.­

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 to the 

Department of Environmental Quality's (DEQ) Rules for the Control of Air Pollution in Idaho, 

IDAPA 58.01.01. DEQ is seeking Environmental Protection Agency (EPA) approval of the 

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 Air Act and 

applicable federal regulations. None of the 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 of these 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, DEQ 
STATE 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 of the 

Implementation Plan for the Control of Air 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. 

DATED this 13th day of July, 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 9810 1 


RE: Docket No. 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 Docket No. 58-0101-0304, submitted herewith. 

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 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 equipment replacement 

exemption under Part C and Part D programs. Because implementation ofthe equipment replacement 

rule revision is currently stayed in federal court, this docket does not address that rule. Several additional 

revisions to these rule packages were finalized on November 7, 2003. 

The rule requires state and local agencies to adopt and submit revisions to their Part 51 pennitting 

programs implementing the minimum elements ofthe rule revisions to EPA no later than January 2, 2006. 

67 Fed. Reg. 80186, 80240. This SIP revision satisfies that requirement. 

Interested parties requested that the Department ofEnvironmental Quality (DEQ) incorporate the rule 

revisions into the 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 by the 

Board ofEnvironmental Quality on October 20, 2004 and approved by the Idaho Legislature, with a final 

effective date ofApril 6, 2005. 

The rule was developed by comparing the 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. Rather than 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 to the state rules. 

The following charts list the federal program requirements and where these requirements are located in 

the Idaho Rules. Ifthe federal program requirements were not in the Idaho Rules, they were then added 
USEPA, Region X 

July 13,2005 

Page 2 of3 

to the major permitting sections, IDAPA 58.01.01.204 (requirements for new major facilities or major 

modifications in non-attainment areas) and Section 205 (permit requirements for new major facilities or 

major modifications in attainment or unclassifiable areas). Both these sections specifically state that "the 

intent of Section 204 [and 205] is to incorporate the federal non-attainment NSR [the federal PSD] rule 

requirements." 

205. Permit Requirements for New Major Facilities or Major Modification 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 CFR 52.21(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 CFR 52.21(x) 

40 CFR 52.21(y) 

40 CFR 52.21(z) 

40 CFR 52.21(aa) 

40 CFR 52.2 1 (bb) 

40 CFR 52.21(cc) 

Plan disapproval 

Definitions 

Ambient air increments 

Ambient air ceilings 

Restrictions on area 

classifications 

Reserved 

Redesignation 

Stack heights 

Review of major 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 1areas 

Public participation 

Source obligation 

EIS 

Disputed permits or 

redesignation 

Delegation of authority 

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 Replacement 
USEPA, 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 58.01.0 1.202.0 l.b.v; v.i; 209.02.a; and 225 were also deleted. 

Concerned that an owner/operator ofa stationary source may apply the minor source permitting rules and 

determine that-the source is major, but then 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 or exclusion under the 

provisions of 40 CFR 51.165 or 40 CFR 52.21 incorporated in Section 204, then the nonmajor facility or stationary source permitting requirements of Sections 200 through 228 

apply, including the exemptions in Sections 220 through 223. 

Finally, Sections 206 and 401.01.b were modified to correct the appropriate references regarding 


offsets. 


Please call me at 208-373-0440 ifyou need further infonnation. 

Sincerely, 

~--to'~ Martin Bauer 

Administrator 

Air Quality Division 

MBIPH 
STATE 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 


USEPA Region 10 


1200 Sixth Avenue 


Seattle, W A 9810 I 


Dear Mr. Kreizenbeck: 

The Idaho Department ofEnvironmental Quality (DEQ) is currently in the state process of 

revising its State Implementation Plan (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 on them under docket 58­

0101-0304, submitted on July 13,2005. 

Ifyou or your staff have questions concerning this letter, please call 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, 

~,,~ Toni Hardesty 


Director 


TH/ph 

c: Martin Bauer, DEQ 

Donna Deneen, 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 of Administrative 

Procedure Before the Board of Environmental 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 authorized by 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 or pheitman@deq.state.id.us. 

November 12, 2003, S a.m. to 12 noon 


Department ofEnvironmental QuaHty 


Conference Room D 


1410 N. BUton, Boise, Idaho 


DESCRIPTIVE SUMMARY: The U.S. Environmental Protection Agency has revised regulations in 40 CFR, Parts 

50 and 51, governing the New Source Review programs mandated by Title I ofthe Clean Air Act. The Department of 

Environmental Quality (DEQ) is initiating negotiated rulemaking to incorporate these changes into the Rules for the 

Control of Air Pollution in Idaho. Incorporation of the 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 of public health and the environment. 

The text of the rule will be developed by DEQ in conjunction with a negotiating committee made up of persons 

having an interest in the development of this rule. Both major and minor sources 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 the regulation ofair emissions from sources in Idaho may also wish to participate in this ruJemaking. 

GENERAL INFORMATION: For more information about DEQ'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 or pheitman@deq.state.id.us. 

Dated this 26th day of September, 2003. 

Paula 1. Gradwohl 

Environmental Quality Section 

Attorney General's Office 

141ON. Hilton 

Boise, Idaho 83706-1255 

(208)373-04 1 8IFax 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 RULE MAKING - 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. 


Department of EnvIronmental QuaHty Conference Center 


1410 N. HDton, Boise, Idaho. 


The hearing site(s) will be accessible to persons with disabilities. Requests for accommodation must be made no later 

than five (5) days prior to the hearing. 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 of the 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 of public health and the environment. This rule was adopted by the Board of Environmental 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 of public comments, DEQ intends to present the final proposal to the Board of Environmental 

Quality for adoption of a pending rule. The pending rule will become fmal upon the conclusion oftbe 2005 session of 

the Idaho Legislature if approved by the 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 of the 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 of Negotiated 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, or Pat Nair at (208) 373-0447 or pnair@deq.state.id.us. 

Anyone may submit written comments by mail, 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. 

Idaho Administrative Bnlletin Page 116 May 5, 2004 - Vol. 04-5 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58·0101-0304 


Rules for the Control ofAir Pollution 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 docket has been previously published as a Temporary Rule. 


The temporary effective date is Febru.ary 5, 2004. 


The original text of the Temporary Rule was published in the Idaho 


Administrative Bulletin, Volume 04-3, March 3, 2004, pages 20 through 41. 


THE FOLLOWING IS THE TEXT OF RULE DOCKET NO. 58-0101-0304 

006. GENERAL DEFINITIONS. 

Subsections 006.01 through 006.54 ha11e no changes 

- (5 } 94) 

(45(19) 

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Idaho Administrative Bulletin Page 117 May 5, 2004 - Vol. 04-5 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0304 ( - Rules for the Control ofAir Pollution In Idaho Proposed Ru/emaklng 

(-4 5 99) 

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s;rs. Member Of The Public. For purposes of Subsection 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 of any regulated air pollutant emitted by such stationary source or facility or 

which results in the emission of allY 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 of operation: (4-5-00) 

ft. An increase in the production rate if such increase does not exceed the operating design capacity of 

the affected stationary source, and if a more restrictive production rate 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 

-


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DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0304 


Rules lor the Control ofAir Pollution In Idaho Proposed Rulemaklng 


accoDlmodate such fuel or ra.w material and use ofsuch fuel or raw material is not specifically prohibited 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 air concentrations of air pollutants. (5-1-94) 

~. Multiple Chamber 1ncinerator. Any article, machine. equipment, contrivance, structure or part 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 of which is commenced after the 

original effective date of any applicable provision ofthis chapter; or (5-1-94) 

b. The restart of a nonoperating facility shall be considered a new stationary source or facility if: 

(5-1-94) 

i. The restart involves a modification to 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 

Department receives an application for a Permit to Construct in the area affected by the existing nOlloperating facility, 

the Department will. within five (5) working days of receipt of the application notify the nonoperating facility of 

receipt of the application for a Permit to Construct. Upon receipt 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 of the Department's notification of the application for a 

Permit to Construct, the nonoperating facility shall provide the Department with a schedule detailing the restart ofthe 

facility. The restart must begin within sixty (60) days ofthe date the Department receives the restart schedule._ 

(5-1-94) 

~ Nonattainment Area. Any area which is designated, pursuant to 42 U.S.C. Section 7407(d), as not 

meeting (or contributes to ambient air quality in a nearby area that docs not meet) the national primary or secondary 

ambient air quality standard for the pollutant. (5-1-94) 

6J.l. Noncondensibles. Gases and vapors from processes that are not condensed at standard temperature 

and pressure unless otherwise specified. (5-1-94) 

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

~l. Opacity. A state which renders material partially or wholly impervious to rays oflight and causes 

obstruction of an observer's view, 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 emitted directly into the ambient air without passing through 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 particulate matter emitted to thc ambient air a.<; measured by an 

applicable reference method, or any equivalent or alternative method in accordance with Section 157. (4-5-00) 

~. Permit to Construct. A permit issued by the Director pursuant to Sections 200 through 228. 

Idaho Administrative Bulletin Page 119 May 5, 2004 - Vol. 04~5 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0304 

(

1­ \ Rules for the Control ofAir Pollution 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 particulate matter in the ambient air with an aerodynamic diameter less than or equal to 

a nominal ten (l0) micrometers as measured by a reference method based on Appendix J of 40 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 or equal to a nominal ten (t0) micrometers emitted to the ambient air as measured by an applicable 

reference method, or an equivalent or alternative method 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 an air pollutant, provided the limitation or its effect on emissions 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 of operdtion and restrictions on the type or amount of material combusted, stored or processed. 

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 another job site. (5-1-94) 

7~. PPM (parts per million). Parts ofa gaseous contaminant per million parts of gas by volume. 

(5-1-94) 

7~. Pres£ribed Fire Management Burning. The controlled application of fire to wildland fuels in 

either their natural or modified state under such conditions of weather, 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 of heat and rate of spread 

required to accomplish planned objectives, including: (5-1-94) 

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

b. The control ofpests, insects, or diseases; (5-1-94) 

Co The promotion of range forage improvements; (5-1-94) 

d. The perpetuation of natural ecosystems; (5-1-94) 

e. The disposal of woody debris resulting from a logging operation, the clearing of rights of way, 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 management purposes. (5-1-94) 

78ft.. Primary Ambient Air Quality Standard. That ambient air quality which, allowing an adequate 

margin of safety, is requisite to protect the public health. (5-1-94) 

71J1.. Process Or Process Equipment. Any equipment, device or contrivance for changing any materials 

whatever or for storage or handling of any 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 of all materials introduced into any source operation which may 

Idaho Administrative BuJletin Page 120 May 5, 2004 - Vol. 04-5 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58·0101-0304 

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cause any emissions of particulate matter. Process weight includes solid fuels charged, but does not include liquid and 

gaseous fuels charged or combustion air. Water which occurs naturally in the fced material shall be considered part 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 of continuous operation or for a typical portion thereof. divided by the number of hours of such period or 

portion thereof; (4-5-00) 

b. For cyclical or batch source operations, the total process weight for a period that covers a complete 

cycle of operation or an integral number of cycles, divided by the hours of actual process operation during such a 

period. Where the nature of any process or operation or the design of any equipment is such as to permit more than 

one (l) interpretation of this 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 of any SIP trading 

programs requirement(s) or emission nmit(s). (4-5-00) 

Radionudide. A type of atom which spontaneously undergoes radioactive decay. (5-1-94) 

Regulated Air PoDutant. The following air pollutants: (4-5-00) 

a. Nitrogen oxides or any volatile organic compounds. (4-5-00) 

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

c. Any pollutant that 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 or established 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 pursuant to 42 U.S,C. Section 7412(e); and (4-5-00) 

ii. Any air pollutant for which the requirement., of 42 U.S.c. Section 7412(g)(2) have been met, but 


only with re!.-pcct to the individual source subject to 42 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 for purposes of Sections 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, or vice-president of the 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 if the representative is responsible for the overall 


.­

Idaho Administrative Bulletin Page 121 May 5, 2004 - Vol. 04-5 
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( - Rules for the Control ofAir Pollution in Idaho Proposed Ru/emllklng 

opet'dtion ofone (1) or more 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 of authority to such representative is approved in advance by the Department. 

(5-1-94) 

b. For a partnership or sole proprietorship: a general partner or the proprietor, 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 of a Fedeml agency includes 

the chiefexecutive officer having responsibility for the overdl1 operations ofa principal geographic unit ofthe agency 

(e.g., a Regional Administrator ofEPA). . (4-5-00) 

d. For Phase II sources: 

i. The designated representative in so far as actions, standards, requirements, or prohibitions under 42 

U.S.C. Sections 7651 through 76510 or the regulations promulgated thereunder are concerned; and (5-1-94) 

ii. The designated representative for any other purposes under 40 CFR Part 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 or prOJX-'Ity which may cause excess 

emissions. (4-5-00) 

81:6. Salvage Operation. Any source consisting of any business, trade or industry engaged in whole or 

in part in salvaging orreclaiming any product or material, such as, but not limited to, reprocessing ofused motor oils, ( 	 metals, chemicals, shipping containers, or drums, and specifically including automobilc graveyards and jUl1kyards. 

(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 of air 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 and rate: 	 (5-1-94) 

i. Carbon monoxide, one hundred (100) tons per year; 	 (5-1-94) 

ii. Nitrogell oxides, forty (40) tons per year; 	 (5-1-94) 

iii. Sulfur dioxide, forty (40) tons per year; 	 (5-1-94) 

iv. Particulate matter, twenty-five (25) tons per year; 	 (5-1-94) 

\. Idaho Administrative Bulletin Page 122 	 May 5, 2004 - Vol. 04-5 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0304 


Rules for the Control ofAir Pollution In Idaho Proposed Ru/emaklng -. 


v. Ozone, forty (40) tons per year ofvolatiJe organic compounds as a measure of ozone; (5-1-94) 

vi. Lead, six-tenths (0.6) of a ton per year; 	 (5-1-94) 

vii. Asbestos, seven-thousandths (0.007) ofa ton per year; 	 (5-1-94) 

viii. Beryllium, four ten-thousandths (0.0004) of a ton per year; 	 (5-1-94) 

ix. Mercury, one-tenth (0.1) ofa ton per year; 	 (5-1-94) 

x. Vinyl chloride, one (1) ton per year; 	 (5-1-94) 

xi. Fluorides. three (3) tons per ye'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 per year; 	 (5-] -94) 

xv. Reduced sulfur compounds (including H2S), ten (10) tons per year; 	 (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 per year; (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) tons per year; 	 (5-1-94) 

xx.. Municipal solid waste landfill emissions (measured as nonmethane organic compounds), fifty (50) 

tons per year; (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 of the public to receive an annual effective dose equivalent of at least one 

tenth (0.1) mrem per year, iftotal facility-wide emissions contribute an effective dose equivalent ofless than three (3) 

mrem per year; or any radionuclide 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. In reference to a net emissions increase or the potential of a source or facility 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 per cubic meter, twenty-four (24) hour average, or more. (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 cubic meter, annual average; 	 (5-1-94) 

Idaho Administrative Bulletin Page 123 	 May 5, 2004 - Vol. 04-5 
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Rules for the Control ofAir Pollution In Idaho Proposed Rulemaklng 


ii. Five (5) micrograms per cubic meter, twenty-four (24) hour average; (5-1-94) 

iii. Twenty-five (25) micrograms per cubic meter, three (3) hour average; (5-1-94) 

b. Nitrogen dioxide. one 0.0) microgram per cubic 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) milligrams per cubic 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.. Small Fire. 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, but not exclusively, of carbon and other combustible material. (5-1-94) 

~. Smoke Management Plan. A document issued by the Director to implement Sections 606 through 

616, Categories of AUowable 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 of the air pollutants from the process materials or in the conversion of the 

process materials into air pollutants, 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, or duct 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 of twenty degrees Celsius (20q sixty-eight degrees Fahrenheit (68F) and a gas pressure of 

seven hundred sixty (760) millimeters ofmercury (14.7 pounds per 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. Any building, structure, emissions unit, or installation which emits or may emit 

any air pollutant. (4-5-00) 

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

-
 Idaho Administrative Bulletin Page 124 May 5, 2004 - Vol. 04-5 
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Rules for the Control ofAir Pollution 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. Section 7412(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 or vegetation and listed in Section 585 or 586. (5-1-94) 

11);1',5.. Toxic Air Pollutant Carcinogenic Increments. Those ambient air quality increments based on the 

probability of developing excess cancers over a seventy (70) year lifetime exposure to one (1) microgram per cubic 

meter (1 ug/m3) of a given carcinogen and expressed in terms of a screening emission level or an acceptable ambient 

concentration for a carcinogenic toxic air pollutant. 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 of a screening emission level or an 

acceptable ambient concentration for a non-carcinogenic toxic air pollutant. 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 of a lack of adequate data, is unable to be classified 

pursuant to 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 of any equipment or emissions 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 of wood 

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 air pollution episodes. (5-1-94) 

Idaho Adminbtrative Bulletin Page 125 May 5, 2004 - Vol. 04-5 -

DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58·0101·0304 


Rules for the Control ofAir Pollution In Idaho Proposed Rulemaklng 


(BREAK IN CONTINUITY OF SECTIONS) 

200. PROCEDURES AND REQUIREMENTS FOR PERMITS 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 in 40 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 of July 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. ~ 

(BREAK IN 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 by the Department. The application shaH be certified by the responsible official in accordance with 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 of the new or modified 

stationary source or facility, the application for a permit to construct shall include all ofthe information required by 

one or more ofthe following provisions: (5~1·94) 

a. For any new or modified stationary source or w facility: (5-1 94) 

i. Site information, plans, descriptions, specifications, and drawings showing the design of the 

stationary source, facility, or modification, the nature and amount of emissions (including secondary emissions), and 

the manner in which it will be operated and controlled. (5-1-94) 

ii. A schedule for construction of the stationary source, facility, or modification. (5-1-94) 

b. For any new major facility or major modification in a nonattainment area which would be major for 

the nonattailltnent regulated air pollutant(s): (4-5-00) 

i. A description ofthe system of continuous 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 of the 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 infonnation necessary 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 compliance with such. (5-1-94) 

iv. An analysis of alternative sites, sizes, production processes, and environmental control techniques 

which demonstrates that the benefits ofthe proposcd major facility or major modification significantly outweigh the 

environmental and social costs imposed as a result of its location, con!.1ruction, or modification. (5-1-94) 

v. An analysis of the 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 of visibility 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 Docket No. 58-0101·0304 

Rules for the Control ofAir Pollution 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 of continuous 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 of the effect on air quality by the new major facility or major modification, including 

meteorological and topographical data necessary to estimate such effects. (5-1-94) 

1Il. An analysis of the 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 or major modification. (5-1-94) 

iv. A description of the nature, extent, and air quality effects of any or all general commercial, 

residential, industrial, and other growth which has occurred since August 7, 1977, in the area the new major facility 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 major modification 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 or recreational value. (5-1-94) 

vi. An analysis of the impairment to visibility of any 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 of the 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 net emissions increase. (4-5-00) 

VUI. Ambient analyses as specified in Subsections 202.01c.vii., 202.0I c.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, or the regulated air pollutant is not listed herein: carbon monoxide ­

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

(14) micrograms per cubic meter, annual average; PM-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 ofone hundred (loo) tons per year or more of volatile organic compounds, as a measure of ozone; lead ­

one-tenth (0.1) of a microgram per cubic meter, calendar quarterly average; mercury - twenty-five hundredths (0.25) 

of a 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) of a 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) of a microgram per cubic meter, one (1) hour average. (4-5-00) 

ix. For any regulated air pollutant which has an ambient air quality standard, the analysis shall include 

continuous air monitoring data, gathered over the year preceding the submittal of the application, unless the 

Department 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 air pollutant in any area that the emissions of that air pollutant would affel.,'t. (4-5-00) 

Idaho Administrative Bulletin Page 127 May 5, 2004 - Vol. 04-5 -
( "",- DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101·0304 

Rules for the Control ofAirPollution In Idaho Proposed Rulemaklng 

xi. Ifrequested by the Department, monitoring ofvisibility in any Class I area the proposed new major 

facility or major modification would affect. (5-1-94) 

xii. Operation ofmonitoring stations shall meet the requirements of Appendix B to 40 CFR Part 58 or 

such other requirements as extensive as those set forth in Appendix B as may be approved by the Department. 

(5-1-94) 

02. Estimates Of Ambient Concentrations. All estimates ofambient concentrations shall be based on 

the applicable air quality models, data bases, and other requirements specified in 40 CFR 51, Appendix W (G uideJine 

on Air Quality Models). (4-5.00) 

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

the model may be modified or another model substituted, subject to written approval ofthe Administrator ofthc U.s. 

Environmental Protection Agency and public comment pursuant to Subsection 209.01.c.; provided that modifications 

and substitutions ofmodels used for toxic air poHutants will be reviewed by the Department. (4-5.00) 

b. Methods like those outlined in the U.S. Environmental Protectioll Agency's "Interim Procedures for 

Evaluating Air Quality Models (Revised)" (September 1984) should be used to determine the comparability of air 

quality models. (5-1-94) 

OJ. Additional Information. Any additional information, plans. specifications, evidence or documents 

that the Department may require to make the determinations required under Sections 200 through 225 shall be 

fttmished upon request. (5-1-94) 

,­ (BREAK IN CONTINUITY OF SECTIONS) 


204. PERMIT REQUIREMENTS FOR NEW MAJOR FACILITIES OR MAJOR 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 HtlBBCTJ9N s..'~). 

The pvvwhi6n SfJeeific{fily f'ejeg<eltej,,~ the j6:.".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 the fol 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 contains processinK requirements for nonattainment NSR pcnnitting actions. The intent of Section 204 is 

to incoxporate the federal nonattainment NSR rule reguirements. ~ 

!U... Incorporated Federal Program Reguirements. ReQuirements contained in the followine 

subparts of40 CFR 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 of4Q CPR 52,21. revised as ofJuJy 1.2003. and syp,p1ementedby 67 fed. ReU. 80.186 (December 31. 2002) 

and 68 fed. Reg. 63.021 (November 7. 2003) (to be codified at 40 CFR 52.21), are hereby incorporated 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 Docket No. 58-0101-0304 

Rules for the Control ofAirPollution 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 52.21 Caa) Actual PAls 


J!1.. Additional Requirements. The applicant must demonstrate to the satisfaction of the Department 

the foUowinll: L-1 

1Jl.1l. LAER. Except as otherwise provided ip Section 204. ~he new major facility or major modification 

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 air pollutant; and (4-5-00) 

-hY. A major modification would meet the lowest achievable emission rate at cach new or modified 

emissions unit which haS a net emissions increase ofthe nonattainment regulated air pollutant. (4-5-00) 

~.b.. Required offsets. Allowable cmis!tions from the new major facility or major modification 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 ofoperating permits. The new major facility or major modification may not commence operation, and an 

operating permit for the new major facility or major modification 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 of any federal Class I atC'd, Class I area designated by 

the Department, or integral vista of a mandatory federal Class I area, by the new major facility or major modification 

is consistent with making reasonable progress toward remedying existing and preventing 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 the p@te"fial t8 emit AV8 Jrt.·fffif'e(/flfly (250) fflfU pe." ,'ea.,; el' merce, f!,£any regwlatetl 

air"peiffl&:mt tIP'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 of a 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 Section 204 by the Department. 

~ 

!tL. Nonmajor ReqUirements, If the proposed action meets the requirements of an exemption or 

exclusion under the provisions of40 CFR 51.165 or 40 CFR 52.21 inCOrPorated in Section 204. the nonmajor facility 

or stationary source pt.TDlitting reQuirements ofSections 200 through 228 !!lW1y. including the exemptions in Sections 

220 throuw 223. L-1 

Idaho Administrative Bulletin Page 129 May 5, 2004 - Vol. 04-5 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0304 


Rules for the Control ofAir Pollution in Idaho Proposed Rulemaklng 


/J& lHjiIfitiBIt 9/ IflthJ,..tt';ItJltlHdlltJPhlttNI ,fi, l:'tIll_."_(6J".•CZal' lhe p"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 of 40 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 (November 7. 2003) 

(to be codified at 40 CFR 52.21), are hereby incorporated by reference. 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.·..•••...·.........•..•...·:·m...........:
 ,....... ~ .::' ....':"," ",/., ": ......,,. :::.:::":::::',:: .. ..... . ...... :::::: :., .............' ,.. :.: ...... ::: :::::.::.:......:::: ..... ,,', ..
. 

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~.' 1til 

• 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 (fir pe#1416ff'jel' wMeit a HelV ",ajt;l'fooility WfJftlti have 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:.Mt nCl emi:i.,ifJ,t9 ilfoFetlse. (f 5 ()R) 

IJr The aJ!/'HI'tth.te ,,,,,issie,, i'lfef'ettSe.'.I~m Me "OW mttje,.faetli", 8,. ffltlj81' IffOtlijte.wlifJ", in c81rjUltefi8'1f 

Idaho Administrative Blllletin Page 130 May 5, 2004 - Vol. 04-5 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101·0304 


Rules for the Control ofAir Pollution 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'MHS flw", 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~ of arty jeJtN'a1 Clsti.9 .' ai"etl 6>' GIlA'" I (I>'¥!tI; 

tit'.Vfgtte.leti By Ihe f)eps.wI",elfl, anti fflfy 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',he pr8jeel, (5 1 91) 

~z. lnH6WlliH £'6fff1'61 18elfH.ItJgy. /ff'8tlNefJietJ by {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 em 52.21, 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 52.2 Hb)(l7). 

the definition of federally 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" BACT by 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 #ee foeility 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:. The jH'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 leWJi ttfeMl'..'81 

01' 16 p;'(Jteet the ptlbiie 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!ttl J'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"S jt¥J1ff Ihe thite ~f withst"iHt'tl,' I:B meef Ehl' r'ef/wire",eltl/8,. #ee 

Idaho Administrative Bulletin Page 131 May 5, 2004 - Vol. 04-5 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58·0101-0304 


Rules for the Control ofAir Pollution in Idaho Proposed Rulemaklng 


tlpplieefitJn e{BACT tfttc8t1g/t life Nat! oftl eemtntIJva#ed 6;'I.ytem "/e6Iftl'6J. In 40 CFR 52.2Hb)(43). permit program 

iJIlproyed by the Administrator. Administrator means the EPA Administrator. ~ 

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

Administrator. Administrator means the 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, 

Administrator meanS 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 of40 CFR 52,21 incorporated in Section 205, tbc nonmDJor facility or 

stationao' source Permittini requirements of Sections 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 ".,t fie:wtr"{detlfaeililie.9 

and whieh e6 ItBI ert,;1 9,. ,'.eve lite f16ferttittll8 emil "1'6 ItttltNtwJjifly (259) (o(J."I3l'el' YE!a.-; 8" 1r18f'tl.• elan.)' .vetrNla'lefl 

ai,. P811t11a", af'6 e:H:lflpt:/l'6m e6lftplyiff'g willt the e8.,.eiti(;NI Q/SNbaeeH8"s :lOS. 9-1.a., 295.91.h.ii.•,anN 295.iN.e.• jel' 

ehltthtiltg a fJl:Yffltil ffl e8'f.9~et. (4 5 (0) 

IIr Tcrttp8t'tJ'Y emi.Y.9;81t;" (8lte (l) yea,. (;,. /eSB ift iht'tJfitffl emlesB 8'he,.,~'iBe trptJffl'lee by the 

DqHff'tmeltt1fi'em til "e'''' mttj8"J.f.aeility 8#' lflttj8f' m8eijiea#fHt Httilt wtJl:tld IIf.11 imptfet a G!cttJs l BIV!fl B" till"efJ wht!:l'€ e" 

6fJfJliettble j'J'J"tJ't'elfH8" 8".( .fJitr"~nt tietffl6t'tJ1ftJ'ff (FGD) illey'elflellt is Iewn'1t ItJ he 'piela-ted ffl'e e.¥empt jfflm 

e8lfrpl:yiJftr wicHt 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 FOR PERMITS 10 CONSTRUCT, 

( 	 The owner or operator ofany proposed new or modified 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 emission reduction credits, Section 460, and demonstrate, through appropriate dispersion modeling. that the offset 

will reduce ambient concentrations sufficiently to meet the requirements at all modeled receptors which could not 

otherwise have met the requirements. ~ 

(BREAK IN CONTINUITY OF SECTIONS) 

209. PROCEDURE FOR ISSUING PERMITS. 

O}. General Procedures. General procedures for permits to construct. 

a. Within thirty (30) days after receipt of the application for a permit to construct, the Department 

shall determine whether the application is complete or whether more information must be submitted and shall notifY 

the applicant of its finding.o; in writing. (5-1-94) 

b. 	 Within sixty (60) days after the application is determined to bc complete the Department shall: 

(5-1-94) 

i. Upon written request ofthe applicant, provide a draft permit for applicant review. Agency action on 

the permit under this Section lDay be delayed if deemed necessary to respond to applicant comments. (4-5-00) 

Ii. Notify the applicant in writing ofthe approval, conditional approval, or denial of the 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 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101·0304 


Rules for the Control ofAir Pollution In Idaho Proposed Ru/emaklng 


reasons for any denial; or (5-1-94) 

iii. Issue a proposed approval, proposed conditional approval, or proposed 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 or modification 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 of the infonnation, shall be made available to the public in at least one (1) location in the 

region in which the stationary source or facility is to be located. . (5-1-94) 

ii. The availability of such materials shall be made known by notice published in a new!.'Paper of 

general circulation in the county(ies) ill which the stationary source or facility 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 of comments 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 of the 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 of each permit will be sent to the U.S. Environmental Protection Agency. (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 of increment 


consumption that is expected from the new major facility or major modification; and (5-1-94) 


ii. The public notice issued pursuant to Subsection 209.01.c.ii. shall indicate the opportunity for a 


public hearing for interested persons to appear and submit written or oral comments on the air quality effects of the 


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 or within fourteen (14) days prior to 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 of a mandatory federal Class I area. (5-1-94) 


Idaho Administrative Bulletin Page 133 May 5, 2004 - Vol. 04-5 -

DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0304 


Rules for the Control ofAir Pollution 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 of receipt of a complete 

application and at least sixty (60) days prior to any public hearing on the application; (5-1-94) 

111. Notice of every action related to the consideration of the 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 or within fourteen (14) days prior to the end ofthe comment period. whichever is later. 

(3-23-98) 

v. The notice of public hearing. if required, 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 impact upon the air quality related values (including visibility) ofany federal 

mandatory Class I area, the Director may deny the application notwithstanding the fact that the concentrations of 

regulated air pollutants would not exceed the maximum allowable increases for a Class r area. (4-5-00) 

03. EstabHshing A Good Engineering Stack. Height. The Department will notifY the public of the 

availability ofany fluid model or field study used to establish a good engineering practice stack height and provide an 

opportunity for a public hearing before issuing a permit or setting an emission standard based thereon. (5-1-94) 

04. Revisions Of Permits To Construct. The Director may approve a revision of any permit to 

construct provided the stationary source or facility continues to meet all applicable requirements of Sections 200 

through 228. Revised permits will be issued pursuant to procedures for issuing permits (Section 209), except that the 

requirements of Subsections 209.0 i.e., 209.02.a.• and 209.02.b., shall only apply if the 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 

which case: (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 or operator may construct the source after permit 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 of the existing Tier 1operating permit and complies with Subsection 380.02. 

(4-5-00) 

iv. Unless a different time is prescribed by these rules, the applicable requirements contained in a 

permit to construct 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. 04-5 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0304 

Rules for the Control ofAir Pollution In Idaho Proposed Rulemaklng - revision before commencing operation. Tier 1 sources required to meet the requirements under Section 112(g) of the 

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) of Title 1 of the 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 with timelilles: Section 361 and Subsections 367.02 through 367.05. (3-19-99) 

vi. The tinal Tier I operating permit action shall incorporate the relevant terms and conditions from the 

permit to construct; or (4-5-00) 

b. Submit aU information required by Sections 200 through 219 for a pennit to construct and Sections 

300 through 386 for a Tier I operating permit, or Tier 1 operating pennit modification, in which case: (4-5-00) 

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

ii. The Departmellt shall prepare a proposed permit to construct or denial in accordance with Sections 

200 through 219 and a draft Tier I operating permit or Tier 1 operating permit modification in accordance with 

Sections 300 through 386 within sixty (60) days. (4-5-00) 

111. The Department shall provide for public comment and affected state review in accordance with 

Sections 209, 364 and 365 on the proposed permit to construct or denial and draft Tier 1 operating permit or Tier I 

operating permit modification. (4-5-00) 

iv. Except as otherwise provided by these rules, the Department shall prepare and issue to the owner or 

operator a tinal permit to construct or denial within fifteen (15) days of the close of the public comment period. The 

owner or operator may construct the source after permit to construct issuance or in accordance with Subsection 

213.02.c. (4-5-00)­

v. The final permit to construct will be sent to EPA, along with the proposed Tier I operating permit 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 after permit to construct issuance so long as it does 

not violate any terms or conditions of the existing Tier I operating permit 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 1 operating 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 the requirements of Sections 300 through 381 within sixty (60) days. (4-5-00) 

111. The Department shall provide for public comment and affected state review in accordance with 

Sections 209, 364, and 365 on the draft permit to construct 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 or denial 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 if the draft permit or denial is revised in response to public comment or 

affected state review, the Department must send the revised proposed pennit to construct or denial to EPA for review 

in accordance with Section 366. (4-5-00) 

Idaho Administrative Bulletin -
 Page 135 May 5, 2004 - Vol. 04-5 
( - DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0304 

\ Rules for the Control ofAir Pollution In Idaho Proposed Rulemaklng 

v. Except as otherwise provided 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 or in 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 of the request for an administrative 

amendment. (4¥5-00) 

(BREAK IN CONnNUITY OF SECTIONS) 

225. PERMIT 10 CONSTRUCT PROCESSING 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 ofregulated pollutant emissions as identified in the pennit to 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 record keeping 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 of one (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 of one 

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 

(BREAK IN 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. 04-5 
DEPARTMENT OF ENVIRONMENTAL QUALITY Dock.et No: 58-0101-0304 


Rules for the Control ofAir Pollution in Idaho Proposed Ru/emak.lng 


Sections 300 through 399 may apply to the Department for an operating permit to: (7-1-02) 

a. Authorize the use of altemative emission limits (bubbles) pursuant to Section 440; (5-1-94) 

b. Authorize the use of an emission offset pursuant to Sections 204~ or 206; ~ 

c. Authorize the use of a potential to emit limitation, an emission reduction or netting transaction to 

exempt a facility or modification 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 credit pursuant to Section 461; (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 

Tier II operating permit for any stationary source or facility whenever the Department determines that: (5-1-94) 

a. Emission rate reductions are necessary to attain or maintain any ambient air quality standard or 

applicable prevention ofsignificant deterioration (PSD) increment; or (4-5-00) 

b. Specific emission standards. or 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 Ii operdting permits to a facility which allow any specific stationary source or emissions unit within that .~ 

facility a future compliance date of up to three (3) years beyond the compliance date of any provision of these rules, 

provided the Director has reasonable cause to believe such a future compliance date is warranted. (4-5-00) 

Idaho Administrative Bulletin Page 137 May 5, 2004 - Vol. 04-5 -

.. ... .. ,. 


) 


) MBETIlfG SIGlf ..1N SHEET 

Meeting Title: New. Source Review RulelDaking Meeting 

Meeting Date: .'JJi..I4tWII04 .....__ 

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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 by Title I of the Clean Air Act. The 

Department of Environmental Quality (DEQ) 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 of Air Pollution in Idaho 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 negotiated with representatives of the 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 of the 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 their facilities. Further, these companies stated their 

appreciation in being included in the negotiated rulemaking process and encouraged approval 

of the 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 of Air 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 of Commerce 

and Industry 
R E C E i '. (;;; \I c. L' Legislative Services Office 	 p. 

MAR J8 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 

IDAP A 58.01.01 - Rules for the Control of Air Pollution in Idaho - The Department of Environmental Quality submits notice of proposed 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 Protection Agency revised federal regulations 


governing the 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 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." 


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 or more stringent than federal law or regulations. 


cc: Department ofEnvironmental Quality 

-_ ..__.. j 

Mike Nugent, Supervisor Jeff Youtz, 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 of Air Pollution 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 --1NUM"B'-E-~'- ') , EXHIBI H_...tI.e<:.::s-:<--­

KAG/ca 

Katha~~:Y6 

Mike Nugent, Supervisor Jeff Youtz, 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 

Paula J. Wilson 

Environmental Quality Section 

Attorney General's Office 

1410 N. Hilton 

Boise, ID 83706 

Re: 	 Notice ofRulemaking - Proposed Rule 


Docket No. 58-0101-0304 


- Dear Ms. Wilson: 

I am writing on behalf of the Amalgamated Sugar Company LLC (TASCO) which is an 

agricultural cooperative owning and operating four sugar beet 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 of all projects, including 

state-of-the-art pollution control equipment. 

As you know, TASCO has worked with the Idaho Department ofEnvironmental Quality 

(IDEQ) along with other industries 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 these NSRlPSD rules through a temporary rulemaking and is now 

promUlgating a final rule. TASCO appreciates the significant amount of effort and resources 

which IDEQ has made available to the process ofadopting the NSRlPSD reform rules into the i 

Idaho regulatory system.. 	 ~ii 

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 significantly reduce air emissions 

through energy conservation. 

The NSRJPSD reform now being adopted as a final rule by IDEQ 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. PSDINSR reform 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 benefit to TASCa. Under the old PSDINSR rules, the "actual to 

potential" calculation made even the smallest change in operations potentially subject to 

PSDINSR review. Even changes, which reduced their pollution, could be held up by lengthy. 

reviews that delayed benefits to the environment and imposed unnecessary costs. By using 

"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 quality impacts 

and resulted in unnecessary permitting requirements. Two improvements ofthe NSR revisions 

are: 

• 	 Baseline emissions will be calculated using a longer historical time period, which 

is more realistic and representative. 

• 	 Future emissions will be calculated based on projected actual emissions, rather 

than potential to emit, which again is more realistic and representative. 

This regulatory change is good for the environment and Idaho's beet farmers. 

Another reform 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 

permitting while ensuring that facility emissions will not increase. The Pi\L concept 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, TASCa believes that Clean Unit and Pollution Control Projects (PCPs) 

reforms will allow the installation of pollution 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 or minor 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 air quality rules. 
T ASCO supports the promulgation ofthe final NSRJPSD rules and appreciates the 

sincere time and effort committed by IDEQ to this rulemaking process. 

cc: Martin Bauer, IDEQ 

-

-
--

( -	 P4 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 .. 8 2004 

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: 

I am 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 by the United States Environmental Protection Agency {"EPA"}. The proposed revisions were 

adopted by the 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 community with its 

interpretations of the regulations. Unfortunately, such guidance is not itself always clear and the guidance 

occasionally is inconsistent and can change over time. 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 a new large facility is constructed or when 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 '1often 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 of the 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 

ability to respond to market demands and to plan for future investments in pollution control and prevention 

technologies. Following an extensive rulemaking process lasting nearly ten years, EPA promulgated NSR 

reform regulations on December 31, 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 opportunity to 

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 flexibility for pollution control projects. As a result, 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 quality of the state of 

Idaho is protected. 

On behalf of P4 and Monsanto, I would strongly encourage the Board of Environmental Ouality to 

adopt the proposed rule. Thank you for your consideration of these comments. 

VerytrUIYYO~ 

~:

N~~ E. Pallante 

Plant Manager 

cc: Martin Bauer, IDEO 
S1ate ofIdaho 

i .­ Department of Environmental Quali1;y 

IN RE.: Rules fOr the control of ) 5S0101..Q304 

AIr PoI1u6on In Idaho ) 

) 

BEFORE 


LARRY F. WEEKS 


Hecuing Officer 

June 8. 2004 · 5: t5 p.m. 

Department of Environmental Quali1y 

t410 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.IaL V\ Fax 208 345 3713 

CSR No. f 688 Toll free 800 424 2354 

Web www.etucker.net 

E-mail infQ@etucker.net 

COpy 
EXHIBITS 


HEARING EXHIBIT NUMBER Page 

A lAO Testimony 

SuI:xnittEclI::!/ DIck Rush. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6 

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

f 

! -


-


-

Control of Air Pollution 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'm Larry Weeks, the hearing officer appointed to 

6 conduct this proceeding. It is 5:15 p.m. on the 

7 8th day of June 2004. 

8 This is the time and place set to 

9 receive oral comments on the Proposed Rules for the 

10 Control of Air Pollution in Idaho, Docket Number 

n 58-0101-0304. Written comments will also be 

12 accepted at this hearing. 

13 Notice of this hearing appeared in the 

14 Idaho Administrative Bulletin, as required by Idaho 

15 Code Section 67-5221 on May 5, 2004. This 

16 publication was timely made, and all necessary 

17 notice requirements have been met. 

. 18 All those interested persons attending 

19 this proceeding are asked to sign the roster, 

20 indicating a desire, if any, to make an oral 

21 presentation. After a brief statement made by DEQ 

22 summarizing the proposed rule docket, each person 

23 will be given an opportunity to comment on 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. At this time, DEQ Mr. Pat Nair, will 

4 make its statement on the proposed rule, and then I 

5 will call upon persons who indicated on the roster 

6 that they would like to comment. Pat? 

7 MR. NAIR: Thank you. 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 outline the proposed rule. 

13 The U.S. EnvironmentatProtection Agency 

14 has revised regulations in 40 CPR Part 52 goveming 

15 the New Source Review programs mandated by Title I 

16 of the Clean Air Act. DEQ has initiated this 

17 rulemaking to incorporate these changes into the 

18 Rules for the Control of Air Pollution in Idaho. 

19 Incorporation of the revisions to 40 CFR 

20 Part 52 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 public health and the environment. This rule was 

Page 3 

1 adopted by the Board of Environmental Quality as a 

2 temporary rule in February 2004 and is currently 

3 effective. 

4 DEQ will consider all comments received 

5 by June 9th, 2004, before submitting a final 

6 proposal package to the Board of Environmental 

7 Quality. This package will include the hearing 

8 transcript, all written public comments received 

9 during the comment period, DEQ's response to 

10 comments,. and the final proposed rule. 

11 DEQ intends to present the final 

12 proposal to the Board of Environmental Quality in 

13 October 2004 with a recommendation that the board 

14 adopt the proposal as a pending rule. If the board 

15 adopts the proposal as recommended by DEQ the 

16 temporary rule will remain in effect, and the. 

17 pending rule will become final immediately upon 

18 conclusion of the 2005 legislative session, if 

19 approved by the legislature. 

20 HEARING OFFICER: Thank you, 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 of natural 

24 resources for the Idaho Association of Commerce and 

25 Industry. Our association is a broad-based 

Page 4 

1 business organization whose membership includes 

2 companies and other business associations of all 

3 sizes and types located throughout Idaho. Many of 

4 our members are regulated by the rules to control 

5 air pollution in Idaho. I'm here to testify in 

6 support of the rules expressed in Docket Number 

7 58-0101-0304. Thank you for the opportunity to 

8 present our views. 

9 We agree with the Idaho Administrative 

10 Bulletin's descriptive summary of the rules being 

11 considered today. Incorporating into state rules 

12 the revised New Source Review regulations mandated 

13 by the U.S. Environmental Protection Agency is a 

14 positive move to ensure protection of public health 

15 and the environment. 

16 We also agree that the new rules change 

17 the New Source Review applicability requirements 

18 for modifications to allow sources of air emissions 

19 greater regulatory certainty, flexibility, and 

20 permit streamlining. 

21 We also agree with the department that 

22 the rule does not regulate an activity not 

23 regulated by the federal govemment, nor is it 

24 broader in scope or more stringent than federal law 

25 or regulations. 

1 (Pages 1 to 4) 
Control of Air Pollution in Idaho 6/8/2004 

PageS 

1 Our association and many of our members 

2 participated in the negotiated rulemaking process 

3 that led to the adoption of the temporary rules by 

4 the Idaho Board of Environmental Quality. We 

5 supported adoption of the temporary rules, and we 

6 support the final proposal for adoption of a 

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 the resulting rules are beneficial to 

13 the state of Idaho. Further, they meet the federal 

14 requirements of incorporating new federal 

15 regulations in the state air rules. 

16 Thank you again for the opportunity to 

17 appear before you today. 

18 HEARING OFFICER: Thank you, Mr. Rush. Do 

19 you have written comments to submit? 

20 MR. RUSH: I do. I just have written 

21 comments of exactly 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 will be submitted as part of the 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 off the record until 5:45 to see if anyone else 

5 appears. Thank you. 

6 (Recess.) 

7 HEARING OFFICER: We'll be back on the 

8 record. Let the record show that no other members 

9 of the public have appeared since we went into 

10 recess. It is now 5:45 p.m. on June 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 

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1 

________REPORTER'S CERTIFICATE 


I, Laura L. Whiting Court Reporter, a Notary Public, do 

hereby certify: 

That I am the reporter who took the proceedings had in the 

above-entitled action in machine shorthand and thereafter the same was 

reduced into typewriting under my direct supervision; and 

That the foregoing reporter's transcript contains a full, true, 

and accurate record of the proceedings had in the above and foregoing 

cause, which was heard at Boise, Idaho. 

I further certify that I have no interest in the event of the 

action. 

IN WITNESS WHEREOF, I have hereunto set my hand this 

29th of March, 2004. 

(:;­

CSRNo.688 

.'''~ 
~~ 

Idaho Association of 


Commerce &Industry 
 - The Voice ofBusiness in Idaho@ ; 

TESTIMONY 

Public Hearing 


June 8,2004 


Docket No. 58-0101-0304 


Rules for the Control ofAir Pollution 


Idaho Department ofEnvironmental Quality (IDEQ) 


By Dick Rush 


Vice President for Natural Resources 


Idaho Association ofCommerce and Industry 


Honorable Hearing Officer: 

My name is Dick Rush, and I am Vice President ofNatural Resources for the Idaho 

Association ofCommerce and Industry. Our association is a broad based business 

organization whose membership includes companies and business associations of all 

sizes and types located throughout Idaho. Many ofour members are regulated by the 

rules to control air pollution in Idaho. - I am here to testify in support ofthe rules expressed in Docket No. 58-0101-0304. 

Thank you for the opportunity to present our views. 

We agree with the Idaho Department ofAdministration's descriptive summary ofthe 

rules being considered today. Incorporating into state rules the revised New Source 

Review Regulations mandated by the U.S. Environmental Protection Agency is a positive 

move to ensure protection ofpublic health and the environment. 

We also agree that the new rules change the New Source Review applicability 

requirements for modifications to allow sources of air emissions greater regulatory 

certainty, flexibility and permit streamlining. 

We also agree with the Department that the 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. 

Our association and many ofour members participated in the negotiated rulemaking 

process that led to the adoption oftemporary rules by the Idaho Board ofEnvironmental 

Quality. 

EXHIBIT 

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

.................-1 

We supported adoption ofthe temporary rules, and we support the final proposal for 

adoption of a pending rule. 

IACI appreciates IDEQ's efficient and fair negotiated rulemaking process. All parties 

had an opportunity to give meaningful input, and we believe that the resulting rules are 

beneficial to the state ofldaho. Further, they meet the federal requirement of 

incorporating new federal regulations in the state air rules. 

Thank you again for the opportunity to appear before you today. 

State of Idaho 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

Board of Environmental 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 of Air Pollution in Idaho a re hereby adopted. as 

pending/amended temporary rules, as presented in the attached Final Proposal. 

I""'-U)-o+ 

Date (jh"R JL:R~~ MacMll:Chaln 

STATE OF IDAHO ) 

) ss. 

County of Ada ) 

On this~fOctober, 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 -- ~(g round infl -­

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 of emissions of one 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), Administrator for BACT. LAER and RAeT clearinghouse, Administrator 

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

2. e 

1018104 

I 
,-

~ STATE 

ENVIRONMENTAL 

DEPARTMENT 

OF IDAHO 

OF 

QUALITY 

MEMORANDUM

1410 North Hilton· BoIse,ldaho 83706-1255 • (208) 373~502 Dirk Kemplhome, Governor 

C. Stephen Allred, Director 

January 21,2004 

To: 	 Board ofEnvironmental Quality 

From: 	 Martin 

Administra~r, BauAA t..ixld~ty ~ Division 


Re: 	 Docket No. 58-0101-0304, New Source Review Revisions 

This is written to provide background information to the proposed rule found in Docket No. 58-0101-0304. 

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

revisions to the Prevention of Significant Deterioration (part C of the Clean Air Act) and the New Source 

Review (part D of the Clean Air Act) pennit programs. The rule revisions changed how to 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 equipment replacement exemption under the Part C and Part D 

programs. Several additional revisions to these rule packages were finalized on Novernber 7,2003. 

Interested parties requested that the Department of Environmental Quality (DEQ) incorporate these rule 

revisions into The Rules for the Control ofAir Pollution jn Idaho Rules as quickly as possible. DEQ agreed 

to commence a negotiated rulenuiking, and held three negotiated rulemaking meetings on November 12,2003, 

December 11, 2003 and January 15,2004. The result ofthese meetings is the negotiated rule before you today. 

The rule was developed by comparing the federal regulations in 40 Code ofFederal Regulations Part 51 and 

Part 52 (which include EPA's new changes) to the existing state rules. Where the state rules do not match the 

federal regulations, the negotiated rule group recommends incorporating by reference the federal regulations 

into the state rules. 

This rule is no more or less stringent than EPA's regulations. Although some clean up ofthe existing rule is 

still required, the rule before you today provides a quick solution to implementing EPA's changes into the state 

rules. Because the equipment replacement rule revision is CUITently stayed; that rule is not incorporated in this 

docket Additional negotiated rulemaking is continuing to clean up existing areas ofthe state rules, and we will 

be looking into all the permitting rules for additional clarifications, efficiencies, and modernization to make . 

the air pennitting rules easier to understand and comply with. 

Ifyou have any questions regarding the proposed rule, please contact me at 373-0552 or Pat Nair, Stationary 

Source Program Manager, at 373-0447. 

MB:pah 
Proposed Motions for the October 2004 


Meeting of the 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. 

-

I~ 

~ 

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 

Director Approval 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 of Temporary Rule 

Legal Review of PendinglTemporary Rule Docket 

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

Board Adoption of PendinglTemporary Rule 

-

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 of Air 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 it was Initially Proposed: 

locations and Dates: Boise, JuneS, 2004 

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 of Air 

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, 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 a temporary 

rule in February 2004 and is currently effective. 

All public comments received are in support of the 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 

of the First Regular Session of the Fifty-eight Idaho legislature. After adoption of the 

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 to the 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 or welfare 

[ ] 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 ) J 
) 

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

1 r, 

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 major facilities 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 of the 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

, L 
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 

( ­

-

-- 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 - 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 of the 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 a temporary 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 of Air 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 -
205. PERMIT REQUIREMENTS FOR NEW MAJOR FACILITIES OR MAJOR MODIFICATIONS IN 

( ·­ ATTAINMENT OR UNCLASSIFIABLE 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 CFR 52.21 means the Department except for the following: (2-5-04)T 

(Break in Continuity of Subsections) 

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 of Sections) 

225. PERMIT TO CONSTRUCT PROCESSING FEE. 

A permit to construct processing fee, calculated by the Department pursuant to the categories provided in the 

following table, shall be paid to the Department by the person receiving the permit. The applicable processing fee 

category shall be determined by adding together the amount of increases ofregulated pollutant emissions and 

subtracting any decreases ofregulated pollutant emissions as identified in the permit to construct. The fee 

calc u I' ation shall notmcu . 1 d e fu ~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 record keeping 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 of emissions of less than one (1 

ton per year 

$1,000 

New source or modification to existing source with increase of emissions of one (1) to less $2,500 

than ten (10) tons per year 

New source or modification to existing source with increase of emissions of ten (10) to less ~5,OOO 

than one hundred (100) tons per year 

Nonmajor new source or modification to existing source with increase of emissions of one $7,500 

hundred (100) tons per year or more 

New major facility 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;.1 
Dan 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 of Administration 


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 my friends here 

at DEQ. 

IDAPA 58.01.01 

204. Permit Requirements For New Major Facilities Or Major Modifications In Nonattainment Areas. 

New major facilities or major modifications proposed for location in a nonattainment area and which would be major 

for the nonattainment regulated air pollutant 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 non attainment 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 of 40 CFR 51.165 are incorporated by reference into these rules at Section 107. Requirements contained in 

the following subparts of 40 CFR 52.21, are incorporated by reference at Section 107 of these rules. These CFR 

sections have been codified in the electronic CFR which is available at www.gpoaccess.gov/ecfr 

··40CFRReferenC4' iI40CFRRe.....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 ~ ~+ 

USEP A, Region 10 

Mail Code RA-140 

1200 Sixth Avenue 

f\l.... "JI t~ f FlJ,~,",~ t. 01 Itt{ k:>--. f.:> 

1:' ,)"".? A 5f. 0" 0 L1c.1 

Seattle, W A 98101 

RE: 	 Certification of SIP 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 IIO(a)(l) and (2) for the 1997 

Eight-Hour Ozone and PM2.5 National Ambient Air Quality Standards." According to this 

guidance, if existing 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 & PM2.s NAAQS. Idaho's SIP is 

codified in 40 CFR Part 52, Subpart N. 

As indicated in the enclosed "Idaho Department of Environmental Quality, Certification 

of State 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. 

If you have any further questions or would 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 Air Act 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) with certification 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 Clean Air 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, on July 18. 1997. EPA promulgated new and 

revised National Ambient Air 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 preexisting NAAQS). and set the level ofthe standard at 0.08 

ppm (versus 0.12 ppm for the preexisting NAAQS). For PM, EPA promulgated a new 24-hour 

and a new annual NAAQS for PM2.s (particles with an aerodynamic diameter less than or equal 

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 modeling to 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 

new or revised standard. This being the case, states were required to submit such SIPs for the 

1997 standards to EPA no later than July 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 subsequent revisions, explicitly fulfilled these requirements. 

Several SIP revisions are still pending at EPA. 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, IDAP A 

58.01.01. 

In order to address all requirements in Sections 11O(a)(1) and (2). Idaho submitted to 

EPA on January 23, 2007 a Revision to the Idaho State Implementation Plan, addressing the 

Interstate Air Pollution Transport Requirements ofClean Air Act Section 

110(a)(2)(D)(i). 

!I11 O(a)(2)(A) 

SIP Requirement: 

Include enforceable emission limitations and other control measures. means, or techniques 

(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 power to supervise and administer a system to safeguard air qUality. 

Idaho Code Section 39-115 provides specific authority for the issuance of air 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 permit to construct or a Tier 11 operating permit, the applicant 

must demonstrate to the satisfaction of DEQ that the source will not cause or significantly 

contribute to a violation of any ambient air quality standard. IDAP A 58.01.01. 203.02 and 

403.02. Estimates of ambient 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 of all national ambient air quality standards, and updates to Appendix W. IDAP A 

58.01.0 lAO 1.03 provides DEQ with the authority to require a Tier II permit if it determines 

emission rate reductions are necessary to attain or maintain any ambient air quality standard or 

applicable prevention of significant deterioration (PSD) increments. IDAPA 58.01.01.107.03.a 

and b. Specific requirements for major sources in attainment or unclassifiable areas are listed in 

IDAP A 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). 

Federal New Source Review (NSR) requirements are incorporated in both IDAPA 58.01.01.204 

and 205. 

1110(a)(2)(B) 

SIP Requirement: 

Provide for establishment and operation of appropriate devices, methods, systems, and 

procedures necessary to monitor, compile and analyze data on ambient air quality, and upon 

request make such data 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 CFR Part 53 into IDAP A 

IDAPA 58.01.01.107.3f Incorporates 40 CFR Part 58, Appendix B into IDAPA 

IDAPA 58.01.01.576.05 Incorporates 40 CFR Part 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 Air Act. 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, prior to being submitted 


to EPA's Air Quality System, or AQS, no later than 90 days from the end ofthe calendar quarter 


from which the data was collecte4. On July 1 of each 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) 


SIP Requirement: 


Include a program to provide for the enforcement ofmeasures described in subparagraph (A) and 


regulation ofthe modification and construction ofany stationary source with the areas covered 


by the plan as necessary to assure the national ambient air quality standards are achieved, 


including a perm.\t program 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 or order promulgated pursuant to the EPHA. Criminal 


enforcement is authorized at Idaho Code Section 39-109. Emergency order authority, similar to 


that under Section 303 ofthe Clean Air Act, is located at Idaho Code Section 39-112. In regard 


to requiring stationary source compliance with the NAAQS. See discussion under Section 


1 1O(a)(2)(A) , above. 


111O(a)(2)(») 


SIP Requirement: 


Contain adequate provisions 


(i) 	 prohibiting, consistent with the provisions ofthis title, any source or other type of 

emissions activity within the state from emitting any air pollutant in amounts which 

will 

(I) 	 Contribute significantly to nonattainment in or interfere with maintenance by, 

any other state with respect to any such national primary or secondary ambient 

air quality standard or 

(II) 	 Interfere with measures required to be included in the applicable 

implementation plan for any other state under part C to prevent significant 

deterioration of air quality or to 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 in the 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 by the state or general purpose local governments for such 

purpose) will have adequate personnel, funding, and authority under state (and, as 

appropriate, local) law to carry out such implementation plan (and is not prohibited 

by any provision offederal or state law from carrying out such implementation plan 

or portion 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 or regional government, 

agency, or instrumentality for the implementation of any 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 of Environmental 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 of a central office and six regional offices. This 

submittal includes only those statutes and rules applicable statewide. 

§II 0(a)(2)(E)(iii) 

For certain 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 when required may constitute a violation ofthe requirement to 

control fugitive dust, IDAP A 58.01.01.650-651.· If a 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 of equipment, and the implementation 

ofother necessary steps by owners or operators ofstationary sources to monitor 

emissions from such sources; 

(ii) 	 periodic reports on the nature and amounts of emissions and emissions-related data 

from such sources; and 

(iii) 	 correlation of such reports by the state agency with any emission limitations or 

standards established pursuant to this Act, which reports shall be available at 

reasonable times for public inspection. 

Idaho Requirement: 

DEQ's air quality permits are practically enforceable and contain requirements to (i).install, 

maintain and replace equipment, (ii) monitor emissions, and (iii) submit reports. See IDAP A 

permit sections listed above and IDAPA 58.01.01.157 regarding source tests. Information order 

authority is located at IDAP A 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) 

SIP Requirement: 

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 Air Act 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 ofsuch plan 

(i) 	 from time to time as may be necessary to take account ofrevisions ofsuch national 

primary or secondary ambient air quality standard or the availability of improved or 

more expeditious methods of attaining such standard; and 

(ii) 	 except as provided in paragraph (3)(C), wherever the Administrator finds on the basis 

ofinformation available to the Administrator that the plan is substantially inadequate 

to attain the national ambient air quality standard which it implements, or to 

otherwise comply with any additional requirements established under this 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 air quality 

standards as incorporated by reference 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 of a plan or plan revision for an area designated as a nonattainment area, meet the 

applicable requirements of part 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 of Section 121 (relating to consultation); 

Meet the applicable requirements of Section 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. DEQ consults 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. Visibility requirements 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 of predicting the effect on ambient air quality of any emissions of any air 

pollutant for which the Administrator has established a national ambient air quality 

standard, and 

(ii) 	 the submission, upon request, ofdata related to such air quality modeling to the 


Administrator. 


Idaho Requirement: 

Air quality modeling is conducted during development ofrevisions to the SIP, as appropriate for 

the state to demonstrate attainment with required air quality 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, data bases and other requirements 

specified in 40 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 or operator of each major stationary source to pay to the permitting authority, 

as a condition ofany permit 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 or operator receives a permit for such source, the reasonable costs of 

implementing and enforcing the terms and conditions of any such permit (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 of a 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 October 4,2001 (66 FR 50574) with an effective 

date ofNovember 5,2001. EPA regularly 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 SIP revisions. 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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