STATE OF IDAHO 

DEPARTMENT OF 

ENVIRONMENTAL QUALITY 

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

May 22.2003 

C. Stephen Allred, Director 

John lani 

Regional Administrator 

U.S. EPA. Region 10 

1200 Sixth Avenue 

Seattle, WA 98101 

Re: State Implementation Plan Rule Revisions ; PerWl; f~;.Ar ~t"'5. (S{f~ (.1) 

Dear Mr. lani: 

Enclosed for your review and approval are an original and four copies of revisions to the Department of 

Environmental Quality's (DEQ) Rules for the Control of Air Pollution in Idaho, IDAPA 58.01.01. DEQ is 

seeking Environmental Protection Agency (EPA) approval of these revisions as an update to the 

contents of the Idaho State Implementation Plan (SIP), 40 CFR, Part 52, Subpart N. These revisions to 

the state rules were promulgated pursuant to the Environmental Protection and Health Act, Idaho Code, 

Sections 39-101 through 39-130. Review and approval by a Deputy Attorney General assigned to DEQ 

was obtained at appropriate times throughout the rulemaking process. The adoption was made in 

accordance with the requirements of the federal Clean Air Act .and applicable federal regulations. None 

of the revisions included in this submittal reflect a reduction in emission limits. 

A. 	 Rule Revisions Adopted by the Board of Environmental Quality and Approved by the 2002 

Idaho Legislature. 

1. 	 IDAPA 58.01.01.21 0.16.c - Soil Vapor Extraction. This revision resolves conflicts between 

DEQ's petroleum remediation policy and IDAPA 58.01.01.513 regarding good engineering 

practices and dispersion techniques in permitting sources with stacks. The Board of 

Environmental Quality adopted the revision on October 18, 2001, and the 2002 Idaho 

Legislature approved it on March 15, 2002 with an effective date of March 15, 2002. 

2. 	 IDAPA 58.01.01.008.11 and 58.01.01.107.03.j. -Incorporations of Federal Regulation by 

Reference. These revisions update citations to the federal regulations incorporated by 

reference to include those revised as of July 1, 2001. 

IDAPA 58.01.01.861.04.c - HospitaVMedical/lnfectious Waste Incinerators. This revision 

clarifies that all owners or operators of the effected incinerators must comply with provisions of 

Idaho Code, Section 39-128. 

The Board of Environmental Quality adopted these revisions on October 18,2001 and the 2002 

Idaho Legislature approved them on March 15. 2002, with an effective date of March 15, 2002. 

3. 	 IDAPA 58.01.01.790 through 799. - Nonmetallic Mineral Processing Plants. These new 

sections introduce the requirements for rock crushers including control requirements, emission 

standards, permit requirements, and use of Best Management Practices for fugitive dust control. 

They also establish requirements including registration and controls on the use of electrical 

generators by rock crushers operating under a permit by rule 
Mr. John lani 

May 22,2003 

Page 2 

IDAPA 58.01.01.011 and.IDAPA 58.01.01.201. These revisions add a definition for the 

purposes of Section 790 and 799 and add a provision allowing an operator to commence 

construction and operation of a source without a permit to construct provided the source 

operates in accordance with all the applicable provisions of a permit by rule. 

The Board of Environmental Quality adopted these revisions on October 18, 2001 and the 2002 

Idaho Legislature approved them on March 15, 2002, with an effective date of March 15, 2002. 

B. 	Rule Revisions Adopted by the Board of Environmental Quality and Approved by the 2003 

Idaho Legislature. . 

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

58.01.01.395. 58.01.01.410.58.01.01.58.01.01.313.01. 58.01.01.317.01.b.i.(30). 58.01.01.511, 

58.01.01.581.01- Permit Clarification. These pending revisions clarify various sections of 

Idaho's stationary source permitting program, remove the grain-loading standard, and correct 

citation references. 

IDAPA 58.01.01.008.11 and IDAPA 58.01.01.107 - Incorporations of Federal Regulations by 

Reference. These pending revisions update citations to the federal regulations· incorporated by 

reference to include those revised as of July 1, 2002. 

The Board of Environmental Quality removed several sections from the proposed rule and 

adopted the revised rule on November 13, 2002. The 2003 L~gislature approved the rule 

effective May 3, 2003. 

2. 	 IDAPA 58.01.01.600 through 67 - Opening Buming. These revisions clarify inconsistencies 

between the language and requirements of other local, state and federal rules, regulations and 

laws in addition to clarifying some general restrictions. 

The Board of Environmental Quality made revisions to the proposed rule and adopted on 

October 17,2002. The 2003 Legislature revised the pending rule and approved it effective 

March 21,2003. 

C. 	 Rule Revisions that Establish or Revise Permitting Fees. While we understand EPA will not 

include these rules in the Idaho SIP, we are forwarding them to you for information. 

1. 	 IDAPA 58.01.01.224 through 228 - Permit to Construct Application and Processing Fees. 

These new sections establish permit to construct application fees and processing fees and 

specify how the fees are collected, appealed and used by DEQ. 

lOAPA 58.01.01.407 through 410 and 58.01.01.470 - Tier" Operating Permit Processing Fees. 

These new sections establish Tier" operating permit processing fees and specify how the fees 

are collected, appealed and used by OEQ. 

IOAPA 58.01.01.800 through 802 - Permit bv Rule Registration Fee. These new sections 

establish the registration fee for facilities regulated under a permit by rule and specify how the 

fees are collected. appealed and used by OEQ. 
Mr. John lani 

( 	 May 22, 2003 

Page 3 

IDAPA 58.01.01.006. 58.01.01.007, 58.01.01.200. 58.01.01.202 through 209, 58.01.01.300, 

58.01.01.322.58.01.01.380. and 58.01.01.387 through 404. These sections were revised to 

change references to internal citations. 

The Board of Environmental Quality adopted these revisions on November 18, 2001 and the 

2002 Idaho Legislature approved them on March 15, 2002. These rule revisions were effective 

on July 1, 2002. 

2. 	 IDAPA 58.01.01.387 through 398 - Title V Op!rating Permit Fees. This pending rule revises 

the existing structure for annual registration of Tier I sources and the annual assessment and 

payment of Tier I feE!s. These revisions were adopted by the Board of Environmental Quality on 

November 13, 2002 and the 2003 Legislature approved them effective April 2, 2003. 

If you or your staff have questions concerning any of these rules, please contact me at 208-373-0240. 

My staff are ava~lable to vide assistance to ensu~ Idaho's SIP is updated as soon as possible. 

e 

/~ector 

/' 	CSA:ph 

Enclosures 

cc: 	 Lisa Kronberg 

Pat Nair 

Robert Wilkosz 

Phyllis Heitman 

SIP Submittals File 

Reading File 
STATE OF IDAHO 

. DEPARTMENT OF 

ENVIRONMENTAL QUALITY 

1410 North Hilton· Boise, Idaho 83706-1255' (208) 373·0502 Dirk Kempthome, Governor 

.C. Stephen Allred, Director 

AMENDMENT TO THE RULES FOR THE CONTROL OF 


AIR POLLUTION IN IDAHO 


Pursuant to the Environmental Protection and Health Act, Idaho Code 39-101 through 39-130, I 

hereby submit amendments to the Rules for the Control of Air Pollution in Idaho (Air Rules). 

IDAPA 58.01.01. as edited in the attachments, as a revision to Appendix A.3 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 22nd day of May. 2003 . 

./ 
PERMIT TO CONSTRUCT 


APPLICATION AND PROCESSING FEES 


IDAPA 58.01.01.224 THROUGH 228 


TIER II OPERATING PERMIT 


PROCESSING FEES 


IDAPA 58.01.01.407 rHROUGH 410 


IDAPA 58.01.01.470 


PERMIT BY RULE 


REGISTRATION FEE 


IDAPA 58.01.01.800 THROUGH 802 


CITATION REFERENCES 


IDAPA 58.01.01.006 


IDAPA 58.01.01.007 


IDAPA 58.01.01.200 


IDAPA 58.01.01.202 THROUGH 209 


IDAPA 58.01.01.300 


IDAPA 58.01.01.322 


IDAPA 58.01.01.380 


IDAPA 58.01.01.387 THROUGH 404 

-


-, 

IV' 1+- i' A , Pror 05 AI 
 -

IDAPA 58 - DEPARTMENT OF ENVIRONMENTAL QUALITY 

58.01.01 • RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO 

DOCKET NO. 58-0101·0104 

NOTICE OF PROPOSED RULEMAKING 

AUTHORITY: In compliance with Section 67-5221(1), Idaho Code, notice is hereby given that this agency has 

proposed rulemaking. This action is authorized by Sections 39-105 and 39-107. The collection offees is authorized 

by Sections 39-115(3) and 39-119, Idaho Code. 

PUBLIC HEARING SCHEDULE: A public hearing concerning this proposed rulemaking will be held as follows: 

October 9, 2001, 7 p.m. 


Department of Environmental Quality Conference Center 


1410 N. Hilton, 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 arrangements, contact the undersigned at (208)373-0418. 

DESCRIPTIVE SUMMARY: Economic growth in Idaho has resulted in a corresponding rise in the air quality 

permitting needs of the regulated community. The purpose of the rulemaking is to better match the level of funding 

available to the Department of Environmental Quality (DEQ) air quaHty permitting program to the level of permit 

applications received. The fee will support, in part, the costs to DEQ of processing applications for permits to 

construct (PTCs) and Tier II operating permits, and registrations for permits by rule, allowing the agency to better 

meet the needs ofthe regulated community. Persons proposing or operating existing stationary sources ofair pollutant 

emissions and required to obtain conStruction or operating permits may be affected by the rule. 

As proposed, the rule adopts a permit to construct application fee, as well as processing fee schedules for calculating 

permit to construct and Tier n operating permit processing fees. The rule also includes a registration fee for owners of 

qualified facilities opting to register with DEQ under Sections 790 through 799 in lieu of obtaining an individual 

permit. The fee schedules are structured to provide an incentive for emission reduction as required by Section 39­

115(3), Idaho Code. This rulemaking also includes non substantive corrections to rule section references within the 

rule chapter. 

The proposed rule text is in legislative format. Language the agency proposes to add is underlined. Language the 

agency proposes to delete is struck out. It is these additions and deletions to which public comment should be 

addressed. 

After consideration of public comments, DEQ intends to present the fmal proposal to the Board of Environmental 

Quality in November 2001 for adoption of a pending rule. The rule is expected to be final and effective upon the 

conclusion of the 2002 session of the Idaho Legislature. 

FEE SUMMARY: This rulemaking will establish a permit to construct application fee, schedules for processing fees 

for permits to construct and Tier II operating permits, and a permit by rule registration fee for nonmetallic mineral 

processing plants. Collection of the fees is authorized by Sections 39-115(3) and 39-119, Idaho Code. 

NEGOTIATED RULEMAKING: The text of the rule has been drafted based on discussions held and concerns 

raised during a negotiation conducted pursuant to Section 67-5220, Idaho Code, and IDAPA 04.11.01.812 through 

815. The negotiation was open to the public. Participants in the negotiation included government and industry 

representatives. The Notice of Negotiated Rulemaking was published in the Idaho Administrative Bulletin, Volume 

01-6, June 6, 2001, page 93. 

GENERAL INFORMATION: For more information about DEQ's programs and activities, visit DEQ's web site at 

www.state.id.us/deq. 

ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN COMMENTS: For assistance 

on questions concerning the proposed rulemaking, contact Phyllis Heitman, (208)373-0502, 

pheitman@deq.state.id.us. 

IDAHO ADMINISTRATIVE BULLETIN Page 168 September 5, 2001 - VoL 01-9 

" "-', ,'''\ l': ,r't 

~.~ .~ .......':.... ;... 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58·0101·0104 
 -


Rules for the Control ofAir Pollution In Idaho Proposed Rulemaking 


Anyone can submit written comments by mail, fax or e-mail at the address below regarding this proposed rule. DEQ 

will consider all written comments received by the undersigned on or before October 9,2001. 

Dated this 18th day of July, 200 I. 

Paula 1. Gradwohl 

Environmental Quality Section 

Attorney General's Office 

1410 N. Hilton 

Boise, Idaho 83706·1255 

(208)373-0418/Fax No. (208)373-0481 

pgradwoh@deq.state.id.us 

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

006. GENERAL DEFINITIONS. 

....-r.", 

01. Accountable. Any SIP emission trading program must account for the aggregate effect of the 

emissions trades in the demonstration of reasonable further progress, attainment, or maintenance. (4-5-00) 

02. Act. The Environmental Protection and Health Act of 1972 as amended (Sections 39-101 through 

39-130, Idaho Code). (5-1-94) 

03. Actual Emissions. The actual rate of emissions of a pollutant from an emissions unit as determined 

in accordance with the following: (4-5-00) 

a. In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at 

which the unit actually emitted the pollutant during a two-year period which precedes the particular date and which is 

representative of normal source operation. The Department shall allow the use of a different time period upon a 

determination that it is more representative of normal source operation. Actual emissions shall be calculated using the 

unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the 

selected time period. (4-5-00) 

b. The Department may presume that the source-specific allowable emissions for the unit are 

equivalentto actual emissions ofthe unit. (4-5-00) 

c. For any emissions unit (other than an electric utility steam generating unit as specified below) 

which has not yet begun normal operations on the particular date, actual emissions shall equal the potential to emit of 

the unit on that date. (4-5-00) 

d. For an electric utility steam generating unit (other than a new unit or the replacement of an existing 

unit) actual emissions of the unit following the physical or operational change shall equal the representative actual 

annual emissions of the unit, provided the source owner or operator maintains and submits to the Department, on an 

annual basis for a period of five (5) years from the date the unit resumes regular operation, information demonstrating 

that the physical or operational change did not result in an emissions increase. A longer period, not to exceed ten (10) 

years may be required by the Department if it determines such a period to be more representative of normal source 

post-change operations. (4-5-00) -" 

IDAHO ADMINISTRATIVE BULLETIN Page 169 September 5,1001- Vol. 01-9 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0104 


Rules for the Control ofAir Pollution in Idaho Proposed Rulemaking 


04. Air PoJlutant/Air Contaminant. Any substance, including but not limited to, dust, fume, gas, 

mist, odor, smoke, vapor, pollen, soot, carbon or particulate matter or any combination thereof. (4-5-00) 

05. Air Pollution. The presence in the outdoor atmosphere of any air pollutant or combination thereof 

in such quantity of such nature and duration and under such conditions as would be injurious to human health or 

welfare, to animal or plant life, or to property, or to interfere unreasonably with the enjoyment of life or property. 

(4-5-00) 

06. Air Quality. The specific measurement in the ambient air of a particular air pollutant at any given 

time. (5-1-94) 

07. Air Quality Criterion. The information used as guidelines for decisions when establishing air 

quality goals and air quality standards. (5-1-94) 

08. Allowable Emissions. The allowable emissions rate of a stationary source or facility calculated 

using the maximum rated capacity of the source or facility (unless the source or facility is subject to federally 

enforceable limits which restrict the operating rate, or hours of operation, or both) and the most stringent of the 

following: (4-5-00) 

a. The applicable standards set forth in 40 CFR part 60 and 61 ; (4-5-00) 

b. Any applicable State Implementation Plan emissions limitation including those with a future 

compliance date; or (4-5-00) 

c. The emissions rate specified as a federally enforceable permit condition, including those with a 

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

09. Ambient Air. That portion ofthe atmosphere, external to buildings, to which the general public has 

access. (5-1-94) 

10. Ambient Air Quality Violation. Any ambient concentration of any regulated air pollutant that 

causes or contributes to an exceedance ofa national ambient air quality standard as determined by 40 CFR Part 50. 

(4-5-00) 

11. Atmospheric Stagnation Advisory. An air pollution alert declared by the Department when 

regulated air pollutant impacts have been observed and/or meteorological conditions are conducive to additional 

regulated air pol1utant buildUp. (4-5-00) 

12. Attainment Area. Any area which is designated, pursuant to 42 U.S.C. Section 7407(d), as having 

ambient concentrations equal to or less than national primary or secondary ambient air quality standards for a 

particular regulated air pollutant or air pollutants. (4-5-00) 

13. Baseline (Area. Concentration, Date). See Section 579. (5-1-94) 

14. Best Available Control Technology (BACT). An emissions limitation (including a visible 

emissions standard) based on the maximum degree of reduction for each pollutant subject to regulation under the 

Clean Air Act which would be emitted from any proposed major facility or major modification which the 

Department, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other 

costs, determines is achievable for such proposed major facility or major modification through application of 

production processes or available methods, systems, and techniques, including fuel cleaning or treatment or 

innovative fuel combination techniques for control of such po])utant. In no event shall application of best available 

control technology result in emissions of any regulated air pollutant which would exceed the emission allowed by any 

applicable standard under 40 CFR Parts 60 and 61. If the Department determines that technological or economic 

limitations on the application of measurement methodology to a particular emission unit would make the imposition 

of an emissions standard infeasible, a design, equipment, work practice, operational standard or combination thereof, 

may be prescribed instead to satisfy the requirement for the application of best available control technology. Such 

- IDAHO ADMINISTRATIVE BULLETIN Page 170 September S, 2001 - Vol. 01-9 

... '" ';.... '1" ,~,: ,~.: .~" ".~~ 'l~) 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0104 


Rules for the Control ofAir Pollution In Idaho Proposed Rulemaking 


standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, 

equipment, work practice or operation, and shall provide for compliance by means which achieve equivalent results. 

(4-5-00) 

15. Board. Idaho Board of Environmental Quality. 	 (5-1-94) 

16. Breakdown. An unplanned failure of any equipment or emissions unit which may cause excess 

emissions. (4-5-00) 

17. BTU. British thermal unit. 	 (5-1-94) 

18. Clean Air Act. The federal Clean Air Act, 42 U.S.C. Sections 7401 through 7671q. 	 (5-1-94) 

19. Collection Efficiency. The overall performance of the air cleaning device in terms of ratio of 

materials collected to total input to the collector unless specific size fractions of the contaminant are stated or 

required. (5-1-94) 

20. Commence Construction Or Modification. In general, this means initiation of physical on-site 

construction activities on an emissions unit which are of a permanent nature. Such activities include, but are not 

limited to, installation of building supports and foundations, laying of underground pipework, and construction of 

permanent storage structures. With respect to a change in method of operation, this term refers to those on-site 

activities, other than preparatory activities, which mark the initiation of the change. (4-5-00) 

21. Complete. A determination made by the Department that all information needed to process a 

permit application has been submitted for review. (5-1-94) 

22. 	 Construction. Fabrication, erection, installation, or modification of a stationary source or facility. 

(5-1-94) ­ 23. Control Equipment. Any method, process or equipment which removes, reduces or renders less 

noxious, air pollutants discharged into the atmosphere. (5-1-94) 

24. Controlled Emission. An emission which has been treated by control equipment to remove all or 

part of an air pollutant before release to the atmosphere. (5-1-94) 

25. Criteria Air Pollutant. Any of the following: PM-tO; sulfur oxides; ozone, nitrogen dioxide; 

carbon monoxide; lead. (4-5-00) 

26. Department. The Department ofEnvironmental Quality. 	 (5-1-94) 

27. Designated Facility. Any ofthe following facilities: 	 (5-1-94) 

a. Fossil-fuel fired steam electric plants of more than two hundred fifty (250) million BTU's per hour 

heat input; (5-1-94) 

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

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

d. Portland cement plants; 	 (5-1-94) 

e. Primary zinc smelters; 	 (5-1-94) 

f. Iron and steel mill plants; 	 (5-1-94) 

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

-


IDAHO ADMINISTRATIVE BULLETIN Page 171 	 September 5,2001 - Vol. 01-9 

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

.....".- '-.l _~ +"W " • 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101·0104 


Rules for the Control ofAirPollution In Idaho Proposed Ru/emaking 


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

i. Municipal incinerators capable of charging more than two hundred and fifty (250) tons of refuse 

per day; (5-1-94) 

j. Hydrofluoric, sulfuric, and nitric acid plants; (5-1-94) 

k. Petroleum refineries; (5-1-94) 

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

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

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

o. Sulfur recovery plants; (5-1-94) 

p. Carbon black plants (furnace process); (5-1-94) 

q. Primary lead smelters; (5-1-94) 

r. Fuel conversion plants; (5-1-94) 

s. Sintering plants; (5-1-94) 

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

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

v. Fossil-fuel boilers (or combination thereof) ofmore than two hundred and fifty (250) million BTU's 

per hour heat input; (5-1-94) 

w. Petroleum storage and transfer facilities with a capacity exceeding three hundred thousand 

(300,000) barrels; (5-1-94) 

x. Taconite ore processing facilities; (5-1-94) 

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

z. Charcoal production facilities. (5-1-94) 

28. Director. The Director of the Department of Environmental Quality or his designee. (5-1-94) 

29. Effective Dose Equivalent. The sum of the products of absorbed dose and appropriate factors to 

account for differences in biological effectiveness due to the quality of radiation and its distribution in the body of 

reference man. The unit of the effective dose equivalent is the rem. It is generally calculated as an annual dose. 

(5-1-94) 

30. Emission. Any controlled or uncontrolled release or discharge into the outdoor atmosphere of any 

air pollutants or combination thereof. Emission also includes any release or discharge of any air pollutant from a 

stack, vent, or other means into the outdoor atmosphere that originates from an emission unit. (5-1-94) 

31. Emission Standard. A permit or regulatory requirement established by the Department or EPA 

which limits the quantity, rate, or concentration of emissions of air pollutants on a continuous basis, including any 

requirements which limit the level of opacity, prescribe equipment, set fuel specifications, or prescribe operation or 

maintenance procedures for a source to assure continuous emission reduction. (4-5-00) 

IDAHO ADMINISTRATIVE BULLETIN Page 172 September 5, 2001- Vol. 01-9 

", ~,f'l"'" t) -.../ t., _'._ I",) 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0104 


Rules for the Control ofAir Pol/ution in Idaho Proposed Rulemaking 


32. Emissions Unit. An identifiable piece of process equipment or other part of a facility which emits 

or may emit any air pollutant. This definition does not alter or affect the term "unit" for the purposes of 42 U.S.c. 

Sections 7651 through 76510. (5-1-94) 

33. 	 EPA. The United States Environmental Protection Agency and its Administrator or designee. 

(5-1-94) 

34. Environmental Remediation Source. A stationary source that functions to remediate or recover 

any release, spill, leak, discharge or disposal of any petroleum product or petroleum substance, any hazardous waste 

or hazardous substance from any soil, ground water or surface water, and shall have an operational life no greater than 

five (5) years from the inception of any operations to the cessation of actual operations. Nothing in this definition 

shall be construed so as to actually limit remediation projects to five (5) years or less of total operation. (5-1-95) 

35. Excess Emissions. Emissions of any regulated air pollutant exceeding an applicable emissions 

standard established for any facility, source or emissions unit by statute, regulation, rule, permit, or order. (4-5-00) 

36. Existing Stationary Source Or Facility. Any stationary source or facility that exists, is installed, 

or is under construction on the original effective date of any applicable provision of this chapter. (5-1-94) 

37. Facility. All of the pollutant-emitting activities which belong to the same industrial grouping, are 

located on one (I) or more contiguous or adjacent properties, and are under the control of the same person (or persons 

under common control). Pollutant-emitting activities shall be considered as part of the same industrial grouping if 

they belong to the same Major Group (i.e. which have the same two-digit code) as described in the Standard Industrial 

Classification Manual. (4-5-00) 

38. Federal Class I Area. Any federal land that is classified or reclassified "Class I" pursuant to 

Section 580. (5-1-94) 

39. Federal Land Manager. The Secretary of the federal department with authority over any federal 

lands in the United States. (5-1-94) 

40. Fire Hazard. The presence or accumulation of combustible material of such nature and in 

sufficient quantity that its continued existence constitutes an imminent and substantial danger to life, property, public 

welfare or adjacent lands. (5-1-94) 

41. Fuel-Burning Equipment. Any furnace, boiler, apparatus, stack and all appurtenances thereto, 

used in the process of burning fuel for the primary purpose of producing heat or power by indirect heat transfer. 

(5-1-94) 

42. Fugitive Dust. Fugitive emissions composed of particulate matter. 	 (5-1-94) 

43. Fugitive Emissions. Those emissions which could not reasonably pass through a stack, chimney, 

vent, or other functionally equivalent opening. (5-1-94) 

44. Garbage. Any waste consisting of putrescible animal and vegetable materials resulting from the 

handling, preparation, cooking and consumption of food including, but not limited to, waste materials from 

households, markets, storage facilities, handling and sale of produce and other food products. (5-1-94) 

45. Grain Elevator. Any plant or installation at which grain is unloaded, handled, cleaned, dried, 

stored, or loaded. (5-1-94) 

46. Grain Storage Elevator. Any grain elevator located at any wheat flour mill, wet com mill, dry com 

mill (human consumption), rice mill, or soybean extraction plant which has a permanent grain storage capacity of 

thirty five thousand two hundred (35,200) cubic meters (ca. 1 million bushels). (5-1-94) 

47. Grain Terminal Elevator. Any grain elevator which has a permanent storage capacity of more 

than eighty-eight thousand one hundred (88,100) cubic meters (ca. 2.5 million bushels), except those located at 

IDAHO ADMINISTRATIVE BULLETIN Page 173 	 September S, 2001- Vol. 01-9 
- DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 53-0101-0104 

Rules for the Control ofAir Pollution in Idaho Proposed Rulemaklng 

animal food manufacturers, pet food manufacturers, cereal manufacturers, breweries, and livestock feedlots. (5-1-94) 

48. Hazardous Air Pollutant (HAP). Any air pollutant listed in or pursuant to Section 112(b) of the 

Clean Air Act. (4-5-00) 

49. Hazardous Waste. Any waste or combination of wastes of a solid, liquid, semisolid, or contained 

gaseous form which, because of its quantity, concentration or characteristics (physical, chemical or biological) may: 

(5-1-94) 

a. Cause or significantly contribute to an increase in deaths or an increase in serious, irreversible, or 

incapacitating reversible illnesses; or (5-1-94) 

b. Pose a substantial threat to human health or to the environment if improperly treated, stored, 

disposed of, or managed. Such wastes include, but are not limited to, materials which are toxic, corrosive, ignitable, 

or reactive, or materials which may have mutagenic, teratogenic, or carcinogenic properties; provided that such 

wastes do not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation 

return flows or industrial discharges which are allowed under a national pollution discharge elimination system 

permit, or source, special nuclear, or by-product material as defined by 42 U.S.c. Sections 2014(e),(z) or (aa). 

(5-1-94) 

50. Hot-Mix Asphalt Plant. Those facilities conveying proportioned quantities or batch loading of 

cold aggregate to a drier, and heating, drying, screening, classifying, measuring and mixing the aggregate and asphalt 

for the purpose ofpaving, construction, industrial, residential or commercial use. (5-1-94) 

51. Incinerator. Any source consisting of a furnace and all appurtenances thereto designed for the 

destruction of refuse by burning. "Open Burning" is not considered incineration. For purposes of these rules, the 

destruction of any combustible liquid or gaseous material by burning in a flare stack shall be considered incineration. 

- (5-1-94)

52. Indian Governing Body. The governing body of any tribe, band, or group of Indians subject to the 

jurisdiction ofthe United States and recognized by the United States as possessing power of self-government. 

(5-1-94) 

53. Kraft Pulping. Any pulping process which uses, for a cooking liquor, an alkaline sulfide solution 

containing sodium hydroxide and sodium sulfide. (5-1-94) 

54. Lowest Achievable Emission Rate (LAER). For any source, the more stringent rate of emissions 

based on the following: (4-5-00) 

a. The most stringent emissions limitation which is contained in any State Implementation Plan for 

such class or category of facility, unless the owner or operator of the proposed facility demonstrates that such 

limitations are not achievable; or (4-5-00) 

b. The most stringent emissions limitation which is achieved in practice by such class or category of 

facilities. This limitation, when applied to a modification, means the lowest achievable emissions rate for the new or 

modified emissions units within the facility. In no event shall the application of the term permit a proposed new or 

modified facility to emit any pollutant in excess of the amount allowable under an applicable new source standard of 

performance. (4-5-00) 

55. Major FaciUty. (5-1-94) 

a. A major facility is either: (4-5-00) 

i. Any facility which emits, or has the potential to emit, one hundred (100) tons per year or more of 

any regulated air pollutant; or (4-5-00) 

11. Any physical change that would occur at a facility not qualifying under Subsection 006.55.aj. as a 

IDAHO ADMINISTRATIVE BULLETIN Page 174 September 5,2001 - VoL 01-9 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0104 


Rules for the Control ofAir Pollution in Idaho Proposed Rulemaking 


major facility, if the change would constitute a new major facility by itself. 	 (4-5-00) 

b. 	 A major facility that is major for volatile organic compounds shall be considered major for ozone. 

(4-5-00) 

c. The fugitive emissions of a facility shall not be included in determining for any of the purposes of 

this Section whether it is a major facility, unless the source is a designated facility or the source belongs to a 

stationary source category which, as of August 7, 1980, is being regulated under Sections III or 112 ofthe Clean Air 

Act. (4-5-00) 

56. Major Modification. (5-1-94) 

a. Any physical change or change in the method of operation of a major facility that would result in a 

significant net emissions increase of any regulated air pollutant. 	 (4-5-00) 

b. Any net emissions increase that is considered significant for volatile organic compounds shall be 

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

c. A physical change or change in the method of operation shall not include: 	 (4-5-00) 

L Routine maintenance, repair, and replacement; 	 (4-5-00) 

ii. Use of an alternative fuel or raw material by reason of an order under Sections 2(a) and (b) of the 

Federal Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of 

a natural gas curtailment plan pursuant to the Federal Power Act; (4-5-00) 

iii. 	 Use of an alternative fuel by reason of an order or rule under Section 125 ofthe Clean Air Act; 

(4-5-00) 

iv. Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from 

municipal solid waste; (4-5-00) 

v. Use of an alternative fuel or raw material by a facility which the facility was capable of 

accommodating before December 21, 1976 for facilities located in nonattainment areas or before January 6, 1975 for 

facilities located in attainment or unclassified areas, unless such change would be prohibited under any federally 

enforceable permit condition which was established after December 12, 1976 for facilities located in nonattainment 

areas or before January 6, 1975 for facilities located in attainment or unclassified areas or under any permit issued by 

the Department or EPA; (4-5-00) 

vi. An increase in the hours of operation or in the production rate, unless such change is prohibited 

under any federally enforceable permit condition which was established after December 12, 1976 for facilities located 

in non attainment areas or before January 6, 1975 for facilities located in attainment or unclassified areas. (4-5-00) 

VII. Any change in ownership at a facility; 	 (4-5-00) 

V111. The addition, replacement, or use of a pollution control project at an existing electric utility steam 

generating unit, unless the Department determines that such addition, replacement, or use renders the unit less 

environmentally beneficial, or except when the Department has reason to believe that the pollution control project 

would result in a significant net increase in representative actual annual emissions ofany criteria pollutant over levels 

used for that facility in the most recent air quality impact analysis in the area conducted for the purpose of Title I, if 

any, and the Department determines that the increase will cause or contribute to a violation of any national ambient 

air quality standard or prevention ofsignificant deterioration (PSD) increment, or visibility limitation; (4-5-00) 

ix. The installation, operation, cessation, or removal of a temporary clean coal technology 

demonstration project, provided that the project complies with the State Implementation Plan for the state in which 

the project is located, and other requirements necessary to maintain the national ambient air quality standard during 

the project and after it is terminated. 	 (4-5-00) 

- IDAHO ADMINISTRATIVE BULLETIN Page 175 	 September 5, 2001- Vol. 01-9 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0104 


Rules for the Control ofAir Pollution in Idaho Proposed Rulemaking 


57. 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. 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 any regulated air polIutant not previously emitted except that routine maintenance, 

repair and replacement shalI not be considered physical changes, and the folIowing shall not be considered a change 

in the method ofoperation: (4-5-00) 

a. An increase in the production rate ifsuch increase does not exceed the operating design capacity of 

the affected stationary source, and ifa more restrictive production rate is not specified in a permit; (5-1-94) 

b. An increase in hours ofoperation if more restrictive hours ofoperation are not specified in a permit; 

and (5-1-94) 

c. Use of an alternative fuel or raw material if the stationary source is specifica\ly designed to 

accommodate such fuel or raw material and use of such fuel or raw material is not specifically prohibited in a permit. 

(4-5-00) 

59. Monitoring. Sampling and analysis, in a continuous or noncontinuous sequence, using techniques 

which will adequately measure emission levels and/or ambient air concentrations of air pollutants. (5-1-94) 

60. Multiple Chamber Incinerator. 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 physicalIy separated by refractory walls, interconnected by gas passage ports or ducts 

and employing adequate parameters necessary for maximum combustion of the material to be burned. (5-1-94) 

61. New Stationary Source Or Facility. 	 (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 oftwo (2) years, and the Department 

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

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

of the application for a Permit to Construct. Upon receipt of this Departmental notification, the nonoperating facility 

will comply with the following restart schedule or be considered a new stationary source or facility when it does 

restart: Within thirty (30) working days after receipt ofthe Department's notification ofthe application for a Permit to 

Construct, the nonoperating facility shall provide the Department with a schedule detailing the restart of the facility. 

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

(5-1-94) 

62. 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 does not meet) the national primary or secondary 

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

63. NODcondeDsfbles. Gases and vapors from processes that are not condensed at standard temperature 

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

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

-


IDAHO ADMINISTRATIVE BULLETIN Page 176 	 September S, 2001 - Vol. 01-9 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0104 
 -


Rules for the Control ofAir Pollution in Idaho Proposed Rulemaking 


65. Opacity. A state which renders material partially or wholly impervious to rays of light and causes 

obstruction of an observer's view, expressed as percent. (5-1-94) 

66. Open Burning. The burning of any matter in such a manner that the products of combustion 

resulting from the burning are emitted directly into the ambient air without passing through a stack, duct or chimney. 

(5-1-94) 

67. Operating Permit. A permit issued by the Director pursuant to Sections 300 through 386 and/or 

400 through 461. (4-5-00) 

68. Partienlate Matter. Any material, except water in uncombined form, that exists as a liquid or a 

solid at standard conditions. (5-1-94) 

69. Partienlate Matter Emissions. All particulate matter emitted to the ambient air as measured by an 

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

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

~ 

22-3-.8.. 

71. Person. Any individual, association, corporation, firm, partnership or any federal, state or local 

governmental entity. (5-1-94) 

72. PM-lO. All particulate matter in the ambient air with an aerodynamic diameter less than or equal to 

a nominal ten (10) 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 Part 

53. 	 (5-1-94) 

73. PM-lO Emissions. All particulate matter, including condensible particulates, with an aerodynamic 

diameter less than or equal to a nominal ten (10) 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) 

74. Potential To EmitlPotential Emissions. The maximum capacity of a facility to emit an air 

pollutant under its physical and operational design. Any physical or operational limitation on the capacity 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 operation and restrictions on the type or amount of material combusted, stored or processed. 

This defmition does not alter or affect the term "capacity factor" as defined in 42 U.S.C. Sections 7651 through 

76510. (4-5-00) 

75. Portable Equipment. Equipment which is designed to be dismantled and transported from one (1) 

job site to another job site. (5-1-94) 

76. 	 PPM (parts per million). Parts of a gaseous contaminant per'million parts of gas by volume. 

(5-1-94) 

77. Prescribed 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) 

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

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

IDAHO ADMINISTRATIVE BULLETIN Page 177 	 September S, 2001 - Vol. 01-9 

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

._..;~:I~" .;~ \.~~ 
- DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58·0101·0104 

Rules for the Control ofAir Pollution in Idaho Proposed Rulemaklng 

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) 

f. The preparation of planting and seeding sites for forest regeneration; and (5-1-94) 

g. Other accepted natural resource management purposes. (5-1-94) 

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

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

79. 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, including ducts, stack, etc., the 

use of which may cause any discharge of an air pollutant into the ambient air but not including that equipment 

specifically defined as fuel-burning equipment or refuse-burning equipment. (5-1-94) 

80. Process Weight. The total weight of all materials introduced into any source operation which may 

cause any emissions ofparticulate 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 feed material shall be considered part of 

the process weight. (5-1-94) 

81. 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 (1) interpretation of this definition, the interpretation that results in the minimum value for allowable emission 

shall apply. (4-5-00) 

82. QuantifiabJe. The Department must be able to determine the emissions impact of any SIP trading 

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

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

84. ReguJated Air PolJutant. 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 U.S.C. Section 7411. (4-5-00) 

d. Any Class I or II substance subject to a standard promulgated under or established under 42 U.S.c. 

Sections 7671a(a) or 767 I a(b). (4-5-00) 

e. Any air pollutant subject to a standard promulgated under 42 U.S.C. Section 7412 or other 

requirements established under 42 U.S.C. Section 7412, including 42 U.S.C. Section 7412(g), 0), and (r), including 

the following: (4-5-00) 

i. Any air pollutant subject to requirements under 42 U.S.c. Section 74120). If the EPA fails to 

promUlgate a standard by the date established pursuant to 42 U.S.C. Section 7412(e), any air pollutant for which a 

subject source would be major shall be considered to be regulated on the date eighteen (18) months after the 

applicable date established pursuant to 42 U.S.c. Section 7412(e); and (4-5-00) 

IDAHO ADMINISTRATIVE BULLETIN Page 178 September 5, 2001- VoL 01-9 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0104 


Rules for the Control ofAir Pollution in Idaho Proposed Rulemaking 


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

only with respect to the individual source subject to 42 U.S.C. Section 7412(g)(2) requirement. (4-5-00) 

f. Any air pollutant listed in Sections 585, 586, or subject to regulation pursuant to Section 161. 

Unless otherwise listed in Subsections006.84.a. through 006.84.e., these pollutants do not constitute regulated air 

pollutants for purposes of Sections 300 thlyjrtgh 386 tll'lti526 through -538 399. ~ 

85. Replicable. Any SIP procedures for applying emission trading shall be structured so that two (2) 

independent entities would obtain the same result when determining compliance with the emission trading provisions. 

(4-5-00) 

86. Responsible Official. One (l) of the following: 	 (5-1-94) 

a. For a corporation: a president, secretary, treasurer, or vice-president ofthe corporation in charge of 

a principal business function, or any other person who performs similar policy or decision-making functions for the 

corporation, or a duly authorized representative of such person if the representative is responsible for the overall 

operation ofone (I) or more manufacturing, production, or operating facilities applying for or 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) ~" 

c. For a municipality, State, Federal, or other public agency: either a principal executive officer or 

ranking elected official. For the purposes of Section 123, a principal executive officer of a Federal agency includes the 

chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency 

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

d. For Phase II sources: 	 (5-1-94) 

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

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

11. The designated representative for any other purposes under 40 CFR Part 70. 	 (5-1-94) 

87. Safety Measure. Any shutdown (and related startup) or bypass of equipment or processes 

undertaken to prevent imminent injury or death or severe damage to equipment or property which may cause excess 

emissions. (4-5-00) 

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

in part in salvaging or reclaiming any product or material, such as, but not limited to, reprocessing of used motor oils, 

metals, chemicals, shipping containers, or drums, and specifically including automobile graveyards and junkyards. 

(5-1-94) 

89. 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 

of such equipment. (3-20-97) 

90. Secondary Ambient Air Quality Standard. That ambient air quality which is requisite to protect 

the public welfare from any known or anticipated adverse effects associated with the presence of air pollutants in the 

ambient air. (5-1-94) 

IDAHO ADMINISTRATIVE BULLETIN Page 179 September 5, 2001- Vol. 01-9 

.. .... ,...... ,.., ".. 

,-: ,,} olj ~ ~) 
--

DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0104 


Rules for the Control ofAir Pollution in Idaho Proposed Rulemaklng 


91. 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) 

92. Significant. A rate of regulated air pollutant emissions that would equal or exceed any of the 

following: (4-5-00) 

a. Air pollutant emissions and rate: 	 (5-1-94) 

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

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

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

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

v. Ozone, forty (40) tons per year of volatile 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) of a 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) of a ton per year; 	 (5-1-94) 

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

xi. Fluorides, three (3) tons per year; 	 (5-1-94) 

xii. Sulfuric acid mist, seven (7) tons per year; 	 (5-1-94) 

xiii. Hydrogen sulfide (H2S), ten (IO) tons per year; 	 (5-1-94) 

xiv. Total reduced sulfur (including H2S), ten (l0) tons per year; 	 (5-1-94) 

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

xvi. PM-I 0, fifteen (15) tons per year; 	 (5-1-94) 

xvii. Municipal waste combustor organics (measured as total tetra- through octa-chlorinated dibenzo-pdioxins and dibenzofurans), thirty-five ten-millionths (0.0000035) tons 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. Radionuclides, a quantity of emissions, from source categories regulated by 40 CFR Part 61, 

Subpart H, that have been determined 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, if total facility-wide emissions contribute an effective dose equivalent of less than three (3) 

IDAHO ADMINISTRATIVE BULLETIN Page 180 	 September 5,2001 - Vol. 01-9 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0104 


Rules for the Control ofAir Pollution In Idaho Proposed Rulemaklng 


mrem per year; or any radionuclide emission rate, if total facility-wide radionuclide emissions contribute an effective 

dose equivalent of greater 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 oo6.92.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 ofan emitted regulated air pollutant 

in the Class I area by one (I) microgram per cubic meter, twenty-four (24) hour average, or more. (4-5-00) 

93. Significant Contribution. Any increase in ambient concentrations which would exceed the 

following: (5-1-94) 

a. Sulfur dioxide: (5-1-94) 

i. One (1.0) microgram per cubic meter, annual average; (5-1-94) 

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

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

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

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

i. One-half(O.5) milligrams per cubic meter, eight (8) hour average; (5-1-94) 

ii. Two (2) milligrams per cubic meter, one (I) hour average; (5-1-94) - d. PM-IO: (5-1-94) 

i. One (1.0) microgram per cubic meter, annual average; (5-1-94) 

ii. Five (5.0) micrograms per cubic meter, twenty-four (24) hour average. (5-1-94) 

94. Small Fire. A fife 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) 

95. Smoke. Small gas-borne particles resulting from incomplete combustion, consisting 

predominantly, but not exclusively, ofcarbon and other combustible material. (5-1-94) 

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

616, Categories of Allowable Burning. (5-1-94) 

97. Smoke Management Program. A program whereby meteorological information, fuel conditions, 

fire behavior, smoke movement and atmospheric dispersal conditions are used as a basis for scheduling the location, 

amount and timing of open burning operations so as to minimize the impact of such burning on identified smoke 

sensitive areas. (5-1-94) 

98. Source. A stationary source. (5-1-94) 

99. Source Operation. The last operation preceding the emission of air pollutants, when this 

operation: (5-1-94) 

a. Results in the separation of the air pollutants from the process materials or in the conversion of the 

process materials into air pollutants, as in the case of fuel combustion; and (5-1-94) 

IDAHO ADMINISTRATIVE BULLETIN Page 181 September 5, 2001- VoL 01-9 

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

.;t':: ;..'''': iX 
- DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0104 

Rules for the Control ofAir Pollution In Idaho Proposed Rulemaklng 

b. Is not an air cleaning device. (5-1-94) 

100. 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) 

101. Standard Conditions. Except as specified in Subsection 576.02 for ambient air quality standards, 

a dry gas temperature of twenty degrees Celsius (20C) sixty-eight degrees Fahrenheit (68F) and a gas pressure of 

seven hundred sixty (760) miJlimeters ofmercury (14.7 pounds per square inch) absolute. (4-5-00) 

102. Startup. The normal and customary time period required to bring air pollution control equipment 

or an emissions unit, including process equipment, from a nonoperational status into normal operation. (5-1-94) 

103. Stationary Source. Any building, structure, emissions unit, or installation which emits or may emit 

any air pollutant. (4-5-00) 

104. Tier I Source. Any ofthe following: (5-1-94) 

a. Any source located at any major facility as defined in Section 008; (4-5-00) 

b. Any source, including an area source, subject to a standard, limitation, or other requirement under 

42 U.s.C. 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 II source; and (5-1-94) 

e. Any source in a source category designated by the Department. (5-1-94) 

105. Total Suspended Particulates. Particulate matter as measured by the method described in 40 CFR 

50 Appendix B. (4-5-00) 

106. Toxic Air PoUutant. An air pollutant that has been determined by the Department to be by its 

nature, toxic to human or animal life or vegetation and listed in Section 585 or 586. (5-1-94) 

107. 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 (l) 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) 

108. 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) 

109. 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) 

110. Trade Waste. Any solid, liquid or gaseous material resulting from the construction or demolition 

of any structure, or the operation of any business, trade or industry including, but not limited to, wood product 

industry waste such as sawdust, bark, peelings, chips, shavings and cull wood. (5-1-94) 

111. TRS (Total Reduced Sulfur). Hydrogen sulfide, mercaptans, dimethyl sulfide, dimethyl disulfide 

and any other organic sulfide present. (5-1-94) 

112. Unclassifiable Area. An area which, because 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)

- IDAHO ADMINISTRATIVE BULLETIN Page 182 September 5, 2001 - Vol. 01-9 
-. 

DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58·0101·0104 

Rules for the Control ofAir Pollution In Idaho Proposed Rulemaking 

113. Uncontrolled Emission. An emission which has not been treated by control equipment. (5-1-94) 

114. Upset. An unplanned disruption in the normal operations ofany equipment or emissions unit which 

may cause excess emissions. (4-5-00) 

115. Wigwam Burner. Wood waste burning devices commonly called teepee burners, silos, truncated 

cones, and other such burners commonly used by the wood product industry for the disposal by burning of wood 

wastes. (5-1-94) 

116. Wood Stove CurtaUment Advisory. An air pollution alert issued through local authorities and/or 

the Department to limit wood stove emissions during air pollution episodes. (5-1-94) 

007. DEFINITIONS FOR THE PURPOSES OF SECTIONS 200 THROUGH 22~Ji AND 400 THROUGH 

461. 

01. Adverse Impact On VisibUity. Visibility impairment which interferes with the management, 

protection, preservation, or enjoyment of the visitor's visual experience of the Federal Class I area. This 

determination must be made on a case-by-case basis taking into account the geographic extent, intensity, duration, 

frequency, and time of visibility impairments, and how these factors correlate with: (4-5-00) 

a. Times of visitor use of the Federal Class I area; and (4-5-00) 

b. The frequency and timing of natural conditions that reduce visibility. (4-5-00) 

c. This term does not include affects on integral vistas. (4-5-00) 

02. Agricultural Activities And Services. For the purposes of Subsection 223.03.f., the usual and 

customary activities of cultivating the soil, producing crops and raising livestock for use and consumption. 

Agricultural activities and services do not include manufacturing, bulk storage, handling for resale or the formulation 

of any agricultural chemical listed in Sections 585 or 586. (5-1-94) 

03. Innovative Control Technology. Any system of air pollution control that has not been adequately 

demonstrated in practice, but would have a substantial likelihood of achieving greater continuous emissions reduction 

than any control system in current practice, or of achieving at least comparable reductions at lower cost in terms of 

energy, economics, or non-air quality environmental effects. (5-1-94) 

04. Integral Vista. A view perceived from within the mandatory federal Class I area of a specific 

landmark or panorama located outside the boundary of the mandatory federal Class I area. Integral vistas are 

identified by the responsible federal land manager in accordance with criteria adopted pursuant to 40 CFR Part 

51.304(a). (5-1-94) 

05. Mandatory Federal Class I Area. Any area designated under 42 U.S.C. Section 7472(a) as Class I 

and never to be redesignated. (5-1-94) 

06. Net Emissions Increase. Any increase in actual emissions- from a particular modification plus any 

other increases and decreases in actual emissions at the facility that are creditable and contemporaneous with the 

particular modification, where: (4-5-00) 

a. A creditable increase or decrease in actual emissions is contemporaneous with a particular 

modification if it occurs between the date five (5) years before the commencement of construction or modification on 

the particular change and the date that the increase from the particular modification occurs. Any replacement unit that 

requires shakedown becomes operational only after a reasonable shakedown period, not to exceed one hundred and 

eighty (I80) days; (4-5-00) 

b. A decrease in actual emissions is creditable only if it satisfies the requirements for emission 

reduction credits (Section 460) and has approximately the same qualitative significance for public health and welfare 

-. 

IDAHO ADMINISTRATIVE BULLETIN Page 183 September S, 2001 ~ Vol. OI~9 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58·0101·0104 


Rules for the Control ofAir Pollution in Idaho Proposed Rulemaking 


as that attributed to the increase from the particular modification, and is federally enforceable at and after the time 

that construction of the modification commences. (4-5-00) 

c. The increase in toxic air pollutant emissions from an already operating or permitted source is not 

included in the calculation ofthe net emissions increase for a proposed new source or modification if: (5-1-95) 

i. The already operating or permitted source commenced construction or modification prior to July 1, 

1995; or (5-1-95) 

ii. The uncontrolled emission rate from the already operating or permitted source is ten per cent (10%) 

or less ofthe applicable screening emissions level listed in Section 585 or 586; or (6-30-95) 

111. The already operating or permitted source is an environmental remediation source subject to or 

regulated by the Resource Conservation and Recovery Act (42 U.S.c. Sections 6901-6992k) and "Idaho Rules and 

Standards for Hazardous Waste," (IDAPA 58.01.05.000 et seq.) or the Comprehensive Environmental Response, 

Compensation and Liability Act (42 U.S.c. 6901-6992k) or a consent order. (6-30-95) 

07. Pilot Plant. A stationary source located at least one quarter (1/4) mile from any sensitive receptor 

that functions to test processing, mechanical, or pollution control equipment to determine full-scale feasibility and 

which does not produce products that are offered for sale except in developmental quantities. (5-1-94) 

08. Reasonable Further Progress (RFP). Annual incremental reductions in emissions of the 

applicable regulated air pollutant as identified in the SIP which are sufficient to provide for attainment of the 

applicable ambient air quality standard by the required date. (4-5-00) 

09. Secondary Emissions. Emissions which would occur as a result of the construction, modification, 

or operation of a stationary source or facility, but do not come from the stationary source or facility itself. Secondary 

emissions must be specific, well defined, quantifiable, and affect the same general area as the stationary source, 

facility, or modification which causes the secondary emissions. Secondary emissions include emissions from any 

offsite support facility which would not be constructed or increase its emissions except as a result of the construction 

or operation of the primary stationary source, facility or modification. Secondary emissions do not include any 

emissions which come directly from a mobile source regulated under 42 U.S.c. Sections 7521 through 7590. 

(4-5-00) 

10. Sensitive Receptor. Any residence, building or location occupied or frequented by persons who, 

due to age, infirmity or other health based criteria, may be more susceptible to the deleterious effects of a toxic air 

pollutant than the general population including, but not limited to, elementary and secondary schools, day care 

centers, playgrounds and parks, hospitals, clinics and nursing homes. (5-1-94) 

11. Short Term Source. Any new stationary source or modification to an existing source, with an 

operational life no greater than five (5) years from the inception of any operations to the cessation of actual 

operations. (5-1-94) 

12. Toxic Air Pollutant Reasonably Available Control Technology (T-RACT). An emission 

standard based on the lowest emission of toxic air pollutants that a particular source is capable of meeting by the 

application of control technology that is reasonably available, as determined by the Department, considering 

technological and economic feasibility. If control technology is not feasible, the emission standard may be based on 

the application ofa design, equipment, work practice or operational requirement, or combination thereof. (5-1-94) 

13. Visibility Impairment. Any humanly perceptible change in visibility (visual range, contrast, 

coloration) from that which would have existed under natural conditions. (4-5-00) 

(BREAK IN CONTINUITYOF SECTIONS) 


-


IDAHO ADMINISTRATIVE BULLETIN Page 184 September 5, 2001- Vol. 01-9 
-
 DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0104 


Rules for the Control of AirPollution in Idaho Proposed Rulemaking 


200. PROCEDURES AND REQUIREMENTS FOR PERMITS TO CONSTRUCT. 


The purposes of Sections 200 through 22-3.8. is to establish uniform procedures and requirements for the issuance of 


"Permits to Construct." (4-§-OO1L-J. 


201. PERMIT TO CONSTRUCT REQUIRED. 


No owner or operator may commence construction or modification of any stationary source, facility, major facility, or 


major modification without first obtaining a permit to construct from the Department which satisfies the requirements 


of Sections 200 through 22-3.8. unless the source is exempted in any of Sections 220 through 223, the owner or 


operator complies with Section 213 and obtains the required permit to construct, or the source operates in accordance 


with all of the applicable provisions of a permit by rule. ~ 

202. APPLICATION PROCEDURES. 


Application for a permit to construct must be made using forms furnished by the Department, or by other means 


prescribed by the Department. The application shall be certified by the responsible official in accordance with Section 


123 and shall be accompanied by all information necessary to perform any analysis or make any determination 


required under Sections 200 through 22-3.8.. (4-§-OO1L-J. 


01. Required Information. Depending upon the proposed size and location of the new or modified 

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

one or more of the following provisions: (5-1-94) 

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

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

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

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

11. 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 nonattainment regulated air pollutant(s): (4-5-00) 

i. A description of the 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 lowest achievable 

emission rate would be applied. (5-1-94) 

ii. A description of the emission offsets proposed for the new major facility or major modification, 

including information on the stationary sources, mobile sources, or facilities providing the offsets, emission 

estimates, and other information necessary to determine that a net air quality benefit would result. (4-5-00) 

111. Certification that all other facilities in Idaho, owned or operated by (or under common ownership 

of) the proposed new major facility or major modification, are in compliance with all local, state or federal 

requirements or are on a schedule for compliance with such. (5-1-94) 

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

which demonstrates that the benefits of the proposed major facility or major modification significantly outweigh the 

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

v. An analysis ofthe impairment to visibility of any federal Class I area, Class I area designated by the 

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

would impact (including the monitoring of visibility in any Class I area near the new major facility or major 

modification, if requested by the Department), except for those new major facilities and major modifications 

exempted by Subsection 204.04. (5-1-94) 

c. For any new major facility or major modification in an attainment or unclassifiable area for any 

regulated air pollutant, except for those new major facilities and major modifications exempted under Subsection 

205.04. (4-5-00) 

IDAHO ADMINISTRATIVE BULLETIN Page 185 September 5, 2001- Vol. 01-9 
- DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0104 

Rules for the Control ofAir Pollution in Idaho Proposed Rulemaklng 

i. A description of the 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. (5-1-94) 

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) 

1lI. An analysis of the effect on air quality projected for the area as a result of general commercial, 

residential, industrial, and other growth associated with the new major facility or major modification. (5-1-94) 

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

residential, industrial, and other growth which has occurred since August 7, 1977, in the area the new major facility or 

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

v. An analysis ofthe impairment to visibility, soils, and vegetation that would occur as a result of the 

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 ofthe impairment to visibility ofany 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 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) 

Vlll. Ambient analyses as specified in Subsections 202.0Ic.vii., 202.0Ic.ix., 202.0Ic.x., and 

202.01c.xii., may not be required if the projected increases in ambient concentrations or existing ambient 

concentrations of a particular regulated air pollutant in any area that the new major facility 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-1O - ten (10) micrograms per cubic meter, twenty-four (24) 

hour average; sulfur dioxide - thirteen (13) micrograms per cubic meter, twenty-four (24) hour average; ozone - any 

net increase ofone hundred (100) tons per year or more ofvolatile 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) of a microgram 

per cubic meter, twenty-four (24) hour average; fluorides - twenty-five hundredths (0.25) of a microgram per cubic 

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

average; hydrogen sulfide - two-tenths (0.2) ofa microgram per cubic meter, one (I) hour average. (4-5-00) 

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

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

Department determines that a complete and adequate analysis can be accomplished with monitoring data gathered 

over a period shorter than one (1) year, but not less than four (4) months, which is adequate for determining whether 

the emissions of that regulated air pollutant would cause or contribute to a violation of the ambient air quality 

standard or any prevention of significant deterioration (PSD) increment. (4-5-00) 

x. For any regulated air pollutant which does not have an ambient air quality standard, the analysis 

shall contain such air quality monitoring data that the Department determines is necessary to assess ambient air 

quality for that air pollutant in any area that the emissions ofthat air pollutant would affect. (4-5-00) 

xi. If requested by the Department, monitoring of visibility in any Class I area the proposed new major 

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

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

IDAHO ADMINISTRATIVE BULLETIN Page 186 September 5, 2001 - Vol. 01-9 
-
 DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0104 

Rules for the Control ofAir Pollution in Idaho Proposed Rulemaking 

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 (Guideline 

on Air Quality Models). (4-5-00) 

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

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

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

and substitutions of models used for toxic air pollutants will be reviewed by the Department. (4-5-00) 

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

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

quality models. (5-1-94) 

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

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

furnished upon request. (5-1-94) 

(BREAK IN CONTINUITY OF SECTIONS) 

209. PROCEDURE FOR ISSUING PERMITS. 

01. General Procedures. General procedures for permits to construct. (5-1-94) - a. Within thirty (30) days after receipt of the application for a permit to construct, the Department 

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

the applicant of its findings in writing. (5-1-94) 

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

(5-1-94) 

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

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

ii. Notify the applicant in writing of the approval, conditional approval, or denial of the application if 

an opportunity for public comment is not required pursuant to Subsection 209.01.c. The Department shaH set forth 

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

iii. Issue a proposed approval, proposed conditional approval, or proposed denial. (5-1-94) 

c. An opportunity for public comment will be provided on all applications requiring a permit to 

construct. Public comment shall be provided on an application for any new major facility or major modification, any 

new facility 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 uses an interpollutant trade pursuant to Subsection 210.17, any application for a permit with a particulate 

matter emission standard requested pursuant to Subsection 710.10, any application which the Director determines an 

opportunity for public comment should be provided, and any application upon which the applicant so requests. 

(3-30-01) 

i. The Department's proposed action, together with the information submitted by the applicant and 

the Department's analysis of the information, 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) 

- IDAHO ADMINISTRATIVE BULLETIN Page 187 September 5, 1001- VoL 01-9 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58·0101·0104 


Rules for the Control ofAirPollution In Idaho Proposed Rulemaking 


ii. The availability of such materials shall be made known by notice published in a newspaper of 

general circulation in the county(ies) in which the stationary source 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 information 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 

Departmenfs final determination, shall be made available to the public at the same 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. Additional Procedures For Specified Sources. (5-1-94) 

a. For any new major facility or major modification in an attainment or uncIassifiable area for any 

regulated air pollutant, except for those new major facilities and major modifications exempted under Subsection 

205.04. (4-5-00) 

i. The public notice issued pursuant to Subsection 209.0 I.c.ii. 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, alternatives to it, the control technology required, and other appropriate 

considerations. All requests for public hearings during a comment period with an opportunity for a hearing must be 

requested in writing by interested persons within fourteen (14) days of the publication of the legal notice of the 

proposed permit to construct or within fourteen (14) days prior to the end of the comment period, whichever is later. 

(3-23-98) 

b. For any new major facility or major modification which would affect a federal Class I area or an 

integral vista ofa mandatory federal Class I area. (5-1-94) 

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) 

iii. Notice ofevery action related to the consideration ofthe permit shall be sent to the Administrator of 

the U.S. Environmental Protection Agency; (5-1-94) 

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

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

new major facility or major modification, alternatives to it, the control technology required, and other appropriate 

considerations. All requests for public hearings during a comment period with an opportunity for a hearing must be 

-


IDAHO ADMINISTRATIVE BULLETIN Page 188 September 5, 2001 - Vol. 01-9 

*' - I .... '1f • 

..; ,,} wi :1 Lj. 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0104 - Rules for the Control ofAir Pollution In Idaho Proposed Rulemaking 

requested in writing by interested persons within fourteen (14) days of the publication of the legal notice of the 

proposed permit to construct or within fourteen (14) days prior to the end of the 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 of the 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 I area. (4-5-00) 

03. Establishing A Good Engineering Stack Height. The Department will notify the public of the 

availability of any 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 22:t.R. Revised permits will be issued pursuant to procedures for issuing permits (Section 209), except that the 

requirements of Subsections 209.0l.c., 209.02.a., and 209.02.b., shall only apply if the permit revision results in an 

increase in emissions authorized by the permit or ifdeemed appropriate by the Director. {4+fJfljL-J. 

05. Permit To Construct Procedures For Tier I Sources. For Tier I sources that require a permit to 

construct, the owner or operator shan either: (5-1-94) 

a. Submit only the information required by Sections 200 through 219 for a permit to construct, in 

which case: (3-23-98) ­ i. A permit to construct or denial will be issued in accordance with Subsections 209.0 La. and 

209.0l.b. (5-1-94) 

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) 

111. 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. 

(4-5-00) 

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

permit to construct will be incorporated into the Tier I operating permit during renewal (Section 269). Where an 

existing Tier I permit would prohibit such construction or change in operation, the source must obtain a permit 

revision before commencing operation. Tier I sources required to meet the requirements under Section 112(g) ofthe 

Clean Air Act (Section 214), or to have a permit under the preconstruct ion review program approved into the 

applicable implementation plan under Part C (Section 205) or Part D (Section 204) of Title I of the Clean Air Act, 

shall file a complete application to obtain a Tier I permit revision within twelve (12) months after commencing 

operation. (3-19-99) 

v. The application or minor or significant permit modification request shan be processed in 

accordance with timelines: Section 361 and Subsections 367.02 through 367.05. (3-19-99) 

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

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

b. Submit all information required by Sections 200 through 219 for a permit to construct and Sections 

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

-


IDAHO ADMINISTRATIVE BULLETIN Page 189 September S, 200t - VoL 01-9 

"'. "..., ("" ,1 ~ 

~. ~,i ',,; ..,..' *,. ~) 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0104 


Rules for the Control ofAir Pollution in Idaho Proposed Rulemaklng 


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

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

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

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

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

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

operating permit modification. (4-5-00) 

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

operator a final 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 I operating permit or modification shall be sent for review in accordance with 

Section 366. (4-5-00) 

vi. The Tier I operating permit, or Tier I operating permit modification, will be issued in accordance 

with Section 367. The owner or operator may operate the source 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 information required by Sections 200 through 219 for a permit to construct and Sections 

300 through 381 for a Tier I operating permit, or Tier I operating permit modification, in which case: (4-5-00) 

i. Completeness ofthe application shaH be determined within thirty (30) days. (4-5-00) 

ii. The Department shall prepare a draft permit to construct 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 permit to construct or denial to EPA for review 

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

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

operator a final permit to construct or denial in accordance with Section 367. The owner or operator may construct the 

source after permit to construct issuance or in accordance with Subsection 213.02.c. (4-5-00) 

vi. The permittee may, at any time after issuance, request that the permit to construct requirements be 

incorporated into the Tier I operating permit through an administrative amendment in accordance with Section 381. 

The owner or operator may operate the source or modification upon submittal of the request for an administrative 

amendment. (4-5-00) 

(BREAK IN CONTINUITY OF SECTIONS) 

-


IDAHO ADMINISTRATIVE BULLETIN Page 190 September 5, 2001 - Vol. 01-9 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58·0101-0104 

Rules for the Control ofAirPollution in Idaho Rulemaking 

ill.. PERMIT TO CONSTRUCT APPLICATION FEE. 

All awlicants for a permit to construct shall submit a permit to construct lll!plication fee of one thousand dollars 

($I.OOQ) to the Department at the time of the ori&inal submission of the awlication. The permit to construct 

application fee is not required to be submitted for: L---1 

!t.L Exemption Applicability Determinations. Exemption applicability determinations set forth in 

Sectjons 220 tbroulW 223: L---1 

Typolrapbical ErrQrs. Chan&es to correct typographical errors; or 

.UJ.. Name Chanee. A change in the name of the holder of a permit to construct when no other review 

or analysis is required. L---1 

tons per year or more exempt under Subsection 205.04 

New major facility or major modification not exempt under Subsection 205.04. 

permit modifications where no enqineering analysis is required 

ll6,. PAYMENT OF FEES FOR PERMITS TO CONSTRUCT. 

!t.L Fee Submittal. The permit to construct application fee shall be submitted with the application. The 

permit to construct processin& fee shall be payable !!pon receipt of an aSsessment sent to the person receivin& a permit 

by the Department. The permit to construct application and processin& fees shall be sent to: 

Air Quality Permit to Construct Fees 


Fiscal Qffice. 


Idaho Department ofEnvironmental Quality 


1410 N. Hilton, Boise. ID 83706-1255 


JlZ. Delipquency. No application for a peonit to construct shall be processed by the De.partment unless 

accompanied by a permit to construct awlication fee. No permit to construct shall be issued by the Department until 

the Department has received the permit to construct processing fee. L-l 

-


IDAHO ADMINISTRATIVE BULLETIN Page 191 September 5, 2001- VoL 01-9 
- DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0104 

Rules for the Control ofAir Pollution in Idaho Proposed Rulemaklng 

m RECEIPT AND USAGE OF FEES. 

Pennit to construct application and processinL: fee receipts shall be deposited by the Department into a stationary 

source pennit account. Monies from this account shall be used toward technical. leL:al and administrative SYPJ)ort of 

the Department's air Q,Uality stationary source permit prolUam except for those activities supported by the fund 

created for implementing the QPerating permit programreQ,Uired under Title Y of the federal Clean Air Act 

amendments of 1990. The permit to construct application fee payable under Section 227 shall be retained by the 

Department regardless ofwbether a permit to construct is issued by the Department in res.pQnse to an application. The 

Department will review the fee schedule at least every two (2) years. L-.J 

m. APPEALS. 

A Person may be able to file an appeal within thirty (30) days of the date the person receives an assessment from the 

Department under Section 225. in accordance with IDAPA 58.01.23, "Rules ofAdministrative Procedure Before the 

Board of Environmental Quality". L-.J 

2242. -- 299. (RESERVED). 

300. PROCEDURES AND REQUIREMENTS FOR TIER I OPERATING PERMITS. 


The purposes of Sections 300 through 38622 are to establish requirements and procedures for the issuance of Tier I 


operating permits. ~ 

(BREAK IN CONTINUITY OF SECTIONS) 

322. STANDARD CONTENTS OF TIER I OPERATING PERMITS. 

All Tier I operating permits shall contain and the Department shall have the authority to impose, implement and 

- enforce, the following elements for all permitted operating scenarios and emissions trading scenarios. Fugitive 

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

01. Emission Limitations And Standards. All Tier I operating permits shall contain emission 

limitations and standards, including, but not limited to, those operational requirements and limitations that assure 

compliance with the applicable requirements identified in the application, or determined by the Department to be 

applicable to the source. (3-19-99) 

02. Authority For And Form Of Terms And Conditions. All Tier I operating permits shall specify 

and reference the origin of and authority for each term or condition, and identify any difference in form as compared 

to the applicable requirement upon which the term or condition is based. (5-1-94) 

03. Terms Or Conditions For Applicable Requirements. All Tier I operating permits shall contain at 

least one (1) permit term or condition for every applicable requirement specifically identified in the application or 

determined by the Department to be applicable to the source. (3-23-98) 

04. Alternative Operating Scenarios. All Tier I operating permits shall contain terms and conditions 

to ensure compliance with all applicable requirements for each alternative operating scenario that was requested by 

the applicant and approved by the Department, including, but not limited to, a requirement that the owner or operator 

of the source, contemporaneously with making a change from one (l) operating scenario to another, record the 

change in an operating scenario log located and retained at the permitted facility. (5-1-94) 

05. Trading Scenarios. (5-1-94) 

a. All Tier I operating permits shall contain terms and conditions for each trading scenario that was 

requested by the appHcant and approved by the Department including, but not limited to, terms and conditions which 

ensure that any emission trade is quantifiable, accountable, enforceable and based on replicable procedures. . (3-23-98) 

b. The Tier I operating permit shall state that no permit revision shall be required under approved 

IDAHO ADMINISTRATIVE BULLETIN Page 192 September 5, 2001 - Vol. 01-9 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0104 
 -


Rules for the Control ofAirPollution in Idaho Proposed Rulemaklng 


economic incentives, marketable permits, emissions trading, and other similar programs or processes for changes that 

are provided for in the permit. (4-5-00) 

c. The Tier I operating permit shall, at a minimum, include a requirement that the owner or operator of 

the source, contemporaneously with making a change from one (I) trading scenario to another, record the change in a 

trading scenario log located and retained at the permitted faciJity and provide notice to the Department in accordance 

with Section 383. (3-23-98) 

06. 	 Monitoring. All Tier I operating permits shan contain the following with respect to monitoring: 

(5-1-94) 

a. Sufficient monitoring to ensure compliance with a11 of the terms and conditions of the· Tier I 

operating permit; (5-1-94) 

b. All emissions monitoring and analysis procedures or test methods required under the applicable 

requirements; (5-1-94) 

c. If the applicable requirement does not require specific periodic testing or monitoring, terms and 

conditions requiring periodic monitoring, recordkeeping, or both, that is sufficient to yield reliable data for the 

relevant time periods that are representative of the emissions unit's compliance with the Tier I operating permit, as 

reported pursuant to Subsection 322.08, and ensuring the use of terms, test methods, units, averaging periods, and 

other statistical conventions consistent with the applicable requirement; and (5-1-94) 

d. Requirements that the Department determines are necessary, concerning the use, maintenance and 

installation ofmonitoring equipment or methods. (5-1-94) 

07. Recordkeeping. All Tier I operating permits shan incorporate by reference alI applicable 

requirements regarding recordkeeping and require all ofthe following: (5-1-94) ­ a. Sufficient recordkeeping to assure compliance with all of the terms and conditions of the Tier I 

operating permit. (5-1-94) 

b. Recording of monitoring information including but not limited to the following: 	 (5-1-94) 

i. 	 The date, place (as defmed in the Tier I operating permit) and time of sampling or measurements; 

(5-1-94) 

ii. The date(s) analyses were performed; 	 (5-1-94) 

iii. The company or entity that performed the analyses; 	 (5-1-94) 

iv. The analytical techniques or methods used; 	 (5-1-94) 

v. The results of such analyses; and 	 (5-1-94) 

vi. The operating conditions existing at the time of sampling or measurement. 	 (5-1-94) 

c. Retention of all monitoring records and support information for a period of at least five (5) years 

from the date of the monitoring sample, measurement, report or application. Supporting information includes but is 

not limited to all calibration and maintenance records and all original strip-chart recordings for continuous 

monitoring instrumentation and copies of all reports required by the Tier I operating permit. (5-1-94) 

08. Reporting. All Tier I operating permits shall incorporate by reference all applicable requirements 

regarding reporting and require all of the following: (5-1-94) 

a. Sufficient reporting to assure compliance with all ofthe terms and conditions ofthe Tier I operating 

permit. (5-1-94) 

IDAHO ADMINISTRATIVE BULLETIN Page 193 	 September S, 2001- Vol. 01-9 
,­ DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0104 

Rules for the Control ofAirPollution in Idaho Proposed Rulemaking 

b. Prompt reporting of deviations from permit requirements including, but not limited to, those 

attributable to excess emissions. If the deviation is an excess emission, the report shan be submitted in accordance 

with the requirements of Sections 130 through 136. For all other deviations, the report shall be submitted in 

accordance with Subsection 322.08.c. unless the permit specifies another time frame. The reports shall describe the 

probable cause of such deviations and any corrective actions or preventative measures taken. (3-23-98) 

c. Submittal of reports for any required monitoring at least every six (6) months. All instances of 

deviations from Tier I operating permit requirements, which include monitoring, recordkeeping, and reporting, must 

be clearly identified in such reports. All required reports must be certified in accordance with Section 123. (4-5-00) 

09. Testing. All Tier I operating permits shall contain terms and conditions requiring sufficient testing 

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

to. Compliance Scbedule and Progress Reports. All Tier I operating permits shall contain terms and 

conditions regarding the compliance plan submitted in the application in accordance with Subsection 314.10 

including aU of the following: (4-5-00) 

a. For each applicable requirement for which the source is not in compliance at the time of the permit 

issuance, terms and conditions consistent with the compliance schedule submitted by the applicant including all of 

the following: (4-5-00) 

i. A schedule of remedial measures leading to compliance including an enforceable sequence of 

actions and specific dates for achieving the milestones and achieving compliance. (4-5-00) 

ii. A requirement that the permittee submit periodic progress reports to the Department no less 

frequently than every six (6) months or at a more frequent period if one is specified in the underlying applicable 

requirement or by the Department. (5-1-94) 

III. A requirement that any progress report shall include a statement of when the milestones and 

compliance were or will be achieved, an explanation of why any dates in the compliance schedule submitted by the 

applicant or in the terms or conditions of the Tier I operating permit were not or will not be met and a detailed 

description of any preventative or corrective measures undertaken by the permittee. (5-1-94) 

iv. All terms and conditions of any applicable consent order, judicial order, judicial consent decree, 

administrative order, settlement agreement or judgment. (5-1-94) 

v. A statement that the terms and conditions regarding the compliance schedule are supplemental to, 

and do not sanction noncompliance with, the underlying applicable requirement. (5-1-94) 

b. For each applicable requirement that will become effective during the term of the Tier I operating 

permit and that requires a detailed compliance schedule, the permit shall include such compliance schedule. (4-5-00) 

c. For each applicable requirement that will become effective during the term of the Tier I operating 

permit that does not require a detailed compliance schedule, the permit shall include a statement that the permittee 

shall meet, on a timely basis, all such applicable requirements. (4-5-00) 

11. Periodic Compliance Certifications. Each Tier I operating permit shall require submittal of 

compliance certifications during the term of the permit for each emissions unit to the Department and the EPA as 

follows: (5-1-94) 

a. Compliance certifications for all emissions units shall be submitted no less frequently than 

annually, or more frequently ifspecified by the underlying applicable requirement or by the Department. (5-1-94) 

b. The compliance certification for each emissions unit shall address all of the terms and conditions 

contained in the Tier I operating permit that are applicable to such emissions unit including emissions limitations, 

standards and work practices. (5-1-94) 

IDAHO ADMINISTRATIVE BULLETIN Page 194 September S, 2001 - 'Vol. 01-9 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0104 


Rules for the Control ofAir Pollution in Idaho Proposed Rulemaking 


c. The compliance certification shall be in an itemized format providing the following information: 

(5-1-94) 

i. The identification of each term or condition of the Tier I operating permit that is the basis of the 

certification; (4-5-00) 

ii. The identification of the methodes) or other means used by the owner or operator for determining 

the compliance status with each term and condition during the certification period, and whether such methods or other 

means provide continuous or intemrittent data. Such methods and other means shall include, at a minimum, the 

methods and means required by the Tier I operating permit. If necessary, the owner or operator shall identify any 

other material information that must be included in the certification to comply with Section 113(c )(2) of the Clean Air 

Act which prohibits knowingly making a false certification or omitting material information; (4-5-00) 

Ill. The status of compliance with the terms and conditions of the Tier I operating permit for the period 

covered by certification, based on the method or means designated in Subsection 322.11.c.ii. above. The certification 

shall identify each deviation and take it into account in the compliance certification. The certification shall also 

identify as possible exceptions to compliance any periods during which compliance is required and in which an 

excursion or exceedance as defined under 40 CFR Part 64 occurred; and (4-5-00) 

lV. Such information as the Department may require to determine the compliance status of the 

emissions unit. (4-5-00) 

d. All original compliance certifications shall be submitted to the Department and a copy of all 

compliance certifications shall be submitted to the EPA; (5-1-94) 

12. Permit Conditions Regarding Acid Rain Allowances. 	 (5-1-94) 

a. 	 A permit condition prohibiting emissions exceeding any allowances that the source lawfully holds. 

(5-1-94) 

b. No limit shall be placed on the number of allowances held by the source and no permit revisions 

shall be required for increases in emissions that are authorized by allowances acquired pursuant to the acid rain 

program, provided that such increases do not require a permit revision under any other applicable requirement. 

(3-23-98) 

c. The source may not, however, use allowances as a defense to noncompliance with any other 

applicable requirement. (5-1-94) 

d. Any such allowance shall be accounted for according to the procedures established in 40 CFR Part 

72 and 40 CFR Part 73. (5-1-94) 

13. Permit Duration. Each Tier I operating permit shall state that it is effective for a fixed term of five 

(5) years; except that during the first four (4) years after EPA approval of the Tier I operating permit program, the 

permit may be issued with an initial term of three (3) years to five (5) years unless the Tier I source is also a Phase II 

source. (5-1-94) 

14. Other Specific Requirements. Any terms or conditions determined by the Department to be 

necessary for approval of the Tier I operating permit. (5-1-94) 

15. General Requirements. Each Tier I operating permit shall contain provisions stating the 

following: (5-1-94) 

a. The permittee shall comply with all conditions of this permit. Any permit noncompliance 

constitutes a violation and is grounds for enforcement action; for permit revocation, termination, revocation and 

reissuance, or revision; or for denial of a permit renewal application. (5-1-94) 

-


IDAHO ADMINISTRATIVE BULLETIN Page 195 	 September 5, 2001- Vol. 01-9 
- DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58·0101·0104 

Rules for the Control of Air Pol/ution In Idaho Proposed Rulemaking 

b. It shan not be a defense in an enforcement action that it would have been necessary to halt or reduce 

any activity in order to maintain compliance with the terms and conditions of this permit. (5-1-94) 

c. This permit may be revised, revoked, reopened and reissued, or terminated for cause. (5-1-94) 

d. The filing of a request by the permittee for a permit revision, revocation and reissuance, or 

termination, or ofa notification ofplanned changes or anticipated noncompliance does not stay any permit condition. 

(5-1-94) 

e. This permit does not convey any property rights of any sort, or any exclusive privilege. (5-1-94) 

f. The permittee shall furnish all information requested by the Department, within a reasonable time, 

that the Department may request in writing to determine whether cause exists for modifying, revoking and reissuing 

or terminating the permit or to determine compliance with the permit. (4-5-00) 

g. Upon request, the permittee shall furnish to the Department copies ofrecords required to be kept by 

this permit. (5-1-94) 

h. The provisions of this permit are severable, and if any provision of this permit to any circumstance 

is held invalid, the application of such provision to other circumstances, and the remainder of this permit shall not be 

affected thereby. (5-1-94) 

i. The permittee shall comply with Sections 380 through 386 as applicable. (3-19-99) 

j. Unless specifically identified as a "State Only" provision, all terms and conditions in the this 

permit, including any terms and conditions designed to limit a source's potential to emit, are enforceable: (5-1-94) 

i. By the Department in accordance with State law; and (5-1-94) 

ii. By the United States or any other person in accordance with Federal law. (5-1-94) 

k. Provisions specifically identified as a "State Only" provision are enforceable only in accordance 

with State law. "State Only" provisions are those that are not required under the Federal Clean Air Act or under any of 

its applicable requirements or those provisions adopted by the State prior to federal approval. (3-23-98) 

I. Upon presentation of credentials, the permittee shall allow the Department or an authorized 

representative of the Department to do the following: (5-1-94) 

i. Enter upon the permittee's premises where a Tier I source is located or emissions-related activity is 

conducted, or where records are kept under the conditions of this permit; (5-1-94) 

ii. Have access to and copy, at reasonable times, any records that are kept under the conditions of this 

permit; (5-1-94) 

lll. Inspect at reasonable times any facilities, equipment (including monitoring and air pollution control 

equipment), practices, or operations regulated or required under this permit; and (5-1-94) 

iv. Sample or monitor at reasonable times substances or parameters for the purpose of determining or 

ensuring compliance with this permit or applicable requirements. (5-1-94) 

m. Nothing in this permit shall alter or affect the following: (5-1-94) 

i. Any administrative authority or judicial remedy available to prevent or terminate emergencies or 

imminent and substantial dangers; (5-1-94) 

ii. The liability of an owner or operator of a source for any violation of applicable requirements prior 

to or at the time ofpermit issuance; (5-1-94)

- IDAHO ADMINISTRATIVE BULLETIN Page 196 September 5,2001- Vol. 01-9 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58·0101-0104 


Rules for the Control ofAir Pollution in Idaho Proposed Rulemaklng 


iii. 	 The applicable requirements of the acid rain program, consistent with 42 U.S.C. Section 7651 g(a); 

(5-1-94) 

iv. The owner or operator's duty to provide information. 	 (5-1-94) 

n. The owner or operator of a Tier I source shall pay registration fees to the Department in accordance 

with Sections m ill through m which are hereby incorporated by reference. ~ 

o. All documents submitted to the Department shall be certified in accordance with Section 123 and 

comply with Section 124. (5-1-94) 

p. If a timely and complete application for a Tier I operating permit renewal is submitted, but the 

Department fails to issue or deny the renewal permit before the end of the term of the previous permit, then all the 

terms and conditions of the previous permit including any permit shield that may have been granted pursuant to 

Section 325 shall remain in effect until the renewal permit has been issued or denied. (5-1-94) 

q. The permittee shall promptly report deviations from permit requirements including, but not limited 

to, those attributable to excess emissions. If the deviation is an excess emission, the report shall be submitted in 

accordance with the requirements of Sections 130 through 136. For all other deviations, the report sha1l be submitted 

in accordance with Subsection 322.08.c. unless the permit specifies another time frame. The reports shall describe the 

probable cause of such deviations and any corrective actions or preventative measures taken. (3-23-98) 

(BREAK IN CONTINUITY OF SECTIONS) 

380. CHANGES TO TIER I OPERATING PERMITS. - 01. Applicability. Sections 380 through 386.2.2. establish procedures and requirements for permit 

revisions and changes requiring notice. These provisions do not alter the requirements for permits to construct set 

forth at Sections 200 through 22~.8.. ~ 

02. Changes Requiring Permit Revisions. Sections 381 through 383 establish procedures and 

requirements for Tier I operating permit revisions. A permit revision is required for changes that are not addressed or 

prohibited by the Tier I operating permit if such changes are subject to any requirements under Title IV of the Clean 

Air Act or are modifications under any provision of Title I of the Clean Air Act. (4-5-00) 

03. Changes Requiring Notice. Sections 384 and 385 establish procedures and requirements for 

providing notice by the permittee to the Department and EPA of certain emission trades and changes that contravene 

a permit term (Section 384), or certain changes that are not addressed or prohibited by the permit (Section 385). 

(3-19-99) 

04. Reopening. Section 386 establishes procedures for reopening the permit for cause by the 

Department, EPA, or the permittee. (3-19-99) 

OS. Acid Rain. Changes regulated under Title IV of the Clean Air Act, 42 U.S.C. Sections 7651 

through 76510, shall be governed by regulations promulgated under Title IV of the Act. (3-19-99) 

(BREAK IN CONTINUITY OF SECTIONS) 

38jl. 399. (RIl8EllVEBj. 

-


IDAHO ADMINISTRATIVE BULLETIN Page 197 	 September 5, 2001- Vol. 01-9 

.~\ i",,~ f'; r; t) 

J V _, \oJ' 'v 
- DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0104 

Rules for the Control ofAirPollution in Idaho Proposed Rulemakfng 

~m. REGISTRATION AND REGISTRATION FEES. 


The purpose of Sections §-1!:.§. ill through -B8 m is to establish criteria for the registration of emissions and the 


payment of fees for Tier I permits. The fee structure is to provide flexibility and financial stability to the Department 


program. ~ 

~JD. APPLICABILITY. 


In any given year, Sections .£5 ill through -B8 m shall apply to all major facilities, as defined in Section 008. 


Facilities, sources and emissions exempt under Section 301 are not required to register or pay fees. ~ 

~. REGISTRATION. 


Any person owning or operating a facility or source for which Sections.£5 ill through -B8 m applies shall, by 


May I, 1993 and each May 1 thereafter register with the Department and submit the following: ~ 

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

02. Owner/Operator Information. The name, address and telephone numbers of the owners and 

operators; (5-1-94) 

03. Facility Emission Units. The number and type of emission units present at the facility or the Tier I 

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

04. Pollutant Registration. The emissions from the previous calendar year, or other twelve (12) month 

period requested by the registrant and approved by the Department for oxides of sulfur (SOx), oxides of nitrogen 

(NOx), particulate matter and volatile organic compounds (VOC) based on one (1) or more of the following methods 

chosen by the registrant: (3-19-99) 

a. Actual annual emissions; 	 (3-19-99) 

b. An estimate of the actual annual emissions calculated using the unit's actual operating hours, 

production rates, in-place control equipment, and types of materials processed, stored, or combusted during the 

preceding calendar year; (3-19-99) 

c. Allowable emissions based on permit limitations. 	 (3-19-99) 

05. Radionuclide Registration. The amount of radionuclides from facilities regulated under 40 CFR 

Part 61, Subpart H, for which the registrant wishes to be registered to emit from each source in curies per year except 

that no amount in excess ofor less than an existing permit, consent order, or judicial order will be allowed. (5-1-94) 

06. Regulated Air Pollutant Registration Fee. The registration fee set out in Subsection £.7.ill.06 

shall be reviewed at least every two (2) years to assure the funds meet the presumptive minimum as defined by EPA. 

The annual registration fee set forth in Subsection £.7.ill.06.a. may be paid in two (2) installments as provided in 

Subsection ~.l23..01. Fees for permit modifications or permit renewals in Subsection £.7..l82.06.b. shall be 

submitted with the application. ~ 

a. The Tier I annual fee schedule shall be as follows: 	 (3-30-01) 

i. A fixed annual fee for Tier I major sources with regulated air pollutants listed in Subsection 

£7.l8..2.04 emissions as follows: ~ 

(1) 	 Seven thousand (7,000) tons per year and above shall pay fifty thousand dollars ($50,000); 

(3-30-01) 

(2) Four thousand five hundred (4,500) tons per year and above shall pay thirty thousand dollars 

($30,000); (3-30-01) 

(3) Three thousand (3,000) tons per year and above shall pay twenty thousand dollars ($20,000); 

(3-30-01) . 

- IDAHO ADMINISTRATIVE BULLETIN Page 198 	 September 5, 200J - Vol. 01-9 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0104 - Rules for the Control ofAir Pollution in Idaho Proposed Rulemaking 

(4) One thousand (1,000) tons per year and above shall pay fifteen thousand dollars ($15,000); 

(3-30-01) 

(5) Five hundred (500) tons per year and above shall pay seven thousand five hundred dollars ($7,500); 

(3-30-01) 

(6) Two hundred (200) tons per year and above shall pay five thousand dollars ($5,000); and (3-30-01) 

(7) Less than two hundred (200) tons per year shall pay two thousand five hundred dollars ($2,500); 

plus (3-30-01) 

H. A per ton annual fee ofthirty dollars ($30) per ton for all regulated air pollutant emissions for Tier I 

major sources listed in Subsection .§:il7Z.3..82.04 as follows: ~ 

(1) Greater than or equal to four thousand five hundred (4,500) tons per year not to exceed one hundred 

thousand dollars ($100,000); (3-30-01) 

(2) Greater than or equal to three thousand (3,000) but less than four thousand five hundred (4,500) 

tons per year not to exceed fifty thousand dollars ($50,000); (3-30-0 I) 

(3) Greater than or equal to one thousand (l ,000) but less than three thousand (3,000) tons per year not 

to exceed twenty five thousand dollars ($25,000); (3-30-01) 

(4) Greater than or equal to five hundred (500) but less than one thousand (1,000) tons per year not to 

exceed seventeen thousand five hundred dollars ($17,500); (3-30-01) 

(5) Greater than or equal to two hundred (200) but less than five hundred (500) tons per year not to 

exceed seven thousand five hundred dollars ($7,500); and (3-30-01) 

(6) Less than two hundred (200) tons per year not to exceed two thousand five hundred dollars 

($2,500). (3-30-01 ) 

b. Sources requesting Section 300 permit modifications or renewals shall pay an additional fee. Fees 

shall be: (3-30-01) 

i. Permit renewal fee, ten thousand dollars ($10,000); (3-30-01) 

ii. Fees for minor permit modifications as provided in Section 383 shall be one thousand dollars 

($1,000); and (3-30-01) 

iii. Fees for significant permit modifications as provided in Section 382 shall be five thousand dollars 

($5,000). (3-30-01) 

c. In the event the monies collected pursuant to Subsection ~.3..82.06 fail to meet the presumptive 

minimum established by 40 CFR Part 70, any shortfall shall be expended from the Idaho air quality pennitting fund 

as necessary in accordance with Section 39-118D(2), Idaho Code. ~ 

07. Radionuclide Registration Fee. A registration fee offive dollars per curie per year ($5/curie/year) 

for facilities regulated under 40 CFR Part 61, Subpart H. The registration fee may be paid in two (2) installments as 

provided in Subsection -B.?-J.2.l.0L ~ 

.§.J8J2!l. REQUEST FOR INFORMATION. 


Any additional information, plans, specifications, evidence or documents that the Department may require to make 


the determinations required under Sections §.Millthrough -:H8 .l22 shall be furnished on request. ~ 

i· " 

-


IDAHO ADMINISTRATIVE BULLETIN Page 199 September 5, 2001 - Vol. 01-9 
-


..­

.­

DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0104 


Rules for the Control ofAir Pollution in Idaho Proposed Rulemaking 


~121. REGISTRATION FEE. 


All facilities to which this Section -HO ill applies shall pay to the Department an annual registration fee as required . 


by Subsections :§.HZl82.06 and :§.HZl82.07. The Department shall determine the fee based on the information supplied 


by the registrant and the Department's analysis and engineering and technical practice. In the event of a failure of a 


facility to submit pertinent registration information, the Department may calculate the fee and shall assess the facility 


the fee and the costs of calculating the fee. The Department may employ private contractors to determine the 


registration fee. ~ 

~ill. REGISTRATION BY THE DEPARTMENT. 


Upon receiving registration materials from a facility, the Department shall: (5-1-94) 


01. Completeness Review. Review the material for accuracy and thoroughness; 	 (5-1-94) 

02. 	 Additional Information. Require the facility to submit additional information, if needed; and 

(5-1-94) 

03. Fee Assessment. Send to the registrant, by certified mail, an assessment of the fee and a receipt 

showing the amount ofpayment received by the Department. (5-1-94) 

~m. PAYMENT DUE. 


The registration fee shall be paid to and received by the Department: (5-1-94) 


01. Annual Registration Payments. Payment by May 1 of each year of at least fifty percent (50%) of 

the annual registration fee for the following twelve (12) months, the balance of the fee to be paid by August 1. 

(5-1-94) 

02. Amendments In Registrations Fees. Payment within forty-five (45) days of assessment or 

notification by the Department. (5-1-94) 

~l2.!. EFFECT OF DELINQUENCY ON APPLICATIONS. 


No permit to construct or operate, other than those issued at the discretion of the Director, shall be accepted for 


processing. processed. Of issued by the Department for any facility or to any person having fees delinquent in full or 


in part. (5-1-94) 


.§:Ul2S.. APPEALS. 


Persons may file an appeal within thirty (30) days of the date the person received the assessment and receipt issued 


under Subsection ~m.03, or within thirty (30) days of the date the person received an assessment issued under 


Sections -HO ill or .§-3-§ l2.2, The appeal shall be filed in accordance with the JtltthB Deptil'ffllettt fJ/,t{ul;lth and 


Weifa,-e Rttles, IDAPA 16.95.(B, "Rules GtJ'I>'fflring CtJnteste<i Cme P1'8eeetiings and DeelaMt(;"" Rttlings" 58.01.23. 


"Rules ofAdrninistratiye Procedure Before the Board ofEnYITomuental Quality". ~ 

~l2.6. AMENDING REGISTRATION. 


Registrations may be subject to amendment and additional or reduced fees: (5-1-94) 


01. Department Or Owner Or Operator. By the Department, or at the request of the owner Of 

operator, should the Department determine that the emissions and fees do not accurately reflect the operation of the 

facility; or (5-1-94) 

02. Board or Environmental Quality. By Action ofthe Board ofEnvironmental Quality. 	 (5-1-94) 

~m. CHECKS SHOULD BE MADE OUT TO "DEPARTMENT OF ENVmONMENTAL QUALITY-AQ 


REGISTRATION FEE". 


All registration and fee materials should be sent to: 


Air Quality Registration Fees 

Idaho Department ofEnvironmental Quality 

1410 N. Hilton, Boise, Idaho 83706-1255 (5-1-94) 

IDAHO ADMINISTRATIVE BULLETIN Page 200 	 September 5, 2001 - VoL 01-9 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0104 - Rules for the Control ofAir Pollution in Idaho Proposed Rulemaking 

~. EXEMPTIONS. 

01. Registration Fees. The following facilities or sources are exempt from paying registration fees 


under Sections ill through .§.38l22.: ~ 

a. Facilities and sources specified by the Department, after public notice, as exempt from the payment 


ofregistration fees; and (5-1-94) 


b. Country grain elevators. (5-1-94) 

02. Registering And Paying Fees. The following facilities or sources are exempt from registering and 


paying registration fees under Sections illthrough .§.38l22: ~ 

a. Facilities and sources specified by the Department, after public notice, as exempt from registration 


and the payment of registration fees; (3-19-99) 


b. Confined animal feeding operations; and (3-19-99) 

c. Insignificant activities identified in Subsection 317.01. (3-19-99) 

03. Paying Fees. The following emissions are exempt from registering and paying registration fees 


under Section~ illthrough .§.38l22.: ~ 

a. Fugitive emissions from wood products. (3-7-95)L 

b. Fugitive dust emissions, except facilities listed in Subsections 008.l0.c.i. and 008.l0.c.ii. Facilities 

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

(4-5-00) 


tons. - ~l22. LUMP SUM PAYMENTS OF REGISTRATION FEES. 


01. Agreement. The Department may, in its discretion, enter an agreement with any person for the 


lump sum payment of all, or any portion of, the registration fees required by Section m. ~ 

02. Minimum Amount. The minimum amount for any lump sum agreement shall be three hundred 


thousand dollars ($300,000). (5-1-94) 


03. Payment Waiver. Upon the execution and full performance of the agreement by the person, the 


Department shall waive the payment requirements of Section §N. m. All other provisions of Section m shall 


remain applicable to the person. ~ 

400. PROCEDURES AND REQUIREMENTS FOR TIER II OPERATING PERMITS. 


The purpose of Sections 400 through 496.l.Q is to establish uniform procedures for the issuance of "Tier II Operating 


Permits". ~ 

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 emit so as to not be subject to) 


Sections 300 through 38622 may apply to the Department for an operating permit to: ~ 

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

b. Authorize the use of an emission offset pursuant to Sections 204 or 206; (5-1-94) 

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

-. 

IDAHO ADMINISTRATIVE BULLETIN Page 201 September S, 2001- VoL 01-9 
- DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0104 

Rules for the Control ofAir Pollution in Idaho Proposed Rulemaking 

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. Required 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 3862.2 with a permit to construct which establishes any 

emission standard different from those in these rules. ~ 

03. Tier II Operating Permits Required By Tbe 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 of significant deterioration (PSD) increment; or (4-5-00) 

b. Specific emission standards, or requirements on operation or maintenance are necessary to ensure 

compliance with any applicable emission standard or rule. (5-1-94) 

04. Multiple Tier II Operating Permits. Subject to approval by EPA, the Director may issue one (1) 

or more Tier II operating 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) 

402. APPLICATION PROCEDURES. 

Application for a Tier II operating permit must be made using forms furnished by the Department, or by other means 

prescribed by the Department. The application shall be certified by the responsible official and shall be accompanied 

by all information necessary to perform any analysis or make any determination required under Sections 400 through 

406l.Q. ~ 

01. Required Information. Site information, plans, description, specifications, and drawings showing 

the design of the stationary source, facility, or modification, the nature and amount ofemissions (including secondary 

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

02. Additional Specific Information. (5-1-94) 

a. For emission reduction credits, a description of the emission reduction credits proposed for use, 

including descriptions of the stationary sources or facilities providing the reductions, a description of the system of 

continuous emission control which provides the emission reduction credits, emission estimates, and other information 

necessary to determine that the emission reductions satisfy the requirements for emission reduction credits (Section 

460); and (4-5-00) 

b. For alternative emission limits (bubbles) or emission offsets, information on the air quality impacts 

of the traded emissions as necessary to determine the change in ambient air quality that would occur. (5-1-94) 

c. For restrictions on potential to emit, a description of the proposed potential to emit limitations 

including the proposed monitoring and recordkeeping requirements that will be used to verify compliance with the 

limitations. (4-5-00) 

03. 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 (Guideline 

on Air Quality Models). (4-5-00) 

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

model may be modified or another model substituted, subject to written approval of the Administrator of the U.S. 

Environmental Protection Agency and public comment pursuant to Subsection 404.0l.c. (4-5-00) 

IDAHO ADMINISTRATIVE BULLETIN Page 101 September 5, 2001- Vol. 01-9 

. '... ("\ .- 8 . 1 ••. 1._..- ••i ••.",J' ,_: '\.... . 
-
 DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0104 


Rules for the Control ofAir Pollution In Idaho Proposed Rulemaking 


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

Evaluating Air Quality Models (revised)" (1984) should be used to determine the comparability ofair quality models. 

(5-1-94) 

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

that the Department may require to make the determinations required under Sections 400 through 406.lQ shall be 

furnished upon request. f§-J--94)L-J. 

(BREAK IN CONnNUITY OF SECTIONS) 

404. PROCEDURE FOR ISSUING PERMITS. 

01. General Procedures. General procedures for Tier II operating permits. 	 (5-1-94) 

a. Within thirty (30) days after receipt ofthe application for a Tier II operating permit, the Department 

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

the applicant of its findings in writing. (5-1-94) 

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

(5-1-94) 

i. Notify the applicant in writing of the approval, conditional approval, or denial of the application if 

an opportunity for public comment is not required pursuant to Subsection 404.0I.c. The Department shall set forth 

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

ii. Issue a proposed approval, proposed conditional approval, or proposed denial. 	 (5-1-94) 

c. An opportunity for public comment shall be provided on an application for any Tier II operating 

permit pursuant to Subsection 401.01, any application which uses fluid modeling or a field study to establish a good 

engineering practice stack height pursuant to Sections 510 through 516 and any other application which the Director 

determines an opportunity for public comment should be provided. (5-1-94) 

i. The Department's proposed action, together with the information submitted by the applicant and 

the Department's analysis of the information, shaH be made available to the public in at least one (I) location in the 

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

ii. The availability of such materials shall be made known by notice published in a newspaper of 

general circulation in the county(ies) in 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, unless the Director deems that additional 

time is required to evaluate comments and information received, the Department shan notify the applicant in writing 

of approval, conditional approval, or denial ofthe permit. The Department shall set forth the reasons for any denial. 

(5-1-94) 

vi. All comments and additional information received during the comment period, together with the 

Department's final determination, shall be made available to the public at the same location as the preliminary 

- IDAHO ADMINISTRATIVE BULLETIN Page 203 	 September 5, 2001 - VoL 01-9 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58·0101·0104 


Rules for the Control ofAir Pollution in Idaho Proposed Rulemaking 


determination. 	 (5-1-94) 

d. 	 A copy ofeach proposed and final pennit will be sent to the U.S. Environmental Protection Agency. 

(4-5-00) 

02. Specific Procedures. Procedures for Tier II operating permits required by the Department under 

Subsection 401.03. (5-1-94) 

a. The Director shall send a notification to the proposed permittee by registered mail of his intention 

to issue a Tier II operating permit for the facility concerned. The notification shall contain a copy of the proposed 

permit in draft form stating the proposed emission standards and any required action, with corresponding dates, 

which must be taken by the proposed permittee in order to achieve or maintain compliance with the proposed Tier II 

operating permit. (5-1-94) 

b. The Department's proposed Tier II operating permit shall be made available to the public in at least 

one (I) location in the region in which the facility is located. The availability of such materials shall be made known 

by notice published in a newspaper ofgeneral circulation in the county(ies) in which the facility is located. A copy of 

such notice shall be sent to the applicant. There shall be a thirty (30) day period after publication for comment on the 

Department's proposed Tier II operating permit. Such comment shall be made in writing to the Department. (5-1-94) 

c. A public hearing will be scheduled to consider the standards and limitations contained in the 

proposed Tier II operating permit if the proposed permittee files a request therefor with the Department within ten 

(10) days of receipt ofthe notification, or if the Director determines that there is good cause to hold a hearing. 

(5-1-94) 

d. After consideration of comments and any additional information submitted during the comment 

period or at any public hearing, the Director shall render a final decision upon the proposed Tier II operating permit 

- within thirty (30) days' of the close ofthe comment period or hearing. At this time the Director may adopt the entire 

Tier II operating permit as originally proposed or any part or modification thereof. 	 (5-1-94) 

e. All comments and additional information received during the comment period, together with the 

Department's fmal permit, shall be made available to the public at the same location as the proposed Tier II operating 

permit. (5-1-94) 

03. Availability Of Fluid Models And Field Studies. The Department will notify the public of the 

availability of any 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. Permit Revision Or Renewal. The Director may approve a revision of any Tier II operating permit 

or renewal of any Tier II operating permit provided the stationary source or facility continues to meet all applicable 

requirements of Sections 400 through .w6.lQ. Revised permits will be issued pursuant to procedures for issuing 

permits (Section 404), except that the requirements of Subsection 404.01.c. shall only apply if the permit revision 

results in an increase in allowable emissions or if deemed appropriate by the Director. Renewed Tier II operating 

permits will be issued pursuant to procedures for issuing permits (Section 404),except that the requirements of 

Subsections 404.01.c., and 404.02.b. through 404.02.e. shall only apply ifthe permit revision results in an increase in 

allowable emissions or if deemed appropriate by the Director. The expiration of a permit will not affect the operation 

of a stationary source or a facility during the administrative procedure period associated with the permit renewal 

process. ~ 

(BREAK IN CONTINUITY OF SECTIONS) 

~ TIER II OPERATING PERMIT PROCESSING FEE. 

JlL. TIer U QperatiPIl Peonit ProcessiPIl Fee. A Tier II QPerating Penni! processing fee. calculated by 

IDAHO ADMINISTRATIVE BULLETIN Page 204 	 September S, 2001 - Vol. 01-9 
-
 DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0104 


Rules for the Control ofAir Pollution in Idaho Proposed Rulemaking 


the Department pursuant to the categories provided in the following table. shaH be paid to the Department by the 

person receiving a Tier II permit or permit renewal. 

General permit. no facility specific requirements 

Statjonary sources or facilities with permitted emissions of less than one (1l ton per year 

Stationary sources or facilities with Dermjtted emissions of one (1) to less than ten (10) 

tons per year 

Stationary sources or facilities with permitted emissions of ten (10) to less than 

one hundred (100) tons per year 

Stationary sources or facilities with permitted emissions of one hundred (100) tons 

or more Der year 

$10.000 

Synthetic minor stationary sources with permitted emissions below a major threshold leyel $10,000 

.Dl.. Tier II Operatine Permit Processine Fee Not Required. So long as no other review or analysis is 

req,uired, the TIer II QJlerating permit processing fee is not required to be submitted when: L-1 

.ib Permit to construct is rolled into a Tier II permit: 

A change to correct typographical errors is reQuested: -,

.!<... A change in the name ofthe holder of a Tier II openiting permit is reQllested: Qr 

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

fees collected from the person receiving the pennit under Title V of the federal Clean Air Act amendments of 1990. 

The fee calculation shall not include fugitive emissions. L-1 

~ PAYMENT OF TIER II OPERATING PERMIT PROCESSING FEE. 

J!L Fee Submittal. The Tier II QJlerating pennit processing fee shall be payable upon receipt of an 

assessment sent. along with the final pennit or pennit renewal. to the person receiving a permit or pennit renewal by 

the Department. The Tjer II operating pennit fee should be sent to: 

Air Quality Tier II Fees 

Fiscal Office 

Idaho Department ofEnyironmental Quality 

1410 N. Hi1ton, Boise. ID 83706-1255 

.Dl.. Delinquepcy. Failure to submit a Tier II Qperatinl: penni! processinl: fee within forty-five (45) days 

of receipt of an assessment by the Department will result in a monthly accrual of interest in the amount of twelve 

percent (12%) per annum on the outstanding balance until the fee is paid in full. L-1 

~ RECEIPT AND USAGE OF FEES. 

Tier II QJlerating permit processing fee and delinquency interest receipts shall be deposited by the Department jnto a 

stationary source permit account. Monies from this account shall be used toward technical. leliill and administrative 

support of the Department's air Quality stationary source pennit program except for those activities supported by the 

fund created for implementing the QJlerating pennit program required under Title V of the federal Clean Air Act 

amendments of 199Q. The Department will review the Tier II fee schedule at least every two (2) years. L-1 

-


IDAHO ADMINISTRATIVE BULLETIN Page 205 September 5, 2001 - VoL 01-9 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0104 


Rules for the Control ofAir Pollution in Idaho Proposed Rulemaking 


W!.. APPEALS. 

A person may be able to file an appeal within thirty (30) days of the date the person receives an assessment under 

Section 407. in accordance with IDAPA 58,01.23, "Rules of Administrative Procedure Before the Board of 

Environmental Quality". L-.1 

4Mll. - 439. (RESERVED). 

(BREAK IN CONTINUITY OF SECTIONS) 

~ :Y;RM..7,fP..Qj,lCfTI9NFEE8 YfHl: TIER ....lPERMIT8. 


AIry pel'S61f tippl";'ltg fo,. (J Tiel" H permit sltsll PfJ)' (J pt?1't,tit 6.ppliCflti6n fee ofjive hundred dfJlltrrs ($5()O) far ctlch 


PeI.",;t 1'CfJUCSteti 61' tl17,endeti. (3 7 95)£ 


47l!1,. - 499. (RESERVED). 

(BREAK IN CONTINUITY OF SECTIONS) 

sn. SJ4. (lfE8ERVEIJ). 

SECTIONS 525 mROUGH 528 HAVE BEEN RENUMBERED TO SECTIONS 387 THROUGH 391 

SJ.9:. (R:E8ERVEB). 

SECTIONS 530 THROUGH 538 HAVE BEEN RENUMBERED TO SECTIONS 392 THROUGH 399 

5:;911. - 549. (RESERVED). 

(BREAK IN CONTINUITY OF SECTIONS) 

.800... REGISTRATION FEE FOR PERMIT BY RULE. 


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


registration. L-.1 


1O.L. PAYMENT OF FEES FOR PERMITS BY RULE REGISTRATION. 


The pennit by rule registration fee shall be paid in its entirely at the time the required registration form is submitted to 


the Department. The permit by rule registration foan and fee should be sent to: 


Pennit by Rule Registration Fees 


Fiscal Office 


Idaho Department ofEnvironmental Qyality 


1410 N, Hilton, Boise, ID 83706-1255 


.m... RECEIPT AND USAGE OF FEES. 

Pennit by rule registration fee receipts shall be deposited by the Department into a stationary source permit account. 

Monies from this account shall be used toward tecbnical, legal and administrative support of the Department's air 

quality stationruy SQurce permit program except for those activities supported by the fund created for implementinK 

the operatinK permit program reQ,llired under Title V oftbe federal Clean Air Act amendments of 1990. Fees payable 

under Section 8001 shall be retained by the Department rer:ardless ofwhether a permit by rule registration is accepted 

by the Department in response to a rer:istration request. L-.1 

809,l. -- 804. (RESERVED).

- IDAHO ADMINISTRATIVE BULLETIN Page 206 September S, 2001- Vol. 01-9 

"\ ~,"": ro. I'l 

~i !~II -J D ~ 
-, 


Bulletin Summary of 


Proposed Rulemakings 


PUBLIC NOTICE 


OF INTENT TO PROPOSE OR PROMULGATE 


NEW OR CHANGED AGENCY RULES 


The following agencies of the state of Idaho have published the complete text and all related, pertinent information 

concerning their intent to change or make the following rules in the new issue ofthe state Administrative Bulletin. 

IDAPA 02 - DEPARTMENT OF AGRICULTURE 

P.O. Box 790, Boise, Idaho 83701-0790 

Docket No. 02-0214-0101, Rules for Weights and Measures. Eliminates the retroactive requirement for ticket printers 

for vehicle mounted metering systems; deletes obsolete language referencing National Bureau of Standards; adds 

date specific editions ofNational Institute of Standards and Technology Handbooks, HB 44 and HB 133 as adopted 

by reference; deletes obsolete references; adds a website address for reference documents. Comment By: 9/28/01. 

IDAPA 09 - DEPARTMENT OF LABOR 

317 W. Main Street, Boise, ID 83735 

Docket No. 09-0130-0101, Rules of the Benefits Bureau. For benefit eligibility purposes, clarifies that a suspension 

for an "indefinite period of time" will be defined as a discharge. Comment By: 9/27/0 I. 

Docket No. 09-0130-0102, Rules ofthe Benefits Bureau. Clarifies that a claimant suspensed with or without pay for a 

- specific number of days is not considered unemployed when given a date to retum to work. Comment By: 9/27/0 I. 

Docket No. 09-0130-0103, Rules ofthe Benefits Bureau. Adds categories of information that a claimant must provide 

to the Department as a condition of eligibility for benefits, including a record of a claimant's work search, if 

requested, once a claim has been established. Comment By: 9/27/01. 

Docket No. 09-0130-0104, Rules of the Benefits Bureau. Changes conform to statutory changes by deleting penalty 

for employers who fail to provide separation information within 10 days of the Department's request. Comment By: 

9127/01. 

Docket No. 09-0130-0105, Rules of the Benefits Bureau. Adds additional types of work-seeking activities that a 

claimant may be expected to do to comply with requirements for eligibility for benefits. Comment By: 9/27/01. 

Docket No. 09-0135-0101, Rules of the Employer Accounts Bureau. Adds definition of domestic labor consistent 

with that used by the Internal Revenue Service and defines what remuneration constitutes non-cash payments for 

farm work. Comment By: 9/27/01. 

Docket No. 09-0135-0102, Rules ofthe Employer Accounts Bureau. Clarifies that an employer is given appeal rights 

in all cases involving requests for transfer of experience rates; clarifies that when an employer sells a business to 

another employer, the buyer may use the taxable wage base ofthe seller for calculating a taxable wage base only ifthe 

experience rate ofthe seller has been transferred to the buyer. Comment By: 9/27/01. 

Docket No. 09-0135-0103, Rules ofthe Employer Accounts Bureau. Clarifies which quarter that back wages will be 

assigned for calculating unemployment benefits and which calendar quarters to assign back wages to determine when 

employment security contributions on those wages are due and payable. Comment By: 9/27/01. 

Docket No. 09-0140-0101, Rules ofthe Job Training Partnership Act. Repeal of chapter. Comment By: 9/27/01. 

IDAPA 10 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS 

,- 600 S. Orchard, Suite A, Boise, Idaho 83705-1242 

IDAHO ADMINISTRATIVE BULLETIN Page 226 September 5, 2001 - VoL 01-9 
IDAHO ADMINISTRATIVE BULLETIN Summary of Proposed Rulemakings 

Docket No. 10-0101-0101, Rules of Procedure. Candidates who fail to pass an examination will not be allowed to 

review exam questions if those questions will be repeated on later exams; more closely aligns the academic 

requirements for equivalency with an accredited engineering program for those not holding an engineering degree; 

eliminates references to "corporation" where "business entity" is more appropriate. Comment By: 9126/01. 

Docket No. 10-0102-0101, Rules of Professional Responsibility. Substitutes "business entity" for "corporation" as 

used in statute. Comment By: 9/26/01. 

IDAPA 14 - BOARD OF REGISTRATION OF PROFESSIONAL GEOLOGISTS 

P. O. Box 83720, Boise, ID 83720-0033 

Docket No. 14-0101-0101, Rules of Procedure of the Board of Professional Geologists. Sets fees for examination, 

certification, reexamination, and replacement of cost certificates, as required by the Association of State Boards of 

Geology, as part of the registration requirement; addresses examination-related administrative issues; creates a 

reduced renewal rate for licensees 70 or older. Comment By: 9/27/01. 

IDAPA 16 - DEPARTMENT OF HEALTH AND WELFARE 

PO Box 83720, Boise, ID 83720-0036 

Docket No. 16-0304-0102, Rules Governing the Food Stamp Program in Idaho. Revises requirements for application 

processing, alien income and eligibility, income determinations. resource determinations, claims management, and 

work criteria for single adults and families receiving Food Stamps. Comment By: 9/26/01. 

Docket No. 16-0309-0106, Rules Governing the Medical Assistance Program. Updates dental procedure codes in the 

Idaho Medicaid Provider Handbook to reflect the 2001 American Dental Association codes and re-incorporates 

Handbook into the rules to comply with SB 1301; clarifies billing for pulp vitality tests, behavior management, and 

consultations; and adds limitations on panoramic x-rays. Comment By: 9/26/01. 

IDAPA 35 - IDAHO STATE TAX COMMISSION 

800 Park, Plaza IV, P.O. Box 36, Boise, ID 83722 

Docket No. 35-0102-0101, Sales and Use Tax Administrative Rules. Corrects references made to deleted rules and 

updates them to the correct section; deletes obsolete language referring to ISTC rules and makes them consistent with 

the terminology now used to reference rules; revises Form ST-IOSBT. Comment By: 9/26/01. 

Docket No. 35-0105-0101, Motor Fuels Tax Administrative Rules. Clarifies the terminology of undyed diesel fuel to 

be consistent industry usage; clarifies how claims for refunds should be made; conforms to statutory changes for 

temporary permits with extended time limits by deleting the hourly time limit and calling it a temporary permit; 

deletes weight requirement for vehicles and clarifies documentation needed to claim refunds; updates language to 

IFTA licensees; and deletes obsolete language and updates terminology. Comment By: 9/26/0 I. 

Docket No. 35-0109-0101, Idaho County Option Kitchen and Table Wine Tax Administrative Rules. Changes 

references to the Director of Law Enforcement to the Director of the Idaho State Police. Comment By: 9/26/0 I. 

Docket No. 35-0112-0101, Idaho Beer Tax Administrative Rules. Changes references to the Director of Law 

Enforcement to the Director of the Idaho State Police. Comment By: 9/26/01. 

IDAPA 58 - DEPARTMENT OF ENVIRONMENTAL QUALITY 

1410 N. Hilton, Boise, Idaho 83706-1255 

Docket No. 58-0101-0104, Rules for the Control of Air Pollution in Idaho. Changes propose to adopt a permit to 

construct application fee, processing fee schedules for calculating permit to construct and Tier IT operating permit 

processing fees, and a registration fee for owners of qualified facilities opting to register with DEQ in lieu of 

obtaining an individual permit, and makes corrections to references within the rule chapter. Comment By: 10/910 I. 

Docket No. 58-0105-0101, Rules and Standards for Hazardous Waste. Updates incorporated rules to be consistent 

with revisions to the federal RCRA regulations as of July 1, 2001; revised definition of Environmental Appeals -, 

IDAHO ADMINISTRATIVE BULLETIN Page 227 September 5, 2001 - Vol. 01-9 
IDAHO ADMINISTRATIVE BULLETIN Summary ofProposed Rulemaklngs 

Board; makes technical corrections; eliminates court vacated language; denotes meaning of "EPA" and 

"Administrator" or "Regional Administrator". Comment By: 9/26/01. 

Docket No. 58-0116-0101, Rules for Nutrient Management. Repeal of chapter. Comment By: 9/26/0 I. 

PUBLIC HEARINGS - Public Hearings Have Been Scheduled For The Following Dockets: 

Department ofHealth and Welfare 

Docket No. 16-0309-0103, (Temporary Rulemaking) Rules Governing the Medical Assistance Program. 

Department ofEnvironmental Quality 

Docket No. 58.0101-0104, Rules for the Control ofAir Pollution in Idaho. Comment By: 10/9/01. 

Docket No. 58·0106-0101, Solid Waste Management Rules. Comment By: 9114/01. 

Please refer to the Idaho Administrative Bulletin, September 5, 2001, Volume 01-9 for notices and text of all 

rulemakings, public hearing schedules, Governor's executive orders, and agency contact names. 

Citizens ofyour county can view all issues of the Idaho Administrative Bulletin at the county law libraries. 

Copies of the Administrative Bulletin and other rules publications are available for purchase. For subscription 

information and ordering call (208) 332-1820 or write the Office of Administrative Rules, Department of 

Administration, 650 W. State St., Room 100, Boise, Idaho 83720. Visa and Mastercard accepted. 

The Idaho Administrative Bulletin and Administrative Code are available on-line at: http://www2.state.id.usladml 

adminrulesl 

IDAHO ADMINISTRATIVE BULLETIN Page 228 September 5, 2001 - Vol. 01-9 

-


PUBLIC NOTICE OF INTENT . ',. I 

To Propose Or Promulgate New Or Changed Agency Rules' 

The following agencies of the state of Idaho have publl8hedthe complete text 

and all related, pertinent Information concemlng their Intent to change or 

make the follo\'ylng rules In the new Issue of the state Administrative Bulletin. , 

IDo\PA 02 • DEPARTMENT OF AGFllCULTURE 

p.o. BCII< 790, BoIse,ID 83701-07lI0 IDAPA 18 

- DEPT OF HEALTH AND WELFARE 


Docket No. 02-021 ....1.1 • Rules for Weights and Memues. 
 PO Bax 83720, BoIse. ID 831;ZO'OO36 


Eliminate. the ",lrOIl<tive requirement for ticket printers for 
 Docket No. 16-e04-0112 • Rule. Governing the FoOd 


""hiele mounted metering .ystems; deletes __ language SlIIIIlp Program in Idaho. Revises requirements . foe appli­


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


Handbooks, HB44 and HB 133 .. adopted by",f...,nce; deletes 
 ment, and work crim:ia foe single adults and families 


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


documenlS. Comment By: 9128101. . Docket, No. 1...,.,..186 • Rules Governing the Medical 


Assistance ProiJ:ath. Updo1es dental procedore codes in IDlPA 01- DEPARTMENT OF LABOR the Idaho Medi<:.aId Provi.... Handbook to reflect the 2001 317 W. Meln S1Net, BoIse,ID 8373Ii .Americon DoiltaI Associlllcin codes and ""inc:orpora/J'S Docket No. 09"1311-01111 • Rules of the BenefIts Bun:au. For Handbook into the rules to comply with SB 1301; clarifies 
 benelit eliglbility purpose', clarifies !hat a suspension for an blllillg foe palp vitality !ellis. bebsvior man.g......t, and 
 "indefinite period of time" will be defined as a discharge. comuII8IiOas: and adds Iimil8tioos on paoonunIc Hays.
 Comment By: 9127101. Comment By: 9/26/01. 


Docket No. 09-01311-0112 • Rules of the Benefits B ....... Clari­ fies that 8 claimant suspensed with or without psy for a specific JDAPi. 35 -IDAHO STATE TAX COMMISSION 

Durnbel' of deys Is not considered unemployed wbeo giveD • aao PMf, """" IV, .p.o. BCII< "BoIse, ID 83722, . dete to retwl1 to WOJ\. COJ1IJIletIt By: 9/27101. Docket No.·35-Ol0l-tl01 .SaleS and U..Tax Administrative Rules. Correcta n:f_ made to deleted rules ODd ,Docket No. 09-0130 ..103 • Rules ofthe Benefits B""""u. Adds updo1es !berD t61be _ aeetion: deleteS obsolete categOries of infonnotion !hat a claimant must provide to the language referriDfI to JSTC rules and makes !berD COD,i.­ Department as. condition of elipbility for beuefits, includinS _ with tile ,terminology now used to ref_ rules:' a record ofa claimant'& work search. ifrequested, 0ftCe a claim revises Form ST·l(J8BT. Comment By: 9/26/01. has been established. Comment By: 9/27101. 
 Docket No. 35 ..105..101 • Motor Fuel. Tax Administra­
 Docket No. 09-0130-0104 • Rule. of tbe Beo.fits Burea•. tive Rules. Clarifie. the lmDiDoIogy of undyed dlesol fuel Changes conform to statutory changes: by deleting penalty to be consistent wilb Industry u.age; clarities bow claims for employers who fan to provide separation infonnation for ",fuods sbouId be made: conforms to st&IUlOry, cbanses within 10 day. of tbe DepanmenC. reque.t. Comment By: for tetnpoI'lIly permits wilb extended time limits by delet­ 9127101. ing !be hourly time limit and calling it. "'1DpOI'SI')' permit: Docket No. 09-01311-01OS ,Rules of the Benefits Bureau. Adds del.... weIgbt requiromcnt for vehicles and clarifies docu­ additional types of work-seeking activities that a claimant may _00 oeeded to "'aim refunds: updstes language to 

be expected to do to comply wilb requirements for eligibility fFTA Iicen....:aad de_ oboo.... lonSllage and up­ foe benefits. Comment By: 9Il7101. iIotos terminology. Con!moI:!I By: 9/26/0 I. 

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

B.....u. Adds definition of domestic I.bor consistent with Ib.t '!ftd 'Iloble Wi... Tax Administrative Rules. CItaIlg.. 'refer­ used by !be IRS and defines wh.t remuneratim constitotes ...... to the DiRoCtor of LaW Enforcemont to the Dim:tor oon-<:ash payments for fann work. Comment By: 9127101. of tho Idaho StaIlI PoLice. /::ommeat By: 9126101 . 

Docket No. 09-0135-41112 • Rules of the Employer Accounts . Docket No. 354itule1 . Idaho B..rTax Admlnlstra­ B."".... Clarifies that an employer i. given appeal rights ill all live Rules.' CboiijjieI re"""" \0 the DirectOr of LaW cues involving requests for transfer of experience rates; Enforcement to the of !be Idaho State Po1k:e. 
 clarlfies that when an employer sells 8 business to another' CommenI 8y: 912&'&1. ' . . 
 employer. the buyer m.yu.. the tax.ble wage b... of the 
 .0Uer for calculating • tax.ble wage base OIIly if the experi­ IDAI'IlU· DEPT. ·.OF~AL QUALITY 
 ence r.te of the seller b.. beeu transfetTOd to the buyer. . 1410H.HIIIon;8oIM,1I&mJ&.12115 
 Comment By: 9127101. ' Docket No.' ... Rul.. for die Cori1n>l of Air . 
 Pollution in I ..,. to adopt • permit ,to Docket No. 09..135-41103 • Rules of !be Bmployer A_ts _ gf.. icbeduIes for Bure.u. Clarities which quarter 1b.1 back wages will be assisned for colcul.ting unemployment' _ts aad which calen­ Clkulatiog '" 1:ier llojlei1lling per-. 

der quarters to assilll back wages to detenuIne wbeo employ­ iDil and. regis.on mfor owneriI of 

ment security coruributioDs ontbo.. wages ..... due aad pay­ qualified "'8iIiIor with DBQin lieu of 

able. Comment By: 9127101. abtaiDins I Himit. .... makes 10 rvIIt~ .'Cotlim<iot By: 10l9I01_ Docket No. 09-41140-01111 ,Rules of tile Job TrainillJl PatItm­ .•iiRules and Stan<iam. for Hu­ &bip Aet. Repeal of ch&ptei:. Commetu By: 9/27101. , . ......... 

.' 

. ~ted rilIes·li>.be coaalaIDo\PA 10. EIoIInI of ~ \lint 1!iO' tedOraJiI.cRA,.IIttoo.M of &I'IIlfeIeIonIIIUnd~ July 1.2001; . ~tiol\ of BnvironmentalApaao s.............. 8u111t.. ......... ID 83705-,..... ....1. 8oanI;. makes - corrections; eliminala '


Docket No. luiOi-OiOl.R"'~. c:..~ court _ted lli!8m! . ""'aDl",.of.'~BPAM.nd who fail In pass an exlllllinatioa will IlOl be allowed 1O.1OOView· . ~tnitor""'iIr >oj A<Imi.i.tra~. . (:o__t . 


.,.am questions if . will be repeatalon 10"" :By: 9t.16101. 
 exams; more closely req_ for·' Doc.... ·No. "'ItMtIt • RuleS foe I'lll!rleat 

-MaDaseequivalency with an . enai-lng prosramfor _ IIleItt. 1l.epeaJ ofdIIIptcr. Commeot By: 9/26/01, 


DOl bolding an ..gineering degree; eliminates ref.......,.. 10 
 "corpondioo" wbeTe "busInes. entity" is more appropriate. ,. PUBLlc:HEARINGS-Public HeaiiDp Ha.. Been Sobed·. 


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

Doc.... No. 1D.e10l-t181 ,Rules of Professional Responsibil­ DepartmenI of fIeIIIIh. end Welfare . . ity. Subol!tutes "business . entity" for "corporation" .. uaed in Dockd No. lW31J..Olt3.fI\!mpOnIY .• ltulemattnsl - IllaIUtll. Comment By: 9/26/0\. OovemiOS the Medical AIiUm... ~ 

oi EnwInInrnenIIII QualIty Docket No. -.0101..104. ,Rules foe the CoIitroI of Air IDlPA 14· EIoIInI of AegiatnItIan of 0e0I0gI8ts I'OIIution in ldabo.COmmerlt By: 1019/01. , ' P. 0. BCII< 113720, BoIse, ID II37.2OoG033 Docket No. 1 ....101·0181 • Rules ofProcedon: of!be Board of Docket No. 58-110604101 • Solid WUte Mansgeinent Rules. 

ProfessiomoJ Geologists. Sets f_ for examination. certifica­ CommelIt By: 9/IWI. 

tion. reexaminalioD. and replacement of COOl certificates. as 

requinod by the Association of State Boards of Geology. .. part Fl.... refer to the Jdaho Admiriistn\ive Bulletin. Sepofthe n:&isttation require.......: addn:aaes examination-related --, s, 288l,VeIumio 01·9 for notices aad text ,of all 

administrative issue8; creates a reduced l'eMWaJ rate for lic- ndemaJtin.p. pubUchoatlJl,1 achedules. OoYCmor'. ex­

...... 70 or older. Comment By: 9/27101. . ecmive orders,·.aad _ nam... . 

CHizens of your county can view all Issues of the 


Idaho Administrative Bulletin at the county law libraries. 


CopIes01 the Administrative Bulletin and other rules publications are avdabIe tOt purchalle. ForSubscrtptlan 

Information and ordering call (208) 332-1820 or write the 011108 of Admlnlstl'allw Rules. Dej)ai'fnlerit ~, 

Administration, 650 'W-Statest; Room 100. BoI8e, IdIIho83720. VIaI\'jInd M8stl:'reard accept,rd: 

The Idaho Ad~inlstratlve Bulletin and Adnil~ are ~Bbleon-Ilne at: 

hftp:llwww2.atate.ld.Ulllilldmlildmlnru"" 
-. 

- PUBLIC COMMENTS 

Rules for the Control of Air Pollution in Idaho 

Docket Number 58-0101-0104 

Deadline for Comment: October 9, 2001 

Submitted By Date Received Page No. 

Caralee Lambert 

Legislative Services 

State Capitol 

Boise, 10 83720-0054 

8/3/01 

8/20/01 

000001 -

000002 

Corky Witherwax 

Interstate Concrete and Asphalt 

845 W. Kathleen Ave. 

Coeur d'Alene, 10 83815 

10/9/01 000003­

000004 

Transcript of public hearing held 

in Boise on 10/9/01 

(letter received from Richard 

Rush, IACI, attached as exhibit) 

000005­

000023 

II II 

Legislative Services Office - Idaho 	State Legislature 

MEMORANDuM RECEI\lED 

Carl. F. Bianchi State Capitol Director A.UG 0 3 2001 P.o. Box 83720 

Boise, ID 83720-0054 

DATE: 	 July 30, 2001 DEQ Hearings coortRW~2475: Fax 33~-2l25 . {)tV DOCKET NO. w. state.ld.us/leglslat 

FROM: Caralee Lambert, Senior Legal Analyst 

TO: 	 Subcommittees for Administrative Rules Review ofthe Senate Health and Welfare 


Committee and the House Environmental Affairs Committee 


.SUBJECT: 	 Rules ofthe Department ofEnvironmental Quality - IDAPA 58.01.05 and 58.01.01 

The Department of Environmental Quality (DEQ) has proposed amending the current rules 

relating to applicable standards for hazardous waste management and disposal. As required by section 39­

4404, Idaho Code, the proposed rules align Idaho's standards with the federal regulations implementing 

the Resource Conservation and Recovery Act (RCRA). In addition to these changes, the proposed rules _ 

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

the merger ofEnvirosafe Services of Idaho, Inc. with American Ecology). The rules, as proposed, appear 

to be consistent with the rulemaking authority ofthe agency under Sections 39-4404 and 39-4405, Idaho 

Code. 

DEQ has also proposed amendments to current air pollution rules. Specifically, the proposed rules 

would impose a new "permit to construct application fee" of$I,OOO, and "permit to construct processing" 

and "Tier II operating permit processing" fees ranging from $250 to $10,000. The amount ofthe 

processing fees would be determined based upon the level of emissions produced. The proposed rules 

would also impose a "permit by rule" registration fee of $250. 

According to DEQ, the funds received from the new and revised fees would better enable the 

agency to administer the increased number of air quality permit applications that DEQ receives. The fee 

receipts would be deposited into a "stationary source permit account" which, DEQ has advised, would be 

a separate account within DEQ's general fund and would not be intermingled with the Idaho Air Quality 

Permitting Fund, as set forth in Section 39-118D, Idaho Code. 

The proposed rules appear to be consistent with the agency's rulemaking authority under Sections 

39-105,39-107,39-115 and 39-119, Idaho Code. 

cc: 	 Paula J. Gradwohl 

Environmental Quality Section 

Attorney General's Office 

CAL/jcw t~j:;;!lL/ ­ Mike Nugent, Supervisor Jeff you,,! Supervisor Larry Kirk, Supervisor Glenn Harris, Supervisor 

Research & Legislation Budget & Policy Analysis Legislative Audits Network Administration 

mnugent@lso.state.id.us jyoutz@lso.state.id.us lkirk@lso.state.id.us gharris@lso.state.id.us 
Legislative Services Office 

Idaho State Legislature -

Carl. F. Bianchi August 17, 2001 State Capitol Director P.O. Box 83720 

Boise, ID 83720-0054 

208/334-2475; Fax 334-2125 R E eEl V ED www.state.id.usllegislat 

Paula Gradwohl 


Environmental Quality Section 
 AUG 2 0 2001 

Attorney General's Office 


1410 N Hilton DEQ Hearings Coordinator 
 DOCKET NO._____ Boise, ID 83706-1255 

Dear Ms. Gradwohl: 

The Senate and House Subcommittees for review of administrative rules have 

reviewed the proposed changes to the Department of Environmental Quality rules: 

IDAPA 58.01.01 Control of Air Pollution 

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

filed. 

Sincerely, 

Caralee A. Lambert 

Senior Legislative Analyst 

Research and Legislation 

CAL/tgh 

Mike Nugent, Supervisor Jeff Youtz, Supervisor Larry Kirk, Supervisor Glenn Harris, Supervisor 

Research & Legislation Budget & Policy Analysis Legislative Audits Network Administration 

mnugent@lso.state.id.us jyoutz@lso.state.id.us lkirk@lso.state.id.us gharris@lso.state.id.us 
INTERSTATE 


CONCRETE & ASPHALT 

Paula J. Gradwohl RECEIVED 

Environmental Quality Section 

Attorney Generals Office nCT 0 ~ 2001 

1410 N. Hilton 

Boise, ID 83706-1255 OEQ Hearings Coordinator (208)373-0418/Fax (208)373-0481 ~OCKETNO. _________ pgradwoh@deq.state.id.us 

Subject: Docket No. 58-0101-0104 Notice of Proposed Rule 

The first thing that seems odd is that the fee schedule is primarily directed at stationary sources 

and it seems that there would be equal or more time spent on keeping track of and permitting 

portable plants. Portables are often shifted about the State and can end up in attainment and 

non-attainment areas. While looking at the total picture it appears as though the playing field is 

not equal in terms of costs incurred by stationary and portable plants. If there is a fee structure 

put into place, it should be kept in mind that portable plant operators are bidding projects against 

stationary plants on a daily basis. We own both stationary and portable plants. We would expect 

to pay the same fees on both based upon emissions data. We also would understand some type 

of reasonable processing fee that would be charged when filing a Relocation Form with DEQ. 

Below are a few questions that come to mind. 

Sec. 225 Say we were to seek a change in fuel for our plant as we have just completed. We 

would have to apply for a PTe costing $1,000.00 because ours was an old permit written in the 

old form. Then we would have to pay the process fee of $5,000.00. Now if you add both of these 

to the $4,000.00 that we had to pay to a private engineering firm because the State could not 

handle the permit load we would end up with a whooping $10,000.00 outlay just to be able to burn 

a different fuel to help conserve natural gas. Now to look at the other side of the story if the State 

were to use the process fee of $5,000.00 in the form of doing the necessary engineering and were 

able to complete it in a timely fashion, then it would take some of the bite out of the process fee. If 

this is not used for permit engineering then what is the justification of such a large fee? 

Also under this same section there is a General Permit fee of $500.00 and then a New Source fee 

of $1,000.00. What is the difference since the New Source fee covers a source that emits less 

that 1 ton per year? Is the General Permit required for a facility that emits 0 emissions? 

Sec. 226 This section says that the processing fee is payable upon receipt of an assessment. At 

what point in the process does this assessment occur? Is the PTe issued at the time of 

payment? See Sec. 408.01 

Sec. 407 Is there a $1,000.00 application fee for the Tier II Operating Permit? 

As in the PTe processing fee category schedule, there is a General Permit fee and again a 

Stationary Source or Facility with permitted emissions of less than 1 ton per year. Again what 

separates or defines the difference? 

In the Tier II processing fee chart does it mean that if a company were to add a silo it would be 

charged a processing fee of $5,000.00 if its permitted emissions fall between 10 & 100 tons per - year? If so it could be conceivable that a company could be taxed $10,000.00 in one year if there 

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


was a permit modification and renewal fell in the same year. 

Summarization: It seems as though the pendulum is swinging from one extreme to the other 

with the advent of the proposed fee schedule. We in the private industry understand that it takes 

a budget to be able to perform the specific tasks and needs of a department. We also understand 

that the Title V permit holders have carried the brunt of supporting the budget when it comes to 

DEQ. However on the other hand the proposed fees seems a bit unrealistic. For a facility to 

continue to change and adapt to the needs of a changing economy, that facility must continually 

be looking for better ways to produce its product in an economical fashion plus do so in a manor 

that the impact on the environment is lessened at the same time. To do so a facility must 

continue to do the following: 

1. Change production methods 

2. Replace worn equipment 

3. Install new state of the art equipment 

4. Change fuels 

The list can go on but the gist of the story is that with such high fees attached to the already high 

cost of changing production needs we feel that OEQ will be creating a negative effect as to the 

modernization of existing facilities, which in turn would aid in lowering the emission levels in the 

State of Idaho. It seems as though a set fee of $500.00 for a permit with an additional fee of 

$30.00 per ton of potential permitted emissions would be an adequate and fair fee. By dOing so 

the facility that emits more would pay more and vise versa. This structure could be used for new 

permits and permit modifications. Thus if the facility is asking for a permit that would allow it to 

emit 40 tons more per year, the cost of the modified permit would be $1,200.00 for the increase in 

emissions plus $500.00 for the general permit fee. A total of $1,700.00 not $5,000.00. This type 

of fee structure should be imposed on all plants stationary or portable. 

The Tier II Operating Permit fees could be structured in the same fashion as the PTC fees. If 

OEQ engineering is needed there could be a set hourly fee that could be agreed upon or the 

facility may opt to hire an outside engineer to compile the needed information. 

Finally I would like to say that I am not against the Permit by Rule and operating under BMP's 

however I do feel that all plants stationary or portable should pay equal fees for the right to do 

business within the State of Idaho. It is the individual companies decision as to remain at a 

stationary location or operate as a portable. However the fact is, each company is basically 

operating the same type of equipment to produce the end product. Therefore all things being 

equal, all of us should pay our equal share based upon the potential to emit regardless of being 

stationary or portable. 

Thank you for the opportunity to give input in this matter. 

Corky Witherwax 

Gravel Sales! 

Environmental Manager 

Interstate Concrete & Asphalt Co. 

(208)765-1144 

-


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

Board of Environmental Quality 

IN RE: Rules for the Control of Air Pollution ) 

in Idaho, ) 

DOCKET NO. 58-0101-0104 ) 

BEFORE 

LARRY F. WEEKS 

Hearing Officer 

Tuesday, October 9, 2001, 7 p.m. 

Department of Environmental Quality" 

Boise, Idaho .83706 

Reported by 

Amy Schaufelberger 

mE REAU1M£ COURT RU'OItTIRS 'II[<QRm AND ASSOCIATES, LLC 

208·345·3704 • 1·8CX),424·2354 


Fox 208·345·3713 


605 WEST FORT STREET 


P.O. BOX 1625 • BOISE, ID 83701 

Home Page: http://www.tuckercourtreporters.com 

E-Mail: tucker@fuckercourtreporters.com 

Realtime· CaseView/Uvenote· Nationwide Case Management· Business Meetings· lO-Day Turnaround 
- APPEARANCES 

Hearing Officer 

ForDEQ 

For IACI 

-

LARRY F. WEEKS 

ATTORNEY AT LAW 

2308 North Cole Road., Suite C 

Boise, Idaho 83704 

(208) 377-2227 

PHYLLIS HEITMAN 

DEPARTMENT OF 

ENVIRONMENTAL QUALIlY 

141 0 North Hilton 

Boise, Idaho 83706 

RICHARD R. RUSH 

IDAHO ASSOCIATION OF 

COMMERCE AND INDUSTRY 

P.O. Box 389 
Rules for the Control ofAir Polution Docket No. 58-0101·0104 


Board of Environmental Quality, Idaho October 9,2001 


Page 1 

[1] BOISE, IDAHO 

[2] Tuesday, October 9, 2001,7 p.m. 

(3) 

[4] HEARING OFFICER WEEKS: We'll be on the 

[5] record. 


(6] Let the record show that I am 


[7] Larry Weeks, the hearing officer appointed to 

[B] conduct this proceeding. It is now 7:03 p.m. on 


{9] the 9th day ofOctober, 2001. This is the time and 


[10] place set to receive oral comments on the proposed 

[11) Rules for the Control ofAir Pollution in Idaho, 

[12) Docket No. 58-0101-0104. Written comments will 

[13) also be accepted at this hearing. 

[14) We are in the DEQ Conference Center in 

[15) Boise, Idaho. Notice of this hearing appeared in 

[16] the Idaho Administrative Bulletin, as required by 

[17] Idaho Code Section 67-5221, on September 5, 2001. 

[lB) This publication was timely made and all necessary 

(19] notice requirements have been met. 

(20) All those interested persons attending 

[21] this proceeding are asked to sign in on the roster 

(22) by the entrance, indicating a desire, ifany, to 

(23) make an oral presentation.After a brief statement 

(24) made by DEQ summarizing the proposed rule dockets, 

(25) each person will be given an opportunity to comment 

Page 2 

[1] on the proposed rule. Since these proceedings are 

(2) being recorded, I ask that those who make oral 


13] presentations state their name and provide the 


14] spelling ifnecessary. 


[5] At this time, DEQ will make its 


[6) statement on the proposed rule and then I will call 


[7] upon persons who indicated on the roster that they 

[8] would like to comment. Phyllis. 


I9J MS. HEITMAN: Thank you. 


[10] Mr. Hearing Officer, ladies and 

[11] gentlemen, my name is Phyllis Heitman, I am the DEQ 

[12) Air Quality Division Management Assistant. My 

113] testimony will briefly outline proposed rule docket 

[14] 58-0101-0104. 

(lS] Economic growth in Idaho has resulted in 

[16) a corresponding rise in the air quality permitting 

[17] needs of the regulated community. The purpose of 

[18] this rule making is to better match the quality 

[1(1) permitting program to the level of permit 

(20] applications received. The fees will support, in 

[21] part, the cost to DEQ of processing applications 

1221 permits to construct andTier noperating permits, 

I23l and registrations for permits by rule, allowing the 

(24) agency to better meet the needs of the regulated 

(25) community. Persons proposing or operating existing 

Page 3 

(1) stationary sources of air pollutant emissions that ­ (2) are required to obtain construction or operating 

(3) permits may be affected by this rule. 

(4) As proposed, the rule adopts a permit to 


[5) construct application fee as well as processing fee 


IS) schedules for calculating permit to construct and 


[7] Tier n operating permit processing fees. The rule 

[8] also includes a registration fee for owners of 

[9] qualified facilities opting to register with DEQ 

[10] under Sections 790 through 799 in lieu of obtaining 

[11) an individual permit. The fee schedules are 

[12] structured to provide an incentive for emission 

[13) reduction as required by Section 39-115(3), Idaho 

[14) Code. This rule making also includes 

[15J non-substantive corrections to rule section 

[16) references within the rule chapter. 

[17] DEQ will consider all comments received 

[lBJ by today's date before submitting a f'tnal proposal 

[19] package to the Board of Environment Quality. This 

[20) package will include the hearing transcript, all 

[21J written public comments received during the comment 

(22) period, DEQ's response to comments, and the final 

[23] proposed rule. 

(24) DEQ intends to present the final 


(25] proposal to the Board of Environmental Qualityin ____ 


Page 4 

[1) November, 2001 with a recommendation that the Board 

(2) adopt the proposal as a pending rule. If the Bard 

(3) adopts the proposal as recommended by DEQ, the rule 


[4) will become f'tnal and effective upon conclusion of 


[5] the 2002 legislative session ifapproved by the 


[6) LegiSlature by concurrent resolution. 


[7] HEARING OFFICER WEEKS: Thank: you, 


[8) Ms. Heitman. I will now call upon those who 


I.9J indicated that they would like to comment on the 


[10] proposed rule. Mr. Rush. 


[11J MR. RUSH: Thank: you,Your Honor, 


[12] Ms. Heitman. My name is Richard R. Rush, R-u-s-h. 


[13) I'm the Vice-President ofthe Idaho Association of 


[14J Commerce and Industry located here in Boise. 


[15) On September 5, 2001, the Idaho 


[16] Department ofEnvironmental Quality, which I'll 


{17J term the IDEQ, published notice of a proposed rule 


[18) which will establish a fee structure for processing 


[19) permits to construct or PTCs, andTier n opetating 


{20) permits. That docket has been described by DEQ. 


[21) Earlier this year through the negotiated rule 


(22) making process, IDEQ held two public meetings on 


I23l proposed rules and provided an opportunity for 


[24] public comment. The Idaho Association ofCommerce 


(25) and Industry, IACI, attended those meetings held on 


Tucker & Associates (208) 345-3704 Min-U-Script® (3) Page 1 - Page 4 
Docket No. 58-0101-0104 Rules for the Control of Air Polution 


October 9, 2001 Board of Envirorunental Quality, Idaho 


PageS 

(l!~me 22nd, 2001, and June 29th, 2001, and we 

}mitted written comments on July 3rd, 2001. lACI 

(3) ..vw offers additional written comments on the 

(4) proposed rules, as well as these oral comments. 

(5) Those rules were published on September 5, 2001. 

(6) lACI is the leading trade association of 

[7] Idaho business and represents nearly 300 companies 

[e] throughout the state. These companies are engaged 

(9) in diverse industrial and commercial enterprises, 


[10} and many own and operate facilities subject to 


[11J regulation by IDEQ pursuant to the Idaho 


(12) Environmental Protection and Health Act and the 

[13] Rules for the Control ofAir Pollution in Idaho. 


[14J And incidentally, on my written 


(15) comments, I have cited all the rules, laws and 

[16] regulations, and I will read them here. 


[171 As a result, many of lACI's member 


(18) companies will be subject to the fee structure 

[19] being proposed by IDEQ. Consequently, Idaho - or 


[2OJ lACI and its members have a direct and significant 


[21] interest in these proposed rules. 

(22) And I might add, our members are 

(23) especially sensitive to increased costs during the 

[24] current economic downturn, and the uncertainty that 

[2f ,-• country and its businesses and people are 

Page 6 

[1] facing. This sensitivity to these higher costs is 


[2J reflected in my statement. 


(3J IDEQ has represented that it expects a 


[4] shortfall in PTC and Tier n funding in coming 


(5J years. IACI is nevertheless skeptical ofthe 


[6J reasons and necessity for the proposed fees. lACI 


[7] feels its skepticism is justified given industry's 


1BI past experience with IDEQ's inability to timely 


lBI process PTCs,Tier n operating pennits, and 


[10} Title V operating permits. The processing of those 

(11J air quality permits has been slow and costly. 

(12) Prime examples are outstanding Title V permits: 

(13) IDEQ has completed review of 14 out of 62 Title V 

[14J permit applications, the majority of which have 

[15] been pending before the agency since 1995. IDEQ 

[16] has taken over six years to issue those 14 Title V 

[171 permits at a cost of over $12 million. 

[18) A substantial backlog also exists in 

[19] IDEQ's review ofPTC applications and Tier n 

[2OJ permit applications. This backlog persists despite 

[21] provisions in the Air Pollution Control Rules which 

l22J"-lire IDEQ to issue PTC and Tier npermits 

(23) -'lin established timelines.And again, the Idaho 

;24} Administrative Procedure Act, I've listed those 

:25) cites in my written comments. 

Page 7 

[1) While there is some flexibility 

[2] contained in those time lines. they are time lines 

[3] nevertheless, which IDEQ "shall" comply or "will" 


[4J comply with. Regrettably, it has been lACI's 


(5) experience that IDEQ has not processed and issued 

(5) PTCs and Tier II permits within the time 

[7] limitations ofthe Idaho APA. Based on IDEQ's lack 

[e] of timeliness and the resulting backlog, lACI finds 

(9) it difficult to determine if fees in the proposed 


[10J rules are reasonable. 


(11] According to IDEQ calculations, the cost 


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

[13] $11,359; a Tier II operating permit averages 


[14J $15,769 to process and issue. lACI believes that 


(15) inefficiencies within IDEQ's PTC and Tier II permit 

[16] programs have artificially impacted and raised 

(171 these costs. Again, it is difficult to determine 

[18J whether the application and processing fees 

[19) proposed for PTCs are reasonable or excessive, in 

[2OJ terms of the work and labor required for the 

[21J issuance of the permits. Likewise, it is difficult 

[22) to determine if the processing fees forTier n 

[231 permits are reasonable or excessive. 

(24J Together, the lack of time and 

(25] cost-efficiency in processing PTCs and Tier n 

Pages 

(1] permit applications warrants greater accountability 

[2J from IDEQ - an element that is lacking from the 

(3) Proposed Rules - before adoption of additional 

[4] revenue measures. There is no incentive for IDEQ 

[5] to timely and efficiently issue PTCs andTier n 

[6] permits once an application has been made. This 

[7] lack of accountability and incentive is a great 


(8J concern to lACI and its members. Delay in the 


lBI issuance of PTCs andTier n operating pennits has 


(10} been costly to applicants. lACI believes that IDEQ 

[11] must be held to the established timelines within 

(12) the Air Pollution Control Rules, ifthe proposed 

(13) fees are to be "reasonable." And again, see Idaho 

[14) Code 39-119. IfIDEQ is to adopt the proposed 

(15) fees, those fees must be warranted and used 

116] effectively in the timely and efficient issuance of 

1171 the pennits. 

(18) That's a general comment, and I do have 

[19] some specific comments on the proposed rule as 

(20] well. First is Section 224, Permit to Construct 

[21] Application Fee. This provision requires PTC 

(22) applicants to submit a $1,000 fee with the PTC 

(23] application. 

124) lACI appreciates the revisions IDEQ made 

[25J to the Proposed Rules following the submission of 

Page S - Page 8 (4) M:In-U-Script® Tucker &: Assoclates (208) 345-3704 
Rules for the Control of Air Polution Docket No. 58-0101-0104 


Board of Environmental Quality. Idaho October 9, 2001 


Page 9 

[i) lACI's July 3, 2001 written comments. lACI 


[2) supports the additional language, which states that 


[3) the PTC application fee is not required for 


(4) exemption review, typographical errors, and name 

(5) changes. 


[6J As a point of clarification, however, 


(7) lACI requests that the provision exempting name 

[S] changes from the application read: "Name or 

[9) Ownership Change.A change in the name or 

liO] ownership ofthe holder of a permit to construct 

[II] when no other review or analysis is required." 

[12] While in some cases a name change may include an 

[13] ownership change, lACI believes the provision 

[14J should be clarified to specifically apply to 

[15] ownership changes.As lACI commented earlier. 

[16J because PTCs are non-transferable for a new PTC. 

[i7] new owners are required to apply for a new PTC.A 

[i8J change of ownership should not require a PTC 

[i91 application fee, given that such a change likely 

[20] requires no substantial or substantive 

[21] modifications or revisions to the existing PTC. 

[2.2] The second area is number 225, Permit to 

[23] Construct Processing Fee. This provision requires 

(24] the payment of a PTC processing fee of $250 to 

~(25]~$~l~O~,oo~O~d~eEP~e~ndin='~g~u~po~n~th~e~le~v~el_o_f~p_ro~po~s_e_d_________ 

Page 10 

[iJ emission increases. 


121 Our comment is that lACI appreciates the 


PJ language added to this provision, which clarifies 


I4J that PTC processing fees are calcwated by 


[5] considering the aggregate of all proposed emission 

[6] increases and decreases ofregulated pollutant 

(7) emissions and not the total of all proposed 


[8J emission increases. In addition, lACI appreciates 


[9] the express exclusion offugitive emissions from 

[10] the fee calculation. 

[11] As an additional point, lACI requests 

[12) that Rwe 225 make it clear that exemption 

(13J applicability determinations, corrections of 

[14] typographical errors, and name and ownership 

[15] changes do not require the payment of PTC 

[16] processing fees. Such minor changes requiring no 

[17] other review or analysis do not warrant a 

[18] processing fee of $250. lACI suggests that IDEQ 

[19] add a provision to Rwe 225 stating that exemption 

120] determinations, typographical error corrections. 

1.21J and name or ownership changes do not require a PTC 

l22l processing fee. This clarification is consistent 

!23J with Rwe 407.02, which excludes typographical 

1.24) error corrections and name changes from the fees 

[2S] associated with processing Tier IT permits. 

Page 11 

II) Rule 227, Receipt and Usage of Fees. ­ [2) This provision specifies that the PTC application 

[3] and processing fee shall be used solely for IDEQ's 


[4) PTC and Tier IT permit programs. lACI appreciates 


[51 the language ofthis provision, which limits use of 


[6) PTC application and processing fees to the PTC and 


(7) Tier IT permit programs. However, lACI believes 

(8) this language should be clearer. lAC! suggests the 

[9] following clarification: "Permit to construct, 

[10] application and processing fee receipts shall be 

[I iJ deposited by the Department into a stationary 

(12) source permit account. Monies from this account 

[13] shall be used solely" - is the word, solely is the 

[14] addition - "towards technical,legal, and 

(15) administrative support ofthe Department's permit 


[16) to construct in Tier IT permit programs, and shall 


[17] not be used for those activities supported by the 


[18) fund created for implementing the operating permit 


[19] program required under Title V ofthe Federal Clean 


[20] AirAct amendments of 1990." 


[21J And again on my written comments, you 


[22] can see the items that I've struck there, rather 

[23] than trying to read those. It's confusing to do it 

(24] in that manner. -, 

I.~(2~5]__~R~W~e~4O~7~.T~i~er~IT~~O~~"~-~P~e~nru~'t~______________ 

Page 12 

[I] Processing Fee. This provision requires the 


121 payment of a Tier n operating permit processing 


P) fee of $500 to $10.000 depending upon the level of 


[4] permitted emissions. 

[5] lACI, again, appreciates the provision 


[6) added by IDEQ which exempts sources from Tier IT 


\1l processing fees where the source is seeking a PTC 


(8) rollover, a correction of a typographical error, 

[9] and a name change. 

[10) However, consistent with its earlier 

[11] comments to Rwe 224, lACI requests that the 

[12) provision exempting name changes from the Tier IT 

[13J processing fee provide for the exemption of 

[14] ownership changes as well.And again. see Rwe 

[15] 407.02(c). lACI suggests that the provision read: 

[16] "A change in the name or ownerShip ofthe holder of 

[11] aTier IT operating permit is requested. Fees are 

[18J not warranted for a change of ownership which 

(19) likely requires no substantive change to the 

[20] existing Tier IT permit. • 

[.21) Under certain circumstances, IDEQ may " 

l22l require a stationary source or facility to obtain a 

!23J Tier noperating permit or revise an existing .,._ f"'\ " q 

1,24) Tier IT permit.And again, I have cited the ,; ,.j J :..' l' v 

[2S] referenc.e in the IdahoAPA. Under those 

Tucker &: Assoc1ates (208) 345-3704 Min-U-Saipt® (5) Page 9 - Page 12 
Docket No. 58·0101-0104 Rules for the Control ofAir Polution 


October 9, 2001 Board of Environmental Quality, Idaho 


Page 13 

PI circumstances, the obligation ofthe source or

- :ility to obtain or revise the operating permit 


I:'J .,s involuntary and based solely on the discretion 


14J of IDEQ.This involuntary requirement should not 


(5) trigger the assessment of processing fees. IACI 


IS] requests that IDEQ include language exempting 


(7J sources or facilities required to obtain a Tier II 


[8J permit or aTier II permit revision pursuant to the 


[91 ldahoAPA from the fee requirements of Rule 407. 


[10] IACI also appreciates IDEQ's willingness 


(11] to provide language and to exclude fugitive 


(12) emissions from the fee calculations. However, for 

(13) the sake of clarity, IACI believes that the 


[14J language should be moved to the end of 


(15] Subsection .01 of Rule 407. 


[16) Rule 409, Receipt and Usage of Fees. 


[17] This provision specifies that Tier II processing 

(18] fees shall be used solely for IDEQ's PTC and 

119] Tier II permit programs. 

[2OJ lACI appreciates the language ofthis 

[21] provision, which limits use of PTC application and 

(22] processing fees to the PTC and Tier II permit 

(23) programs. However, lAO believes this language 

[24] should be c1earer.lACI suggests the following 

[2r'-'- ...mcation: "Tier II operating permit 

Page 14 

[1] processing fee and delinquency interest receipt 

[2] shall be deposited by the Department into a 


(3] stationary source permit account. Monies from this 


(4) account shall be used solely towards technical, 

[S] legal, and administrative suppon ofthe 


[6) Department's permit to construct andTier II permit 


(7J programs and shall not be used for those activities 


(6) supponed by the fund created for implementing the 

I9J operating permit program required underTitle V of 


[10) the Federal QeanAirAct amendments of 1990." And 


[II) again, my written comments show what we suggest be 


(12) struck from that. 


[18) I do have some additional specific 


(14) comments on the proposed rules. In keeping with 


[15] lACl's beliefthat IDEQ must be held accountable 


[Ul) for the inefficiencies in t.in:le and costs associated 


[17] with the issuance of PTCs andTier II permits, if 


[18) fees are to be established, lACI requests that 


[19] certain incentives for IDEQ be included in the 


[2OJ Proposed Rules. Incentives can easily be tied to 


:21) the timeliness for issuing PTCs andTier II permits 


:22J ,-,:quired by the IdahoAPA. Under the provisions 


23J ",chI have cited in the written comments, IDEQ 


24) must determine whether a PTC or a Tier n 


25) application is complete within 30 days of 


Page 15 

[I) submission. Within 60 days of the completeness 

[2] determination, IDEQ must issue a draft permit or 

(3) approve, conditionally approve or deny the 


14J application unless an opponunity for public 


[5] comment is required or deemed necessary.And 


[6} again, those APA citings are listed in my written 


(7J comments.Thiny days are then allowed for the 


[8) public comment period followed by a 45-day periud 


(9) within which IDEQ mist either approve, 


[101 conditionally approve or deny the permit. 


[11] Failure to comply with those time 

(12) limitations should result in the following actions 


[131 by IDEQ. First, IDEQ should be required to reduce 


[14] its assessment of calculated PTC and Tier II permit 

[15] processing fees by 50 percent. No refund would be 


[161 required since the processing fees for both PTCs 


[17] and Tier II permits are due after IDEQ has issued 

(18) the permits.This reduction ofthe proposed 

(19) processing fees is warranted given IDEQ's 

[2OJ obligation under the Air Quality Control Rules and 

(21) the additional economic and business costs incurred 

(22] by the applicant due to any delay. 

(23) Second, IDEQ's failure to meet the 

(24) prescribed timelines for issuance of a PTC or a 

(2S] Tier II permit should obligate the agency to inform 

Page 16 


[1) the Board of Environmental Quality (or the "Board") 


[2] of its lack of compliance with the Air Quality 


(3] Control Rules.Thus, for each PTC application and 


(4) Tier II permit application that remains pending 

[5] past the timelines of the Idaho APA, IDEQ should 

(6) inform the Board ofits failure to comply along 


(7J with the reasons for that failure.These 


[8) requirements would provide IDEQ with incentives to 


I9J issue PTC and Tier II permits in a timely and 


(10) efficient manner and ultimately provide a more 

[11] reasoned basis for the proposed fees and the costs 

(12) ofthe permitting services provided by lDEQ. 

[13] In addition, in the same vein,lAO 

(14) requests that IDEQ pedonn an accounting review of 

[15] the fees collected as pan ofthe proposed fee " 

(16) schedule and a pedormance review of IDEQ's efforts 

[17] to process and issue PTCs and Tier II permits in a 

(18) timely manner. These reviews would be a revision of 

[19] the current requir4!ment and the Proposed Rules that 

[2OJ IDEQ "will review the fee schedule at least every 

[21) two (2) years." And that's Rule 2Z7 and Rule 409. 

[22J The accounting review should include an 

[23J assessment of how the collected fees are allocated 

(24) and used in a review ofthe fee schedule itselfto 1.; J\j 0 o 

(2S] determine ifthe fees are reasonable and warranted 

Page 13 - Page 16 (6) Min-V-Scrip. Tucker &: Associates (208) 345-3704 
Rules for the Control ofAir Polution Docket No. 58-0101-0104 


Board of Environmental Quality, Idaho October 9, 2001 


Page 17 

Il} considering IDEQ's budget. The performance review 


[2} should consider the service provided by IDEQ and 


[3J whether IDEQ is timely and efficient in processing 


[4) and issuing PTCs and Tier n permits. The reports 


[5J generated from the accounting and performance 


[6] review should be submitted to the Board on a 

[7] biannual basis. This periodic review will assure 

[8] the proposed processing fees are warranted and 

(9) document IDEQ's progress in approving the 

[10) efficiency of the PTC andTier n operating permit 

[11) programs. Both IDEQ and industry wilJ benefit from 

[12) such review requirements. 

(13) lACI also asks that IDEQ not apply the 

[14J Proposed Rules retroactively. The retroactive 

[15] application regulation is not favored absent an 

[16] expressed statutory grant of authority to the 

[17] contrary. Bowen v. Georgetown University Hospital 

[18J is a citing, and I've listed the rest of that in 

[19] the written comments. The EPHA does not provide 

(20) for the retroactive application of regulations. 

[21] Furthermore, currently hundreds of PTCs 

(22) and dozens ofTier n permit applications are 

[23J pending before IDEQ. Several of lACI's members 

[24] have Tier n permit applications before IDEQ which 

(25) have been Ol1tst~ntiinl1 for over 5 years. PTC and 

Page 18 

[II Tier npermit applications and the contents of 


[2J those applications involves strategic economic and 


(3] business decisions that are made in reliance of 


141 established legal requirements, and those 


[S) requirements for PTCs and Tier n permits. 


161 Reliance on those existing legal requirements is 


[7] legitimate and deserves protection, and any 

[8] modification to those legal requirements requires 

I9l fair notice, something applicants with PTC and 

[10) Tier n permit applications currently pending 

[II] before IDEQ have not been provided. This is 

[12] especially true considering that pending permit 

[13] applications are awaiting processing and issuance 

[14) due to no fault of the applicants themselves. 

[15) IACI appreciates IDEQ's willingness to 

[161 incorporate into the proposed rules its previous 

[17] suggestions ofJuly 3. 2001. lAO also appreciates 

[18] the opportunity to submit additional written 

[19) comments and looks forward to IDEQ's response to 

[20] these comments. lACI will follow the Proposed 

[21] Rules through the Board ofEnvironmental Quality 

(22) meeting in November of 2001. 

(23) And I respectively submitted this 

(24) Richard R. Rush, Vice-President of Natural 

(2S) Resources, Idaho Association ofCommerce and 

Page 19 

II] Industry.Thank you,Your Honor. 

[2] HEARING OFFICER WEEKS: Thank you, Mr. Rush. 

[3) Mr. Rush's written submitted comments on lACI 

(4) letterhead dated October 9, 2001, which has been 

[5] signed, will be marked and admitted as Exhibit 

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

[7] the record. Thank you, sir. 


[8) MR. RUSH: Thank you,Your Honor.Thank you 


[9J very much. 


[10] HEARING OFFICER WEEKS: Has anyone else who 


[11) is present decided they do wish to testify? 


[12) Hearing no response, I will assume no.And it's 


(13) now 7:30 p.m., and the hearing will be closed.The 

[14] sign-in roster will be marked and admitted and sent 

[15] along with the record as Exhibit *-OOB.Thank you. 

[16] (Exhibits *-OOA and *-OOB marked.) 

[17] 

(18) (fhe hearing concluded at 7:30 p.m.) 

[19) 

[20] 

[21} 

[22J 

[23J 

[24] 

[25] 

Tucker &: Associates (208) 345-3704 Min-U-Script® (7) Page 17 - Page 19 
Docket No. 58-0101-0104 Rules for the Control ofAir Polution 

October 9, 2001 Board ofEnvironmental Quality, Idaho 

BOISE 1:1, 15;4:14 comply 7:3, 4; 15:11; 14:10; 15:20; 16:2 S 16:6 $ allocated 16:23 both 15:16; 17:11 

Bowen concern 8:8 allowed 15:7 17:17 

concluded 19:18 51:17;4:15;5:5; 17:25 allowing 2:23 brief 1:23 $1,0008:22 conclusion 4:4 5015:15 along 16:6; 19:15 briefly 2: 13 $10,0009:25; 12:3 concurrent 4:6 58-0101-01041:12;2:14 amendments 11:20; budget 17:1 $11,3597: 13 conditionally 15:3,10 14:10 Bulletin 1 :16 $12 million6:17 conduct 1:8 6 analysis 9:11; 10:17 business 5:7; 15:21; 18:3 

$15,7697:14 Conference 1:14 APA 7:7; 12:25; 13:9; businesses 5:25

$2509:24; 10:18 confusing 11:23 14:22; 15:6; 16:5 6015:1 $50012:3 Consequently 5:19

626:13 appeared 1:15 C consider 3:17; 17:2 applicability 10:13 67-5221 1 :17 considering 10:5; 17:1; applicant 15:22 * calculated 10:4; 15:14 18:12 applicants 8:10, 22; 7 calculating 3:6 consistent 10:22; 12:1o 18:9,14 *-OOA 19:6, 16 calculation 10:10 construct 2:22; 3:5, 6; application 3:5;7:18; *-OOB 19:15,16 calculations 7:11; 13:12 4:19;8:20;9:10,23; 11:9, 71:2 8:6,21,23; 9:3, 8,19; call 2:6;4:8 16; 14:6 7903:10 11:2,6,10; 13:21; 14:25; . can 11:22; 14:20 construction 3:2 0 7993:10 15:4; 16:3,4; 17:15,20 

cases 9:12 contained 7:2 7:031:8 applications 2:20,21;

Center 1:14 contents 18:1 7:30 19:13,18 6:14,19,20;8:1; 17:22, 

01 13:15 24; 18:1,2,10,13 certain 12:21; 14:19 contrary 17:17

apply 9:14, 17; 17:13 Change 9:9, 9,12, 13, 18. Control 1:11; 5:13; 6:21; 9 19; 12:9.16,18,19 8:12; 15:20; 16:3 1 appointed 1:7

changes 9:5,8,15; correction 12:8 appreciates 8:24; 10:2, 91:2; 19:4 8; 11:4; 12:5; 13:10,20; 10:15,16,21, 24; 12:12, corrections 3:15; 10:13 

146:13,16 9th 1:9 14 20,24 18:15,17 

199011:20; 14:10 chapter 3:16 corresponding 2:16 approve 15:3,3,9, 10 

19956:15 A approved 4:5 circumstances 12:21; cost 2:21; 6:17; 7:11 

13:1 cost-efficiency 7:25 approving 17:9 

cited 5:15; 12:24; 14:23 costly 6:11;8:10 2 absent 17:15 area 9:22

cites 6:25 costs 5:23;6:1;7:17; accepted 1:13 artificially 7:16 

citing 17:18 14:16; 15:21; 16:11 According 7:11 assessment 13:5; 15:14; 216:21 16:23 citings 15:6 country 5:25 account 11:12,12; 14:3, 20011:2.9,17;4:1,15; Assistant 2:12 clarification 9:6; 10:22; created 11:18; 14:8 4 5:1, 1,2,5; 9:1; 18:17,22; associated 10:25; 14:16 11:9; 13:25 current 5:24; 16:19 accountability 8:1,7 19:4 Association 4:13,24; clarified 9:14 currently 17:21; 18:10 accountable 14:15 20024:5 5:6; 18:25 clarifies 10:3 accounting 16:14,22; 2248:20; 12:11 assume 19:12 clarity 13:13 17:5 D 

2259:22; 10:12, 19 Clean 11:19; 14:10 Act 5:12;6:24; 11:20; assure 17:7

22711:1; 16:21 14:10 attended 4:25 clear 10:12 date 3:18

actions 15:12 attending 1:20 clearer 11:8; 13:24 22nd 5:1 dated 19:4

activities 11:17; 14:7 authority 17:16 closed 19:13 29th 5:1 day 1:9

add 5:22; 10:19 average 7:12 Code 1:17; 3:14; 8:14 days 14:25; 15:1, 7 

added 10:3; 12:6 collected 16:15,23 averages 7:13 ~ decided 19:11

addition 10:8; 11:14; awaiting 18:13 coming 6:4 decisions 18:3 16:13 comment 1:25; 2:8; 3:21; decreases 10:6 39:1; 18:17 additional 5:3; 8:3; 9:2; 4:9,24; 8:18; 10:2; 15:5,8 B deemed 15:5 3014:25 10:11; 14:13; 15:21; 18:18 commented 9:15

Delay 8:8; 15:22 3005:7 Administrative 1:16; comments 1:10,12;

6:24; 11:15; 14:5 backlog 6:18.20; 7:8 . 3:17,21,22; 5:2,3,4,15; delinquency 14:1 39-115(33:13 admitted 19:5,14 Bard 4:2 6:25; 8:19; 9:1; 11:21; deny 15:3,10 39-1198:14 adopt 4:2; 8:14 Based 7:7; 13:3 12:11; 14:11,14,23; 15:7; Department 4:16; 11:11; 

3rd 5:2 basis 16:11;17:7 17:19; 18:19, 20; 19:3 14:2 adoption 8:3 

become 4:4 Commerce 4:14, 24; Department's 11:15; adopts 3:4; 4:3 18:25 14:6 4 affected 3:3 belief 14:15

commercial 5:9 depending 9:25; 12:3 again 6:23;7:17; 8:13; believes 7:14; 8:10; 9:13; 

11:7; 13:13,23 community 2:17,25 deposited 11:11; 14:2 11:21; 12:5,14, 24; 14:11; 40711:25; 13:9, 15 

15:6 benefit 17:11 companies 5:7,8,18 DEQ 1:14,24; 2:5,11,21; 407.0210:23 complete 14:25 3:9. 17,24; 4:3, 20 agency 2:24;6:15; 15:25 better 2:18, 24

407.o2(c 12:15 completed 6:13 DEQ's3:22 aggregate 10:5 biannual 17:7 

40913:16; 16:21 Air completeness 15:1 described 4:20 1:11; 2:12,16;3:1; Board 3:19,25; 4:1; 16:1. 

45-day 15:8 5:13; 6:11. 21;8:12; 11:20; 1,6; 17:6; 18:21 compliance 16:2 deserves 18:7 , A " 

Tucker & Associates (208) 345-3704 
Docket No. 58-0101-0104 Rules for the Control of Air Polution 


October 9, 2001 Board of Envirorunental Quality, Idaho 


desire 1:22 

despite 6:20 

19; 12:13 

exempts 12:6 H indicated 2:7; 4:9 

indicating 1:22 

looks 18:19 

determination 15:2 Exhibit 19:5, 15 individual 3:11 M 

determinations 10:13, Exhibits 19:16 Health 5:12 industrial 5:9 

20 existing 2:25; 9:21; HEARING 1:4, 7,13,15; Industry 4:14,25; 17:11; majority 6:14 determine 7:9, 17,22; 12:20,23; 18:6 2:10;3:20;4:7; 19:2,10, 19:1 

14:24; 16:25 exists 6:18 12,13,18 industry's 6:7 

difficult 7:9, 17, 21 

direct 5:20 

discretion 13:3 

diverse 5:9 

Division 2:12 

expects 6:3 

experience 6:8; 7:5 

express 10:9 

expressed 17:16 

HEITMAN 2:9,11;4:8, 12 

held 4:22,25; 8:11; 14:15 

higher 6:1 

holder 9:10; 12:16 

Honor 4:11; 19:1,8 

inefficiencies 7: 15; 

14:16 

inform 15:25; 16:6 

intends 3:24 

interest 5:21; 14:1 

Management 2:12 

many 5:10, 17 

match 2:18 

Docket 1:12; 2:13; 4:20 

dockets 1:24 F Hospital 17:17 

hundreds 17:21 

interested 1 :20 

into 11:11; 14:2; 18:16 measures 8:4 

document 17:9 involuntary 13:3,4 meet 2:24; 15:23 

downturn 5:24 facilities 3:9; 5:10; 13:7 I Involves 18:2 meeting 18:22 

dozens 17:22 facility 12:22; 13:2 issuance 7:21; 8:9, 16; meetings 4:22, 25 

draft 15:2 facing 6:1 IACI 4:25; 5:2,6,20; 6:5, 14:17; 15:24; 18:13 member 5:17 

due 15:17,22; 18:14 Failure 15:II, 23; 16:6,7 6;7:8,14; 8:8,10,24; 9:1, issue 6:16, 22; 7:12,14; 

during 3:21; 5:23 fair 18:9 7,13,15; 10:2,8,11,18; 8:5; 15:2; 16:9, 17 17:23 

E 

fault 18:14 

favored 17:15 

Federal 11:19; 14:10 

11:4,7,8; 12:5, 11, 15; 

13:5,10,13,20,23,24; 

14:18; 16:13; 17:13; 

18:15,17,20; 19:3 

issued 7:5; 15:17 

issuing 14:21; 17:4 

items 11:22 

met1:19 

might 5:22 

minor 10:16 

mist 15:9 

Earlier 4:21; 9:15; 12:10 fee 3:5, 5,8,11;4:18; IACI's 5:17;7:4;9:1; modification 18:8 

easily 14:20 

Economic 2:15; 5:24; 

15:21; 18:2 

effective 4:4 

effectively 8:16 

efficiency 17:10 

efficient 8:16; 16:10; 17:3 

efficiently 8:5 

efforts 16:16 

either 15:9 

5:18; 8:21,22; 9:3,19,23, 

24; 10:10, 18,22; 11:3, 10; 

12:1,3,13; 13:9, 12; 14:1; 

16:15,20,24 

feels 6:7 

fees 2:20; 3:7;6:6;7:9, 

18,22;8:13,15,15; 10:4, 

16,24; 11:1,6; 12:7,17; 

13:5,16,18,22; 14:18; 

15:15,16,19; 16:11,15, 

23,25; 17:8 

14:15; 17:23 

IDAHO 1:1,11,15,16,17; 

2:15; 3:13; 4:13,15,24; 

5:7, II, 13. 19; 6:23; 7:7; 

8:13; 12:25; 13:9; 14:22; 

16:5; 18:25 

IDEQ 4:17, 22; 5:11,19; 

6:3,13,15,22; 7:3, 5,11; 

8:2,4,10,14,24; 10:18; 

12:6,21; 13:4,6; 14:15, 

19,23; 15:2,9,13,13,17; 

16:5,8,12,14,20; 17:2, 3, 

] 

July 5:2; 9:1; 18:17 

June 5:1, 1 

justified 6:7 

K 

keeping 14:14 

modifications 9:21 

Monies 11:12; 14:3 

more 16:10 

moved 13:14 

much 19:9 

15:2 

N 

element 8:2 final 3:18, 22, 24; 4:4 11,13,23,24; 18:11 L else 19:10 finds 7:8 IDEQ's 6:8, 19;7:7, 15; 

emission 3:12; 10:1, 5,8 

emissions 3:1; 10:7, 9; 

12:4; 13:12 

end 13:14 

engaged 5:8 

enterprises 5:9 

entrance 1 :22 

Environment 3:19 

Environmental 3:25; 

4:16; 5:12; 16:1; 18:21 

EPHA 17:19 

error 10:20,24; 12:8 

errors 9:4; 10:14 

especially 5:23; 18:12 

establish 4:18 

established 6:23; 8:11; 

First 8:20; 15:13 

flexibility 7:1 

follow 18:20 

followed 15:8 

following 8:25; 11 :9; 

13:24; 15:12 

forward 18:19 

fugitive 10:9; 13:11 

fund 11:18; 14:8 

funding 6:4 

Furthermore 17:21 

G 

general 8:18 

11:3; 13:10,18; 15:19,23; 

16:16; 17:1,9; 18:15,19 

112:22; 3:7; 4:19; 6:4, 9, 

19,22; 7:6,13, 15,22,25; 

8:5,9; 10:25; 11:4,7,16, 

25; 12:2,6,12,17,20,23, 

24; 13:7,8,17,19,22,25; 

14:6,17,21,24; 15:14, 17, 

25; 16:4,9,17; 17:4, 10, 

22,24; 18:1,5,10 

impacted 7:16 

implementing 11:18; 

14:8 

inability 6:8 

incentive 3:12;8:4,7 

incentives 14:19,20; 

16:8 

labor 7:20 

lack 7:7, 24; 8:7; 16:2 

lacking 8:2 

ladies 2:10 

language 9:2; 10:3; 11:5, 

8; 13:6, 11, 14, 20, 23 

Larry 1:7 

laws 5:15 

leading 5:6 

least 16:20 

legal 11:14; 14:5; 18:4,6, 

8 

legislative 4:5 

Legislature 4:6 

legitimate 18:7 

12:9,12,16 

Natural 18:24 

nearly 5:7 

15:5 

necessity 6:6 

needs 2:17,2

negotiated 4:21 

new 9:16,17, 

18:9 

number 9:22 

4 

17 

14:18; 18:4 generated 17:5 incidentally 5:14 letterhead 19:4 

examples 6:12 gentlemen 2:11 Include 3:20; 9:12; 13:6; level 2:19; 9:25; 12:3 

excessive 7:19, 23 Georgetown 17:17 16:22 lieu 3:10 0 

exclude 13:11 given 1:25; 6:7; 9:19; included 14:19 likely 9:19; 12:19 

excludes 10:23 15:19 includes 3:8, 14 likewise 7:21 obligate 15:25 

exclusion 10:9 grant 17:16 incorporate 18:16 limitations 7:7; 15:12 

exempting 9:7; 12:12; great 8:7 increased 5:23 limits 11:5; 13:21 

13:6 greater 8:1 increases 10:1,6,8 listed 6:24; 15:6; 17:18 obtaining 3:10 

exemption 9:4; 10:12, growth 2:15 incurred 15:21 located 4:14 

desire - October (2) 

making 2:18;3:14; 4:22 

manner 11:24; 16:10, 18 

marked 19:5,14,16 

may 3:3; 9:12; 12:21 

members 5:20, 22; 8:8; 

- must 8:11, 15; 14:15,24; 

name 2:3, 11; 4:12; 9:4,7, 

8,9,12; 10:14,21, 24; 

necessary 1:18; 2:4; 

nevertheless 6:5; 7:3 

non-substantive 3:15 

non-transferable 9:16 

Notice 1:15, 19;4:17; 

November 4:1; 18:22 

., 

obligation 13:1; 15:20 

obtain 3:2; 12:22; 13:2,7 

October 1:2,9; 19:4 

Min-U-Script® Tucker &: Associates (208) 345-3704 
Docket No. 58-0101-0104 Rules for the Control of Air Polution 

October 9, 2001 Board of Environmental Quality, Idaho 

.­

,­

offers 5:3 Pollution 1:11; 5:13; 

OFFICER 1:4,7; 2:10; 6:21;8:12 

4:7; 19:2, 10 prescribed 15:24 

once 8:6 present 3:24; 19:11 

operate 5:10 presentation 1 :23 

operating 2:22,25; 3:2, presentations 2:3 

7; 4:19; 6:9,10; 7:13; 8:9; previous 18:16 

11:18,25; 12:2, 17, 23; Prime 6:12 

13:2,25; 14:9; 17:10 Procedure 6:24 

opportunity 1 :25; 4:23; 

15:4; 18:18 proceeding 1:8,21; 19:6 

opting 3:9 proceedings 2:1 

oral 1:10, 23; 2:2; 5:4 process 4:22; 6:9;7:12, 

out 6:13 

14; 16:17 

outline 2:13 processed 7:5 

outstanding 6:12; 17:25 processing 2:21; 3:5, 7; 

4:18;6:10; 7:18, 22, 25; 

over 6:16, 17; 17:25 9:23,24; 10:4, 16, 18,22, 

own 5:10 25; 11:3,6,10; 12:1,2,7, 

owners 3:8;9:17 13; 13:5,17,22; 14:1; 

Ownership 9:9, 10, 13, 15:15,16,19; 17:3,8; 

15,18; 10:14,21; 12:14, 18:13 

16,18 program 2:19; 11:19; 

14:9 

p programs 7:16; 11:4,7, 

16; 13:19, 23; 14:7; 17:11 

progress 17:9 

p.m 1:2,8; 19:13, 18 proposal 3:18, 25; 4:2,3 

package 3:19, 20 proposed 1:10,24; 2:1, 

part 2:21; 16:15 6,13; 3:4, 23;4:10, 17, 23; 

past 6:8; 16:5 5:4, 19,21; 6:6; 7:9, 19; 

payment 9:24; 10:15; 8:3,12,14, 19,25; 9:25; 

12:2 10:5,7; 14:14,20; 15:18; 

pending 4:2;6:15; 16:4: 16:11,15,19; 17:8, 14; 

18:16,20 17:23; 18:10, 12 proposing 2:25 people 5:25 

percent 15:15 

Protection 5:12; 18:7 

perform 16:14 provide 2:3; 3:12; 12:13; 

performance 16:16; 

13:11; 16:8, 10; 17:19 

provided 4:23; 16:12; 17:1,5 17:2; 18:11 

period 3:22: 15:8,8 provision 8:21;9:7,13, periodic 17:7 23; 10:3, 19; 11:2, 5; 12:1, 

permit 2:19; 3:4,6,7,11; 5,12,15; 13:17,21 

6:14,20;7:13,15;8:1,20; provisions 6:21; 14:22 

9:10,22; 11:4,7,9,12,15. PTC 6:4, 19,22; 7:12,15; 16,18,25; 12:2, 17,20. 

23,24;13:2.8,8,19,22, 8:21,22;9:3,16,17,18, 

25; 14:3,6,6.9; 15:2, 10, 21,24; 10:4,15,21; 11:2, 

4,6,6; 12:7; 13:18,21,22; 14,25; 16:4; 17:10,22, 24; 14:24: 15:14,24; 16:3,9; 18:1,10,12 17:10,25; 18:9 

permits 2:22, 22, 23; 3:3; PTCs 4:19; 6:9; 7:6, 19, 4:19,20; 6:9,10,11,12, 

17,22; 7:6,21,23;8:6,9, 25;8:5,9;9:16; 14:17,21; 

17; 10:25; 14:17,21; 15:16; 16:17; 17:4,21; 

15:17,18; 16:9, 17; 17:4; 18:5 

18:5 public 3:21; 4:22,24; 

permitted 12:4 15:4,8 

permitting 2:16, 19; publication 1:18 

16:12 published 4:17; 5:5 

persists 6:20 purpose 2:17

,-"'erson 1:25 pursuant 5:11; 13:8 

,ersons 1:20; 2:7, 25 

Phyllis 2:8, 11 Q

place 1:10 

point 9:6; 10:11 qualified 3:9 

pollutant 3:1; 10:6 Quality 2:12, 16, 18; 3:19, 

25; 4:16;6:11; 15:20; 16:1, 

2; 18:21 

R 

--' 

R 4:12; 18:24 

R-u-s-h 4:12 

raised 7:16 

rather 11 :22 

read 5:16;9:8; 11:23; 

12:15 

reasonable 7:10,19,23; 

8:13; 16:25 

reasoned 16:11 

reasons 6:6; 16:7 

Receipt 11:1; 13:16; 14:1 

receipts 11:10 

receive 1:10 

received 2:20; 3:17,21 

recommendation 4:1 

recommended 4:3 

record 1:5,6; 19:7, 15 

recorded 2:2 

reduce 15:13 

reduction 3:13; 15:18 

reference 12:25 

references 3:16 

reflected 6:2 

refund 15:15 

register 3:9 

registration 3:8 

registrations 2:23 

Regrettably 7:4 

regulated 2:17, 24; 10:6 

regulation 5:11; 17:15 

regulations 5:16; 17:20 

reliance 18:3,6 

remains 16:4 

reports 17:4 

represented 6:3 

represents 5:7 

requested 12:17 

requests 9:7; 10:11; 

12:11; 13:6; 14:18; 16:14 

require 6:22;9:18; 10:15, 

21: 12:22 

required 1:16; 3:2,13; 

7:20; 9:3,11,17; 11:19; 

13:7; 14:9,22; 15:5, 13, 16 

requirement 13:4; 16:19 

requirements 1:19; 13:9; 

16:8; 17:12; 18:4,5,6,8 

requires 8:21; 9:20,23; 

12:1,19; 18:8 

requiring 10:16 

resolution 4:6 

Resources 18:25 

respectively 18:23 

response 3:22; 18:19; 

19:12 

rest 17:18 

result 5:17; 15:12 

resulted 2:15 slow 6:11 

resulting 7:8 solely 11:3, 13, 13; 13:3, 

retroactive 17:14,20 18; 14:4 

retroactively 17:14 source 11 :12; 12:7,22; 

revenue 8:4 13:1; 14:3 

review 6:13, 19;9:4, 11; sources 3:1; 12:6; 13:7 

10:17; 16:14,16,20,22, specific 8:19; 14:13 

24; 17:1,6,7,12 specifically 9:14 

reviews 16:18 specifies 11 :2; 13:17 

revise 12:23; 13:2 spelling 2:4 

revision 13:8; 16:18 state 2:3; 5:8 

revisions 8:24; 9:21 statement 1 :23; 2:6; 6:2 

Richard 4:12; 18:24 states 9:2 

rise 2:16 stating 10:19 

rollover 12:8 stationary 3:1; 11:11; 

12:22; 14:3 roster 1:21; 2:7; 19:14 

rule 1:24;2:1,6,13, 18, statutory 17:16 

23;3:3,4,7,14,15,16,23; strategic 18:2 

4:2,3,10,17,21; 8:19; struck 11:22; 14:12 

10:12,19,23; 11:1,25; structure 4:18; 5:18 

12:11,14; 13:9, 15, 16; structured 3:12 

16:21,21 subject 5:10, 18 Rules 1:11;4:23;5:4,5, submission 8:25; 15:1 13,15,21; 6:21; 7:10; 8:3, 

12,25; 14:14,20; 15:20; submit 8:22; 18:18 

16:3,19; 17:14; 18:16, 21 submitted 5:2; 17:6; 

Rush 4:10, 11,12; 18:24; 18:23; 19:3,6 

19:2,8 submitting 3:18 

Rush's 19:3 Subsection 13:15 

substantial 6:18; 9:20 

S substantive 9:20; 12:19 

suggest 14:11 

sake 13:13 suggestions 18:17 

same 16:13 suggests 10:18; 11:8; 

12:15; 13:24 schedule 16:16,20,24 summarizing 1:24 

schedules 3:6, 11 support 2:20; 11:15; 14: 

second 9:22; 15:23 

Section 1:17; 3:13,15; supported 11:17; 14:8 

8:20 supports 9:2 

Sections 3:10 

seeking 12:7 T

sensitive 5:23 

sensitivity 6:1 technical 11:14; 14:4 

sent 19:14 term 4:17 

September 1:17;4:15; terms 7:20 

5:5 testify 19:11 

service 17:2 testimony 2:13 

services 16:12 Thirty 15:7 

session 4:5 throughout 5:8 

set 1:10 Thus 16:3 

Several 17:23 tied 14:20 

shall 7:3; 11:3, 10, 13, 16; Tier 2:22;3:7;4:19;6:4,9, 

13:18; 14:2,4,7 19,22; 7:6, 13, 15, 22, 25; 

shortfall 6:4 8:5,9; 10:25; 11:4,7,16, 

show 1:6; 14:11 25; 12:2,6, 12; 17, 20, 23, 

sign 1:21 24; 13:7,8,17,19,22,25; 

sign-In 19:14 14:6,17,21,24; 15:14, 17, 

25; 16:4, 9,17; 17:4, 10, 

signed 19:5 22,24; 18:1, 5, 10 

significant 5:20 timellnes 6:23: 7:2, 2; 

six 6:16 8:11; 15:24; 16:5 

skeptical 6:5 timeliness 7:8; 14:21 

skepticism 6:7 timely 1:18; 6:8; 8:5,16; ~, ~.~ 

-

5 

Tucker &: Associates (208) 345-3704 MIn-U-Script® 
Docket No. 58-0101-0104 Rules for the Control ofAir Polution 


October 9, 2001 Board of Environmental Quallty, Idaho 


16:9, IB; 17:3 

Title 6:10,12,13,16; 

11:19; 14:9 

today's 3:1B 

Together 7:24 

total 10:7 

towards 11:14; 14:4 

trade 5:6 

transcript 3:20 

trigger 13:5 

true 18:12 

trying 11 :23 

Tuesday 1:2 

two 4:22; 16:21 

typographical 9:4; 

10:14,20,23; 12:8 

u 


ultimately 16:10 

uncertainty 5:24 

under 3:10; 11:19; 12:21, 

25; 14:9.22; 15:20 

University 17:17 

unless 15:4 

upon 2:7; 4:4, 8; 9:25; 

12:3 

Usage 11:1; 13:16 

use 11:5; 13:21 

used 8:15; 11:3, 13,17; 

13:1B; 14:4,7; 16:24 

v 


V6:10,12,13,16; 11:19; 


14:9;17:17 


vein 16:13 


Vice·President 4:13; 


18:24 

w 


warrant 10:17 

warranted 8:15; 12:18; 

15:19; 16:25; 17:8 

warrants 8:1 

WEEKS 1:4,7;4:7; 19:2, 

willingness 13:10; 18:15 

wish 19:11 

within 3:16;6:23;7:6,15; 

8:11; 14:25; 15:1,9 

word 11:13 

work 7:20 

Written 1:12;3:21;5:2,3, 

14;6:25;9:1; 11:21; 14:11, 

23; 15:6; 17:19; 18:18; 

19:3 

y 

year 4:21 - years 6:5,16; 16:21; 

17:25 

-

Title - years (4) Tucker &: Associates (208) 345~3704

10 
. -212 

-


REPORTER'S CERTIFICATE 

STATE OF IDAHO 

ss. 

County of Ada 

I, Amy Schaufelberger, a Notary Public in and for the State of 

Idaho, 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. 

IN WITNESS WHEREOF, I have hereunto set my hand this 

day of &:Ak 12-,2001. 

CSRN 


f ~ ~\ .....~ ('\ ...! f\ 

., "_j \., J ..... 0 
Idaho Association of ~~~.ICommerce & Industry 

The Voice ofBusiness in Idaho® 

October 9, 2001 

Paula J. Gradwohl 

Environmental Quality Section 

Attorney General's Office 

1410 North Hilton 

Boise, Idaho 83706-1255 

Re: 	 Proposed Fee Structure for Permits to Construct and Tier II Operating 


Permits, Docket No. 58-0101-0104 


Dear Ms. Gradwohl: 

On September 5,2001, the Idaho Department of Environmental Quality ("IDEQ") 

published notice of a proposed rule, which will establish a fee structure for processing permits to 

construct ("PTCs") and Tier II operating permits, Docket No. 58-0101-0104 (the "Proposed 

Rules"). See Idaho Administrative Bulletin Vol. 01-9 at 168-206 (September 5, 2001). Earlier 

this year, through the negotiated rulemaking process, IDEQ held two (2) public meetings on the - Proposed Rules and provided an opportunity for public comment. The Idaho Association of 

Commerce and Industry ("IACI") attended those meetings, held June 22, 2001, and June 29, 

2001, and submitted written comments on July 3, 2001. IACI now offers additional written 

comments on the Proposed Rules, published on September 5, 2001. 

IACI is the leading trade association of Idaho business and represents nearly three 

hundred (300) companies throughout the state. These companies are engaged in diverse 

industrial and commercial enterprises and many own and operate facilities subject to regulation 

by IDEQ pursuant to the Idaho Environmental Protection and Health Act (the "EPHA"), Idaho 

Code Sections 39-101 through 39-129 (Supp. 2001), and the Rules for the Control of Air 

Pollution in Idaho (the "Air Pollution Control Rules"), IDAPA 58.01.01 et seq. As a result, 

many ofIACI's member companies will be subject to the fee structure being proposed by IDEQ. 

Consequently, lAC I and its members have a direct and significant interest in the Proposed Rules. 

General Comments 

IDEQ has represented that it expects a shortfall in PTC and Tier II funding in corning 

years. IACI is nevertheless skeptical of the reasons and necessity for the proposed fees. IACI 

feels its skepticism is justified given industry's past experience with IDEQ's inability to timely 

process PTCs, Tier II operating permits and Title V operating permits. The processing ofthose 

air quality permits has been slow and costly due to inefficiencies promulgated by IDEQ, as the - agency overanalyzes and rewrites permits and fails to make timely decisions. Prime examples 

, "~i n of '""7 

BOISE-1307651 0099999-	 \.; ''''; t .. _: .Jo... 1 

p.o. Box 389 • Boise, 10 83701 • (208) 343-1849 • FAX 338-5623 
-
 are outstanding Title V permits-IDEQ has completed review of fourteen (14) out ofsixty-two 

(62) Title V permit applications, the majority of which have been pending before the agency 

since 1995. IDEQ has taken over six (6) years to issue those fourteen (14) Title V permits at a 

cost of over twelve million dollars ($12,000,000). 

A substantial backlog also exists in IDEQ's review ofPTC applications and Tier II 

permit applications. This backlog persists despite provisions in the Air Pollution Control Rules, 

which require IDEQ to issue PTC and Tier II permits within established timelines. See IDAP A 

58.01.01.209.01; IDAPA 58.01.01.404.01. While there is some flexibility contained in those 

timelines, they are timelines nonetheless, which IDEQ "shall" comply with or "will" comply 

with. Regrettably, it has been IACI's experience that IDEQ has not shown ability to process and 

issue PTCs and Tier II permits within the time limitations ofIDAPA 58.01.01.209.01 and 

IDAPA 58.01.01.404.01. Based on this inability, IDEQ's lack oftimeliness and the resulting 

backlog, IACI finds it difficult to consider the fees in the Proposed Rules reasonable, given the 

level of service provided to industry in the past. 

According to IDEQ calculations, the cost to process and issue a PTC is, on average, 

eleven thousand, three hundred and fifty-nine dollars ($11,359); a Tier II operating permit 

averages fifteen thousand, seven hundred and sixty-nine dollars ($15,769) to process and issue. 

IACI believes that inefficiencies within IDEQ's PTC and Tier II permit programs have 

artificially impacted and raised those costs. Again, it is difficult to determine whether the 

application and processing fees proposed for PTCs are reasonable or excessive, in terms ofthe 

work and labor required for the issuance of the permits. Likewise, it is difficult to determine if 

the processing fees for Tier II permits are reasonable or excessive. 

Together, the lack oftime and cost efficiency in processing PTCs and Tier II permit 

applications warrants greater accountability from IDEQ-an element that is lacking from the 

Proposed Rules-before adoption of additional revenue measures. There is no incentive for 

IDEQ to timely and efficiently issue PTCs and Tier II permits once an application has been 

made. This lack of accountability and incentive is a great concern to lACI and its members. 

Delay in the issuance ofPTCs and Tier II operating permits has been costly to applicants. IACI 

believes that IDEQ must be held to the established timelines within the Air Pollution Control 

Rules, ifthe proposed fees are to be "reasonable." See Idaho Code § 39-119 (authorizing IDEQ 

"to charge and collect reasonable fees"). If IDEQ is to adopt the proposed fees, those fees must 

be warranted and used effectively in the timely and efficient issuance ofthe permits. 

Specific Comments on the Proposed Rules 

224. PERMIT TO CONSTRUCT APPLICATION FEE. This provision requires PTC 

applicants to submit a $1000 fee with the PTC application. 

Comment: lACI appreciates the revisions IDEQ made to the Proposed Rules following the 

submission ofIACI's July 3, 2001 written comments. lACI supports the additional language, 

- which states that the PTC application fee is not required for exemption review, typographical 

errors and name changes. 

BOISE-130765.l 0099999­ 2 
-


Comment: As a point of clarification, however, IACI requests that the provision exempting 

name changes from the application fee read: ''Name or Ownership Change. A change in the 

name or ownership ofthe holder ofa permit to construct when no other review or analysis is 

required." While in some cases a name change may include an ownership change, IACI believes 

the provision should be clarified to specifically apply to ownership changes. As IACI 

commented earlier, because PTCs are not transferable, new owners are required to apply for a 

new PTC. A change of ownership should not require a PTC application fee, given that such a 

change likely requires no substantive modification or revision to the existing PTC. 

225. PERMIT TO CONSTRUCT PROCESSING FEE. This provision requires the payment 

of a PTC processing fee of two hundred and fifty dollars ($250) to ten thousand dollars 

($10,000) depending upon the level ofproposed emission increases. 

Comment: IACI appreciates the language added to this provision, which clarifies that PTC 

processing fees are calculated by considering the aggregate of all proposed emission increases 

and decreases ofregulated pollutant emissions and not the total of all proposed emission 

increases. In addition, IACI appreciates the express exclusion of fugitive emissions from the fee 

calculation. 

Comment: As an additional point, lAC I requests that Rule 225 make it clear that exemption 

applicability determinations, corrections oftypographical errors, and name and ownership 

changes do not require the payment ofPTC processing fees. Such minor changes, requiring no ­ other review or analysis, do not warrant a processing fee oftwo hundred and fifty dollars ($250). 

IACI suggests that IDEQ add a provision to Rule 225 stating that exemption determinations, 

typographical error corrections and name or ownership changes do not require a PTC processing 

fee. This clarification is consistent with Rule 407.02, which excludes typographical error 

corrections and name changes from the fees associated with processing Tier II permits. 

227. RECEIPT AND USAGE OF FEES. This provision specifies that PTC application and 

processing fees shall be used solely for IDEQ's PTC and Tier II permit programs. 

Comment: IACI appreciates the language ofthis provision which limits use ofPTC application 

and processing fees to the PTC and Tier II permit programs. However, IACI believes this 

language should be clearer. IACI suggests the following clarification: "Permit to construct 

application and processing fee receipts shall be deposited by the Department into a stationary 

source permit account. Monies from this account shall be used solely towards technical, legal 

and administrative support ofthe Department's air quality stationary SOtlrce permit to construct 

and Tier II permit programs except and shall not be used for those activities supported by the 

fund created for implementing the operating permit program required under Title V ofthe federal 

Clean Air Act amendments of 1990." 

407. TIER II OPERATING PERMIT PROCESSING FEE. This provision requires the 

payment of a Tier II operating permit processing fee of five hundred do lIars ($500) to ten 

thousand dollars ($10,000) depending upon the level ofpermitted emissions. ­

BOISE·130765.1 0099999· 3 
-
 Comment: IACI appreciates the provisions added by IDEQ which exempts sources from Tier II 

processing fees, where the source is seeking a PTC rollover, a correction of a typographical error 

and a name change. 

Comment: However, consistent with its earlier comments to Rule 224, IACI requests that the 

provision exempting name changes from the Tier II processing fee provide for the exemption of 

ownership changes, as well. See Rule 407.02(c). IACI suggests that the provision read: "A 

change in the name or ownership ofthe holder of a Tier II operating permit is requested." Fees 

are not warranted for a change ofownership, which likely requires no substantive change to the 

existing Tier II permit. 

Comment: Under certain circumstances, IDEQ may require a stationary source or facility to 

obtain a Tier II operating permit or revise an existing Tier II permit. See IDAP A 

58.01.01.401.03. Under those circumstances, the obligation ofthe source or facility to obtain or 

revise the operating permit is involuntary and based solely on the discretion ofIDEQ. See 

IDAPA 58.0 1.0 1.401.03 (a) and (b). This involuntary requirement should not trigger the 

assessment of processing fees. IACI requests that IDEQ include language exempting sources or 

facilities required to obtain a Tier II permit or a Tier II permit revision, pursuant to IDAP A 

58.01.01.401.03, from the fee requirements ofRule 407. 

Comment: IACI also appreciates IDEQ's willingness provide language excluding fugitive 

emissions from the fee calculation. See Rule 407.02(d). However, for the sake of clarity, IACI 

- believes that the language should be moved to the end of Subsection .01 ofRule 407. 

409. RECEIPT AND USAGE OF FEES. This provision specifies that Tier II processing fees 

shall be used solely for IDEQ's PTC and Tier II permit programs. 

Comment: IACI appreciates the language ofthis provision which limits use ofPTC application 

and processing fees to the PTC and Tier II permit programs. However, IACI believes this 

language should be clearer. IACI suggests the following clarification: "Tier II operating permit 

processing fee and delinquency interest receipts shall be deposited by the Department into a 

stationary source permit account. Monies from this account shall be used solely towards 

technical, legal and administrative support ofthe Department's air quality statiofiat)' SOl:lfeC 

permit to construct and Tier II permit programs exeept and shall not be used for those activities 

supported by the fund created for implementing the operating permit program required under 

Title V ofthe federal Clean Air Act amendments of 1990." 

Additional Specific Comments on the Proposed Rules 

In keeping with IACI's beliefthat IDEQ must be held accountable for the inefficiencies 

in time and cost associated with the issuance ofPTCs and Tier II permits, if fees are to be 

established, IACI requests that certain incentives for IDEQ be included in the Proposed Rules. 

Incentives can easily be tied to the timelines for issuing PTCs and Tier II permits, as required by

- IDAPA 58.01.01.209.01 and IDAPA 58.01.01.404.01, respectively. Under those provisions, 

IDEQ must determine whether a PTC or Tier II application is complete within thirty (30) days of 

BOISE-130765.l 0099999· 4 
submission. IDAPA 58.01.01.209.01 (a); IDAPA 58.01.01.404.01(a). Within sixty (60) days of 

the completeness determination, IDEQ must issue a draft permit or approve, conditionally 

approve or deny the application, unless an opportunity for public comment is required or deemed 

necessary. IDAPA 58.01.01.209.01(b); IDAPA 58.01.01.404.01 (b). Thirty (30) days are then 

allowed for the public comment period, followed by a forty-five (45) day period within which 

IDEQ must either approve, conditionally approve or deny the permit. IDAP A 

58.01.01.209.01 (c)(iv) and (v); IDAPA 58.0L01.404.01(c)(iv) and (v). 

Failure to comply with those time limitations should result in the following actions by 

IDEQ. First, IDEQ should be required to reduce its assessment of calculated PTC and Tier II 

permit processing fees by fifty percent (50%). No refund would be required since the processing 

fees for both PTCs and Tier II permits are due after IDEQ has issued the permits. This reduction 

of the proposed processing fees is warranted given IDEQ's obligations under the Air Quality 

Control Rules and the additional economic and business costs incurred by the applicant due to 

any delay. Second, IDEQ's failure to meet the prescribed timelines for issuance of a PTC or a 

Tier II permit should obligate the agency to inform the Board ofEnvironmental Quality (the 

"Board") ofits lack of compliance with the Air Quality Control Rules. Thus, for each PTC 

application and Tier II permit application that remains pending past the timelines of IDAP A 

58.01.01.209.01 and IDAP A 58.01.01.404.01, respectively, IDEQ should inform the Board ofits 

failure to comply, along with the reasons for the failure. These requirements would provide 

IDEQ with incentives to issue PTC and Tier II permits in a timely and efficient manner and 

ultimately provide a more reasoned basis for the proposed fees and the costs ofthe permitting 

service provided by IDEQ. 

In addition, in this same vein, IACI requests that IDEQ perform an accounting review of 

the fees collected as part ofthe proposed fee schedule and a performance review oflDEQ's 

efforts to process and issue PTCs and Tier II permits in a timely manner. These reviews would 

be a revision ofthe current requirement in the Proposed Rules that IDEQ "will review the [] fee 

schedule at least every two (2) years." See Rule 227; Rule 409. The accounting review should 

include an assessment ofhow the collected fees are allocated and used and a review ofthe fee 

schedule itself to determine ifthe fees are reasonable and warranted considering IDEQ's budget. 

The performance review should consider the service provided by IDEQ and whether IDEQ is 

timely and efficient in processing and issuing PTCs and Tier II permits. The reports generated 

from the accounting and performance reviews should be submitted to the Board on a biannual 

basis. This periodic review will assure the proposed processing fees are warranted and document 

IDEQ's progress in improving the efficiency ofthe PTC and Tier II operating permit programs. 

Both IDEQ and industry will benefit from such review requirements. 

IACI also asks that IDEQ not apply the Proposed Rules retroactively. The retroactive 

application ofregulations is not favored absent an express statutory grant of authority to the 

contrary. Bowen v. Georgetown University Hospital, 488 U.S. 204, 208, 109 S.Ct. 468, 102 

L.Ed.2d 493 (1988). The EPHA does not provide for the retroactive application of regulations. 

Furthermore, currently, hundreds ofPTCs and dozens ofTier II permit applications are pending 

before IDEQ. Several ofIACI's members have Tier II permit applications before IDEQ, which 

have been outstanding for over five (5) years. PTC and Tier II permit applications and the ­

contents ofthose applications involve strategic economic and business decisions that are made in 

BOISE-130765.1 0099999­ 5 
-- reliance of established legal requirements-for PTCs and Tier II permits. Reliance on those 

existing legal requirements is legitimate and deserves protection, and any modification to those 

legal requirements requires fair notice, something applicants with PTC and Tier II permit 

applications currently pending before IDEQ have not been provided. This is especially true 

considering that pending permit applications are waiting processing and issuance due to no fault 

ofthe applicants themselves. 

lAC I appreciates IDEQ's willingness to incorporate into the Proposed Rules its previous 

suggestions of July 3, 2001. IACI also appreciates the opportunity to submit additional written 

comments and looks forward to IDEQ's responses to these comments. lACI will follow the 

Proposed Rules through the Board ofEnvironmental Quality's meeting in November 2001. 

Respectfully, 

Richard R. Rush 

Vice-PresidentIN atural Resources 

Idaho Association of Commerce and Industry 

-


-


BOISE-130765.1 0099999­ 6 
SIGN-IN ROSTER FOR PUBLIC HEARING 


Rules for the Control of Air Pollution in Idaho 


DOCKET NO. 58-0101 -0104 


LOCATION: DEQ Conference Center, 1410 N. Hilton, Boise, Idaho 

DATE: October 9, 2001 

NAME MAILING ORGANIZATION DO YOU WISH 

(PLEASE PRINT) ADDRESS REPRESENTED TO TESTIFY? 

(IF ANY) (YES/NO) 

;&vl/IJ &~&F /?cJ.I3dl//tJ'6 

~f>~ )(/0 P1 )16~AlG'5 ;:::-:1> C).JO T-/ /

(~/encl6- Eml,sa...11 ]:r· 732;/ '/CX)O - 98 

II !/a.'1~1'1 bk/ :;.:;:z:; B 3B 3 S­ )}ew~~Jc 'J:~ v.\») <'('ld~ /(WIIl~~ < k fM C~V\cJ) \<~si \/t?­ '?ul$, '" "?>tl ~I~ n. i?3 7~1 I 

ette4Si?J~~ p~ ~~c5t.-- eli \Ie.5 

lol 'S. CHtfav ?.J\Y-S( 1cro S3c,,,,

Ie-­ ~ 

-. 

-


" '~~)0? "-.}'.' _,,,,,v EXHIBIT ,.f5 ' " 

~'£r:~ !WE'./O'...-f 0) 

. , .,£Fe;" 
STATE OF IDAHO 


DEPARTMENT OF ENVIRONMENTAL QUALITY 


RESPONSE TO PUBLIC COMMENTS 


RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO 


(Application/Processing Fees for Permits to Construct, 


Tier II Operating Permits, Permits by Rule) 


DOCKET NO. 58-0101-0104 


The purpose of the rulemaking is to better match the level of funding available to the IDEa permitting 

program to the level of permit applications received. The fees will support, in part, the costs to IDEa of 

processing applications for permits to construct (PTC's), Tier" operating permits, and registrations for 

permits by rule, allowing the agency to better meet the needs of the regulated community. IDEa held two 

negotiated rulemaking meetings on the Proposed Rule in June, 2001. A public hearing was held on 

October 9, 2001 with a public comment period from September 5, 2001 through October 9, 2001. The 

following narrative summarizes the comments received and IDEa's response to those comments. 

PUBLIC COMMENTS AND IDEQ RESPONSES 

Interstate Concrete & Asphalt 

Comment 1: It seems as though a set fee of $500 for a permit with an additional fee of 

$30 per ton of potential permitted emissions would be an adequate and 

fair fee. Under this structure, a facility that emits more would pay more 

and vice versa. This structure could be used for new permits and permit 

modifications 

IDEQ Response: IDEO considered a set fee and per ton option as suggested by the 

commenter. After analysis, IDEO determined a per-ton fee does not 

incorporate consideration of the workload and complexity involved in 

processing different types of permits. In addition, the Department has 

determined the tiered structure provides an incentive for emission 

reduction as required under Idaho Code §39-115 and, at the same time, 

is a structure that can be easily and efficiently administered and 

implemented. 

Comment 2: With regard to the Permit By Rule option for Nonmetallic Mineral 

Processing Plants, all plants, stationary or portable, should pay equal 

fees. It is the individual company's decision to remain at a stationary 

location or operate as a portable. Each company is baSically operating 

the same type of equipment to produce the end product. 

IDEQ Response: Companies that choose to operate their facilities in permanent locations 

are subject to more complex permitting requirements and review than 

portable sources under Idaho statute and Department rule. If a portable 

rock crushing facility chooses to register under the Permit By Rule option, 

both th'e facility and IDEQ will have to invest less resources than would be 

required to prepare and process a permit application. The Permit By Rule 

option does not change the facility's obligation to meet air quality 

requirements or IDEQ's responsibility to ensure compliance is 

maintained. 

RESPONSE TO PUBLIC COMMENTS - 1 
Comment 3: 

IDEQ Response: 

Comment 4: 

IDEQ Response: 

CommentS: 

IDEQ Response: 

Tier II Operating Permit fees could be structured in the same fashion as 

the PTC fees. If IDEO engineering was needed there would be a set 

hourly fee that could be agreed upon or the facility may opt to hire an 

outside engineer to compile the needed information. 

While consistency is desirable between the two types of permitting fee 

structures, the Tier II Operating Permit process is very different from the 

Permit to Construct process. The type of actions and facilities that require 

Tier II permitting are more complex and, therefore, time-consuming. 

Regarding using hourly fees for engineering time, IDEO explored this idea 

but decided on a structure that is easy to administer from an accounting 

standpoint and that does not involve a complex and time-consuming 

process to establish and track hourly fee rates. If, in the future, IDEO 

initiates a rulemaking to streamline the operating permit program, this 

topic may be reconsidered. 

Section 225 - Permit to Construct Processing Fee. Say we were to seek 

a change in fuel for our plant as we have just completed. We would have 

to apply for a PTC costing $1,000.00 because ours was an old permit 

written in the old form. Then we would have to pay the process fee of 

$5,000.00. Now, if you add both of these to the $4,000.00 that we had to 

pay to a private engineering firm because the State could not handle the 

permit load, we would end up with a whooping $10,000.00 outlay just to 

able to burn a different fuel to help conserve natural gas. Now to look at 

the other side of the story, if the state were to use the process fee of 

$5,000 in the form of doing the necessary engineering and were able to 

complete it in a timely fashion, then it would take some of the bite out of 

the process fee. If this is not used for permit engineering then what is the 

justification of such a large fee? 

IDEO will use these monies to partially fund IDEa's non-Title V permitting 

activities. The fees collected will be combined with federal grant dollars 

and general fund appropriations to support the program. The fees will 

allow the agency to keep up with the permit needs of the regulated 

community and avoid repetition of the situation where applications have 

to be backlogged. 

Section 225 - Permit to Construct Processing Fee Chart. Under this 

section there is a General Permit fee of $500.00 and then a New Source 

fee of $1,000.00. What is the difference since the New Source fee covers 

a source that emits less than one ton per year? Is the General permit 

required for a facility that emits zero emissions? 

In the context of Section 225, "General PermW is defined as a source 

category specific permit for which IDEO has developed standard emission 

limitations, operating requirements, monitoring and record keeping 

requirements, and that require minimal engineering analYSis. General 

permit facilities may include portable concrete batch plants, portable hotmix asphalt plants and portable rock crushing plants. IDEO is proposing 

to add this language to the Proposed Rule for clarification. If a facility 

RESPONSE TO PUBLIC COMMENTS - 2 

c 
--

qualifies for a "General Permit," a $500.00 processing fee will be payable - regardless of the annual emissions rate 

Comment 6: 	 Section 226 - Payment of Fees for Permits to Construct. This section 

says that the processing fee is payable upon receipt of an assessment. 

At what point in the process does this assessment occur? Is the PTC 

issued at the time of payment? 

IDEQ Response: 	 The processing fee assessment will be sent to the applicant prior to the 

time the Permit to Construct is issued. The permit will be issued upon 

receipt of payment as set forth in Section 226.02. 

Comment 7: 	 Section 407 - Tier" Operating Permit Processing Fee. Is there a 

$1,000.00 application fee for the Tier II operating permit? 

IDEQ Response: 	 The Proposed Rule does not include an application fee for Tier II 

operating permits. DEO is proposing to delete the existing $500 

application fee for Tier II permits. 

CommentS: 	 Section 407 - Tier II Processing Fee Chart. There is a General Permit fee 

and again a stationary source or facility with permitted emissions of less 

than one ton per year. Again, what separates or defines the difference? 

IDEQ Response: 	 In the context of Section 407, "General Permit" is defined as a source 

category specific permit for which IDEO has developed standard emission 

limitations, operating requirements, monitoring and recordkeeping 

requirements, and that require minimal engineering analysis. IDEO is 

proposing to add this language to the Proposed Rule for clarification. If a 

facility qualifies for· a "General Permit." a $500.00 processing fee will be 

payable regardless of the annual emissions rate 

Comment 9: 	 Section 407 - Tier II ProceSSing Fee Chart. Does it mean that if a 

company were to add a silo, it would be charged a processing fee of 

$5,000.00 if its permitted emissions fall between 10 and 100 tons per 

year? If so, it could be conceivable that a company could be taxed 

$10,000.00 in one year if there was a permit modification and renewal fee 

in the same year. 

IDEQ Response: 	 If the permittee chooses to treat these as two separate actions, the fee 

could be $10,000 in one year. If the facility combines these two actions in 

one submittal, there would only be a single fee of $5,000.00 provided the 

facility is in the referenced emission category. 

Idaho Association of Commerce & Industry 

Comment 10: 	 Failure by DEQ to comply with regulatory time frames for processing 

permits should result in: (1) reduction in the assessment of processing 

fees by fifty percent (50%); and (2) obligation by the agency to inform the 

Board of Environmental Quality of DEQ's lack of compliance with the 

rules along with the reasons for failure. 

RESPONSE TO PUBLIC COMMENTS - 3 
IDEQ Response: 

Comment 11: 

IDEQ Response: 

Comment 12: 

IDEQ Response: 

Comment 13: 

The rule should include a requirement for an accounting review to include 

an assessment of how the collected fees are allocated and used and a 

review of the fee schedule itself to determine if the fees are reasonable 

and warranted. The reports generated from the accounting and 

performance reviews should be submitted to the Board on a biannual 

basis. 

The Proposed Rule was developed as authorized under Idaho Code 39­

115. The fees generated by the new structure are intended to partially 

fund IDEQ's non-Title V permitting activities and will be combined with the 

federal grant dollars and general fund appropriations to support the 

program. The fees will allow the agency to keep up with the permit needs 

of the regulated community and avoid repetition of the situation where 

applications have to be backlogged. 

The Proposed Rule states that IDEQ will review the fee schedule at least 

every two years. The Air Quality Permitting Program submits reports to 

the Board of Environmental Quality and the Idaho Legislature and the 

Environmental Protection Agency (EPA) as requested. IDEQ is 

accountable to those entities. IDEa's Director, Board and EPA are 

routinely updated on program activities. In their oversight roles, the these 

entities have the option of requesting more frequent reports or updates. 

Similarly, the Permitting Program responds to any and all requests it 

receives from the Legislature. It is unnecessary to include these inherent 

accountabilities in the Rule. 

The Proposed Rule should not apply retroactively. 

The proposed effective date of the 'rule has been changed. A fee will be 

payable on applications received or permits issued after July 1, 2002. 

This time frame should give facilities ample time to budget for the new fee 

structure and evaluate their business decisions. 

Section 224 - Permit to Construct Application Fee. IACt requests that 

the provision in subsection 03 exempting name changes from the 

application fee read: "Name or Ownership Change. A change in the 

name or ownership of the holder of a permit to construct when no other 

review or analysis is required." 

IDEO believes that generally when a change in ownership is requested, 

some review and analysis is required; however, there may be an 

occasion when such is not the case. Consequently, IDEO has made the 

requested revision. 

Section 225 - Permit to Construct Processing Fee. IACI requests that the 

Rule 225 make it clear that exemption applicability determinations, 

corrections of typographical errors, and name and ownership changes do 

not require the payment of PTC processing fees to make this Section 

consistent with Section 407.02. 

RESPONSE TO PUBLIC COMMENTS - 4 
IDEQ Response: 

Comment 14: 

IDEQ Response: 

Comment 15: 

IDEQ Response: 

Comment 16: 

IDEQ Response: 

Comment 17: 

IDEQ Response: 

Comment 18: 

IDEO has added an additional line in the Permit to Construct Processing 

Fee table to incorporate this comment. 

Section 227 - Receipt and Usage of Fees. IACI believes the language 

should be clearer and suggests "Permit to construct application and 

processing fee receipt shall be deposited by IDEO into a stationary 

source permit account. Monies from this account shall be used ~ 

toward technical, legal and administrative support of IDEa's air quality 

stationary source Permit to Construct and Tier II permit programs except 

and shall not be used for those activities supported by the fund created 

for implementing the operating permit program required under Title V of 

the federal Clean Air Act amendments of 1990." 

IDEO has made the requested revision. 

Section 407 - Tier II Operating Permit Processing Fee. IACI suggests 

that the provision in subsection 02.c exempting name changes from the 

processing fee read: "A change in the name or ownership of the holder of 

a Tier II operating permit is requested; or". 

IDEO believes that generally when a change in ownership is requested, 

some review and analYSis is required; however, there may be an 

occasion when such is not the case. Consequently, IDEO has made the 

requested revision. 

Section 407.02.d. - Tier II Operating Permit ProceSSing Fee Not 

Required. IACI believes the fugitive dust language should be moved to 

the end of Section 407.01 for clarity. 

IDEO has made the requested revision. 

IDEO may require a stationary source or facility to obtain a Tier II 

operating permit or revise an existing Tier II permit. Under these 

circumstances, the obligation to obtain or revise the permit may be 

involuntary. This involuntary requirement should not trigger the 

assessment of processing fees. IACI requests IDEO include language 

exempting facilities required to obtain a Tier II permit or revision from the 

fees. 

IDEO appreciates IACI's concern and it is because of the issues raised 

that there is no proposed application fee for Tier II operating permits. 

There is, however, a workload involved with processing a Tier II permit. 

If, in the future, IDEO initiates a rulemaking to streamline the operating 

permit program, this topic will be reconsidered. 

Section 409 - Receipt and Usage of Fees. IACI believes the language 

should be clear and suggests "Tier II operating permit processing fee and 

delinquency receipts shall be deposited by IDEO into a stationary source 

permit account. Monies from this account shall be used toward 

technical. legal and administrative support of IDEa's air quality stationary 

source Permit to Construct ~nd Tier II permit programs except and shall 

RESPONSE TO PUBLIC COMMENTS - 5 
not be used for those activities supported by the fund created for 

implementing the operating permit program required under Title V of the 

federal Clean Air Act amendments of 1990. n 

IDEQ Response: IDEQ has made the requested revision. 

End of Comments 

-


RESPONSE TO PUBLIC COMMENTS - 6 
MEETING ~~IN SHEET , .-' 

'- ) ~) 

Meeting Title: Permit Fee Rule Meeting 

Meeting Date: June 22,2001 

('::> ;'0. 
MEETING SIGN-IN SHEET 

Meeting Title: Permitting Fee Meeting 

Meeting Date: June 29, 2001 

nE.G. 

':,;?> Jt, V c!5 

313- 0 

II .Ju.\'\e. \'::I6Vsu..c.h, \YM I 1O~ ~ 3CUi .3 qs i J 't ar.( - u +~ <1 i ~%-h IlofCi 


STATE OF IDAHO 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

Board of Environmental Quality 

1410 North Hilton, BOise, 1083706-1255, (208) 373-0502 Dirk Kempthorne, Governor 

C, Stephen Allred, Director 

DECLARATION OF RULEMAKING 


BY THE BOARD OF ENVIRONMENTAL QUALITY 


ADOPTION OF PENDING RULE 


DOCKET NO. 58·0101-0104 


Pursuant to the authority granted to the Board of Environmental Quality in Title 39, Chapter 1, 


Idaho Code, and under the provisions for pending rule adoption contained in Section 67-5224, Idaho 


Code, I declare that the Board of Environmental Quality adopted, as pending rules, the Rules for the 


Control of Air Pollution in Idaho as presented in the attached Final Proposal. 


11-'i-UJO) 

Date airman 

STATE OF IDAHO ) 

) ss. 

County of Ada ) 

On this of November, 2001, before me, the undersigned, a Notary Public in and for 

said State, personally appeared Donald J. Chisholm, Chairman, known to me to be the person whose 

name is subscribed to the within instrument and acknowledged to me that he executed the same. 

IN WITNESS WHEREOF, I have set my hand and affixed my official seal the day and 

year in this certificate first above written. 

;:: t { r, ; .r; (' .~) i t,:- ; 
--

RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO 

PENDING RULE 
 - DOCKET NO. 58·0101·0104 


FINAL PROPOSAL 


The initial proposal appeared in the Idaho Administrative Bulletin, Volume 01·9, September 5, 


2001, pages 168 through 204. The Department of Environmental Quality recommends that the 


Board of Environmental Quality take the following action. 

IDAPA 58.01.01.006 

IDAPA 58.01.01.007 

IDAPA 58.01.01.200 through 202, 209 

IDAPA 58.01.01.224 

IDAPA 58.01.01.225 

IDAPA 58.01.01.226 

IDAPA 58.01.01.227 

IDAPA 58.01.01.228 

IDAPA 58.01.01.300, 322, 380, 387 through 404 

IDAPA 58.01.01.407 

IDAPA 58.01.01.408 

IDAPA 58.01.01.409 

IDAPA 58.01.01.410 

IDAPA 58.01.01.470 

IDAPA 58.01.01.800 

IDAPA 58.01.01.801 

IDAPA 58.01.01.802 

ADOPT AS INITIALLY PROPOSED 

ADOPT AS INITIALLY PROPOSED 

ADOPT AS INITIALLY PROPOSED 

ADOPT AS AMENDED 

ADOPT AS AMENDED 

ADOPT AS tNITIALL Y PROPOSED 

ADOPT AS AMENDED 

ADOPT AS INITIALLY PROPOSED 

ADOPT AS INITIALLY PROPOSED 

ADOPT AS AMENDED 

ADOPT AS INITIALLY PROPOSED 

ADOPT AS AMENDED 

ADOPT AS INITIALLY PROPOSED 

ADOPT AS INITIALLY PROPOSED 

ADOPT AS INITIALLY PROPOSED 

ADOPT AS INITIALLY PROPOSED 

ADOPT AS AMENDED 
RULE PROMULGATION AUTHORITY CHECKLIST 

Rules for the Control of Air Pollution in Idaho, IDAPA 58.01.01 

Docket No. 58-0101-0104 

DATE 

I]U-t(tJ I 

~O\ 

Wnl 

1~O!OI 

01/411

,­

J ~ 

I°{;'v{(O( 

~()I 

INITIALS 

Legal Revi~W o! ProP?s,ed Ad'!'inistrative Rules Form ,J !IJ././ tJp(jfAf[j'tz;t:Jfd'~ 

~ Director ~ppro\lal 01 Propose9 Administrative Rules Form ~ 

, No tr0' 15"*tJtulicfM'1Afo,k~~ 

~r Approval Received from DFM/Governor

i 

fI--f+--~_/ Legal Review of Proposedrremporary Rule Docket 

(!.SA-Director Approval of ProposedfT emporary Rule Docket 

t\/~ Board Adoption of Temporary Rule 

Yrfo Legal Review of Pendingrremporary Rule Docket

~~orApproval of PendinglTemporary Rule Docket 

Board Adoption of Pendingrremporary .Rule 
Docket Number: 58-0101-0104 Effective Date: July 1. 2002 Public Notice 

Negotiated Rule Making: [X] Yes []No 

Rules Title: Rules for the Control of Air Pollution in Idaho Groups Involved: List attached. 

Agency Contact and Phone: Kate Kelly. 373-0445 6/22/01, 6/29/01 

Descriptive Summary: 

Economic growth in Idaho has resulted in a corresponding rise in the air quality permitting needs of 

the regulated community. The purpose of the rulemaking is to better match the level of funding available 

to the Department of Environmental Quality (DEQ) air quality permitting program to the level of permit 

applications received. The fee will support, in part, the costs to DEQ of processing applications for permits 

to construct (PTCs) and Tier II operating permits, and registrations for permits by rule, allowing the 

agency to better meet the needs of the regulated community. Persons proposing or operating existing 

stationary sources of air pollutant emissions and required to obtain construction or operating permits may 

be affected by the rule. 

During its 2001 session, the Idaho Legislature appropriated $310,000 contract funds to DEQ to be used 

by the agency to eliminate the existing permit backlog during FY2002. Without further legislative action, 

this money will not be available in the out years. At the same time, however, the permit workload is 

expected to stay the same or increase. For this reason. as a matter of strategiC planning, DEQ has 

determined that it is prudent to look for a more permanent and stable source offunding. To this end, DEQ 

is proposing this rule adopting a fee structure for air quality permits to construct and Tier 2 operating 

permits. The rule was developed through a negotiation that included affected industries. The fees 

generated by the new structure are intended to partially fund DEQ's non-Title V permitting activities. and 

will be combined with the federal grant dollars and general fund appropriations to support the program. 

These types of fees exist in many other states. The fees will allow the agency to keep up with the permit 

needs of the regulated community and avoid repetition of the situation where applications have to be 

backlogged. 

As proposed, the rule adopts a permit to construct application fee, as well as processing fee 

schedules for calculating permit to construct and Tier II operating permit processing fees. The rule 

also includes a registration fee for owners of qualified facilities opting to register with DEQ under 

Sections 790 through 799 in lieu of obtaining an individual permit. The fee schedules are structured to 

provide an incentive for emission reduction as required by §39-115(3), Idaho Code. This rulemaking 

also includes nonsubstantive corrections to rule section references within the rule chapter. 

DEQ received public comments concerning the proposed rule and has revised the initial proposal 

as allowed under Idaho Code §67-5227. DEQ recommends that the Board of Environmental 

Quality adopt the rule. as presented in the final proposal. as a pending rule with a final effective 

date of July 1, 2002. The rule is subject to review by the Legislature before becoming final. 

Hearings: [X] Yes [] No 

Locations and Dates: 

Boise, 10/9/01 

Written Comment Deadline: 10/9101 

Other Opportunities to Comment: N/A 

Cost Impact: This rule will result in fees paid to the State of 

Idaho by the regulated community. 

Relevant Law: Idaho Code §§ 39-105 ,39-107. 39-115(3), 39-128 

Alternatives: If adopted: Monies will be collected from industries 

required to obtain air quality permits to help support the costs to 

DEQ of maintaining the permit program. Receipt of the fees should 

allow the agency to keep up with the permit needs of the regulated 

community and avoid repetition of a situation where applications 

have to be backlogged due to lack of resources. 

If not adopted: Funds available to DEQ to support the air quality 

permitting program may not keep up with the permit workload. DEQ 

will need to either find a more permanent and stable source of 

program funding, or live with a situation where a backlog of permit 

applications exists. 

, (') Ruler ~ and Public Comment Summary - Page 1 
) 	 L 

Rule 	 [ 1 Necessary to protect public health, safety or welfare 

[ ) Compliance with deadlines in amendments to governing law or federal programs 

[ ] Conferring a benefit 

Docket Number: 58-0101-0104 Effective Date: July 1. 2002 Rules Title: Rules for the Control of Air Pollution in Idaho 

Section Existing Rule Summary Temporary and/or Proposed 

Rule Summary 

Summary of Rule Changes 

Based on Public Comment 

Outstanding Issues 

006 General Definitions. 

Revised references to internal 

citations in defmition of Permit 

No comment received. No 

change. 

None. 

to Construct and Regulated Air 

Pollutant. 

007 Definitions for the Purpose of 

Sections 200 through 223 and 

400 Through 461. 

Revised references to internal 

citation in section heading. 

No comment received. No 

change. 

None. 

! 

200 through Procedures and Requirements Revised references to internal No comment received. No None. 

202 and 209 for Permits to Construct. citations. change. ! 

i 

224 New section. Permit to Construct Application 

Fee. 

sgis sect~n has been changed. ee attac ed response to 

comments. 

None. 

225 New section. Permit to Construct Processing This section has been changed. None. 

Fee. See attached response to 

comments. 

226 New section. Payment of Fees for Permits to 

Construct. 

No change. See attached 

response to comments. 

None. 

227 New section. Receipt and usage of fees. This section has been Changed. None. 

See attached response to 

comments 

228 New section. Appeals. No comment received. No 

change. 

None. 

300 Procedures and Requirements Revised references to internal No comment received. No None. 

322 for Tier I Operating Permits. citations. change. 

380 

387 through 

404 

--

Rulemaking and Public Comment Summary - Page 2 
Section Existing Rule Summary Temporary and/or Proposed 

Rule Summary 

Summary of Rule Changes 

Based on Public Comment 

Outstanding Issues 

407 New section. Tier II Operating Pennit 

Processing Fee. 

Subsection 407.02.a changed 

for clarification; no comment 

received. 

Subsections 407.01 and 

407.02.c have been changed. 

See attached response to 

comments. 

None. 

408 New section. Payment of Tier II Operating 

Pennit Processing Fee. 

No comment received. No 

change. 

None. 

409 New section. Receipt and Usage of Fees. This section has been changed. 

See attached response to 

comments. 

None. 

410 New section. Appeals. No comment received. No 

change. 

None. 

470 Pennit Application Fees for 

Tier II Pennits. 

Deleted. No longer necessary. No comment received. No 

change. 

None. 

800 New section. Registration Fee for Pennit by 

Rule. 

No comment received. No 

change. 

None. 

801 New section. Payment of Fees for Pennits by 

Rule Registration. 

No comment received. No 

change. 

None. 

802 New section. Receipt and Usage of Fees. No comment received. 

Changed for consistency with 

Sections 227 and 409. 

None. 

r) I) Rulemaking and Public Comment Sl - Page 3 
• 


IDAPA 58 - DEPARTMENT OF ENVIRONMENTAL QUALITY 


58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO 


DOCKET NO. 58-0101-0104 


NOTICE OF PENDING RULE 


EFFECTIVE DATE: This rule has been adopted by the Board of Environmental Quality and is 

now pending review by the 2002 Idaho State Legislature for final approval. The pending rule 

will become final and effective July 1, 2002 if the rule is approved by concurrent resolution in 

accordance with Sections 67-5224 and 67-5291, Idaho Code. The rule may be rejected, amended 

or modified by concurrent resolution of the Legislature. 

AUTHORITY: In compliance with Idaho Code Section 67-5224, notice is hereby given that the 

Board has adopted a pending rule. This action is authorized by Sections 39-105 and 39-107. The 

collection offees is authorized by Sections 39-115(3) and 39-119, Idaho Code. 

DESCRIPTIVE SUMMARY: Economic growth in Idaho has resulted in a corresponding rise 

in the air quality permitting needs of the regulated community. The purpose of the rulemaking is 

to better match the level of funding available to the Department of Environmental Quality (DEQ) 

air quality permitting program to the level of permit applications received. The fee wil1 support, in 

part, the costs to DEQ of processing applications for permits to construct (PTCs) and Tier II 

operating permits, and registrations for permits by rule, allowing the agency to better meet the 

needs of the regulated community. Persons proposing or operating existing stationary sources of 

air pollutant emissions and required to obtain construction or operating permits may be affected by 

the rule. 

During its 2001 session, the Idaho Legislature appropriated $310,000 contract funds to DEQ to be 

- used by the agency to eliminate the existing permit backlog during FY2002. Without further 

legislative action, this money wi)] not be available in the out years. At the same time, however, the 

permit workload is expected to stay the same or increase. For this reason, as a matter of strategic 

planning, DEQ has determined that it is prudent to look for a more permanent and stable source of 

funding. To this end, the Board of Environmental Quality has adopted a fee structure for air qua1ity . 

permits to construct and Tier 2 operating permits. The rule was developed through a negotiation 

that included affected industries. The fees generated by the new structure are intended to partially 

fund DEQ's non-Title V permitting activities, and will be combined with the federal grant dollars 

and general fund appropriations to support the program. These types of fees exist in many other 

states. The fees will allow the agency to keep up with the permit needs ofthe regulated community 

and avoid repetition ofthe situation where applications have to be backlogged. 

The initial proposal appeared in the Idaho Administrative Bulletin, Volume 01-9, September 5, 

2001, pages 168 through 206. DEQ received public comments on the proposal. The rulemaking 

record, which includes DEQ's response to comments, can be obtained by contacting the 

undersigned. Sections 224, 225, 227, 407, 409, and 802 have been changed as atIowed under 

Section 67-6227, Idaho Code. The remaining sections have been adopted as initially proposed. 

FEE SUMMARY: This rule adopts a permit to construct application fee, as well as processing fee 

schedules for calculating permit to construct and Tier II operating permit processing fees. The rule 

also includes a registration fee for owners of qualified facilities opting to register with DEQ under 

Sections 790 through 799 in lieu of obtaining lm individual permit. The fee schedules are structured 

to provide an incentive for emission reduction as required by Section 39-115(3), Idaho Code. 

Collection ofthe fees is authorized by Sections 39-115(3) and 39-119, Idaho Code. 

GENERAL INFORMATION: For more information about DEQ's programs and activities, 

visit its web site at www.state.id.usldeq. 

:' -'J r __ • .J Ij ~. 
-

1 

ASSISTANCE ON TECHNICAL QUESTIONS: For assistance on questions concerning this 

rulemaking, contact Phyllis Heitman at (208)373-0502, pheitman@deq.state.id.us. 

Dated this __day ofNovember, 200 I. 

Paula J. Gradwohl 

Environmental Quality Section 

Attorney General's Office 

1410 N. Hilton 

Boise, Idaho 83706-1255 

(208)373-0418IFax No. (208)373-0481 

pgradwoh@deq.state.id.us 
-

-- Text ofDocket No. 58-0101-0104 

224. PERMIT TO CONSTRUCT APPLICATION FEE. 


All applicants for a pennit to construct shall submit a pennit to construct application fee ofone thousand dollars 


($1.000) to the Department at the time ofthe original submission ofthe application. The permit to construct 


application fee is not required to be submitted for: ( ) 


01. Exemption Applicability Determinations. Exemption applicability determinations set forth in 

Sections 220 through 223; ( ) 

02. Typographical Errors. Changes to correct typographical errors; or ( ) 

03. Name or Ownership Change. A change in the name or ownership ofthe holder ofa pennit to 

construct when the Department determines no other review or analysis is reQ,llired, ( ) 

225. PERMIT TO CONSTRUCT PROCESSING FEE. 

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

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

categOlY shall be detennined by adding together the amount of increases of regulated pollutant emissions and 

subtracting any decreases of regulated pollutant emissions as identified in the pennit to construct. The fee 

calculation shall not include fugitive emissions, 

( ) 

(BREAK IN CONTINUITY OF SECTIONS) 

227. RECEIPT AND USAGE OF FEES. 

Pennit to construct application and processing fee receipts shall be deposited by the Department into a stationary 

source pennit account. Monies from this account shall be used solely toward technical. legal and administrative 

support ofthe Department's Pennit to Construct and Tier 11 permit programs and shall not be used for those 

activities supported by the fund created for implementing the qperating permit program reQllired under Title V of 

the federal Clean Air Act amendments of 1990. The permit to construct application fee payable under Section 227 

shall be retained by the Department regardless ofwhether a pennit to construct is issued by the Department in 

response to an application. The Department will review the fee schedule at least even' two (2) years, () 

(BREAK IN CONTINUITY OF SECTIONS) 

407. TIER II OPERATING PERMIT PROCESSING FEE. 


01. 	 Tier II Operating Permit Processing Fee. A Tier II operating permit processin~ fee. calculated 

by the Department pursuant to the categories provided in the following table, shall be paid to the 

Department by the person receiving a Tier II permit or permit renewal. The fee calculation shall 

not include fugitive emissions. 

( ) 

02. Tier II Operating Permit Processing Fee Not Required. So long as the Devartment determines 

no other review or anal:ysis is reqyired, the Tier II operating permit processing fee is not required to be submitted 

when: ( ) 

a. A permit to construct issued within the last five years is rolled into a Tier II permit: ( ) 

b. A change to correct typographical errors is requested; ( ) 

c. A change in the name or ownership ofthe holder of a Tier II operating permit is requested: or 

( ) 

d. 	 A synthetic minor permit is issued and the Department's processing costs can be charged against 

fees collected from the person receiving the permit under Title Yofthe federal Clean Air Act amendments of 1990. 

( ) 

(BREAK IN CONTINUITY OF SECTIONS) 

409. RECEIPT AND USAGE OF FEES. 

Tier II operating permit processing fee and delinqyency interest receipts shall be deposited by the Department into a 

stationary source permit account. Monies from this account shall be used solelY toward technical, legal and 

administrative support ofthe DElPartment's Permit to Construct and Tier II permit pro~s and shall not be used 

for those activities SUSlported by the fund created for implementing the Qperating permit program required under 

Title Y ofthe federal Clean Air Act amendments of 1990. The DElPartment will review the Tier II fee schedule at 

least every two (2) years. ( ) 

(BREAK IN CONTINUITY OF SECTIONS) 

802. RECEIPT AND USAGE OF FEES. 


Pennit by rule registration fee receipts shall be dElPosited by the DElPartment into a stationary source permit account. 


Monies from this account shall be used so/ely toward technical. legal and administrative support ofthe 


2 
Department's Permit to Construct and Tier II permit programs and shall not be used for those activities supported -,

by the fund created for implementing the operating permit pro&f3lIl required under Title Y ofthe federal Clean Air 

Act amendments of 1990. Fees payable under Section 800 shan be retained by the Department regardless ofwhether 

a permit by rule registration is accepted by the Department in response to a registration request. () 

3 


FINAL TEXT OF DOCKET NO. 58-0101·0104 

006. GENERAL DEFINITIONS. 

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

f. Any air pollutant listed in Sections 585, 586, or subject to regulation pursuant to Section 161. 

Unless otherwise listed in Subsections 006.84.a. through 006.84.e., these pollutants do not constitute regulated air 

pollutants for purposes of Sections 300 through 399. (7-1-02) 

(BREAK IN CONTINUITY OF SECTIONS) 

007. DEFINITIONS FOR THE PURPOSES OF SECTIONS 200 THROUGH 228 AND 400 THROUGH 

461. 

(BREAK IN CONTINITY OF SECTIONS) 

200. PROCEDURES AND REQUIREMENTS FOR PERMITS TO CONSTRUCT. 


The purposes of Sections 200 through 228 is to establish uniform procedures and requirements for the issuance of 


"Permits to Construct." (7-1-02) 


201. PERMIT TO CONSTRUCT REQUIRED. 


No owner or operator may commence construction or modification of any stationary source, facility, major facility, 


or major modification without first obtaining a permit to construct from the Department which satisfies the 


requirements of Sections 200 through 228 unless the source is exempted in any ofSections 220 through 223, the 


owner or operator com plies with Section 213 and obtains the required permit to construct, or the source operates in 


accordance with all of the applicable provisions of a permit by rule. (7-1-02) 


202. APPLICATION PROCEDURES. 


Application for a permit to construct must be made using forms furnished by the Department, or by other means 


prescribed by the Department. The application shall be certified by the responsible official in accordance with 


Section 123 and shall be accompanied by all information necessary to perform any analysis or make any 


determination required Wlder Sections 200 through 228. (7-1-02) 


(BREAK IN CONTINUITY OF SECTIONS) 

209. PROCEDURE FOR ISSUING PERMITS. 

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 ofSubsections 209.01.c., 209.02.a, and 209.02.b., shall only apply ifthe permit revision results in an 

increase in emissions authorized by the permit or if deemed appropriate by the Director. (7-1-02) 

(BREAK IN CONTINUITY OF SECTIONS) 

224. PERMIT TO CONSTRUCT APPLICATION FEE. 


All applicants for a permit to construct shall submit a permit to construct application fee of one thousand dollars 


($I,OOO) to the Department at the time ofthe original submission ofthe application. The permit to construct 


application fee is not required to be submitted for: (7-1-02) 


01. Exemption Applicability Determinations. Exemption applicability determinations set forth in 

Sections 220 through 223; (7-1-02) 

02. Typograpbical Errors. Changes to correct typographical errors; or (7-1-02) 
03. Name Or Ownership Change. A change in the name or ownership ofthe holder ofa permit to -


construct when the Department determines no other review or analysis is required. (7-1-02) 

225. PERMIT TO CONSTRUCT PROCESSING FEE. 

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

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

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

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

calculation shall not include fugitive emissions. 

PERMIT TO CONSTRUCT CATEGORY FEE 

General permit, no facility-specific requirements (Defined as a source category specific 

~ermit for which the Department has developed standard emission limitations, operating 

• equirements, monitoring and recordkeeping requirements, and that require minimal 

b~gineering analysis. General permit facilities may include portable concrete batch plants, 

. ortable hot-mix asphalt plants and portable rock crushing plants.) 

~500 

New source or modification to existing source with increase of emissions ofless than one (I) 

~on per year 

~I,OOO 

/New source or modification to existing source with increase ofemissions ofone (I) to less 

than ten (10) tons per year 

~2,500 

New source or modification to existing source with increase ofemissions often (10) to less 

than one hundred (I00) tons per year 

~5,000 

New source or modification to existing source with increase ofemissions ofone hundred 

100) tons per year or more exempt under Subsection 205.04 

$7,500 

New major facility or major modification not exempt under Subsection 205.04. SIO,OOO 

Permit modifications where no engineering analysis is required S250 

Application submittals for exemption applicability determinations, typographical errors, and 

name and ownership changes as described in Subsections 224.0 I, 224.02, 224.03 

:!i0.00 

(7-1-02) 

226. PAYMENT OF FEES FOR PERMITS TO CONSTRUCT. 

01. Fee Submittal. The permit to construct application fee shall be submitted with the application. 

The permit to construct processing fee shall be payable upon receipt of an assessment sent to the person receiving a 

permit by the Department. The permit to construct application and processing fees shall be sent to: 

Air Quality Permit to Construct Fees 


Fiscal Office, 


Idaho Department ofEnvironmental Quality 


1410 N. Hilton, Boise, ID 83706-1255 (7-1-02) 


02. Delinquency. No application for a permit to construct shall be processed by the Department 

unless accompanied by a permit to construct application fee. No permit to construct shall be issued by the 

Department until the Department has received the permit to construct processing fee. (7-1-02) 

-

227. RECEIYf AND USAGE OF FEES. 

-	 Permit to construct application and processing fee receipts shall be deposited by the Department into a stationary 

source permit account. Monies from this account shall be used solely toward technical, legal and administrative 

support of the Department's permit to Construct and Tier IJ permit programs and shall not be used for those 

activities supported by the fimd created for implementing the operating permit program required under Title V ofthe 

federal Clean Air Act amendments of 1990. The permit to construct application fee payable under Section 227 sh~lI 

be retained by the Department regardless ofwhether a permit to construct is issued by the Department in response to 

an application. The Department will review the fee schedule at least every two (2) years. (7-1-02) 

228. APPEALS. 


A person may be able to file an appeal within thirty (30) days ofthe date the person receives an assessment from the 


Department under Section 225, in accordance with IDAPA 58.01.23, "Rules ofAdministrative Procedure Before the 


Board of Environmental Quality". (7-1-02) 


229. -- 299. (RESERVED). 

(BREAK IN CONTINUITY OF SECTIONS) 

300. PROCEDURES AND REQUIREMENTS FOR TIER I OPERATING PERMITS. 


The purposes of Sections 300 through 399 are to establish requirements and procedures for the issuance of Tier I 


operating permits. (7-1-02) 


(BREAK IN CONTINUITY OF SECTIONS) 

322. ST ANDARD CONTENTS OF TIER I OPERATING PERMITS. 


All Tier I operating permits shall contain and the Department shall have the authority to impose, implement and 


enforce, the following elements for all permitted operating scenarios and emissions trading scenarios. Fugitive 


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


15. General Requirements. Each Tier I operating permit shall contain provisions stating the 

following: (5-1-94) 

n. The owner or operator ofa Tier 1source shall pay registration fees to the Department in 

accordance with Sections 387 through 399, which are hereby incorporated by reference. (7-1-02) 

(BREAK IN CONTINUITY OF SECTIONS) 

380. CHANGES TO TIER I OPERATING PERMITS. 

01. Applicability. Sections 380 through 399 establish procedures and requirements for permit 

revisions and changes requiring notice. These provisions do not alter the requirements for permits to construct set 

forth at Sections 200 through 228. (7-1-02) 

(BREAK IN CONTINUITY OF SECTIONS) 

387. REGISTRATION AND REGISTRATION FEES. 


The purpose of Sections 387 through 399 is to establish criteria for the registration of emissions and the payment of 


fees for Tier 1 permits. The fee structure is to provide flexibility and financial stability to the Department program.(7 -1-02) 


388. APPLICABILITY. 


In any given year, Sections 387 through 399 shall apply to all major facilities, as defined in Section 008. Facilities, 


sources and emissions exempt under Section 301 are not required to register or pay fees. (7-1-02) 

389. REGISTRATION. 


Any person owning or operating a facility or source for which Sections 387 through 399 applies shall, by May 1, 


1993 and each May I thereafter register with the Department and submit the following: (7-1-02) 


06. Regulated Air Pollutant Registration Fee. The registration fee set out in Subsection 389.06 shall 

be reviewed at least every two (2) years to assure the funds meet tll~ presumptive mi'1i!!1um as defined by pPA. The , 

annual registration fee set forth in Subsection 389.06.a. may be paid in two (2) installments as provided in 

Subsection 393.0 I. Fees for pennit modifications or pennit renewals in Subsection 389.06.b. shaH be submitted with 

the application. (7-1-02) 

a. The Tier I annual fee schedule shall be as follows: (3-30-01) 

i. A fixed annual fee for Tier I major sources with regulated air pollutants listed in Subsection 

389.04 emissions as follows: (7-1-02) 

ii. A per ton annual fee ofthirty dollars ($30) per ton for all regulated air pollutant emissions for Tier 

I major sources listed in Subsection 389.04 as follows: (7-1-02) 

c. In the event the monies collected pursuant to Subsection 389.06 fail to meet the presumptive 

minimum established by 40 CFR Part 70, any shortfall shall be expended from the Idaho air quality permitting fund 

as necessary in accordance with Section 39-1180(2), Idaho Code. (7-1-02) 

07. Radionuclide Registration Fee. A registration fee of five dollars per curie per year 

($5/curie/year) for facilities regulated under 40 CFR Part 61, Subpart H. The registration tee may be paid in two (2) 

installments as provided in Subsection 393.01. (7-1-02) 

390. REQUEST FOR INFORMATION. 


Any additional information, plans, specifications, evidence or documents that the Department may require to make ­

the determinations required under Sections 387 through 399 shall be furnished on request. (7-1-02) 


391. REGISTRATION FEE. 


All facilities to which this Section 391 applies shall pay to the Department an annual registration fee as required by 


Subsections 389.06 and 389.07. The Department shall detennine the fee based on the information supplied by the 


registrant and the Department's analysis and engineering and technical practice. In the event of a failure of a facility 


to submit pertinent registration information, the Department may calculate the fee and shall assess the facility the fee 


and the costs of calculating the fee. The Department may employ private contractors to determine the registration 


fee. (7-1-02) 


395. APPEALS. 


Persons may file an appeal within thirty (30) days of the date the person received the assessment and receipt issued 


under Subsection 392.03, or within thirty (30) days ofthe date the person received an assessment issued under 


Sections 391 or 396. The appeal shall be filed in accordance with IDAPA 58.01.23, "Rules ofAdministrative 


Procedure Before the Board of Environmental Quality". (7-1-02) 


398. EXEMPTIONS. 


01. Registration Fees. The following facilities or sources are exempt from paying registration fees 

under Sections 387 through 399: (7-1-02) 

02. Registering And Paying Fees. The following facilities or sources are exempt from registering 

and paying registration fees under Sections 387 through 399: (7-1-02) 

03. Paying Fees. The following emissions are exempt from registering and paying registration fees 

under Sections 387 through 399: (7-1-02) ­
399. 	 LUMP SUM PA YMENTS OF REG ISTRA TION FEES. 

01. Agreement. The Department may, in its discretion, enter an agreement with any person for the 

lump sum payment of all, or any portion of, the registration fees required by Section 389. (7-1-02) 

03. Payment Waiver. Upon the execution and full performance ofthe agreement by the person, the 

Department shall waive the payment requirements ofSection 389. All other provisions of Section 389 shall remain 

applicable to the person. (7-I -02) 

400. PROCEDURES AND REQUIREMENTS FOR TIER II OPERATING PERMITS. 


The purpose ofSections 400 through 410 is to establish uniform procedures for the issuance of"Tier II Operating 


Permits". (7-1-02) 


401. 	 TIER II OPERATING PERMIT. 


01. Optional Tier U Operating Permits. The owner or operator ofany stationary source or facility 

which is not subject to (or wishes to accept limitations on the facility's potential to emit so as to not be subject to) 

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

02. Required Tier II Operating Permits. A Tier II operating pennit is required for any stationary 

source or facility which is not subject to Sections 300 through 399 with a pennit to construct which establishes any 

emission standard different from those in these rules. (7-1-02) 

402. APPLICATION PROCEDURES. 

Application for a Tier II operating penn it must be made using forms furnished by the Department, or by other means 

prescribed by the Department. The application shall be certified by the responsible official and shall be accompanied 

by all information necessary to perform any analysis or make any determination required under Sections 400 

through 410. (7-1-02) 

04. Additional Information. Any additional information, plans, specifications, evidence or 

documents that the Department may require to make the determinations required under Sections 400 through 410 

shall be furnished upon request (7-1-02) 

(BREAK IN CONTINUITY SECTIONS) 

404. 	 PROCEDURE FOR ISSUING PERMITS. 

04. Permit Revision Or Renewal. The Director may approve a revision of any Tier II operating 

permit or renewal of any Tier II operating permit provided the stationary source or facility continues to meet all 

applicable requirements of Sections 400 through 410. Revised permits will be issued pursuant to procedures for 

issuing permits (Section 404), except that the requirements of Subsection 404.01.c. shall only apply if the pennit 

revision results in an increase in allowable emissions or if deemed appropriate by the Director. Renewed Tier II 

operating permits will be issued pursuant to procedures for issuing pennits (Section 404), except that the 

requirements of Subsections 404.01.c., and 404.02.b. through 404.02.e. shall only apply if the permit revision results 

in an increase in allowable emissions or if deemed appropriate by the Director. The expiration of a pennit will not 

affect the operation of a stationary source or a facility during the administrative procedure period associated with the 

permit renewal process. (7-1-02) 

(BREAK IN CONTINUITY OF SECTIONS) 

407. 	 TIER II OPERATING PERMIT PROCESSING FEE. 

01. 	 Tier II Operating Permit Processing Fee. A Tier II operating permit processing fee, calculated 

by the Department pursuant to the categories provided in the following table, shall be paid to the 

Department by the person receiving a Tier II pennit or permit renewal. The fee calculation shall 
not include fugitive emissions. 

- TIER II OPERATING PERMlT CATEGORY FEE 

General permit, no facility specific requirements (Defined as a source category specific 

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

equirements, monitoring and recordk~ping requirements, and that require minima 

¢ngineering analysis.) . 

$500 

Stationary sources or facilities with permitted emissions ofless than one (1) ton per 1,250 

Stationary sources or facilities with permitted emissions ofone (J) to less than ten (J 0) 

ons per year 

$2,500 

Stationary sources or facilities with permitted emissions often (10) to less than one 

hundred (100) tons per year 

$5,000 

Stationary sources or facilities with permitted emissions of one hundred (100) tons or 

more per year 

$10,000 

Synthetic minor stationary sources with permitted emissions below a major threshold level $10,000 

(7-1-02) 

02. Tier II Operating Permit Processing Fee Not Required. So long as the Department determines 

no other review or analysis is required, the Tier II operating permit processing fee is not required to be submitted 

when: (7-1-02) 

a. A permit to construct issued within the last five (5) years is rolled into a Tier II permit; 	 (7 -1-02) 

b. A change to correct typographical errors is requested; 	 (7-1-02) 

c. 	 A change in the name or ownership ofthe holder of a Tier II operating permit is requested; or 

(7-1-02) 

d. A synthetic minor permit is issued and the Department's processing costs can be charged against 

fees collected from the person receiving the permit under Title V ofthe federal Clean Air Act amendments of 1990.(7-1-02) 

408. PAYMENT OF TIER II OPERATING PERMIT PROCESSING FEE. 

01. Fee Submittal. The Tier II operating permit processing fee shall be payable upon receipt of an 

assessment sent. along with the final permit or permit renewal, to the person receiving a permit or permit renewal by 

the Department The Tier II operating permit fee should be sent to: 

Air Quality Tier II Fees 

Fiscal Office 

Idaho Department ofEnvironmental Quality 

1410 N. Hilton, Boise, ID 83706-1255 (7-1-02) 

02. Delinquency. Failure to submit a Tier II operating permit processing fee within forty-five (45) 

days ofreceipt of an assessment by the Department wil1 result in a monthly accrual ofinterest in the amount of 

twelve percent (12%) per annum on the outstanding balance until the fee is paid in full. (7-1-02) 

409. RECEIPT AND USAGE OF FEES. 

Tier II operating permit processing fee and delinquency interest receipts shall be deposited by the Department into a 

stationary source permit account. Monies from this account shall be used solely toward technical, legal and 

administrative support ofthe Department's Permit to Construct and Tier II permit programs and shall not be used for 

those activities supported by the fund created for implementing the operating permit program required under Title V 

ofthe federal Clean Air Act amendments of 1990. The Department will review the Tier II fee schedule at least every 

two (2) years. 	 (7-1-02) -
410. APPEALS. 


- A person may be able to file an appeal within thirty (30) days ofthe date the person receives an assessment ooder 

Section 407, in accordance with IDAPA 58.01.23, "Rules ofAdministrative Procedure Before the Board of 

Environmental Quality". (7-1-02) 

411. -- 439. (RESERVED). 

(BREAK IN CONTINUITY OF SECTIONS) 

462. -- 499. (RESERVED). 

(BREAK IN CONTINUITY OF SECTIONS) 

517. -- 549. (RESERVED). 

(BREAK IN CONTINUITY OF SECTIONS) 

800. REGISTRATION FEE FOR PERMIT BY RULE. 


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


registration. (7-1-02) 


801. PAYMENT OF FEES FOR PERMITS BY RULE REGISTRATION. 


The permit by rule registration fee shall be paid in its entirety at the time the required registration form is submitted 


to the Department. The permit by rule registration form and fee should be sent to: 


Permit by Rule Registration Fees 

Fiscal Office 

Idaho Department ofEnvironmental Quality 

1410 N. Hilton, Boise, ID 83706-1255 (7-1-02) 

802. RECEIPT AND USAGE OF FEES. 

Permit by rule registration fee receipts shaH be deposited by the Department into a stationary source permit account. 

Monies from this accooot shall be used solely toward technical, legal and administrative support ofthe Department's 

Permit to Construct and Tier II permit programs and shall not be used for those activities supported by the fund 

created for implementing the operating permit program required ooder Title V ofthe federal Clean Air Act 

amendments of 1990. Fees payable under Section 800 shall be retained by the Department regardless ofwhether a 

permit by rule registration is accepted by the Department in response to a registration request. (7-1-02) 

803. -- 804 • (RESERVED). 

.­
-