# .­ STATE OF IDAHO 

### DEPARTMENT OF ENVIRONMENTAL QUALITY

1410 North Hilton· Boise. Idaho 83706-1255· (208) 373-0502 Dirk Kempthome. Governor Toni Hardesty. Director 

### July 13, 2005

Ron Kreizenbeck Regional Administrator U.S. EPA, Region 10 1200 Sixth Avenue Seattle, WA 98101 Re: state Implementation Plan Rule Revisions NGu..I

### ~Dur(e 

# KGv iev Dear Mr. Kreizenbeck: Enclosed for your review and approval are an original and four copies 

### of revisions tothe Department of Environmental Quality's (DEQ) Rules forthe Control 

### ofAir Pollution in Idaho, IDAPA 58.01.01. DEQ 

### is seeking Environmental Protection Agency (EPA) approval 

### ofthe following revisions as an update to the contents of

### the Idaho State Implementation Plan (SIP). 40 CFR, Part 52, Subpart N: IDAPA Docket 58-0101-0304
- New Source Review IDAPA Docket 58-0101-0401
- Permit to Construct Exemptions IDAPA Docket 58-0101-0402 -Annual Incorporation by Reference (2004) 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 DEQ Deputy Attorney General was obtained at appropriate times throughout 

### the rulemaking 

### process. Rule adoption was made in accordance with 

### the requirements of

### the federal Clean AirAct and applicable federal regulations. None 

### ofthe revisions included in this submittal reflect a reduction in emission limits. As a follow-up to previous submittals, DEQ forwarded 

### the following rule changes to EPA on May 22, 2003 and April 2, 2004 for inclusion in the Idaho SIP. We understand these documents will 

### be reviewed by your 

### staff in 

### the future. We mention these dockets here only for purposes 

### of ensuring previous submittals do not slip from the SIP priority list. Docket 58-0101-0102
- Soil Vapor Extraction Docket 58-0101-0103
- (a) HospitaVMedicalllnfectious Waste Incinerators, and (b) Annual Incorporation by Reference (2001) Docket 58-0101-0002
- Nonmetallic Mineral Processing Docket 58-0101-0202
- (a) Permitting Clarification, and (b) Annual Incorporation by Reference (2002) Docket 58-0101-0301 -Annual Incorporation by Reference (2003)

### John Kreizenbeck, U.S. EPA July 13, 2005 Page 

### 2

If

### you or your staff 

### have questions concerning any ofthese rules, please contact Martin Bauer, Air Quality Division Administrator, at 

### 208-373-0440. Mr. Bauer and his staff are available to provide assistance to ensure Idaho's SIP is updated 

## as soon 

## as possible. Sincerely,

# /t~L- Toni Hardesty Director TH/ph Enclosures c: Martin Bauer, DEQSTATE OF IDAHO 

### DEPARTMENT OF ENVIRONMENTAL QUALITY

1410 Nor:th Hilton. Boise, Idaho 83706-1255· (208) 373-0502 Dirk Kempthome. Govemor Toni Hardesty, Director



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

Pursuant to the Environmental Protection and Health Act, Idaho 

### Code 39-101 through 

### 39-130, I hereby submit amendments to the Rules for the 

### Control 

### ofAir Pollution in Idaho (Air Rules), IDAPA 

### 58.01.01, as edited in 

### the attachments, as a revision to Appendix 

### A3 ofthe Implementation Plan for 

### the 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 

### 13th 

### day 

### ofJuly, 2005.

Toni Hardesty Director

# - STATE OF IDAHO 

### DEPARTMENT OF ENVIRONMENTAL QUALITY

1410 North Hilton· Boise, Idaho 83706-1255 • (208) 373-0502 Dirk Kernpthorne, Governor Toni Hardesty, Director 

### July 13,2005

Ron Kreizenbeck Regional Administrator U.S. EPA, Region 10 1200 Sixth Avenue Seattle, W A 98101 RE: DocketNo. 58-0101-0304, New Source Review Revisions Dear

### Mr. Kreizenbeck: This is written

### to provide background infonnation to the proposed State Implementation Plan (SIP) revision in DocketNo. 58-0101-0304, submitted herewith. On 

### December 31, 2002, the United States Environmental Protection Agency (EPA)promulgated final 

# ,­ rule revisionsto the prevention ofsignificant deterioration (Part C ofthe Clean AirAct) and the new sourcereview (Part D ofthe Clean AirAct) pennitprograms. The rule revisions changed howto detennine a significant emissions increase; further defined and added provisions for pollution control projects; and added provisions for plant-wide applicability limitations (PALS) and 

### clean unit designations. In October 2003, EPA also promulgated the final rule revising the equipmentreplacement exemption under PartC and Part D programs. Because implementation ofthe equipment replacement rule revision is currently stayed in federal court, 

### this docket does notaddress that

### rule. Several additional revisions to these rule packages were finalized on November 7, 2003. The rule requires state and local agenciesto adopt and submit revisionsto their Part 51 pennitting programs implementing the minimum elements ofthe rule revisions to EPA no 

### later thanJanuary 2, 2006. 67Fed. Reg. 80186, 80240. This SIP revision satisfies thatrequirement. Interested parties requested 

### that the Department ofEnvironmental Quality (DEQ) incorporatethe rule revisions intothe Rules for the Control ofAir Pollution (Idaho Rules) as quickly as possible. DEQ agreed to commence a negotiated rulemaking and held three negotiated rulemaking meetings on November 12, 2003; December 11,2003; and January 15,2004. The rule revisions were adopted bythe Board ofEnvironmental Qualityon October 20, 2004 and approved by the Idaho Legislature, with a final effective date 

### ofApril 6, 2005. The rule was developed by comparingthe federal regulations in 40 Code ofFederal Regulations Part 51 and 52 (which include EPA's new changes)to the existing state

### rules. The primary sections revised include IDAPA 58.01.01.204 and 205. Ratherthan delineate the entire federal rule, Idaho chose

### to incorporate by reference appropriate portions ofthe federal program requirements. IfIdaho's rules addressed 

### specific sections ofthe federal rule, no changes were made tothe state 

### rules. Thefollowing charts list the 

### federal program requirements and where theserequirements are located in the Idaho Rules. Ifthe federal program requirements were not 

### in the Idaho Rules, they were then addedUSEPA, 

### Region X 

### July 13,2005 Page 2 

### of3



### tothe major permitting sections, IDAPA 58.01.01.204 (requirements for new major facilities ormajor modifications in non-attainment areas) and Section 205 (permit requirements for new major facilities or major modifications in attainment orunclassifiable areas). 

### Boththese sections specifically statethat "the intent ofSection 204 [and 205] is to incorporate the federal non-attainment NSR [the federal PSD] rule requirements." 

### 205. PermitRequirements forNew MajorFacilities orMajorModification in Attainment or Unclassifiable Areas. IDAPA Section

581 203.02 580.01

580.02 209.03,510-513

202.02 202.01.c 202.01.a and c 202.01.c 209.02.b 209.01.c No 

### need No need No need

No need Stayed Federal Cite 40 CFR 52.2

### 1(aX2) 40 CFR 52.21(b) 40 CFR 52.21(c) 40 CFR 52.21(d) 40 CFR 52.21(e) 40 CFR 52.21(t) 40 CFR 52.21(g) 40 CFR 52.21(h) 40 CFR 52.21(i)

40 CFR 52.210) 40 CFR 52.21(k) 40 CFR 52.21(1) 40 CFR 52.21(m) 40 CFR 52.2l(n) 40 CFR 52.21(0) 40 CFR 52.21(p) 40 CFR 52.2l(q) 40 CFR52.21(r) 40 CFR 52.21(s) 40 CFR 52.21(t) 40 CFR 52.21(u) 40 CFR 52.21(v) 40 CFR 52.21(w) 40 CFR52.21(x) 40 CFR 52.21(y)

40 CFR 52.21(z) 40 CFR 52.21(aa) 40 CFR 52.21 (bb) 40 CFR 52.21(cc) Plan disapproval Definitions Ambient air increments Ambient air ceilings Restrictions on area classifications Reserved Redesignation Stack heights Review ofmajor stationary sources and major modifications

- source applicability and exempting Control technology review Source impact analysis Air quality models Air quality analysis Source info Additional impact analyses Sources impacting federal class 

### 1 areas Public participation Source obligation 

### EIS Disputed permits or 

### redesignation Delegation ofauthority Innovative control technology Permit rescission Clean unit test Clean unit provisions for emissions units that achieve an emission limit comparable 

### to BACT PCP exclusion procedural Actual PALS Severability Clause Equipment ReplacementUSEPA, Region X July 13, 2005 Page 3 of3


### Section 204.01 lists the incorporated requirements for nonattainment new source review permitting, and 204.02 lists the application requirements for nonattainment areas that are in addition to that under Section 202. Because Idaho chose to incorporate the federal definition ofmajor source (facility) and major modification, these two definitions were deleted from Idaho Rules. See IDAPA 58.01.01.006.55 and 56. As a result, the exceptions at IDAPA 58.01.01.202.0l.b.v; v.i; 209.02.a; and 225 were also deleted. Concerned that an owner/operatorofa stationary source may apply the minor source permitting rules and determine that-the source is major, butthen apply the major source rules and determine it is minor, Section 204.03 and 205.03 were added. These sections state: Ifthe proposed action meets the requirements of an exemption orexclusion underthe provisions of40 CFR 51.165 or40 CFR 52.21 incorporated in Section 204, then the nonmajor facility orstationary source permittingrequirements ofSections 200 through 228 apply, including the exemptions in Sections 220 through 223. Finally, Sections 206 and 401.01.b were modified to 

### correctthe appropriate references regarding offsets. Please call me at 208-373-0440 ifyou need further infonnation. Sincerely,

# ~--to'~ Martin Bauer Administrator Air Quality Division MBIPHSTATE OF IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY**---~----~------.--------** 1410 NORTH HILTON. BOISE, IDAHO 83706 • (208) 373-0502 JAMES E. RISCH, GOVERNOR TONI HARDESTY, DIRECTOR 

### July 24, 2006

Ron Kreizenbeck Acting Regional Administrator USEPARegion 10 1200 Sixth Avenue Seattle, W A 9810I

Dear 

### Mr. Kreizenbeck: The Idaho Department ofEnvironmental Quality (DEQ) is currently in the stateprocess of revising its State ImplementationPlan (SIP) to remove the clean unit and pollution control project provisions vacated in

## New York v. EPA, 413 F.3rd 3, (D.C. Circuit 2005). Because we are currently removing these provisions from state law, please do not act 

### onthem under docket 58­ 0101-0304, submitted on July 13,2005. 

### Ifyou oryour staffhave questions concerningthis letter, please call MartinBauer, Air Quality Division Administrator, at (208) 373-0440. 

### Mr. Bauer and his staffare available to provide assistance to ensure Idaho's SIP is updated as soon as possible. Sincerely,

# ~,,~ Toni Hardesty Director TH/ph

c: Martin Bauer, DEQ DonnaDeneen, EPA

### Ron Kreizenbeck, Acting Regional Administrntor July 24, 2006 

### Page 2 of2



### be: Lisa Kronberg, DEQ 

## Phyllis Heitman, DEQ Robert Wilkosz, DEQ

### IDAPA 58
- DEPARTMENT OF ENVIRONMENTAL QUALITY 58.01.01 • RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO DOCKET NO. 58-0101-0304 NOTICE OF NEGOTIATED RULEMAKING

AUmORITY: In compliance with Section 67-5220, Idaho Code, and IDAPA 58.01.23, "Rules ofAdministrative Procedure Before the Board ofEnvironmental Quality," Sections 810 through 815, notice is hereby given that this agency intends to promulgate a rule and desires public participation before publishing a proposed rule. This rulemaking action is authorizedby Sections 39-105 and 39-107, Idaho Code. MEETING SCHEDULE: Those interested in participating in the negotiated rulemaking process are encouraged to attend the following meeting. Additional meetings may be scheduled if necessary. For information regarding additional meetings, contact Phyllis Heitman at (208) 373-0502 orpheitman@deq.state.id.us

. November 12, 2003, S a.m. to 12 noon DepartmentofEnvironmental QuaHty Conference Room D 1410 N. BUton, Boise, Idaho DESCRIPTIVE SUMMARY: The U.S. Environmental Protection Agency has revised regulations in 40 CFR, Parts 50and 51, governing the New Source Review programsmandated by Title I ofthe Clean AirAct. The Department of Environmental Quality (DEQ) is initiating negotiated rulemaking to incorporate these changes into the Rules for the Control ofAir Pollution in Idaho. Incorporation ofthe revisions to 40 CFR, Parts 50 and 51 into the Rules for the Control of Air Pollution in Idaho will include changes in New Source Review applicability requirements for modifications to allow sources ofair emissions greater regulatory certainty, flexibility and permit streamlining while ensuring protection ofpublic health and the environment. The text of the rule will be developed by DEQ in conjunction with a negotiating committee made up ofpersons having an interest in the development ofthis rule. Both major and minorsources ofair emissions may be interested in participating in this rulemaking. Special interest groups, public officials, or members of the public who have an interest in theregulation ofair emissions from sources in Idaho may also wish to participate in this ruJemaking. GENERAL INFORMATION: Formore information aboutDEQ's programs and activities, visit DEQ's web site at www.deq.state.idus

. ASSISTANCE ON TECHNICAL QUESTIONS: For assistance on questions concerning the negotiated rulemaking, contact Phyllis Heitman at (208) 373-0502 orpheitman@deq.state.id.us

. Dated this 26th day ofSeptember, 2003.

Paula 1. Gradwohl Environmental Quality Section Attorney General's Office 141ON. Hilton Boise, Idaho 83706-1255 (208)373-0418IFax No. (208)373-0481 pgradwoh@deq.state.idus

IDAHO ADMINISTRATIVE BULLETIN PageS9 November 5, 2003· Vol. 03-11

# ( IDAPA 58
- DEPARTMENT OF ENVIRONMENTAL QUALITY 58.01.01
- RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO DOCKET NO. 58-0101-0304 NOTICE OF RULEMAKING
- PROPOSED RULE

AUTHORITY: In compliance with Section 67-5221(1), Idaho Code, notice is hereby given that this agency has proposed rulemaking. This rulemaking action is authorized by Sections 39-105 and 39-107, Idaho Code. PUBLIC HEARING SCHEDULE: A public hearing concerning this proposed rulemaking wiH be held as follows: 

### June 8, 2004, 5:15 

### p.m. DepartmentofEnvIronmental QuaHty Conference Center 1410 N. HDton, Boise, Idaho. The hearing site(s) will be accessible to persons with disabilities. Requests for accommodationmust be madeno later than five (5) days prior to thehearing. For arrmgcments,contact the undersigned at (208) 373-0418. DESCRIPTIVE SUMMARY: The U.S. Environmental Protection Agency bas revised regulations in 40 CFR Part 52, governing the New Source Review programs mandated by Title I of the Clean Air Act. The Department of Environmental Quality (DEQ) has initiated this rulemaking to incorporate these changes into the Rules for the Control ofAir Pollution in Idaho. IncoIporation ofthe revisions to 40 CFR Part 52 into the Rules for the Control of Air Pollution in Idaho will include changes 

### ill New Sonrce Review applicability requirements for modifications to allow sources of air emissions greater regulatory certainty, flexibility and permit streamlining while ensuring protection ofpublic health and the environment. This rule was adopted by the Board ofEnvironmental Quality as a temporary rule in Fcbruary 2004 and is currently effective. The proposed rule text is in legislative format. Language the agency proposes to add is underlhled. 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 final proposal to the Board of Environmental Quality for adoption ofa pendingrule. The pendingrule will become fmal upon the conclusion oftbe 2005 sessionof the Idaho Legislature ifapproved bythe Legislature. IDAHO CODE, SECTION 39-107D STATEMENT: This rule does not regulate an activity not regulated by the federal government, nor is it broader in scope or more stringent than federal law or regulations. NEGOTIATED RULEMAKING: The text ofthe proposed rule has been drafted based on discussions held and concerns raised during a negotiation conducted pnrsuant to Idaho Code Section 67-5220 and 

### IDAPA 04.11.01.812­ 815. The Notice ofNegotiated Rulemaking was published in the Idaho Administrative Bulletin, November 5,2003, Volume 03-11, page 89. GENERAL INFORMATION: For more information about DEQ's programs and activities, visit DEQ's web site at www.state.id.usldeq

. ASSISTANCE ON TECHNICAL QUESTIONS AND SUBMISSION OF WRITTEN COMMENTS: For assistance on technical questions concerning this rulemaking, contact Martin Bauer at (208)373-0440, mbauer@deq.state.id.us, orPat Nair at (208) 373-0447 orpnair@deq.state.id.us

. Anyone may submit written comments bymail, fax or e-mail at the address below regarding this proposed rule. DEQ wiU consider all written comments received by the undersigned on or before June 9,2004.
DATED this 15th day ofMarch, 2004.

IdahoAdministrative Bnlletin 

### Page 116 May 5, 2004

- Vol. 04-5DEPARTMENT

### OF ENVIRONMENTAL QUALITY 

### DocketNo. 58·0101-0304 Rules for the Control of AirPollution In Idaho Proposed Rulemaklng 

# -,
Paula J. Wilson Environmental Quality Section Attorney General's Office 1410 N. HiltonlBoise. idaho 83706-1255 (208)373-0418JFax No. (208)373-0481 pwilsOl1@deq.state.id.us

Pursuant to Section 67-5221(1) this docket is being publisbed as a Proposed Rule. This dockethasbeen previously published as a Temporary Rule. Thetemporary effective dateis Febru.ary 5,2004. The original textofthe TemporaryRule was published in the Idaho AdministrativeBulletin,Volume 04-3, March 3, 2004, pages 20 through 41.

THE FOLLOWING IS THE TEXT OF 

### RULE DOCKETNO. 58-0101-0304

006. GENERAL DEFINITIONS. 

### Subsections 006.01 through 006.54 ha11

### e no changes


# - (5 } 94) (45(19) f: Anyfacility whieh emits, 6" has lite fle/ential f8 enrit, (me "/;Int/red (UJ9j Ie,,,, pel"rear 81" ffl8.v.e f7j tmy P'f:'gl:ti:aletiab'f:l8f/tlMFI/; 8" f4 5 {)(J) if: AIfJjJhysiefll ehflllge tit6:t W8Nhl tJCC,'lt1"at 6 .ifieiHty 196t fjl:t6fi1hng btl96eP Sbth5eeti8" 1)(}6.55.tl.i. fItS It Hl8j8I"jaeWty,**~lllte** ehallgf? WBtlUi CtJl9stittde It lIen' Ifr6jol'j'fJeih'fy by illfelj (4 5 9f)J Ih A fflejs":fou:!ility drat i.Y l1ff1jSI' 

## /8,. W3!e/i1e orgtt1fie CtJ1f'IJJSNllti3 !!Irall be cBlfflitit.'I'Ctim8j8i'

## }'8,. 8fi8lfe, (4 5 (llJj
-&**Thefftgi~ive** el1fi[iffierts 8jaflreW".Mall**~t8t** he ilJe.'wded il9 cietei'mini1'lf:fol'

# (I"" lfJfthepl:t7fJ8I,ea f7j !:hi., Seclisl9 II'hcthc,. if is tl mtljfli'jaeility, NIlIe.yS "he .98tt1'ee 

### i9 a tieaigntltet/facility 8,. the .90Nl'CE! hekJ1'If:.9 [e a 9ttt:lifmery 98firee ealt'go,,' wltielf, as f7jAfigttflt 

### 7, 1980. is 

### hei."tg l'egt.detetJ lil'ltk'l'Seeti8'fS 

### 111 dl"**11~** ({{the Cleal'lAi,.,**~ (45~**  (5194)
'lfr At't}'jJ,I',:.',yieal eh{fl'/ge 81' ehal1gt? in the fflellt8d B/epM'JtiOfllfJ/B "!{liB"foeility that 11ItJf;t!-ti "aiNU il'l tt**.~ifJ'lifoC(mt** He' emi!Mi8fU ilfC'1'CfltSe elan;; l'el,"flltlted ai"jJ8I.'Nltmt. (4 5 Of)) IJr AI'I;; !tel**emi.V.9iOPI.~** il'lt'f'e;tlS1:'! that (,9 COI",idereti**ai.~fifielt,.,tf81'** l'{j[.atile 81"gtilfie C8ffllu:Jttltd" ahttl[ he CfJl'I,vitiereti .9igniJiC6l'1tfo,. fJMl'le. ttl 5 9f)j

IdahoAdministrative Bulletin Page 117 May 5,2004

- Vol. 04-5DEPARTMENT

### OF ENVIRONMENTAL QUALITY 

### DocketNo. 58-0101-0304 

## (

# - Rules for the Control

### ofAirPollution In Idaho ProposedRu/emaklng
(-4 5 99) ff.:. Uae o.f'fI:pJ alteFffflU·;eluelel' M\V mfltel'iaiby**.~Y81t** &jet" artlel' 

### bHfJe." Setfli611S J(8) altti fb)**~ltlte l.~fhrItotIl**  Eltet"gy StlflPlyMttlEw/;gttJltmt,1tItI1**CB6~;ltalhm** Aet8j}974 \<"t'fHtY !NjJeI'Setling kgi.9lMi8ff) 6l' by YeaStJIt 8j+ a nehw'tllgas eNl'tdih"e,,'plMptw.'fHlWl ffJ the Petiet"81 {4J't'Nlt'Ad; f4 5 O(J) Hi: 

### Use efan tlllemati'1>'t!jNMhy ."'t!Mt'Ht**~l'all** el'tiel' 61' 

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### l25 oftlte 

### G.w,,, Ai".Ael,' 

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### M8' tlte,1-fttel it!**~leI'atetlfr8m** n.fHtieiplf/

### 361M wasle.; 

### fl j 

# 99, * Uad 

### ofa" alteP"ltBfit'e ,1i1el 8,.**1'tl~1'** msJel'iai "'. 8 foeility wIden the faeilitJ' wa., eapebk ef flee8mltI861eti"t: 

### Be/aNDeetffl,8e,.

### 21, 1976fo."fittJilities iBeatetl ill "eltaHtli""rel.t ttI't!t13 81"**b~)'t!**JsItP:lfl", 

### 6, 1975fot' faeiUlietl lee6tetl iff 

### aHsi""'e1t. 87 tlttelttSSf!ietl al't!a.Y. bHfless f;f1eh ehange Mflhi be lJ'f'8Mibi,etl tmtk,. II"}, .fetief.tlily**er.fo~hle** pfH"IHit eo"tlitirm 

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# ja,. JVleilifie5 IBesieti i" atkIinment 81' 

### tHte-ifietlfII"ett.9 6" bHftier 8.",. ,em/it fHNetl by the DepfI:,.lfHent 61'ER4,' (4 5 (9) 

### iii-: ,41t ilfet"l:61t8 ilt the nelt;<S 

### eftl'peraU(If'l 6;' ilt the pl'6th#etien Pille, 

### ",,,leNN "",eh cntt,,?:£: is p'fflhihiietl MItW 1m,'!fotief'fJUy ettforetwble pt,.","11 €6lttii#:819 

### m;ie!t**l~** e5tahliahetl tt/fel' Df'{!t,'lf,her 

### 14, 1976

### fiJ

... foeililie:, 18e(Jteti

### ire**:.t'J"ctt/ailf,,~).t**fII"ea:l 

## 6" be:fo."e }af'l;tltlry 6, }975

## /6" foeililies l6eafeti ilt aHtli"It,enl ey**",,,eltlss~fietl** M't!tlB. (4 5 (9) (4 § 99)
'WH:' 'Fhe ttfltlilio", Pf!pltteel9lettt, 81" N:'Ie eftlp6IlMti(')Jt 8emtf'8lp;'6jet't at 8n esei1lti"f: eleetf'ie Nlility ,9team gt.'ltel'61i1'f: M"it, tHtf.es8 the Depal'tmeltl tielel'ff,ilfe5 thtlt !/fJteh tlchlititm, ''efJlaeeltWtl, 8." tI.ge Ye1tdt.!t'!/ the tllfit 1e9,!1 

### ( tJf/'tif'81t1ffentBlIy be"lffieia!; B7 f!!fJEt!Jept 

### w,r,tJI. the Dt'[Hlfl'lfHettt has ."ett.981t 18**helie~'t!** lhat #he p811fJfi81f efflttf'B1 p1'(1jeet w6t1hl 

### reaeih itt a rlipiflefftll' Itel i1fepefUe ilt l't!pf'etlelttttfit'e ttelttal ttftltf:l<ill t'ffd.ui8N1 8/6nJ' el'ilcY'ifI: peilttl:tllll 6't't!1' !ew!la 

### Wletl/o''',htlt;foeilit}· iff the "f63tP"IN!e"t ai7 fltltlJi'ly blffJ6t!t

### tl"fI{l'.,ie ix the a;cea eelftil4eted;fol' thepttl'fl83e of1'Hle I, 

### ifa,.". {jilt! the Defttl1'lmelft tietel'Wtilte.' 

### ''''tlt the ilterea,9t! will t'flI:lS8 8;' OOltt"ihNie f6 a '/iB!SH6lf**al~Y** IfaH8"tll tlmbit#lt tlil'ljfltllitystaltflflwi 81'pre'll'ItHtJtf/'ifttignificaltt tletei'iel'tl:lit'jH (P8B) iltt?remellt, 87 vi.yibU-ity limitalief'l; (4 

### 5**~}()j** i;t:- 'Fhe ift3tal-kifien, tlj!Jerat:it'JH,**ee.Yfiati~lI,** 61'**reW/~val** ef tl ten!fJ8f'tl>''j' ef.etltt e6Bl teeh""l-8g)l tiem81f.'fll'tllielt pl'fljeel, pg'fJvitletJ '''st tltt.· fJrtJjeet e6mplies )Vilh the State lm.plel'ltelttaH6., Pkwtfo,. the sUite ilt whie" thepffljtet is ltJealetl, t'HtrJ6thel"'t!tj'tli."eItltMts "tees.,s"Y Ie 'fHaintai:1f the**>,~(Jfietfa.'** tffllhitfflt air fluality.'ilauthl'litltH'i11ff tltepffljeel alft!

### tifIet' it itl ierltlinCffeti. (4 

### 5 O()} 

## s;rs. Member OfThePublic. For purposes ofSubsection 006.92.a.xxi., a person located at any off-site point where there is a residence, school, business or office. (4-5-00) 58;i. Modification. Any physical change in, or change in the method ofoperation of, a stationary source or facility which increases the amount ofany regulated airpollutant emitted by such stationary source or facility or which results in the emission ofallY regulated air pollutant not previously emitted except that routine maintenance, repair and replacement shall not be considered physical changes, and the following shall not be considered a change in the method ofoperation: (4-5-00)
ft. An increase in the production rate ifsuch increase does not exceed the operating design capacity of the affected stationary source, and ifa more restrictive productionrate is Ilot specified in a penuit; (5-1-94) 

### b. An increase in hours of operation if more restrictive hourS of operation are not specified in a permit; and (5-1-94)
c. Use of an alternative fuel or raw material jf the stationary source is specifically designed to 

# - IdahoAdministrative Bulletin Page 118 May 5, 2004

- Vol. 04-5DEPARTMENT

### OFENVIRONMENTAL QUALITY DocketNo. 58-0101-0304 Rules lor the Control of AirPollution In Idaho Proposed Rulemaklng accoDlmodate such fuel orra.w material and use ofsuch fuel orrawmaterial is not specificallyprohibited in a permit. (4-5-00)**~.** Monitoring. Sampling and a.nalysis, in a continuous or noncontinuous sequence, using techniques which will adequately measure emission levels and/or ambient airconcentrations ofairpollutants. (5-1-94)**~.** Multiple Chamber 1ncinerator. Any article, machine. equipment, contrivance, structure orpart of a structure used to dispose of combustible refuse by burning. consisting of three (3) or more refractory lined combustion furnaces in series physically separated by refractory walls, interconnected by gas passage ports or ducts and employing adequate parameters necessary for maximum combustion ofthe material to be burned. (5-1-94)**~.** New Stationary Source Or FadHty. (5-1-94)


### a. Any stationary source or facility, the construction or modification ofwhich is commenced after the original effective date ofany applicableprovision 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. Therestart involves 

### a modificationto the facility; or (5-1-94) ii. After the facility has been in a nonoperating status for a period of two (2) years, and the Departmentreceives an application for a Permit to Construct in the area affectedbythe existing nOlloperating facility, the Department will. within five (5) working days ofreceipt ofthe application notify the nonoperating facility of receipt ofthe application for a Permit to Construct. Uponreceipt ofthis Departmenta.l notification, the nonoperating filcility will comply with the following restart schedule or be considered 

### a new stationary source or fa<.;ility when it does restart: Within thirty (30) working days after receipt ofthe Department's notification of the application for a Permit to Construct, the nonoperating facility 

### shall provide the Departmentwith a schedule detailing the restart 

### ofthe facility. The restart mustbegin within sixty (60) days ofthe date the Departmentreceives therestart schedule._ (5-1-94)**~** Nonattainment Area. 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 docs notmeet) the national primary or secondary ambient air quality standard forthepollutant. (5-1-94) 

### 6J.l. Noncondensibles. Gases and vapors from processesthat are not condensed at standard temperature and pressure unless otherwise specified. (5-1-94) Odor. The sensationresulting from stimulation ofthehuman sense ofsmell. (5-1-94)**~l.** Opacity. A state which renders material partially or wholly impervious to rays oflight and causes obstruction ofan observer'sview, expressed a.'l percent. (5-1-94)**~.** Open Borning. The burning of any matter in such a manner that the products of combustion resulting from the burning are emitteddirectly into the ambient air withoutpassingthrough a stack, duct or chimney. (5-1-94)**~.** Operating Pennit. A pennit issued by the Director pursuant to Sections 300 through 386 and/or 400 through 461. (4-5-00) 6&.{i. Particulate Matter. Any material, except water in uncombined form, that exists as a liquid or a solid at standard conditions. (5-1-94) 

### 6-P1. Particulate Matter Emissions. All particulatematter emittedto thc ambient air a.<; measured by an applicable reference method, or any equivalent oralternative method in accordance with Section 157. (4-5-00)**~.** Permit to Construct. A permitissued by the Directorpursuant to Sections 200 through 228.

IdahoAdministrative Bulletin Page 119 May 5, 2004

- Vol.**04~5**

### DEPARTMENT

### OF ENVIRONMENTAL QUALITY DocketNo. 58-0101-0304 (

# 1­

\ 

### Rules for 

### the Control of AirPollution In Idaho Proposed Rulemaklng (7-1-02)**~.** Person. Any individual. association. corporation, firm, partnership or any federaJ, state or local governmental entity. (5-1-94) 7..3;0. PM·IO. All particulatematter in the ambient air with an aerodynamic diameter less than orequal to a nominal ten (l0) micrometers as measured by a reference method based on Appendix 

### J of40 CFR Part 50 and designated in accordance with 40 CFR Part 53 or by an equivalent method designated in accordance with 40 CFR PartS3. (5-1-94) 

### 71-1. PM-IO Emissions. All particulate matter, including condensable particulates, with an aerodynamic diameter less than orequal to a nominal ten (t0)micrometers emittedto the ambient air as measured by an applicable reference method, or an equivalent or alternativemethod 

### in accordance with Section 157. (4-5-00) 741. Potential To EmitJPotential Emissions. The maximwn capacity of a facility to emit an air pollutant under its physical and operational design. 

### AllY physical or operational limitation 011 the capacity of the facility to emit anairpollutant, provided the limitation or its effect onemissions is state or federally enforceable, shall be treated as part of its design. Limitations may include, but are not limited 

### to, air pollution control equipment, restrictions on hours ofoperdtion and restrictions on the type or amount ofmaterial combusted, stored orprocessed. This definitioll does not alter or affect the term "capacity factor" as defined in 42 U.S.C. Sections 7651 through 76510. (4-5-00)**7~J..** Portable Equipment. Equipment which is designed to be dismantled and transported from one (l) job site to anotherjob site. (5-1-94)**7~.** PPM (parts per million). Parts ofa gaseous contaminantpermillion parts ofgas by volume. (5-1-94)**7~.** Pres£ribed 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., as 

### will allow the fire to be confined to a predetermined area and at the same time produce the intensity ofheat and rate ofspread required to accomplishplanned objectives, including: (5-1-94)
a. Fire hazard reduction; (5-1-94) 

### b. The control ofpests, insects, or diseases; (5-1-94)
Co Thepromotion ofrange forage improvements; (5-1-94) d. The perpetuation ofnatural ecosystems; (5-1-94)
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) 

## r. The preparation ofplanting and seeding sites for forest regeneration; and (5-1-94) 

### g. Other accepted natural resource managementpurposes. (5-1-94) 

### 78ft.. 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) 

### 71J1.. Process OrProcess Equipment. Any equipment, device or contrivance for changing any materials whatever or for storage or handling ofany materials, and all appurtenances thereto, inclu.ding ducts, stack, etc., the use of which may cause any discharge of an air pollutant into the ambient air but not including that equipment l>l'ecifically defmed as fuel-burning equipment or refuse-burning equipment.

. (5-1-94) 

## "11. Process Weight. The total weight ofall materials introduced into any source operation which may
IdahoAdministrative BuJletin Page 120 May 5, 2004

- Vol. 04-5DEPARTMENT

### OF ENVIRONMENTAL QUALITY 

### DocketNo. 58·0101-0304 Rules for the Control ofAirPollution In Idaho Proposed Rulemaklng :­

cause any emissions ofparticulate matter. Process weightincludes solid fuels charged, but does not include liquid and gaseous fuels chargedor combustion air. Water which occurs naturally in the fced material shall be consideredpart of the process weight. (5-1-94) 

### &l-1!J.. Process Weight Rate. The rate 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 ofhours 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 of operation 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 of any equipment is such as to permit more than one (l) interpretation ofthis definition, the interpretation that**rcsult~** in the minimum value for allowable emission shall apply. (4-5-00)**~.** Quantifiable. The Department must be able to determine the emissions impact ofany SIP trading programs requirement(s) oremission nmit(s). (4-5-00) Radionudide. A type ofatom which spontaneously undergoes radioactive decay. (5-1-94) Regulated Air PoDutant. The following airpollutants: (4-5-00)


### a. Nitrogen oxides or anyvolatile organic compounds. (4-5-00) 

### b. Any pollutant for which a national ambient airquality standard has been promulgated. (4-5-00)

c. Any pollutantthat is subject to any standard promUlgated under 42 V.S,c. Section 7411. (4-5-00) 

# ,­ d. Any Class I or 

## n substance subject

### to a standard promulgated under orestablished under 42 U.s.C. Sections 7671a(a) or 7671a(b). (4-5-00)

e. Any air pollutant subject to a standard promulgated under 42 U.S.c. Section 74]2 or other requirements established under 42 U.S.c. Section 7412, including 42 U.S.C. Section 7412(g), (]), and (r), including the following: (4-5-00) i. Any air pollutant subject to requirements under 42 U.S.C. Section 7412(j}. 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 (IS) months after the applicable date established pursuantto 42 U.S,C. Section 7412(e); and (4-5-00) ii. Any air pollutant for which the requirement., of42 U.S.c. Section 7412(g)(2) have been met, but only with re!.-pcct to the individual source subject to42 U.S.C. Section 7412(g)(2) requirement. (4-5-00) f. Any air pollutant 1i&1ed in Sections 585, 586, or subject to regulation pursuant to Section 161. Unless otherwise listed in Subsections 006.84.a. through 006.S4.e., these pollutants do not conloo'titute regulated air pollutants forpurposes ofSections 300 through 399. (7-1-02) 

### Ul. Replicable. Any SIP procedures for applying emission trading shall be structured so that two (2) independent entities would obtain the same rcsult when determining compliance with the emission trading provisions. (4-5-00) Responsible Official. One (l) ofthe following: (5-1-94)


### a. For 

### a corporation: a president, secretary, treasurer, orvice-president ofthe corporation in charge of 

### a principal business function. or any other person who perfonns similar policy or decision-making functions for the corporation, or a duly authorized representative of such person ifthe representative is responsible for the overall 

# .­ IdahoAdministrative Bulletin Page 121 May 5, 2004

- Vol. 04-5

### DEPARTMENT

### OF ENVIRONMENTAL QUALITY DocketNo. 58-0101-0304 

## (

# - Rules for the Control

### ofAirPollution in Idaho Proposed Ru/emllklng opet'dtion ofone (1) ormore manufacturing, production, or operating facilities applying for or subject to 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 partnerortheproprietor, respectively. (5-1-94)
Co For a municipality, State, Federal, or other public agency: either a principal executive officer or t'.mking elected official. For the purposes of Section 123, a principal executive officer ofa Fedeml agency includes the chiefexecutive officer havingresponsibility for the overdl1 operations ofa principal geographicunit ofthe agency (e.g., a Regional Administrator ofEPA).

. (4-5-00) 

### d. For Phase II sources: i. Thedesignated representative in so far as actions, standards, requirements, orprohibitions under 42 U.S.C. Sections 7651 through 76510 ortheregulations promulgated thereunder are concerned; and (5-1-94) ii. The designated representative for any other purposes under 40 CFRPart 70.**~.** 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 orprOJX-'Ity which may cause excess emissions. (4-5-00) 

## 81:6. Salvage Operation. Any source consisting ofany business, trade or industry engaged in whole or inpart in salvaging orreclaiming anyproduct ormaterial, such as, but not limited to, reprocessing ofused motor oils, 

## ( metals, chemicals, shipping containers, or drums, and specifically including automobilc graveyards andjUl1kyards. (5-1-94) 

### 891. Scheduled Maintenance. Planned upkeep, repair activities and preventative maintenance on any air pollution control equipment or emissions unit, including process equipment, and including shutdown and startup ofsuch equipment. (3-20-97)**~** 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) 

## 91:8.2. Shutdown. The normal and customary time period required to cease operations of air pollution control equipment or an emissions unit beginning with the initiation ofprocedures to terminate normal operation and continuing until the termination is completed. (5-1-94)**~.** Significant. A rate of regulated air pollutant emissions that would equal or exceed any of the following: (4-5-00)


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



### \. Idaho Administrative Bulletin Page 122 May 5, 2004

- Vol. 04-5DEPARTMENT

### OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0304 Rules for the Control of AirPollution In Idaho Proposed Ru/emaklng 

# -.

v. Ozone, forty (40) tonsperyear ofvolatiJe organic compounds as a measure ofozone; (5-1-94) vi. Lead, six-tenths (0.6) ofa ton per year; (5-1-94) vii. Asbestos, seven-thousandths (0.007) ofa tonper year; (5-1-94) 

### viii. 

### Beryllium, four ten-thousandths (0.0004) ofa ton per year; (5-1-94) ix. Mercury, one-tenth (0.1) ofaton peryear; (5-1-94)


### x. Vinyl chloride, one (1) tonper year; (5-1-94) 

### xi. Fluorides. three (3) tonsperye'dr; (5-1-94) 

### xii. Sulfuric acid mist, seven (7) tons per year; (5-1-94) xiii. Hydrogen sulfide (H2S), ten (10) tons per year; (5-1-94) xiv. Total reduced sulfur (including H2S), ten (10) tons peryear; (5-]-94)

xv. Reduced sulfurcompounds (including H2S), ten (10) tons peryear; (5-1-94) xvi. PM-lO, fifteen (15) tons per year; (5-1-94) xvii. Municipal waste combustor organies (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 per year; (5-1-94)

-­ xix. Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen chloride), forty (40) tonsper year; (5-1-94)


### xx.. Municipal solid waste landfill emissions (measured as nonmethane organic compounds), fifty (50) tons peryear; (4-5-00) 

### xxi. Radionuc1ides, a quantity of emissions, from source categories regulated by 40 CFR Part 61, Subpart H, that have been detennined in accordance with 40 CFR Part 61, Appendix D and by Department approved methods, that would cause any member ofthe 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) mrem peryear; or anyradionuclide emission rate, iftotal facility-wide radionuclide emissions contribute an effective dose c{}uivalent ofgreater 

### than or equal to three (3) mrem per year. (5-1-95) 

### b. Inreference to a net emissions increase orthe potential ofa source orfacility to emit a regulated air pollutant not listed in Subsection 006.92.a. above and not a toxic air pollutant, any emission rate; or (4-5-00)


### c. For a major facility or major modification which would be constructed within ten (10) kilometers of a Class I area, the emissions rate which would increase the ambient concentration of an emitted regulated air pollutant in the Class I area by one (l) microgram percubic meter, twenty-four (24) hour average, ormore. (4-5-00) 

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


### a. Sulfur dioxide: (5-1-94)
1. One (LO) microgram per cubicmeter, annual average; (5-1-94)

IdahoAdministrative Bulletin Page 123 May 5, 2004

- Vol. 04-5DEPARTMENT

### OF ENVIRONMENTAL QUALITY 

### Docket No. 58·0101..0304 Rules 

### for the Control of AirPollution In Idaho ProposedRulemaklng
ii. Five (5) micrograms per cubic meter, twenty-four (24) hour average; (5-1-94) 

### iii. Twenty-five (25) micrograms percubic meter, three (3) houraverage; (5-1-94) 

### b. Nitrogen dioxide. one 0.0) microgram percubic meter, annual average; (5-1-94)

c. Carbon monoxide: (5-1-94) i. One-half(0.5) milligrams per cubic meter, eight (8) hour average; (5-1-94) ii. Two (2) milligramspercubic meter, one (1) 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) 

### 94l.. SmallFire. A fire in which the material to be burned is not more than four (4) feet in diameter nor more than three (3) feet high. (5-1-94) 

### 9,iJ.. Smoke. SmalJ gas-borne particles resulting from incomplete combustion, consisting predominantly, butnot exclusively, ofcarbon and other combustible material. (5-1-94)**~.** SmokeManagementPlan. A document issuedby the Directorto implement Sections 606 through 616, Categories ofAUowable Burning. (5-1-94)**~.5.** 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 of open burning operations so as to minimize the impact of such burning on identified smoke sensitive areas. (5-1-94)**~.** Soorce.A stationary source. (5-1-94) 

### 9-91. 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 airpollutants, as in the case offuel combustion; and (5-1-94) 

### b. Is not an air cleaning device. (5-1-94)**~.** Stack.. Any point in a source arranged to conduct emissions to the ambient air, including a chimney, flue, conduit, orduct but not including flares. (5-1-94) l4I-2!l,. Standard Conditions. Except as specified in Subsection 576.02 for ambient air quality standards, a dry gas temperature oftwenty degrees Celsius 

### (20q sixty-eight degrees Fahrenheit (68F) 

### and a gas pressure of sevenhundred sixty (760) millimeters ofmercury (14.7 poundsper square inch) absolute. (4-5-00)**1~.** 

### startup. The normal and customary time period required to bring air pollution control equipment or an emissions unit, including process equipment, from a nonopt-'1'ational status into normal operation. (5-1-94) 1**~l.** Stationary Source. Anybuilding, structure, emissions unit, or installation which emits ormay emit any air pollutant. (4-5-00) 

## 1041. Tier I Source. Any ofthe following; (5-1-94) 

# - IdahoAdministrative Bulletin Page 124 May 5, 2004

- Vol. 04-5DEPARTMENT

### OF ENVIRONMENTAL QUALITY DocketNo. 58-0101-0304 Rules for the Control 

### ofAirPollution In Idaho Proposed Rulemaklng

a. Any source located at any major facility as defined in Section 008; b. Any source, including an area source, subject to a standard, limitation, or other requirement under 42 U.s.C. Section 7411 or 40 CFR Part 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 CFR Part 61 or 40 CFR Part 63, except that a source is not required to obtain 

### a permit solely because it is subject to requirements under 42 U.S.C. Section7412(r); (5-1-94) 

### d. Any Phase 

### U source; and (5-1-94)

e. Any source in a source category designated by the Department. (5-1-94) 16§.l. Total Suspended Particulates. Particulate matter as measured by the method described in 40 CFR 50 Appendix 

### B. (4-5-00)**1~.** Toxic Air Pollutant. An air pollutant that has been determined by the Department to be by its nature, toxic to human or animal life orvegetation and listed 

### in Section 585 or 586. (5-1-94) 

### 11);1',5.. Toxic AirPollutantCarcinogenic Increments. 

### Those ambient air quality increments based on the probability ofdeveloping excess cancers over a seventy (70) year lifetime exposure to one (1) microgramper cubic meter (1 ug/m3) ofa given carcinogen and expressed 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) 

### 10&,2. 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) 

### llW1. Toxic Substance. Any air pollutant that is determined by the Department to be by its nature, toxic to human or animal life or vegetation. (5-1-94) l+O!. Trade Waste. AllY 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)**1~.** TRS (Total Reduced Sulfur). Hydrogen sulfide, mercaptans, dimethyl sulfide, dimethyl disulfide and any other organic sulfide present. (5-1-94)**11~.** Unclassifiable Area. An area which, because ofa lack ofadequate data, is unable to be classified pursuantto 42 U.S.c.. Section 7407(d) 

### as either an attainment or a nonattainment area. (5-1-94) 

### ll:i-l. UneontroUed Emission. An emission which has not been treated by control equipment. (5-1-94) 

### 1141. Upset. An wlplanned disruption in the normal operations ofany equipment oremissions unit which may cause excess emissions. (4-5-00) 11",3,. Wigwam Burner. Wood waste burning devices commonly callcd teepee burners, silos, truncated cones, and other such burners commonly used by the wood product industry for the disposal by burning ofwood wastes. (5-1-94) 11-6;i. Wood Stove Curtailment Advisory. An air pollution alert issued through local authorities and/or the Department to limit wood stove emissions during airpollution episodes. (5-1-94)



# - IdahoAdminbtrative Bulletin Page 125 May 5, 2004

- Vol. 04-5DEPARTMENT OFENVIRONMENTAL QUALITY 

### DocketNo. 58·0101·0304 Rules for the Control of AirPollution In Idaho Proposed Rulemaklng (BREAK IN CONTINUITY

### OF SECTIONS)


### 200. PROCEDURES AND REQUIREMENTS FORPERMITS

## ro CONSTRUCT. The purposes of Sections 200 through 228 is to establish uniform procedures and requirements for the issuance of "PenniB to Coru.1:J:'uct." As used tbrousUrout Sections 200 through 228 and 578**throu~h** 581. nuijor facility shall be defined 

### as mlioI stationary source in40 CFR 52.2Hb). revised as ofJuly 1.2003, and supplemented by 67 fed. Reg. 

### 80,186 (December 

### 31. 2002) (to be codified at

### 40 GFR 

### 52.21(0), and major modification shall be defined 

## as in 40 CFR 52.21(b). revised as ofJuly l. 2003. and sup,p1emented by 67 Fed.**Re~.** 80.186 (December 31. 2002) (to be codified at 

### 40 CFR 52.21(b)l. Tbese CFR sections have been codified in tbe electronic CFR which is available at www·e;poaccess.,ov/ecfr.**~** (BREAKIN CONTINUITY

### OF SECTIONS)


### 202. APPLICATION PROCEDURES. Application for a permit to construct must be made using forms furnished by the Department, or by other means prescribed bythe Department. Theapplication shaH be certifiedbythe responsible official in accordancewith Section 123 and shall be accompanied by aU infonnation nec.essary to perform any analysis or make any determination required under Sections 200 through 228. (7.1-02) 0]. 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)**

w 

### a. For any new ormodified stationary source or facility: (5- 1 94) i. Site information, plans, descriptions, specifications, and drawings showing the design of the stationary source, facility, ormodification, the nature and amount ofemissions (including secondary emissions), and themanner in which itwill be operated and controlled. (5-1-94) 

### ii. A schedule for construction ofthe stationary source, facility, ormodification. (5-1-94) b. For anynew major facility ormajormodification in a nonattainment areawhich would be major for the nonattailltnent regulated airpollutant(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 dctennine that the lowest achievable emission rate would be applied. (5·1-94) ii. A description ofthe emission off.'1ets 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 infonnationnecessary to determine that a net air quality benefit would result. (4-5-00) iii. Certification that all other facilities in Idaho, owned or operated by (or under common oWllership ot) the proposed new major facility or major modification. are in compliance with all local, state or federal requirements or are on a schedule for compliancewith such. (5-1-94) iv. An analysis ofalternative sites, sizes, production processes, and environmental control techniques which demonstrates that the benefits ofthe proposcd major facility ormajor modification significantly outweigh the environmental and social costs imposed as a result ofits location, con!.1ruction, or modification. (5-1-94)

v. An analysis ofthe impairment to visibility of any federal Class I area, Class I area designated by the Department, or integral vista of any mandatory federal Class I area that the new major facility or major modification would impact (including the monitoring ofvisibility in any Class I area ncar the new major facility or**m~or** modification, ifreque!>'ted by the Department), el£ccpljr:;,. thfm'**II~"** If'fljtu'jaeiliUes enti m6j8(' Iff8tif{iet1tj8ff:Y



# - Idaho Administrative Bulletin Page 126 May 5, 2004

- Vol. 04-5

### DEPARTMENT

### OF ENVIRONMENTAL QUALITY DocketNo. 58-0101·0304 Rules for the Control

### ofAirPollution in Idaho Proposed Rulemaklng

c. For any new major facility or major modification in an attainment or unclassifiable area for any regulated air pollutant, t!*eept

### ja,. tlt6tM "8\1:' ntajt;f 

### jaeilifies tHfti luttjtJ,. ff'6t1f/ieati81'"**8Kt!""1~~etl** 

### rmJe,. 

### Slibseeii61t**~. ~**  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-]-94) 

### ii. An analysis ofthe effect on air quality by the new major facility ormajor modification, including meteorological and topographical data necessary to estimate such effects. (5-1-94)
1Il. An analysis ofthe effect on air quality projected for the area as a result of generdl commercial, residential, industrial, and other growth associated with the new major facility ormajor modification. (5-1-94) iv. A description of the nature, extent, and air quality effects of 

### any or all general commercial, residential, industrial, and other growth which has occurred since August 7, 1977,in the areathenewmajorfacility or major modification would affeet. (5-1-94)

v. An analysis ofthe impairment to viSibility, soils, and vegetation that would occur as a result ofthe new major facility or majormodification and general commercial, residential, industrial, and other 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 or soils having no significant commercial orrecreational value. (5-1-94) vi. An analysis ofthe impairment to visibility ofany federdl Class I area, Class I area designated by the Department, or integral vista of any mandatory federal Class I area that the new major facility or major modification would affect. (5-1-94)


# - vii. An analysis ofthe existing ambient air quality in the area that the new major facility or major modification would affect for each regulated air pollutant that a new major facility would emit in significant amounts or for which a major modification would result in a significant netemissions increase. (4-5-00)
VUI. Ambient analyses as specified in Subsections 202.01c.vii., 202.0 Ic.ix., 202.01c.x., and 202.01c.xii., may not be required if the projected increases in ambient concentrations or existing ambient concentrations of a partiCUlar regulated air pollutant in any area that the new major fal.,'ility or major modification would affect are less than the following amounts, orthe regulated airpollutantis not listed herein: carbonmonoxide

­ 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-to

- 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 ofonehundred (loo)tonsperyear ormore 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 microgmm per cubic meter, twenty-four (24)hour average; vinyl chloride

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

- two-tenths (0.2) ofa microgram percubic meter, one (1) hour average. (4-5-00) ix. Forany regulated airpollutant which has an ambient airquality standard, the analysis shall include continuous air monitoring data, gathered over the year preceding the submittal of the application, unless the Department detennines 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 or any 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 detennines is necessary to assess ambient air quality for that airpollutant in anyarea thatthe emissions ofthat airpollutant would affel.,'t. (4-5-00)



# - Idaho Administrative Bulletin Page 127 May 5, 2004

- Vol. 04-5

### ( "",- DEPARTMENT

### OF ENVIRONMENTAL QUALITY 

### DocketNo. 58-0101·0304 Rules for the Control of AirPollution In Idaho Proposed Rulemaklng

xi. Ifrequested bythe Department, monitoring ofvisibility in any Class I area the proposednew major facility ormajormodification would affect. (5-1-94) 

### xii. Operation ofmonitoring stations shall meet the requirements ofAppendix B to 40 CFR Part 58 or 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. Allestimates ofambientconcentrations shall be based on the applicable airquality models, data bases, and otherrequirements specified in40 CFR 51, Appendix W (GuideJine onAir Quality Models). (4-5.00)


### a. Where an air quality model specified in the "Guideline on Air Quality Models'" 

### is inappropriate, the model maybe modified oranothermodel substituted, subject to written approval oftheAdministrator ofthc 

## U.s. Environmental ProtectionAgency andpublic commentpursuantto Subsection 209.01.c.;providedthatmodifications and substitutions ofmodels used for toxic airpoHutants will be reviewed by the Department. (4-5.00) b. Methods like those outlined in the U.S. Environmental ProtectiollAgency's "Interim Proceduresfor Evaluating Air Quality Models (Revised)" (September 1984) should be used to determine the comparability ofair quality models. (5-1-94) 

### OJ. Additional Information. Any additional information, plans. specifications, evidence ordocuments that the Department may require to make the determinations required under Sections 200 through 225 shall be fttmished uponrequest. (5-1-94) 

# ,­ (BREAKIN CONTINUITY

### OF SECTIONS)
204. PERMITREQUIREMENTS FOR NEW MAJOR FACILITIES ORMAJOR MODIFICATIONS IN NONATTAlNMENT AREAS**2~}"J»** IN TIlE F-9BAISR PAlo 1(J }t{9llTHElf:.t

### l AIM lJ9V.JfTY NfJMfTT..Hlt{AlBl\'T.HIBA**~~S** lJlJPlj\'JjJ:J H tlBBCTJ9N**s..'~).** The pvvwhi6n SfJeeific{fily**f'ejeg<eltej,,~** thej6:.".ei· PM U) Iftlf'1.1ePIr Adtt C8IiIfly' 1I8lftlUainmcn{ tlf't'tl itt GeeH81f 2{U 

### ""{til e;cpire by 

### ;fa te.-m:3 atf(/; I'fiHt8t1tjNI'thel'

### aeli8Jt IIIhetf lite EJH tiesigJI(f/e9 thefol me,' "8lftllklirtmettt arfi)(i (fa eithef' tlHftimf'Jel'lt 8" I'l81'ltlUTlilfmetfl. Na pt.'.".;l to C6ffl'1lntet shaH be grdlfteti

### fo" tl "New major**facilit~ics** or major**modificatio~** which jtJ p sed for location in a nonattainment area 87 In 

### Iftefo,.",e7 PM if) 

### n8,.tltev'lt Alia 0",,,,1}' "tnftlltaitrme"t tlr'e6 and 

### eh would be major for the nonattaimnent regulated air pollutant(.yj ,."less the ttHlictll'l' 3h8WS 18 

### the 9(;lHs/aefifHl 

### eflire l)epaf'f",eI,1 

### aU oflire**foY:8~"jltg!** are considered nonattainmen1 new source review (NSR> actions and are 

### subject to the requirements in Section 204. Section 202 contains 3J?l)lication requirements 

### and Section 

### 209 containsprocessinK requirements for nonattainment NSRpcnnitting actions. Theintent ofSection 204

### is to incoxporate

### the federal nonattainment NSRrulereguirements.**~** 

### !U... Incorporated Federal 

### Program Reguirements. ReQuirements contained in the followine subparts of40CFR 51.165. revised 

### as ofJuly 1. 2003. and supplemented by 68 Fed. ReS. 63.021 (November 7. 2003) (to be codified at 40 CPR 51.165>' are hereby inCQIPorated by reference. Regwrements contained in the following subparts of4QCPR 52,21. revised as ofJuJy 1.2003. and syp,p1ementedby 67fed. ReU. 80.186

### (December 31. 2002) and 68 fed. Reg. 63.021 (November 7. 2003) (to be codified 

## at 40 CFR 52.21), are herebyincorporated by reference. These CPR sections haw been codified in

### the electronic CFR 

### which 

### is available 

### at www.fWQaCCess.uoy/ecfr

.

40 CFR 51 .165(a)(2)(jj)(A)
- (J) Applicability Provisions 40 CFR 51. 165'a)(6)(j) - M APplicability Provisions

Idaho Administrative Bulletin Page 128 May 5, 2004

- Vol. 04-5

### DEPARTMENTOFENWRONMENTALQUALnY DocketNo. 58-0101-0304 Rules for the Control of

### AirPollution in Idaho Proposed Rulemaklng 

# /­

Clean Unit proVisions for Emission Units that achieve an 40 CER 51.165(dl !;mission Limitation Comparable to LA!;R**~Q** CER 52,21 (z)(l)

- (3) and (6) PCP Exclusion Procedural Requirements 40 CER 52.21Caa) Actual PAls


### J!1.. Additional Requirements. The applicant must demonstrate to the satisfaction ofthe Department the foUowinll: 

## L-1 1Jl.1l. LAER. Except as otherwiseprovidedip Section 204.**~he** new major facility ormajormodification would be operated at the lowest achievable emission rate (LAER) for the nonattainment regulated air pollutant, specifically:**~** 

### !!fi. A new major facility would meet the lowest achievable emission rate at each new emissions unit which emits the nonattainment regulated airpollutant; and (4-5-00) 

## -hY. A major modification would meet the lowest achievable emission rate at cach new or modified emissionsunit which haS a net emissions increase ofthe nonattainment regulated airpollutant. (4-5-00)**~.b..** Required offsets. Allowable cmis!tions from the new major facility ormajormodification are offo;et by reductions in actual emissions from stationary sources, facilities, andlor mobile sources in'the nonattainment area so as to represent rea.o;onable further progress. All offsetting emis!tion reductions must satisfy the requirements for emission reduction credits (Section 460) and provide for 

### a net air quality benefit which satisfies the requirements of 

# .­ Section 208. If the offsets are provided by other stationary sources or facilities, a 

### pennit to construct shall not be issued for the new major facility or major modification until the offsetting reductions are made enforceable through the issuance ofoperatingpermits. The new majorfacility or major modificationmay not commence operation, and an operating permit for the new major facility or majormodification shall not be effective before the date the offsetting reductions are achieved. (4-5-00) 1Ht;,. Compliance status. All other sources 

### in the State owned or operated by the applicant, or by any entity controlling, controlled by or under common control with such person, are in compliance with all applicable emission limitations and standards or subject to an enforceable compliance schedule. (5-1-94) 1UjI. Effect on visibility. The effect on visibility ofany federal Class I atC'd, Class I area designated by the Department, or integral vista ofa mandatory federal Class I area, by the newmajor facility ormajor modification is consistent with making reasonable progress toward remedyingexisting andpreventing future visibility irnpairmetlt;­ e:KeepL that:,. (5 .' 94)

., l"','etV

### majfn"foeilifie." 61' Ifftlje,' IfffJdijiettfitJrfS t8 IfftljfJPjde.ilitie". 

### whieh tlN! "6t

### desigtraietifoeililiett a"ti ,w,ieh tl8 H8t emil 81' 

### ha'le thep@te"fial t8 emit AV8 Jrt.·fffif'e(/flfly 

### (250) fflfU

### pe."

### ,'ea.,; el'merce, f!,£any regwlatetl air"peiffl&:mttIP'e e:Ke'ff'pl. 

### f4 5 (}OJ ", Any integral vista which the Federal Land Manager has not identified at least six (6) months prior to the submittal ofa complete application, or which the Department determines was not identified in accordance with the criteria adopted pursuant to 40 CFR Part 51.304(a), may be exempted from Section204by the Department.**~** 

### !tL. Nonmajor ReqUirements, If the proposed action meets the requirements of 

### an exemption or exclusion underthe provisions of40 CFR 51.165 or40 CFR 52.21 inCOrPorated in Section 204. the nonmajorfacility or stationary sourcept.TDlitting reQuirements ofSections 200 through 228 !!lW1y. includingthe exemptions in Sections 220 throuw 223. 

## L-1

Idaho Administrative Bulletin Page 129 May 5, 2004

- Vol. 04-5

### DEPARTMENT

### OF ENVIRONMENTAL QUALITY DocketNo. 58-0101-0304 Rules for the Controlof

### AirPollution in Idaho Proposed Rulemaklng
/J& lHjiIfitiBIt 

### 9/IflthJ,..tt';ItJltlHdlltJPhlttNI,fi,l:'tIll_."_(6J" .•

CZal' lhep"u'(!JfJ6e'S 6jSeelifJ" 194, tbe**~mt** "nfJPf6ltaHlment l'egtlfflretJ ai? PfJlhtUllft(S)

.. 

### Si'6U Be tlefotetl 

### 18 i1tehl£k lite pOnI4MH' PM If} in the /-8mtef' /tfJl'lIttJI"H At/a C8rtltty Irulf61fBittmettt tJr'e6. (3 39 (1) 205. PERMIT REQUIREMENTS FOR NEW MAJOR FACIUTIES OR MAJOR MODIFICATIONS IN AITA1NMENT OR UNCLASSIFIABLE AREAS. 

### The prevention of siSQificant deteriQration 

### (pSDl program is 

### a construction**permittin~** promm 

### for new mlior facilities and 

### ml\ior modifications 

### to existing 

### major facilities located in areas in attajnment 

### or in 

### areas that are unclassifiable for 

### any criteria air pollutant. 

### Section 202 

### contains ap,plication regyirementS and 

### Section 209 

### contains processing 

### requirements for 

## eSD Permit actions. The 

### intent of

### Section 20S is to incorporate the federal 

## eSD rule 

### reguirements. 

## L-1 01. IiINJ_irw"tHtlf¥ PIJ, h3HIHfe8 9jlltJ,,,.i,. No fJel'fftit lB t/fJ"",tr'ttei ••hall he gMltfe6 f6" 6 new nttljof' fat/flit)' 81'**f'If~fJl'** mBtlijiefltilH1 wltieh is**p~** Jf(j,. 18eafitJIf itt 61t aH{lilflfreHt IYf' I4tteffli18ijftt"Je aFea

## /8,. any tregNlatetl6;,.pe#H"lan" rtft.'eH the tlf!JtJUea;,I.,hl"ws 

### tt; 

### the .'6tWj6etie}, B;,<lIte De(!Jal"fmert' Ihat: Incorporated

### Federal Program Requirements. Requirements contained in the 

### following subparts 

### of40 

## eFR 52.21. revised 

### as ofJuly 1. 2003. and 

### sUlU)lemented by 67 Fed.**Re~.** 80.186 

### (December 31. 2002) and 68 fed. Reg. 63.021 (November7. 2003) (to be codified 

### at 40 

### CFR 52.21), are hereby incorporated byreference. These 

### CFR sections

### have been codified in the electronic

### CFR which 

### is available at WWW.lWoaccess.govlecfr. 

# 'm

. ..: .•.
...... ···'utlli"

..···, ..::::•••••.••,:::::::•••

### <.,.::,
... :::.:. 

# ·.•·••**··~ft't!r:ir~········'···'~·;;·m** 

# ••••• ••··.......... j.·..•••...· .........•..•...

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..... ,,',

.. ':"," ":

# ... , :::.:::":::::',::

# ..... :::::: 

## .... ,.. :.: 

## ...... ::: :::::.::.: ...... :::: . 4Q CFR**~~.21 {~l"}**  Agglllta!;!ili1Y**ErQQ@dur~§** 40**~ER ~2.~1(b}**  DefinitiQ[!s Review of Malor §tatiQllIUv**Sourc~s ~nd**  M§ior**MQ~jfic5!tions** 4Q**~FB 5~.'**  1

### til •**Soyr~~** Agglica!2l1i1Y ang Exeml21ing 40**~FR** 5'.ii1Hil ContrQI**I~c!lDQlogy** Review 4Q CFB**~2.21{k}** §oyrce IWJ;mQt**Ana~j§** 40**~FR** §ii1.21ir} §Qur"e O!;!ligatiQn 40**~FR** 122.21 {v}**InnQvativ~ ~ontrol**  Te&:bnoJogy: 4Q**~FB** f;!ii1,,1 (w)**E~rmit B~sgi§siQ!.l** **~O ~FR**  §2.2j(x} C1!mn**!.!ni1T~sl** Cle!i!(! Unit ErQvi§ions for**~mj§siQn§ !.![J~!i**  th£!l**Agbiev~ ~n**  40**~FB** 52,2Hld Emls§iQD L.imit**~mWl[§b!§** lQ BAQT 40 QFR**~2.~H~£1l- '~l**  and

# un PQP**~l5 ~IY!iion**  P[Q£!!!Qural B§Qyirem!;!nl! 40**~FR** S,,2Haa} Actual EA!..S



# .... The**Ife'j~ Iflflj~**  facility 8,. fflejtJr mfjtliji:e6tien lV8W,'tJ !1f>'C 

### Htt' hest t4'laikfhl-e 08"'''''/ teeJf:f'I81egy (8.4C1): 

### (5 ,} 9') -i: F8l' ett:elt N?gI:llateti (firpe#1416ff' jel' wMeit a HelV ",ajt;l'fooility WfJftltihave tl'te ptJtt!fftial Ie ertrit iff t!:*t'C!I!1

## tiMe sigrtiflett1ti 1'Wk!.9 tt!I r:hYitted li, $eetit'J1f**(}(J~:** a"teI (1 

### 5 O{)) 1-i: At etta-.;**nel~** 61' mot/#ietl emi.YfJ'i8PU ttttit which 

# ""S tJ "et c",;.Y.9ifJlffl i"ef'etlSf!**~teaell** f'Ct!:ttlatetl ai,. p811f#11Ifftfol' whielt t1 lffajtJI' metiifieali8H lftt!i tl !Hgntjie:.MtnCl emi:i.,ifJ,t9 ilfoFetlse. (f 5 ()R) IJr The aJ!/'HI'tth.te ,,,,,issie,,**i'lfef'ettSe.'.I~m** 

### Me "OWmttje,.faetli", 8,. ffltlj81' IffOtlijte.wlifJ", in c81rjUltefi8'1f
IdahoAdministrative Blllletin Page 130 May 5, 2004

- Vol. 04-5DEPARTMENT

### OF ENVIRONMENTAL QUALITY DocketNo. 58-0101·0304 Rules for the Control of AirPollution In Idaho Proposed Rulemaklng (5194)**~** GSIt9€ 6r" e81tl/'ihtlfe 16 viekHielfg ttfeftY e.ppUeeble I'HYelltimt rtf.'ifgttijtefl", tlettl}"i8MIf81f**(P~1J}** iltel"eflJtytt,' (519(j
'I!!r The elflissitm j"et'MHSflw",**ti~e** ne," maj6J'J1I.eility 61' .'lttljer lfIetJi.jkaIi6" W6f11t1 "61 haw: ell tltl'iel'se i"'pael 8" 'he air 'ftfality r'els,eJ vahtes, irteWrt'K**vl9ibiJilj~** 

## ofartyjeJtN'a1 

### Clsti.9 .' ai"etl 6>' GIlA'" I (I>'¥!tI; tit'.Vfgtte.leti By Ihe f)eps.wI",elfl, antifflfy 

### ejfeet "It visibility tt{t'l1fY itttegl'tl! Watll o}'s IfItHfilal8",**J~fll** G.'-a88 

### I 8,"ea w8tiltl he etfftsiale1JI wifh mtl/ti"g Pe(l"enahJe**P'~S** tfm¥!J'I'ti r'emet/.."tfltg t!!:IfisHftg aNti: Pr'e''eftthtg;{ttttl."'6

..ifibility imptfi""tettt. Hmvet'f!f'; t'lftY {Attig/wi WSHl wltieJt the

.. r:<etJt'H:h' b8lttl:MflAt'lgel' has net itletttifletl tlliefflst siJt (8) Jrf8f!Hls 1''';''1' I" 'he 

### s,ib",iHeI ej' a eemplete applieai561t, 61' 

### lrh}elr tire 

### Deptf""'te1ft tieler"lJri"efJ • .....,., lIef itlelftijieti ilt aeetWMltee with Hie J't?flftii'tJ'ti iik'fttijieafir;lt tJf'iJef'kI. 'flBy he t!!:Ift:wrpl:eti lite Dt.'fHl"'",eIf[, {( 5 9('}) 

# "* Po'.atJM MllMtf'fleW8"

.. 9.r8jeettJ. P8.· phtuet/: etfltfl"'!fetievl [l1'f{jeets, the dete"",iMHefl 

## 6/ best tlWfiklhle 661111'81 k'eltlJe/8gy 3/ttlfi be P'C'I'ietfleti anti: lffesUtetJ 83 tIflPf'8pJ"ia;e at less' eighteelt (18) ",8111!19 1',';8" '8 eefltWIefteen'tyti&)'eeeh ilftietJelftJeflt fJhtl3e of',hepr8jeel, 

### (5 1 91)**~z.** lnH6WlliH £'6fff1'61 18elfH.ItJgy. /ff'8tlNefJietJby {he 8lW'e? Oi'

### epe?ate" (;fthe**Ite,~** Ifflijo"/tlcil:U,. 8;'**1f1~8f"** ff'8tiijie{fJtiBn, the Deparl",elflm6)\ with the l!tmsent efthe GWl>'e,."ol' elMY ethel' 

### 6jfeefeti {f/;{fJie, tlflP1'6't1e ti lfj'Stem e/imt8Wltii't! C8ltfroYJlteMHtJ,'Itg}', ExCe,ptjOD to Incorporation 

### by Reference oUO 

### em52.21, Every use of 

### the word 

### Administrator in 40 CFR 52.21 means the De,partment except for 

### the following:**~** 

### a. :ll fJ;'8fJtt9etl 'V;'I3te", ttliJmB'It#i-re C81ffroYJi tcehIJfJ.ft;gy 1IIay be afJ19I'8wNl if,; 

### In 40 CFR 52.2Hb)(l7). the 

### definition offederally enforceable. Administrator

### means the EPA Administrator.**~** f:. The p;'8fJe.yet/: cfJftf>"61 system lWJf:lM JIB' eetfSe 81' CfJIfMbute t6 "" /;ffl,"t!tf:!J6f1ablt: "ale te fJlitblie 

### ",'tIllh, )flelfo;'f}, 8,.safety in ;/.Y 8pcf"8tir;lt el"/tll'I('ti(m; (5 1 94)**~** The

# OW,," 81' 8fJeMIfJ"af!,f'€e.Y te ttc$,itJiiItJ {l b'el eJ/e61ltiltfiBf19 cmis.9ir;lJ:N ee,,{mi f:!ofjtti\'{lieH11fJ tl1{ll l'lhieh**IW~ttltJ** lta¥e beelt I'6Iftli;setifo" BACTby

### a titfte speeijietJ by tire 

### Depav'tmet,t, bNt Itet/ale? #lalJ/8ff/' (4) ycww J'twm b'1e ti1lle e!staf't tlfJ 81'St!WJIJ (7) .'1ea,'.y:/i'8", pet'Hfit**i~(fltee;** (5 1 94)
ttr. The "llolWlble e"ri.uitma}i'fIlfl #eefoeility e"rpleyi,rg 

### #ee**:~'stClft** &)" ilfltelo'tdi"e eBlftffll teehm71egy se.HsJY

## (in 8tltef"8pfJlit!6:hk 1'Ctj:'ttif'lYnlents,' (4 5 f}()) 

### .w: p'4el"

# '8 the tl8u! estaMi9hetl Pltf'SfiS1ft 18 8Hb,9eeti81f 295.93.ti.ii., tire 

### "<:-"1" f'l16jO,"J\3ci/ity 81' ",Cljet' metli,/ieaH811 lWJH.vJ "8t etmse 81' 3fgttij'ieatltl:t' eeU.,mbNfe 18 tmy "';818';8n 8fan amhieltt (fi1' f/ftality sttltJtlaPti, i"'Pewt tIfIj' C[1I9S T (f,vea. 8;< ifltfHlet any al'etl -.rlteroe t1 Pf'e'llCIJIiBH 8j<.9igniJiettnt tlete'l'i8f'«fiGf'f (PSD) j"er'elffel'lt is k-n8iPlJ t8 he**~/a~ (45~**  b. The Dt.'[16"'If'eIf{siraJil'lillttl1'8I1'**it~9** al'P'!811t1116 emplt1j'a ,yY8tem ttjiltlt8'i'tlHWJ CBItti"e1 teelrIJ8lttg,'

## if' In 40 CPR S2.2W)(2). 

### air quality models. Administrator mealls the EPA Administrator.**~** The l'P'8fJeseti fl)'tlte", foil., hy the .Ypeei:jhvi elate 18 e(:hie)'C Hte 1'Cf/tliret/ emlUfUt6t18**elfli~i(~lt** ffllttP'8l; (519<1) tf:. ThejH'fJl'B.ges :YYBie1Ir faib befol'C the lipeeifiecl titfte .va as 18 etf'ff".Umte te {lit tt'ffr"e{fJtHf}"able J"isk ffl [ffl8tie Ireldln, wd/tll'C, Bi' ,9t1y<tJty: 8;< (5 J 9')
fft: The fkJ'llf'llfrCIJI tlt'efdeS ,htll**t!t.epF8J~tt9etl**.,,'stem is IitlJlikelj' 18 aehi<:-'w the !'eflltil'8ti leWJittfeMl'

..'81 01' 16 p;'(Jteet theptlbiie ht'alth, lflelft"."e, 81'!Jsfi:t,: (5 1 94)

c. ffthe .yY8lem ejiHltB'l6ti'VC e81ttJ'tJl {eehIf8fet:yfoilfJ te "feel Ihe f<ef/fli,yt,vJ It,

.. ;el O/ooIJIiIlW81it.9 eHri:tsielt eBIltv'8i 8" 

### i:l'tlf'Pl'8l!ttlJ'tJ,. the 9)'31611' is withtl

..·wwl'l 

## &" Hte Depfflf'lmCIJt,**t.~e** Dcpal'lmeftt mfly alt8H1 the IIC"" "'tt}"f" foei!:ity 8r" If'Cljr;f' mBtiijieaU(jff fifJ te Mr'ec (3) yetlf"Sjt¥J1ff Ihe thite**~f** withst"iHt'tl,' I:B meef Ehl' r'ef/wire",eltl/8,. #ee

IdahoAdministrative Bulletin Page 131 May 5, 2004

- Vol. 04-5DEPARTMENT

### OF ENVIRONMENTAL QUALITY DocketNo. 58·0101-0304 Rules 

### for the Control

### ofAirPollution in Idaho Proposed Rulemaklng tlpplieefitJn e{BACTtfttc8t1g/t life Nat! oftl eemtntIJva#ed 6;'I.ytem "/e6Iftl'6J. In 40 CFR 52.2Hb)(43). permit program iJIlproyed by the Administrator. Administratormeansthe EPA Administrator.**~** 

### !L. In 40 CFR 52.2J(b)(48)(ii)(c), MACT standard that is proposed or promulgated by the Administrator. 

### Administrator meansthe EPA Administrator. 

## L-1 .It. In 

## 40 CFR 52.21 (b)(50)(i), regulated NSR pollutant as defined by Administrator. Mministrator means the EPA Administrator. 

## L-.1 {. In 40 

### CPR 52.21<y)(4)(i). Administrator for BACT. 

### [MR and 

### MCT clearinghQuse, AdministratormeanS the BPA Administrator. 

## L-1 04J. 

# B."."itI", Nonmafor 

### Requirements. If the proposed action meets the reguirements 

### of 

## an exemption or exclusion under the provisjQtlB of

## 40 CFR 52,21 incorporated in Section 205, 

### tbc nonmDJor facility or stationao' 

## source Permittini requirements ofSections 200 tbroul&h 228 Ill'lply. including the exemptions in Sections 220 throuah22).**~**

.. New mejtJ,.J'aeiIiHetr. B" maj8i'" m8JtjieaHf7PJ:i 1:6**1'If~f'/(JfeiJjl:ies,** .lI'hieh tll't 

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### is Iewn'1t ItJ he 'piela-ted ffl'e e.¥empt jfflm e8lfrpl:yiJftrwicHt lite e6lttiifi(:ftffl ejSrtlm:t:li81ta](J5JH.b. tfltti](J5.lU.e.fol' 81'1Itti"i"tr tl.pc-'fflfit ffl e61U'H'ttet. (45 (0) 

### 206. OPTIONAL OFFSETS FORPERMITS 10CONSTRUCT, 

# ( The owneror operator ofanyproposed new ormodified stationary source, new major facility, or major modification, which cannot meet the requirements of Subsections 2Q2.01.c,yi" 203.02, 203.03, 204,Q4ll, 20S.0J.:.1r. (40 CFR 52.2Hld) 8,. 295.fJ!.e" and 209.02.b.vL may 

### propose the use of an emission offset in order to mect those requirements and thereby obtain a permit to construct. Any proposed emission offset must satisfy the requirements for emissionreduction credits, Section 460, and demonstrate,through appropriate dispersion modeling. thatthe offset will reduce ambient concentrations sufficiently to meet the requirements at all modeled receptors which could not otherwise have met the requirements.**~** (BREAKIN CONTINUITY

### OF SECTIONS)


### 209. PROCEDURE FORISSUING PERMITS. O}. 

### General Procedures. General procedures for permits to construct.

a. Within thirty (30) days after receipt ofthe 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 applicantofits finding.o; in writing. (5-1-94) b. Within sixty (60) days after the application 

### is determinedto bc complete the Department shall: (5-1-94) i. Upon written request ofthe applicant, provide a draftpermit for applicant review. Agencyaction on the permit under this Section lDay 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 110t required pursuant to Subsection 209.01.c. The Department shaH set forth

Idaho Administrative Bulletin Page 132 

### May 5, 

### 2004

- Vol. ()4...5

### DEPARTMENTOF 

### ENVIRONMENTAL QUALITY DocketNo. 58-0101·0304 Rules for the Control of AirPollution In Idaho ProposedRu/emaklng

reasons for any denial; or (5-1-94) iii. Issue a proposed approval, proposedconditional approval, orproposed deniaL (5-1-94)

c. An opportunity for public comment will be provided on all appJications requiring a permit to construct. Public comment shall be provided 011 an applicatiol1 for any new major facility or major modification, any new facility ormodification which would affect any Class I area, any application which uses fluid modeling or 

### a field study to establish a good engineering practice stack height pursuant to Sections 510 through 516, any application which uscs an intcrpollutant trade pursuant to Subsection 210.]7, any application which the Director detcnnines an opportunity for public comment should be provided, and any application upon which the applicant so requests. (5-3-03) 

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

. (5-1-94) ii. The availability of such materials shall be made known by notice published in a new!.'Paper of general circulation inthe county(ies) ill 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 of the notice, or notice of public 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 infonnation received, the Department shall notify the applicant in writing of approval,

­ conditional approval, or denial 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 Department's final detennination, shall be made available to the public at the samc location as the preliminary determination. (5-1-94) 

### d. A copy ofeach permit will be sent to the U.S. Environmental ProtectionAgency. (5-1-94) 02. AddJtional Procedures For Specified Sources. (5-1-94)


### a. For any new major facility or major modification in an attainment or unclassifiable area for any regulated air pollutant, &fe€fit 

### fo,.**th~:ie** IIt'W 

## "'eye" foeili1ies tfltd "1tJj8? I'IfCJdtfiestielf9 e;c£'ifffJk!4 undel' 8tvbseCti81t**~. ~**  i. The public notice issued pursuant to Subsection 209.01.C.ll. shall indicate the degree ofincrement consumption that is expected from the new major facility or majormodification; 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, altematives to it, the control technology required. and other appropriate considerations. All requc!.1s for public hearings during a comment pcriod with an opportunity for a hearing must be requested in writing by interested persons within fourteen (14) days of the publication of the legal notice of the proposed pennit to construct orwithin fourteen (14) days priorto the end ofthe comment period, 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 ofa mandatory federal Class I area. (5-1-94) 

# - Idaho Administrative Bulletin Page 133 May 5, 2004

- Vol. 04-5

### DEPARTMENT

### OF ENVIRONMENTAL QUALITY DocketNo. 58-0101-0304 Rules for the Control

### ofAirPollution In Idaho Proposed Ru/emaklng i. If the Department is notified of the intent to apply for a permit to construct, it shall notifY the appropriate Federal Land Manager 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 ofreceipt of

### a complete application and at least sixty (60) days prior to any publichearing on the application; (5-1-94)
111. Notice ofevery action related to the consideration ofthe permit shall be sent to the Administrator ofthe 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 of the new major facility or major modification, alternatives to it, the control technology required, and other appropriate considerations. AU 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 of the legal notic·e of the proposed permit to construct orwithin fourteen (14) days priorto the end ofthe commentperiod. 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 pursuant to Subsection 209.02.bji. (5-1-94) vi. Upon a sufficient showing by the Federal Land Manager that 

### a proposed new major facility or major modification will have an adverse impactuponthe air quality related values (includingvisibility) ofany federal mandatory Class I area, the Director may deny the application notwithstanding the fact that the concentrations of regulated air pollutants would notexceed the maximum allowable increases for a Class 

## r area. (4-5-00) 03. EstabHshing A Good Engineering Stack. Height. The Department will notifY the public ofthe availability ofany fluid model orfield study used to establish a good engineeringpractice stackheight and provide an opportunity for a public hearing before issuing a permitor 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 228. Revised permits will be issued pursuant to procedures for issuingpermits (Section 209), except that the requirements ofSubsections 209.0

### i.e., 209.02.a.• and 209.02.b., shall only apply ifthe pennit revision results in an increase in emissions authorized by the permit or ifdeemed appropriate by the Director. (7-]-02) 05. Permit To Construct Procedures For TIer I Sources. For Tier I sources that require a permit to construct, the owner or operator shall either: (5-1-94) I. Submit only the infomlation required by Sections 200 through 219 for a permit to construct, in whichcase: (3-23-98)
1- A permit to construct or denial will be issued in accordance with Subsections 209.01.a. and 209.01.b. (5-]-94) Ii. The owner oroperatormay construct the source afterpermit to construct issuance or in accordance with Subsection 213.02.c. (3-23-98) 

### iii. The owner or operator may operdte the souree after permit to construct issuance so long as it does not violate any terms or conditions ofthe existing Tier 

### 1 operatingpermit 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 wi1\ 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

Idaho Administrative Bulletin Page 134 May S, 2004

- Vol. 04-5DEPARTMENT

### OF ENVIRONMENTAL QUALITY 

### DocketNo. 58-0101-0304 Rules for the Control of AirPollution In Idaho ProposedRulemaklng 

# - revision before commencing operation. Tier 1 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 WIder Part C (Section 205) or Part D (Section 204) ofTitle 1 ofthe Clean Air Act, shall file a complete application to obtain a Tier 1 permit revision within twelve (12) months after commencing operation. (3 ·19-99)

v. The application or minor or significant permit modification request shaH be processed in accordance withtimelilles: Section 361 and Subsections 367.02 through 367.05. (3-19-99) vi. The tinal Tier I operatingpermit action shall incorporate therelevantterms and conditions from the permit to construct; or (4-5-00) b. SubmitaU information required by Sections 200 through 219 for a pennitto construct and Sections 300 through 386for a Tier I operating permit, orTier 1operating 

### pennitmodification, inwhich case: (4-5-00) 

### i. Completeness ofthe application shall be determined within thirty (30) days. (5-1-94) 

### ii. The Departmellt shall prepare a proposedpermit to construct or denial in accordance with Sections 200 through 219 and a draft Tier I operating permit or Tier 1 operating permit modification in accordance with Sections 300 through 386within 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 proposed permit to construct or denial and draft Tier 1 operating permit or Tier I operating permit modification. (4-5-00) iv. Except as otherwiseprovided by theserules, the Department shall prepare and issue to the owner or operator a tinal permit to construct or denial within fifteen (15) days ofthe close ofthe public commentperiod. 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 permit to construct will be sentto EPA, along with theproposed Tier I operatingpermit or modification. The proposed Tier 1 operating permit or modification shall be sent for review in accordance with Section 366. (4-5-00) vi. The Tier 

### I operating pemIit, or Tier 

### J operating pennit 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 Tier I operatingpermit and complies with Subsection 380.02; or (4-5-00)
c. Submit all infomiation required by Sections 200 through 219 for a permit to construct and Sections 300 through 381 for a Tier I operating permit, or Tier 1operating pennit modification, in which case: (4-5-00)
1. Completeness ofthe application shall be determined within thirty (30) days. (4-5-00) 

### ii. The Department shall prepare a draft pennit to construct or denial in accordance with Sections 200 through 219 and that also meets therequirements 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 onthe draft permit to construct or denial. (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 ofthe proposed 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 revised proposedpennitto construct ordenial to EPA for review in accordance with Section 366. (4-5-00)


# - IdahoAdministrative Bulletin Page 135 May 5, 2004

- Vol. 04-5

## (

# - DEPARTMENT

### OF ENVIRONMENTAL QUALITY 

### Docket No. 58-0101-0304 \ 

### Rules for the Control of AirPollution In Idaho Proposed Rulemaklng

v. Except as otherwiseprovided by these rules. the Department shall prepare and issue to the owner or operator a final permit to collStruct or denial in accordance with Section 367. The owner or operator may construct the source after permit to construct issua.llce orin accordance with Subsection 213.02.c. (4¥5¥OO) vi. The permittee may, at any time after issuance, request that the pennit 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)
(BREAK IN CONnNUITY

### OF SECTIONS)


### 225. PERMIT 10CONSTRUCTPROCESSING FEE. A pennit to construct processing fee. calculated by the Department pursuant to the categories provided in the following table, shan 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 ofregulatedpollutant emissions as identified in the pennitto construct. The fee calculation shall not include fugitive emissions.



## ( General permit. no facility-specific requirements (Defined as a source category specific permit for which the Department 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 hot-mix asphalt plants and portable rock crushing plants.) New source or modification to existing source with increase of emissions of less than one (1) ton per year New source or modification to existing source with increase of emissions ofone (1) to less than ten (10) tons per year New source or modification to existing source with increase of emissions often (10) to less than one hundred (100) tons per year Nonmajor Nnew source or modifICation to existing source with increase of emissions ofone hundred (100) tons per year or more**9ilS~t fJR~"**  Sf:HJgestieR 29&.94 New major facility or major modification Ret 9H9I'Rf3t hIRes,.. SJJl:legetieFi 29&'94. Permit modifications where no engineering analysis is required Application submittals for exemption applicability determinations, typographical errors, and name and ownership changes as described in Subsections 224.01. 224.02, 224.03 $500

$1,000 $2,500 $5,000 $7,500 $10,000

$250 $0.00
(7 .' (12)-L-J
(BREAKIN CONTINUITY

### OF SECTIONS)


### 401. TIER II 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 t..'Itlit so as to notbe subject to)
Idaho Administrative Bulletin Page 136 

### May 5, 2004

- Vol. 

### 04-5DEPARTMENT

### OF ENVIRONMENTAL QUALITY 

### Dock.etNo: 58-0101-0304 Rules for the Control

### ofAirPollution in Idaho ProposedRu/emak.lng Sections 300 through 399 may apply to the Department for an operating permitto: (7-1-02)

a. Authorize theuse ofaltemative emissionlimits (bubbles) pursuant to Section 440; (5-1-94) b. Authorize the use ofan emission offsetpursuant to Sections**204~** or 206;**~** c. Authorize the use ofa potential to emit limitation, an emission reduction or netting transaction to exempt a facility ormodification from certain requirements for a permit 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 Section461; (5-1-94) 02. Reqnired Tier II Operating Permits. A Tier 

### II operating permit is required for any stationary source or facility which is not subject to Sections 300 through 399 with 

### a permit to construct which establishes any emission &'tandard different from those in these rules. (7-1-02) 03. Tier II Operating Permits Required By The Department. The Director may require or revise a TierII operatingpermit for any stationary source or facility whenever the Departmentdetermines that: (5-1-94)

a. Emission rate reductions are necessary to attain or maintain any ambient air quality standard or applicableprevention ofsignificant deterioration (PSD) increment; or (4-5-00) b. Specific emission standards. or n.. "quirements on operation or maintenance are necessary to ensure compliance with any applicable emission standard or rule. (5-1-94) 04. Multiple Tier II Operating Permits. Subject to approval by EPA, the Director may issue olle (1) or more Tier Iioperdtingpermits to a facility which allow any specific stationary source oremissions unit within that**.~** facility a future compliance date ofup to three (3) years beyond the compliance date ofany provision ofthese rules, provided the Director has reasonable cause to believe such a future compliance date is warranted. (4-5-00)



# - IdahoAdministrative Bulletin Page 137 May 5, 2004

- Vol. 04-5

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### STATE OF IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY AIR QUALITY DIVISION RESPONSE TO PUBLIC COMMENTS RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO (New Soun:e Review) DOCKET NO.**~101-O304** 

### The U.S. Environmental Protection Agency has revised regulations in 40 CFR Part 52, governing the New Source Review programs mandated byTitle I 

### ofthe 

### Clean AirAct. The Department 

### of Environmental Quality (DEQ) initiated this rulemaking to 

### incorporate these changes into the 

### Rules for the Control 

### ofAir Pollution in Idaho. Incorporation 

### Of the revisions to 

### 40 CFR Part 52 

## into the 

### Rules for the Control 

### ofAir Pollution in Idaho include changes in New Source Review applicability requirements for 

### modifications to 

### allow sources 

### ofair emissions greater regulatory certainty,flexibility and permit streamlining while ensuring protection of 

### public health and the 

### environment. This rule was negotiated with 

### representatives 

### ofthe regulated community and interested parties. The Board 

### of Environmental Quality adopted the 

### rule as temporary in February 

### 2004 and it is currently effective. After publishing notice 

### ofthe 

### proposed rule in the May, 

### 2004 Idaho Administrative Bulletin, a formal public hearing was held to take 

### testimony on the 

### proposal on June 

### 8, 2004. Written public comments 

## were accepted by the 

### agency from May 

### 5, 2004 through June 

### 9, 2004. Comments were received from Amalgamated Sugar Company, MonsantolP4 Production LLC and Idaho Association of Industry and Commerce.**(~** 

### All comments expressed agreement with the 

### proposed rule arid outlined benefits 

### the revisions will provide to industry and specifically theirfacilities. Further, these companies stated their appreciation in being included in the 

### negotiated rulemaking process and encouraged approval ofthe proposed rule by the Board of 

### Environmental Quality. End of

### Comments

RESPONSE TO PUBLIC COMMENTS - 1

# -.



# -



# -

### Exhibit No.
1

2

3



# - ( 4

5 LIST OF EXHIBITS Proposed Rules for the Control ofAir Pollution in Idaho Docket Number 58-0101-0304 Deadline for Comment: June 9, 2004 Submitted By Date Received
Katharine A. Gerrity 

### 3/18104 Legislative Services Office State Capitol Boise, 

### 10 83720-0054 Katharine 

### A. Gerrity 

### 4/6/04 Legislative Services Office State Capitol Boise 

### 10 83720-0054 K. Pete Chertudi 

### 6nl04 Senior Vice President The Amalgamated Sugar Company LLC Bruce E. Pallante 

### 618104 Plant Manager P4 Production, LLC P.O. Box 816 Soda Springs, 

### 10 83276 Transcript of public hearing held on June 8, 2004 in Boise, 

### 10 Includes comment received from Dick Rush Vice President for Natural

Resources Idaho Association ofCommerce and Industry

## R E C E i '. (;;; \I c. L' 

# Legislative Services Office p. 

# MAR J

# 8 2CJOIt 

# Idaho State Legislature

Carl F. Bianchi State Capitol Director P.O. Box 83720 Boise, ID 83720-0054 

### 208/334-2475; 

### Fax 334-2125

www.state.id.us/legislat 

# MEMORANDUM

TO: Rules Review Subcommittee ofthe Senate Health and Welfare Committee and the House Environmental Affairs Committee FROM: 

### Research & Legislation Staff

- Katharine Gerrity

## ~A~ DATE: March 17, 2004 SUBJECT: Department ofEnvironmental Quality IDAPA 58.01.01

- Rules for the Control ofAir Pollution 

### in Idaho 

# -
The Department ofEnvironmental Quality submits notice ofproposed rulemaking at IDAPA 58.01.01

- Rules for the Control ofAir Pollution in Idaho. The rule was originally adopted as a temporary rule in February, 2004. Copies ofthe temporary rule were forwarded to committee members at that time. The rule was drafted following negotiated rulemaking. According to the Department, the Environmental ProtectionAgency revised federal regulations governingthe New Source Review programs mandated by the Clean Air Act. The proposed rule incorporates the revisions into IDAPA 58.01.01. The incorporation includes "changes inNew Source Review applicabilityrequirements for modifications to allow sources ofair emissions greater regulatory certainty, flexibility and permit streamlining while ensuring protection of public health and the environment." The proposed rule is authorized by Sections 39-105 and 39-107, Idaho Code. The Department confirms that the rule does not regulate an activity not regulated by the federal government, nor is it broader in scope ormore stringent than federal law or regulations.

cc: Department ofEnvironmental Quality 

# -_ ..__.. j Mike Nugent, Supervisor JeffYoutz, Supervisor Ray Ineck, Acting Supervise 

### rEXHIBI1 

## "G'IcrllD**Harris,.Syperv!~**

Research & Legislation Budget & Policy Analysis Legislative Audits

. Network Administration - : mnugent@lso.state.id.us jyoutz@lso.state.id.us rineck@lso.state.id.us gharris@lso.state.id.us 

### BY/FOR THE Ci.l:

# Legislative Services Office ( Idaho State Legislature

Carl F. Bianchi State Capitol Director P.O. Box 83720 Boise,1O 83720-0054 208/334-2475; 

### Fax 334-2125 www.state.id.usllegislat 

### April 6, 2004

Paula 

## J. Wilson Environmental Quality Section Attorney General's Office 1410 N. Hilton Boise, ID 83706-1255 Dear Ms. Wilson: The Senate and House Subcommittees for review of administrative rules have 

## (

# ­ reviewed the proposed changes to the Dept. of Environmental Quality rules: 

### IDAPA 58.01.01- Rules for the Control ofAirPollution in 

### Idaho. No meeting will be held, and we are pleased to report that no objections will be filed. Sincere y yours,

Sr. Legal Analyst 

### --1**NUM"B'-E-~'-** 

### ')



### , EXHIBI H_...tI.e<:.::s-:<--­ 

## KAG/ca

# Katha~~:Y6

MikeNugent, Supervisor JeffYoutz, Supervisor Ray Ineck, Acting Supervisor Glenn Harris, Supervisor -tesearch& 

### Legislation Budget & 

### Policy Analysis Legislative Audits Network Administration \

__ ._ nugent@lso.state.id.us jyoutz@lso.state.id.us rineck@lso.state.id.us gharris@lso.statejd.us 

# Servinq lia/uilJ**~n** 

# Leqidafuro

## RECEIVED 

# JUN 

# -7 2OO't OffIce of the Attomey General IDEQ 

# RECEIVED JUN 0 7 

# 2004 DEQ Hearings Coordinator DOCKET NO.

_____ June 7, 2004 VIA HAND DELIVERY PaulaJ. Wilson Environmental Quality Section Attorney General's Office 1410 N. Hilton Boise, ID 83706 Re: Notice ofRulemaking

- Proposed Rule Docket No. 58-0101-0304 

# - DearMs. Wilson: I am writing on behalfofthe Amalgamated Sugar Company LLC (TASCO) which is an agricultural cooperative owning and operating four sugarbeet processing facilities, three of which are located in Idaho along the Snake River to produce refined, granulated sugar and other related products for commercial and retail markets. As an agricultural cooperative, the beet growers that cultivate and provide beets for the processing plants each year are intimately involved in the operation ofTASCO facilities including the financing ofall projects, including state-of-the-art pollution control equipment. As you know, TASCO has worked with the Idaho Department ofEnvironmental Quality (IDEQ) along with otherindustries to incorporate the Environmental Protection Agency's (EPA) regulations reforming New Source Review (NSR) and Prevention ofSignification Deterioration (PSD) programs into Idaho's Rules for Control ofAir Pollution. The new EPA rules are detailed and complex, but provide significant efficiency benefits to large seasonal industries such as TASCO. IDEQ adopted theseNSRlPSD rules through a temporaryrulemaking and is now promUlgating a final rule. TASCO appreciates the significant amount ofeffort and resources which IDEQ has made available to the process ofadopting the NSRlPSD reform rules into the i 

### Idaho regulatory system..

### ~i

# i

TASCO is committed to improving its air quality and environmental compliance. Last ;: year, TASCO entered into the 10-year agreement with IDEQ committing to the expenditure of

__

### approximately twenty million dollars ($20,000,000.00) in environmental improvements at the ( three Idaho facilities. Air quality is a major part ofthat commitment. TASCa is installing a state-of-the-art steam pulp dryer at the Nampa facility to significantlyreduce air emissions through energy conservation. The NSRJPSD reform now being adopted as a final rule byIDEQ for major sources is a significant step forward in improving air quality. These rules have very substantial benefits to air quality and TAsca as a seasonal agricultural operation. PSDINSRreform is a long-needed revision which provides flexibility and significant efficiencies to the regulated community. For example, the change from the "actual to potential" to "actual to projected actual" applicability test is a significant benefitto TASCa. Under the old PSDINSR rules, the "actual to potential" calculation made even the smallest change in operations potentially subject to PSDINSRreview. Even changes, which reduced theirpollution, could be held up bylengthy. reviews that delayed benefits to the environment and imposed unnecessarycosts. Byusing "actual to projected actual" applicability tests TAsca may change operations to reduce air pollution with less paperwork. Since TASCa is a seasonal operation ofvarying throughput, historical to future comparisons have always been difficult and often over inflated the predicted air qualityimpacts and resulted in unnecessarypermitting requirements. Two improvements ofthe NSRrevisions are: • Baseline emissions will be calculated using a longerhistorical time period, which is more realistic and representative. • Future emissions will be calculated based onprojected actual emissions, rather than potential to emit, which again is morerealistic and representative. This regulatory change is good for the environment and Idaho's beet farmers. Anotherreform is "Plant Wide Applicability Limits" (PALs) regulations which can have far reaching benefits to Idaho's air quality by allowing facilities such as TASCa to establish a PAL or "cap" on its emissions. PALs have the potential to streamline industrial source permittingwhile ensuring that facility emissions will not increase. The Pi\Lconcept allows facilities to improve operations without obtaining a permit, provided emissions do not increase. Activities at a TASCa facility which reduce air pollution in the aggregate can be implemented without complicated paperwork. Again, these reforms enhance air quality and help keep TASca competitive in world markets. Similarly, TASCabelieves that Clean Unit and Pollution Control Projects (PCPs) reforms will allow the installation ofpollution control projects to reduce air emissions without lengthy paperwork are a significant benefit. Finally, TASCa appreciates the time and effort IDEQ is spending to reform regulations



# - for small orminor sources. Current regulations tend to be overly complicated. TASCa is working with IDEQ and other interested parties in a negotiated rulemaking to reform minor source airquality rules.

### TASCO supports thepromulgation ofthe final NSRJPSD rules and appreciates the sincere time and effort committedbyIDEQ to this rulemaking process.

cc: Martin Bauer, IDEQ



# -



# -

# -- (

# - P 4 

# Production, LLC

Soda SprIngs Plant 1853 Highway 34 P.O. Box 816 Soda SprirIgs. Ida'lo83276-()816 Phone: (208) 547-4300 Fax: (208) 54N1312 

## RECEIVED June 7,2004 

# JUN

.. 82004 Office of the Attomey General 

### Paula J. Wilson IDEO 

### Environmental Quality Section Attomey General's Office 1410 N. Hilton Boise, Idaho 83706-1255 Re: Notice of Rulemaking
- Proposed Rule Docket No. 58-0101-0304 Dear Ms. Wilson: Iam writing on behalf of P4 Production LLC ("P4") and Monsanto Company (''Monsanto") in support


# - of the referenced proposed rule that would incorporate revisions to Idaho's air permitting regulations. The proposed rule will implement changes to the New Source Review ("NSR,,) program that were originally promulgated bythe United States Environmental Protection Agency {"EPA"}. The proposed revisions were adopted bythe Board of Environmental Quality as atemporary rule and are now under consideration to be promulgated as afinal rule. The NSR program is acomplex regulatory program with the important goal of requiring preconstruction air permitting at large industrial sources so that National Ambient Air Quality Standards are not unduly adversely impacted. NSR is an important tool that the State of Idaho uses to attain and maintain the ambient standards. Although the NSR permitting program has been in place for over twenty years, there is still a considerable amount of ambiguity and uncertainty in the regulations. EPA has issued hundreds of guidance documents, letters, memos and analyses providing the public and the regulated communitywith its interpretations of the regulations. Unfortunately, such guidance is not itself always clear and the guidance occasionally is inconsistent and can change overtime. As aresult, owners and operators of large industrial facilities subject to the NSR program have had to spend aconsiderable amount of resources on consultants and attorneys trying to understand the regulations and trying to comply. The NSR program is triggered when anew large facility is constructed orwhen changes at an existing large facility increase above certain threshold levels. The thresholds for triggering NSR review are fairly low. Therefore, very large facilities are often subject to NSR permitting requirements for fairly small scale projects. Also, the way in which the NSR regulations calculate emissioos jncreasescan

# '1 often do EXHIBI1**NUM6Ei1_~/=F'----**


### '! 

### DfJE

### result in the NSR program applying to projects that actually reduce emissions, for example, where anew air pollution control technology is added. P4 owns and Monsanto operates alarge elemental phosphorus manufacturing facility in Soda Springs. P4's facility is one of the largest industrial facilities in the state. In P4's case, NSR requirements have resulted in anumber of smaller projects being placed on hold because ofthe expensive and time consuming NSR process. Many of these projects involve changes at the plant to improve energy efficiency and to improve environmental performance. EPA recognized some time ago that the NSR process was having an adverse impact on industry's abilityto respond to market demands and to plan forfuture investments in pollution control and prevention technologies. Following an extensive rulemaking process lasting nearlyten years, EPA promulgated NSR reform regulations on December31, 2002 that address many of these concerns. The changes promulgated by EPA are not effective in Idaho unless and until the state amends its regulations to incorporate these needed revisions. The proposed rule currently under consideration does that. Representatives of P4 and Monsanto actively participated in the negotiated rulemaking process that led to the drafting of the proposed rule. P4 and Monsanto very much appreciate having the opportunityto participate with the IDEO staff in developing the proposed rule. The negotiated rulemaking process has proven to be avery effective process for addressing some fairly complex regulatory needs. The federal NSR reform regulations address long-needed revisions to the NSR program. The proposed rule addresses NSR program applicability issues, provides flexibility to sources that are already very well controlled, provides options for large sources to manage facility wide emission limits and provides permitting flexibilityfor pollution control projects. 

### As aresult, the revisions to the NSR program will provide the regulated community with the opportunity to continue to pursue economic development activity, new pollution control projects and improve energy efficiency all while assuring that the air qualityof the state of Idaho is protected. On behalf of P4 and Monsanto, Iwould strongly encourage the Board of Environmental Ouality to adopt the proposed rule. Thankyou foryourconsideration of these comments.**VerytrUIYYO~**

# N~~**~:** E. Pallante Plant Manager
cc: Martin Bauer, IDEO

# S1ate 

# ofIdaho

i

# .­ Department ofEnvironmental 

# Quali1;y

IN RE.: 

### Rules fOr

### the control 

### of ) 

### 5S0101..Q304 

## AIrPoI1u6on In Idaho ) )



## BEFORE LARRY F. WEEKS



# Hecuing Officer



# June8. 2004 · 5:

# t5 

# p.m.
Departmentof Environmental 

## Quali1y



# t41 0 N. 

## Hilton· Conference 

# Roofn BoIse. 

## Idaho



# TUCKER and

## ASSOCIATES. u.c 

## Court Reporters When excellence is an obligation

## PEpaBiI~~~.**~~~~~~J;:J...-r.-t----~Voice** 208 345 3704 

# .- I.a.Ia

## L V\ Fax 208 345 3713 

## CSRNo. f 

### 688 Toll free 800 424 2354 Web www.etucker.net E-mail infQ@etucker.net 

# COpy

# EXHIBITS
HEARING EXHIBIT NUMBER Page

A lAOTestimony 

## SuI:xnittEclI::!/DIckRush.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6 B. Slgn-in 

### Rclster

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6 f ! 

# -

-



# -

### Control 

### ofAirPollution in Idaho 6/812004 Page 1 

### ('­ I 

### 2 BOISE, IDAHO Tuesday, June 8, 2004, 5:15 p.m. 3 4 HEARING OFFICER: Let the record show that 5 I'mLarry 

### Weeks, the hearing officer appointed to 6 conductthis proceeding. It

### is 5:15 p.m. on the 7 8th dayofJune 2004. 8 This is the time and place set to 9 receive oral commentson the Proposed Rules for the 10 Control ofAirPollution in Idaho, Docket Number 

## n 58-0101-0304. Written commentswill also be 12 accepted atthis hearing. 13 Notice ofthis hearing appeared in the 14 IdahoAdministrativeBulletin, as required by Idaho 15 Code Section 67-5221 onMay 5, 2004. This 16 publication wastimely made, and all necessary 17 notice requirements have beenmet.

. 18 All those interested persons attending

19 this proceeding are asked to sign the roster, 20 indicating a desire, ifany, to make an oral 21 presentation. After a brief statementmadebyDEQ 22 summarizing the proposed rule docket, each person 23 will be given anopportunity to commenton the 24 proposed rule. 

## (­ 25 Since these proceedings are being Page 2 

### 1 recorded, I ask those who make oral presentations 2 state their name and provide the spelling, if 3 necessary. Atthis time, DEQ Mr. Pat Nair, will 4 make its statement on the proposed rule, and then I 5 will call uponpersons who indicated on the roster 6 thatthey would like to 

### comment. Pat? 7 MR. NAIR: Thankyou. Mr. Hearing Officer, 8 ladies and gentlemen, my name is Pat Nair. I am 9 the stationary source program manager for the Air 10 Quality Program of the Idaho Department of 11 

### Environmental Quality. My testimony will briefly 12 outlinethe proposed rule. 13 The U.S. EnvironmentatProtectionAgency 14 has revised regulations in40 CPR Part52 goveming 15 the 

### New Source Review programs mandated byTitle I 16 of theClean AirAct. DEQ has initiated this 17 rulemaking to incorporate these changesinto the 18 Rules for the Control ofAirPollution in Idaho. 19 Incorporation of the revisions to40 CFR 20 Part52 into the state rules will include changes 21 in New Source Review applicability requirements for 

# .- 22 modifications to allow sources of air emissions 23 greater regulatory certainty, flexibility, and 24 permit streamlining while ensuring protection of 25 publichealth and the environment. This rule was Page 3 

### 1 adopted by the Board ofEnvironmental Quality as a 2 temporary rule in February 2004 and is currently 3 effective. 4 DEQ will considerall comments received 5 byJune 9th, 2004, before submitting a final 6 proposal package to the Board ofEnvironmental 7 Quality. This package will include the hearing 8 transcript, all written public comments received 9 duringthecomment period, DEQ's response to 10 comments,. and the final proposed rule. 11 

### DEQ intends to present the final 12 proposal to theBoard ofEnvironmental Quality in 13 October 2004 with a recommendation thatthe board 14 adopt the proposal as a pendingrule. If

### the board 15 adoptsthe proposal as recommended by DEQ the 16 temporary rule will remain ineffect, and the. 17 pending rule will becomefinal immediately upon 18 conclusion ofthe 2005 legislative session, if 

### 19 approved by the legislature. 20 HEARING OFFICER: Thankyou, Mr. Nair. 21 Mr. Rush, you've indicated a desire to testify? 22 MR. RUSH: Thank you, your Honor. My name is 23 Dick Rush, and I'm vice president ofnatural 24 resourcesfor the Idaho Association ofCommerce and 25 Industry. Our association is a broad-based Page 4



### 1 business organization whosemembership includes 2 companies and otherbusiness associations ofall 3 sizes and types located throughout Idaho. Many of 4 our members are regulated by the rules to control 5 air pollutionin Idaho. I'm here to testify in 6 supportofthe rules expressed inDocket Number 7 58-0101-0304. Thank you for the opportunity to 8 present ourviews. 9 We agree with the Idaho Administrative 10 Bulletin's descriptive summary of the rules being 11 

### considered today. Incorporatinginto staterules 12 the revised New Source Review regulations mandated 13 by the U.S. Environmental Protection Agency is a 14 positive move to ensure protection ofpublichealth 15 and theenvironment. 16 We also agree that the new rules change 17 the New Source Review applicability requirements 18 for modifications to allow sources of airemissions 19 greater regulatory certainty, flexibility, and 20 permit streamlining. 21 We also agree with the department that 22 

### the rule doesnot regulate an activity not 23 regulated by the federal govemment, nor is it 

### 24 broaderin scope or more stringent than federal law 25 

### orregulations. 1 (Pages 1 to 4)Control of

### Air Pollution in Idaho 6/8/2004 PageS 

### 1 Ourassociation and many of ourmembers 2 participated in the negotiated rulemaking process 3 that led to the adoption ofthe temporary rules by 4 the IdahoBoard ofEnvironmental Quality. We 5 supported adoption ofthe temporary rules, and we 6 supportthe final proposal for adoption ofa 7 pending rule. 8 lAO 

### appreciates the Department of 9 Environmental Quality's efficient and fair 10 

### negotiated rulemaking process. All 

### parties had an 11 opportunity to give meaningful input, and we 12 believe that theresulting rules arebeneficial to 13 the state ofIdaho. Further, they meet the federal 14 requirements ofincorporating new federal 15 regulations in the state air rules. 16 Thank you again for the opportunityto 17 appearbefore you today. 18 HEARING OFFICER: Thankyou, Mr. Rush. Do 19 you have written comments to submit? 20 MR. 

### RUSH: I do. Ijusthave written 21 comments ofexactly what I read into the record. 22 HEARING OFFICER: That would be fine. If 

### 23 you'd like to submit that, Mr. Rush's written 24 comments willbe submitted as part ofthe record 25 and marked as Exhibit**"'-~OA** Page 6



### 1 (Exhibit "-OOA marked.) 2 HEARING OFFICER: Thank you. I see no one 3 else being present to testify. I think we'll go 4 offthe record until 5:45 to see if 

### anyone else 5 appears. Thankyou. 6 (Recess.) 7 HEARING OFFICER: We'll be back on the 8 record. Let the record show thatno other members 9 

### ofthe public have appeared since we wentinto 10 recess. It

### is now 5:45 p.m. onJune 8th, 2004. 11 The sign-in roster will be admitted to the record 12 as Exhibit "-OOB. With that, the hearing is now 13 dosed. 14 (Exhibit "-OOB marked.) 15 16 (The hearing concluded at 5:45 p.m.) 17 -00000­ 

### 18 19 20 21 22 23 24 25 

# -"



# -

2 

### (Pages 5 

### to 6)

### 1 2 3 4 5 6 7 8 

### 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1



# ________ REPORTER'S 

# CERTIFICATE

I, Laura L. Whiting CourtReporter, a NotaryPublic, do hereby certify: ThatI amthe reporter who took theproceedings had in the above-entitled action inmachine shorthand and thereafter the same was reduced intotypewritingundermy direct supervision; and That the foregoing reporter's transcriptcontains a full, true, and accurate record oftheproceedings had inthe above and foregoing cause, whichwasheard atBoise, Idaho. Ifurther certify thatIhaveno interestin the event of the action. INWITNESS WHEREOF, I havehereunto setmyhand this 29th ofMarch, 2004. (:;­



## CSRNo.688**.'''~**

# ~~ 

# IdahoAssociation of Commerce 

# & Industry



# - The Voice 

# ofBusiness in Idaho@ ; TESTIMONY

Public Hearing

June 8,2004 DocketNo. 58-0101-0304 Rules for the Control of

### AirPollution Idaho Department ofEnvironmental Quality (IDEQ) ByDickRush Vice President for Natural Resources Idaho Association ofCommerce and Industry Honorable Hearing Officer: Myname is DickRush, and I am Vice President ofNatural Resources for the Idaho Association ofCommerce and Industry. Our association is a broadbasedbusiness organization whose membership includes companies and business associations ofall sizes and types located throughout Idaho. Many ofour members are regulated bythe rules to control air pollution inIdaho. 

# - I am here to testify in support ofthe rules expressed in DocketNo. 58-0101-0304. Thank you for the opportunityto present our views. We agree with the Idaho Department ofAdministration's descriptive summaryofthe rules being considered today. Incorporating into state rules the revised New Source Review Regulations mandatedbythe U.S. Environmental Protection Agency is a positive move to ensure protection ofpublic health and the environment. We also agree that the newrules change the New Source Review applicability requirements for modifications to allow sources ofair emissions greater regulatory certainty, flexibility and permit streamlining. We also agree with the Department that the rule does not regulate an activity not regulated bythe federal government, nor is itbroaderin scope or more stringent than federal law orregulations. Our association and many ofour members participated in the negotiated rulemaking process that led to the adoption oftemporaryrules bythe Idaho Board ofEnvironmental Quality. 

## EXHIBIT

P.O. Box 389 • Boise, ID 83701 • (208) 343-1849 • FAX 338-5623 (p



# .................-1

### We supported adoption ofthe temporaryrules, and we support the final proposal for adoption ofa pending rule. IACI appreciates IDEQ's efficient and fair negotiated rulemakingprocess. All parties had an opportunityto give meaningful input, and webelieve that the resultingrules are beneficial to the state ofldaho. Further, they meet the federal requirement of incorporating new federal regulations inthe state 

### air rules. Thank you again for the opportunityto appearbefore you today.

## State ofIdaho 

## DEPARTMENT OF ENVIRONMENTAL QUALITY Board ofEnvironmental Quality

1410 North HIlton, BoIM, ID 83701-1251, (208) 373-0502 Dirk !(empthome, Governor TonllWdesty, Director


### DECLARATION OF RULEMAKING BY THE BOARD OF ENVIRONMENTAL QUALITY ADOPTION OF PENDING/AMENDED TEMPORARY RULE DOCKET NO. 58-0101-0304 Pursuant 

### to the authority granted to the 

### Board of Environmental Quality in Title 39, Chapter 1, Idaho Code, and under the provisions for rule adoption contained in Sections 

### 67-5224 and 

### 67-5226. Idaho Code, 

### I declare that the Rules for the Control 

### ofAir Pollution in Idaho are hereby adopted. as pending/amended temporary rules, as presented in the attached Final Proposal.


### I""'-U)-o+ Date

# JL:R~~ 

# (jh"R MacMll :Chaln STATE OF IDAHO ) 

### ) ss. County 

### ofAda ) 

### On this

# ~f October, 2004. before me, the undersigned, a Notary Public in and for said State, personally appeared John R. MacMillan, 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. 

### Notary Public**~daho**

## Res~ding at:

## ~£1t::t 

## Lt. 

# dO exPires: 

# ty 0 >

### ____ _ ___ 

### } 

# ,

New Source Review Rule Docket 58-0101-0304 Chronology of Rulemaking M 

### Board 

### dated 1/21/04 _._.- 

### back round infl

--**~(g** -­ 

### Action Date
- Comment Notice of Negotiated Rulemaking Published in 11/5/03 

### Administrative Bulletin Negotiated Meetings Held in Boise Partipants from regulated community, industrial association, environmental group: 11/12103
- 

### 11 12111/03
- 

### 11 1/15/04 

# - 16 214/04


# - 11 TemDorarv Rule Approved by Board 215/04 

### Temporary Rule Published in Administrative 313/04 

### Bulletin Proposed Rule Published in Administrative 5/5/04 

### Bulletin Public Comment Period Held 5/5/04
- 6/9/04 

### Public Hearing Held 6/8/04 

### One attendee -IACI representative Public Comments Received Amalgamated Sugar, MonsantolP4, IACI All comments were positive and expressed benefits to reaulated community What Actions Are We Requestinaj 1. Aporoval 

### of revisions to TemDOrarv Rule to reflect changes mlde in proDOsed rule a. Section 225
- reinstate two words deleted in error: Nonmajor Nnew source or modification to existing source with increase ofemissions ofone hundred (100) tons per year fH'm6F8 EDl8FRpt 

### !:IRger 8Y9seGtieR 

### 2:06.04 (DEQ wants to leave Mor more" in) b. Section 205.02.f
- insert word to make Subsection consistent with similar Subsections: 

### f. In 40 eFR 52.21 (Y)(4)(j), Administratorfor BACT. LAER and RAeT clearinghouse, Administrator 

### means the EPA Administrator. (DEQ wants to add -Administrator") 

### 2. 

## e

1018104 I

# ~ STATE OF IDAHO 

# MEMORANDUM
,- DEPARTMENT OF ENVIRONMENTALQUALITY

1410 North Hilton· BoIse,ldaho 83706-1255 • (208)**373~502** DirkKemplhome, Governor C. StephenAllred, Director 

### January 21,2004

To: Board of Environmental Quality From: Martin Bau

# AA**~ Administra~r,** **t..ixld~ty** Division Re: DocketNo. 58-0101-0304, New Source Review Revisions

This is written to provide background information to the proposedrulefound inDocket No. 58-0101-0304. 

### On December 31, 2002, The United States Environmental Protection Agency (EPA)promulgated 

### final rule revisions to the Prevention ofSignificant Deterioration (part C ofthe Clean Air Act) and the New Source Review (part D ofthe Clean Air Act) pennit programs. The rule revisions changed how 

### to detennine a significant emissions increase; further defined and addedprovisions for pollutioncontrol projects; and added



# - provisions for plant wide applicability limitations (PALs) and clean unit designations. In October 2003, EPA also promulgated the final rule revising the equipment replacement exemption under the Part C and PartD programs. Several additional revisions to these rule packages were finalized on Novernber 7,2003. Interested parties requested that the Department ofEnvironmental Quality (DEQ) incorporate these rule revisions into The Rules for the Control ofAirPollutionjn 

### Idaho Rules as quickly as possible. DEQ agreed to commence a negotiated rulenuiking, andheld 

### three negotiatedrulemakingmeetings onNovember 12,2003, December 11, 2003 and January 15,2004. Theresult ofthese meetings is the negotiatedrule beforeyou today. Therule was developed by comparing the federal regulations in 40 Code ofFederal Regulations Part 51 and Part 52 (which include EPA'snewchanges)to 

### the existing staterules. Where the state rules do notmatch the federal regulations, thenegotiated rule grouprecommends incorporatingbyreference the federal regulations into the state rules. This rule is no more orless stringentthan EPA'sregulations. Although some cleanup ofthe existingrule is stillrequired, the rulebefore you todayprovides a quick solution to 

### implementingEPA's changes into the state rules. Becausethe equipmentreplacementrulerevision is CUITently stayed; thatrule isnot incorporated in this docket Additionalnegotiated rulemaking is continuingto clean up existing areas ofthe 

### state rules, and wewill be 

### lookinginto all the permittingrules for additional clarifications, efficiencies, and modernizationto make

. the air pennittingrules easier

### to understand and complywith. 

### Ifyou have any questions regarding the proposedrule, please contact me at 373-0552 orPatNair, Stationary Source ProgramManager, at 373-0447. 

### MB:pah

## Proposed Motions for the October 2004 Meeting ofthe Idaho Board of Environmental Quality

Agenda Item 

# #6

Rules for the Control of Air Pollution in Idaho. Docket No. 58-0101-0304

I move that the Idaho Board of Environmental Quality adopt the Rules for the Control of Air Pollution in Idaho as presented in the final proposal under Docket No. 58-0101-0304.

I further move that the Idaho Board of Environmental Quality amend the February 2004 temporary rule as presented in the final proposal, with the amendments becoming effective December 1, 2004.



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# atRULE PROMULGATION AUTHORITY CHECKLIST 

# - Rules for the Control of Air Pollution in Idaho, IDAPA 58.01.01, Docket No. 58-0101-0304, New Source Review DATE INITIALS



### IL--- Legal Review of Proposed Administrative Rules Fonn and

# ~ Notice of Negotiated Rulemaking DirectorApproval of Proposed Administrative Rules Fonn and Notice of Negotiated Rulemaking Approval Received from DFM/Governor
Legal Review of ProposedlTemporary Rule Docket

Director Approval of ProposedlTemporary Rule Docket

Board Adoption ofTemporary Rule
Legal Review of PendinglTemporary Rule Docket 

# 't/r/o«--t**4-~** Director Approval of PendinglTemporary Rule Docket

Board Adoption of PendinglTemporary Rule



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## l~~~~~--~--==--~---- 

## o**r~---nil** 

# l Public Notice Effective Date: 1211104 

### (amended temporary) and 2005 

### sine die (pending) Dockt.•. 4umber: 58-0101-0304 

### Negotiated Rule Making: 

### [Xl Yes [] No Rules Title: Rules for the Control ofAir Pollution in Idaho Groups Involved: sign in sheet attached Agency Contact and Phone: Martin Bauer. 373-0440 

### or Pat Nair, 373-0447


### Hearings: 

### [Xl Yes [ ] No The U.S. Environmental Protection Agency has revised regulations in 40 

### CFR Part 52, 

### Descriptive Summary of Rule as itwas Initially Proposed: locations and Dates: Boise, JuneS, 2004 

### governing the New Source Review programs mandated by Title I ofthe Clean Air Act. DEQ has initiated this rulemaking to incorporate these changes into the Rules for the Control of Air Pollution in Idaho. Incorporation of the revisions to 40 

### CFR Part 52 

### into the Rules for the Control ofAir Pollution in Idaho will include changes in New Source Review applicability requirements for modifications to allow sources of air emissions greater regulatory certainty, Written Comment Deadline: June 9, 2004 

### flexibility and permit streamlining while ensuring protection of public health and the environment. This rule was adopted by the Board of Environmental Quality as atemporary rule in February 2004 

### and is currently effective. All public comments received are in support ofthe proposed rule. DEQ recommends that the Board of Environmental Quality adopt the final proposal, as presented under Docket No. 58­ 0101-0304, 

### as a pending rule with the effective date coinciding with the adjournment sine die ofthe First Regular Session ofthe Fifty-eight Idaho legislature. After adoption ofthe temporary rule, DEQ discovered minor errors and requests that the Board amend the Costs to the Agency: long-term reductions are antiCipated temporary rule for consistency with the pending rule. The pending rule is subject to review by due to the development of a more efficient permitting the legislature before becoming final. process. Costs tothe Regulated Community: None

Relevant Statutes: Idaho Code §§ 39-105 

### and 39-107



### IDAHO CODE § 

### 39·1070 STATEMENT: This rule does not regulate an activity not regulated by the federal government, nor is it broader in scope or more stringent than federal law or regulations.

Rulemaking and Public Comment Summary
- Page 1

### Temporary Rule [ ] Necessary to protect public health, safety orwelfare [ ] Compliance with deadlines in amendments 

### to governing law or federal programs [ ] Conferring a benefit

Docket Number: 58-0101-0304 I



### Section Existing Rule Summary Proposed Rule Summary Summary of Rule Changes Based on Public Comment Outstanding Issues OOS. General Definitions 1. Delete definition for Major Facility (00S.55); 2. Delete definition of Major Modification (00S.5S); 3. Renumber remaining sections (00S.57 through 00S.11S). No change to proposed rule. DEQ received comments in support of the rule. See attached Response 

### to Public Comments. None

I



### 200 Procedures and Requirements for Permits to Construct Add references to Code of Federal Register to define major facility and major modification. No change to proposed rule. DEQ received comments in support of the rule. See attached Response to Public Comments. None

202.01.b.v. (Permit to Construct) Application Procedures Delete reference to Subsection 204.04 regarding major facilities and major modifications. No change to proposed rule. DEQ received comments in support of the rule. See attached Response to Public Comments. None

202.01.b. (Permit to Construct) Application Procedures Delete reference to Subsection 205.04 regarding major facilities and major modifications. No change 

### to proposed rule. DEQ received comments in support of the rule. See attached Response to Public Comments. None

204 Permit Requirements for new Major Facilities or Major Modifications in Nonattainment Areas Revised to incorporate by reference appropriate sections of federal 40 CFR 51.1S5 and 40 CFR 52.21.**-~** - 

### No change to proposed rule. DEQ received comments in support of the rule. See attached Response to Public Comments. None

RUlemalti7 and Public Comment Summary
- Page 2 

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## ) Docket l'\Iumber: 58..0101-0304 

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Section ".,



### Existing Rule Summary Proposed Rule Summary Summary of Rule Changes Based on Public Comment Outstanding Issues 205 Permit Requirements for New Major Facilities or Major Modifications in Attainment or Unclassifiable Areas Revised to incorporate by reference appropriate sections of federal 40 CFR 52.21. No change to proposed rule. DEQ received comments in support of the rule. See attached Response to Public Comments. The temporary rule has been corrected for consistency with the proposed rule by adding ., Administrator" after the word ·clearinghouse" in Subsection 205.02.f. None

206 Optional Offsets for Permits to Construct Revised to accommodate changes made in Sections 204 and 205 and to make crossreference to federal 40 CFR 52.21. No change to proposed rule. DEQ received comments in support of the rule. See attached Response to Public Comments. None

209.02.a. Procedure for Issuing Permits Delete reference to Subsection 205.04 regarding major facilities and major modifications. No change to proposed rule. DEQ received comments in support of the rule. See attached Response to Public Comments. None

225 Permit to Construct ProceSSing Fee

, -­ 

### Delete reference to Subsection 205.04 to majorfacilities and major modifications. No change to proposed rule. DEQ received comments in support of the rule. See attached Response to Public Comments. The temporary rule has been corrected for consistency with the proposed rule by adding the words ·or more" after "per year" in the fifth cell ofthe table. The words "or more" were inadvertently struck out when the temporary rule was adopted in February 2004.

-­ 

### None .. ".



### Rulemaking and Public Comment Summary
- Page 3

### Docket Number: 58-0101-0304

Section Existing Rule Summary Proposed Rule Summary Summary of Rule Changes Based on Public Comment Outstanding Issues

401.01.b Tier II Operating Permit Add complete Subsection reference to existing reference. No change to proposed rule. DEQ received comments in support of the rule. See attached Response to Public Comments. None

Rulemaking and Public Comment Summary
- Page 4 

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### FINAL PROPOSAL 

## ( RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO. DOCKET NO. 58-0101-0304 Pending Rule The initial proposal appeared in the Idaho Administrative Bulletin. May 5.2004, Vol. 04-5. pages 116 through 137. The Department of Environmental Quality (DEQ) recommends that the Board of Environmental Quality (Board) adopt the rule as initially proposed.
Amended Temporary Rule The temporary rule was adopted by the Board in February 2004 and published in the Idaho Administrative Bulletin, March 3, 2004, Vol. 04-3, pages 20 through 41. DEQ recommends that the Board take the follOwing action: IDAPA 58.01.01.205 ADOPT AS AMENDED IDAPA 58.01.01.225 ADOPT AS AMENDED

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# -- IDAPA 58
- DEPARTMENT OF ENVIRONMENTAL QUALITY 58.01.01
- RULES FORTHE CONTROL OF AIR POLLUTION IN IDAHO DOCKET NO. 58-0101-0304 NOTICE OF RULEMAKING
- PENDING RULE AND AMENDMENTS TO TEMPORARY RULE
EFFECTIVE DATE: 

### The amendments to 

### the temporary rule are effective December 1, 2004. This rule has been adopted by the Board of Environmental Quality (Board) and is now pending review by the 2005 Idaho State Legislature for final approval. The pending rule will become final and effective immediately upon the adjoumment sine die 

### of the First Regular Session ofthe Fifty-eighth Idaho Legislature unless prior to that date the rule is rejected, amended or modified by concurrent resolution in accordance with Idaho Code Sections 67-5224 and 67-5291. Al1fHORITY: 

### In compliance 

### with Idaho Code Sections 67-5224 and 67-5226, notice is hereby given that the Board has adopted a pending rule and amended atemporary rule. This action is authorized by Sections 39-105 and 39-107, Idaho Code. DESCRIPTIVE SUMMARY: 

### The U.S. Environmental Protection Agency has revised regulations in 40 CFR Part 52, governing the New Source Review programs mandated by Title I of the Clean Air Act. DEQ has initiated this rulemaking to incorporate these changes into the Rules for the Control ofAir Pollution in Idaho. Incorporation of the revisions to 40 CFR Part 52 into the Rules for the Control of Air Pollution in Idaho will include changes in New Source Review applicability requirements for modifications to allow sources of air emissions greater regulatory certainty, flexibility and permit streamlining while ensuring protection of public health and the environment. This rule was adopted by the Board of Environmental Quality as a temporary rule in February 2004 and is currently effective. In February 2004 the Board adopted the rule as a temporary rule. In May 2004, the Department of
­ Environmental Quality (DEQ) published the proposed rule, inviting the public to comment on the rule. Idaho Administrative Bulletin, May 5, 2004, Vol. 04-5, pages 116 through 137. All public comments received are in support of the rule, and the rule has been adopted as initially proposed. After adoption of the temporary rule, DEQ discovered minor errors and requested that the Board amend the temporary rule for consistency with the pending rule. The temporary rule has been amended at Subsection 205.02.1. and the table in Section 225. The rulemaking record, which contains a detailed explanation for these changes, can be obtained by contacting the undersigned. IDAHO CODE § 39-1070 STATEMENT: 

### This rule does not regulate an activity not regulated by the federal government, nor is it broader in scope or more stringent than federal law or regulations. GENERAL INFORMATION: 

### For more information about DEQ's programs and activities, visit DEQ's web site at www.deq.stateJd.us. ASSISTANCE ON TECHNICAL QUESTIONS: 

### For assistance on technical questions concerning this rulemaking, contact Martin Bauer at (208)373-0440, mbauer@deq.stateJd.us. DATED this 3rt! day of November, 2004.
Paula 

### J. Wilson Environmental Quality Section Attorney General's Office 1410 N. Hilton Boise, Idaho 83706-1255 (208)373-04181Fax No. (208)373-0481 pwilson@deq.state.id.us 

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### 205. PERMITREQUIREMENTS FORNEW MAJORFACILITIES ORMAJOR MODIFICATIONS IN 

### (

# ·­ ATTAINMENT ORUNCLASSIFIABLE AREAS. The prevention of significant deterioration (PSD) program is a construction permitting program for new major facilities and major modifications to existing major facilities located in areas in attainment or in areas that are unclassifiable for any criteria air pollutant. Section 202 contains application requirements and Section 209 contains processing requirements for PSD permit actions. The intent of Section 205 is to incorporate the federal PSD rule requirements. (2-5-04)T (Break in Continuity ofSubsections) 

### 02. Exception to Incorporation by Reference of 

### 40 CFR 52.21. Every use of the word Administrator in 40 CFR52.21 means the Department exceptfor the following: (2-5-04)T (Break in Continuity ofSubsections) f. In 40 CFR 52.21(y)(4)(i), Administrator for BACT, LAER and RACT clearinghouse" Administrator means the EPA Administrator. (25 Q4)T02-1-04)T
(Break'in Continuity ofSections)


### 225. PERMITTO CONSTRUCT PROCESSING FEE. A permitto constructprocessing fee, calculated by the Department pursuantto the categories provided inthe following table, shall be paid tothe Departmentby the person receiving the permit. The applicable processing fee category shall bedetermined by adding together the amount ofincreases ofregulatedpollutantemissions and subtracting any decreases ofregulatedpollutant emissions as identified in the permitto construct. The fee calc I' shall . 1 d fu

. . u ation notmcu e**~ltive** emlSSlons. 

# ( [PERMIT TO CONSTRUCT CATEGORY FEE General permit, no facility-specific reqUirements (Defined as a source category specific permil $500

. for which the Department has developed standard emission limitations, operating

requirements, monitoring and recordkeeping reqUirements, and that require minima engineering analysis. General permit facilities may include portable concrete batch plants portable hot-mix asphalt plants and portable rock crushing plants.) lNew source or modification to existing source with increase ofemissions of less than one (1 ton peryear $1,000 New source or modification to existing source with increase of emissions of one (1) to less$2,500 than ten (10) tons peryear New source or modification to existing source with increase of emissions of ten (10) to less**~5,OOO** than one hundred (100) tons peryear Nonmajor new source or modification to existing source with increase of emissions of one$7,500 hundred (100) tons peryearor more New majorfacility or major modification $10,000 Permit modifications where no engineering analysis is reQuired $250 Application submittals for exemption applicability determinations, typographical errors, and $0.00 name and ownership changes as described in Subsections 224.01, 224.02, 224.03 (2 5 Q4)T02-1-04lT

# ------- ·Aj);-fiO.A 

# I ;n!er;.1Dan Brown/R10lUSEPAIUS 12/10/200802:46 PM

<Lisa.Kronberg@deq.idaho.gov:>

<Lisa.Kronberg@deq.ldaho.g OV> 08/28/200807:40 AM To Removed for Printing cc Removed for Printing Subject Fw: fix to

## err citation in 58.Q1.01.204.01

To Dan BrownlR10/USEPAlUS@EPA,Julie VergeronVR10/USEPAlUS@EPA cc Supject FW: fix 

### to cfr citation in 58.01.01.204.01

Well
- there you have it - a fix that is easy ­ 

### From: Paula Wilson Sent: Thursday, August 28,20088:37 AM To: Usa Kronberg; Phyllis Heitman 

### Subject: FW: fix to cfr citation in 58.01.01.204.01 It's fixed :) Attached is the e-mail from Dennis at office of admin rules.·


### From: Dennis Stevenson [mailto:Dennis.Stevenson@adm.idaho.gov] Sent: Wednesday, August 27,20084:35 PM To: Paula Wilson 

### Subject: RE:
Hello Paula, As we discussed earlier, this email is to confirm that the change that you have requested to the table in IDAPA 58.01.01, Subsection 204.01 has been made. Pursuant to Section 67-5202(2), Idaho Code, this correction falls within my authority to amend the Administrative Code outside of regular rulemaking procedures because this change does not alter the sense, meaning, or effect of the rule and is non-substantive in nature. This correction has been done as a clerical revision to the rule and the corrected rule has been posted and is now available on line. Regards, Dennis 

### R. Stevenson Administrative Rules Coordinator Dept ofAdministration State of Idaho 208.332.1822 dennis.stevenson@adm.idaho.gov 

### From: Paula.Wilson@deq.idaho.gov [mailto:Paula.Wilson@deq.idaho.gov]

# I Sent: Wednesday, August 

### 27, 2008 2:52 PM To: 

### Dennis Stevenson 

### Subject: Dennis, Per our conversation this afternoon, please make the following correction to idapa 

### 58.01.01.204. The correct citation is highlighted in yellow. Thanks, Paula p.s. Would you please send me an e-mail after the correction has been made so I can tell myfriends here at DEQ.
IDAPA 58.01.01 204. Permit Requirements For New Major Facilities OrMajorModifications In Nonattainment Areas. New major facilities ormajormodifications proposed for location in a nonattainment area and which would be major for the nonattainment regulated airpollutant are considered nonattainment new source review (NSR) actions and are subject to the requirements in Section 204. Section 202 contains application requirements and Section 209 contains processing requirements for nonattainment NSR permitting actions. The intent of Section 204 is to incorporate the federal nonattainment NSR rule requirements. (4-6-05) 01. Incorporated Federal Program Requirements. Requirements contained in the following subparts of40 CFR 51.165 are incorporated byreference into these rules at Section 107. Requirements contained in the following subparts of40 CFR 52.21, are incorporated by reference at Section 107 ofthese rules. These CFR sections have beencodified in the electronic CFRwhich is available at www.gpoaccess.gov/ecfr


### ··40CFRReferenC4' i

# I40CFRRe

..... 

# nue 40 CFR 51.165(a)(1) Definitions

, . 4Q CFR 51.165(a)(2)(ii)(A) (J) Applicability Provisions 40 CFR 51.165(a)(2)(ii)
- 51.165(a)(3) 40 CFR 51.165(a)(6)(i)
- (v) Applicability Provisions 40 CFR 52.21(aa) Actual PALs (4-2-08)STATE OF IDAHO 

### DEPARTMENT OF ENVIRONMENTAL QUALITY

1410 North Hilton· Boise. Idaho 83706· (208) 373·0502 C.L. "Butch" Otter. Governor Toni Hardesty. Director 

### September IS, 2008

Elin D. Miller, Regional Administrator 

## P4-y**~ ~+**  USEPA, Region 10 Mail Code RA-140 1200 Sixth Avenue 

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# 1c.1 Seattle, W A 98101

# ~--------------------- RE: Certification ofSIP Elements for Eight-Hour Ozone 

### & 

## PM2.s NAAQS Under Clean Air Act Sections llO(a)(l)-(2) Dear Ms. Miller: In 1997, the United States Environmental Protection Agency (EPA) promulgated new eight-hour ozone and PM 2.5 National Ambient Air Quality Standards (NAAQS) requiring that states submit State Implementation Plan (SIP) "infrastructure" elements under Section 1l0(a)(l) and (2) ofthe Clean Air Act. On October 2,2007, EPA issued the "Guidance on SIP Elements Required Under Sections II

### O(a)(l) and (2) for the 1997 Eight-Hour Ozone and PM2.5 National Ambient Air Quality Standards." According to this guidance, ifexisting SIPs for ozone and particulate matter already meet the infrastructure element requirements, states may certify that their SIPs meet the requirements instead of submitting a revised SIP for the eight-hour ozone & 

## PM 2.

## sNAAQS. Idaho's SIP is codified in 40 CFR Part 52, Subpart N. As indicated in the enclosed "Idaho Department ofEnvironmental Quality, Certification ofState Implementation Plan Adequacy Regarding Clean Air Act Sections 110(a)(1)and (2)" Idaho's SIP meets the infrastructure obligations for the eight-hour ozone and PM 2.5 NAAQS. Ifyou have any further questions orwould like additional information, please contact Mike Edwards at (208) 373-0438. Sincerely,

# ~~,~ ... 

### Toni Hardesty Director

cc: Martin Bauer, Air Quality Administrator Mike Edwards, DEQ, Mobile and Area Source Program

P r I [J ! C1 (j J n R iJ eve! ,/ n, - .

## Idaho Department of Environmental Quality



# Certification of State Implementation Plan Adequacy

Regarding Clean AirAct Sections 110(a)(1) and (2)

September 15,2008

# Certification of Idaho State Implementation Plan Adequacy Regarding Clean Air Act Sections 110(a)(1) and (2)
The purpose ofthis document is to provide the Environmental Protection Agency (EPA) withcertification that the Idaho State Implementation Plan (SIP) for air quality adequately meets the "infrastructure" requirements of7401 U.S.C. §211O(a)(1) and (2). Sections 11O(a)(1) and (2) ofthe CleanAir Act. This certification was requested in an October 2, 2007, EPA memo from William Harnett, Director ofEPA's Air Quality Policy Division. As discussed in the Harnett memo, onJuly 18. 1997. EPApromulgated new and revised National AmbientAir Quality Standards (NAAQS) for ozone and particulate matter (PM). For ozone, EPA revised the NAAQS to provide an eight-hour averaging period (versus a one-hour averaging period for the preexistingNAAQS). and set the level ofthe standard at 0.08 ppm (versus 0.12 ppm for the preexistingNAAQS). ForPM, EPA promulgated a new 24-hour and a new annual NAAQS for PM2.s (particles with an aerodynamic diameter less than orequal to a nominal 2.5 micrometers). Under Sections 11O(a)(1) and (2) ofthe CAA. all states are required to submit plans (SIP) to provide for the implementation, maintenance, and enforcement ofthe eight-hour ozone and PM25 standards. Sections 110(a)(I) and (2) require states to address basic SIP requirements, including emissions inventories, monitoring, and modelingto assure attainment and maintenance ofthe standards. By statute, SIPs meeting the requirements of sections 11O(a)(1) and (2) are to be submitted by states within three years after promUlgation ofa newor revised standard. This being the case, states were required to submit such SIPs for the 1997 standards to EPA no later thanJuly 2000. However, intervening litigation over the 1997 eight-hour ozone and PM25 NAAQS created uncertainty about how to proceed and, to date, states have not submitted SIPs to meet the basic or infrastructure requirements enumerated in Sections 11O(aXI) and (2). The Idaho Department ofEnvironmental Quality (DEQ) is submitting this document to certify that its SIP already meets the Section IIO(a)(1) and (2) requirements. The Idaho SIP, approved on September 6, 1972 and numerous subsequentrevisions, explicitly fulfilled these requirements. Several SIP revisions are still pending atEPA. As detailed below, the Section 110(a)(2) requirements are fulfilled by referencing sections from Idaho's Environmental Protection and Health Act, Idaho Code Section 39-101 and the Rules for the Control ofAir Pollution, IDAPA 58.01.01

. Inorder to address all requirements in Sections 11O(a)(1) and (2). Idaho submitted to EPA onJanuary 23, 2007 a Revision to the Idaho State Implementation Plan, addressing the Interstate Air Pollution Transport Requirements ofClean AirAct Section 110(a)(2)(D)(i). 

### !I 11O(a)(2)(A) 

### SIP Requirement: Include enforceable emission limitations and othercontrol measures. means, ortechniques (including economic incentives such as fees, marketable permits, and auctions ofemissions

2

### rights), as well as schedules and timetables for compliance as may be necessary or appropriate to meet the applicable requirements ofthis Act. Idaho Requirement: Idaho's air quality laws are located in the Idaho Environmental Protection and Health Act (EPHA) at Idaho Code Sections 39·101 through 39·130 and the Rules ofthe Control ofAi r Pollution in Idaho (Rules) at IDAPA 58.01.01. Idaho Code Section 39·1 05(3)(d) provides DEQ with the broad powerto supervise and administer a system to safeguard air qUality. Idaho Code Section 39-115 provides specific authority for the issuance ofair quality permits. Rules relating to air quality permits are found at IDAPA 58.01.01.200 through 228,300 through 399 and 400 through 410. Each ofthese permit programs have associated fees. Sources exempt from the requirement to obtain an air quality permit, except for a few listed sources, include sources that have the potential to emit less than 10% ofthe significant emission rates. IDAPA 58.01.01.221.01

. To obtain a permitto construct or a Tier 11 operating permit, the applicant must demonstrate to the satisfaction ofDEQ that the source will not cause or significantly contribute to a violation ofany ambient air quality standard. IDAPA 58.01.01. 203.02 and 403.02. Estimates ofambient concentrations are based on air quality models, data bases and other requirements specified in 40 CFR 51, Appendix W (Guideline on Air Quality Models). IDAPA 58.01.01.202.02 and 402.03. DEQ annually updates and refers to EPA for incorporation by reference ofall national ambient air quality standards, and updates to Appendix W. IDAPA 58.01.0lAO 1.03 provides DEQ with the authority 

### to require a Tier II permit ifit determines emission rate reductions are necessary to attain or maintain any ambient air quality standard or applicable prevention ofsignificant deterioration (PSD) increments. IDAPA 58.01.01.107.03.a and b. Specific requirements for major sources in attainment orunclassifiable areas are listed in IDAPA 58. 202, 205 and 209. Specific requirements for major sources in nonattainment areas are listed in 58.01.01.202, 204 and 209. 'It should be noted that a cite in the table to Section 204 has been administratively corrected pursuant to Idaho Code Section 67-5202(2). The cite was changed from 40 CFR 51. 165(a)(2)(ii)(A)

- (1) 

### to 40 CFR 51.165(a)(2)(ii)

- 51. 165(a)(3). FederalNewSource Review (NSR) requirements are incorporated inboth IDAPA 58.01.01.204 and 205. 

## 1110(a)(2)(B) SIP Requirement: Provide for establishment and operation ofappropriate devices, methods, systems, and procedures necessary to monitor, compile and analyze data on ambient air quality, and upon request make suchdata available to the Administrator.

Idaho Requirement: IDAPA 58.01.01.107.3b Incorporates 40 CFR Part 50 into IDAPA IDAPA 58.01.01.107.3e Incorporates 40 CFRPart 53 into IDAPA IDAPA 58.01.01.107.3f Incorporates 40 CFRPart 58, Appendix B into IDAPA IDAPA 58.01.01.576.05 Incorporates 40 CFRPart 50, 53 for defining ambient air monitoring methods

3

### The above sections ofthe Idaho Administrative Code give Idaho authority to implement ambient air monitoring surveillance systems in accordance with the requirements ofreferenced sections

. ofthe Clean AirAct. DEQ collects and reports to EPA ambient air quality data for PM2.5, PMIO, N02, CO, 03, and S02. These data are reviewed, verified and validated,priorto being submitted to EPA's Air Quality System, orAQS, no later than 90 days from the endofthe calendar quarter from which the data was collecte4. On July 1 ofeach year, the previous year's ambient air monitoring data is "certified" by the Air Division Administrator as being true, accurate and complete. 

## 111O(a

## )(2)(C) SIPRequirement: Include a program to provide for the enforcement ofmeasures described in subparagraph (A) and regulation ofthe modification and construction of any stationary source with the areas covered by the plan as necessary to assure the national ambient airquality standards are achieved, including a perm.\tprogram as required in parts C and D. 

### Idaho Requirement: Idaho Code Section 39-108 provides DEQ with the authority to enforce both administratively and civilly the EPHA, or any rule, permit ororder promulgatedpursuantto the EPHA. Criminal enforcement is authorized at Idaho Code Section 39-109. Emergency order authority, similarto that under Section 303 ofthe CleanAirAct, is located at Idaho Code Section 39-112. In regard to requiring stationary source compliance withthe NAAQS. See discussion under Section 11O(a)(2)(A), above. 

## 111O(a

## )(2)(») SIP Requirement: Contain adequate provisions 

### (i) prohibiting, consistent with the provisions ofthis title, any source or othertype 

### of emissions activity within the state from emitting any air pollutant in amounts which will (I) Contribute significantly to nonattainment in orinterfere with maintenance by, any other state with respect to any such national primary or secondary ambient airquality standard or (II) Interfere with measures required to be included in the applicable implementation plan for any other state underpart C to prevent significant deterioration ofair quality orto protect visibility; 

### Idaho Requirement: Idaho submitted an Interstate Transport State Implementation Plan to EPA on January 23,2007. Idaho's Interstate Transport SIP was included inthe June 26, 2007 Federal Register 35015 for approval and comments.

4

## §110(a)(2)(E) SIP Requirement: Provide (i) necessary assurances that the state (or except where the Administrator deems inappropriate, the general purpose local government or governments, or a regional agency designated bythe state or general purpose local governments for such purpose) will have adequate personnel, funding, and authority under state (and, as appropriate, local) lawto carry out such implementation plan (and is not prohibited by any provision offederal or state law from carrying out such implementation plan orportion thereof); (ii) requirements that the state comply with the requirements respecting state boards under section 128, and 

### (iii) necessary assurances that where the state has relied on local orregional government, agency, or instrumentality for the implementation ofany plan provision, the state has responsibility for ensuring adequate implementation ofsuch plan provision. 

### Idaho Requirement: §IIO(a)(2)(E)(i) The state ofIdaho has adequate personnel funding and authority to carry out its SIP. Idaho Code Section 39-106 gives the DEQ Director the authority to hire personnel to carry out duties ofthe department. §11O(a)(2)(E)(ii) The Board ofEnvironmental Quality, established pursuant to Idaho Code Section 39-107, meets the requirements under Section 128. See also, The Ethics in Government Act of 1990, Idaho Code Section 59-107, et seq. DEQ is comprised ofa central office and six regional offices. This submittal includes only those statutes and rules applicable statewide. 

### §II0(a)(2)(E)(iii) Forcertain nonattainment plans, DEQ has entered into agreements for local implementation and enforcement ofmeasures such as woodstove and street sweeping ordinances. When DEQ relies on local enforcement, it also is able to enforce the local ordinance under its own authorities. For instance, failure to street sweep whenrequired may constitute a violation ofthe requirement to control fugitive dust, IDAP A 58.01.01.650-651.·Ifa resident failed to comply with a woodstove ordinance, then DEQ could issue the resident a Tier II permit and enforce the ordinance terms then included in the permit.

5

## 1110( a)(2)(F) SIP Requirement: Require, as may be prescribed by the Administrator (i) the installation, maintenance, and replacement ofequipment, and the implementation ofother necessary steps by owners or operators ofstationary sources to monitor emissions from such sources; 

### (ii) periodic reports onthe nature and amounts ofemissions and emissions-related data from such sources; and (iii) 

### correlation ofsuchreports by the state agency with any emission limitations or standards established pursuantto this Act, which reports shall be available at reasonable times for public inspection. Idaho Requirement: DEQ's 

### air qualitypermits are practically enforceable and contain requirements to (i). 

### install, maintain and replace equipment, (ii)

### monitor emissions, and 

### (iii) submit reports. See IDAPA permit sections listed above and IDAPA 58.01.01.157 regarding source tests. Information order authority is located at IDAPA 58.01.01.122 and records are available for public inspection under Idaho's Public Records Act. See Idaho Code Section 19-342(A) and IDAPA 58.01.21. 

## 1110(a)(2)(G) SIPRequirement: Provide for authority comparable to that in Section 303 and adequate contingency plans to implement such authority; Idaho Requirement: Emergency Order authority comparable to Section 303 ofthe Clean AirAct is located at Idaho Code Section 39-112. IDAPA 58.01.01.550 through 562 include Idaho's Air Pollution Emergency Rules, which will be updated as soon as the federal guidelines are updated. 

## 1110(a)(2)(H) SIP Requirement: Provide for revision ofsuchplan (i) from time to time as may be necessary to take account ofrevisions ofsuch national primary or secondary ambient 

### air quality standard orthe availability ofimproved or more expeditious methods ofattaining such standard; and 

### (ii) except as provided in paragraph (3)(C), wherever the Administrator finds onthe basis ofinformation available to the Administrator that the plan is substantially inadequate to attain the national ambient 

### air quality standard which it implements, orto otherwise comply with any additional requirements established underthis Act; Idaho Requirement: Idaho Code Section 39-105(3)(d) provides DEQ with the broad authority to revise rules, in accordance with IDAPA 58.01.23.808 through 860, to meet national ambient airquality standards as incorporated byreference in IDAPA 58.01.01.107. See also permitting program described in Section 11O(a) (2) (A), above.

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## 1110(a)(2)(I) SIP Requirement: In the case ofa plan orplan revision for an areadesignated as a nonattainment area, meet the applicable requirements ofpart D (relating to nonattainment areas); 

### Idaho Requirement: See discussion directly above and note IDAPA 58.01.01.204 relating to Subpart D permit requirements. 

## 1110(a)(2)(J) SIP Requirement: Meet the applicable requirements ofSection 121 (relating to consultation); Meetthe applicable requirements ofSection 127 (relating to public notification); Meet the applicable requirements ofpart C (relating to prevention ofsignificant deterioration of air quality' and visibility protection). 

### Idaho Requirement: DEQ has an established public participation process for all SIP revisions and permitting programs. See IDAPA 58,01.01.209, and 404. DEQconsults with other state agencies, local agencies and nongovernmental organizations, as well as with the environmental agencies of other states regarding air quality issues. DEQ is given authority to enter into agreements with local governments under Idaho Code Section 39-129. Outreach with local governments is promoted under Idaho Code Section 39-105.03(c). See also IDAPA 58.01.01.563 through 574 regarding transportation conformity and IDAPA 58.01.23.800 through 860 regarding rulemaking. Generally speaking, DEQ incorporates by reference the federal prevention of significant deterioration and nonattainment new source review programs. See IDAPA 58.01.01.200 through 223, and specifically, 204 and 205. Visibilityrequirements are included in the permitting program at IDAPA 58.01.01.202.01.b.v and c.vi and, generally at IDAPA 58.01.01.625. 

## 111O(a)(2)(K) SIP Requirement: Provide for:



### (i) the performance ofsuch air quality modeling as the Administrator may prescribe for the purpose ofpredicting the effect on ambient air quality ofany emissions ofany air pollutant for whichthe Administrator has established a national ambient air quality standard, and 

### (ii) the submission, upon request, ofdatarelated to such air quality modeling to the Administrator. 

### Idaho Requirement: Airquality modeling is conducted during development ofrevisions to the SIP, as appropriate for the state to demonstrate attainment withrequired airquality standards. Modeling is also addressed in the permitting process see discussion at Section 110(a)(2)(A) above. Estimates of

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### ambient concentrations are based on air quality models, databases and otherrequirements specified in40 CFR 51, Appendix W (Guideline on Air Quality Models) and incorporated by reference under IDAPA 58.01.01.107.03.a 

## 1110(a)(2)(L) SIP Requirement: 

### require the owner oroperator ofeach major stationary source to pay to the permitting authority, as a condition ofanypermit required under this Act, a fee sufficient to cover



### (i) the reasonable costs ofreviewing and acting uPon any application for such a permit; and 

### (ii) ifthe owner oroperatorreceives a permit for such source, the reasonable costs of implementing and enforcing the terms and conditions ofany suchpermit (not including any court costs or other costs associated with any enforcement action) until such fee requirement is superseded with respect to such sources by the Administrator's approval ofa fee program under Title V. Idaho Requirement: 

### Section llO(a)(2)(L) owners and operators**~fmajor** 

### stationary sources are required to pay for the permitting authority reasonable costs ofand enforcement until a fee requirement is superseded

.with respect to such sources by the Administrator's approval ofa fee program under Title V. EPA approved Idaho's Title V program on October4,2001 (66 FR 50574) with an effective date ofNovember 5,2001. EPAregularly reviews DEQ's Title V fee program to determine ifthe fee structure is adequate to pay for the program and assure the funding is only going toward Title V implementation

.. IDAPA 58.01.01.387 through 397 covers Title V programs and fees. 

## 1110(a)(2)(M) SIP Requirement: 

### Provide for consultation and participation by local political subdivisions affected by the plan. Idaho Requirement: 

### Consultation with a variety ofdifferent state and local organizations is a regular part ofDEQ's process ofdeveloping SIPrevisions. The requirements for plan preparation and public process includes 40 CFR 51 incorporated by reference under IDAPA 58.01.01.107.03.a. Also see discussion under llO(a) (2) (1), 

### above.

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