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 ofrevisions to the Department of Environmental Quality's (DEQ) Rules for the Control ofAir Pollution in Idaho, IDAPA 58.01.0I. DEQ is seeking Environmental Protection Agency (EPA) approval ofthe following revision as an update tothe contents ofthe Idaho State Implementation Plan (SIP), 40 CFR Part 52, SubpartN: IDAPA Docket 58-0101-0703

- Clarification ofSulfur Content ofFuels 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 onlyto reflect the effective date ofapproval bythe Idaho Legislature. These revisions to the state rules were promulgated pursuanttothe Environmental Protection and Health Act, Idaho Code, Sections 39-10I through 39-130. Review and approval by a DEQ Deputy Attorney General was obtained at appropriate times throughoutthe rulemaking process. Rule adoption was made in accordance with the requirements ofthe federal Clean Air Act and applicable federal regulations. None of the revisions included in this submittal reflect a reduction in emission limits. Ifyou oryour staffhas questions concerning any ofthese rules, please contact Martin Bauer, Air Quality Division Administrator, at 208-373-0440. Mr. Bauer and his staffare 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 ofEnvironmental 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 ofAir**~** ution in Idaho are hereby adopted as pending rules as presented in the attached Final Proposal.

STATE OF IDAHO ss. County ofAda 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.

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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 ofAir 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
DirectorApproval 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

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### {I /1 

### t 

## ,I Director Approval of ProposedlTemporary Rule Docket 

## ,/ Board Adoption ofTemporary 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 ofAir Pollution in Idaho, Docket No. 58-0101-0703
I move that the Idaho Board of Environmental Quality adopt the Rules forthe 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 forthe Control ofAir 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 offuels, 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 ofthe First Regular Session ofthe 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 ofthe 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, ifappli<;: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 orwelfare 

## [ 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 Clarifies the applicability of this section. Rules for Sulfur Content of Fuels The rule has

## pot been revised. See attached Response to Public Comments. 726 Section number changed from 726 to 725.01. Definitions as Used in Sections 727 through 729


# .. Section number changed from 727 to 725.02. Obsolete language deleted. 727 Residual Fuel Oils
Section number changed from 728 to 725.03. 728 Distillate Fuel Oils I Section number changed from 729 to 725.04. 729 Coal
Revises reference to other rule section. 798 Electric Generators 

# I

) 

# • and Comment 

## .ty- Page 2

## )

Rules for the Control ofAirPollution in Idaho Docket No. 58-0101-0703 Response to Public Comments


### This comment letter does notprovide specific comments on Alex LaBeau Thankyoufor the opportunity to comment on Sections 725 the proposedrule, recognizing thatthe changes in the President through 729, as they relate to sulfur content offuels. We proposed rule are not substantive innature. The letter Idaho Association of recognize thatthe changes are not substantive 

### innature; rather it formally notifies DEQ ofits 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 beliefthat this is an important ofalternative fuels. Boise, ID 83701 opportunity for our organization to formally notify the IDEQ of The rule has notbeen revised in response to this comment. our interest in revising these sections to allowfor the utilization ofalternative fuels. IACI's members are confronting untenable circumstances relating to the current limitations inthese rules andescalating fuel prices. Any proposal presented for discussion would achieve the level ofenvironmental protection reflected inthe current rules or imposed by existingpermits. Specifically we propose to work withthe IDEQ to draft language thatwould give flexibility to Idaho sources to use varying sources ortypes offuel to respond to unpredictable fuel markets. Our intent is to create flexibility onlyto the extentthat currently allowed sulfur emissions are authorized under an approved alternative. Weare aware that such a change would require 

## areview by EPA ofIdaho's State Implementation Plan. Nevertheless, we are hopeful thatthe EPA will find such a change acceptable as such regulation has been successfully implementedin other states. We are prepared to workwiththe IDEQ to provide the support for such a rule change. lAClwould appreciate suggestions from lDEQ on an appropriate pathforward. We look forward to with Response to Public Comments, DocketNo. 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

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### LIST OF PUBLIC COMMENTS Proposed Rules for the Control ofAir 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

# LegislativeServices Office

, 

# Idaho StateLegislature

JeffYoutz

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 ofAir 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 DonH.Berg,Manager Glenn Harris,Manager Research & Legislation Budget & PolicyAnalysis LegislativeAudits InformationTechnology Statehouse,P.O. Box 83720 Tel: 208-334-2475

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

# Legislative Services Office IdahoStateLegislature

JeffYoutz 

## RECEIVED

Director 

# APR Ci 12008 

# MEMORANDUM Office of the Attorney 

### Genera! IDEQ 

### TO: Rules Review Subcommittee ofthe 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: DepartmentofEnvironmental Quality The DepartmentofEnvironmental Quality submits notice ofproposedrule at IDAPA 58.01.01

- Rules for the Control ofAirPollution inIdaho. Accordingto the Department,the rulemaking is proposed to clarifythe purpose and applicability ofspecified sections ofthe rule relating to sulfur content offuels. The Departmentnotes thatthe changes are not substantive in ,I""'- " 

### nature. Negotiatedrulemaking was conducted. The Department also notes thatthe rule does not regulate an activity not regulatedbythe federal government, nor is itbroader in scope ormore stringentthan federal regulations and confirms that there is no negative fiscal impact onthe state general fund greaterthanten thousand dollars as a result ofthe changes. Wehave no specific comments or suggestions based on ourreview ofthis rule. The proposedrule appears to be authorizedby Sections 39-105 and 39-107, Idaho Code.
cc: Department ofEnviromnental Quality Paula J. Wilson Martin Bauer

J.\like Nugent,Manager CathyHolland-Smith,Manager Don H;. Berg,Manager Glenn Harris,l\'Ianager Research & Legislation Budget & PolicyAnalysis LegislativeAudits InformationTechnology Statehouse,P.O. Box 83720 Tel: 208-334-2475

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

### Idaho Association of Commerce 

### & Industry 

# -, The Voice ofBusiness in**Id~hoi1j** 

# lAC

Martin Bauer June 4,2008 Air Quality Division DEQ 

### State Office 1410 

### N, Hilton Boise.ID 83706
Sent

### Via Email: martin)niuer(lv,deqJdahogov DearMartin; Thankyou for the 0ppOliunity tocomment 011 

### Sections 725 through 729, as they relate to sulfur content of

## fuels. We recognizethat the changes 

### arenot substantive innature; rather 

### itisto clean up and clarifY the sections. Nevertheless, it is IACI'sbeliefthatthis is 

## an imp011ant opportunityfor OUt

### organlzation

### to fonnally notify the IDEQ ofourinterest

### ill revising these sections to anowfor the utiljzation of alternative fuels, IACI'smembersare confronting untenable cil'cumstancesrelating to the current limitations inthese rules andescalatingfuel prices. Anyproposal presented for 

### discussion would achieve

### the level ofenvironmental protection .reflected in

### the currentrules or imposedbyexistingpermits. Specifically weproposetoworkwiththeIDEQ to draft languagethatwould give flexibility to Idaho sourcesto 1.18e varying sources ortypes offuel to respond to unpredictable fuel markets. Ourintent isto create flexibility 

### only to the extentthat currently 

### allowed sulfur

### emissions are authorizedunder an approved alternative. 

### We are aware that sucha chullge would require a 

### review by

### the EPAofldaho's 

### State ImplementationPlan, Nevet1heless, we are hopeful thatthe EPA will find such a change acceptable 

### as 

### such regulation has been successfully implemented in other 

### states. We are preparedto work with the IDEQ to provide the SUppOlt for sucha rule change. lACI wouldappreciate suggestions from IDEQ on 

### an appropriatepath forward. 

### We look forward to working 

### with you.



# -·,..-tli llfl

......., 

### CERTIFICATE OF HEARING
SUBJECT: Rules for the Control ofAir 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 ofJune, 2008, a public hearing was held on the Rules for the Control ofAir 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 ofthe public attended the hearing. Notice ofthis 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~**

# ar~ Hearing 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 authorizedby Sections 39·105 and 39·107, Idaho Code. PUBLIC HEARING SCHEDULE: A public hearing concerning this proposed rule will be held as follows:

DepartmentofEnvironmental 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 ensurethat the purpose and applicability ofSections 725 through 729, as theyrelate to sulfur content offuels, is clear. The revisions to Sections 725 through 729 have been proposed for clarification purposes and are not substantive in nature. Members ofthe regulated community who may be subject to Idaho's air quality rules as well as special interest groups, public officials, ormembers ofthepublic who have aninterestin the regulationofair 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 October2008 for adoption ofapending rule. The rule is expected to be final and effective upon adjournment ofthe 2009 legislative session ifadopted by the Board and approvedbythe 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 ofNegotiated Rulemaking was published in the Idaho Administrative Bulletin, Vol. 07-10,page 441, and apreliminary draftrule was made available forpublicreview. One meeting was held on October 24, 2007. Several members ofthe 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 itbroader 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 belowregarding this proposed rule. DEQ will consider all written comments receivedby the undersigned on orbefore June 10, 2008. DATED this 27th day ofMarch, 2008. Idaho Administrative Bulletin Page 60 May 7,2008

- Vol. 08-5DEPARTMENTOF ENVIRONMENTAL QUALITY DocketNo. 58-0101-0703 Rules for the Control

### ofAirPollution in Idaho Rule
PaulaJ. Wilson, Hearing Coordinator Department ofEnvironmental Quality 1410 N. Hilton, Boise, Idaho 83706-1255 (208)373-0418/FaxNo. (208)373-0481 pwilson@deq.idaho.gov

THE FOLLOWING IS THE TEXT OFDOCKET 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 ofsulfur dioxidefromfoclBurning SOI;lI'CCS inIdaho. Thereference 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 ofASTM Grade I or Grade 2 fuel oils. (5-1-94) 

# - Residual Fuel Oil. Any oil meeting the specifications ofASTM 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, 110perSall shtlllserl, distribute, 1;t8e ormaketlvailable/ei' 1;t8C, aN)' residualfowl oil eONtail9illgmore than twofInd one halfpercent (2.5%) sulfur byweight. 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 containingmore than one and three-fourths percent (1.75%) sulfurbyweight fH-94fL.J :n& ]}ISTIU:"iTEPVEL 

### ()n. 03. Distillate Fuel Oil. No person shall sell, distribute, use ormake available foruse, any distillate fuel oil containingmore than the following percentages ofsulfur: (5 1 

### 94)L---2 MI!. ASTM Grade 1. ASTM Grade 1fuel 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 DocketNo. 58-0101-0703 Rules for the ControlofAirPollution in Idaho ProposedRule than one percent (1.0%) sulfur byweight. 

### (5194)L-J 7-3626.

-- 749. (RESERVED). (BREAKIN CONTINUITY

### OFSECTIONS)
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 ofoperations. (3-15-02) 01. FuelType. Only ASTM (American Society ofTesting and Materials) Grade 1 or 2 fuel oil shall be used. The sulfur content ofthe fuel used shall not exceed the percentages ofsulfurgiven 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 perday hr/yr = hoursperyear (3-15-02) 03. Generator Opacity Limit. Visible emissions from any generator stack, vent, or other functionally equivalentopening shall not exceed twentypercent (20%) opacity for a period orperiods 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 recordthe following information. (3-15-02) i. The rated output capacity, in kilowatts (kW), oftheelectrical 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 ofthe fuel oil purchasedclearly identifying the ASTM Grade. (3-15-02) b. Records ofmonitoring 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 ofoperation 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

# -

-

-

### 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 ofthe 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 stringentthan federal regulations. 

### FISCAL IMPACT STATEMENT: The following is a specific description, ifapplicable, 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