STATE OF IDAHO 

DEPARTMENT OF 

ENVIRONMENTAL QUALITY 

1410 North Hilton' Boise, Idaho 83706' (208) 373·0502 C.L. "Butch" Otter, Governor 

Toni Hardesty, Director 

June 8, 2009 

Michelle Pirzadeh 

Acting Regional Administrator 

USEPA, Region 10 

1200 Sixth Avenue, Suite 900 

Seattle, W A 98101 

Re: State Implementation Plan Rule Revisions 

Dear Ms. Pirzadeh: 

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 58.01.0 I. DEQ 

is seeking Environmental Protection Agency (EPA) approval of the following revision as an update to the 

contents of the Idaho State Implementation Plan (SIP), 40 CFR Part 52, Subpart N: 

IDAPA Docket 58-0101-0703 - Clarification of Sulfur Content of Fuels 


IDAPA Docket 58-0101-0802 - Annual Incorporation by Reference (2007) 


DEQ has also included IDAPA Docket 58-0101-0801 - Final Rules for Crop Residue Burning. This rule 

has already been approved by EPA and was included in the Idaho SIP on August 1, 2008 (73 FR44915). 

This rule has been included only to reflect the effective date of approval by the Idaho Legislature. 

These revisions to the state rules were promulgated pursuant to the Environmental Protection and Health 

Act, Idaho Code, Sections 39-10 I through 39-130. Review and approval by a DEQ Deputy Attorney 

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

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

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

If you or your staff has questions concerning any of these rules, please contact Martin Bauer, Air Quality 

Division Administrator, at 208-373-0440. Mr. Bauer and his staff are available to provide assistance to 

ensure that Idaho's SIP is updated as soon as possible. 

Sincerely, 

~~~ Toni Hardesty 

Director 

THlfw 

Enclosures 

c: Martin Bauer, DEQ 

bee: 	 Robert Wilkosz, DEQ 

Mike Edwards, DEQ 

Lisa Kronberg, Attorney General's Offiee 

SIP Submittals File 

State ofIdaho 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

Board of Environmental Quality 

.1410 North Hilton, Boise, 10 83706·1255, (208) 373·0502 C. L. "Butch" Otter, Governor 

Toni Hardesty, Director 

DECLARATION OF RULEMAKING 


BY THE BOARD OF ENVIRONMENTAL QUALITY 


ADOPTION OF PENDING RULES 


DOCKET NO. 58-0101-0703 


Pursuant to the authority granted to the Board of Environmental Quality in Chapter 1, Title 39, 


Idaho Code, and under the provisions for rule adoption contained in Section 67-5224, Idaho Code, I 


declare that the Rules for the Control of Air ~ ution in Idaho are hereby adopted as pending rules as 


presented in the attached Final Proposal. 


STATE OF IDAHO 


ss. 


County of Ada 


On this 9th day of October, 2008, before me, the undersigned, a Notary Public in and for 

said State, personally appeared Craig Harlen, 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. 


Not~~ ubllc Idah~.I. '1..11,~ Resldmg at: ~~" ~ 

Expires: 710l c,L...;J.ot3 I f 
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FINAL PROPOSAL 

RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO, DOCKET NO. 58-0101-0703 

The Department of Environmental Quality recommends that the Board of Environmental Quality 


adopt the rule as initially proposed in the Idaho Administrative Bulletin, May 7, 2008, Vol. 08-5, 


pages 60 through 62. 


,­
-

RULE PROMULGATION AUTHORITY CHECKLIST 

Rules for the Control of Air Pollution in Idaho, IDAPA 58.01.01 

Docket No. 58-0101-070j 

DATE INITIALS 

, \ J'\~ i / 

'-'I i, i., L---, Legal Review of Proposed Administrative Rules Form and 

! l Notice of Negotiated Rulemaking 

Director Approval of Proposed Administrative Rules Form and * Notice of Negotiated Rulemaking 

/-j. 

t/ p~t'-· , Approval Received from DFM/Governor ! I i 


,"\. , 


Legal Review of ProposedlTemporary Rule Docket 

,/ 'J {I /1 t ,I Director Approval of ProposedlT emporary Rule Docket 

,/ Board Adoption of Temporary Rule 

Legal Review of PendinglTemporary Rule Docket 

II Director Approval of PendinglTemporary Rule Docket 

Board Adoption of PendinglTemporary Rule 

/i 

I 
Proposed Motions for the October 2008 ­ Meeting of the Idaho Board of Environmental Quality 

Agenda Item #11 

Rules for the Control of Air Pollution in Idaho, Docket No. 58-0101-0703 

I move that the Idaho Board of Environmental Quality adopt the Rules for the 

Control of Air Pollution in Idaho as presented in the final proposal under 

Docket No. 58-0101-0703. 

-


-

\ 

j' 

Docket Number: 58-0101-0703 

Effective Date: 2009 Sine die 

Rules Title: Rules for the Control of Air Pollution in Idaho 

Agency Contact and Phone: Martin Bauer, 373-0440 

Public Notice 

Hearings: [Xl Yes [1 No 

Locations and Dates: Boise, June 10, 2008 

Written Comment Deadline: June 10, 2008 

Descriptive Summary of Rule as Initially Proposed: Negotiated Rule Making: [Xl Yes [1 No 

Groups Involved: Sign-in sheets attached. 

DEQ has initiated this rulemaking to ensure that the purpose and applicability of Sections 725 

through 729, as they relate to sulfur content of fuels, is clear. The revisions to Sections 725 

through 729 have been proposed for clarification purposes and are not substantive in nature. 

Public comments were received. The proposed rule has not been revised. DEQ recommends 

that the Board adopt the rule, as presented in the final proposal, as a pending rule with the 

final effective date coinciding with the adjournment sine die of the First Regular Session of the 

Sixtieth Idaho Legislature. The rule is subject to review by the Legislature before becoming 

final and effective. 

On October 3, 2007, the Notice of Negotiated Rulemaking 

was published in the Idaho Administrative Bulletin, Vol. 07-10, 

page 441, and a preliminary draft rule was made available for 

public review. One meeting was held on October 24, 2007. 

Several members of the public participated in this rulemaking 

by attending the meeting. No revisions were made to the 

preliminary draft rule. 

Cost Impact: 

Costs To the Agency: None anticipated. 

Costs To the Regulated Community: None anticipated. 

Relevant Statutes: Chapter 1, Title 39, Idaho Code 

Idaho Code § 39-1070 Statement: This rule does not 

regulate an activity not regulated by the federal government, 

nor is it broader in scope or more stringent than federal 

regulations. 

Idaho Code § 67-5221 (1)(c) Fiscal Impact Statement: The 

following is a specific description, if appli<;:able, of any 

negative fiscal impact on the state general fund greater than 

ten thousand dollars ($10,000) during the fiscal year: Not 

applicable. 

Rulemaking and Public Comment Summary - Page 1 
--------------

-----------------

Temporary Rule 	 [ 1 Necessary to protect public health, safety or welfare 

[ 1 Compliance with deadlines in amendments to governing law or federal programs 

[ 1 Conferring a benefit 

Docket Number: 58-0101-0703 

! 

Section Existing Rule Summary Proposed Rule Summary Summary of Rule Changes 

Based on Public Comment 

725 
 Rules for Sulfur Content of Fuels Clarifies the applicability of this section. The rule has pot been revised. See 

attached Response to Public 

726 
 Section number changed Comments. Definitions as Used in Sections 727 
 from 726 to 725.01. 

through 729 
 .. 

Section number changed from 727 to 725.02. 

Obsolete language deleted. 

727 
 Residual Fuel Oils 

728 
 Distillate Fuel Oils Section number changed from 728 to 725.03.

I 


729 
 Coal 
 Section number changed from 729 to 725.04. 

798 
 Electric Generators Revises reference to other rule section. 

I 


) 	

• 

and Comment .ty - Page 2 

) 

Rules for the Control of Air Pollution in Idaho 

Docket No. 58-0101-0703 

Response to Public Comments 

This comment letter does not provide specific comments on 

Alex LaBeau Thank you for the opportunity to comment on Sections 725 the proposed rule, recognizing that the changes in the 

President through 729, as they relate to sulfur content of fuels. We proposed rule are not substantive in nature. The letter 

Idaho Association of recognize that the changes are not substantive in nature; rather it formally notifies DEQ of its interest in revising these 

Commerce and Industry is to clean up and clarify the sections. sections, in a future rulemaking, to allow for the utilization 

P.O. Box 389 Nevertheless, it is IACI's belief that this is an important of alternative fuels. 

Boise, ID 83701 opportunity for our organization to formally notify the IDEQ of The rule has not been revised in response to this comment. 

our interest in revising these sections to allow for the utilization 

of alternative fuels. IACI's members are confronting untenable 

circumstances relating to the current limitations in these rules 

and escalating fuel prices. Any proposal presented for 

discussion would achieve the level of environmental protection 

reflected in the current rules or imposed by existing permits. 

Specifically we propose to work with the IDEQ to draft 

language that would give flexibility to Idaho sources to use 

varying sources or types of fuel to respond to unpredictable fuel 

markets. Our intent is to create flexibility only to the extent that 

currently allowed sulfur emissions are authorized under an 

approved alternative. 

Weare aware that such a change would require areview by EPA 

of Idaho's State Implementation Plan. Nevertheless, we are 

hopeful that the EPA will find such a change acceptable as such 

regulation has been successfully implemented in other states. 

We are prepared to work with the IDEQ to provide the support 

for such a rule change. lACl would appreciate suggestions from 

lDEQ on an appropriate path forward. We look forward to 

with 

Response to Public Comments, Docket No. 58-0101-0703 
" 

MEETING SIGN-IN SHEET 

Meeting Title: Sulfur Content in Fuels - Rulemaking Meeting 

Meeting Date: 10/24/07 

E-MaU Address AND 

Name - PLEASE PRINT AffUiation Telephone Number 

/1 " 

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(;/., 'L -L' ,~ 't,.,.~ Ct, ..'" - ~'<; " .,-,,·c \. 

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~A~) '\" \ lLL 1-, 1 \ LulL .:;. ""'08 '-,J '..."'</-' ~ -.:::>'N ,)"-1 .., :- J Vi1 r A 

) 1!'- . v IllC~/1

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, , } 
) ) 

Name - PLEASE PRINT AtTlliation 

E-Mail Address AND 

Telephone Number 

D81N e.OtL0ttE1 ~~~ ~ 

0.--; -r:J.o 

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LIST OF PUBLIC COMMENTS 


Proposed Rules for the Control of Air Pollution in Idaho 


Docket Number 58·0101·0703 


Deadline for Comment: June 10,2008 


Submitted By Date Received 

Katharine Gerrity, Legal Analyst April 16, 2008 - Letter to 

Legislative Services Office OEQ 

State Capitol 

Boise, 10 83720-0054 March 28, 2008 - Memo to 

Germane Joint 

Subcommittees 

Alex LaBeau, President 

Idaho Association of Commerce and Industry June 4,2008 

P.O. Box 389 

Boise, 10 83701 

Certificate of Hearing June 10, 2008 
Legislative Services Office 
 , 

Idaho State Legislature 

Jeff Youtz 

Director 

April 16, 2008 

Paula J. Wilson 

Hearing Coordinator 

Dept. of Environmental Quality 

1410 N. Hilton 

Boise, ID 83706-1255 

Dear Ms. Wilson: 

The Senate and House Subcommittees for review of administrative rules have 

reviewed the proposed changes to the Dept. Of Environmental Quality rules: ­ IDAPA 58.01.01 - Rules for the Control of Air Pollution in Idaho 


(Docket #58-0101-0703) 


No meeting will be held, and we are pleased to report that no objections will be 

filed. 

Sincerely yours, 

~. 

KatharaA. GerrityU 

Principal Legislative Research Analyst 

KAG/cs 

-


Mike Nugent, Manager Cathy Holland-Smith, Manager Don H. Berg, Manager Glenn Harris, Manager 


Research & Legislation Budget & Policy Analysis Legislative Audits Information Technology 


Statehouse, P.O. Box 83720 Tel: 208-334-2475 

Boise, Idaho 83720-0054 www.legislature.idaho.gov 
Legislative Services Office 


Idaho State Legislature 


Jeff Youtz RECEIVED 

Director 

APR Ci 1 2008 

MEMORANDUM Office of the Attorney Genera! 

IDEQ 

TO: 	 Rules Review Subcommittee of the Senate Health and Welfare Committee and the 

House Environment, Energy and Technology Committee 

FROM: 	 Research & Legislation Staff - Katharine Gerrity ~t\G 

DATE: 	 March 28, 2008 

SUBJECT: 	 Department of Environmental Quality 

The Department ofEnvironmental Quality submits notice of proposed rule at IDAP A 

58.01.01 - Rules for the Control ofAir Pollution in Idaho. According to the Department, the 

rulemaking is proposed to clarify the purpose and applicability of specified sections ofthe rule 

relating to sulfur content of fuels. The Department notes that the changes are not substantive in 

,I""'- " nature. Negotiated rulemaking was conducted. 

The Department also notes that the rule does not regulate an activity not regulated by the 

federal government, nor is it broader in scope or more stringent than federal regulations and 

confirms that there is no negative fiscal impact on the state general fund greater than ten 

thousand dollars as a result ofthe changes. 

We have no specific comments or suggestions based on our review of this rule. The 

proposed rule appears to be authorized by Sections 39-105 and 39-107, Idaho Code. 

cc: 	 Department ofEnviromnental Quality 


Paula J. Wilson 


Martin Bauer 


J.\like Nugent, Manager Cathy Holland-Smith, Manager Don H;. Berg, Manager Glenn Harris, l\'Ianager 


Research & Legislation Budget & Policy Analysis Legislative Audits Information Technology 


Statehouse, P.O. Box 83720 Tel: 208-334-2475 

Boise, Idaho 83720-0054 www.legislature.idaho.gov 
Idaho Association of 

Commerce & Industry -, lAC The Voice of Business in Id~hoi1j

Martin Bauer June 4,2008 

Air Quality Division 

DEQ State Office 

1410 N, Hilton 

Boise. ID 83706 

Sent Via Email: martin)niuer(lv,deqJdahogov 

Dear Martin; 

Thank you for the 0ppOliunity to comment 011 Sections 725 through 729, as they relate to sulfur 

content offuels. We recognize that the changes are not substantive in nature; rather it is to clean 

up and clarifY the sections. 

Nevertheless, it is IACI's beliefthat this is an imp011ant opportunity for OUt organlzation to 

fonnally notify the IDEQ of our interest ill revising these sections to anow for the utiljzation of 

alternative fuels, IACI's members are confronting untenable cil'cumstances relating to the 

current limitations in these rules and escalating fuel prices. Any proposal presented for 

discussion would achieve the level of environmental protection .reflected in the current rules or 

imposed by existing permits. 

Specifically we propose to work with the IDEQ to draft language that would give flexibility to 

Idaho sources to 1.18e varying sources or types of fuel to respond to unpredictable fuel markets. 

Our intent is to create flexibility only to the extent that currently allowed sulfur emissions are 

authorized under an approved alternative. 

We are aware that such a chullge would require a review by the EPAofldaho's State 

Implementation Plan, Nevet1heless, we are hopeful that the EPA will find such a change 

acceptable as such regulation has been successfully implemented in other states. 

We are prepared to work with the IDEQ to provide the SUppOlt for such a rule change. lACI 

would appreciate suggestions from IDEQ on an appropriate path forward. We look forward to 

working with you. 

-

·,..-tlillfl......., 


CERTIFICATE OF HEARING 

SUBJECT: 	 Rules for the Control of Air Pollution in Idaho, 

Docket Nos. 58-0101-0703 

LOCATION: 	DEQ Conference Center, 1410 N. Hilton, Boise, Idaho 

HEARING DATE: June 10, 2008 

The undersigned designated hearing officer hereby certifies that on the 10th day 

of June, 2008, a public hearing was held on the Rules for the Control of Air Pollution in 

Idaho, Docket No. 58-0101-0703, at the DEQ conference center in Boise, Idaho. The 

hearing commenced at 3:30 p.m. and was adjourned at 4 p.m. No members of the 

public attended the hearing. 

Notice of this hearing appeared in the Idaho Administrative Bulletin, as required 

by Idaho Code Section 67-5221, on May 7,2008. This publication was timely made 

and other necessary notice requirements have been met. 

DATED this 10th day of June, 2008. 

. j~

Hearing 

ar~ Officer 

CERTIFICATE OF HEARING 

-
IDAPA 58 - DEPARTMENT OF ENVIRONMENTAL QUALITY 


58.01.01 • RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO 


DOCKET NO. 58·0101-0703 


NOTICE OF RULEMAKING • PROPOSED RULE 


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

proposed rulemaking. The action is authorized by Sections 39·105 and 39·107, Idaho Code. 

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

Department of Environmental Quality 


Conference Room C 


1410 N. Hilton, Boise, Idaho 


The hearing sites 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: The Department of Environmental Quality (DEQ) has initiated this rulemaking to 

ensure that the purpose and applicability of Sections 725 through 729, as they relate to sulfur content of fuels, is clear. 

The revisions to Sections 725 through 729 have been proposed for clarification purposes and are not substantive in 

nature. 

Members of the regulated community who may be subject to Idaho's air quality rules as well as special interest 

groups, public officials, or members ofthe public who have an interest in the regulation of air emissions from sources, 

in Idaho may be interested in commenting on this proposed rule. 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 final proposal to the Board of 

Environmental Quality in October 2008 for adoption of a pending rule. The rule is expected to be final and effective 

upon adjournment ofthe 2009 legislative session if adopted by the Board and approved by the Legislature. 

NEGOTIATED RULEMAKING: Negotiated rulemaking was conducted pursuant to Idaho Code Section 67·5220 

and IDAPA 58.01.23.810·815. On October 3, 2007, the Notice of Negotiated Rulemaking was published in the Idaho 

Administrative Bulletin, Vol. 07-10, page 441, and a preliminary draft rule was made available for public review. One 

meeting was held on October 24, 2007. Several members of the public participated in this rulemaking by attending 

the meeting. No revisions were made to the preliminary draft rule. 

IDAHO CODE SECTION 39-107D STATEMENT: This proposed rule does not regulate an activity not regulated 

by the federal government, nor is it broader in scope or more stringent than federal regulations. 

IDAHO CODE SECTION 67-5221(c) FISCAL IMPACT STATEMENT: The following is a specific description, 

if applicable, of any negative fiscal impact on the state general fund greater than ten thousand dollars ($10,000) 

during the fiscal year: N/ A 

ASSISTANCE ON TECHNICAL QUESTIONS AND SUBMISSION OF WRITTEN COMMENTS: For 

'assistance on technical questions concerning this ruiemaking, contact Martin Bauer at (208) 373-0440 or 

martin.bauer@deq.idaho.gov. 

Anyone may 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 June 10, 2008. 

DATED this 27th day of March, 2008. 

Idaho Administrative Bulletin Page 60 May 7,2008 - Vol. 08-5 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0703 


Rules for the Control ofAir Pollution in Idaho Rule 


Paula J. Wilson, Hearing Coordinator 

Department of Environmental Quality 

1410 N. Hilton, Boise, Idaho 83706-1255 

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

pwilson@deq.idaho.gov 

THE FOLLOWING IS THE TEXT OF DOCKET NO. 58-0101-0703 

725. RULES FOR SULFUR CONTENT OF FUELS. 

This section applies to fuel burning sources in Idaho. 'Fhe Its purpose of'SectioNs 725 thl'O'tigh 729 is to prevent 

excessive ground level concentrations of sulfur dioxidefromfocl Burning SOI;lI'CCS in Idaho. The reference test method 

for measuring fuel sulfur content shall be ASTM method, D129-95 Standard Test for Sulfur in Petroleum Products 

(General Bomb Method) or such comparable and equivalent method approved in accordance with Subsection 

157.02.d. Test methods and procedures shall comply with Section 157. (45 OO)L.J 

.:;zu.. 9E}7!N!T[.Q;VSAS U8E9 BVSECTIfJ.}'!S 7J7 TlIR(}UG;f[ 7J9. 

01. Definitions. 

ASTM. American Society for Testing and Materials. (5-1-94) 

Distillate Fuel Oil. Any oil meeting the specifications of ASTM Grade I or Grade 2 fuel oils. 

(5-1-94) - Residual Fuel Oil. Any oil meeting the specifications of ASTM Grade 4, Grade 5 and Grade 6 fuel 

oils. (5-1-94) 

~ RESIDUAL PUEL ()l:bS. 

02. Residual Fuel Oils. 

I#: Sttit!thNlfJ/81' 1973. After JaIlUttl); 1973, 110 perSall shtlll serl, distribute, 1;t8e or make tlvailable/ei' 

1;t8C, aN)' residualfowl oil eONtail9illg more than two fInd one halfpercent (2.5%) sulfur by weight. f5+1J4f 

In: Slttmillivis Begimtit'lf{ 1974. 14jtel' JtU1nary. 1974, nNo person shall sell, distribute, use or make 

available for use, any residual fuel oil containing more than one and three-fourths percent (1.75%) sulfur by weight 

fH-94fL.J 

:n& ]}ISTIU:"iTE PVEL ()n. 

03. Distillate Fuel Oil. No person shall sell, distribute, use or make available for use, any distillate fuel 


oil containing more than the following percentages of sulfur: (5 1 94)L---2 


MI!. ASTM Grade 1. ASTM Grade 1 fuel oil- zero point three percent (0.3 ~CZiJ. by weight 

~4}L.J 

.(h}h. ASTM Grade 2. ASTM Grade 2 fuel oil - zero point five percent (0.5 ~CZiJ. by weight. 

(5194)L.J 

04. Coal. No person shall sell, distribute, use or make available for use, any coal containing greater 

Idaho Administrative Bulletin Page 61 May 7, 2008 - Vol. 08-5 -

0-454 24 8 8760 2880 

455 1000 24 24 8760 8760 

DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0703 


Rules for the Control ofAir Pollution in Idaho Proposed Rule 


than one percent (1.0%) sulfur by weight. (5194)L-J 

7-3626. -- 749. (RESERVED). 

(BREAK IN CONTINUITY OF SECTIONS) 

798. ELECTRICAL GENERATORS. 


The following requirements apply to all electrical generators used to provide electrical power to any nonmetallic 


mineral processing plant. The requirements apply to each site of operations. (3-15-02) 


01. Fuel Type. Only ASTM (American Society ofTesting and Materials) Grade 1or 2 fuel oil shall be 

used. The sulfur content of the fuel used shall not exceed the percentages of sulfur given in Section 72-8~. 

(31502)L-J 

02. Generator Operating Requirements. For the purposes of Sections 790 through 799, the 

following apply to all electrical generators. 

1001 2000 24 24 5200 5200 

kW = kilowatts 

hr/day = hours per day 

hr/yr = hours per year (3-15-02) 

03. Generator Opacity Limit. Visible emissions from any generator stack, vent, or other functionally 

equivalent opening shall not exceed twenty percent (20%) opacity for a period or periods aggregating more than three 

(3) minutes in any sixty (60) minute period. Opacity shall be detennined using the test methods and procedures 

contained in Section 625. (3-15-02) 

04. Monitoring and Recordkeeping Requirements. (3-15-02) 

a. The owner or operator shall monitor and record the following information. (3-15-02) 

i. The rated output capacity, in kilowatts (kW), ofthe electrical generator(s) used; (3-15-02) 

ii. Operating hours on a monthly and annual basis so compliance can be continuously detennined for 

the previous twelve (12) month period; and (3-15-02) 

lll. Vendor receipts of the fuel oil purchased clearly identifying the ASTM Grade. (3-15-02) 

b. Records of monitoring and recordkeeping requirements for current operations shall be maintained 

at the site of operations for the duration of operations at that location and shall be available to Department 

representatives upon request. Records for previous sites of operation shall be kept for the most recent two (2) year 

period at a location where they can be reasonably accessed and shall be made available to the Department upon 

request. (3-15-02) 

Idaho Administrative Bulletin Page 62 May 7, 2008 - Vol. 08-5 
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FINAL PROPOSAL 

RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO, DOCKET NO. 58-0101-0703 

The Department of Environmental Quality recommends that the Board of Environmental Quality 

adopt the rule as initially proposed in the Idaho Administrative Bulletin, May 7, 2008, Vol. 08-5, 

pages 60 through 62. 
IDAPA 58 ~ DEPARTMENT OF ENVIRONMENTAL QUALITY 

58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO 

DOCKET NO. 58-0101~0703 

NOTICE OF RULEMAKING - PENDING RULE 

EFFECTIVE DATE: This rule has been adopted by the Board of Environmental Quality (Board) and is now 

pending review by the 2009 Idaho State Legislature for final approval. The pending rule will become final 

and effective immediately upon the adjournment sine die of the First Regular Session of the Sixtieth Idaho 

Legislature unless prior to that date the rule is rejected by concurrent resolution in accordance with Idaho 

Code Sections 67-5224 and 67-5291. 

AUTHORITY: In compliance with Section 67-5224, Idaho Code, notice is hereby given that the Board has 

adopted a pending rule. This action is authorized by Sections 39-105 and 39-107, Idaho Code. 

DESCRIPTIVE SUMMARY: A detailed summary of the reason for adopting the rule is set forth in the initial 

proposal published in the Idaho Administrative Bulletin, May 7, 2008, Vol. 08-5, pages 60 through 62. After 

consideration of public comments, the rule has been adopted as initially proposed. The Rulemaking and 

Public Comment Summary can be obtained at 

http://www.deq.idaho.gov/rules/air/58 0101 0703 pending.cfm 

or by contacting the undersigned. 

IDAHO CODE SECTION 39-1070 STATEMENT: This rule does not regulate an activity not regulated by 

the federal government, nor is it broader in scope or more stringent than federal regulations. 

FISCAL IMPACT STATEMENT: The following is a specific description, if applicable, of any negative 

fiscal impact on the state general fund greater than ten thousand dollars ($10,000) during the fiscal year: 

Not applicable. 

ASSISTANCE ON TECHNICAL QUESTIONS: For assistance on technical questions concerning this 

rulemaking, contact Martin Bauer at (208) 373-0440, martin.bauer@deq.idaho.gov. 

Dated this __day of October, 2008. 

Paula J. Wilson 

Hearing Coordinator 

Department of Environmental Quality 

1410 N. Hilton 

Boise, Idaho 83706-1255 

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

paula.wilson@deq.idaho.gov