter Emissions. All particulate matter emitted to the ambient air as measuredby an applicable reference method, or any equivalent or alternative method in accordance with Section 

### 157. (4-5-00) 

### 70. Permit to Construct. A permit issued by the Director pursuantto Sections 

### 200 through 

### 22-3-.8..**~** 71. Person. Any individual, association, corporation, firm, partnership or any federal, state or local governmental entity. 

### (5-1-94) 72. PM-lO. All particulatematterin the ambient air with an aerodynamic diameter less than orequalto a nominal ten 

### (10) micrometers as measured by a reference method based on Appendix J of

### 40 CFR Part 

### 50 and designated in accordancewith

### 40 CFR Part 

### 53 orby an equivalent method designated in accordance with 

### 40 CFRPart 

### 53. (5-1-94) 73. PM-lO Emissions. All particulate matter, including condensible particulates, with an aerodynamic diameterless than orequal to a nominal ten 

### (10) micrometers emitted to the ambientair as measured by an applicable reference method, or an equivalent oralternative method in accordance with Section 

### 157. (4-5-00) 74. Potential To EmitlPotential Emissions. The maximum capacity of a facility to emit an air pollutant under its physical and operational design. Any physical or operational limitation on the capacity ofthe facility to emit an airpollutant,providedthe limitation orits effectonemissions is state orfederally enforceable, shall be treated as part of its design. Limitations may include, but are not limited to, air pollution control equipment, restrictions on hours ofoperation and restrictions on the type or amount ofmaterial combusted, stored orprocessed. This defmition does not alter or affect the term "capacity factor" as defined in 

### 42 U.S.C. Sections 

### 7651 through 

### 76510. (4-5-00) 75. PortableEquipment. Equipmentwhich is designed to be dismantled and transported from one (1) job site to anotherjob site. 

### (5-1-94) 76. PPM (parts per million). Parts ofa gaseous contaminantper'million parts ofgasby volume. 

### (5-1-94) 77. Prescribed Fire Management Burning. The controlled application of fire to wildland fuels in eithertheir natural ormodified state under such conditions ofweather, fuel moisture, soil moisture, etc., aswill allow the fire to be confined to a predetermined area and at the same time produce the intensity ofheat and rate ofspread required to accomplish planned objectives, including: 

### (5-1-94)
a. Fire hazard reduction; 

### (5-1-94) b. The control ofpests, insects, ordiseases; 

### (5-1-94)
c. The promotion ofrange forage improvements; 

### (5-1-94) 

### d. Theperpetuation ofnatural ecosystems; 

### (5-1-94)

IDAHO ADMINISTRATIVE BULLETIN Page 177 September S, 2001

- Vol. 01-9

", ;-..... '--fa..**;~:~/:;'T')** 

# ._..**;~:I~" .;~** **\.~~**

# - DEPARTMENT

### OFENVIRONMENTAL QUALITY DocketNo. 58·0101·0104 Rules for the Control of AirPollution in Idaho Proposed Rulemaklng

e. The disposal ofwoody debris resulting from a logging operation, the clearing ofrights ofway, a land clearing operation, or a driftwood collection system; (5-1-94) f. Thepreparation ofplanting and seeding sites for forest regeneration; and (5-1-94) 

### g. Other accepted natural resource management purposes. (5-1-94) 78. Primary Ambient Air Quality Standard. That ambient air quality which, allowing an adequate margin ofsafety, is requisite to protect the public health. (5-1-94) 79. Process Or Process Equipment. Any equipment, device orcontrivance for changing any materials whatever or for storage or handling ofany materials, and all appurtenances thereto, including ducts, stack, etc., the use of which may cause any discharge of an air pollutant into the ambient air but not including that equipment specifically defined as fuel-burning equipment orrefuse-burning equipment. (5-1-94) 80. Process Weight. The total weight ofall materials introduced into any source operation which may cause any emissions ofparticulatematter. Process weight includes solid fuels charged, but doesnot include liquid and gaseous fuels charged or combustion air. Waterwhich occurs naturally in the feed material shall be considered partof the process weight. (5-1-94) 81. Process WeightRate. Therate established as follows: (5-1-94)
a. For continuous or long-run steady-state source operations, the total process weight for the entire period ofcontinuous operation or for a typical portion thereof, divided by the number of hours of such period or portion thereof; (4-5-00)



# - b. Forcyclical orbatch source operations, the total process weight for a period that covers a complete cycle ofoperation or an integral number ofcycles, divided by the hours of actual process operation during such a period. Where the nature ofany process or operation or the design ofany equipment is such as to permit more than one (1) interpretation ofthis definition, the interpretation that results in the minimum value for allowable emission shall apply. (4-5-00) 82. QuantifiabJe. The Department must be able to determine the emissions impact ofany SIP trading programs requirement(s) oremission limit(s). (4-5-00) 83. Radionuclide. A type ofatom which spontaneouslyundergoes radioactive decay. (5-1-94) 84. ReguJated Air PolJutant. The following airpollutants: (4-5-00)
a. Nitrogen oxides or any volatile organic compounds. (4-5-00) b. Any pollutant for which a national ambient air quality standardhas been promulgated. (4-5-00)
c. Any pollutantthat is subject to any standard promulgated under42 U.S.C. Section 7411. (4-5-00) d. Any Class I orII substance subject to a standard promulgated under or established under42 U.S.c. Sections 7671a(a) or 767Ia(b). (4-5-00)
e. Any air pollutant subject to a standard promulgated under 42 U.S.C. Section 7412 or other requirements established under 42 U.S.C. Section 7412, including 42 U.S.C. Section 7412(g), 0), and (r), including the following: (4-5-00) i. Any air pollutant subject to requirements under 42 U.S.c. Section 74120). If the EPA fails to promUlgate a standard by the date established pursuant to 42 U.S.C. Section 7412(e), any air pollutant for which a subject source would be major shall be considered to be regulated on the date eighteen (18) months after the applicable date established pursuantto42 U.S.c. Section 7412(e); and (4-5-00)

IDAHO ADMINISTRATIVE BULLETIN Page 178 September5, 2001- VoL 01-9DEPARTMENT

### OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0104 Rules for the Control of AirPollution in Idaho Proposed Rulemaking

ii. Any air pollutant for which the requirements of42 U.S.C. Section 7412(g)(2) have been met, but only with respect to the individual source subject to 42 U.S.C. Section 7412(g)(2) requirement. (4-5-00) f. Any air pollutant listed in Sections 585, 586, or subject to regulation pursuant to Section 161. Unless otherwise listed in Subsections006.84.a. through 006.84.e., these pollutants do not constitute regulated air pollutants for purposes ofSections 300 thlyjrtgh 386 tll'lti526through -538 399.**~** 85. Replicable. Any SIP procedures for applying emission trading shall be structured so that two (2) independent entities would obtain the same result when determining compliance with the emission trading provisions. (4-5-00) 86. Responsible Official. One (l) ofthe following: (5-1-94)
a. For a corporation: a president, secretary, treasurer, or vice-president ofthe corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation ofone (I) or more manufacturing, production, or operating facilities applying for or subjectto a permit and either: (5-1-94) i. The facilities employ more than two hundred fifty (250) persons or have gross annual sales or expenditures exceeding twenty-five million dollars ($25,000,000) (in second quarter 1980 dollars); or (4-5-00) ii. The delegation ofauthority to such representative is approved in advance by the Department. (5-1-94) b. For a partnership or sole proprietorship: a general partner orthe proprietor, respectively. (5-1-94)**~"** c. For a municipality, State, Federal, or other public agency: either a principal executive officer or ranking elected official. For the purposes ofSection 123, aprincipal executive officer ofa Federal agency includes the chiefexecutive officer having responsibility for the overall operations of a principal geographic unit ofthe agency (e.g., a Regional Administrator ofEPA). (4-5-00) d. For Phase II sources: (5-1-94) i. The designated representative in so far as actions, standards, requirements, or prohibitions under 42 U.S.C. Sections 7651 through 76510 orthe regulations promulgated thereunder are concerned; and (5-1-94)
11. The designated representative for any otherpurposes under 40 CFR Part 70. (5-1-94) 87. Safety Measure. Any shutdown (and related startup) or bypass of equipment or processes undertaken to prevent imminent injury or death or severe damage to equipment or property which may cause excess emissions. (4-5-00) 88. Salvage Operation. Any source consisting ofany business, trade or industry engaged in whole or in part in salvaging orreclaiming any product ormaterial, such as, but not limited to, reprocessing ofused motor oils, metals, chemicals, shipping containers, or drums, and specifically including automobile graveyards andjunkyards. (5-1-94) 89. Scheduled Maintenance. Planned upkeep, repair activities and preventative maintenance on any air pollution control equipment oremissions unit, including process equipment, and including shutdown and startup ofsuch equipment. (3-20-97) 90. Secondary Ambient Air Quality Standard. That ambient air quality which is requisite to protect the public welfare from any known or anticipated adverse effects associated with the presence ofair pollutants in the ambient air. (5-1-94)

IDAHO ADMINISTRATIVE BULLETIN Page 179 September5, 2001- Vol. 01-9

.. .... ,...... 

## ,.., ".. 

### ,-: ,,} olj**~ ~)** 

# -- DEPARTMENT

### OFENVIRONMENTAL QUALITY DocketNo. 58-0101-0104 Rules for the Control

### ofAirPollution in Idaho Proposed Rulemaklng 91. Shutdown. The normal and customary time period required to cease operations of air pollution control equipment oran emissions unit beginning with the initiation ofprocedures to terminate normal operation and continuing until the termination is completed. (5-1-94) 92. Significant. A rate of regulated air pollutant emissions that would equal or exceed any of the following: (4-5-00)


### a. Air pollutant emissions and rate: (5-1-94) i. Carbon monoxide, one hundred (100) tons peryear; (5-1-94) ii. Nitrogen oxides, forty (40) tons per year; (5-1-94) iii. Sulfur dioxide, forty (40) tons per year; (5-1-94) iv. Particulate matter, twenty-five (25) tons per year; (5-1-94)


### v. Ozone, forty (40) tons peryear ofvolatile organic compounds as a measure ofozone; (5-1-94) vi. Lead, six-tenths (0.6) ofa tonperyear; (5-1-94) vii. Asbestos, seven-thousandths (0.007) ofa ton peryear; (5-1-94) viii. Beryllium, four ten-thousandths (0.0004) ofa tonperyear; (5-1-94) ix. Mercury, one-tenth (0.1) ofa ton peryear; (5-1-94)


### x. Vinyl chloride, one (1) tonper year; (5-1-94) xi. Fluorides, three (3) tons peryear; (5-1-94) xii. Sulfuric acid mist, seven (7) tons per year; (5-1-94) xiii. Hydrogen sulfide (H2S), ten (IO) tons peryear; (5-1-94) xiv. Total reduced sulfur (including H2S), ten (l0) tonsper year; (5-1-94)

xv. Reduced sulfurcompounds (including H2S), ten (10) tons peryear; (5-1-94) xvi. PM-I0, fifteen (15) tons per year; (5-1-94) xvii. Municipal waste combustor organics (measured as total tetra- through octa-chlorinated dibenzo-pdioxins and dibenzofurans), thirty-five ten-millionths (0.0000035) tons peryear; (5-1-94) xviii. Municipal waste combustor metals (measured as particulate matter), fifteen (15) tons peryear; (5-1-94) xix. Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen chloride), forty (40) tons peryear; (5-1-94)


### xx. Municipal solid waste landfill emissions (measured as nonmethane organic compounds), fifty (50) tons peryear; (4-5-00) xxi. Radionuclides, a quantity of emissions, from source categories regulated by 40 CFR Part 61, SubpartH, that have been determined in accordance with 40 CFR Part 61, Appendix D andby Department approved methods, that would cause any member of the public to receive an annual effective dose equivalent of at least one tenth (0.1) mrem peryear, iftotal facility-wide emissions contribute an effective dose equivalent ofless than three (3)

IDAHO ADMINISTRATIVE BULLETIN Page 180 September5,2001

- Vol. 01-9

### DEPARTMENT

### OFENVIRONMENTAL QUALITY Docket No. 58-0101-0104 Rules for the ControlofAirPollution In Idaho Proposed Rulemaklng

mrem peryear; or any radionuclide emission rate, iftotal facility-wide radionuclide emissions contribute an effective dose equivalent ofgreater than or equal to three (3) mrem per year. (5-1-95) b. In reference to a net emissions increase or the potential ofa source orfacility to emit a regulated air pollutant not listed in Subsection oo6.92.a. above and not a toxic airpollutant, any emission rate; or (4-5-00)
c. For amajor facility ormajor modification which would be constructed within ten (10)kilometers of a Class I area, the emissionsrate which would increase the ambient concentration ofan emittedregulated airpollutant in the Class I area by one (I)microgram percubic meter, twenty-four (24) hour average, ormore. (4-5-00) 93. 

### Significant Contribution. Any increase in ambient concentrations which would exceed the following: (5-1-94)


### a. Sulfur dioxide: (5-1-94) i. One (1.0) microgram per cubic meter, annual average; (5-1-94) ii. Five (5) micrograms per cubic meter, twenty-four (24) hour average; (5-1-94) iii. Twenty-five (25) micrograms per cubic meter, three (3) hour average; (5-1-94) 

### b. Nitrogen dioxide, one (1.0) microgram percubic meter, annual average; (5-1-94)


### c. Carbon monoxide: (5-1-94) 

### i. One-half(O.5) milligramspercubic meter, eight (8) hour average; (5-1-94)



# - ii. Two (2) milligrams percubic meter, one (I) hour average; (5-1-94) 

### d. PM-IO: (5-1-94) 

### i. One (1.0) microgram per cubic meter, annual average; (5-1-94) ii. Five (5.0) micrograms per cubic meter, twenty-four (24) hour average. (5-1-94) 94. 

### SmallFire. A fife in which the material to beburned is not more than four (4) feet in diameter nor more than three (3) feet high. (5-1-94) 95. 

### Smoke. Small gas-borne particles resulting from incomplete combustion, consisting predominantly, but not exclusively, ofcarbon and othercombustible material. (5-1-94) 96. 

### Smoke ManagementPlan. A document issued bythe Director to implement Sections 606 through 616, Categories ofAllowable Burning. (5-1-94) 97. 

### Smoke Management Program. A program whereby meteorological information, fuel conditions, fire behavior, smoke movement and atmospheric dispersal conditions are used as a basis for scheduling the location, amount and timing ofopen burning operations so as to minimize the impact of such burning on identified smoke sensitive areas. (5-1-94) 98. 

### Source. A stationary source. (5-1-94) 99. 

### Source Operation. The last operation preceding the emission of air pollutants, when this operation: (5-1-94)
a. Results in the separation ofthe air pollutants from the process materials or in the conversion ofthe process materials into air pollutants, as in the case offuel combustion; and (5-1-94)

IDAHO ADMINISTRATIVE BULLETIN Page 181 September5, 2001- VoL 01-9

...**)it.;.;'d"'''~**



### .;t':: ;..'''': iX

# - DEPARTMENT

### OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0104 Rules for the Control of AirPollution In Idaho ProposedRulemaklng 

### b. Is not an air cleaning device. (5-1-94) 100. Stack. Anypointin a source arranged to conductemissions to the ambientair, including a chimney, flue, conduit, orduct butnot including flares. (5-1-94) 101. Standard Conditions. Except as specified in Subsection 576.02 for ambient air quality standards, a dry gas temperature of twenty degrees Celsius (20C) sixty-eight degrees Fahrenheit (68F) and a gas pressure of seven hundred sixty (760) miJlimeters ofmercury (14.7 poundsper square inch) absolute. (4-5-00) 102. Startup. The normal and customary time period required to bring air pollution control equipment oran emissionsunit, including process equipment, from a nonoperational status into normal operation. (5-1-94) 103. Stationary Source. Any building, structure, emissions unit, or installation which emits or may emit any airpollutant. (4-5-00) 104. Tier I Source. Any ofthe following: (5-1-94)


### a. Any source located at any major facility as defined in Section 008; (4-5-00) b. Any source, including an area source, subject to a standard, limitation, or other requirement under 42 U.s.C. Section7411 or 40 CFRPart 60; (5-1-94)
c. Any source, including an area source, subject to a standard or other requirement under 42 U.S.C. Section 7412, 40 CFRPart 61 or40 CFRPart 63, exceptthat a source is not required to obtain a permit solelybecause it is subject to requirements under 42 U.S.C. Section 7412(r); (5-1-94) d. Any Phase II source; and (5-1-94)
e. Any source in a source category designated by the Department. (5-1-94) 105. Total Suspended Particulates. Particulate matter as measuredby the method described in 40 CFR 50Appendix B. (4-5-00) 106. Toxic Air PoUutant. An air pollutant that has been determined by the Department to be by its nature, toxic to human oranimal life orvegetation and listed in Section 585 or 586. (5-1-94) 107. Toxic Air PollutantCarcinogenicIncrements. Those ambient airquality increments based onthe probability ofdeveloping excess cancers over a seventy (70) year lifetime exposure to one (l) microgram per cubic meter (1 ug/m3) ofa given carcinogen andexpressed in terms ofa screening emission level or an acceptable ambient concentration for a carcinogenic toxic airpollutant. They are listed in Section 586. (5-1-94) 108. Toxic Air Pollutant Non-carcinogenic Increments. Those ambient air quality increments based on occupational exposure limits for airborne toxic chemicals expressed in terms ofa screening emission level or an acceptable ambient concentration for a non-carcinogenic toxic airpollutant. They are listed in Section 585. (5-1-94) 109. Toxic Substance. Any air pollutant that is determined by the Department to be by its nature, toxic to human oranimal life orvegetation. (5-1-94) 110. Trade Waste. Any solid, liquid or gaseous material resulting from the construction or demolition of any structure, or the operation of any business, trade or industry including, but not limited to, wood product industry waste such as sawdust, bark, peelings, chips, shavings and cull wood. (5-1-94) 111. TRS (Total Reduced Sulfur). Hydrogen sulfide, mercaptans, dimethyl sulfide, dimethyl disulfide and any other organic sulfide present. (5-1-94) 112. Unclassifiable Area. An area which, because ofa lack ofadequate data, is unable to be classified pursuant to 42 U.s.C. Section 7407(d) as either an attainment ora nonattainment area. (5-1-94)


# - IDAHO ADMINISTRATIVE BULLETIN Page 182 September5,2001

- Vol. 01-9

# -. DEPARTMENT

### OF ENVIRONMENTAL QUALITY Docket No. 58·0101·0104 Rules for the Control

### ofAirPollution In Idaho ProposedRulemaking
113. Uncontrolled Emission. An emission which has not been treated by control equipment. (5-1-94) 114. Upset. An unplanned disruption in the normal operations ofany equipmentoremissions unit which may cause excess emissions. (4-5-00) 115. Wigwam Burner. Wood waste burning devices commonly called teepee burners, silos, truncated cones, and other such burners commonly used by the wood product industry for the disposal by burning of wood wastes. (5-1-94) 116. Wood Stove CurtaUment Advisory. An 

### air pollution alert issued through local authorities and/or the Department to limit wood stove emissions during air pollution episodes. (5-1-94) 007. DEFINITIONS FOR THE PURPOSES OF SECTIONS 200 THROUGH**22~Ji** 

### AND 400 THROUGH 461. 

### 01. Adverse Impact On VisibUity. Visibility impairment which interferes with the management, protection, preservation, or enjoyment of the visitor's visual experience of the Federal Class I area. This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency, and time ofvisibility impairments, and how these factors correlate with: (4-5-00)


### a. Times ofvisitor use ofthe Federal Class I area; and (4-5-00) b. 

### The frequency and timing ofnatural conditions that reduce visibility. (4-5-00)
c. 

### This term does not include affects on integral vistas. (4-5-00) 02. Agricultural Activities And Services. For the purposes of Subsection 223.03.f., the usual and customary activities of cultivating the soil, producing crops and raising livestock for use and consumption. Agricultural activities and services do not include manufacturing, bulk storage, handling for resale orthe formulation ofany agricultural chemical listed in Sections 585 or 586. (5-1-94) 03. Innovative Control Technology. Any system ofair pollution control that has not been adequately demonstrated in practice, butwould have a substantial likelihoodofachieving greater continuous emissions reduction than any control system in current practice, or ofachieving at least comparable reductions at lower cost in terms of energy, economics, ornon-air quality environmental effects. (5-1-94) 04. Integral Vista. A view perceived from within the mandatory federal Class I area of a specific landmark or panorama located outside the boundary of the mandatory federal Class I area. Integral vistas are identified by the responsible federal land manager in accordance with criteria adopted pursuant to 40 CFR Part 51.304(a). (5-1-94) 05. Mandatory Federal Class I Area. Any area designated under 42 U.S.C. Section 7472(a) as Class I and never to be redesignated. (5-1-94) 06. NetEmissions Increase. Any increase in actual emissions- from a particular modification plus any other increases and decreases in actual emissions at the facility that are creditable and contemporaneous with the particular modification, where: (4-5-00)
a. A creditable increase or decrease in actual emissions is contemporaneous with a particular modification ifit occurs between the date five (5) years before the commencement ofconstruction ormodification on the particular change and the date thatthe increase from the particularmodification occurs. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed one hundred and eighty (I 

### 80) days; (4-5-00) b. A decrease in actual emissions is creditable only if it satisfies the requirements for emission reduction credits (Section 460) and has approximately the same qualitative significance for public health and welfare 

# -.
IDAHO ADMINISTRATIVE BULLETIN Page 183 SeptemberS, 2001**~** Vol.**OI~9**

### DEPARTMENT

### OFENVIRONMENTAL QUALITY Docket No. 58·0101·0104 Rules for the Control of AirPollution in Idaho Proposed Rulemaking

as that attributed to the increase from the particular modification, and is federally enforceable at and after the time that construction ofthe modification commences. (4-5-00)
c. The increase in toxic air pollutant emissions from an already operating or permitted source is not included in the calculation ofthe net emissions increase for a proposed new source or modification if: (5-1-95) 

### i. The already operating or permitted source commenced construction ormodification priorto July 1, 1995; or (5-1-95) ii. The uncontrolled emissionrate from the alreadyoperating orpermitted source is ten percent (10%) orless ofthe applicable screening emissions level listed in Section 585 or 586; or (6-30-95)
111. The already operating or permitted source is an environmental remediation source subject to or regulated by the Resource Conservation and Recovery Act (42 U.S.c. Sections 6901-6992k) and "Idaho Rules and Standards for Hazardous Waste," (IDAPA 58.01.05.000 et seq.) or the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.c. 6901-6992k) ora consent order. (6-30-95) 07. Pilot Plant. A stationary source located at least one quarter (1/4) mile from any sensitive receptor that functions to test processing, mechanical, or pollution control equipment to determine full-scale feasibility and which does notproduce products that are offered for sale except in developmental quantities. (5-1-94) 08. Reasonable Further Progress (RFP). Annual incremental reductions in emissions of the applicable regulated air pollutant as identified in the SIP which are sufficient to provide for attainment of the applicable ambient air quality standard by the required date. (4-5-00) 09. Secondary Emissions. Emissions which would occur as a result ofthe construction, modification, oroperation ofa stationary source orfacility, but do not come from the stationary source orfacility itself. Secondary emissions must 

### be specific, well defined, quantifiable, and affect the same general area as the stationary source, facility, or modification which causes the secondary emissions. Secondary emissions include emissions from any offsite support facility which would notbe constructed or increase its emissions except as a result ofthe construction or operation of the primary stationary source, facility or modification. Secondary emissions do not include any emissions which come directly from a mobile source regulatedunder42 U.S.c. Sections 7521 through 7590.(4-5-00) 10. Sensitive Receptor. Any residence, building or location occupied or frequented by persons who, due 

### to age, infirmity or other health based criteria, may be more susceptible to the deleterious effects ofa toxic air pollutant than the general population including, but not limited to, elementary and secondary schools, day care centers, playgrounds and parks, hospitals, clinics and nursing homes. (5-1-94) 11. Short Term Source. Any new stationary source or modification to an existing source, with an operational life no greater than five (5) years from the inception of any operations to the cessation of actual operations. (5-1-94) 12. Toxic Air Pollutant Reasonably Available Control Technology (T-RACT). An emission standard based on the lowest emission oftoxic air pollutants that a particular source is capable ofmeeting by the application of control technology that is reasonably available, as determined by the Department, considering technological and economic feasibility. Ifcontrol technology is not feasible, the emission standard may be based on the application ofadesign, equipment, work practice oroperational requirement, or combination thereof. (5-1-94) 13. Visibility Impairment. Any humanly perceptible change in visibility (visual range, contrast, coloration) from that which would have existed under natural conditions. (4-5-00)


### (BREAKINCONTINUITYOFSECTIONS) 

# - IDAHO ADMINISTRATIVE BULLETIN Page 184 September5, 2001- Vol. 01-9

# - DEPARTMENT

### OF ENVIRONMENTAL QUALITY DocketNo. 58-0101-0104 Rules for the Control ofAirPollution in Idaho Proposed Rulemaking 200. PROCEDURES AND REQUIREMENTS FOR PERMITS TO CONSTRUCT. The purposes ofSections 200 through 22-3.8. is to establish uniform procedures and requirements for the issuance of "Permits to Construct." 

### (4-§-OO1L-J. 201. PERMIT TO CONSTRUCT REQUIRED. No owner or operator may commence construction or modification ofany stationary source, facility, majorfacility, or major modification without first obtaining a permitto construct from the Departmentwhich satisfies the requirements of Sections 200 through 22-3.8. unless the source is exempted in any of Sections 220 through 223, the owner or operator complies with Section 213 and obtains the required permit to construct, orthe source operates in accordance with all ofthe applicable provisions ofa permit by rule.**~** 

### 202. APPLICATION PROCEDURES. Application for a permit to construct must be made using forms furnished by the Department, or by other means prescribed by the Department. The application shall be certified by the responsible official in accordance with Section 123 and shall be accompanied by all information necessary to perform any analysis or make any determination required under Sections 200 through 22-3.8.. 

### (4-§-OO1L-J. 01. Required Information. Depending upon the proposed size and location ofthe new or modified stationary source or facility, the application for a permit to construct shall include all ofthe information required by one ormore ofthe following provisions: (5-1-94)
a. For any new or modified stationary source or facility: (5-1-94) i. Site information, plans, descriptions, specifications, and drawings showing the design of the stationary source, facility, or modification, the nature and amount ofemissions (including secondary emissions), and the manner in which it will be operated and controlled. (5-1-94)
11. A schedule for construction ofthe stationary source, facility, or modification. (5-1-94) b. For any new major facility or major modification in a nonattainment area which would be major for the nonattainment regulated air pollutant(s): (4-5-00) i. A description ofthe system ofcontinuous emission control proposed for the new major facility or major modification, emission estimates, and other information as necessary to determine that the lowest achievable emission rate would be applied. (5-1-94) ii. A description ofthe emission offsets proposed for the new major facility or major modification, including information on the stationary sources, mobile sources, or facilities providing the offsets, emission estimates, and other information necessary to determine that a net air quality benefitwould result. (4-5-00)
111. Certification that all other facilities in Idaho, owned or operated by (or under common ownership of) the proposed new major facility or major modification, are in compliance with all local, state or federal requirements or are on a schedule for compliance with such. (5-1-94) iv. An analysis ofalternative sites, sizes, production processes, and environmental control techniques which demonstrates that the benefits ofthe proposed major facility or major modification significantly outweigh the environmental and social costs imposed as a result ofits location, construction, ormodification. (5-1-94)
v. An analysis ofthe impairmentto visibility ofany federal Class I area, Class I area designated by the Department, or integral vista ofany mandatory federal Class I area that the new major facility or major modification would impact (including the monitoring of visibility in any Class I area near the new major facility or major modification, if requested by the Department), except for those new major facilities and major modifications exempted by Subsection 204.04. (5-1-94)
c. For any new major facility or major modification in an attainment or unclassifiable area for any regulated air pollutant, except for those new major facilities and major modifications exempted under Subsection 205.04. (4-5-00)

IDAHO ADMINISTRATIVE BULLETIN Page 185 September5, 2001- Vol. 01-9

# - DEPARTMENT

### OF ENVIRONMENTAL QUALITY DocketNo. 58-0101-0104 Rules for the Control

### ofAirPollution in Idaho Proposed Rulemaklng
i. A description ofthe system ofcontinuous emission control proposed for the new major facility or major modification, emission estimates, and other information as necessary to determine that the best available control technology would be applied. (5-1-94) ii. An analysis ofthe effect on air quality by the new major facility or major modification, including meteorological and topographical data necessary to estimate such effects. (5-1-94)
1lI. An analysis of the effect on air quality projected for the area as a result of general commercial, residential, industrial, and other growth associated with the new major facility or major modification. (5-1-94) iv. A description of the nature, extent, and air quality effects of any or all general commercial, residential, industrial, andother growth which has occurred since August 7, 1977, in the area the new major facility or majormodification would affect. (5-1-94)
v. An analysis ofthe impairment to visibility, soils, and vegetation that would occur as a result ofthe new major facility or major modification and general commercial, residential, industrial, andother growth associated with establishment of the new major facility or major modification. The owner or operator need not provide an analysis ofthe impact on vegetation orsoils having no significant commercial orrecreational value. (5-1-94) vi. An analysis ofthe impairmentto visibility ofany federal Class I area, Class I areadesignatedbythe Department, or integral vista ofany mandatory federal Class I area that the new major facility ormajor modification would affect. (5-1-94)



# - vii. An analysis of the existing ambient air quality in the area that the new major facility or major modification would affect for each regulated airpollutant that a new majorfacility would emit in significant amounts orfor which a majormodification would result in a significant net emissions increase. (4-5-00)
Vlll. Ambient analyses as specified in Subsections 202.0Ic.vii., 202.0Ic.ix., 202.0Ic.x., and 202.01c.xii., may not be required if the projected increases in ambient concentrations or existing ambient concentrations ofa particular regulated air pollutant in any area that the new major facility or major modification would affect are less than the following amounts, orthe regulated airpollutant is not listed herein: carbon monoxide

­ five hundred and seventy-five (575) micrograms per cubic meter, eight (8) hour average; nitrogen dioxide

- fourteen (14) micrograms per cubic meter, annual average; PM-1O

- ten (10) micrograms per cubic meter, twenty-four (24) hour average; sulfur dioxide

- thirteen (13) micrograms per cubic meter, twenty-four (24) hour average; ozone - any net increase ofone hundred (100) tons peryear or more ofvolatile organic compounds, as a measure ofozone; lead

­ one-tenth (0.1) ofa microgram per cubic meter, calendar quarterly average; mercury - twenty-five hundredths (0.25) ofa microgram per cubic meter, twenty-four (24) hour average; beryllium

- one-thousandth (0.001) ofa microgram per cubic meter, twenty-four (24) hour average; fluorides

- twenty-five hundredths (0.25) ofa microgram per cubic meter, twenty-four (24) hour average; vinyl chloride

- fifteen (15) micrograms per cubic meter, twenty-four (24) hour average; hydrogen sulfide

- two-tenths (0.2) ofamicrogrampercubic meter, one (I) hour average. (4-5-00) 

### ix. For any regulated air pollutant which has an ambient air quality standard, the analysis shall include continuous air monitoring data, gathered over the year preceding the submittal of the application, unless the Department determines that a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorter than one (1) year, but not less than four (4) months, which is adequate for determining whether the emissions of that regulated air pollutant would cause or contribute to a violation of the ambient air quality standard orany prevention ofsignificant deterioration (PSD) increment. (4-5-00)
x. For any regulated air pollutant which does not have an ambient air quality standard, the analysis shall contain such air quality monitoring data that the Department determines is necessary to assess ambient air quality forthat airpollutant in any area that the emissions ofthat airpollutant would affect. (4-5-00) xi. Ifrequested by the Department, monitoring ofvisibility in any Class I area the proposednew major facility ormajor modification would affect. (5-1-94) xii. Operation ofmonitoring stations shall meet the requirements ofAppendix B to 40 CFRPart 58 or
IDAHO ADMINISTRATIVE BULLETIN Page 186 September5, 2001

- Vol. 01-9

# - DEPARTMENT

### OFENVIRONMENTAL QUALITY Docket No. 58-0101-0104 Rules for the Control of AirPollution in Idaho Proposed Rulemaking such otherrequirements as extensive as those set forth in Appendix B as may be approved by the Department. (5-1-94) 02. Estimates OfAmbient Concentrations.All estimates ofambient concentrations shall bebased on the applicable air quality models, data bases, and otherrequirements specified in 40 CFR51,Appendix W (Guideline on Air Quality Models). (4-5-00)

a. Where an air quality model specified in the "Guideline on Air Quality Models", is inappropriate, the model may be modified or another model substituted, subject to written approval ofthe Administrator ofthe U.S. Environmental Protection Agency and public comment pursuant to Subsection 209.01.c.; provided that modifications and substitutions ofmodels used for toxic airpollutants will be reviewed by the Department. (4-5-00) b. Methods like those outlined in the U.S. Environmental Protection Agency's "Interim Procedures for Evaluating Air Quality Models (Revised)" (September 1984) should be used to determine the comparability ofair quality models. (5-1-94) 03. Additional Information. Any additional information,plans, specifications, evidence or documents that the Department may require to make the determinations required under Sections 200 through 225 shall be furnished upon request. (5-1-94)


### (BREAKINCONTINUITYOFSECTIONS)
209. PROCEDURE FORISSUING PERMITS.


# - 01. General Procedures. General procedures for permits to construct. (5-1-94)
a. Within thirty (30) days after receipt of the application for a permit to construct, the Department shall determine whether the application is complete or whether more information must be submitted and shall notify the applicant ofits findings in writing. (5-1-94) b. Within sixty (60) days after the application is determined to be complete the Department shall: (5-1-94) i. Upon written request ofthe applicant, provide a draft permitfor applicantreview. Agency action on the permit under this Section may be delayed ifdeemed necessary to respond to applicant comments. (4-5-00) ii. Notify the applicant in writing ofthe approval, conditional approval, or denial ofthe application if an opportunity for public comment is not required pursuant to Subsection 209.01.c. The Department shaH set forth reasons for any denial; or (5-1-94) iii. Issue a proposed approval, proposed conditional approval, orproposed denial. (5-1-94)

c. An opportunity for public comment will be provided on all applications requiring a permit to construct. Public comment shall be provided on an application for any new major facility or major modification, any new facility ormodification which would affect any Class I area, any application whichuses fluid modeling ora field study to establish a good engineering practice stack height pursuant to Sections 510 through 516, any application which uses an interpollutant trade pursuant to Subsection 210.17, any application for a permit with a particulate matter emission standard requested pursuant to Subsection 710.10, any application which the Director determines an opportunity for public comment shouldbeprovided, and any application upon which the applicant sorequests. (3-30-01) 

### i. The Department's proposed action, together with the information submitted by the applicant and the Department's analysis ofthe information, shall be made available to the public in at least one (1) location in the region in which the stationary source orfacility isto be located. (5-1-94)


# - IDAHO ADMINISTRATIVE BULLETIN Page 187 September 5, 1001- VoL 01-9

### DEPARTMENTOFENVIRONMENTAL QUALITY Docket No. 58·0101·0104 Rules 

### for the Control

### ofAirPollution In Idaho ProposedRulemaking
ii. The availability of such materials shall be made known by notice published in a newspaper of general circulation in the county(ies) in which the stationary source orfacility is to be located. (5-1-94) iii. 

### A copy of such notice shall be sent to the applicant and to appropriate federal, state and local agencies. (5-1-94) iv. There shall be a thirty (30) day period after initial publication for comment on the Department's proposed action, such comment to be made in writing to the Department. (5-1-94)
v. After consideration ofcomments and any additional information submitted during the comment period, and within forty-five (45) days after initial publication ofthe notice, or notice ofpublic hearing if one is requested under Subsections 209.02.b,iv. or 209.02.a.ii., unless the Director deems that additional time is required to evaluate comments and information received, the Department shall notify the applicant in writing of approval, conditional approval, ordenial ofthe permit. The Department shall set forth the reasons for any deniaL (5-1-94) vi. All comments and additional information received during the comment period, together with the Departmenfs final determination, shall be made available to the public at the same location as the preliminary determination. (5-1-94) 

### d. A copy ofeachpermit will be sent to the U.S. Environmental Protection Agency. (5-1-94) 02. 

### AdditionalProcedures For Specified Sources. (5-1-94)
a. For any new major facility or major modification in an attainment or uncIassifiable area for any regulated air pollutant, except for those new major facilities and major modifications exempted under Subsection 205.04. (4-5-00) i. The public notice issued pursuant to Subsection 209.0I.c.ii. shall indicate the degree ofincrement consumption that is expected from the new major facility ormajor modification; and (5-1-94) ii. The public notice issued pursuant to Subsection 209.01.c.ii. shall indicate the opportunity for a public hearing for interested persons to appear and submit written or oral comments on the air quality effects ofthe new major facility or major modification, alternatives to it, the control technology required, and other appropriate considerations. All requests for public hearings during a comment period with an opportunity for a hearing must be requested in writing by interested persons within fourteen (14) days of the publication ofthe legal notice of the proposed permit to construct or within fourteen (14) days prior to the end ofthe commentperiod, whichever is later. (3-23-98) b. For any new major facility or major modification which would affect a federal Class I area or an integral vista ofamandatory federal Class I area. (5-1-94) i. 

### If 

### the Department is notified of the intent to apply for a permit to construct, it shall notify the appropriate Federal LandManager within thirty (30) days; (5-1-94) ii. A copy of the permit application and all relevant information, including an analysis of the anticipated effects on visibility in any federal Class I area, shall be 

### sent to the Administrator of the U.S. Environmental Protection Agency and the Federal Land Manager within thirty (30) days of receipt of a complete application and at least sixty (60) days prior to any public hearing on the application; (5-1-94) iii. 

### Notice ofevery action related to the consideration ofthe permit shall be sentto the Administratorof the U.S. Environmental Protection Agency; (5-1-94) iv. The public notice issued pursuant to Subsection 209.01.c.ii. shall indicate the opportunity for a public hearing for interested persons to appear and submit written or oral comments on the air quality effect ofthe new major facility or major modification, alternatives to it, the control technology required, and other appropriate considerations. All requests for public hearings during a comment period with an opportunity for a hearing must be 

# - IDAHO ADMINISTRATIVE BULLETIN Page 188 September 5, 2001

- Vol. 01-9

*'
- I

.... '1f • ..; ,,} wi 

## :1 Lj.

# - DEPARTMENT

### OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0104 Rules for the Control of AirPollution In Idaho ProposedRulemaking requested in writing by interested persons within fourteen (14) days of the publication ofthe legal notice ofthe proposed permit to construct orwithin fourteen (14) days prior to the end ofthe comment period, whichever is later. (3-23-98)
v. The notice ofpublic hearing, ifrequired, shall explain any differences between the Department's preliminary determination and any visibility analysis performed by the Federal Land Manager and provided to the Department within thirty (30) days ofthe notification pursuantto Subsection 209.02.bji. (5-1-94) vi. Upon a sufficient showing by the Federal Land Manager that a proposed new major facility or majormodification will have an adverse impact upon the air qualityrelatedvalues (including visibility) ofany federal mandatory Class I area, the Director may deny the application notwithstanding the fact that the concentrations of regulated air pollutants would not exceed the maximum allowable increases for a Class I area. (4-5-00) 03. Establishing A Good Engineering Stack Height. The Department will notify the public ofthe availability ofany fluid model orfield study used to establish a good engineering practice stack height and provide an opportunity for a public hearing before issuing a permit or setting an emission standard based thereon. (5-1-94) 04. Revisions Of Permits To Construct. The Director may approve a revision of any permit to construct provided the stationary source or facility continues to meet all applicable requirements of Sections 200 through 22:t.R. Revised permitswill be issued pursuant to procedures for issuing permits (Section 209), exceptthat the requirements ofSubsections 209.0l.c., 209.02.a., and 209.02.b., shall only apply ifthe permit revision results in an increase in emissions authorized bythe permit or ifdeemed appropriate by the Director. {4+fJfljL-J. 

### 05. Permit To Construct Procedures For Tier I 

### Sources. ForTier I sources that require a permit to construct, the owner oroperator shan either: (5-1-94)


### a. Submit only the information required by Sections 200 through 219 for a permit to construct, in which case: (3-23-98) 

# ­ i. A permit to construct or denial will be issued in accordance with Subsections 209.0La. and 209.0l.b. (5-1-94) ii. 

### The owner or operator may construct the source after permit to construct issuance orin accordance with Subsection 213.02.c. (3-23-98)
111. 

### The owner or operator may operate the source after permit to construct issuance so long as it does not violate any terms orconditions ofthe existing TierI operating permit and complies with Subsection 380.02. (4-5-00) iv. Unless a different time is prescribed by these rules, the applicable requirements contained in a permit to construct will be 

### incorporated into the Tier I operating permit during renewal (Section 269). Where an existing Tier I permit would prohibit such construction or change in operation, the source must obtain a permit revision before commencing operation. Tier I sources required to meet the requirements under Section 112(g) ofthe Clean Air Act (Section 214), or to have a permit under the preconstruction review program approved into the applicable implementation plan under Part C (Section 205) or Part D (Section 204) ofTitle I ofthe Clean Air Act, shall file a complete application to obtain a Tier I permit revision within twelve (12) months after commencing operation. (3-19-99)
v. The application or minor or significant permit modification request shan be processed in accordance with timelines: Section 361 and Subsections 367.02 through 367.05. (3-19-99) vi The final Tier I operating permit action shall incorporate the relevant terms and conditions from the permit to construct; or (4-5-00) b. Submitall information required by Sections 200 through 219 for a permitto construct and Sections 300 through 386 for a Tier I operating permit, orTier I operating permit modification, in which case: (4-5-00) 

# - IDAHO ADMINISTRATIVE BULLETIN Page 189 SeptemberS, 200t

- VoL 01-9
"'. "..., ("" ,1**~ ~.** **~,i** ',,; ..,..'

# *,.**~)**

### DEPARTMENTOFENVIRONMENTAL QUALITY DocketNo. 58-0101-0104 Rules for the Control 

### ofAirPollution in Idaho Proposed Rulemaklng i. Completeness ofthe application shall be determinedwithin thirty (30) days. (5-1-94) ii. The Department shall prepare a proposed permit to construct or denial in accordance with Sections 200 through 219 and a draft Tier I operating permit or Tier I operating permit modification in accordance with Sections 300 through 386 within sixty (60) days. (4-5-00)
Ill. The Department shall provide for public comment and affected state review in accordance with Sections 209, 364 and 365 on the proposed permit to construct or denial and draft Tier I operating permit or Tier I operating permit modification. (4-5-00) iv. Except as otherwise providedby theserules, the Department shall prepare and issue to the owner or operator a final permit to construct or denial within fifteen (15) days ofthe close ofthe public comment period. The owner or operator may construct the source after permit to construct issuance or in accordance with Subsection 213.02.c. (4-5-00)
v. The final permitto constructwill be sentto EPA, along with the proposed Tier I operating permit or modification. The proposed Tier I operating permit or modification shall be sent for review in accordance with Section 366. (4-5-00) vi. The Tier I operating permit, or Tier I operating permit modification, will be issued in accordance with Section 367. The owner or operator may operate the source afterpermit to construct issuance so long as it does not violate any terms orconditions ofthe existing TierI operatingpermit and complies with Subsection 380.02; or (4-5-00)
c. Submit all information required by Sections 200 through 219 for a permit to construct and Sections 300 through 381 for a Tier I operating permit, orTier I operating permitmodification, in which case: (4-5-00) i. Completeness ofthe application shaH be determined within thirty (30) days. (4-5-00) ii. The Department shall prepare a draft permit to construct ordenial in accordance with Sections 200 through 219 and that also meets the requirements ofSections 300 through 381 within sixty (60) days. (4-5-00)
111. The Department shall provide for public comment and affected state review in accordance with Sections 209,364, and 365 on the draft permit to construct ordenial. (4-5-00) iv. The Department shall prepare and send a proposed permit to construct or denial to EPA for review in accordance with Section 366. EPA review oftheproposed permit to construct ordenial in accordance with Section 366 can occur concurrently with public comment and affected state review of the draft permit, as provided in Subsection 209.05.c.iii. above, except that ifthe draft permit or denial is revised in response to public comment or affected state review, the Department must send the revisedproposedpermit to construct ordenial to EPA for review in accordance with Section 366. (4-5-00)
v. Except as otherwiseprovided by these rules, the Department shall prepare and issue to the owneror operatora final permitto construct ordenial in accordance with Section 367. The owneror operatormay construct the source after permit to construct issuance orin accordance with Subsection 213.02.c. (4-5-00) vi. The permittee may, at any time after issuance, request that the permit to construct requirements be incorporated into the Tier I operating permit through an administrative amendment in accordance with Section 381. The owner or operator may operate the source or modification upon submittal ofthe request for an administrative amendment. (4-5-00) 

### (BREAKIN CONTINUITYOFSECTIONS)


# - IDAHO ADMINISTRATIVE BULLETIN Page 190 September5, 2001

- Vol. 01-9

### DEPARTMENT OFENVIRONMENTAL QUALITY Docket No. 58·0101-0104 Rules for the Control

### ofAirPollution in Idaho Rulemaking 

### ill.. PERMIT TO CONSTRUCT APPLICATION FEE. All awlicants for 

### a permit to construct shall submit a permit to construct lll!plication fee of one thousand dollars ($I.OOQ) to the Department at the time of the ori&inal submission of the awlication. The permit to construct application fee is not required to be submitted for: 

## L---1 !t.L Exemption Applicability Determinations. Exemption applicability determinations 

### set forth in Sectjons 220 tbroulW 223: 

## L---1 Typolrapbical ErrQrs. Chan&es to correct typographical errors; or 

### .UJ.. Name Chanee. A change in the name ofthe holder ofa permit to construct when no other review oranalysis is required. 

## L---1

tons per year or more exempt under Subsection 205.04 New majorfacility or major modification not exempt under Subsection 205.04. permit modifications where no enqineering analysis is required

ll6,. PAYMENT OFFEES FORPERMITS TO CONSTRUCT. 

## !t.L FeeSubmittal. Thepermitto construct application fee shall be submittedwith the application. The permit

### to constructprocessin& fee shall be payable !!pon receipt of

## an aSsessment sentto the person receivin& a permit bythe Department. Thepermitto construct application andprocessin& fees shallbe sent to: Air Quality Permitto ConstructFees Fiscal Qffice. IdahoDepartment ofEnvironmental Quality 1410N. Hilton, Boise. ID 83706-1255 

### JlZ. Delipquency. No application for a peonit to construct shall beprocessed by the De.partment unless accompaniedby a permit to construct awlication fee. No permitto construct shall beissuedbythe Departmentuntil the Departmenthas received the permit to constructprocessing fee. 

## L-l 

# - IDAHO ADMINISTRATIVE BULLETIN Page 191 September5, 2001- VoL 01-9

# - DEPARTMENT

### OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0104 Rules for the Control

### ofAirPollution in Idaho Proposed Rulemaklng 

# m RECEIPT AND USAGE OFFEES. Pennit to construct application and processinL: fee receipts shall be deposited by the Department into a stationary source pennit account. Monies from this account shall be used toward technical. leL:al and administrative SYPJ)ort of the Department's air Q,Uality stationary source permit prolUam except for those activities supported by the fund created for implementing the QPerating permit programreQ,Uired under Title 

### Y of the federal Clean Air Act amendments of 

### 1990. The permit to construct application fee payable under Section 227 shall be retained by the Departmentregardless ofwbetherapermitto constructis issuedby the Department in res.pQnse to an application. The Departmentwill review the fee schedule atleast 

### every two (2) years. 

## L-.J 

# m. APPEALS. A Person may beable to file 

## an appeal within thirty (30) days ofthe date the person receives an assessment from the Department under Section 225. in accordance with IDAPA 58.01.23, "Rules ofAdministrative Procedure Before the BoardofEnvironmental Quality". 

## L-.J 2242.

-- 299. (RESERVED). 

### 300. PROCEDURES AND REQUIREMENTS FORTIER

### I OPERATING PERMITS. The purposes ofSections 300 through 38622 are to establish requirements and procedures for the issuance ofTier I operatingpermits.**~** 

### (BREAKIN CONTINUITY

### OF SECTIONS)
322. STANDARD CONTENTS OFTIERI OPERATING PERMITS. All Tier I operating permits shall contain and the Department shall have the authority to impose, implement and enforce, the following elements for all permitted operating scenarios and emissions trading scenarios. Fugitive 

# - emissions shall be included in the TierI operating permit in the same manner as stack emissions. (3-23-98) 

### 01. Emission Limitations And Standards. All Tier 

### I operating permits shall contain emission limitations and standards, including, but not limited to, those operational requirements and limitations that assure compliance with the applicable requirements identified in the application, or determined by the Department to be applicable to the source. (3-19-99) 

### 02. Authority For And Form OfTerms And Conditions. All Tier 

### I operating permits shall specify and reference the origin ofand authority for each term or condition, and identify any difference in form as compared to the applicable requirement upon which the term orcondition is based. (5-1-94) 

### 03. Terms OrConditions ForApplicable Requirements. All Tier

### I operatingpermits shall contain at least one (1) permit term or condition for every applicable requirement specifically identified 

### in the application or determined by the Departmentto be applicable to the source. (3-23-98) 04. Alternative Operating Scenarios. All Tier I operating permits shall contain terms and conditions to ensure compliance with all applicable requirements for each alternative operating scenario that was requested by the applicant and approved by the Department, including, but not limited to, a requirement that the owner or operator of the source, contemporaneously with making a change from one (l) operating scenario to another, record the change in an operating scenario log located andretained at the permitted facility. (5-1-94) 05. Trading Scenarios. (5-1-94)
a. All Tier I operating permits shall contain terms and conditions for each trading scenario that was requested by the appHcant and approved by the Department including, but notlimited to, terms and conditions which ensure that any emission trade is quantifiable, accountable, enforceable and based on replicable procedures.

. (3-23-98) b. The Tier I operating permit shall state that no permit revision shall be required under approved

IDAHO ADMINISTRATIVE BULLETIN Page 192 September 5, 2001

- Vol. 01-9

# - DEPARTMENT

### OFENVIRONMENTAL QUALITY DocketNo. 58-0101-0104 Rules forthe Control of

### AirPollution in Idaho Proposed Rulemaklng economic incentives, marketable permits, emissions trading, and othersimilarprograms orprocesses for changes that are provided for in the permit. (4-5-00)
c. The Tier I operating permit shall, at a minimum, include arequirement that the owner or operatorof the source, contemporaneously with making a change from one (I)trading scenario to another, record the change in a trading scenario log located and retained at the permitted faciJity andprovide notice to the Department in accordance with Section 383. (3-23-98) 

### 06. Monitoring. All TierI operating permits shan contain the following with respect to monitoring: (5-1-94)
a. Sufficient monitoring to ensure compliance with a11 of the terms and conditions of the·Tier I operating permit; (5-1-94) 

### b. All emissions monitoring and analysis procedures or test methods required under the applicable requirements; (5-1-94)
c. Ifthe applicable requirement does not require specific periodic testing or monitoring, terms and conditions requiring periodic monitoring, recordkeeping, or both, that is sufficient to yield reliable data for the relevant time periods that are representative ofthe emissions unit's compliance with the Tier I operating permit, as reported pursuant to Subsection 322.08, and ensuring the use ofterms, test methods, units, averaging periods, and other statistical conventions consistent with the applicable requirement; and (5-1-94) d. Requirements that the Department determines are necessary, concerning the use, maintenance and installation ofmonitoring equipment ormethods. (5-1-94) 

### 07. Recordkeeping. All Tier 

### I operating permits shan incorporate by reference alI applicable requirements regarding recordkeeping and require all ofthe following: (5-1-94) 

# ­

a. Sufficient recordkeeping to assure compliance with all ofthe terms and conditions ofthe Tier I operating permit. (5-1-94) 

### b. Recording ofmonitoring information including butnot limited to the following: (5-1-94) 

### i. The date, place (as defmed in the Tier I operating permit) and time ofsampling ormeasurements; (5-1-94) ii. The date(s) analyses were performed; (5-1-94) iii. The company orentity thatperformed the analyses; (5-1-94) iv. The analytical techniques ormethods used; (5-1-94)


### v. Theresults ofsuch analyses; and (5-1-94) 

### vi. The operating conditions existing at the time ofsampling ormeasurement. (5-1-94)

c. Retention ofall monitoring records and support information for a period ofat least five (5) years from the date ofthe monitoring sample, measurement, report or application. Supporting information includes but is not limited to all calibration and maintenance records and all original strip-chart recordings for continuous monitoring instrumentation and copies ofall reports required bythe TierI operatingpermit. (5-1-94) 08. 

### Reporting. All Tier I operating permits shall incorporate by reference all applicable requirements regarding reporting and require all ofthe following: (5-1-94)
a. Sufficient reporting to assure compliance with all ofthe terms and conditions ofthe TierI operating permit. (5-1-94)

IDAHO ADMINISTRATIVE BULLETIN Page 193 September S, 2001- Vol. 01-9

# ,­ DEPARTMENT

### OFENVIRONMENTAL QUALITY Docket No. 58-0101-0104 Rules for the Control

### ofAirPollution in Idaho Proposed Rulemaking


### b. Prompt reporting of deviations from permit requirements including, but not limited to, those attributable to excess emissions. Ifthe deviation is an excess emission, the report shan be submitted in accordance with the requirements of Sections 130 through 136. For all other deviations, the report shall be submitted in accordance with Subsection 322.08.c. unless the permit specifies another time frame. The reports shall describe the probable cause ofsuch deviations and any corrective actions orpreventative measures taken. (3-23-98)
c. Submittal ofreports for any required monitoring at least every six (6) months. All instances of deviations from Tier I operating permit requirements, which include monitoring, recordkeeping, and reporting, must be clearly identified in such reports. All required reports must be certified in accordance with Section 123. (4-5-00) 09. Testing. All Tier I operating permits shall contain terms and conditions requiring sufficient testing to assure compliance with all ofthe terms and conditions ofthe Tier I operating permit. (5-1-94) 

# to. Compliance Scbedule and Progress Reports. All Tier I operating permits shall contain terms and conditions regarding the compliance plan submitted in the application in accordance with Subsection 314.10 including aU ofthe following: (4-5-00)
a. For each applicable requirement for which the source is not in compliance at the time ofthe permit issuance, terms and conditions consistent with the compliance schedule submitted by the applicant including all of the following: (4-5-00) i. 

### A schedule ofremedial measures leading to compliance including an enforceable sequence of actions and specific dates for achieving the milestones and achieving compliance. (4-5-00) ii. A requirement that the permittee submit periodic progress reports to the Department no less frequently than every six (6) months or at a more frequent period ifone is specified in the underlying applicable requirement or by the Department. (5-1-94)
III. 

### A requirement that any progress report shall include a statement of when the milestones and compliance were or will be achieved, an explanation ofwhy any dates in the compliance schedule submitted by the applicant or in the terms or conditions ofthe Tier I operating permit were not or will not be met and a detailed description ofany preventative or corrective measures undertaken by the permittee. (5-1-94) iv. All terms and conditions ofany applicable consent order, judicial order, judicial consent decree, administrative order, settlement agreement orjudgment. (5-1-94)
v. A statement that the terms and conditions regarding the compliance schedule are supplemental to, and do not sanctionnoncompliance with, the underlying applicable requirement. (5-1-94) b. For each applicable requirement that will become effective during the term ofthe Tier I operating permit and thatrequires a detailed compliance schedule, the permit shall include such compliance schedule. (4-5-00)
c. For each applicable requirement that will become effective during the term ofthe Tier I operating permit that does not require a detailed compliance schedule, the permit shall include a statement that the permittee shall meet, on a timely basis, all such applicable requirements. (4-5-00) 11. Periodic Compliance Certifications. Each Tier I operating permit shall require submittal of compliance certifications during the term ofthe permit for each emissions unit to the Department and the EPA as follows: (5-1-94)
a. Compliance certifications for all emissions units shall be submitted no less frequently than annually, or more frequently ifspecified by the underlying applicable requirement or by the Department. (5-1-94) b. The compliance certification for each emissions unit shall address all ofthe terms and conditions contained in the Tier I operating permit that are applicable to such emissions unit including emissions limitations, standards and work practices. (5-1-94)

IDAHO ADMINISTRATIVE BULLETIN Page 194 SeptemberS, 2001

- 'Vol. 01-9

### DEPARTMENT

### OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0104 Rules forthe Control

### ofAirPollution in Idaho Proposed Rulemaking

c. 

### The compliance certification shall be in an itemized format providing the following information: (5-1-94) i. 

### The identification ofeach term or condition ofthe Tier I operating permit that is the basis ofthe certification; (4-5-00) ii. The identification ofthe methodes) orother means used by the owner oroperator for determining the compliance status with each term andcondition during the certification period, and whether such methods orother means provide continuous or intemrittent data. Such methods and other means shall include, at a minimum, the methods and means required by the Tier I operating permit. If necessary, the owner or operator shall identify any other material informationthat mustbe included in the certification to comply with Section 113(c)(2) ofthe Clean Air Act which prohibits knowingly making a false certification oromitting material information; (4-5-00)
Ill. 

### The status ofcompliance with the terms and conditions ofthe Tier I operating permit for the period covered by certification,based on the method or means designated in Subsection 322.11.c.ii. above. The certification shall identify each deviation and take it into account in the compliance certification. The certification shall also identify as possible exceptions to compliance any periods during which compliance is required and in which an excursion orexceedance as defined under40 CFR Part 64 occurred; and (4-5-00)
lV. 

### Such information as the Department may require to determine the compliance status of the emissions unit. (4-5-00) d. All original compliance certifications shall be submitted to the Department and a copy of all compliance certifications shall be submitted to the EPA; (5-1-94) 12. PermitConditions Regarding Acid Rain Allowances. (5-1-94)
a. A permit condition prohibiting emissions exceeding any allowances that the source lawfully holds. (5-1-94) b. No limit shall be placed on the number of allowances held by the source and no permit revisions shall be required for increases in emissions that are authorized by allowances acquired pursuant to the acid rain program, provided that such increases do not require a permitrevision under any other applicable requirement. (3-23-98)
c. The source may not, however, use allowances as a defense to noncompliance with any other applicable requirement. (5-1-94) d. Any such allowance shall be accounted for according to the procedures established in 40 CFRPart 72 and 40 CFR Part 73. (5-1-94) 13. PermitDuration. Each Tier I operating permit shall state that it is effective for a fixed term offive (5) years; except that during the first four (4) years after EPA approval ofthe Tier I operating permit program, the permit may be issued with an initial term ofthree (3) years to five (5) years unless the Tier I source is also a Phase II source. (5-1-94) 14. Other Specific Requirements. Any terms or conditions determined by the Department to be necessary for approval ofthe Tier I operatingpermit. (5-1-94) 15. General Requirements. Each Tier I operating permit shall contain provisions stating the following: (5-1-94)
a. The permittee shall comply with all conditions of this permit. Any permit noncompliance constitutes a violation and is grounds for enforcement action; for permit revocation, termination, revocation and reissuance, or revision; or for denial ofapermit renewal application. (5-1-94) 

# - IDAHO ADMINISTRATIVE BULLETIN Page 195 September5, 2001- Vol. 01-9

# - DEPARTMENT

### OFENVIRONMENTAL QUALITY Docket No. 58·0101·0104 Rules for the Control 

### ofAirPol/ution In Idaho ProposedRulemaking b. It

### shan notbe a defense in an enforcementaction that itwouldhavebeen necessary tohalt orreduce any activity in orderto maintain compliance with the terms and conditions ofthis permit. (5-1-94)
c. This permit may be

### revised, revoked, reopened and reissued, orterminated for cause. (5-1-94) d. The filing of a request by the permittee for a permit revision, revocation and reissuance, or termination, orofa notification ofplanned changes oranticipated noncompliance does not stayanypermitcondition. (5-1-94)
e. This permit does not convey any property rights ofany sort, orany exclusive privilege. (5-1-94) f. The permittee shall furnish all information requested by the Department, within a reasonable time, that the Department may request in writing to determine whether cause exists for modifying, revoking and reissuing orterminating the permit orto determine compliance with the permit. (4-5-00) 

### g. Upon request, the permittee shall furnish tothe Departmentcopies ofrecords required to be kept by thispermit. (5-1-94) h. The provisions ofthis permit are severable, and ifany provision ofthis permit to any circumstance is held invalid, the application ofsuch provision to other circumstances, and the remainder ofthis permit shall not be 

### affected thereby. (5-1-94) i. The permittee shall comply with Sections 380 through 386 as applicable. (3-19-99) j. 

### Unless specifically identified as a "State Only" provision, all terms and conditions in the this permit, including any terms and conditionsdesigned to limit a source'spotential to emit, are enforceable: (5-1-94) i. By the Department in accordance with State law; and (5-1-94) ii. Bythe United States orany other person in accordance with Federal law. (5-1-94) k. Provisions specifically identified as a "State Only" provision are enforceable only in accordance with State law. "State Only"provisions

### are those that are not requiredunderthe Federal Clean AirAct orunder any of its applicable requirements orthose provisions adopted by the State priorto federal approval. (3-23-98) I. Upon presentation of credentials, the permittee shall allow the Department or an authorized representative ofthe Department to do the following: (5-1-94) i. 

### Enter upon the permittee's premises where a Tier I source is located oremissions-related activity is conducted, orwhere records are kept under the conditionsofthis permit; (5-1-94) ii. Have access to and copy, at reasonable times, any records that are kept under the conditions ofthis permit; (5-1-94)
lll. 

### Inspect at reasonable times any facilities, equipment (includingmonitoring and airpollutioncontrol equipment), practices, oroperations regulated orrequired under this permit; and (5-1-94) iv. Sample or monitor at reasonable times substances orparameters for the purpose ofdetermining or ensuring compliance with this permit orapplicable requirements. (5-1-94)


### m. Nothing in this permit shall alter oraffect the following: (5-1-94) i. 

### Any administrative authority orjudicial remedy available to prevent or terminate emergencies or imminent and substantial dangers; (5-1-94) ii. The liability ofan owner oroperator ofa source for any violation ofapplicable requirements prior to orat the time ofpermit issuance; (5-1-94)



# - IDAHO ADMINISTRATIVE BULLETIN Page 196 September 5,2001- Vol. 01-9DEPARTMENT

### OF ENVIRONMENTAL QUALITY 

### DocketNo. 58·0101-0104 Rules for the Control of

### AirPollution in Idaho Proposed Rulemaklng
iii. The applicable requirements ofthe acid rain program, consistent with 42 U.S.C. Section 7651g(a); (5-1-94) iv. The owner or operator's duty to provide information. (5-1-94)
n. The owner or operatorofa Tier I source shall pay registration fees to the Department in accordance with Sections

# m ill through 

# m which are hereby incorporated by reference.**~** 

### o. All documents submitted to the Department shall be certified in accordance with Section 123 and comply with Section 124. (5-1-94) p. If a timely and complete application for a Tier I operating permit renewal is submitted, but the Department fails to issue or deny the renewal permit before the end ofthe term ofthe previous permit, then all the terms and conditions of the previous permit including any permit shield that may have been granted pursuant to Section 325 shall remain in effectuntil the renewal permithas been issued or denied. (5-1-94) q. The permittee shall promptly report deviations from permit requirements including, but not limited to, those attributable to excess emissions. If the deviation is an excess emission, the report shall be submitted in accordance with the requirements ofSections 130 through 136. For all other deviations, the report sha1l be submitted in accordance with Subsection 322.08.c. unless the permit specifies another time frame. The reports shall describe the probable cause ofsuch deviations and any corrective actions orpreventative measures taken. (3-23-98)
(BREAKIN CONTINUITY

### OFSECTIONS)


# - 380. CHANGESTO TIERI OPERATING PERMITS. 01. Applicability. Sections 380 through 386.2.2. establish procedures and requirements for permit revisions and changes requiring notice. These provisions do not alter the requirements for permits to construct set forth at Sections 200 through**22~.8.. ~**  

### 02. Changes Requiring Permit Revisions. Sections 381 through 383 establish procedures and requirements for TierI operating permit revisions. A permit revision is required for changes that are not addressed or prohibited by the Tier I operating permit ifsuch changes are subject to any requirements under Title IV ofthe Clean Air Act or are modifications under any provision ofTitle I ofthe Clean AirAct. (4-5-00) 03. Changes Requiring Notice. Sections 384 and 385 establish procedures and requirements for providing notice by the permittee to the Department and EPA ofcertain emission trades and changes that contravene a permit term (Section 384), orcertain changes that are not addressed or prohibited by the permit (Section 385). (3-19-99) 04. Reopening. Section 386 establishes procedures for reopening the permit for cause by the Department, EPA, orthe permittee. (3-19-99) 

### OS. Acid Rain. Changes regulated under Title IV of the Clean Air Act, 42 U.S.C. Sections 7651 through 76510, shall be governedby regulations promulgated under Title IV ofthe Act. (3-19-99)
(BREAKIN CONTINUITY

### OFSECTIONS) 38jl. 399. (RIl8EllVEBj. 

# -
IDAHO ADMINISTRATIVE BULLETIN Page 197 September5, 2001- Vol. 01-9**.~\ i",,~**  f'; 

## r; t) J V _, \oJ' 

### 'v

# - DEPARTMENT

### OF ENVIRONMENTAL QUALITY DocketNo. 58-0101-0104 Rules for the Control of AirPollution in Idaho Proposed Rulemakfng**~m.** 

### REGISTRATION AND REGISTRATION FEES. The purpose of Sections §-1!:.§. 

### ill through 

### -B8

# m is to establish criteria for the registration ofemissions and the paymentoffees for Tier I permits. The fee structure is to provide flexibility and financial stability tothe Department program.**~ ~JD.**  

### APPLICABILITY. In any given year, Sections .£5 

### ill through 

### -B8

# m shall apply to all major facilities, as defined in Section 008. Facilities, sources and emissions exempt under Section 301 are not requiredto register orpay fees.**~ ~.**  

### REGISTRATION. Any person owning or operating a facility or source for which Sections.£5 

### ill through 

### -B8 

# m applies shall, by May I, 1993 and eachMay 1 thereafterregister with the Department and submitthe following:**~** 01. 

### Facility Information. The name, address, telephone number and location ofthe facility; (5-1-94) 02. 

### Owner/Operator Information. The name, address and telephone numbers of the owners and operators; (5-1-94) 

### 03. Facility Emission Units. The number and type ofemission units present at the facility or the Tier 

### I permit number for the facility; (3-19-99) 

### 04. Pollutant Registration. The emissions from the previous calendaryear, orothertwelve (12)month period requested by the registrant and approved by the Department for oxides of sulfur (SOx), oxides ofnitrogen (NOx), particulate matter and volatile organic compounds (VOC) based on one (1) or more ofthe following methods chosen by the registrant: (3-19-99)

a. Actual annual emissions; (3-19-99) b. An estimate of the actual annual emissions calculated using the unit's actual operating hours, production rates, in-place control equipment, and types of materials processed, stored, or combusted during the preceding calendaryear; (3-19-99)


### c. Allowable emissions basedon permit limitations. (3-19-99) 

### 05. Radionuclide Registration. The amount ofradionuclides from facilities regulated under 40 CFR Part 61, SubpartH, for which the registrant wishes to be registered to emitfrom each source in curiesperyear except that no amount in excess ofor less than an existing permit, consent order, orjudicial order will be allowed. (5-1-94) 

### 06. Regulated Air Pollutant Registration Fee. The registration fee set out in Subsection £.7.ill.06 shall be reviewed at least every two (2) years to assure the funds meet the presumptive minimum as defined by EPA. The annual registration fee set forth in Subsection £.7.ill.06.a. may be paid in two (2) installments as provided in Subsection**~.l23..01.** Fees for permit modifications or permit renewals in Subsection £.7..l82.06.b. shall be submitted with the application.**~** a. The TierI annual fee schedule shall be as follows: (3-30-01) 

### i. A fixed annual fee for Tier I major sources with regulated air pollutants listed in Subsection £7.l8..2.04 emissions as follows:**~** (1) Seven thousand (7,000) tons peryear and above shall pay fifty thousand dollars ($50,000); (3-30-01) (2) Four thousand five hundred (4,500) tons per year and above shall pay thirty thousand dollars ($30,000); (3-30-01) (3) Three thousand (3,000) tons peryear and above shall paytwenty thousand dollars ($20,000); (3-30-01)

. 

# - IDAHO ADMINISTRATIVE BULLETIN Page 198 September5, 200J

- Vol. 01-9

# - DEPARTMENT

### OF ENVIRONMENTAL QUALITY DocketNo. 58-0101-0104 Rules for the Control 

### ofAirPollution in Idaho Proposed Rulemaking
(4) One thousand (1,000) tons per year and above shall pay fifteen thousand dollars ($15,000); (3-30-01) (5) Five hundred (500) tons peryear and above shall pay seven thousand five hundred dollars ($7,500); (3-30-01) (6) Two hundred (200) tons peryear and above shall pay five thousand dollars ($5,000); and (3-30-01) (7) Less than two hundred (200) tons per year shall pay two thousand five hundred dollars ($2,500); plus (3-30-01) 

### H. Aper ton annual fee ofthirty dollars ($30) perton for all regulated air pollutant emissions for Tier

### I major sources listed in Subsection .§:il7Z.3..82.04 as follows:**~** (1) Greaterthan orequal tofour thousand five hundred(4,500) tons peryear not to exceed one hundred thousand dollars ($100,000); (3-30-01) (2) Greater than or equal to three thousand (3,000) but less than four thousand five hundred (4,500) tons peryear not to exceed fifty thousand dollars ($50,000); (3-30-0I) (3) Greater than orequal to one thousand (l,000) but less than three thousand (3,000) tons per year not to exceedtwenty five thousand dollars ($25,000); (3-30-01) (4) Greater than or equal to five hundred (500) but less than one thousand (1,000) tons per year not to exceed seventeen thousand five hundred dollars ($17,500); (3-30-01) (5) Greater than or equal to two hundred (200) but less than five hundred (500) tons per year not to exceed seven thousand five hundred dollars ($7,500); and (3-30-01) (6) Less than two hundred (200) tons per year not to exceed two thousand five hundred dollars ($2,500). (3-30-01) b. Sources requesting Section 300 permit modifications or renewals shall pay an additional fee. Fees shall be: (3-30-01) i. Permit renewal fee, ten thousand dollars ($10,000); (3-30-01) ii. Fees for minor permit modifications as provided in Section 383 shall be one thousand dollars ($1,000); and (3-30-01) iii. Fees for significant permit modifications as provided in Section 382 shall be five thousand dollars ($5,000). (3-30-01)
c. In the event the monies collected pursuant to Subsection**~.3..82.06** fail to meet the presumptive minimum established by 40 CFRPart 70, any shortfall shall be expended from the Idaho air quality pennitting fund as necessary inaccordance with Section 39-118D(2), Idaho Code.**~** 07. Radionuclide Registration Fee. A registration fee offive dollars percurie peryear ($5/curie/year) for facilities regulated under 40 CFRPart 61, Subpart H. Theregistration fee may 

### be paid in two (2) installments as provided in Subsection -B.?-J.2.l.0L**~** 

### .§.J8J2!l. REQUESTFORINFORMATION. Any additional information, plans, specifications, evidence or documents that the Department may require to make the determinations required under Sections §.M 

### ill through 

### -:H8 

### .l22 shall 

### be furnished on request.**~** i· " 

# - IDAHO ADMINISTRATIVE BULLETIN Page 199 September5, 2001

- Vol. 01-9

# -

..

# ­

.­ DEPARTMENT

### OFENVIRONMENTAL QUALITY Docket No. 58-0101-0104 Rules for the Control ofAirPollution in Idaho Proposed Rulemaking**~121.** REGISTRATION FEE. All facilities to which this Section -HO 

### ill applies shall pay to the Department an annual registration fee as required

. by Subsections :§.HZl82.06 and :§.HZl82.07. The Department shall determine the fee based on the information supplied by the registrant and the Department's analysis and engineering and technical practice. In the event ofa failure ofa facility to submit pertinent registration information, the Department may calculate the fee and shall assess the facility the fee and the costs of calculating the fee. The Department may employ private contractors to determine the registration fee.**~ ~ill.**  REGISTRATION BY THE DEPARTMENT. Upon receiving registration materials from a facility, the Department shall: (5-1-94) 01. Completeness Review. Review the material for accuracy and thoroughness; (5-1-94) 02. Additional Information. Require the facility to submit additional information, ifneeded; and (5-1-94) 03. Fee Assessment. Send to the registrant, by certified mail, an assessment ofthe fee and a receipt showing the amount ofpaymentreceived bythe Department. (5-1-94)**~m.** PAYMENT DUE. The registration fee shall be paid to and received by the Department: (5-1-94) 01. Annual Registration Payments. Payment byMay 1 ofeach year ofat leastfifty percent (50%) of the annual registration fee for the following twelve (12) months, the balance ofthe fee tobe paidbyAugust 

### 1. (5-1-94) 02. Amendments In Registrations Fees. Payment within forty-five (45) days of assessment or notification bythe Department. (5-1-94)**~l2.!.** EFFECT OFDELINQUENCY ONAPPLICATIONS. No permit to construct or operate, other than those issued at the discretion ofthe Director, shall be accepted for processing. processed. Of issued by the Department for any facility or to any person having fees delinquent in full or in part. (5-1-94) 

### .§:Ul2S.. APPEALS. Persons may file an appeal within thirty (30) days ofthe date the person received the assessment and receipt issued under Subsection**~m.03,** or within thirty 

### (30) days ofthe date the person received an assessment issued under Sections -HO 

### ill or .§-3-§ 

### l2.2, The appeal shall be filed in accordance with 

### the JtltthB Deptil'ffllettt

### fJ/,t{ul;lth and Weifa,-e Rttles, IDAPA 16.95.(B, "Rules GtJ'I>'fflring 

### CtJnteste<i Cme P1'8eeetiings andDeelaMt(;""Rttlings" 58.01.23

. "Rules ofAdrninistratiye Procedure Before

### the Board ofEnYITomuental Quality".**~ ~l2.6.**  AMENDING REGISTRATION. Registrations may 

### be subjectto amendment and additional or reduced fees: (5-1-94) 01. Department Or Owner Or Operator. By the Department, or at the request of the owner Of operator, should the Department determine that the emissions and fees do not accurately reflect the operation ofthe facility; or (5-1-94) 02. Board

## orEnvironmental Quality. ByActionofthe BoardofEnvironmental Quality. (5-1-94)**~m.** CHECKS SHOULD BE MADE OUT TO "DEPARTMENT OF ENVmONMENTAL QUALITY-AQ REGISTRATION FEE". All registration and fee materials should 

### be sentto: Air Quality Registration Fees Idaho Department ofEnvironmental Quality 1410 N. Hilton, Boise, Idaho 83706-1255 (5-1-94)

IDAHO ADMINISTRATIVE BULLETIN Page 200 September5, 2001

- VoL 01-9

# - DEPARTMENT

### OFENVIRONMENTAL QUALITY DocketNo. 58-0101-0104 Rules forthe Control

### ofAirPollution in Idaho ProposedRulemaking**~.** EXEMPTIONS. 01. Registration Fees. The following facilities or sources are exempt from paying registration fees under Sections 

### ill through 

### .§.38l22.:**~** a. Facilities and sources specified bythe Department, after public notice, as exempt from the payment ofregistration fees; and (5-1-94) b. Country grain elevators. (5-1-94) 02. Registering And Paying Fees. The following facilities or sources are exempt from registering and paying registration fees under Sections 

### ill through 

### .§.38l22:**~** a. Facilities and sources specifiedby the Department, afterpublic notice, as exempt from registration and the payment ofregistration fees; (3-19-99) b. Confined animal feeding operations; and (3-19-99)


### c. Insignificant activities identified in Subsection 317.01. (3-19-99) 03. Paying Fees. The following emissions are exempt from registering and paying registration fees under**Section~** 

### ill through 

### .§.38l22.:**~** a. Fugitive emissions from wood products. (3-7-95)L b. Fugitive dust emissions, except facilities listed in Subsections 008.l0.c.i. and 008.l0.c.ii. Facilities

. listed in that section shall not be required to pay fees for fugitive dust emission in excess ofone hundred (100) tons. 

# - (4-5-00)**~l22.** LUMP SUM PAYMENTS OF REGISTRATION FEES. 01. Agreement. The Department may, in its discretion, enter an agreement with any person for the lump sum payment ofall, orany portion of, the registration fees required by Section 

# m.**~** 02. Minimum Amount. The minimum amount for any lump sum agreement shall 

### be three hundred thousand dollars ($300,000). (5-1-94) 03. Payment Waiver. Upon the execution and full performance of the agreement by the person, the Department shall waive the payment requirements ofSection §N.

# m. All otherprovisions ofSection 

# m shall remain applicable to theperson.**~** 400. PROCEDURES AND REQUIREMENTS FORTIERII OPERATING PERMITS. The purpose ofSections 400 through 496.l.Q isto establish uniform procedures for the issuance of"Tier II Operating Permits".**~** 401. TIERII OPERATING PERMIT. 01. Optional Tier II Operating Permits. The owner or operator of any stationary source or facility which is not subject to (or wishes to accept limitations on the facility's potential to emit so as to not be subject to) Sections 300 through 38622 may apply to the Department for an operatingpermit to:**~** a. Authorize the use ofalternative emission limits (bubbles) pursuant to Section 440; (5-1-94) b. Authorize the use ofan emission offset pursuant to Sections 204 or 206; (5-1-94)
c. Authorize the use ofa potential to emit limitation, an emission reduction or netting transaction to 

# -. IDAHO ADMINISTRATIVE BULLETIN Page 201 SeptemberS, 2001- VoL 01-9

# - DEPARTMENT

### OFENVIRONMENTAL QUALITY Docket No. 58-0101-0104 Rules for the Control of AirPollution in Idaho Proposed Rulemaking exempt a facility ormodification from certain requirements for apermit to construct; (4-5-00) 

### d. Authorize the use of a potential to emit limitation to 

### exempt the facility from Tier I permitting requirements. (4-5-00)

e. 

### Bank an emission reduction creditpursuant to Section 461 ; (5-1-94) 02. Required Tier II Operating Permits. A Tier II 

### operating permit is required for any stationary sourceor facility which is not subject to Sections 300 through 3862.2 with apermit to construct which establishes any emission standard different from those in these rules.**~** 

### 03. Tier II OperatingPermits Required By 

### Tbe Department. The Director may require or revise a Tier II

### operatingpermit for any stationary source or facility whenever the Department determines that: (5-1-94)
a. Emission rate reductions are necessary to attain or maintain any ambient air quality standard or applicable prevention ofsignificant deterioration (PSD) increment; or (4-5-00) b. Specific emission standards, or requirements on operation or maintenance are necessary to ensure compliance with any applicable emission standard orrule. (5-1-94) 04. Multiple Tier II OperatingPermits. Subject to approval by EPA, the Director may issue one (1) ormore Tier II

### operating permits to a facility which allow any specific stationary source oremissionsunit within that facility a future compliance date ofup to three (3) years beyond the compliance date ofany provision ofthese rules, provided the Directorhas reasonable cause to believe such a future compliance date is warranted. (4-5-00) 402. APPLICATIONPROCEDURES. Application for a Tier II operating permit must be made using forms furnished by the Department, orby other means prescribed by the Department. The application shall be certified by the responsible official and shall be accompanied by all information necessary to perform any analysis ormake any determination required under Sections 400 through 406l.Q.**~** 

### 01. Required Information. Site information, plans, description, specifications, and drawings showing the design ofthe stationary source, facility, or modification, the nature and amount ofemissions (including secondary emissions), and the manner in which it will be operated and controlled. (5-1-94) 02. Additional Specific Information. (5-1-94)
a. For emission reduction credits, a description ofthe emission reduction credits proposed for use, including descriptions ofthe stationary sources or facilities providing the reductions, a description ofthe system of continuous emission control which providesthe emissionreduction credits, emission estimates, and otherinformation necessary to determine that the emission reductions satisfy the requirements for emission reduction credits (Section 460); and (4-5-00) b. For alternative emission limits (bubbles) or emission offsets, information on the air quality impacts ofthe traded emissions asnecessary to determine the change in ambient airquality that would occur. (5-1-94)
c. For restrictions on potential to emit, a description of the proposed potential to emit limitations including the proposed monitoring and recordkeeping requirements that will be used to verify compliance with the limitations. (4-5-00) 03. EstimatesOfAmbientConcentrations.All estimates ofambient concentrations shall be based on the applicable airquality models, data bases, and other requirements specified in 40 CFR 51 Appendix W (Guideline on Air Quality Models). (4-5-00)
a. Where an airquality model specified in the "Guideline on AirQuality Models" is inappropriate, the model may be modified or another model substituted, subject to written approval ofthe Administrator ofthe U.S. Environmental Protection Agency and public commentpursuant to Subsection404.0l.c. (4-5-00)

IDAHO ADMINISTRATIVE BULLETIN Page 101 September5, 2001- Vol. 01-9 

# . '

... ("\ .- 8

. 1 ••. 1._

..- ••i ••.",J' ,_: '\....

.

# - DEPARTMENTOFENVIRONMENTAL QUALITY DocketNo. 58-0101-0104 Rules for the Control

### ofAirPollution In Idaho ProposedRulemaking

b. Methods like those outlined in the U.S. Environmental Protection Agency's "Interim Procedures for Evaluating AirQualityModels (revised)" (1984) shouldbe used to determinethe comparability ofair quality models. (5-1-94) 04. Additional Information. Any additional information, plans, specifications, evidence ordocuments that the Department may require to make the determinations required under Sections 400 through 406.lQ shall be furnished upon request. f§-J--94)L-J.


### (BREAKIN CONnNUITYOFSECTIONS)
404. PROCEDURE FOR ISSUING PERMITS. 01. General Procedures. General procedures for Tier IIoperating permits. (5-1-94)

a. Within thirty (30) days afterreceiptofthe application for a Tier IIoperatingpermit, the Department shall determine whetherthe application is complete orwhether more information must be submitted and shall notify the applicant ofits findings in writing. (5-1-94) b. Within sixty (60) days after the application is determined to be complete the Department shall: (5-1-94) i. Notify the applicant in writing ofthe approval, conditional approval, ordenial ofthe application if an opportunity for public comment is not required pursuant to Subsection 404.0I.c. The Department shall set forth reasons for any denial; or (5-1-94) ii. Issue a proposed approval, proposedconditional approval, orproposeddenial. (5-1-94)
c. An opportunity for public comment shall be provided on an application for any Tier II operating permit pursuantto Subsection 401.01, any application which uses fluid modeling or a field study to establish a good engineeringpractice stackheight pursuant to Sections 510 through 516 and any other application which the Director determines an opportunity for public comment shouldbeprovided. (5-1-94) i. The Department's proposed action, together with the information submitted by the applicant and the Department's analysis ofthe information, shaH be made available to the public in at least one (I) location in the region in which the stationary source or facility is to be located. (5-1-94) 

### ii. The availability of such materials shall be made known by notice published in a newspaper of general circulation in the county(ies) inwhich the stationary source orfacility is to be located. (5-1-94) 

### iii. A copy of such notice shall be sent to the applicant and to appropriate federal, state and local agencies. (5-1-94) iv. There shall be a thirty (30) day period after initial publication for comment on the Department's proposed action, such comment to be made in writing to the Department. (5-1-94)
v. After consideration ofcomments and any additional information submitted during the comment period, and within forty-five (45) days after initial publication ofthe notice, unless the Director deemsthat additional time is required to evaluate comments and information received, the Department shan notify the applicant inwriting ofapproval, conditional approval, ordenial ofthe permit. TheDepartment shall set forth the reasons for any denial. (5-1-94) vi. All comments and additional information received during the comment period, together with the Department's final determination, shall be made available to the public at the same location as the preliminary


# - IDAHO ADMINISTRATIVE BULLETIN Page 203 September5, 2001

- VoL 01-9

### DEPARTMENTOFENVIRONMENTAL QUALITY Docket No. 58·0101·0104 Rules for the Control of AirPollution in Idaho Proposed Rulemaking determination. (5-1-94) d. A copy ofeachproposedand final pennit willbe sentto the U.S. Environmental Protection Agency. (4-5-00) 02. Specific Procedures. Procedures for Tier II operating permits required by the Department under Subsection 401.03. (5-1-94)
a. The Director shall send a notification to the proposed permittee byregistered mail ofhis intention to issue a Tier II operating permit for the facility concerned. The notification shall contain a copy ofthe proposed permit in draft form stating the proposed emission standards and any required action, with corresponding dates, which must be taken by the proposed permittee in orderto achieve ormaintain compliance with the proposed Tier II operating permit. (5-1-94) b. TheDepartment's proposed TierII operatingpermit shall be made available to the public in at least one (I) location in the region in which the facility is located. The availability ofsuch materials shall be made known by notice published in a newspaper ofgeneral circulation in the county(ies) in which the facility is located. A copy of such notice shall be sent to the applicant. There shall bea thirty (30) day period afterpublication for comment onthe Department's proposed Tier II operating permit. Such comment shall be made in writing to the Department. (5-1-94)

c. A public hearing will be scheduled to consider the standards and limitations contained in the proposed Tier II operating permit ifthe proposed permittee files a request therefor with the Department within ten (10) days ofreceipt ofthe notification, or ifthe Directordetermines that there is good cause to hold a hearing. (5-1-94) d. After consideration of comments and any additional information submitted during the comment period or at any public hearing, the Director shall render a final decision upon the proposed Tier II operating permit within thirty (30) days'ofthe close ofthe comment period orhearing. At this time the Director may adopt the entire 

# - TierII operatingpermit as originallyproposed orany partormodification thereof. (5-1-94)
e. All comments and additional information received during the comment period, together with the Department's fmal permit, shall be made available to the public atthe same location as the proposed TierII operating permit. (5-1-94) 03. Availability OfFluid Models And Field Studies. The Department will notify the public ofthe availability ofany fluid model or field study usedto establish a goodengineering practice stackheight andprovide an opportunity for a public hearing before issuing a permitor setting an emission standard based thereon. (5-1-94) 04. PermitRevision OrRenewal. The Directormay approve a revision ofany TierII operatingpermit or renewal ofany Tier II operating permit provided the stationary source or facility continues to meet all applicable requirements of Sections 400 through 

### .w6.lQ. Revised permits will be issued pursuant to procedures for issuing permits (Section 404), except that the requirements ofSubsection 404.01.c. shall only apply ifthe permit revision results in an increase in allowable emissions or ifdeemed appropriate by the Director. Renewed Tier II operating permits will be issued pursuant to procedures for issuing permits (Section 404),except that the requirements of Subsections404.01.c., and404.02.b. through 404.02.e. shall only apply ifthe permitrevision results in an increase in allowable emissions or ifdeemed appropriate by the Director. The expiration ofa permit will not affect the operation of a stationary source or a facility during the administrative procedure period associated with the permit renewal process.**~** 

### (BREAKIN CONTINUITYOFSECTIONS)**~** 

### TIERII OPERATINGPERMIT PROCESSING FEE. 

### JlL. TIerU QperatiPIl Peon

### itProcessiPIlFee. A TierII QPerating Penni!processing fee. calculatedby

IDAHO ADMINISTRATIVE BULLETIN Page204 September S, 2001

- Vol. 01-9

# - DEPARTMENT

### OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0104 Rules for the Control

### ofAirPollution in Idaho Proposed Rulemaking the Department pursuant to the categories provided in the following table. shaH be paid to the Department by the person receiving a Tier II permit orpermit renewal.

General permit. no facility specific requirements Statjonary sources orfacilities with permitted emissions of less than one (1l ton per year Stationary sources or facilities with Dermjtted emissions 

### of one (1) to less than ten (10) tons per year Stationary sources orfacilities with permitted emissions often (10) to less than one hundred (100) tons per year Stationary sources or facilities with permitted emissions ofone hundred (100) tons or more Der year $10.000 Synthetic minor stationary sources with permitted emissions below a majorthreshold leyel $10,000



### .Dl.. Tier IIOperatinePermitProcessineFeeNot Required. Solong as no otherreview or analysis is req,uired, the TIer II QJlerating permitprocessing fee is not required tobe submitted when: 

## L-1
.ib Permit to construct is rolled into a Tier II permit: 

# -, A change to correct typographical errors is reQuested: .!<... A change in the name ofthe holder ofa Tier II openiting permit is reQllested: Qr 

### .d.. A synthetic minor pennit is issued and the Department's processing costs can 

### be charged apinst fees collected from the person receiving the pennitunder Title 

### V of

### the federal Clean Air Act amendments of 1990. The fee calculation shall not include fugitive emissions. 

## L-1**~** PAYMENT OFTIER IIOPERATING PERMITPROCESSING FEE. 

### J!L Fee Submittal. The Tier II QJlerating pennit processing fee shall be payable upon receipt of an assessment sent. along with the final pennit orpennitrenewal. to the person receiving a permit orpennitrenewal by the Department. The Tjer II operating pennit fee shouldbe sentto: Air Quality Tier II Fees Fiscal Office Idaho DepartmentofEnyironmental Quality 1410N. 

### Hi1ton, Boise. ID 83706-1255 

### .Dl.. Delinquepcy. Failure to submit a TierII Qperatinl:penni!processinl: fee within forty-five (45) days ofreceipt ofan assessment by the Department will result in a monthly accrual ofinterest in the amount 

### oftwelve percent (12%) perannum onthe outstandingbalance until the fee is paid in full. 

## L-1**~** RECEIPT AND USAGE OFFEES. 

### Tier II QJlerating permitprocessing fee and delinquency interestreceipts shall be deposited by the Departmentjnto a stationary source permit account. Monies from this account shall be used toward technical. leliill and administrative support ofthe Department's air Quality stationary source pennit program except for those activities supported by the fund created for implementing the QJlerating pennit program required under Title 

### V ofthe federal Clean Air Act amendments of 199Q. The Departmentwill review the Tier II fee schedule at least 

### every two (2) years. 

## L-1 

# - IDAHO ADMINISTRATIVE BULLETIN Page205 September 5, 2001

- VoL 01-9DEPARTMENT

### OF ENVIRONMENTAL QUALITY 

### Docket No. 58-0101-0104 Rules for the ControlofAirPollution in Idaho Proposed Rulemaking 

### W!.. APPEALS. A person may be able to file an appeal within thirty (30) days ofthe date the person receives an assessment under Section 407. 

### in accordance with IDAPA 58,01.23, "Rules of Administrative Procedure Before the Board of Environmental Quality". 

## L-.1 4Mll.

- 439. (RESERVED). (BREAK IN CONTINUITY

### OF SECTIONS)**~** :Y;RM

.. 7,fP

.. Qj,lCfTI9NFEE8YfHl: TIER

.... lPERMIT8. 

### AIrypel'S61ftippl";'ltg

## fo,. (J 

### Tiel" HpermitsltsllPfJ)' (Jpt?1't,tit 

### 6.ppliCflti6nfee of jive hundred dfJlltrrs ($5()O)far ctlch PeI.",;t 1'CfJUCSteti 61'

### tl17,endeti. (3 7 95)£ 47l!1,.

- 499. (RESERVED). (BREAKIN CONTINUITY

### OF SECTIONS)


## sn. SJ4. (lfE8ERVEIJ). SECTIONS 525 mROUGH 528 HAVE BEENRENUMBERED TO SECTIONS 387THROUGH 391 

### SJ.9:. (R:E8ER VEB). SECTIONS 530 THROUGH 538 HAVE BEEN RENUMBERED TO SECTIONS 392 THROUGH 399 

## 5:;911.

- 549. (RESERVED).
(BREAK IN CONTINUITY

### OF SECTIONS) 

### .800... REGISTRATION FEEFORPERMIT BY RULE. 

### A registration fee oftwo hundred fifty dollars ($250) shall be submitted to the Department with each permit by rule registration. 

## L-.1 1O.L. PAYMENT OFFEESFORPERMITS BY RULE REGISTRATION. The pennitbyruleregistration fee shall bepaid inits entirely 

### at the time the requiredregistration form is submittedto the Department. The permitbyruleregistration foan and fee shouldbe 

### sent to: Pennitby Rule Registration Fees Fiscal Office Idaho DepartmentofEnvironmental Qyality 1410N, Hilton, Boise, ID 83706-1255 

# .m... RECEIPT AND USAGE OFFEES. Pennit

### byrule registration fee receipts shall be depositedby the Department into a stationary source permit account. Monies from this account shall be used 

### toward tecbnical, legal and administrative support ofthe Department's air quality stationruy SQurce permit program except for those activities supported by the fund created for implementinK the operatinKpermitprogram reQ,llired under Title V oftbe federal Clean AirAct amendments of 1990. Fees payable under Section 8001 shallberetainedbytheDepartmentrer:ardless ofwhethera permitbyruleregistration is accepted bythe Department in response to a rer:istration request. 

## L-.1 809,l.
-- 804. (RESERVED).



# - IDAHO ADMINISTRATIVE BULLETIN Page 206 SeptemberS, 2001- Vol. 01-9

"\**~,"":** ro. I'l**~i !~II**  

### -J D**~**

# -,

# Bulletin Summary of Proposed Rulemakings

PUBLIC NOTICE OFINTENT TO PROPOSE ORPROMULGATE NEW ORCHANGED AGENCY RULES The following agencies ofthe state ofIdaho have published the complete text and all related, pertinent information concerning their intent to change ormake the following rules in the new issue ofthe state Administrative Bulletin.
IDAPA 02

- DEPARTMENT OFAGRICULTURE P.O. Box 790,Boise, Idaho 83701-0790 DocketNo. 02-0214-0101, Rules for Weights andMeasures. Eliminates the retroactive requirement for ticket printers for vehicle mounted metering systems; deletes obsolete language referencing National Bureau of Standards; adds date specific editions ofNational Institute ofStandards and Technology Handbooks, HB 44 and HB 133 as adopted byreference; deletes obsolete references; adds a website address for reference documents. CommentBy: 9/28/01. IDAPA 09

- DEPARTMENT OFLABOR 317 W. Main Street,Boise, ID 83735 Docket No. 09-0130-0101, Rules ofthe Benefits Bureau. For benefit eligibility purposes, clarifies that a suspension for an "indefiniteperiod oftime" will be defined as a discharge. Comment By: 9/27/0I. DocketNo. 09-0130-0102, Rules ofthe Benefits Bureau. Clarifiesthat a claimant suspensed with or without payfora specific number ofdays is not considered unemployed when given a date to retumto work. Comment By: 9/27/0I. 

# - DocketNo. 09-0130-0103, Rules ofthe BenefitsBureau. Adds categories ofinformation that a claimantmustprovide to the Department as a condition of eligibility for benefits, including a record of a claimant's work search, if requested, once a claim has been established. Comment By: 9/27/01. Docket No. 09-0130-0104, Rules ofthe Benefits Bureau. Changes conform to statutory changes by deleting penalty for employers who fail to provide separation information within 10 days ofthe Department's request. Comment By: 9127/01. Docket No. 09-0130-0105, Rules ofthe Benefits Bureau. Adds additional types ofwork-seeking activities that a claimant may beexpectedto do to complywith requirements for eligibility for benefits. CommentBy: 9/27/01. Docket No. 09-0135-0101, Rules ofthe Employer Accounts Bureau. Adds definition ofdomestic labor consistent with that used by the Internal Revenue Service and defines what remuneration constitutes non-cash payments for farm work. Comment By: 9/27/01. DocketNo. 09-0135-0102, Rules ofthe EmployerAccounts Bureau. Clarifies that an employer is given appeal rights in all cases involving requests for transfer ofexperience rates; clarifies that when an employer sells a business to another employer, the buyermay use the taxable wage base ofthe sellerfor calculating a taxablewage base only ifthe experience rate ofthe seller has been transferred to the buyer. CommentBy: 9/27/01. Docket No. 09-0135-0103, Rules ofthe Employer Accounts Bureau. Clarifies which quarter that back wages will 

### be assigned for calculatingunemploymentbenefits and which calendar quarters to assign back wages to determine when employment security contributions on those wages are due and payable. Comment By: 9/27/01. DocketNo. 09-0140-0101, Rules ofthe Job TrainingPartnership Act. Repeal ofchapter. Comment By: 9/27/01.
IDAPA 10

- BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS ,- 600 S. Orchard, Suite A, Boise,Idaho 83705-1242
IDAHO ADMINISTRATIVE BULLETIN Page 226 September5, 2001

- VoL 01-9IDAHO ADMINISTRATIVE BULLETIN 

### Summaryof 

### Proposed Rulemakings

Docket No. 10-0101-0101, Rules ofProcedure. Candidates who fail to pass an examination will not be allowed to review exam questions if those questions will be repeated on later exams; more closely aligns the academic requirements for equivalency with an accredited engineering program for those not holding an engineering degree; eliminates references to "corporation" where "business entity" is more appropriate. Comment By: 

### 9126/01. Docket No. 10-0102-0101, Rules ofProfessional Responsibility. Substitutes "business entity" for "corporation" as used in statute. Comment By: 

### 9/26/01.
IDAPA 14

- BOARD OF REGISTRATION OFPROFESSIONAL GEOLOGISTS P. O. Box 83720,Boise, ID 83720-0033 Docket No. 14-0101-0101, Rules ofProcedure ofthe Board ofProfessional Geologists. Sets fees for examination, certification, reexamination, and replacement ofcost certificates, as required by the Association of State Boards of Geology, as part of the registration requirement; addresses examination-related administrative issues; creates a reduced renewal rate for licensees 70 or older. Comment By: 

### 9/27/01.
IDAPA 16

- DEPARTMENT OF HEALTH AND WELFARE PO Box 83720, Boise, ID 83720-0036 DocketNo. 16-0304-0102, Rules Governing the Food Stamp Program in Idaho. Revises requirements for application processing, alien income and eligibility, income determinations. resource determinations, claims management, and work criteria for single adults and families receiving Food Stamps. Comment By: 

### 9/26/01. Docket No. 16-0309-0106, Rules Governing the Medical Assistance Program. Updates dental procedure codes in the Idaho Medicaid Provider Handbook to reflect the 2001 American Dental Association codes and re-incorporates Handbook into the rules 

### to comply with SB 1301; clarifies billing for pulp vitality tests, behavior management, and consultations; and adds limitations on panoramic x-rays. Comment By: 

### 9/26/01.
IDAPA 35

- IDAHO STATE TAX COMMISSION 800 Park, Plaza IV, P.O. Box 36,Boise, ID 83722 Docket No. 35-0102-0101, Sales and Use Tax Administrative Rules. Corrects references made to deleted rules and updates them tothe correct section; deletes obsolete language referring to ISTC rules and makes them consistent with the terminology now used to reference rules; revises Form ST-IOSBT. Comment By: 

### 9/26/01. Docket No. 35-0105-0101, MotorFuels Tax Administrative Rules. Clarifies the terminology ofundyed diesel fuel to be consistent industry usage; clarifies how claims for refunds should be made; conforms to statutory changes for temporary permits with extended time limits by deleting the hourly time limit and calling it a temporary permit; deletes weight requirement for vehicles and clarifies documentation needed to claim refunds; updates language to IFTA licensees; and deletes obsolete language andupdates terminology. CommentBy: 

### 9/26/0 I. Docket No. 35-0109-0101, Idaho County Option Kitchen and Table Wine Tax Administrative Rules. Changes references to the Director ofLaw Enforcement to the Director ofthe Idaho State Police. Comment By: 

### 9/26/0 I. Docket No. 35-0112-0101, Idaho Beer Tax Administrative Rules. Changes references to the Director of Law Enforcement to the Director ofthe Idaho State Police. Comment By: 

### 9/26/01.
IDAPA 58

- DEPARTMENT OF ENVIRONMENTAL QUALITY 1410 N. Hilton, Boise, Idaho 83706-1255 Docket No. 58-0101-0104, Rules for the Control ofAir Pollution in Idaho. Changes propose to adopt 

### a permit to construct application fee, processing fee schedules for calculating permit to construct and Tier IT operating permit processing fees, and a registration fee for owners of qualified facilities opting to register with DEQ in lieu of obtaining an individual permit, and makes corrections to references within the rule chapter. Comment By: 

### 10/910I. Docket No. 58-0105-0101, Rules and Standards for Hazardous Waste. Updates incorporated rules to be consistent with revisions to the federal RCRA regulations as of July 1, 2001; revised definition of Environmental Appeals 

# -,

IDAHO ADMINISTRATIVE BULLETIN Page 227 September 5, 2001

- Vol. 01-9IDAHO ADMINISTRATIVE BULLETIN 

### Summary ofProposedRulemaklngs
Board; makes technical corrections; eliminates court vacated language; denotes meaning of "EPA" and "Administrator" or "Regional Administrator". Comment By: 9/26/01. DocketNo. 58-0116-0101, Rules for Nutrient Management. Repeal ofchapter. Comment By: 9/26/0I.
PUBLIC HEARINGS

- Public Hearings Have Been Scheduled ForThe Following Dockets: Department ofHealth and Welfare DocketNo. 16-0309-0103, (Temporary Rulemaking) Rules Governing the Medical Assistance Program. Department ofEnvironmental Quality Docket No. 58.0101-0104, Rules for the Control ofAir Pollution in Idaho. Comment By: 10/9/01. DocketNo. 58·0106-0101, SolidWaste Management Rules. CommentBy: 9114/01.
Please refer to the Idaho Administrative Bulletin, September 5, 2001, Volume 01-9 for notices and text of all rulemakings, public hearing schedules, Governor's executive orders, and agency contact names. Citizens ofyour county can view all issues ofthe Idaho Administrative Bulletin atthe county law libraries. Copies of the Administrative Bulletin and other rules publications are available for purchase. For subscription information and ordering call (208) 332-1820 or write the Office of Administrative Rules, Department of Administration, 650 W. State St., Room 100, Boise,Idaho 83720. Visa andMastercard accepted. The Idaho Administrative Bulletin and Administrative Code are available on-line at: http://www2.state.id.usladml adminrulesl

IDAHO ADMINISTRATIVE BULLETIN Page 228 September5, 2001

- Vol. 01-9

# - PUBLIC NOTICE 

## OF INTENT

. ',. 

# I To 

### Propose OrPromulgate New OrChangedAgencyRules' The following agencies ofthe stateof Idaho have publl8hedthecomplete

# text

and all related, pertinent Information concemlngtheir Intentto change or make thefollo\'ylng rules In the 

### new Issue ofthe stateAdministrative Bulletin. ,

IDo\PA 02 • DEPARTMENT OF AGFllCULTURE p.o. BCII< 790, BoIse,ID83701-07lI0 IDAPA 18
- DEPT OF HEALTH AND WELFARE Docket No. 02-021

.... 1.1 • Rules for Weights and Memues. PO Bax 83720,BoIse. ID 831;ZO'OO36 Eliminate. the ",lrOIl<tive requirement for ticket printers for Docket No. 16-e04-0112 • Rule. Governing the FoOd ""hiele mounted metering .ystems; deletes

__ language SlIIIIlp Program in Idaho. Revises requirements

.foe appli­ ",C...,ooing NotiomoJ Bureau oC Standards; adds date specific c8J:ion processing; ··aIlen income and e1ipbility, iDA:ome edition. of National Institute of Standards and Techoology ·det.enniostiono. resource doIerminstions, claims mansp. Handbooks, HB44 and HB 133

.. adopted by",f...,nce; deletes ment, and work crim:ia foe single adults and families

__ references; odds a website addre.. for reference _eiving Food Stamps. Copunent By: 9126101. documenlS. Comment By: 9128101.

. Docket,No. 1...,.,..186 •Rules Governing the Medical Assistance ProiJ:ath. Updo1es dental procedore codes in IDlPA 01- DEPARTMENT OF LABOR the Idaho Medi<:.aId Provi

.... Handbook to reflect the 2001 317W. Meln S1Net, BoIse,ID 8373Ii

.Americon DoiltaI Associlllcin codes and ""inc:orpora/J'S Docket No. 09"1311-01111 •Rules of the BenefIts Bun:au. For Handbook into the rules to comply with SB 1301; clarifies benelit eliglbility purpose', clarifies !hat a suspension for an blllillg foe palp vitality !ellis. bebsvior man.g......t, and "indefinite period of time" will be defined as a discharge. comuII8IiOas: and adds Iimil8tioos on paoonunIc Hays. Comment By: 9127101. Comment By: 9/26/01.

Docket No. 09-01311-0112 •Rules ofthe Benefits B

....... Clari­ fies that 8 claimant suspensed with or without psy for a specific JDAPi. 35 -IDAHO STATE TAX COMMISSION Durnbel' of deys Is not considered unemployed wbeo giveD • aao PMf, """"IV, .p.o. BCII< "BoIse,ID 83722,

. dete to retwl1 to WOJ\. COJ1IJIletIt By: 9/27101. Docket No.·35-Ol0l-tl01 .SaleS and U

.. Tax Administrative Rules. Correcta n:f_ made to deleted rules ODd ,Docket No. 09-0130

..103 •Rules ofthe Benefits B""""u. Adds updo1es !berD t61be

_ aeetion: deleteS obsolete categOries ofinfonnotion !hat a claimant must provide to the language referriDfI to JSTC rules and makes !berD COD,i.­ Department as. condition ofelipbility for beuefits, includinS

_ with tile ,terminology now used to ref_ rules:' a record ofa claimant'& work search. ifrequested, 0ftCe a claim revises Form ST·l(J8BT. Comment By: 9/26/01. has been established. Comment By: 9/27101. Docket No. 35

..105

.. 101 •Motor Fuel. Tax Administra­

Docket No. 09-0130-0104 • Rule. of tbe Beo.fits Burea•. tive Rules. Clarifie. the lmDiDoIogy ofundyed dlesol fuel Changes conform to statutory changes: by deleting penalty to be consistent wilb Industry u.age; clarities bow claims for employers who fan to provide separation infonnation for ",fuods sbouId be made: conforms to st&IUlOry, cbanses within 10 day. of tbe DepanmenC. reque.t. Comment By: for tetnpoI'lIly permits wilb extended time limits by delet­ 9127101. ing !be hourly time limit and calling it."'1DpOI'SI')' permit:

Docket No. 09-01311-01OS ,Rules ofthe Benefits Bureau. Adds del.... weIgbt requiromcnt forvehicles and clarifies docu­ additional types ofwork-seeking activities that a claimant may 

# _00 oeeded to "'aim refunds: updstes language to be expected to do to comply wilb requirements for eligibility fFTA Iicen

.... :aad de_ oboo.... lonSllage and up­ foe benefits. Comment By: 9Il7101. iIotos terminology. Con!moI:!I By: 9/26/0I.

Docket No. 09-0135·0101 • Rules of the Employer Accounts Docket No. 35-8109-41101 ; Idsbo County Option Kitehen B

.....u. Adds definition ofdomestic I.bor consistent with Ib.t '!ftd 'Iloble Wi

... Tax Administrative Rules. CItaIlg

.. 'refer­ used by !be IRS and defines wh.t remuneratim constitotes

...... to the DiRoCtor ofLaW Enforcemont to the Dim:tor oon-<:ash payments for fann work. Comment By: 9127101. oftho Idaho StaIlI PoLice. /::ommeat By: 9126101

.

Docket No. 09-0135-41112 • Rules of the Employer Accounts

. Docket No. 354itule1

. Idaho B..rTax Admlnlstra­ B."".... Clarifies that an employer i. given appeal rights ill all live Rules.' CboiijjieI 

# re"""" \0 the DirectOr of LaW cues involving requests for transfer of experience rates; Enforcement to the of !be Idaho State Po1k:e. clarlfies that when an employer sells 8 business to another' CommenI 8y:912&'&1. ' .

. employer. the buyer m.yu.. the tax.ble wage b

... ofthe .0Uer for calculating • tax.ble wage base OIIly ifthe experi­ IDAI'IlU·DEPT.**·.OF~AL** 

### QUALITY
ence r.te of the seller b.. beeu transfetTOd to the buyer.
.1410H.HIIIon;8oIM,1I&mJ&.12115 Comment By: 9127101. ' Docket No.'

... Rul.. for die Cori1n>l of Air

. Pollution in I ..,. to adopt • permit ,to Docket No. 09

.. 135-41103 • Rules of !be Bmployer A_ts

_ gf

.. icbeduIes for Bure.u. Clarities which quarter 1b.1 back wages will be assisned forcolcul.ting unemployment' _ts aad which calen­ Clkulatiog '" 1:ier llojlei1lling per-. der quarters to assilll back wages to detenuIne wbeo employ­ iDil and. regis.on mfor owneriI of ment security coruributioDs ontbo.. wages
..... due aad pay­ qualified "'8iIiIor with DBQin lieu of able. Comment By: 9127101. abtaiDins I Himit.

.... makes 10**rvIIt~** .'Cotlim<iot By: 10l9I01_

Docket No. 09-41140-01111 ,Rules oftile Job TrainillJl PatItm­ 

### .•iiRules and Stan<iam. for Hu­ &bip Aet. Repeal ofch&ptei:. Commetu By: 9/27101.

, . ......... .'

.**~ted** rilIes·li>.be 

### coaalaIDo\PA 10.EIoIInI of**~** \lint 1!iO'tedOraJiI.cRA,.IIttoo.M of**&I'IIlfeIeIonIIIUnd~** July 1.2001;

.**~tiol\** of BnvironmentalApaao

## s.............. 8u111t..

......... ID

## 83705-,..... 

# ....1. 8oanI;.makes

- eliminala ' corrections; Docket No.**luiOi-OiOl.R"'~. c:..~**  court _ted lli!8m!

.**""' aDl",.of.'~BPAM.nd**  who fail In pass an exlllllinatioa will IlOl be allowed 1O.1OOView·

.**~tnitor""** 'iIr >oj**A<Imi.i.tra~.** . (:o

__t . .,.am questions if

. will be repeatalon 10"" :By:9t.16101. exams; more closely req_ for·' Doc

.... ·No. "'ItMtIt• RuleS foe I'lll!rleat

-

### MaDaseequivalency with an . enai-lng prosramfor

_ IIleItt. 1l.epeaJ ofdIIIptcr. Commeot By:9/26/01, DOl bolding an ..gineering degree; eliminates ref.......,.. 10 "corpondioo" wbeTe "busInes. entity" is more appropriate. ,. PUBLlc:HEARINGS-Public HeaiiDp Ha

.. Been Sobed·. Comment By: 11126101. uIed For The PoUowir!s DoCkets: '.

.

Doc

.... No. 1D.e10l-t181 ,Rules ofProfessional Responsibil­ DepartmenI offIeIIIIh.endWelfare

. . ity. Subol!tutes "business

. entity" for "corporation"

.. uaed in Dockd No. lW31J..Olt3.fI\!mpOnIY .• ltulemattnsl

- IllaIUtll. Comment By: 9/26/0\. OovemiOS the Medical AIiUm...**~** oi EnwInInrnenIIII QualIty Docket No. -.0101

..104. ,Rules foe the CoIitroI of Air IDlPA 14·EIoIInI ofAegiatnItIan of 0e0I0gI8ts I'OIIution inldabo.COmmerltBy: 1019/01. , ' P. 0. BCII< 113720, BoIse, ID II37.2OoG033 Docket No. 1

....101·0181 •Rules ofProcedon: of!be Board of Docket No. 58-110604101 •Solid WUte Mansgeinent Rules. ProfessiomoJ Geologists. Sets f_ for examination. certifica­ CommelIt By: 9/IWI. tion. reexaminalioD. and replacement of COOl certificates. as requinod by the Association ofState Boards ofGeology.

.. part Fl

.... refer to the Jdaho Admiriistn\ive Bulletin. Sepofthe n:&isttation require

.......: addn:aaes examination-related --, s, 288l,VeIumio 01·9 for notices aad text ,ofall administrative issue8; creates a reduced l'eMWaJ rate for lic- ndemaJtin.p. pubUchoatlJl,1 achedules. OoYCmor'. ex­

...... 70 or older. Comment By: 9/27101.

. ecmive orders,·.aad

_ nam... . CHizens ofyourcountycan viewall

## Issues ofthe Idaho

### Administrative Bulletinat

### the

## county law libraries. CopIes01theAdministrative Bulletinandotherrulespublications are

### avdabIetOtpurchalle. ForSubscrtptlan Information and ordering call (208) 332-1820 orwrite the 011108 of Admlnlstl'allw Rules. Dej)ai'fnlerit**~,** Administration, 650'W-Statest; Room 100.BoI8e, IdIIho83720. VIaI\'jInd M8stl:'reardaccept,rd: The Idaho

### Ad~inlstratlve Bulletin and

### Adnil~ are

### ~Bbleon-Ilne at: hftp:llwww2.atate.ld.Ulllilldmlildmlnru""

# -.

### PUBLIC COMMENTS 

# - Rules for the Control ofAir Pollution in Idaho Docket Number 58-0101-0104 Deadline for Comment: October 9, 2001
Submitted By Date Received Page No. Caralee Lambert Legislative Services State Capitol Boise, 

### 10 83720-0054 

### 8/3/01 8/20/01 000001
- 000002 Corky Witherwax Interstate Concrete and Asphalt 845 W. Kathleen Ave. Coeur d'Alene, 

### 10 83815 

### 10/9/01 000003­ 000004 Transcript of public hearing held in Boise on 

### 10/9/01 (letter received from Richard Rush, IACI, attached as exhibit) 000005­ 000023


## II 

## II

# Legislative Services Office



# - IdahoState Legislature MEMORANDuM 

# RECEI\lED Carl. F. Bianchi State Capitol Director 

# A.UG 0 3 2001 P.o. Box 83720 Boise, ID 83720-0054 

### DATE: July 30, 2001 

### DEQ Hearings**coortRW~2475:** Fax

### 33~-2l25 

# . {)tV DOCKET NO. w. state.ld.us/leglslat 

### FROM: Caralee Lambert, SeniorLegal Analyst TO: Subcommittees for Administrative Rules Review ofthe Senate Health and Welfare Committee and the House Environmental Affairs Committee

.SUBJECT: Rules ofthe Department ofEnvironmental Quality

- IDAPA 58.01.05 and 58.01.01

The Department ofEnvironmental Quality (DEQ) has proposed amending the current rules relating to applicable standards for hazardous waste management and disposal. As required by section 39­ 

### 4404, Idaho Code, the proposed rules align Idaho's standards with the federal regulations implementing the Resource Conservation and Recovery Act (RCRA). In addition to these changes, theproposed rules

_ also make a numberoftechnical corrections and provide references to U.S. Ecology Idaho, Inc.**(foU(l~ing** 

### --_ the merger ofEnvirosafe Services ofIdaho, Inc. with American Ecology). The rules, as proposed, appear to beconsistent withthe rulemaking authority ofthe agency under Sections 39-4404 and 39-4405, 

### Idaho Code. DEQ has also proposed amendments to current airpollution rules. Specifically, the proposedrules would impose a new "permit to construct application fee" of$I,OOO, and "permit to construct processing" and "Tier II operating permit processing" fees ranging from $250 to $10,000. The amount ofthe processing fees would be determined based upon the level ofemissions produced. The proposed rules would also impose a "permitbyrule" registration fee of$250. According to DEQ, the funds received from the new and revised fees would betterenable the agency to administer theincreased number ofair quality permit applications that DEQ receives. The fee receipts would be deposited into a "stationary source permit account" which, DEQ has advised, would be a separate account within DEQ's general fund and would notbe intermingled with the Idaho Air Quality Permitting Fund, as set forth in Section 39-118D, 

### Idaho Code. The proposedrules appearto be consistent with the agency's rulemaking authority under Sections 39-105,39-107,39-115 and 39-119,

### Idaho Code.

cc: Paula J. Gradwohl Environmental Quality Section Attorney General's Office CAL/jcw

# t~j:;;!lL/ 

# ­ Mike Nugent, Supervisor Jeffyou,,!Supervisor Larry Kirk, Supervisor Glenn Harris, Supervisor

Research & Legislation Budget & Policy Analysis Legislative Audits Network Administration mnugent@lso.state.id.us jyoutz@lso.state.id.us lkirk@lso.state.id.us gharris@lso.state.id.us

# Legislative Services Office Idaho State Legislature 

# -

Carl. 

### F. Bianchi 

### August 17, 2001 State Capitol Director P.O. Box 83720 Boise, ID 83720-0054 208/334-2475; Fax 334-2125 

# R E eElVED www.state.id.usllegislat 

### Paula Gradwohl Environmental Quality Section 

# AUG 2 0 2001 Attorney General's Office 1410 N Hilton 

### DEQ Hearings Coordinator DOCKET NO.

_____ Boise, ID 83706-1255 Dear Ms. Gradwohl: The Senate and House Subcommittees for review of administrative rules have reviewed the proposed changes to the Department of Environmental Quality rules: IDAPA 58.01.01 Control of Air Pollution



# - No meeting will be held, and we are pleased to report that no objections will be filed. Sincerely,

Caralee A. Lambert Senior Legislative Analyst Research and Legislation CAL/tgh

Mike Nugent, Supervisor JeffYoutz, Supervisor 

### Larry Kirk, Supervisor Glenn Harris, Supervisor

Research & Legislation Budget & Policy Analysis Legislative Audits Network Administration mnugent@lso.state.id.us jyoutz@lso.state.id.us lkirk@lso.state.id.us gharris@lso.state.id.us

# INTERSTATE

CONCRETE & 

### ASPHALT

Paula 

### J. Gradwohl 

# RECEIVED Environmental Quality Section Attorney Generals Office 

# nCT 0**~** 

# 2001 1410 N. Hilton Boise, ID 83706-1255 

### OEQ Hearings Coordinator (208)373-0418/Fax (208)373-0481



### _________**~OCKETNO.** pgradwoh@deq.state.id.us Subject: Docket No. 58-0101-0104 Notice of Proposed Rule The first thing that seems odd is that the fee schedule is primarily directed at stationary sources and it seems that there would be equal or more time spent on keeping track of and permitting portable plants. Portables are often shifted about the State and can end up in attainment and non-attainment areas. While looking at the total picture it appears as though the playing field is not equal in terms of costs incurred by stationary and portable plants. If there is a fee structure put into place, it should be kept in mind that portable plant operators are bidding projects against stationary plants on a daily basis. We own both stationary and portable plants. We would expect to pay the same fees on both based upon emissions data. We also would understand some type of reasonable processing fee that would be charged when filing a Relocation Form with DEQ. Below are a few questions that come to mind. Sec. 225 Say we were to seek a change in fuel for our plant as we have just completed. We would have to apply for a PTe costing $1,000.00 because ours was an old permit written in the old form. Then we would have to pay the process fee of $5,000.00. Now ifyou add both ofthese to the $4,000.00 that we had to pay to a private engineering firm because the State could not handle the permit load we would end up with a whooping $10,000.00 outlay just to be able to burn a different fuel to help conserve natural gas. Now to look at the other side ofthe story if the State were to use the process fee of $5,000.00 in the form of doing the necessary engineering and were able to complete it in a timely fashion, then it would take some ofthe bite out ofthe process fee. If this is not used for permit engineering then what is the justification of such a large fee? Also under this same section there is a General Permit fee of $500.00 and then a New Source fee of $1,000.00

. What is the difference since the New Source fee covers a source that emits less that 1 ton per year? Is the General Permit required for a facility that emits 0 emissions? Sec. 226 This section says that the processing fee is payable upon receipt of an assessment. At what point in the process does this assessment occur? Is the PTe issued at the time of payment? See Sec. 408.01 Sec. 407 Is there a $1,000.00 application fee for the Tier II Operating Permit? As in the PTe processing fee category schedule, there is a General Permit fee and again a Stationary Source or Facility with permitted emissions of less than 1 ton per year. Again what separates or defines the difference? In the Tier II processing fee chart does it mean that if a company were to add a silo it would be 

# - charged a processing fee of $5,000.00 if its permitted emissions fall between 10 

### & 100 tons per year? Ifso it could be conceivable that a company could be taxed $10,000.00 in one year ifthere

845 W. Kathleen Avenue 

### + Coeur d'Alene, Idaho 83815 

### + (208) 765-1144 

### + Fax (208) 765-3773

# - was a permit modification and renewal fell in the same year. Summarization: It seems as though the pendulum is swinging from one extreme to the other with the advent of the proposed fee schedule. We in the private industry understand that it takes a budgetto be able to perform the specific tasks and needs of a department. We also understand that the Title V permit holders have carried the brunt of supporting the budget when it comes to DEQ. However on the other hand the proposed fees seems a bit unrealistic. For a facility to continue to change and adapt to the needs of a changing economy, that facility must continually be looking for better ways to produce its product in an economical fashion plus do so in a manor that the impact on the environment is lessened at the same time. To do so a facility must continue to do the following:

1. Change production methods 2. Replace worn equipment 3. Install new state ofthe art equipment 4. Change fuels The list can go on but the gist of the story is that with such high fees attached to the already high cost of changing production needs we feel that OEQ will be creating a negative effect as to the modernization of existing facilities, which in turn would aid in lowering the emission levels in the State of Idaho. It seems as though a set fee of $500.00 for a permit with an additional fee of $30.00 per ton of potential permitted emissions would be an adequate and fair fee. By dOing so the facility that emits more would pay more and vise versa. This structure could be used for new permits and permit modifications. Thus if the facility is asking for a permit that would allow it to emit 40 tons more per year, the cost ofthe modified permit would be $1,200.00 for the increase in emissions plus $500.00 for the general permit fee. A total of $1,700.00 not $5,000.00. This type offee structure should be imposed on all plants stationary or portable. The Tier II Operating Permit fees could be structured in the same fashion as the PTC fees. If OEQ engineering is needed there could be a set hourly fee that could be agreed upon or the facility may opt to hire an outside engineer to compile the needed information. Finally I would like to say that I am not against the Permit by Rule and operating under BMP's however I do feel that all plants stationary or portable should pay equal fees for the right to do business within the State of Idaho. It is the individual companies decision as to remain at a stationary location or operate as a portable. However the fact is, each company is basically operating the same type of equipment to produce the end product. Therefore all things being equal, all of us should pay our equal share based upon the potential to emit regardless of being stationary or portable. Thank you forthe opportunity to give input in this matter. Corky Witherwax Gravel Sales! Environmental Manager Interstate Concrete & Asphalt Co. (208)765-1144



# -

845 W. Kathleen Avenue. Coeur d'Alene, Idaho 83815 • (208) 765-1144 • Fax (208) 765-3773

# Copy Board of Environmental Quality

IN RE: Rules for the Control ofAir Pollution ) in Idaho, ) DOCKET NO. 58-0101-0104 )



## BEFORE LARRY F. WEEKS Hearing Officer
Tuesday, October 9, 200 1, 7 p.m.
Department of Environmental Quality" Boise, Idaho

.83706

Reported by 

### Amy Schaufelberger
mE REAU1M£ COURT RU'OItTIRS 

# 'II[<QRm

AND ASSOCIATES, LLC 208·345·3704 • 1·8CX),424·2354 Fox 208·345·3713 605 WEST FORT STREET P.O. BOX 1625 • BOISE, ID 83701 Home Page: http://www.tuckercourtreporters.com E-Mail: tucker@fuckercourtreporters.com Realtime· CaseView/Uvenote· Nationwide Case Management· Business Meetings· lO-Day Turnaround

# - APPEARANCES

HearingOfficer

ForDEQ

For IACI



# - LARRY F. WEEKS ATTORNEY AT LAW 2308 North Cole Road., Suite C Boise, Idaho 83704 (208) 377-2227 PHYLLIS HEITMAN DEPARTMENTOF ENVIRONMENTAL QUALIlY 141 0 North Hilton Boise, Idaho 83706

RICHARD 

### R. RUSH IDAHOASSOCIATION OF COMMERCE AND INDUSTRY P.O. Box389

### Rules for the Control ofAir

### Polution Docket No. 

### 58-0101·0104 Board ofEnvironmental Quality, 

### Idaho October9,2001 Page 1 [1] 

### BOISE, IDAHO [2] 

### Tuesday, October9, 2001,7 p.m. (3) [4] HEARING OFFICER WEEKS: 

### We'll be onthe [5] 

### record. (6] 

### Let the record showthat I am [7] 

### LarryWeeks, the hearing officer appointed to [B] 

### conductthis proceeding.It is now7:03 p.m. 

### on {9] 

### the 9th day ofOctober, 2001.This is the time and [10] 

### place setto receive oral comments on the proposed [11) 

### Rules for the Control ofAir

### Pollution in Idaho, [12) 

### DocketNo. 58-0101-0104.Written comments will [13) 

### also be accepted atthis hearing. [14) 

### We are inthe DEQ Conference Centerin [15) 

### Boise, Idaho.Notice ofthis hearing appeared in [16] 

### the IdahoAdministrative Bulletin, as required by [17] 

### Idaho Code Section 67-5221, on September5, 2001. [lB) 

### This publication was timely made and all necessary (19] 

### notice requirements have been met. (20) 

### All those interestedpersons attending [21] 

### thisproceedingare asked to sign in onthe roster (22) 

### bythe entrance,indicating a desire, if

### any,to (23) 

### make an oralpresentation.Aftera briefstatement (24) 

### made byDEQ summarizing the proposedrule dockets, (25) 

### each person will 

### be given an opportunityto comment Page 2 [1] 

### onthe proposed rule. Since these proceedings are (2) 

### beingrecorded,I ask that those who make oral 13] 

### presentations state theirname andprovide the 14] 

### spelling if

### necessary. [5] 

### At this time, DEQ will 

### make its [6) 

### statement ontheproposed rule and thenI will

### call [7] 

### uponpersons who indicated onthe rosterthatthey [8] 

### would like to comment.Phyllis. I9J MS. HEITMAN: 

### Thank you. [10] Mr.

### Hearing Officer,ladies and [11] 

### gentlemen, my 

### name is Phyllis Heitman,I amthe DEQ [12) Air

### QualityDivision ManagementAssistant. My 113] 

### testimony will

### brieflyoutline proposedrule docket [14] 

### 58-0101-0104. (lS] 

### Economic growth 

### in Idaho has resulted in [16) 

### a correspondingrise in the airqualitypermitting [17] 

### needs ofthe regulated community.The purpose of [18] 

### this rule making is to bettermatch the quality [1(1) 

### permittingprogramto the level ofpermit (20] 

### applications received.The fees will 

### support,in [21] 

### part,the cost to DEQ ofprocessing applications 1221 permitsto construct andTier

# noperatingpermits, I23l andregistrationsforpermitsbyrule,allowingthe (24) 

### agencytobettermeettheneeds ofthe regulated (25) 

### community.Persons proposing oroperating existing Page 3 (1) 

### stationary sources ofairpollutant emissions that 

# ­ (2) 

### are required to obtain construction oroperating (3) 

### permits maybe affected bythis rule. (4) 

### As proposed,the rule adopts a permitto [5) 

### construct application fee as well as processingfee IS) schedules for calculatingpermitto 

### construct and [7] 

### Tier

## noperatingpermitprocessingfees.The rule [8] 

### also includes a registration fee for ownersof [9] 

### qualified facilities optingto registerwith DEQ [10] 

### under Sections 790 through 799 in lieu ofobtaining [11) 

### anindividual permit.The fee schedules are [12] 

### structuredto provide anincentive for emission [13) 

### reduction as required bySection 39-115(3), Idaho [14) 

### Code.This rule making also includes [15J 

### non-substantive corrections to rule section [16) 

### references within the rule chapter. [17] 

### DEQ will 

### considerall comments received [lBJ 

### bytoday's date before submitting a f'tnal proposal [19] 

### package to the Board ofEnvironment Quality.This [20) 

### package will 

### include the hearing transcript,all [21J 

### written public comments received duringthe comment (22) 

### period,DEQ's response to comments,and the final [23] 

### proposed rule. (24) 

### DEQ intends to presentthe final (25] 

### proposaltothe Board ofEnvironmental Qualityin

____ Page 4 [1) 

### November, 2001 with a recommendationthatthe Board (2) 

### adoptthe proposal as a pendingrule. If

### theBard (3) 

### adopts the proposal as recommendedbyDEQ, the rule [4) will

### become f'tnal and effective upon conclusion of [5] 

### the 2002 legislative session if

### approvedbythe [6) 

### LegiSlature byconcurrentresolution. [7] HEARING OFFICER WEEKS:

### Thank: you, [8) 

### Ms. Heitman.I will 

### nowcall 

### uponthosewho I.9J 

### indicatedthattheywould like to commentonthe [10] 

### proposedrule.Mr. Rush. [11J MR. RUSH: 

### Thank: you,Your Honor, [12] 

### Ms. Heitman. My name is 

### Richard R. Rush,R-u-s-h. [13) 

### I'mtheVice-President ofthe IdahoAssociation of [14J 

### Commerce and Industrylocated here in Boise. [15) 

### OnSeptember5, 2001,the Idaho [16] 

### DepartmentofEnvironmental Quality,which I'll {17J 

### termthe IDEQ,published notice ofa proposed rule [18) 

### which will 

### establish a fee structure forprocessing [19) 

### permitsto construct orPTCs, andTier

## n opetating {20) 

### permits.That dockethasbeen describedbyDEQ. [21) 

### Earlierthis yearthroughthe negotiatedrule (22) 

### makingprocess,IDEQ held two 

### public meetings on I23l proposed rules andprovided an opportunityfor [24] 

### publiccomment.The IdahoAssociation ofCommerce (25) 

### andIndustry,IACI, attendedthosemeetings heldon 

### Tucker & 

### Associates (208) 

### 345-3704 Min-U-Script® (3) Page 

### 1 - Page

## 4

### Docket No. 58-0101-0104 Rules for the ControlofAir 

### Polution October 9, 2001 Board ofEnvirorunentalQuality, Idaho PageS**(l!~me** 

### 22nd, 2001, andJune 29th, 2001, and we }mitted written comments onJuly 3rd, 2001. lACI (3)

..

### vw offers additional written comments onthe (4) 

### proposed rules, as well as these oral comments. (5) 

### Those rules were published on September5, 2001. (6) 

### lACI is the leading trade association of [7] 

### Idaho business and represents nearly 300 companies [e] 

### throughout the state.These companies are engaged (9) 

### in diverse industrial and commercial enterprises, [10} 

### and many own and operatefacilities subjectto [11J 

### regulation byIDEQ pursuanttothe Idaho (12) 

### Environmental Protection and HealthAct and the [13] 

### Rules for the Control ofAir

### Pollution in Idaho. [14J 

### And incidentally, onmywritten (15) 

### comments,I have cited all the rules, laws and [16] 

### regulations, and I will 

### read them here. [171 

### As a result, many oflACI's member (18) 

### companies will 

### be subject to 

### thefee structure [19] 

### being proposedby IDEQ. Consequently,Idaho

- or [2OJ 

### lACI and its members have a direct and significant [21] 

### interest in theseproposed rules. (22) 

### And I might add,ourmembers are (23) 

### especially sensitive to 

### increased costs duringthe [24] 

### current economic downturn,and the uncertaintythat [2f ,- •

### country and its businesses and people are Page 6 [1] 

### facing.This sensitivity to these higher costs is [2J 

### reflected in

### my statement. (3J 

### IDEQ has represented that it expectsa [4] 

### shortfall in PTC andTier

## nfunding in 

### coming (5J 

### years.IACI is nevertheless skeptical ofthe [6J 

### reasons and necessityfor theproposed fees. lACI [7] 

### feels its skepticismis justified given industry's 1BI 

### past experiencewith IDEQ's inability totimely lBI process PTCs,Tier

## noperatingpennits,and [10} 

### TitleVoperatingpermits.Theprocessing ofthose (11J 

### air qualitypermitshas been slow and costly. (12) 

### Prime examples are outstandingTitleVpermits: (13) 

### IDEQ has completed reviewof 14 outof62TitleV [14J 

### permit applications,the majority ofwhich have [15] 

### beenpendingbefore the agency since 1995.IDEQ [16] 

### has taken oversixyearsto issue those 14TitleV [171 

### permits ata cost ofover$12 million. [18) 

### A substantial backlog also exists 

### in [19] 

### IDEQ's reviewofPTC applications andTier

## n [2OJ 

### permit applications.This 

### backlogpersists despite [21] 

### provisions in theAir

### PollutionControl Rules which l22J"-lire IDEQ toissue PTC andTier

# npermits (23) 

### -'lin established timelines.And again, theIdaho ;24} 

### Administrative ProcedureAct, I've listed those :25) 

### cites in

### mywritten comments. Page 7 [1) 

### While there is some flexibility [2] 

### contained in those timelines.they are timelines [3] 

### nevertheless, which IDEQ "shall" comply or "will" [4J 

### complywith.Regrettably, it has been lACI's (5) 

### experience that IDEQ has notprocessed and issued (5) 

### PTCs andTier II permits within thetime [7] 

### limitations ofthe IdahoAPA. Based on IDEQ's lack [e] 

### oftimeliness and the resulting backlog,lACI finds (9) 

### it difficult to determine iffees in the proposed [10J 

### rules are reasonable. (11] 

### Accordingto IDEQ calculations,the cost [12] 

### to process and issue a PTC, is, on average, [13] 

### $11,359;aTier II operatingpermitaverages [14J 

### $15,769 to process and issue.lACI believes that (15) 

### inefficiencies within IDEQ's PTC andTier II permit [16] 

### programs have artificially impacted and raised (171 

### these costs.Again, it is difficult to determine [18J 

### whetherthe application and processingfees [19) 

### proposedfor PTCs are reasonable or excessive, in [2OJ 

### terms ofthe work and laborrequiredfor the [21J 

### issuance ofthepermits.Likewise,it is difficult [22) 

### to determine ifthe processingfees forTier 

## n [231 

### permits are reasonable orexcessive. (24J 

### Together,the lack oftime and (25] 

### cost-efficiency inprocessing PTCs andTier

## n Pages (1] 

### permit applications warrants greater accountability [2J 

### from IDEQ

- an elementthat is lackingfrom the (3) 

### Proposed Rules

- before adoption ofadditional [4] 

### revenue measures.There is no incentive for IDEQ [5] 

### to timely and efficiently issue PTCs andTier

## n [6] 

### permits once an application has beenmade.This [7] 

### lack ofaccountabilityand incentive is a great (8J 

### concernto lACI and its members.Delayinthe lBI issuance ofPTCs andTier

## noperatingpennitshas (10} 

### been costlyto applicants.lACI believes thatIDEQ [11] 

### must be held tothe established timelines within (12) 

### theAir

### Pollution Control Rules, if

### theproposed (13) 

### fees are tobe "reasonable."And again, see Idaho [14) 

### Code 39-119. If

### IDEQ is to adopt the proposed (15) 

### fees, thosefees mustbe warranted and used 116] 

### effectively in

### the timely andefficient issuance of 1171 

### the pennits. (18) 

### That's a general comment,andI do have [19] 

### some specific comments ontheproposedrule as (20] 

### well.First is Section 224,Permitto Construct [21] 

### Application Fee.This provision requires PTC (22) 

### applicantsto submit a $1,000 fee with the PTC (23] 

### application. 124) 

### lACI appreciates the revisions IDEQ made [25J to

### the Proposed Rules following the submission of Page 

### S - Page 8 

### (4) M:In-U-Script® 

### Tucker &: 

### Assoclates (208) 345-3704

### Rules for the Control ofAir 

### Polution Docket No. 58-0101-0104 Board ofEnvironmental Quality.Idaho October9, 2001 Page 9 

### [i) lACI'sJuly 

### 3, 2001 written comments.lACI [2) supportsthe additional language, which states that [3) 

### the PTC application fee is not required for (4) 

### exemption review, typographical errors,and name (5) 

### changes. [6J As 

### a point ofclarification,however, (7) 

### lACI requests thatthe provision exempting name [S] 

### changesfrom the application read: "Name or [9) 

### Ownership Change.A change in the name or liO] ownership ofthe holderofa permitto construct [II] 

### when no otherrevieworanalysis is required." [12] While in some cases a name change may include an [13] ownership change,lACI believes the provision [14J should be clarified to specifically applyto [15] ownership changes.As lACI commented earlier. [16J because PTCs are non-transferable for a newPTC. [i7] newowners are required to applyfor a newPTC.A [i8J change ofownership should not require a PTC [i91 applicationfee, given that such a change likely [20] 

### requires no substantialorsubstantive [21] modifications orrevisions to the existing PTC. [2.2] 

### The second area is number 225,Permit to [23] 

### ConstructProcessingFee.This provision requires (24] the paymentofa PTC processingfee of$250 to**~(25]~$~l~O~,oo~O~d~eEP~e~ndin='~g~u~po~n~th~e~le~v~el_o_f~p_ro~po~s_e_d** 

### _________ Page 10 

### [iJ emission increases. 121 Ourcomment is thatlACI appreciatesthe PJ language added to this provision, which clarifies I4J that PTC processingfees are calcwatedby [5] consideringthe aggregate ofall proposed emission [6] increases and decreases ofregulated pollutant (7) 

### emissions and notthe total ofall proposed [8J emission increases. In 

### addition, lACI appreciates [9] 

### the express exclusion offugitive emissions from [10] 

### the fee calculation. [11] As an additional point,lACI requests [12) thatRwe 225 make it clearthat exemption (13J applicabilitydeterminations,correctionsof [14] typographical errors,and name and ownership [15] changes do notrequirethepaymentofPTC [16] processingfees. Such minorchangesrequiring no [17] otherreview oranalysis do not warranta [18] processingfee of$250.lACI suggests thatIDEQ [19] add a provision to 

### Rwe 225 stating thatexemption 120] determinations,typographical errorcorrections. 1.21J and name orownership changes do notrequire a PTC l22l processingfee.This 

### clarification is consistent !23J withRwe 407.02,which excludes typographical 1.24) errorcorrections andname changesfromthe fees [2S] 

### associated with

### processingTierIT permits. Page 11 II) 

### Rule 227, Receipt and Usage ofFees. 

# ­ [2) 

### This provision specifies that the PTC application [3] andprocessingfee shall be used solelyfor IDEQ's [4) PTC andTierIT permitprograms.lACI appreciates [51 

### the language ofthis provision,which limits use of [6) 

### PTC application and processing fees to the PTC and (7) 

### TierIT permitprograms.However,lACI believes (8) this language shouldbe clearer.lAC! suggests the [9] 

### following clarification: "Permit to 

### construct, [10] application and processingfee receipts shall be [I

### iJ depositedbythe Department into a stationary (12) source permit account.Monies from this account [13] 

### shall be used solely"

- is the word, solelyis the [14] addition

- "towardstechnical,legal,and (15) administrative support ofthe Department'spermit [16) 

### to construct inTierIT permit programs,and shall [17] notbe used forthose activities supportedbythe [18) fund created for implementingthe operatingpermit [19] programrequired underTitleV ofthe Federal Clean [20] Air

### Act amendments of 1990." [21J And again on my written comments,you [22] 

### can see the items thatI've struckthere,rather [23] 

### thantrying to readthose.It's confusing to do it (24] in thatmanner. -,**I.~(2~5]**

### __**~R~W~e~4O~7~.T~i~er~IT~~O~~"~-~P~e~nru~'t~** 

### ______________ Page 12 [I] 

### Processing Fee.This provision requiresthe 121 paymentofaTier

## n operatingpermitprocessing P) fee of$500 to $10.000dependinguponthe level of [4] permitted emissions. [5] 

### lACI, again, appreciates theprovision [6) 

### addedbyIDEQ which exempts sources fromTierIT \1l 

### processingfees wherethe source is seeking a PTC (8) rollover, a correctionofa typographical error, [9] 

### and a name change. [10) 

### However, consistentwith its earlier [11] commentsto Rwe 224,lACI requeststhatthe [12) provision exempting name changesfromtheTierIT [13J processingfee provide for the exemption of [14] ownership changes as well.And again. see Rwe [15] 407.02(c).lACI suggests thattheprovision read: [16] "A change in the name orownerShip ofthe holderof [11] 

### aTierIT operatingpermit is 

### requested.Fees are [18J not warrantedfora change ofownership which (19) likelyrequires no substantive change tothe [20] 

### existingTierIT permit.• [.21) Undercertaincircumstances,IDEQ may " l22l require a stationarysource orfacility to 

### obtaina !23J Tier

# noperatingpermitorrevise an existing .,._ f"'\ " 

## q 1,24) 

### TierIT permit.And again, I have citedthe ,; ,.j 

### J :..' l'

## v [2S] 

### referenc.e in the IdahoAPA.Underthose 

### Tucker &: 

### Assoc1ates(208) 345-3704 Min-U-Saipt® (5) 

### Page 

### 9

- Page 12

### Docket No. 58·0101-0104 Rules for the Control ofAir 

### Polution October 9, 2001 Board ofEnvironmentalQuality, Idaho Page 13 PI 

### circumstances,the obligation ofthe source or 

# - :ility to 

### obtain orrevise the operatingpermit I:'J .,s 

### involuntaryand based solely on the discretion 14J 

### ofIDEQ.This involuntaryrequirement should not (5) 

### triggerthe assessment ofprocessingfees. IACI IS] 

### requests that IDEQ include language exempting (7J 

### sources orfacilities required to 

### obtain aTierII [8J 

### permit oraTierII permitrevision pursuant to 

### the [91 

### ldahoAPA from the fee requirements ofRule 407. [10] 

### IACI also appreciates IDEQ's willingness (11] to

### provide language and to exclude fugitive (12) 

### emissions from the fee calculations. However,for (13) 

### the sake ofclarity, IACI believes thatthe [14J 

### language should be moved to the end of (15] 

### Subsection .01 ofRule 407. [16) 

### Rule 409,Receipt and Usage ofFees. [17] 

### This provision specifies thatTierII processing (18] 

### fees shall be used solelyforIDEQ's PTC and 119] 

### TierII permitprograms. [2OJ 

### lACI appreciatesthe language ofthis [21] 

### provision,which limits use ofPTC application and (22] 

### processingfees to the PTC andTierII permit (23) 

### programs.However, lAObelieves this language [24] 

### should be c1earer.lACI suggests the following [2r'-'- 

### ...mcation: "TierII operatingpermit Page 14 [1] 

### processing fee and delinquencyinterestreceipt [2] 

### shall be deposited bythe Department into a (3] 

### stationary sourcepermit account.Monies from this (4) 

### account shall be used solelytowards technical, [S] 

### legal,and administrative suppon ofthe [6) 

### Department'spermit to construct andTierII permit (7J 

### programs and shall notbe used for those activities (6) 

### supponed by the fund createdfor implementingthe I9J 

### operatingpermitprogramrequired underTitleV of [10) 

### the Federal QeanAirActamendmentsof 1990."And [II) 

### again,mywritten comments showwhatwe suggestbe (12) 

### struckfromthat. [18) 

### I do have some additional specific (14) 

### comments onthe proposed rules. Inkeeping with [15] 

### lACl'sbeliefthat IDEQ must be held accountable [Ul) 

### forthe inefficiencies int.in:le and costsassociated [17] 

### with the issuance ofPTCs andTierII permits,if [18) 

### fees are to be 

### established,lACI requests that [19] 

### certain incentivesfor IDEQ beincludedinthe [2OJ 

### ProposedRules. Incentives can easily be 

### tiedto :21) 

### thetimeliness forissuing PTCs andTierII permits :22J ,- 

### ,:quiredbytheIdahoAPA. Undertheprovisions 23J 

### ",chI have citedinthe written comments,IDEQ 24) 

### must determine whethera PTC oraTier

## n 25) 

### application is 

### complete

### within 30days of Page 15 [I) 

### submission.Within 60 days ofthe completeness [2] 

### determination, IDEQ must issue a draft permit or (3) 

### approve,conditionallyapprove ordenythe 14J 

### application unless an opponunityforpublic [5] 

### comment is required ordeemed necessary.And [6} 

### again,thoseAPA citings are listed in mywritten (7J 

### comments.Thinydays are then allowed for the [8) 

### public comment periodfollowed by a 45-day periud (9) 

### withinwhich IDEQ mist eitherapprove, [101 

### conditionally approve ordenythe permit. [11] 

### Failure to 

### comply with those time (12) 

### limitations should result inthe following actions [131 

### by IDEQ. First, IDEQ should be required to reduce [14] 

### its assessment ofcalculated PTC andTierII permit [15] 

### processingfees by 50percent.Norefund would be [161 

### required since the processingfees for both PTCs [17] 

### andTierII permits are due afterIDEQ has issued (18) 

### the permits.This reduction ofthe proposed (19) 

### processingfees is warranted given IDEQ's [2OJ 

### obligation undertheAir

### Quality Control Rules and (21) 

### the additional economic andbusiness costs incurred (22] 

### bythe applicant due to any delay. (23) 

### Second, IDEQ's failure to meetthe (24) 

### prescribedtimelines for issuance ofa PTC ora (2S] 

### TierII permit should obligate the agencytoinform Page 16 [1) 

### the Board ofEnvironmental Quality (orthe "Board") [2] 

### ofits lack ofcompliance with theAir

### Quality (3] 

### Control Rules.Thus,for eachPTC application and (4) 

### TierII permit applicationthatremainspending [5] 

### pastthetimelines ofthe IdahoAPA, IDEQ should (6) 

### informthe Board ofitsfailure to complyalong (7J 

### with the reasons forthatfailure.These [8) 

### requirements wouldprovide IDEQ with incentives to I9J 

### issue PTC andTierII permitsin a timelyand (10) 

### efficient mannerand ultimatelyprovide a more [11] 

### reasonedbasis for the proposedfees andthe costs (12) 

### ofthe permitting servicesprovided bylDEQ. [13] 

### In addition,inthe samevein,lAO (14) 

### requeststhatIDEQ pedonnan accountingreview of [15] 

### the fees collected as pan ofthe proposedfee " (16) 

### schedule anda pedormance reviewofIDEQ's efforts [17] 

### to process and issue PTCs andTierII permits in

### a (18) 

### timely manner.These reviews wouldbe a revision of [19] 

### the current requir4!ment and the ProposedRules that [2OJ 

### IDEQ "will

### reviewthefee schedule atleast every [21) 

### two (2)years."And that's Rule 

### 2Z7and Rule 409. [22J 

### The accountingreview shouldinclude an [23J 

### assessmentofhowthe collectedfees are allocated (24) 

### and used ina reviewofthefee schedule itselfto 1.; 

# J \j

# 0 

# o (2S] 

### determine if

### the fees arereasonable andwarranted 

### Page 13

- Page 16 (6) 

### Min-V-Scrip. Tucker &: 

### Associates (208) 345-3704

### Rules for the Control ofAir

### Polution Docket No. 58-0101-0104 Board ofEnvironmental Quality, Idaho October 9, 2001 Page 17 Il} 

### considering IDEQ's budget.The performance review [2} 

### should considerthe service provided byIDEQ and [3J 

### whetherIDEQ is timely and efficient inprocessing [4) 

### and issuing PTCs andTier

## npermits.The reports [5J 

### generated from the accountingand performance [6] 

### review shouldbe submitted to the Board ona [7] 

### biannual basis.This periodic review will assure [8] 

### the proposedprocessing fees are warranted and (9) 

### document IDEQ's progress inapproving the [10) 

### efficiency ofthe PTC andTier 

### noperating permit [11) 

### programs.Both IDEQ and industrywilJ benefit from [12) 

### such reviewrequirements. (13) 

### lACI also asks that IDEQ not apply the [14J 

### Proposed Rules retroactively.The retroactive [15] 

### application regulation is notfavored absent an [16] 

### expressed statutory grant ofauthorityto the [17] 

### contrary.Bowen v. Georgetown University Hospital [18J 

### is a citing, and I've listed the rest ofthatin [19] 

### the written comments.The EPHA does notprovide (20) 

### forthe retroactive application ofregulations. [21] 

### Furthermore,currentlyhundreds ofPTCs (22) 

### and dozens ofTier

## npermit applications are [23J 

### pendingbefore IDEQ. Several oflACI's members [24] 

### haveTier

## npermit applications before IDEQ which (25) 

### have been**Ol1tst~ntiinl1** 

### forover5 years.PTC and Page 18 [II 

### Tier

## npermitapplications and the contents of [2J 

### those applications involves strategic economic and (3] 

### business decisionsthat are made in reliance of 141 

### established legal requirements,and those [S) 

### requirements for PTCs andTier

## npermits. 161 

### Reliance onthose existing legal requirements is [7] 

### legitimate and deservesprotection,and any [8] 

### modification to those legal requirements requires I9l fair notice, somethingapplicantswith PTC and [10) 

### Tier

## n permitapplications currentlypending [II] 

### before IDEQ have not beenprovided.This is [12] 

### especiallytrue considering thatpendingpermit [13] 

### applications are awaiting processing andissuance [14) 

### dueto no fault ofthe applicantsthemselves. [15) 

### IACI appreciates IDEQ's willingness to [161 

### incorporate into theproposed rules its previous [17] 

### suggestions ofJuly 

### 3. 2001. lAO

### also appreciates [18] 

### the opportunityto submit additional written [19) 

### comments and looks forward to IDEQ's response to [20] 

### these comments.lACI will

### follow theProposed [21] 

### Rules through theBoard ofEnvironmental Quality (22) 

### meeting in

### Novemberof2001. (23) 

### And I respectively submitted this (24) 

### Richard R.

### Rush,Vice-PresidentofNatural (2S) 

### Resources,IdahoAssociationofCommerce and Page 19 II] 

### Industry.Thank you,Your Honor. [2] HEARING OFFICER WEEKS:

### Thank you, Mr. Rush. [3) 

### Mr. Rush's written submitted comments on lACI (4) 

### letterhead dated October9, 2001, which has been [5] 

### signed, will be marked and admitted as Exhibit [S] 

### ·-OOA to this proceeding and will be submitted with [7] 

### the record.Thank you, sir. [8) MR. RUSH: 

### Thank you,YourHonor.Thank you [9J 

### very much. [10] HEARING OFFICER WEEKS: 

### Has anyone else who [11) 

### is present decided they do wish to testify? [12) 

### Hearing no response,I will 

### assume no.And it's (13) 

### now7:30p.m.,and the hearing will be closed.The [14] 

### sign-in rosterwill

### be marked and admitted and sent [15] 

### along with the record as Exhibit *-OOB.Thank you. [16] 

### (Exhibits *-OOA and *-OOB marked.) [17] (18) 

### (fhe hearing concluded at7:30p.m.) [19) [20] [21} [22J [23J [24] [25]



### Tucker &: 

### Associates (208) 345-3704 Min-U-Script® 

### (7) Page 17

- Page 19

### Docket No. 58-0101-0104 Rules for the Control ofAir

### Polution October 

## 9, 2001 Board ofEnvironmental Quality, Idaho comply7:3, 4; 15:11; BOISE 1:1, 15;4:14 14:10; 15:20; 16:2 

# S 16:6 both 15:16; 17:11 allocated 16:23 

# $ concern 8:8 Bowen 17:17 allowed 15:7 concluded 19:18 brief 1:23 51:17;4:15;5:5; 17:25 allowing 2:23 $1,0008:22 conclusion 4:4 briefly 2: 13 5015:15 along 16:6; 19:15 $10,0009:25; 12:3 concurrent4:6 budget 17:1 58-0101-01041:12;2:14 amendments 11:20; $11,3597: 13 conditionally 15:3,10 Bulletin 1:16 14:10 $12 million6:17 conduct 1:8 business 5:7; 15:21; 18:3 analysis 9:11; 10:17 

# 6 $15,7697:14 Conference 1:14 businesses 5:25 APA 7:7; 12:25; 13:9; confusing 11:23 $2509:24; 10:18 14:22; 15:6; 16:5 6015:1 Consequently 5:19 $50012:3 appeared 1:15 

# C 626:13 consider 3:17; 17:2 applicability 10:13 67-5221 1:17 considering 10:5; 17:1; applicant 15:22 

# * calculated 10:4; 15:14 18:12 applicants 8:10, 22; calculating 3:6 consistent 10:22; 12:1

### o 

# 7 18:9,14 calculation 10:10 *-OOA 19:6, 16 construct 2:22; 3:5, 6; application 3:5;7:18; calculations7:11; 13:12 4:19;8:20;9:10,23; 11:9, *-OOB 19:15,16 71:2 8:6,21,23;9:3, 8,19; 16; 14:6 call 2:6;4:8 7903:10 11:2,6,10; 13:21; 14:25;

. construction 3:2 can 11:22; 14:20 15:4; 16:3,4; 17:15,20 7993:10 

# 0 contained7:2 cases 9:12 applications 2:20,21; 7:031:8 contents 18: 1 Center 1:14 6:14,19,20;8:1; 17:22, 7:30 19:13,18 01 13:15 contrary 17:17 24; 18:1,2,10,13 certain 12:21; 14:19 Control 1:11; 5:13; 6:21; apply9:14, 17; 17:13 Change9:9,9,12, 13, 18. 

# 9 8:12; 15:20; 16:3 19; 12:9.16,18,19 appointed 1:7 

# 1 correction 12:8 changes 9:5,8,15; appreciates 8:24; 10:2, 91:2; 19:4 10:15,16,21,24; 12:12, corrections 3:15; 10:13 8; 11:4; 12:5; 13:10,20; 146:13,16 14 20,24 9th 1:9 18:15,17 199011:20; 14:10 corresponding 2:16 chapter 3:16 approve 15:3,3,9, 10 circumstances 12:21; cost2:21; 6:17; 7:11 19956:15 approved4:5 

# A 13:1 cost-efficiency7:25 approving 17:9 cited 5:15; 12:24; 14:23 costly6:11;8:10 area9:22 absent 17:15 

# 2 cites6:25 costs 5:23;6:1;7:17; artificially 7:16 accepted 1:13 citing 17:18 14:16; 15:21; 16:11 assessment 13:5; 15:14; According7:11 216:21 citings 15:6 country 5:25 16:23 account 11:12,12; 14:3, 20011:2.9,17;4:1,15; clarification 9:6; 10:22; created 11:18; 14:8 Assistant 2:12 4 11:9; 13:25 5:1, 1,2,5;9:1; 18:17,22; current5:24; 16:19 associated 10:25; 14:16 accountability 8:1,7 19:4 clarified9:14 currently 17:21; 18:10 Association 4:13,24; accountable 14:15 20024:5 clarifies 10:3 5:6; 18:25 accounting 16:14,22; clarity 13:13 2248:20; 12:11 assume 19:12 17:5 

# D Clean 11:19; 14:10 2259:22; 10:12, 19 assure 17:7 Act 5:12;6:24; 11:20; clear 10:12 14:10 22711:1; 16:21 attended4:25 date 3:18 clearer 11:8; 13:24 actions 15:12 attending 1:20 22nd 5:1 dated 19:4 closed 19:13 activities 11:17; 14:7 authority 17:16 29th 5:1 day 1:9 Code 1:17; 3:14; 8:14 add 5:22; 10:19 average7:12 days 14:25; 15:1,7 collected 16:15,23 added 10:3; 12:6 averages 7:13 decided 19:11

## ~ coming 6:4 addition 10:8; 11:14; awaiting 18:13 decisions 18:3 comment 1:25; 2:8; 3:21; 16:13 decreases 10:6 4:9,24;8:18; 10:2; 15:5,8 39:1; 18:17 additional 5:3; 8:3; 9:2; 

# B deemed 15:5 10:11; 14:13; 15:21; 18:18 commented 9:15 3014:25 Delay 8:8; 15:22 Administrative 1:16; comments 1:10,12; 3005:7 backlog 6:18.20;7:8

. delinquency 14:1 6:24; 11:15; 14:5 3:17,21,22;5:2,3,4,15; 39-115(33:13 Bard4:2 deny 15:3,10 6:25; 8:19;9:1; 11:21; admitted 19:5,14 39-1198:14 12:11; 14:11,14,23; 15:7; Based7:7; 13:3 Department4:16; 11:11; adopt4:2; 8:14 3rd 5:2 17:19; 18:19, 20; 19:3 14:2 basis 16:11;17:7 adoption 8:3 Commerce4:14, 24; Department's 11:15; become4:4 adopts 3:4;4:3 18:25 14:6 belief 14:15 

# 4 affected 3:3 commercial 5:9 depending9:25; 12:3 believes7:14; 8:10; 9:13; again 6:23;7:17; 8:13; community 2:17,25 deposited 11:11; 14:2 11:7; 13:13,23 11:21; 12:5,14, 24; 14:11; 40711:25; 13:9, 15 companies 5:7,8,18 DEQ 1:14,24;2:5,11,21; benefit 17:11 15:6 407.0210:23 complete 14:25 3:9. 17,24;4:3, 20 agency2:24;6:15; 15:25 better2:18, 24 407.o2(c 12:15 DEQ's3:22 completed6:13 aggregate 10:5 biannual 17:7 40913:16; 16:21 described4:20 completeness 15:1 Air 1:11; 2:12,16;3:1; Board 3:19,25;4:1; 16:1. 45-day 15:8 compliance 16:2 deserves 18:7 5:13; 6:11. 21;8:12; 11:20; 1,6; 17:6; 18:21 , A 

### " 

### Tucker & 

### Associates (208) 345-3704

### Docket No. 58-0101-0104 Rules for the Control ofAir

### Polution October

## 9, 2001 Board ofEnvirorunental Quality, Idaho desire 1:22 despite6:20 19; 12:13 exempts 12:6 

# H indicated 2:7;4:9 indicating 1:22 looks 18:19 determination 15:2 Exhibit 19:5, 15 individual 3:11 

# M determinations 10:13, Exhibits 19:16 Health 5:12 industrial 5:9 20 existing 2:25; 9:21; HEARING 1:4,7,13,15; Industry 4:14,25; 17:11; majority 6:14 determine7:9, 17,22; 12:20,23; 18:6 2:10;3:20;4:7; 19:2,10, 19:1 14:24; 16:25 exists 6:18 12,13,18 industry's 6:7 difficult 7:9, 17, 21 direct 5:20 discretion 13:3 diverse 5:9 Division 2:12 expects 6:3 experience 6:8; 7:5 express 10:9 expressed 17:16 HEITMAN 2:9,11;4:8, 12 held4:22,25; 8:11; 14:15 higher 6:1 holder 9:10; 12:16 Honor4:11; 19:1,8 inefficiencies 7: 15; 14:16 inform 15:25; 16:6 intends 3:24 interest 5:21; 14:1 Management 2:12
many 5:10, 17 match 2:18 Docket 1:12; 2:13; 4:20 dockets 1:24 

# F Hospital 17:17 hundreds 17:21 interested 1:20 into 11:11; 14:2; 18:16 measures 8:4 document 17:9 involuntary 13:3,4 meet 2:24; 15:23 downturn 5:24 facilities 3:9; 5:10; 13:7 

# I Involves 18:2 meeting 18:22 dozens 17:22 facility 12:22; 13:2 issuance7:21; 8:9, 16; meetings 4:22, 25 draft 15:2 facing 6:1 IACI 4:25; 5:2,6,20;6:5, 14:17; 15:24; 18:13 member 5:17 due 15:17,22; 18:14 Failure 15:II,23; 16:6,7 6;7:8,14; 8:8,10,24;9:1, issue6:16, 22; 7:12,14; during 3:21; 5:23 fair 18:9 7,13,15; 10:2,8,11,18; 8:5; 15:2; 16:9, 17 17:23 

# E fault 18:14 favored 17:15 Federal 11:19; 14:10 11:4,7,8; 12:5, 11, 15; 13:5,10,13,20,23,24; 14:18; 16:13; 17:13; 18:15,17,20; 19:3 issued7:5; 15:17 issuing 14:21; 17:4 items 11:22 met1:19 might 5:22 minor 10:16 mist 15:9 Earlier4:21; 9:15; 12:10 fee 3:5, 5,8,11;4:18; IACI's 5:17;7:4;9:1; modification 18:8 easily 14:20 Economic 2:15; 5:24; 15:21; 18:2 effective4:4 effectively8: 16 efficiency 17:10 efficient 8:16; 16:10; 17:3 efficiently 8:5 efforts 16:16 either 15:9 5:18; 8:21,22;9:3,19,23, 24; 10:10, 18,22; 11:3, 10; 12:1,3,13; 13:9, 12; 14:1; 16:15,20,24 feels 6:7 fees 2:20; 3:7;6:6;7:9, 18,22;8:13,15,15; 10:4, 16,24; 11:1,6; 12:7,17; 13:5,16,18,22; 14:18; 15:15,16,19; 16:11,15, 23,25; 17:8 14:15; 17:23 IDAHO 1:1,11,15,16,17; 2:15; 3:13; 4:13,15,24; 5:7, II, 13. 19;6:23; 7:7; 8:13; 12:25; 13:9; 14:22; 16:5; 18:25 IDEQ 4:17, 22; 5:11,19; 6:3,13,15,22;7:3, 5,11; 8:2,4,10,14,24; 10:18; 12:6,21; 13:4,6; 14:15, 19,23; 15:2,9,13,13,17; 16:5,8,12,14,20; 17:2, 3, 

# ] July 5:2; 9:1; 18:17 June 5:1, 1 justified 6:7 

# K keeping 14:14 modifications 9:21 Monies 11:12; 14:3 more 16:10 moved 13:14 much 19:9 15:2 

# N element8:2 final 3:18, 22, 24;4:4 11,13,23,24; 18:11 

# L else 19:10 finds 7:8 IDEQ's 6:8, 19;7:7, 15; emission 3:12; 10:1, 5,8 emissions 3:1; 10:7, 9; 12:4; 13:12 end 13:14 engaged 5:8 enterprises 5:9 entrance 1:22 Environment 3:19 Environmental3:25; 4:16; 5:12; 16:1; 18:21 EPHA 17:19 error 10:20,24; 12:8 errors 9:4; 10:14 especially 5:23; 18:12 establish4:18 established6:23; 8:11; First8:20; 15:13 flexibility 7:1 follow 18:20 followed 15:8 following 8:25; 11 :9; 13:24; 15:12 forward 18:19 fugitive 10:9; 13:11 fund 11:18; 14:8 funding 6:4 Furthermore 17:21 

# G general 8:18 11:3; 13:10,18; 15:19,23; 16:16; 17:1,9; 18:15,19 112:22; 3:7; 4:19;6:4,9, 19,22;7:6,13, 15,22,25; 8:5,9; 10:25; 11:4,7,16, 25; 12:2,6,12,17,20,23, 24; 13:7,8,17,19,22,25; 14:6,17,21,24; 15:14, 17, 25; 16:4,9,17; 17:4, 10, 22,24; 18:1,5,10 impacted7:16 implementing 11:18; 14:8 inability 6:8 incentive 3:12;8:4,7 incentives 14:19,20; 16:8 labor7:20 lack7:7, 24; 8:7; 16:2 lacking8:2 ladies 2:10 language9:2; 10:3; 11:5, 8; 13:6, 11, 14, 20, 23 Larry 1:7 laws 5:15 leading 5:6 least 16:20 legal 11:14; 14:5; 18:4,6, 8 legislative 4:5 Legislature4:6 legitimate 18:7 12:9,12,16 Natural 18:24 nearly 5:7 15:5 necessity6:6 needs 2:17,2 negotiated4:21

new9:16,17,

18:9 number9:224

17

14:18; 18:4 generated 17:5 incidentally 5:14 letterhead 19:4 examples 6:12 gentlemen 2:11 Include 3:20; 9:12; 13:6; level 2:19; 9:25; 12:3 excessive7:19, 23 Georgetown 17:17 16:22 lieu 3:10 

# 0 exclude 13:11 given 1:25;6:7;9:19; included 14:19 likely 9:19; 12:19 excludes 10:23 15:19 includes 3:8, 14 likewise7:21 obligate 15:25 exclusion 10:9 grant 17:16 incorporate 18:16 limitations 7:7; 15:12 exempting 9:7; 12:12; great8:7 increased 5:23 limits 11 :5; 13:21 13:6 greater8:1 increases 10:1,6,8 listed 6:24; 15:6; 17:18 obtaining3:10 exemption 9:4; 10:12, growth 2:15 incurred 15:21 located4:14 

### desire

- October (2) making 2:18;3:14;4:22

manner 11:24; 16:10, 18 marked 19:5,14,16
may 3:3; 9:12; 12:21

members 5:20, 22; 8:8;



# - must 8:11, 15; 14:15,24;

name 2:3, 11;4:12; 9:4,7, 8,9,12; 10:14,21, 24;

necessary 1:18; 2:4;

nevertheless6:5;7:3 non-substantive3: 15 non-transferable9:16 Notice 1:15, 19;4:17; November4:1; 18:22



# . , obligation 13:1; 15:20 obtain 3:2; 12:22; 13:2,7 October 1:2,9; 19:4 

### Min-U-Script® 

### Tucker &: 

### Associates (208) 345-3704

### Docket No. 58-0101-0104 Rules for the Control ofAir 

### Polution October 9, 2001 Board ofEnvironmental Quality, Idaho 

# .­

,­ offers 5:3 Pollution 1:11; 5:13; OFFICER 1:4,7; 2:10; 6:21;8:12 4:7; 19:2, 10 prescribed 15:24 once 8:6 present 3:24; 19:11 operate 5:10 presentation 1:23 operating 2:22,25; 3:2, presentations 2:3 7; 4:19; 6:9,10;7:13; 8:9; previous 18:16 11:18,25; 12:2, 17, 23; Prime 6:12 13:2,25; 14:9; 17:10 Procedure 6:24 opportunity 1:25; 4:23; 15:4; 18:18 proceeding 1:8,21; 19:6 opting 3:9 proceedings 2:1 oral 1:10, 23; 2:2; 5:4 process 4:22; 6:9;7:12, out 6:13 14; 16:17 outline 2:13 processed 7:5 outstanding 6:12; 17:25 processing 2:21; 3:5, 7; 4:18;6:10;7:18, 22, 25; over 6:16, 17; 17:25 9:23,24; 10:4, 16, 18,22, own 5:10 25; 11:3,6,10; 12:1,2,7, owners 3:8;9:17 13; 13:5,17,22; 14:1; Ownership 9:9, 10, 13, 15:15,16,19; 17:3,8; 15,18; 10:14,21; 12:14, 18:13 16,18 program 2:19; 11:19; 14:9 

# p programs 7:16; 11:4,7, 16; 13:19, 23; 14:7; 17:11 progress 17:9 p.m 1:2,8; 19:13, 18 proposal 3:18, 25;4:2,3 package 3:19, 20 proposed 1:10,24;2:1, part 2:21; 16:15 6,13;3:4, 23;4:10, 17, 23; past 6:8; 16:5 5:4, 19,21;6:6;7:9, 19; payment 9:24; 10:15; 8:3,12,14, 19,25;9:25; 12:2 10:5,7; 14:14,20; 15:18; pending 4:2;6:15; 16:4: 16:11,15,19; 17:8, 14; 18:16,20 17:23; 18:10, 12 proposing 2:25 people 5:25 percent 15:15 Protection 5:12; 18:7 perform 16:14 provide 2:3; 3:12; 12:13; performance 16:16; 13:11; 16:8, 10; 17:19 provided 4:23; 16:12; 17:1,5 17:2; 18:11 period 3:22: 15:8,8 provision 8:21;9:7,13, periodic 17:7 23; 10:3, 19; 11:2, 5; 12:1, permit 2:19; 3:4,6,7,11; 5,12,15; 13:17,21 6:14,20;7:13,15;8:1,20; provisions 6:21; 14:22 9:10,22; 11:4,7,9,12,15. PTC 6:4, 19,22;7:12,15; 16,18,25; 12:2, 17,20. 23,24;13:2.8,8,19,22, 8:21,22;9:3,16,17,18, 25; 14:3,6,6.9; 15:2, 10, 21,24; 10:4,15,21; 11:2, 4,6,6; 12:7; 13:18,21,22; 14,25; 16:4; 17:10,22,24; 14:24: 15:14,24; 16:3,9; 18:1,10,12 17:10,25; 18:9 permits 2:22, 22, 23; 3:3; PTCs 4:19; 6:9;7:6, 19, 4:19,20;6:9,10,11,12, 17,22;7:6,21,23;8:6,9, 25;8:5,9;9:16; 14:17,21; 17; 10:25; 14:17,21; 15:16; 16:17; 17:4,21; 15:17,18; 16:9, 17; 17:4; 18:5 18:5 public 3:21;4:22,24; permitted 12:4 15:4,8 permitting 2:16, 19; publication 1:18 16:12 published 4:17; 5:5 persists 6:20 purpose 2:17 

# ,-"'erson 1:25 pursuant 5:11; 13:8 ,ersons 1:20;2:7, 25 

# Q Phyllis 2:8, 11 place 1:10 point9:6; 10:11 qualified 3:9 pollutant3:1; 10:6 Quality 2:12, 16, 18;3:19, 25; 4:16;6:11; 15:20; 16:1, 2; 18:21 

# R --' R4:12; 18:24 R-u-s-h 4:12 raised 7:16 rather 11 :22 read 5:16;9:8; 11:23; 12:15 reasonable 7:10,19,23; 8:13; 16:25 reasoned 16:11 reasons 6:6; 16:7 Receipt 11:1; 13:16; 14:1 receipts 11:10 receive 1:10 received 2:20; 3:17,21 recommendation 4:1 recommended 4:3 record 1:5,6; 19:7, 15 recorded 2:2 reduce 15:13 reduction 3:13; 15:18 reference 12:25 references 3:16 reflected 6:2 refund 15:15 register 3:9 registration 3:8 registrations 2:23 Regrettably7:4 regulated 2:17, 24; 10:6 regulation 5:11; 17:15 regulations 5:16; 17:20 reliance 18:3,6 remains 16:4 reports 17:4 represented 6:3 represents 5:7 requested 12:17 requests 9:7; 10:11; 12:11; 13:6; 14:18; 16:14 require 6:22;9:18; 10:15, 21: 12:22 required 1:16; 3:2,13; 7:20;9:3,11,17; 11:19; 13:7; 14:9,22; 15:5, 13, 16 requirement 13:4; 16:19 requirements 1:19; 13:9; 16:8; 17:12; 18:4,5,6,8 requires 8:21; 9:20,23; 12:1,19; 18:8 requiring 10:16 resolution 4:6 Resources 18:25 respectively 18:23 response 3:22; 18:19; 19:12 rest 17:18 result 5:17; 15:12 resulted 2:15 slow6:11 resulting 7:8 solely 11:3, 13, 13; 13:3, retroactive 17:14,20 18; 14:4 retroactively 17: 14 source 11 :12; 12:7,22; revenue 8:4 13:1; 14:3 review 6:13, 19;9:4, 11; sources 3:1; 12:6; 13:7 10:17; 16:14,16,20,22, specific 8:19; 14:13 24; 17:1,6,7,12 specifically 9:14 reviews 16:18 specifies 11 :2; 13: 17 revise 12:23; 13:2 spelling 2:4 revision 13:8; 16:18 state 2:3; 5:8 revisions 8:24;9:21 statement 1:23; 2:6; 6:2 Richard 4:12; 18:24 states 9:2 rise 2:16 stating 10:19 rollover 12:8 stationary 3:1; 11:11; 12:22; 14:3 roster 1:21; 2:7; 19:14 rule 1:24;2:1,6,13, 18, statutory 17:16 23;3:3,4,7,14,15,16,23; strategic 18:2 4:2,3,10,17,21;8:19; struck 11:22; 14:12 10:12,19,23; 11:1,25; structure 4:18; 5:18 12:11,14; 13:9, 15, 16; structured 3:12 16:21,21 subject 5:10, 18 Rules 1:11;4:23;5:4,5, submission 8:25; 15:1 13,15,21;6:21; 7:10;8:3, 12,25; 14:14,20; 15:20; submit 8:22; 18:18 16:3,19; 17:14; 18:16, 21 submitted 5:2; 17:6; Rush 4:10, 11,12; 18:24; 18:23; 19:3,6 19:2,8 submitting 3:18 Rush's 19:3 Subsection 13:15 substantial 6:18;9:20 

# S substantive 9:20; 12:19 suggest 14:11 sake 13:13 suggestions 18:17 same 16:13 suggests 10:18; 11:8; 12:15; 13:24 schedule 16:16,20,24 summarizing 1:24 schedules 3:6, 11 support 2:20; 11:15; 14: second 9:22; 15:23 Section 1:17; 3:13,15; supported 11:17; 14:8 8:20 supports 9:2 Sections 3:10 

# T seeking 12:7 sensitive 5:23 sensitivity6:1 technical 11:14; 14:4 sent 19:14 term4:17 September 1:17;4:15; terms7:20 5:5 testify 19:11 service 17:2 testimony 2:13 services 16:12 Thirty 15:7 session 4:5 throughout 5:8 set 1:10 Thus 16:3 Several 17:23 tied 14:20 shall 7:3; 11:3, 10, 13, 16; Tier 2:22;3:7;4:19;6:4,9, 13:18; 14:2,4,7 19,22;7:6, 13, 15, 22, 25; shortfall 6:4 8:5,9; 10:25; 11:4,7,16, show 1:6; 14:11 25; 12:2,6, 12; 17,20, 23, sign 1:21 24; 13:7,8,17,19,22,25; sign-In 19:14 14:6,17,21,24; 15:14, 17, 25; 16:4,9,17; 17:4, 10, signed 19:5 22,24; 18:1, 5, 10 significant 5:20 timellnes6:23:7:2,2; six 6:16 8:11; 15:24; 16:5 skeptical6:5 timeliness 7:8; 14:21 skepticism6:7 timely 1:18;6:8; 8:5,16;**~, ~.~**  

# - 5



### Tucker &: 

### Associates (208) 345-3704 MIn-U-Script®

### Docket No. 58-0101-0104 Rules for the ControlofAir

### Polution October 9, 2001 Board 

### ofEnvironmental Quallty, 

### Idaho 16:9, IB; 17:3 Title 6:10,12,13,16; 11:19; 14:9 today's 3:1B Together7:24 total 10:7 towards 11:14; 14:4 trade 5:6 transcript3:20 trigger 13:5 true 18:12 trying 11 :23 Tuesday 1:2 two 4:22; 16:21 typographical9:4; 10:14,20,23; 12:8 

# u ultimately 16:10 uncertainty 5:24 under 3:10; 11:19; 12:21, 25; 14:9.22; 15:20 University 17:17 unless 15:4 upon 2:7; 4:4, 8; 9:25; 12:3 Usage 11:1; 13:16 use 11:5; 13:21 used 8:15; 11:3, 13,17; 13:1B; 14:4,7; 16:24 

# v
V6:10,12,13,16; 11:19; 14:9;17:17 vein 16:13 Vice·President4:13; 18:24 

# w

warrant 10:17 warranted 8:15; 12:18; 15:19; 16:25; 17:8 warrants 8:1 WEEKS 1:4,7;4:7; 19:2, willingness 13:10; 18:15 wish 19:11 within 3:16;6:23;7:6,15; 8:11; 14:25; 15:1,9 word 11:13 work7:20 Written 1:12;3:21;5:2,3, 14;6:25;9:1; 11:21; 14:11, 23; 15:6; 17:19; 18:18; 19:3 

# y



# - year4:21 years6:5,16; 16:21; 17:25



# -

Tucker &: 

### Associates (208)**345~3704** 

### Title

- years (4) 10

### . -212



# - REPORTER'S CERTIFICATE

STATE OF IDAHO ss. County of Ada
I, Amy Schaufelberger, a Notary Public in and for the State of Idaho, herebycertify: That I am the reporter who took the proceedings had in the above-entitled action in machine shorthand and thereafter the same was reduced into typewriting under my direct supervision; and That the foregoing reporter's transcript contains a full, true, and accurate record ofthe proceedings had in the above and foregoing
cause, which was heard at Boise, Idaho. IN WITNESS WHEREOF, I have hereunto set my hand this day of 

# &:Ak 12-,2001.

CSRN

f**~ ~\**  .....**~** ('\

...! f\

., "_j \., 

### J

..... 0

# IdahoAssociation of**~~~.** I

# Commerce &Industry
The Voice ofBusiness in Idaho®
October 9, 2001 Paula J. Gradwohl Environmental Quality Section Attorney General's Office 1410 North Hilton Boise, Idaho 83706-1255 

## Re: Proposed Fee Structurefor Permits to Construct andTier II Operating Permits, Docket No. 58-0101-0104 Dear Ms. Gradwohl: On September 5,2001, the Idaho Department ofEnvironmental Quality ("IDEQ") published notice ofa proposed rule, which will establish a fee structure for processingpermits to construct ("PTCs") and TierII operatingpermits, Docket No. 58-0101-0104 (the "Proposed Rules"). 

### See Idaho Administrative Bulletin Vol. 01-9 at 168-206 (September 5, 2001). Earlier this year, through the negotiated rulemaking process, IDEQ held two (2) public meetings on the 

# - Proposed Rules and provided an opportunity for public comment. The Idaho Association of Commerce and Industry ("IACI") attendedthose meetings, held June 22, 2001, and June 29, 2001, and submitted written comments on July 3, 2001. IACI now offers additional written comments on the Proposed Rules, published on September 5, 2001. IACI is the leading trade association ofIdaho business and represents nearly three hundred (300) companies throughout the state. These companies are engaged in diverse industrial and commercial enterprises and many own and operate facilities subject to regulation by IDEQ pursuant to the Idaho Environmental Protection and Health Act (the "EPHA"), Idaho Code Sections 39-101 through 39-129 (Supp. 2001), and the Rules for the Control ofAir Pollution in Idaho (the "AirPollution Control Rules"), IDAPA 58.01.01 

### etseq. As a result, many ofIACI'smember companies will be subject to the fee structurebeing proposed by IDEQ. Consequently, lACI and its members have a direct and significant interest in the Proposed Rules.


## General Comments IDEQ has representedthat it expects a shortfall in PTC and TierII funding in corning years. IACI is nevertheless skeptical ofthe reasons and necessity for the proposed fees. IACI feels its skepticism isjustified given industry's past experience with IDEQ's inability to timely process PTCs, Tier II operating permits and Title V operating permits. Theprocessing ofthose



# - air qualitypermits has been slow and costly due to inefficiencies promulgated byIDEQ, as the agency overanalyzes and rewrites permits and fails to make timely decisions. Prime examples

,**"~i** 

## n of 

### '""7 BOISE-1307651 0099999- \.; ''''; t

.. _: .Jo... 

### 1 p.o. Box 389 • Boise, 

### 10 83701 • (208) 343-1849 • FAX 338-5623

# - are outstanding Title V permits-IDEQ has completed review offourteen (14) out ofsixty-two (62) Title V permit applications, the majority ofwhich have been pending before the agency since 1995. IDEQ has taken over six (6) years to issue those fourteen (14) Title V permits at a cost ofovertwelve million dollars ($12,000,000). A substantial backlog also exists in IDEQ's review ofPTC applications and Tier II permit applications. This backlog persists despite provisions inthe Air Pollution Control Rules, which require IDEQ to issue PTC and Tier II permits within established timelines. See 

### IDAPA 58.01.01.209.01; IDAPA 58.01.01.404.01. While there is some flexibility contained inthose timelines, they are timelines nonetheless, which IDEQ "shall" comply with or "will" comply with. Regrettably, it has been IACI's experience that IDEQ has not shown ability to process and issue PTCs and Tier II permits within the time limitations ofIDAPA 58.01.01.209.01 and IDAPA 58.01.01.404.01. Based on this inability, IDEQ's lack oftimeliness and the resulting backlog, IACI finds it difficult to consider the fees in the Proposed Rules reasonable, given the level ofservice provided to industryin the past. According to IDEQ calculations, the costto process and issue a PTC is, on average, eleven thousand, three hundred and fifty-nine dollars ($11,359); a Tier II operatingpermit averages fifteen thousand, sevenhundred and sixty-nine dollars ($15,769) to process and issue. IACI believes that inefficiencies within IDEQ's PTC and Tier II permit programs have artificially impacted and raised those costs. Again, itis difficult to determine whether the application andprocessing fees proposed for PTCs are reasonable orexcessive, interms ofthe work and labor required for the issuance ofthe permits. Likewise, itis difficult to determine if the processing fees for Tier II permits are reasonable orexcessive. Together, the lack oftime and cost efficiency inprocessing PTCs and TierII permit applications warrants greater accountability from IDEQ-an elementthat is lacking from the Proposed Rules-before adoption ofadditional revenue measures. There is no incentive for IDEQ to timely and efficiently issue PTCs and TierII permits once an applicationhas been made. This lack ofaccountability and incentive is a great concern to lACI and its members. Delay in the issuance ofPTCs and Tier II operatingpermits has beencostly to applicants. IACI believes that IDEQ mustbe held to the established timelines within the Air Pollution Control Rules, iftheproposed fees are to be "reasonable." See 

### Idaho Code § 39-119 (authorizing IDEQ "to charge and collect reasonable fees"). IfIDEQ is to adopt the proposed fees, those fees must bewarranted and used effectively inthe timely and efficient issuance ofthe permits. 

### Specific Comments on the Proposed Rules 224. PERMIT TO CONSTRUCT APPLICATION FEE. Thisprovisionrequires PTC applicants to submit a $1000 fee with the PTC application. Comment: 

### lACI appreciates the revisions IDEQ made to the Proposed Rules following the submission ofIACI's July 3, 2001 written comments. lACI supports the additional language,



# - which states that the PTC application fee is not required for exemptionreview, typographical errors and name changes.

BOISE-130765.l 0099999­ 

### 2

# - Comment: 

### As a point ofclarification, however, IACI requests that the provision exempting name changes from the application fee read: ''Name orOwnership Change. A change in the name or ownership ofthe holder ofapermit to construct when no other review or analysis is required." While in some cases a name change may include an ownership change, IACI believes the provision should be clarified to specifically apply to ownership changes. As IACI commented earlier, because PTCs are not transferable, new owners are required to apply for a new PTC. A change ofownership should not require a PTC application fee, given that such a change likely requires no substantive modification orrevision to the existing PTC. 225. PERMIT TO CONSTRUCT PROCESSING FEE. This provision requires the payment ofa PTC processing fee oftwo hundred and fifty dollars ($250) to ten thousand dollars ($10,000) depending upon the level ofproposed emission increases. Comment: 

### IACI appreciates the language added to this provision, which clarifies that PTC processing fees are calculated by considering the aggregate ofall proposed emission increases and decreases ofregulated pollutant emissions and not the total ofall proposed emission increases. In addition, IACI appreciates the express exclusion offugitive emissions from the fee calculation. Comment: 

### As an additional point, lACI requests that Rule 225 make it clearthat exemption applicability determinations, corrections oftypographical errors, and name and ownership changes do not require the payment ofPTCprocessing fees. Such minor changes, requiring no 

# ­ otherreview or analysis, do not warrant a processing fee oftwo hundred and fifty dollars ($250). IACI suggests that IDEQ add a provision to Rule 225 stating that exemption determinations, typographical error corrections and name or ownership changes do not require a PTC processing fee. This clarification is consistentwith Rule 407.02, which excludes typographical error corrections and name changes from the fees associated with processing TierII permits. 227. RECEIPT AND USAGE OF FEES. This provision specifies that PTC application and processing fees shall be used solely for IDEQ's PTC and Tier II permitprograms. Comment: 

### IACI appreciates the language ofthisprovision which limits use ofPTC application and processing fees to the PTC and Tier II permit programs. However, IACI believes this language should be clearer. IACI suggests the following clarification: "Permit to construct application and processing fee receipts shall be deposited by the Department into a stationary sourcepermit account. Monies from this account shall beused solely towards technical, legal and administrative support oftheDepartment's air quality stationary SOtlrce 

### permit to construct and Tier II permit programs except and shall not be used for those activities supported by the fund created for implementing the operating permit program required under Title V ofthe federal Clean Air Act amendments of 1990." 407. TIER II OPERATING PERMIT PROCESSING FEE. This provision requires the payment ofa Tier II operating permitprocessing fee offive hundred dolIars ($500) to ten thousand dollars ($10,000) depending upon the level ofpermitted emissions. 

# ­

BOISE·130765.1 0099999· 

### 3

# - Comment: 

### IACI appreciates the provisions added byIDEQ which exempts sources from TierII processing fees, where the source is seeking a PTC rollover, a correction ofa typographical error and a name change. Comment: 

### However, consistent with its earlier comments to Rule 224, IACI requests that the provision exempting name changes from the TierII processing fee provide for the exemption of ownership changes, as well. See 

### Rule 407.02(c). IACI suggests that the provisionread: "A change in the name orownership ofthe holder ofa Tier II operating permit is requested." Fees are not warranted for a change ofownership, which likely requires no substantive change to the existing TierII permit. Comment: 

### Undercertain circumstances, IDEQ mayrequire a stationary source or facility to obtain a Tier II operatingpermit orrevise an existing TierII permit. See 

### IDAP A 58.01.01.401.03

. Under those circumstances, the obligation ofthe source or facility to obtain or revise the operatingpermit is involuntary andbased solely on the discretion ofIDEQ. See 

### IDAPA 58.01.01.401.03(a) and (b). This involuntaryrequirement should not trigger the assessment ofprocessing fees. IACI requests that IDEQ include language exempting sources or facilities required to obtain a Tier II permit or a TierII permitrevision, pursuantto IDAP A 58.01.01.401.03, from the fee requirements ofRule 407. Comment: 

### IACI also appreciates IDEQ's willingness provide language excluding fugitive emissions from the fee calculation. See 

### Rule 407.02(d). However, for the sake ofclarity, IACI 

# - believes that the language should be moved to the end ofSubsection .01 ofRule 407. 409. RECEIPT AND USAGE OFFEES. This provision specifies that TierII processing fees shall be used solely for IDEQ's PTC and Tier II permitprograms. Comment: 

### IACI appreciates the language ofthis provision which limits use ofPTC application and processing fees to the PTC and TierII permit programs. However, IACI believes this language should beclearer. IACI suggests the following clarification: "TierII operating permit processing fee and delinquency interestreceipts shall be deposited bytheDepartment into a stationary sourcepermit account. Monies from this account shall be used solelytowards technical, legal and administrative support oftheDepartment's air quality statiofiat)' SOl:lfeC 

### permitto construct and Tier II permitprograms exeept and shall not beused for those activities supportedbythe fund created for implementing the operatingpermitprogram required under Title V ofthe federal Clean AirAct amendments of 1990."


## Additional Specific Comments on the Proposed Rules In keeping with IACI'sbeliefthat IDEQ must be held accountable for the inefficiencies in time and cost associated with the issuance ofPTCs and TierII permits, iffees are to be established, IACI requests that certain incentives for IDEQ beincluded in theProposed Rules. Incentives can easilybetied to the timelines for issuing PTCs and TierIIpermits, as required by 

# - IDAPA 58.01.01.209.01 and IDAPA 58.01.01.404.01, respectively. Underthoseprovisions, IDEQ must determine whether a PTC orTier II application is complete within thirty (30) days of

BOISE-130765.l 0099999· 

### 4

### submission. IDAPA 58.01.01.209.01(a); IDAPA 58.01.01.404.01(a). Within sixty (60) days of the completeness determination, IDEQ must issue a draft permit or approve, conditionally approve ordeny the application, unless an opportunity for public comment is required ordeemed necessary. IDAPA 58.01.01.209.01(b); IDAPA 58.01.01.404.01(b). Thirty (30) days are then allowed for the public comment period, followed by a forty-five (45) day period within which IDEQ must either approve, conditionally approve or deny the permit. IDAPA 58.01.01.209.01(c)(iv) and (v); IDAPA 58.0L01.404.01(c)(iv) and (v). Failure to comply with those time limitations shouldresult in the following actions by IDEQ. First, IDEQ should be required to reduce its assessment ofcalculated PTC and TierII permit processing fees by fifty percent (50%). No refund would be required since the processing fees for both PTCs and Tier II permits are due after IDEQ has issued the permits. This reduction ofthe proposedprocessing fees is warranted given IDEQ's obligations under the Air Quality Control Rules and the additional economic and business costs incurred by the applicant due to any delay. Second, IDEQ's failure to meet theprescribed timelines for issuance ofa PTC or a Tier IIpermit should obligate the agency to inform the Board ofEnvironmental Quality (the "Board") ofits lack ofcompliance with the Air Quality Control Rules. Thus, for each PTC application and Tier II permit application that remains pending past the timelines ofIDAPA 58.01.01.209.01 and IDAPA 58.01.01.404.01, respectively, IDEQ should inform the Board ofits failure to comply, along withthe reasons for the failure. These requirements wouldprovide IDEQ with incentives to issue PTC and Tier II permits in a timely and efficient manner and ultimately provide a more reasoned basis for the proposed fees and the costs ofthe permitting service provided by IDEQ. In addition, in this same vein, IACI requests that IDEQ perform an accounting review of the fees collected as part ofthe proposed fee schedule and a performance review oflDEQ's efforts to process and issue PTCs and Tier II permits in a timely manner. These reviews would be a revision ofthe current requirement in the Proposed Rules that IDEQ "will review the [] fee schedule at least every two (2) years." See 

### Rule 227; Rule 409. The accounting review should include an assessment ofhow the collected fees are allocated and used and a review ofthe fee schedule itselfto determine ifthe fees are reasonable and warranted considering IDEQ'sbudget. The performance review should consider the service provided by IDEQ and whetherIDEQ is timely and efficient inprocessing and issuing PTCs and Tier II permits. The reports generated from the accounting andperformance reviews should be submitted to the Boardon a biannual basis. This periodic review will assure the proposed processing fees are warranted and document IDEQ'sprogress in improving the efficiency ofthe PTC and Tier II operating permit programs. BothIDEQ and industry will benefit from suchreview requirements. IACI also asks that IDEQ not apply the ProposedRules retroactively. The retroactive application ofregulations is not favored absent an express statutory grant ofauthority to the contrary. Bowen v. Georgetown University Hospital, 

### 488 U.S. 204, 208, 109 S.Ct. 468, 102 L.Ed.2d 493 (1988). The EPHA does not provide for the retroactive application ofregulations. Furthermore, currently, hundreds ofPTCs and dozens ofTier IIpermit applications are pending before IDEQ. Several ofIACI'smembers have Tier II permit applications before IDEQ, which have been outstanding for over five (5) years. PTC and Tier II permit applications and the

­ contents ofthose applications involve strategic economic and business decisions that are made in

BOISE-130765.1 0099999­ 

### 5

# -- reliance ofestablished legal requirements-forPTCs and Tier II permits. Reliance on those existing legal requirements is legitimate and deserves protection, and any modification to those legal requirements requires fair notice, something applicants with PTC and TierII permit applications currentlypendingbefore IDEQ have not been provided. This is especially true considering thatpending permit applications are waitingprocessing and issuance due to no fault ofthe applicants themselves. lACI appreciates IDEQ's willingness to incorporate into the Proposed Rules itsprevious suggestions ofJuly 3, 2001. IACI also appreciates the opportunity to submit additional written comments and looks forward to IDEQ's responses to these comments. lACI will follow the Proposed Rules through the Board ofEnvironmental Quality's meeting in November 2001. Respectfully,

Richard 

### R. Rush Vice-PresidentINatural Resources Idaho Association ofCommerce and Industry



# -



# -

BOISE-130765.1 0099999­ 

### 6

## SIGN-IN ROSTER FOR PUBLIC HEARING Rules for the Control of Air Pollution in Idaho DOCKET NO. 58-0101 -0104 

### LOCATION: DEQ Conference Center, 1410 N. Hilton, Boise, Idaho 

### DATE: October 9, 2001


### NAME MAILING ORGANIZATION DO YOU WISH (PLEASE PRINT) ADDRESS REPRESENTED TO TESTIFY? (IF ANY) (YES/NO) 

## ;&vl/IJ**&~&F** 

# /?cJ.I3dl/ /tJ'6 

# )(/0

# ~f>~ P1 )16**~AlG'5** 

# ;:::-:1> C).JO

### T-/ /

# (~/encl6- 

# Eml,sa...11 ]: r· 732;/ '/CX)O

- 

# 98 II 

# )}e

# !/a.**'1~1'1**

# bk/ :;.:;:z:; B 3B3 

## S­

# 'J:~ v.\»)

# <'('ld~**/(WIIl~~** < 

# k 

# fM**C~V\cJ) w~~Jc** 

# \<~si 

# \/t?­ '?ul$, '" 

# "?>tl

# ~I~ 

# n. i?3

# 7~1 I

# ette4Si?J~~**p~ ~~**  c5t.-- 

# eli\I

# e.5**~** lol 

## 'S. CHtfav 

### ?.J\Y-S( 1cro 

# S3c,,,,Ie-­ 

# -.



# -
"**'~~)0?** 

# "-.}'.' _,,,,,v EXHIBIT 

# ,.f5 ' "

# ~'£r:~ !W E'./O'...-f 0)



### . , .,£Fe;"STATE OF IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY RESPONSE TO PUBLIC COMMENTS RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO



### (Application/Processing Fees for Permits to Construct, Tier II Operating Permits, Permits by Rule) DOCKET NO. 58-0101-0104


### The purpose ofthe rulemaking is to better match the level offunding available to the IDEa permitting program to the level of permit applications received. The fees will support, in part, the costs to IDEa of processing applications for permits to construct (PTC's), Tier" operating permits, and registrations for permits by rule, allowing the agency to better meet the needs of the regulated community. IDEa held two negotiated rulemaking meetings on the Proposed Rule in June, 2001. A public hearing was held on October 9, 2001 with a public comment period from September 5, 2001 through October 9, 2001. The following narrative summarizes the comments received and IDEa's response to those comments.
PUBLIC COMMENTS AND IDEQ RESPONSES
Interstate Concrete 

### & Asphalt Comment 1: It seems as though a set fee of$500 for a permit with an additional fee of $30 perton of potential permitted emissions would be an adequate and fair fee. Underthis structure, a facility that emits more would pay more and vice versa. This structure could be used for new permits and permit modifications IDEQ Response: IDEO considered a set fee and per ton option as suggested by the commenter. After analysis, IDEO determined a per-ton fee does not incorporate consideration ofthe workload and complexity involved in processing different types of permits. In addition, the Department has determined the tiered structure provides an incentive for emission reduction as required under Idaho Code §39-115 and, at the same time, is a structure that can be easily and efficiently administered and implemented. Comment 2: With regard to the Permit By Rule option for Nonmetallic Mineral Processing Plants, all plants, stationary or portable, should pay equal fees. It is the individual company's decision to remain at a stationary location or operate as a portable. Each company is baSically operating the same type of equipmentto produce the end product. IDEQ Response: Companies that choose to operate theirfacilities in permanent locations are subject to more complex permitting requirements and review than portable sources under Idaho statute and Department rule. Ifa portable rock crushing facility chooses to register underthe Permit By Rule option, both th'e facility and IDEQ will have to invest less resources than would 

### be required to prepare and process a permit application. The Permit By Rule option does not change the facility's obligation to meet airquality requirements or IDEQ's responsibility to ensure compliance is maintained.

RESPONSE TO PUBLIC COMMENTS - 1

### Comment 3:

IDEQ Response:

Comment4:

IDEQ Response:

CommentS:

IDEQ Response: Tier II Operating Permit fees could be structured in the same fashion as the PTC fees. If IDEO engineering was needed there would be a set hourly fee that could be agreed upon or the facility may opt to hire an outside engineer to compile the needed information. While consistency is desirable between the two types of permitting fee structures, the Tier II Operating Permit process is very different from the Permit to Construct process. The type of actions and facilities that require Tier II permitting are more complex and, therefore, time-consuming. Regarding using hourly fees for engineering time, IDEO explored this idea but decided on a structure that is easy to administer from an accounting standpoint and that does not involve a complex and time-consuming process to establish and track hourly fee rates. If, in the future, IDEO initiates a rulemaking to streamline the operating permit program, this topic may be reconsidered. Section 225
- Permit to Construct Processing Fee. Say we were to seek a change in fuel for our plant as we have just completed. We would have to apply for a PTC costing $1,000.00 because ours was an old permit written in the old form. Then we would have to pay the process fee of $5,000.00

. Now, ifyou add both ofthese to the $4,000.00 that we had to pay to a private engineering firm because the State could not handle the permit load, we would end up with a whooping $10,000.00 outlay just to able to burn a different fuel to help conserve natural gas. Now to look at the other side ofthe story, ifthe state were to use the process fee of $5,000 in the form of doing the necessary engineering and were able to complete it in a timely fashion, then it would take some ofthe bite out of the process fee. Ifthis is not used for permit engineering then what is the justification of such a large fee? IDEO will use these monies to partially fund IDEa's non-Title V permitting activities. The fees collected will be combined with federal grant dollars and general fund appropriations to support the program. The fees will allow the agency to keep up with the permit needs ofthe regulated community and avoid repetition ofthe situation where applications have to be backlogged. Section 225
- Permit to Construct Processing Fee Chart. Under this section there is a General Permit fee of $500.00 and then a New Source fee of $1,000.00

. What is the difference since the New Source fee covers a source that emits less than one ton per year? Is the General permit required for a facility that emits zero emissions? In the context of Section 225, "General PermW is defined as a source category specific permit for which IDEO has developed standard emission limitations, operating requirements, monitoring and recordkeeping requirements, and that require minimal engineering analYSis. General permit facilities may include portable concrete batch plants, portable hotmix asphalt plants and portable rock crushing plants. IDEO is proposing to add this language to the Proposed Rule for clarification. If a facility

RESPONSE TO PUBLIC COMMENTS - 2 

# c

# -- qualifies for a "General Permit," a 

### $500.00 processing fee will be payable 

# - regardless ofthe annual emissions rate Comment 6: Section 226
- Payment of Fees for Permits to Construct. This section says that the processing fee is payable upon receipt of an assessment. At what point in the process does this assessment occur? Is the PTC issued at the time of payment? IDEQ Response: The processing fee assessment will 

### be sent to the applicant priorto the time the Permit to Construct is issued. The permit will be issued upon receipt of payment as set forth in Section 226.02. Comment 7: Section 

### 407

- Tier" Operating Permit Processing Fee. Is there a 

### $1,000.00 application fee for the Tier II operating permit? IDEQ Response: The Proposed Rule does not include an application fee for Tier II operating permits. DEO is proposing to delete the existing 

### $500 application fee for Tier II permits. CommentS: Section 

### 407

- Tier II Processing Fee Chart. There is a General Permit fee and again a stationary source or facility with permitted emissions of less than one ton per year. Again, what separates or defines the difference? IDEQ Response: In the context of Section 

### 407, "General Permit" is defined as a source category specific permit for which IDEO has developed standard emission limitations, operating requirements, monitoring and recordkeeping requirements, and that require minimal engineering analysis. IDEO is proposing to add this language to the Proposed Rule for clarification. If a facility qualifies for· a "General Permit." a 

### $500.00 processing fee will be payable regardless ofthe annual emissions rate
Comment 9: Section 

### 407

- Tier II ProceSSing Fee Chart. Does it mean that if a company were to add a silo, it would be charged a processing fee of 

### $5,000.00 if its permitted emissions fall between 

### 10 and 

### 100 tons per year? Ifso, it could be conceivable that a company could be taxed 

### $10,000.00 in one year ifthere was a permit modification and renewal fee in the same year. IDEQ Response: Ifthe permittee chooses to treat these as two separate actions, the fee could be 

### $10,000 in one year. Ifthe facility combines these two actions in one submittal, there would only 

### be a single fee of

### $5,000.00 provided the facility is in the referenced emission category.
Idaho Association ofCommerce 

### & Industry Comment 10: Failure by DEQ to comply with regulatory time frames for processing permits should result in: (1) 

### reduction in the assessment of processing fees by fifty percent 

### (50%); and (2) obligation by the agency to inform the Board of Environmental Quality of DEQ's lack of compliance with the rules along with the reasons for failure.

RESPONSE TO PUBLIC COMMENTS - 3

### IDEQ Response:

Comment 

### 11: IDEQ Response:

Comment 

### 12:

IDEQ Response:

Comment 13: The rule should include a requirement for an accounting review to include an assessment of how the collected fees are allocatedand used and a review ofthe fee schedule itselfto determine ifthe fees are reasonable and warranted. The reports generated from the accounting and performance reviews should be submitted to the Board on a biannual basis. The Proposed Rule was developed as authorized under Idaho Code 39­ 115. The fees generated by the new structure are intended to partially fund IDEQ's non-Title V permitting activities and will be combined with the federal grant dollars and general fund appropriations to support the program. The fees will allow the agency to keep up with the permit needs ofthe regulated community and avoid repetition ofthe situation where applications have to be backlogged. The Proposed Rule states that IDEQ will review the fee schedule at least every two years. The Air Quality Permitting Program submits reports to the Board of Environmental Quality and the Idaho Legislature and the Environmental Protection Agency (EPA) as requested. IDEQ is accountable to those entities. IDEa's Director, Board and EPA are routinely updated on program activities. In their oversight roles, the these entities have the option of requesting more frequent reports or updates. Similarly, the Permitting Program responds to any and all requests it receives from the Legislature. It is unnecessary to include these inherent accountabilities in the Rule. The Proposed Rule should not apply retroactively. The proposed effective date ofthe 'rule has been changed. A fee will 

### be payable on applications received or permits issued after July 1, 2002. This time frame should give facilities ample time to budget for the new fee structure and evaluate their business decisions. Section 224
- Permit to Construct Application Fee. IACt requests that the provision in subsection 03 exempting name changes from the application fee read: "Name orOwnership Change. A change in the name or ownership ofthe holder of a permit to construct when no other review or analysis is required." IDEO believes that generally when a change in ownership is requested, some review and analysis is required; however, there may be an occasion when such is not the case. Consequently, IDEO has made the requested revision. Section 225
- Permit to Construct Processing Fee. IACI requests that the Rule 225 make it clear that exemption applicability determinations, corrections oftypographical errors, and name and ownership changes do not require the payment of PTC processing fees to make this Section consistent with Section 407.02.

RESPONSE TO PUBLIC COMMENTS - 4

### IDEQ Response:
Comment 14:

IDEQ Response: Comment 15:

IDEQ Response:

Comment 16:

IDEQ Response: Comment 17:

IDEQ Response:

Comment 18: IDEO has added an additional line in the Permit to Construct Processing Fee table to incorporate this comment. Section 227
- Receipt and Usage of Fees. IACI believes the language should be clearer and suggests "Permit to construct application and processing fee receipt shall be deposited by IDEO into a stationary source permit account. Monies from this account shall be used**~** 

### toward technical, legal and administrative support of IDEa's air quality stationary source Permitto Construct and Tier II permit programs except and shall not be used for those activities supported by the fund created for implementing the operating permit program required under Title V of the federal Clean AirAct amendments of 1990." IDEO has made the requested revision. Section 407
- Tier II Operating Permit Processing Fee. IACI suggests that the provision in subsection 02.c exempting name changes from the processing fee read: "A change in the name or ownership ofthe holder of a Tier II operating permit is requested; or". IDEO believes that generally when a change in ownership is requested, some review and analYSis is required; however, there may be an occasion when such is not the case. Consequently, IDEO has made the requested revision. Section 407.02.d.
- Tier II Operating Permit ProceSSing Fee Not Required. IACI believes the fugitive dust language should be moved to the end ofSection 407.01 for clarity. IDEO has made the requested revision. IDEO may require a stationary source orfacility to obtain a Tier II operating permit or revise an existing Tier II permit. Under these circumstances, the obligation to obtain or revise the permit may be involuntary. This involuntary requirement should not trigger the assessment of processing fees. IACI requests IDEO include language exempting facilities required to obtain a Tier II permit or revision from the fees. IDEO appreciates IACI's concern and it is because ofthe issues raised that there is no proposed application fee for Tier II operating permits. There is, however, a workload involved with processing a Tier II permit. If, in the future, IDEO initiates a rulemaking to streamline the operating permit program, this topic will be reconsidered. Section 409
- Receipt and Usage of Fees. IACI believes the language should be clear and suggests "Tier II operating permit processing fee and delinquency receipts shall be deposited by IDEO into a stationary source permit account. Monies from this account shall be used toward technical. legal and administrative support of IDEa's air quality stationary source Permit to Construct**~nd** 

### Tier II permit programs except and shall

RESPONSE TO PUBLIC COMMENTS - 5

### not be used for those activities supported by the fund created for implementing the operating permit program required underTitle V ofthe federal Clean Air Act amendments of 1990.n 

### IDEQ Response: IDEQ has made the requested revision.


### End ofComments



# -

RESPONSE TO PUBLIC COMMENTS - 6

## MEETING**~~IN** 

## SHEET

, 

### .-' 

# '- )

# ~) Meeting Title: 

### Permit Fee Rule 

### Meeting Meeting Date: 

### June 22,2001



## ('::> 

# ;'0.

## MEETING SIGN-IN SHEET

Meeting Title: Permitting Fee Meeting Meeting Date: June 29, 2001



## nE.G. ':,;?> 

## Jt,V

# c!5 313- 0



# II .Ju.\'\e. 

## \'::I6Vsu..c.h, \

## YM 

# I**1O~ ~**  

## 3CUi 

## .3 

# q s 

# i J 

# 'tar.(
- 

## u**+~** 

## <1 i**~%-h** 

# IlofCiSTATE OF IDAHO 

### DEPARTMENT OF ENVIRONMENTAL QUALITY Board of Environmental Quality

1410 North Hilton, BOise, 1083706-1255, (208) 373-0502 Dirk Kempthorne, Governor C, Stephen Allred, Director
DECLARATION OF RULEMAKING BY THE BOARD OF ENVIRONMENTAL QUALITY ADOPTION OF PENDING RULE DOCKET NO. 58·0101-0104 Pursuant to the authority granted to the Board of Environmental Quality in Title 

### 39, Chapter 

### 1, Idaho Code, and under the provisions for pending rule adoption contained in Section 67-5224, Idaho Code, 

### I declare that the Board of Environmental Quality adopted, as pending rules, the Rules for the Control ofAir Pollution in Idaho as presented in the attached Final Proposal. 

## 11-'i-UJO) Date airman STATE OF IDAHO 

### ) 

### ) ss. County ofAda 

### ) On this of November, 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared Donald 

### J. Chisholm, Chairman, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have set my hand and affixed my official seal the day and year in this certificate first above written.

;:: t { r, ; .r; ('**.~)** i t,:- ;

# -- RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO 

# - PENDING RULE DOCKET NO. 58·0101·0104 FINAL PROPOSAL The initial proposal appeared in the Idaho Administrative Bulletin, Volume 01·9, September 5, 2001, pages 168 through 204. The Department of Environmental Quality recommends that the Board of Environmental Quality take the following action. IDAPA 58.01.01.006 IDAPA 58.01.01.007 IDAPA 58.01.01.200 through 202, 209 IDAPA 58.01.01.224 IDAPA 58.01.01.225 IDAPA 58.01.01.226 IDAPA 58.01.01.227 IDAPA 58.01.01.228 IDAPA 58.01.01.300, 322, 380, 387 through 404 IDAPA 58.01.01.407 IDAPA 58.01.01.408 IDAPA 58.01.01.409 IDAPA 58.01.01.410 IDAPA 58.01.01.470 IDAPA 58.01.01.800 IDAPA 58.01.01.801 IDAPA 58.01.01.802 ADOPT AS INITIALLY PROPOSED ADOPT AS INITIALLY PROPOSED ADOPT AS INITIALLY PROPOSED ADOPT AS AMENDED ADOPT AS AMENDED ADOPT AS tNITIALLY PROPOSED ADOPT AS AMENDED ADOPT AS INITIALLY PROPOSED ADOPT AS INITIALLY PROPOSED ADOPT AS AMENDED ADOPT AS INITIALLY PROPOSED ADOPT AS AMENDED ADOPT AS INITIALLY PROPOSED ADOPT AS INITIALLY PROPOSED ADOPT AS INITIALLY PROPOSED ADOPT AS INITIALLY PROPOSED ADOPT AS AMENDED

## RULE PROMULGATION AUTHORITY CHECKLIST Rules for the Control ofAir Pollution in Idaho, IDAPA 58.01.01 Docket No. 58-0101-0104 DATE 

# I]



# U-t(tJ I

# ~O\ 

# Wnl
1

# ~O!OI 01/411 

# ,­

J

# ~ I

# °

{;'v{(O(**~()I** INITIALS
Legal

# Revi~W o! ProP?s,ed Ad'!'inistrative Rules Form

# ,J 

# !IJ././**tJp(jfAf[j'tz;t:Jfd'~ ~**  Director

## ~ppro\lal

# 01 Propose9 Administrative Rules Form

## ~ 

# , No

# tr0'

# 15

# "*tJt uli**cfM'1Afo,k~~**

# ~r Approval Received from DFM/Governor i

# fI--f+--~_/ Legal Review of Proposedrremporary Rule Docket (!.SA-Director Approval of ProposedfT emporary Rule Docket

# t\/~ Board Adoption ofTemporary 

## Rule Legal Review of Pendingrremporary Rule Docket 

# Yrfo**~~or** Approval of PendinglTemporary Rule Docket


## Board Adoption of Pendingrremporary.Rule

### Docket Number: 58-0101-0104 Effective Date: July 

### 1. 2002 

### Public Notice Negotiated Rule Making: [X] Yes []No Rules Title: Rules for the Control ofAir Pollution in 

### Idaho Groups Involved: List attached. Agency Contact and Phone: 

### Kate Kelly. 373-0445 6/22/01, 6/29/01


### Descriptive Summary: Economic growth in Idaho has resulted in a corresponding rise in the air quality permitting needs of the regulated community. The purpose ofthe rulemaking is to better match the level offunding available to the Department of Environmental Quality (DEQ) air quality permitting program to the level of permit applications received. The fee will support, in part, the costs to DEQ ofprocessing applications for 

### permits to construct (PTCs) and Tier II operating permits, and registrations for permits by rule, allowing the agency to better meet the needs ofthe regulated community. Persons proposing or operating existing stationary sources ofair pollutant emissions and required to obtain construction or operating permits may be affected by the rule. During its 2001 session, the Idaho Legislature appropriated $310,000 contract funds to DEQ to be used by the agency to eliminate the existing permit backlog during FY2002. Without further legislative action, this money will not be available in the out years. At the same time, however, the permit workload is expected to stay the same or increase. For this reason. as a matter of strategiC planning, DEQ has determined that it is prudent to lookfor a more permanent and stable source offunding. To this end, DEQ is proposing this rule adopting a fee structure for air quality permits to construct and Tier 2 operating permits. The rule was developed through a negotiation that included affected industries. The fees generated by the new structure are intended to partially fund DEQ's non-Title V permitting activities. and will be combined with the federal grant dollars and general fund appropriations to support the program. These types offees exist in many other states. The fees will allow the agency to keep upwith the permit needs ofthe regulated community and avoid repetition ofthe situation where applications have to be backlogged. As proposed, the rule adopts a permit to construct application fee, as well as processing fee schedules for calculating permit to construct and Tier II operating permit processing fees. The rule also includes a registration fee for owners ofqualified facilities opting to register with DEQ under Sections 790 through 799 in lieu ofobtaining an individual permit. The fee schedules are structured to provide an incentive for emission reduction as required by §39-115(3), Idaho Code. This rulemaking also includes nonsubstantive corrections to rule section references within the rule chapter. DEQ received public comments concerning the proposed rule and has revised the initial proposal as allowed under Idaho Code §67-5227. DEQ recommends that the Board of Environmental Quality adopt the rule. as presented in the final proposal. as a pending rule with afinal effective date ofJuly 1, 2002. The rule is subject to review by the Legislature before becoming final. Hearings: [X] Yes [] No Locations and Dates: Boise, 10/9/01



### Written Comment Deadline: 10/9101 

### Other Opportunities to Comment: 

### N/A

Cost Impact: This rule 

### will result in fees paid to the State of Idaho 

### by the regulated community.



### Relevant Law: Idaho Code §§ 39-105 ,39-107. 39-115(3), 39-128



### Alternatives: Ifadopted: Monies will be collected from industries required to obtain air quality permits to help support the costs to DEQ of maintaining the permit program. Receipt of the fees should allow the agency to keep up with the permit needs ofthe regulated community and avoid repetition ofa situation where applications have to be backlogged due to lack of resources. If not adopted: Funds available to DEQ to support the air quality permitting program may not keep up with the permit workload. DEQ will need to eitherfind a more permanent and stable source of program funding, or live with a situation where a backlog of permit applications exists. 

# , (') Ruler

# ~and Public Comment Summary

- Page 1

# ) L Rule [ 1Necessary to protect public health, safety or welfare [ ) Compliance with deadlines in amendments to governing law or federal programs [ ] Conferring a benefit


### Docket Number: 

### 58-0101-0104 Effective Date: July 

### 1. 

### 2002 Rules Title: Rules for the Control ofAir Pollution 

### in Idaho

Section Existing Rule Summary Temporary and/or Proposed Rule Summary Summary ofRule Changes Based on Public Comment Outstanding Issues 

## 006 General Definitions. Revised references to internal citations in defmition ofPermit No comment received. No change. None.

to Construct and Regulated Air Pollutant. 

## 007 Definitions for the Purpose of Sections 

## 200 through 

## 223 and 

## 400 Through 

## 461. Revised references to internal citation in section heading. No comment received. No change. None.

! 

## 200 through Procedures and Requirements Revised references to internal No comment received. No None. 

## 202 and 

## 209 for Permits to Construct. citations. change. ! i 

## 224 New section. Permit to Construct Application Fee. sgis**sect~n** 

### has been changed. ee attac ed response to comments. None. 

## 225 New section. Permit to Construct Processing This section has been changed. None. Fee. See attached response to comments. 

## 226 New section. Payment ofFees for Permits to Construct. No change. See attached response to comments. None. 

## 227 New section. Receipt and usage offees. This section has been Changed. None. See attached response to comments 

## 228 New section. Appeals. No comment received. No change. None. 

## 300 Procedures and Requirements Revised references to internal No comment received. No None. 

## 322 for Tier I Operating Permits. citations. change. 

## 380 387 through 

## 404

-- 

### Rulemaking and Public Comment Summary

- Page 2

### Section Existing Rule Summary Temporary and/or Proposed Rule Summary Summary ofRule Changes Based on Public Comment Outstanding Issues 407 New section. Tier II Operating Pennit Processing Fee. Subsection 407.02.a changed for clarification; no comment received. Subsections 407.01 and 407.02.c have been changed. See attached response to comments. None.

408 New section. Payment ofTier II Operating Pennit Processing Fee. No comment received. No change. None. 409 New section. Receipt and Usage ofFees. This section has been changed. See attached response to comments. None.

410 New section. Appeals. No comment received. No change. None. 470 Pennit Application Fees for Tier II Pennits. Deleted. No longer necessary. No comment received. No change. None. 800 New section. Registration Fee for Pennit by Rule. No comment received. No change. None. 801 New section. Payment ofFees for Pennits by Rule Registration. No comment received. No change. None. 802 New section. Receipt and Usage ofFees. No comment received. Changed for consistency with Sections 227 and 409. None.



# r) I) Rulemaking and Public Comment Sl

- Page 3

### • IDAPA 58

- DEPARTMENT OFENVIRONMENTAL QUALITY 58.01.01

- RULES FORTHE CONTROL OFAIRPOLLUTIONINIDAHO DOCKETNO. 58-0101-0104 NOTICE OFPENDING RULE EFFECTIVE DATE: This rule has been adopted by the Board ofEnvironmental Quality and is now pending review by the 2002 Idaho State Legislature for final approval. The pending rule will become final and effective July 1, 2002 ifthe rule is approved by concurrent resolution in accordance with Sections 67-5224 and 67-5291, Idaho Code. The rule may be rejected, amended ormodified by concurrent resolution ofthe Legislature. AUTHORITY: In compliance with Idaho Code Section 67-5224, notice is hereby given that the Board has adopted a pending rule. This action is authorized by Sections 39-105 and 39-107. The collection offees is authorized by Sections 39-115(3) and 39-119, Idaho Code. DESCRIPTIVE SUMMARY: Economic growth in Idaho has resulted in a corresponding rise in the air quality permitting needs ofthe regulated community. The purpose ofthe rulemaking is to better match the level offunding available to the Department ofEnvironmental Quality (DEQ) air quality permitting program to the level ofpermit applications received. The fee wil1 support, in part, the costs to DEQ of processing applications for permits to construct (PTCs) and Tier II operating permits, and registrations for permits by rule, allowing the agency to better meet the needs ofthe regulated community. Persons proposing or operating existing stationary sources of air pollutant emissions and required to obtain construction or operating permits may be affected by the rule. During its 2001 session, the Idaho Legislature appropriated $310,000 contract funds to DEQ to be 

# - used by the agency to eliminate the existing permit backlog during FY2002. Without further legislative action, this money wi)] notbe available in the out years. At the same time, however, the permit workload is expected to stay the same or increase. For this reason, as a matter ofstrategic planning, DEQ has determined that it is prudent to look for a more permanent and stable source of funding. To this end, the Board ofEnvironmental Quality has adopted a fee structure for air qua1ity

. permits to construct and Tier 2 operating permits. The rule was developed through a negotiation that included affected industries. The fees generated by the new structure are intended to partially fund DEQ's non-Title V permitting activities, and will be combined with the federal grant dollars and general fund appropriations to support the program. These types offees exist in many other states. The fees will allow the agencyto keep up with the permit needs ofthe regulated community and avoid repetition ofthe situation where applications have to bebacklogged. The initial proposal appeared in the Idaho Administrative Bulletin, Volume 01-9, September 5, 2001, pages 168 through 206. DEQ received public comments on the proposal. The rulemaking record, which includes DEQ's response to comments, can be obtained by contacting the undersigned. Sections 224, 225, 227, 407, 409, and 802 have been changed as atIowed under Section 67-6227, Idaho Code. The remaining sections have been adopted as initiallyproposed. FEE SUMMARY: This rule adopts a permitto construct application fee, as well as processing fee schedules for calculating permit to construct and TierII operating permit processing fees. The rule also includes a registration fee for owners ofqualified facilities opting to register with DEQ under Sections 790 through 799 in lieu ofobtaining lm 

### individual permit. The fee schedules are structured to provide an incentive for emission reduction as required by Section 39-115(3), Idaho Code. Collection ofthe fees is authorized by Sections 39-115(3) and 39-119,Idaho Code. GENERAL INFORMATION: For more information about DEQ's programs and activities, visit its web site atwww.state.id.usldeq

. 

### :' -'J r

__ • .J Ij**~.**

# -1 

### ASSISTANCE ON TECHNICAL QUESTIONS: For assistance on questions concerning this rulemaking, contact Phyllis Heitman at (208)373-0502, pheitman@deq.state.id.us. Dated this

__ day ofNovember, 200I.

Paula 

### J. Gradwohl Environmental Quality Section Attorney General's Office 1410 N. Hilton Boise, Idaho 83706-1255 (208)373-0418IFax No. (208)373-0481 pgradwoh@deq.state.id.us

# -

# -- Text ofDocket No. 58-0101-0104 224. PERMIT TO CONSTRUCT APPLICATION FEE. All applicants for a pennitto construct shall submit a pennitto construct application fee ofone thousand dollars ($1.000) to the Department at the time ofthe original submission ofthe application. Thepermit to construct application fee is notrequired to be submitted for: ( ) 01. Exemption Applicability Determinations. Exemption applicability determinations set forth in Sections 220 through 223; ( ) 02. TypographicalErrors. Changes to correcttypographical errors; or ( ) 03. Name or Ownership Change. A change in the name or ownership ofthe holder ofapennit to construct when theDepartmentdetermines no otherreview oranalysis is reQ,llired, ( ) 225. PERMIT TO CONSTRUCTPROCESSING FEE. A pennit to construct processing fee, calculated by the Department pursuant to the categories provided in the following table. shall be paid to the Department by the person receiving the permit. The applicable processing fee categOlY shall be detennined by adding together the amount of increases of regulated pollutant emissions and subtracting any decreases of regulated pollutant emissions as identified in the pennit to construct. The fee calculation shall not include fugitive emissions,

( ) (BREAK IN CONTINUITY OF SECTIONS) 227. RECEIPT ANDUSAGE OFFEES. Pennit to construct application and processing fee receipts shallbe deposited bythe Department into a stationary source pennit account. Monies from this account shall be usedsolely toward technical. legal and administrative support ofthe Department'sPennit to Construct andTier 11permit programs andshallnot be used for those activities supportedbythe fund createdfor implementing the qperating permitprogram reQllired underTitle

### V of the federal Clean Air Act amendments of 1990. Thepermitto construct application fee payableunder Section 227 shall beretained by the Departmentregardless ofwhether a pennitto construct is issuedbythe Department in response to an application. The Departmentwill review the fee schedule at least even' two (2) years, ()(BREAK IN CONTINUITY OF SECTIONS) 

### 407. TIERII OPERATINGPERMIT PROCESSING FEE. 01. Tier 

### II Operating Permit Processing Fee. A Tier II operating permit**processin~** fee. calculated by the Department pursuant to the categories provided in the following table, shall be paid to the Department by the person receiving a Tier II permit or permit renewal. The fee calculation shall not includefugitive emissions.

( ) 02. Tier

### II OperatingPermitProcessingFee Not Required. So long as the Devartmentdetermines no otherreview or anal:ysis is reqyired, the Tier II operating permitprocessing fee is notrequired to be submitted when: ( )



### a. 

### Apermitto construct issuedwithin the lastfive years is rolled into a Tier II permit: ( ) 

### b. A changeto correcttypographical errors is requested; ( )

c. A change in the name or ownership ofthe holder ofa TierII operating permit is requested: or 

### ( ) d. A synthetic minorpermit is issued and the Department's processing costs can be charged against fees collectedfrom the personreceiving thepermitunderTitle

### Yofthe federal Clean Air Act amendments of 1990. 

### ( ) (BREAK IN CONTINUITY OF SECTIONS) 

### 409. RECEIPTAND USAGE OFFEES. TierII operating permitprocessing fee and delinqyency interestreceipts shallbe deposited 

### by theDepartment into a stationary source permit account. Monies

### from this account shall be usedsolelYtowardtechnical, legal and administrative support ofthe DElPartment's Permitto ConstructandTier IIpermit**pro~s** andshallnotbe used for those activities SUSlported bythe fund created for implementing

### the Qperating permit program required under Title 

### Y ofthe federal Clean Air Actamendments of 1990. 

### The DElPartment will review the Tier II fee schedule at least every two (2)years. ( ) (BREAK IN CONTINUITY OF SECTIONS) 

### 802. RECEIPT AND USAGE OFFEES. Pennit

### byrule registration fee receipts shallbe dElPosited 

### by the DElPartment into a stationary sourcepermit account. Monies from this account shall beused

### so/ely toward technical. legal and administrative support ofthe



### 2

# -, Department's Permit to Construct and Tier IIpermitprograms andshallnot be usedfor those activities supported by the fund created for implementing the operating permitpro&f3lIl required under Title Y ofthe federal Clean Air Act amendments of 1990. Fees payable under Section 800 shan be retainedbythe Department regardless ofwhether apermit byrule registration is accepted bythe Department in response to a registration request. ()

3FINAL TEXT OF DOCKET NO. 58-0101·0104

006. GENERAL DEFINITIONS. 84. Regulated AirPollutant. The following air pollutants: (4-5-00) f. Any air pollutant listed in Sections 585, 586, or subject to regulation pursuant to Section 161. Unless otherwise listed in Subsections 006.84.a. through 006.84.e., these pollutants do not constitute regulated air pollutants for purposes ofSections 300 through 399. (7-1-02) (BREAK IN CONTINUITY OF SECTIONS) 007. DEFINITIONS FOR THE PURPOSES OF SECTIONS 200 THROUGH 228 AND 400 THROUGH 461. (BREAK IN CONTINITY OF SECTIONS) 200. PROCEDURES AND REQUIREMENTS FORPERMITSTO CONSTRUCT. The purposes ofSections 200 through 228 is to establish uniform procedures and requirements for the issuance of "Permits to Construct." (7-1-02) 201. PERMIT TO CONSTRUCT REQUIRED. No owner or operator may commence construction or modification ofany stationary source, facility, major facility, ormajor modification without first obtaining a permit toconstruct from the Department which satisfies the requirements ofSections 200 through 228 unless the source is exempted in any ofSections 220 through 223, the owner or operator complies with Section 213 and obtains the required permittoconstruct, or the source operates in accordance with all ofthe applicable provisions ofa permit by rule. (7-1-02) 202. APPLICATION PROCEDURES. Application for a permit to construct must be made using forms furnished by the Department, or by othermeans prescribed by the Department. The application shall be certified by the responsible official in accordance with Section 123 and shall be accompanied by all information necessary to perform any analysis or make any determination required Wlder Sections 200 through 228. (7-1-02) (BREAK IN CONTINUITY OF SECTIONS) 209. PROCEDURE FORISSUING PERMITS. 04. Revisions OfPermitsTo Construct. The Director may approve a revision ofany permitto construct provided the stationary source or facility continues to meet all applicable requirements ofSections 200 through 228. Revised permits will be issued pursuant to procedures for issuing permits (Section 209), except that the requirements ofSubsections 209.01.c., 209.02.a, and 209.02.b., shall only apply ifthe permit revision results in an increase in emissions authorized bythe permit or ifdeemed appropriate by the Director. (7-1-02) (BREAKIN CONTINUITY OF SECTIONS) 224. PERMIT TO CONSTRUCT APPLICATION FEE. All applicants for a permit to construct shall submit a permit to construct application fee ofone thousand dollars 

### ($I,OOO) to the Department atthetime ofthe original submission ofthe application. The permit to construct application fee is notrequired to be submitted for: (7-1-02) 01. Exemption Applicability Determinations. Exemption applicability determinations set forth in Sections 220 through 223; (7-1-02) 02. Typograpbical Errors. Changes to correct typographical errors; or (7-1-02)

# - 03. Name Or Ownership Change. A change in the nameor ownership oftheholder ofa permitto construct when theDepartment determinesno otherreview or analysis is required. (7-1-02) 225. PERMIT TO CONSTRUCT PROCESSING FEE. A permit to construct processing fee, calculated by the Department pursuant to 

### tn;;: categories provided in the following table, shall be paid to the Department by the person receiving the permit The applicable processing fee category shall be determined by adding together the amount of increases of regulated pollutant emissions and subtracting any decreases of regulated pollutant emissions as identified in the permit to construct. The fee calculation shallnot include fugitive emissions. PERMIT TOCONSTRUCT CATEGORY FEE General permit, no facility-specific requirements (Defined as a source category specific**~ermit** for which the Department has developed standard emission limitations, operating •equirements, monitoring and recordkeeping requirements, andthat require minimal**b~gineering** analysis. General permit facilities may includeportable concrete batch plants,

. ortable hot-mix asphalt plants and portablerock crushing plants.)**~500**

New source or modification toexisting source with increase ofemissions oflessthan one (I)

### ~on peryear**~I,OOO** /New source or modification to existing source with increase ofemissions ofone (I)to less than ten (10) tons per year**~2,500** New source ormodification to existing source with increase ofemissions often (10) to less than onehundred (I 00) tonsper year**~5,000** New source or modification to existing source with increase ofemissions ofone hundred

100) tons peryear or more exemptunder Subsection 205.04 $7,500 Newmajor facility or majormodification not exempt under Subsection 205.04. SIO,OOO Permitmodifications where no engineering analysis is required S250 Application submittals for exemption applicability determinations, typographical errors, and name andownership changes as described in Subsections 224.0I, 224.02, 224.03 :!i0.00
(7-1-02) 226. PAYMENTOFFEES FORPERMITSTO CONSTRUCT. 01. Fee Submittal. The permit to construct application fee shall be submitted with the application. The permit to construct processing fee shall be payable upon receipt ofan assessment sent to the person receiving a permit bythe Department. The permit to construct application and processing fees shall be sentto: Air QualityPermittoConstruct Fees Fiscal Office, Idaho Department ofEnvironmental Quality 1410 N. Hilton, Boise, ID 83706-1255 (7-1-02) 02. Delinquency. No application for a permit to construct shall 

### be processed bythe Department unless accompanied by a permit to construct application fee. No permitto construct shall be issued by the Department until the Departmenthasreceived the permitto constructprocessing fee. (7-1-02)



# -227. 

### RECEIYf AND USAGE OFFEES.

- Permit to construct application and processing fee receipts shall 

### be deposited by the Department into a stationary source permit account. Monies from this account shall 

### be used solely toward technical, legal and administrative support ofthe Department's permitto Construct and Tier 

### IJ permit programs and shall not 

### be used for those activities supported by the fimd created for implementing the operating permit program required under Title V ofthe federal Clean Air Act amendments of 1990. Thepermitto construct application fee payable under Section 227**sh~lI** 

### be retained by the Department regardless ofwhether a permit to construct is issued by the Department 

### in response to an application. The Department will reviewthe fee schedule at least every two (2) years. (7-1-02) 228. 

### APPEALS. 

### A person may 

### be able to file an appeal within thirty (30) days ofthe date the person receives an assessment from the Department under Section 225, in accordance with IDAPA 58.01.23, "Rules ofAdministrative Procedure Before the Board ofEnvironmental Quality". (7-1-02) 

### 229.

-- 299. (RESERVED).(BREAK IN CONTINUITY OF SECTIONS) 300. 

### PROCEDURES AND REQUIREMENTSFORTIERI OPERATING PERMITS. The purposes ofSections 300 through 399 are to establish requirements and procedures for the issuance ofTier I operating permits. (7-1-02) 

### (BREAKIN CONTINUITY OFSECTIONS) 322. STANDARD CONTENTS OFTIER I OPERATING PERMITS. All Tier I operating permits shall contain and the Department shall have the authority to impose, implement and enforce, the following elements for all permitted operating scenarios and emissions trading scenarios. Fugitive emissions shall 

### be included in the Tier I operating permit in the same manner as stack emissions. (3-23-98) 

### 15. General Requirements. Each Tier 

### I operating permit shall contain provisions stating the following: (5-1-94)

n. The owner or operator ofa Tier 1 source shall pay registration fees to the Department in accordance with Sections 387 through 399, which are hereby incorporated by reference. (7-1-02) 

### (BREAK IN CONTINUITY OF SECTIONS) 380. 

### CHANGESTOTIER I OPERATING PERMITS. 01. 

### Applicability. Sections 380 through 399 establish procedures and requirements for permit revisions and changesrequiring notice. These provisions do not alter the requirements for permits to construct set forth at Sections 200 through 228. (7-1-02) 

### (BREAKIN CONTINUITY OFSECTIONS) 387. 

### REGISTRATION AND REGISTRATION FEES. The purpose ofSections 387 through 399 is to establish criteria for the registration ofemissions and the payment of fees for Tier 1permits. The fee structure isto provide flexibility and financial stability to theDepartment program.(7-1-02) 388. 

### APPLICABILITY. In any given year, Sections 387 through 399 shall apply to all major facilities, asdefined in Section 008. Facilities, sources and emissions exempt under Section 301 arenot required toregister orpay fees. (7-1-02)

### 389. REGISTRATION. Any person owning or operating a facility or source for which Sections 387 through 399 applies shall, by May 1, 1993 and each May I thereafter register with the Department and submit the following: (7-1-02) 06. Regulated AirPollutant Registration Fee. The registration fee set out in Subsection 389.06 shall 

### be reviewed at least everytwo (2) years to assure the funds meet**tll~** 

### presumptive mi'1i!!1um as defined

### by pPA. 

### The , annual registration fee set forth in Subsection 389.06.a. may be paid in two (2) installments as provided in Subsection 393.0

### I. Fees for pennit modifications or pennitrenewals in Subsection 389.06.b. shaH 

### be submitted with the application. (7-1-02)

a. The Tier I 

### annual fee schedule shall 

### be as follows: (3-30-01) i. A fixed annual fee for Tier I 

### major sources with regulated airpollutants listed in Subsection 389.04 emissions as follows: (7-1-02) ii. A per ton annual fee ofthirty dollars ($30) per ton for all regulated airpollutant emissions for Tier I 

### major sources listed in Subsection 389.04 as follows: (7-1-02)

c. In the event themonies collected pursuant to Subsection 389.06 fail to meet thepresumptive minimum established by40 CFR Part 70, any shortfall shall be expended from the Idaho air quality permitting fund as necessary in accordance with Section 39-1180(2), Idaho Code. (7-1-02) 07. Radionuclide Registration Fee. A registration fee offive dollars per curie per year ($5/curie/year) for facilities regulated under 40 CFR Part 61, Subpart H. 

### Theregistration 

### tee maybepaid in two (2) installments as provided in Subsection 393.01. (7-1-02) 390. REQUEST FOR INFORMATION. Any additional information, plans, specifications, evidence or documentsthat the Departmentmayrequire to make

­ the determinations required under Sections 387 through 399 shall 

### be furnished on request. (7-1-02) 391. REGISTRATION FEE. All facilities to which this Section 391 applies shall pay to the Department an annual registration fee as required by Subsections 389.06 and 389.07. The Department shall detennine the fee based on the information supplied by the registrant and the Department's analysis and engineering and technical practice. 

### In the event ofa failure ofa facility to submit pertinentregistration information, theDepartment may calculatethe fee and shall assess the facility the fee and the costs ofcalculating the fee. The Department may employ private contractors to determine the registration fee. (7-1-02) 395. APPEALS. Persons may file an appeal within thirty (30) days ofthe date theperson received the assessment and receipt issued under Subsection 392.03, or within thirty (30) days ofthedatethe person received an assessment issued under Sections 391 or 396. The appeal shall 

### be filed in accordance with IDAPA 58.01.23, "Rules ofAdministrative Procedure Beforethe Board ofEnvironmental Quality". (7-1-02) 398. EXEMPTIONS. 01. Registration Fees. The following facilities or sources are exempt from paying registration fees under Sections 387 through 399: (7-1-02) 02. Registering And PayingFees. The following facilities or sources are exempt from registering and payingregistration fees under Sections 387 through 399: (7-1-02) 03. Paying Fees. The following emissions are exempt from registering and paying registration fees under Sections 387 through 399: (7-1-02) 

# ­

### 399. LUMP SUM PAYMENTS OFREGISTRATION FEES. 01. Agreement. The Department may, in its discretion, enter an agreement with any person for the lump sum payment ofall, or any portion of, the registration fees required by Section 389. (7-1-02) 03. Payment Waiver. Upon the execution and full performance ofthe agreementby the person, the Department shall waive the paymentrequirements ofSection 389. All other provisions ofSection 389 shall remain applicable to the person. (7-I-02) 400. PROCEDURES AND REQUIREMENTS FORTIER II OPERATING PERMITS. The purpose ofSections 400 through 410 is to establish uniform procedures for the issuance of"Tier II 

### Operating Permits". (7-1-02) 401. TIER II OPERATING PERMIT. 01. Optional Tier U Operating Permits. The owner or operator ofany stationary source or facility which is not subject to (or wishes to accept limitations on the facility's potential to emit so as tonot be 

### subject to) Sections 300 through 399 may apply tothe Department for an operating permit to: (7-1-02) 02. Required Tier II OperatingPermits. ATier II

### operating pennit is required for any stationary source or facility which is not subject to Sections 300 through 399 with a pennit to construct which establishes any emission standard different from those in these rules. (7-1-02) 402. APPLICATION PROCEDURES. Application for aTier II

### operating pennit must be

### made using forms furnished by the Department, or by other means prescribed by the Department. The application shall be 

### certified by the responsible official and shall be accompanied by all information necessary to perform any analysis or make any determination required under Sections 400 through 410. (7

### -1-02) 04. Additional Information. Any additional information, plans, specifications, evidence or documents that the Department may require to make the determinations required under Sections 400 through 410 shall be furnished upon request (7-1-02) (BREAK IN CONTINUITY SECTIONS) 404. PROCEDURE FOR ISSUING PERMITS. 04. Permit Revision Or Renewal. The Director may approve a revision of any Tier II operating permit or renewal of any Tier II operating permit provided the stationary source or facility continues to meet all applicable requirements of Sections 400 through 410. Revised permits will be issued pursuant to procedures for issuing permits (Section 404), except that the requirements of Subsection 404.01.c. shall only apply ifthe pennit revision results in an increase in allowable emissions or ifdeemed appropriate by the Director. Renewed Tier II operating permits will be issued pursuant to procedures for issuing pennits (Section 404), except that the requirements ofSubsections 404.01.c., and 404.02.b. through 404.02.e. shall only apply ifthe permit revision results in an increase in allowable emissions or ifdeemed appropriate by the Director. The expiration ofa pennit will not affect the operation ofa stationary source or a facility during the administrative procedure period associated with the permitrenewal process. (7-1-02)
(BREAK IN CONTINUITY OF SECTIONS) 407. TIER II OPERATING PERMIT PROCESSING FEE. 01. Tier II Operating Permit Processing Fee. A Tier II operating permit processing fee, calculated by the Department pursuant to the categories provided in the following table, shall be 

### paid to the Department by the person receiving a Tier II pennit or permit renewal. The fee calculation shallnot include fugitive emissions. 

# - TIER II OPERATING PERMlT CATEGORY FEE General permit, no facility specific requirements (Defined as a source category specific permit for which the Department has developed standard emission limitations, operating equirements, monitoring and**recordk~ping** requirements, and that require minima ¢ngineering analysis.)

. $500

Stationary sources or facilities with permitted emissions oflessthan one (1)ton per 1,250 Stationary sources or facilities with permitted emissions ofone (J) to less thanten (J 0) ons peryear $2,500 Stationary sources or facilities with permitted emissions often (10) to less than one hundred (100) tons peryear $5,000 Stationary sources or facilities with permitted emissions ofone hundred (100) tons or more per year $10,000 Syntheticminor stationary sources with permitted emissions below a majorthreshold level$10,000 (7-1-02) 02. Tier IIOperating Permit Processing Fee Not Required. So long astheDepartment determines no other review or analysis is required, the Tier II operating permitprocessing fee is not required to be submitted when: (7-1-02)

a. A permitto construct issued within the last five (5) years isrolled into a Tier II permit; (7-1-02) b. A changeto correct typographical errors is requested; (7-1-02)

c. A change in the name or ownership oftheholder ofa Tier II operating permit is requested; or (7-1-02) d. A synthetic minor permit is issued and the Department's processing costs can be charged against fees collected from the person receiving the permit under Title V ofthe federal Clean Air Act amendments of 1990.(7-1-02) 408. PAYMENT OFTIER IIOPERATING PERMIT PROCESSING FEE. 01. Fee Submittal. The Tier II operating permit processing fee shall 

### be payable upon receipt of an assessment 

### sent. along with the final permit orpermitrenewal, to the person receiving a permit or permit renewal by the Department The Tier II operating permit fee should 

### be sent to: Air Quality Tier II Fees Fiscal Office Idaho Department ofEnvironmental Quality 1410 N. Hilton, Boise, ID 83706-1255 (7-1-02) 02. Delinquency. Failure to submit a Tier II operating permit processing fee within forty-five (45) days ofreceipt ofan assessment bythe Department wil1 result in a monthly accrual ofinterest in the amount of twelve percent (12%) per annum on the outstanding balance until the fee is paid in full. (7-1-02) 409. RECEIPT AND USAGE OF FEES. Tier II operating permit processing fee anddelinquency interest receipts shall 

### be deposited by the Department into a stationary source permit account. Monies from this account shall 

### be used solelytoward technical, legal and administrative support ofthe Department's Permit to Construct and Tier II permitprograms and shall not 

### be used for those activities supported bythe fund created for implementing the operating permit program required under Title V ofthe federal Clean Air Act amendments of 1990. The Department will review the Tier II fee schedule at least every 

# - two (2) years. (7-1-02)

### 410. APPEALS. - A person may 

### be able to file an appeal within thirty (30) days ofthe date the person receives an assessment ooder Section 407, in accordance with IDAPA 58.01.23, "Rules ofAdministrative Procedure Before the Board of Environmental Quality". (7-1-02) 

### 411.

-- 439. 

### (RESERVED).(BREAK IN CONTINUITY OF SECTIONS) 462.

-- 499. 

### (RESERVED). (BREAK IN CONTINUITY OF SECTIONS) 517.

-- 549. 

### (RESERVED). (BREAK IN CONTINUITY OF SECTIONS) 800. REGISTRATION FEE FORPERMIT BY RULE. A registration fee oftwo hoodred fifty dollars ($250) shall be submittedto the Department with each permitby rule registration. (7-1-02) 

### 801. PAYMENT OF FEES FORPERMITSBY RULE REGISTRATION. Thepermit by rule registration fee shall 

### be paid in its entirety at the timethe required registration form is submitted to the Department. The permit by rule registration form and fee should 

### be sent to: Permit by Rule Registration Fees Fiscal Office Idaho Department ofEnvironmental Quality 1410 N. Hilton, Boise, ID 83706-1255 (7-1-02) 

### 802. RECEIPT AND USAGE OF FEES. Permit by ruleregistration fee receipts shaH 

### be deposited by the Department into a stationary source permit account. Monies from this accooot shall 

### be used solely toward technical, legal and administrative support ofthe Department's Permitto Construct and TierII permitprograms and shall not 

### be used for those activities supported bythe fund created for implementing the operating permit program required ooder Title V ofthe federal Clean Air Act amendments of 1990. Fees payable under Section 800 shall be retained bythe Departmentregardless ofwhether a permitby ruleregistration is accepted by the Department in response to a registration request. (7-1-02) 803.

-- 804• 

### (RESERVED).

.

# ­

# -