,.­ STATE OF IDAHO 

### DEPARTMENT OF ENVIRONMENTAL QUALITY

1410 North Hilton· Boise. Idaho 83706·1255 • (208) 373-0502 

### July 13, 2005
Ron Krejzenbeck Regional Administrator U.S. EPA, Region 10 1200 Sixth Avenue Dirk Kempthome. Governor Toni Hardesty. Director



### Seattle, WA 98101 Re: State Implementation Plan Rule Revisions ; -r,/lt 17/

# r 0 (

### d +lr)v'I Dear Mr. Kreizenbeck: Enclosed for your review and approval are an original and four copies of revisions to the Department 

### of Environmental Quality's (DEQ) Rules for the Control 

### ofAir Pollution in Idaho, IDAPA 58.01.01

. DEQ 

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

### the following revisions as an update tothe contents 

### ofthe Idaho State Implementation Plan (SIP), 40 CFR, Part 52, Subpart N: IDAPA Docket 58-0101-0304
- New Source Review IDAPA Docket 58-0101-0401
- Permit to Construct Exemptions IDAPA Docket 58-0101-0402 -Annual Incorporation by Reference (2004) 

### These revisions to the state rules were promulgated pursuant to

### the Environmental Protection and Health 

## Act, Idaho Code, Sections 39-101 through 39-130. Review and approval by a DEQ 

### DeputyAttorney General was obtained at appropriate times throughout the rulemaking process. Rule adoption was made in accordance with the requirements of

### the federal Clean AirAct and applicable federal regulations. None ofthe revisions included in this submittal reflect a reduction in emission limits. 

## As a follow-up to previous submittals, DEQ forwarded 

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

### be reviewed by your 

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

### of ensuring previous submittals 

### do not slipfrom the SIP 

### priority list. Docket 58-0101-0102
- Soil Vapor Extraction Docket 58-0101-0103
- (a) HospitalJMedicaUlnfectious Waste Incinerators, and (b) Annual Incorporation by Reference (2001) Docket 58-0101-0002
- Nonmetallic Mineral Processing Docket 58-0101-0202
- (a) Permitting Clarification, and (b) Annual Incorporation by Reference (2002) Docket 58-0101-0301 -Annual Incorporation by Reference (2003) 

# ,­

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

### 2



### Ifyou oryour staff have 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 Idaho's SIP is updated as soon as possible. Sincerely,

# /t~ 

# '--------­
Toni Hardesty Director TH/ph Enclosures c: Martin Bauer, DEQ

# - STATE OF IDAHO 

### DEPARTMENT OF ENVIRONMENTAL QUALITY

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



### AMENDMENT TO THE RULES FORTHE CONTROL OF AIR POLLUTION IN IDAHO

Pursuant tothe Environmental Protection and Health Act, Idaho Code 

## 39-101 through 

## 39-130, I hereby submit amendments to

### the Rules forthe Control ofAir Pollution in Idaho (Air Rules), IDAPA

## 58.01.01, as edited in 

### the attachments, as a revision to Appendix

## A3 ofthe ImpJementation Plan for

### the Control 

### ofAir Pollution in 

### the State 

### of Idaho (Idaho SIP). The changes being submitted were adopted as pending by the Board 

### of Environmental Quality and approved by 

### the Idaho Legislature as indicated in the attachment. DATED this 

## 13th 

### day ofJuly, 2005.

Toni Hardesty Director

# -

### IDAPA 58
- DEPARTMENT OF ENVIRONMENTAL QUALITY 

# (­ 58.01.01 • RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO DOCKET NO. 58·0101-0402 NonCE OF RULEMAKING
- PROPOSED RULE



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

### ha.., proposed rulemaking. The.action is authorized by SectioDs 39-105 and 39-107, Idaho Code. This rulemaking updates citations to the federal regulations incorporated by reference as mandated by the U.S. Environmental Protection Agency (EPA) for approval ofthe state'sTitle V Operating Permit 

### Programpursuant to 40 CFR Part70 and fulfilling the requirements ofIdaho's delegation agreement with EPA under Section 112(1) ofthe CleanAirAct 

### PUBLIC HEARING SCHEDULE: A publichearing concerning this proposed rulemaking will beheld as follows: September 8, 

### Z004, 4:00p.m. Department ofEnvlronme.ntal 

### Quality Conference Center 

### 1410 N. UUton, BoJse, 

### Idaho. The hearing site(s) will be accessible to persons with disabHities. Requests for accommodation must

### be made no later than five (5) days priorto the hearing. Forarrangements, contact the undersigned at (208) 373-0418. 

### DESCRIPTIVE SUMMARY: The following is a nontechnical explanation of 

### the substance and purpose of the proposed rulemaking: This rulemaking is necessary to ensure that the Rules for the Control ofAir Pollution inIdaho will remain consistent with federal regulations. This proposed rule updates citations to federal regulations incorporated by reference to include those revised as ofJuly 1,2004. 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 ofpublic comments. DEQ intends to present the 

### final proposal to the Board ofEnvironmental Quality 

### in the fall of2004 for adoption ofa pending rule. The rule is expected to be fmal and effective upon the conclusion ofthe 2005 session ofthe Idaho Legislature ifapproved by the Legislature. 

### IDAHO CODE SECTION 39-107D 

### STATEMENT: This proposed rule does notregulate an activity not regulated by the federal government, nor is 

### itbroaderin scope ormore stringent than federal regulations. 

### FEE SUMMARY: No fee isbeing imposed orincreased by this rulemaking. 

### NEGOTIATED RULEMAKlNG: Due to the nature ofthis ruiemaking, negotiations were not held. 

### GENERAL INFORMATION: For more information about DEQ'sprograms and activities, visit DEQ's web site at www.deq.state.id.us

. 

### ASSISTANCE ON TECHNICAL QUESTIONS AND SUBMISSION OF WRITTEN COMMENTS: For assistance on technical questions concerning the proposed rule, contact Martin Bauer at (208) 373-0440 or mbauer@.Aeq.state.id.us

. Anyone may submit written comments regarding this proposedrulemaking. Written comments 

### may be submitted by mail. fax or e-ntail at the address below regarding this proposed rule. DEQ will consider 

### all written comments received 

### by the IUldersigned on orbefore September 8,2004.
DATEDthis 30th day ofJune, 2004.



### IdahoAdmJoutrativeBulletin Page 181 August

### 4. Z004

- Vol. 04-8

# - DEPARTMENT

### OFENVIRONMENTAL QUALITY 

### Docket No. 58-0101·0402 Rules for the Control of AirPollution In Idaho ProposedRulemaklng
Paula

### J. Wilson Environmental Quality Section Attorney General's Office 1410 N. Hilton, Boise, Idaho 83706-1255 (208)373-0418/FaxNo. (208)373-0481 pwilson@deq.state.id.us



### THE FOLLOWING IS THETEXT OFDOCKETNO. 58-0101..0402



### 008. DEFINITIONS FOR THEPURPOSES OF SECTIONS 300 mROUGH386. 

### 01. Affected States. All States: (5-1-94)


### a. Whose air quality may be affectedby the emissions ofthe Tier 1 source and that 

### are contiguous to Idaho; or (5-1-94) 

### b. That are within fifty (50) miles ofthe TierI source. (5-1-94) 02. 

### Allowance. An authorization allocated to a Phase 

# n source by the EPA to emit during or after a specified calendar year, one (1)tonofsulfur dioxide. (5-1-94) 03. 

### Applicable Requirement. Al) ofthe following 

### ifapproved or promulgated by EPA as they apply 

# - to emissions units 

### in a Tier 

### 1 source (including requirements that have 

### been promulgated through rulemaking at

### the time ofpermit issuance but which have future-effective compliance dates): (5-1-94)
a. Any standard or other requirement provided for in the applicable state implementation plan, including any revisions to that planthat 

### are specified in

### 40 CFR

### Parts 52.670 through 52.690. (5-1-94) 

### b. Any term or condition ofany permits to construct issued by the Department pursuant to Sections 200 through 223 

### or by EPA 

### pursuant to 42 U.S.C. Sections 7401 through 7515; provided that terms or conditions relevant onlytotoxic air pollutants are not applicable requirements. (4-5-00)


### c. Any standard orother requirement under 42U.S.C. Section 7411 including 40 CFR

### Part 60; (5-1-94) 

### d. Any standard orotherrequirement under42 U.S.C. Section 7412 including 40 CFRPart 61 and40 

### CFR Part 63; (5-1-94)


### e. Any standard orother requirement ofthe acid rain program under 42 U.S.C. Sections7651 through 76510; (5-1-94) 

# r. Any requirements established pursuant to 42 U.S.C. Section 7414(a)(3), 42 U.S.c. Section 7661c(b) or Sections 120 through 128 oftbese rules; (3-23-98) g. Any standard or other requirement governing solid waste incineration, under 42 U.S.C. Section 7429; (5-1-94) h. Any standard or other requirement for consumer andcommereial products and tank vessels, under 42 U.S.c. Sections 751lb(e) and (f); and (5-1-94)



### IdahoAdministrative Bulletin Page 182 

### August4, 2004 •Vol. 04-8

### DEPARTMENT

### OF ENVIRONMENTAL QUALITY DocketNo. 58-0101-0402 Rules 

### for the Control

### ofAirPollution In Idaho Proposed Ru/emaklng L Any standard orotherrequirement under42 U.S.c. Sections7671 through 7671q including40 CFR Part 82. (5-1-94) j. Any ambient air quality standard or increment or visibility requirement provided 

### in 42 U.S.C. Sections 7470 through 7492, but only as applied to temporary sources receiving Tier I operating permits under Section 324. (5-1-94) 04. Designated Representative. A responsible person or official authorized by the owner or operator ofa Phase 11 unit to represent the owner or operator in matters pertaining to the holding, transfer, or disposition of allowances allocated to a Phase II IJIlit, 

### and the submission ofand compliance with permits, permitapplications, and complianceplans for the Phase II unit. (5-1-94) OS. Draft Permit. The version ofa Tier 1operatingpermitthatis made availablebythe Departmentfor public participation and affected State review. (5-1-94) 06. Emergency. For the purposes of Section 332, an emergency is any situation arising from sudden and reasonably unforeseeable events beyond the control ofthe owner or operator, including acts of God, which situation requires immediate corrective action to restore norma) operation and that causes the Tier

### J source to exceed a technology-based emission limitation under the Tier I operating permit due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include noncompliance to the extent caused by improperly designedequipment, lack ofpreventative maintenance, careless orimproperoperation. or operatorerror. (4-5-00) 07. Final Permit. The version of a Tier I pennit issued by the Department that has completed aU reviewprocedures reqaired in Sections 364 and 366. (5-1-94) 08. GeneralPermit. A TierIpermit issued pursuant to Section 335. (3-23-98) 09. Inslgnlflunt Activity. Those activities that qualifY as insignificant in accordance with Section 317. (3-23-98) 10. Major Facility. A facility (as defmed in Section 006) is major ifthe facility meets any of the following criteria.: (3-23-98)
a. Forhazardous airpollutants: (3-23-98) i. The facility emits orhas the potential to emitten (10) tonsperyear (tpy) or more ofanyhazardous air pollutant, other than radionuclides, which has been listed Pumlant to 42 U.S.C. Section 7412(b); provided that emissions from any oil orgas exploration orproduction well (with its associated equipment) 

### and emissions from any oil or gas pipe1ine compressor or pump station shall not be aggregated with emissions from other similar emission units within the facility. (5-1-94) ii. The facility emits or has the potential to emittwenty-five (25) tpy or more ofany combination of any hazardous air pollutants, other than radionuclides, which have been listed pursuant to 42 U.S.C. 7412(b); provided that emissions from any oil or 

### gas exploration or production well (with its associated equipment) and emissions from any oil orgas pipeline compressor orpump station shall not be aggregated with emissions from other similaremission units within the facility. (5-1-94) 

### b. Fornon-attainment areas: (3-23-98) i. The facility is located ina "serious"particulate matter (PM-IO) nonattainment area and the facility hasthe potential to emit seventy (70) tpy ormore ofPM-lO. (5-1-94) 

### ii. The facility is located in a "serious" carbon monoxide nonattainment area in which stationary sources are significant contributors to carbon monoxide levels and the facility has the potential to emit fifty (50) tpy or more ofcarbon monoxide. (5-1-94) 

### iii. 

### The facility is located in an ozonetransportregion establishedpursuant to 42 U.S.C. Section 751lc 

# - IdahoAdministrative Bulletin Page 183 August4, 2004

- Vol. 04-8

### DEPARTMENT

### OF ENVIRONMENTAL QUALITY DocketNo. SIJ..0101·0402 Rules for 

### the Controlof AirPollution In Idaho ProposedRu/emaklng andthe facility has thepotential to emit fifty (50) tpy or more ofvolatile organic compounds. (5-1-94) iv. The facility is located 

### in an ozone nonattainment 

### area and, depending upon the classitication ofthe nonattainment area. the facility 

### bas 

### the potential to emit the following amounts ofvolatile organic compounds or oxides of nitrogen; provided 

### that oxides of nitrogen shall not be included if the facility has been identified in aceordance with 42 U.s.C. Section 741Ia(f){I) or (2) ifthe area 

### is "marginal" or "moderate", one hundred (100) tpy or more, ifthe 

### area is "serious", fifty (50) tpy ormore, ifthe area is 

### "severe", twenty-five (25) tpy or more, and iftbe area is "extreme", ten (10) tpy ormore. (3-23-98)
e. The facility emits or 

### bas the potential to emit one hundred (100) tons per year or more of any regulated air pollutant 

### listed in Subsections 006.84.a. through 006.84.e. 

### The fugitive emissions shaH not be considered in determining whether the facility is major unless the facility belongs to one (1) of the following categories: (4-5-00) 

### i. Designatedfacilities. (3-23-98) ii. All other source categories regulated by 40 CFR Part 60,40 CFRPart 61 or 40 CFRPart 63, but only with respect to those air pollutants that have been regulated for that category and only ifdetermined by rule 

### by the Administrator ofEPA pwsuant to Section 302(j) oftheCleanAirAct. (4-5-00) 11. Part 70. Unless specified otherwise in this chapter, all definitions adopted under 40 CFR Part 10, revised as ofJuly 1, 20W4, 

### are hereby incorporated by reterence.**~** 

### 12. Permit Revision. Any permit modification, administrative amendment orreopening. (3-19-99) 13. Phase II Source. A source that is subjectto emissions reduction requirements of42 U.S.C. Section 1651 through 16510 and shall have the meaning given to itpursuantto those sections. (5-1-94) 14. Phase 11 Unit. A unit that is subject to emissions reduction requirements of42 U.S.c. Sections 1651 through 16510and the term shall havethe meaning given to itpursuant 

### to those sections. (5-1-94) IS. Proposed Permit. The version ofa permit that the Department proposes to issue and forwards to the EPA for review. (5-1-94) 16. Section 502(b)(10) Changes. Changes that contravene an express permit term. Such changes do not include changes that would violate applicable requirements orcontravene federally enforceable permit terms and conditions that are monitoring (including test methods). recordkeeping, reporting, or compliance certification requirements. (3-19-99) 11. 

### Tier I OperatingPermit.Anypermit covering a Tier 

### 1 source that is issued, renewed, amended, 

### or revised purs\lant to Sections 300 through 386. (3-19-99) 

### (BREAKIN CONTINUITY

### OF SECTIONS)
107. INCORPORATlONSBY REFERENCE. 01. General.**Unles..~** expressly provided otherwise, any reference in these rules to any document identified 

### in Subsection 

### 107.03 shall constitute the 

### full incorporation into these rules of that document for the 

### purposes of the reference, including any notes and appendices therein. 

### The term "documents" includes codes. standards or rules which have been adopted by an agency ofthe state or ofthe United States 

### or by any nationally recognized organization orassociation. (5-1-94) 

### 02. Availability of Referented Material. Copies of the documents incorporated by reference 

### into these rules are available at the following locations: (5-1-94) 

# - Idaho Administrative Bulletin Page 184 

### August4, 2004

- Vol. 04-8

# - DEPARTMENTOF ENVIRONMENTAL QUALITY Docket No. 58-0101-0402 Rules for the Control of AirPollution In Idaho ProposedRulemaklng



### a. All federal publications: U.S. Government Printing Office, http://www.gpoaccess.gov/index.html; and (3-20-04) 

### b. All documents hereinincorporated by reference: (7-1-97) i. Department of Environmental Quality, 1410 N. Hilton, Boise, ldaho 83706:1255 at (208) 373­ 0502. (7-1-97) ii. State Law Library, 451 W. State Street, P.O. Box 83720, Boise, Idaho 83720-0051. (208) 334-3316. (7-1-97) 03. Documenta Ineorporated 

### byReference. The following documents are incorporated by reference into these rules: (5-1-94)
a. Requirements for Preparation, Adoption, and Submittal ofImplementation Plans; Appendix W to 

### Part 51--Guideline onAir Quality Models. 40 CFRParts 51 and 52revised as ofJuly 1, 200i:t.**~** 

### b. Implementation Plan for 

### the Control of

### Air Pollution in the State ofIdaho (SIP). Department of Environmental Quality, November 1996. (3-19-99)
e. National Primary and Secondary Ambient Air Quality Standards, 40 CFR Part 50, revised as of**Julyl,2~. ~**  

### d. Requirements for Preparation, Adoption, and Submittal of Implementation Plans, Protection of Visibility, Identification ofIntegral Vistas, Subsection a, 40 CFR Part 51304(a), revised as ofJuly 1, 200:;1.**~** 

### e. Approval and Promulgation oflmplementation Plans, 40 CFR Part 52, revised as ofJuly 1, 20<M:l.

### ~ f. 

### Ambient Air Monitoring Reference and Equivalent Methods, 40 CFRPart 53, revised as ofJuly I, 20<M:l.**~**



### .g. Ambient Air Quality Surveillance, Quality Assurance Requirements for Prevention of Significant Deterioration (PSD 

### Air Monitoring), 40 CFR Part 58, Appendix B, revised as ofJuly 1, 20<M:l.**~** 

### h. Standards ofPerformance for New Stationary Sources, 40 CFR Part 60, revised as ofJuly I,**2~ ~**  

### l. National Emission Standards for Hazardous Air Pollutants, 40 CFR Pan 61, revised as ofJuly I,**2~. ~**  

### j. National Emission Standards for Hazardous Air Pollutants for Source Categories, 40 CPRPart 63, revised as ofJuly I,**2~.** 

### .**~** 

### k. Compliance Assurance Monitoring. 40 CFR Part 64. revised as ofJuly 1,**2~** 

### I. Permits, 40 CFRPart 72, revised as ofJuly 1,**20~. ~**  

### m. Sulfur DioxideAllowance System. 40 CPRPart73, revised as ofJuly I,**20~. ~**  

### n. Protection ofStratospheric Ozone.40 CFRPart 82.revised as ofJuly I,**2~. ~**  

### o. Clean AirAct, 42 U.S.C. Sections 1401 through 7671g (1991). (3-19-99)

IdahoAdmiolstrativeBulletin Page 185 August4,2004

- Vol. 04-8

### DEPARTMENT

### OF ENVIRONMENTAL QUALITY DocketNo. 58-0101-0402 Rules forthe Control

### ofAirPollution In Idaho Propos.edRulemaklng p. Determining Conformity ofFedera1 Actions to State orFedera1lmplementation Plans: Contormity to State 

### or Federal Implementation Plans of Transportation Plans, Programs and Projects Developed, 

### Funded or Approved Under Trtle 

### 23 U.S.C. orthe Federal Transit Laws, 40 CFR. Part 93, Subpart A. Sections 93.100 through 93.129, revised as ofJuly 

### J,**2~** except that Sections 93.102(c), 93.104(d). 93.I04(eX2), 93.105, 93.I09(cHf), 93.1l8(e), 93.119(f)(3), 93.120(a)(2), 93.121(a)(I), and 93.l24(b) 

### are expressly omitted from tbe incorporation by reference.·**~** 

### {BREAK IN CONTINUITY

### OF SECTIONS}
200. PROCEDURESAND REQUIREMENTS FORPERMITS 10CONSTRUCT. The purposes of Sections 200 through 228 is to establish uniform procedures and requirements for the issuance of "Permits to Construct". As used throughout Sections 200 througb 

### 228 and 

### 578 through 

### 581, major facility 

### sba11 be defined 

### as major stationary source 

### in 40 CFR 52.21(b), revised as ofJuly 1,**2~** _ {l}ttpplelftel'h.!J by 67 

### JletI: 

### Reg. 89.186**~tJI'** 31, 

### 2()(J2} (fa 

### be e6tlijtetJtil 49 

### C}i'R 52.21 (b)J, andmajormodification shallbe defined as in 40 CFR 52.21(b), revised as ofJuly 1, 200J:1; fIIwsfljJfJletftetfle« 

### by**~7** 

### Fed. Reg. 89.186 (Deeembel'6.', 2()92j (l8lte 

### (!(;Jiiflet/

### at if) 

### CPR 52.2J(b)). These CFR sections have been codified in the electronic CFR which 

### is available at www.gpoaccess.gov/ecfr

.**~** 

### (BREAKIN CONTINUITY

### OF SECTIONS)
204. PERMITREQUIREMENTS FORNEW MAJOR FACILITIES ORMAJORMODIFICATIONS IN NONATTAINMENTAREAS. Ncw major facilities ormajormodifications proposed for location 

### in a nonattainment arca and which would 

### be major for the nonattainmentregulated airpollutant are considered nonattainment new source reyiew (NSR) actions and 

### are subject to the requirements 

### in Section 204. Section 202 contains application requirements and Section 209 contains processing requirements for nonattainmentNSR permitting actions. The intent of Section 204 is to incorporate the federal nonattainment NSR rulerequirements.· (2-5-04)T 

### OJ. Incorporated Federal Program Requirements. Requirements contained in the following subparts of40 CFR 

### 51.165, revised as ofJuly 

### 1, 20Ga1, fJ;ffJ .'H:I]'ftle"fCIIleti 

### by 1f:e4 Reg.**~$.921 (NH~'eIftb(}'I'**  7, 

### 20(fj) (16 

### be e6Jijied 81 

### 49 C,llR 51./M), are hereby incorporated by reference. Requirements contained in 

### the following subparts of 40 CFR 52.21, revised as of Ju1y I,**2~** flltti 9fIJ1pleffleltteti 

### by Itl Fed: Reg. 

### 80. !81t (Deeembe? 11, 

### 49(1) fl/fJ 68 1"t'eti. Reg. 6:HJ21 (H8vefllheg' 7, 29(J.j) (Ie 

### he 

### t!6t1Yfet1 til 49 CFR 3-2.20. 

### are hereby incorporated by reference. These CFR sections have been codified 

### in the electronic CFR which is available at www.gpoaccess.gov/ecfr

.

40 40 CFR 51.165(d) 52.21 (z){1)
- (3) and (6) 40 CFR 52.21 (aa) Clean Unit Provisions for Emission Units that Achieve an Emission limitation Comparable 

### to LAER PCP Exclusion Pr

.....ro.Ai11 Requirements Actual PALs 

# -

IdahoAdministrative BaIletin Page J86 AUgust 

### 4, 2004

- Vol. 04-8 

# ­

## ( DEPARTMENT

### OF ENVIRONMENTAL QUALITY DocketNo. 58-0101·0402 

### Rules forthe Control

### ofAirPollution In Idaho Proposed Ru/emaklng

02. 

### Additional Requirements. The applicant must demonstrate to the satisfaction ofthe Department the following: (2-5-04)T
a. 

### LAER Except as otherwise provided in Section 204, the new major facility or major modification would be operated at the lowest achievable emission rate (LAER) for the nonattaimnent regulated air pollutant, specifically: (2-5-04)T 

### i. A new major facility would meet the lowest achievable emission rate at each new emissions unit which emits 

### the nonattainmentregulated air pollutant; and (4-5-00) 

### ii. A major modification would meet the lowest achievable emission rate at each new or modified emissions unit which

### has a net emissions increase ofthe nonattaimnent regulated air pollutant. (4-5-00) b. Required offsets. Allowable emissions from the newmajorfacility ormajormodification are off.<;et by reductions in actual emissions 

### from stationary sources, facilities, andlor mobile sources in the nonattainment area so as to represent reasonable further progress. All offsetting emissiOn reductions must satisfy the requirements for emission reduction credits (Section 460) andprovide for a net air quality benefit which satisfies the requirements of Section 208. Ifthe offsets are provided by other stationary sources or facilities, a permit to construct shan not be issued for 

### the newmajor facility or major modification until the offsetting reductions arc made enforceable through the issuance ofoperatingpennits. The new majorfacility ormajormodification may not commence operation, and an operating pennit for the new major facility ormajor modification shall not be effective before the date the offsetting reductions are achieved. (4-5-00)


### c. Compliance status. All other sources 

### in the State owned or operated by the applicant, or by any entity controlling, controlled by or under common control 

### with such person, are in compliance with all applicable emission limitations and standards or subjectto an enforceable compliance schedule. (5-1-94) 

# ( d. Effect on visibility. The effect on visibility ofany federal Class I area, Class I area designated by the Department, or integral vista ofa mandatory federal Class I area, bythe new major facility or majormodification

. is consistent with makingreasonableprogresstoward remedying existing andpreventing future visibility impainnent.

Any integral vista which the Federal Land Manager bas not identified at least six (6) months priorto the submittal of a complete application, or which the Department determines was not identified in accordance with the criteria adopted pursuant to 40 CFR Part 51.304(a),maybe exempted from Section 204 bytbeDepartment. (2-5-04)T 03. 

### Nonmajor Requirements. If the proposed action meets the requirements of an exemption or exclusion under the provisions of40 CFR51.165 or40 CFR 52.21 incorporated 

### in Section 204, thenonmajor facility or stationary sourcepennittingrequirements ofSections 200through 228 apply, includingthe exemptions in Sections 220 through 223. (2-5-04)T 205. PERMIT REQUIREMENTS FOR NEW MAJORFACILITIES OR MAJORMODIFICATIONS IN ATTAINMENT OR UNCLASSIFIABLE AREAS. The prevention of significant deterioration (PSD) program is a construction pennitting program for new major facilities and major modifications to existing major facilities located 

### in area.'l in attainment or in areas that are unclassit'iable for any criteria air pollutant. Section 202 contains application requirements and Section 209 contains processing requirements for PSD permit actions. The intent of Section 205 is to incorporate the federal PSD rule requirements. (2-5-04)T 

### 01. Incorporated Federal Program Requirements. Requirements contained in the following subparts of40 CFR 52.21, revised as ofJuly 1,2008$ 

### firM 8t1ppleitfelfti!tri 

### by**~71'etrl.** 

### Reg.**89.18~** 

### (.geeember 3.', 

### 2(J(}1) tiflltrI**~8** 

### .fi:etrI.**Rt:~. ~3.921**  (A'61'elffbel' 7, 20(3) 

### fiB 

### be eeJifietl af 49 

### CPR 52.21), are hereby incorporated by reference. These CFR sections have been codified in the electronic CFR which is available at www.gpoaccess.gov/ ecfr.

IdahoAdministrative BuUetin 

### Page 187 August 4,2004

- Vol. 04-8

### DEPARTNIENT

### OFENVIRONMENTAL QUALITY Docket No. 58-0101-0402 

### Rules 

### for

### the Control

### of AirPollution In Idaho ProposedRulemaklng

## '~~~~~~~~'"

# '.·

..' •.•Pu

.•.' •...•.

: .•.•.• ·· ..'····'···,·'·'·······.....H "

....,."" '"

"'­ ......... -. " ..... ".::-;:::::::::::;-::::.::; 40 CFR 52.21 (a)(2) Applicability Procedures 40 CFR 52.21 (b) Definitions 40 CFR 52.21 (I) Review 

### of Major Stationary Sources 

### and Major Modlficatlons

- Source Applicability and Exempting 40 CFR 52.210> Control Technology Review 40 CFR 52.21 (k) Source Impact Analysis 40 CFR 52.21 (r) Source Obligation 40 CFR 52.21 (v) Innovative Control Technology 40 CFR 52.21 (w) Permit Rescission 40 CFR 52.21(x) Clean Unit Test 40 CFR 52.21(y) Clean Unit Provisions for Emissions Units that Achieve an Emission Limit Comparable 

### to BACT 40 CFR 52.21 (z)(1)
- (3) and (6) PCP Exclusion Procedural Requirements 40 CFR 52.21 (aa) Actual PALS

02. Exceptionto Incorporationby Reference of40 CFR 51.21. Every use ofthe word Administrator in 40 CFR 52.21 means the Department except for the following: (2-5-04)T
a. In 40 CFR 52.21(b)(l7). the definition of federally enforceable, Administrator means the EPA Administrator. (2-5-04)T b. In 40 CFR 52.2I(IX2), airqualitymodels. Administrator meansthe EPA Administrator. (2-5-04)T
Co In 40 CFR 52.2I(b){43), permit program approved by the Administrator, Administrator means the EPA Administrator. (2-5-04)T 

### d. In 40 CFR 52.21(bX48)(iiXc), MACf standard that is proposed or promulgated by the Administrator, Administrator means the EPA Administrator. (2-5-04)T


### e. In 40 CFR 52.2t(b)(50Xi)J regulated NSR ponutant as defined by Administmtor. Administrator meansthe EPA Administrator. (2-5-04)T 

### f. In 40 CFR 52.21(y)(4)(i), Administrator for BACT, LAER and RACT clearinghouse means the EPA Administrator. (2-5-04)T 03. NonmaJor Requirements. If the proposed action meets the requirements of an exemption or exclusion under the provisions of40 CFR 52.21 incorporated in Section 205. the nonmajor facility or stationary source pennittingrequirements ofSections 200through 228 apply. including the exemptions in Sections 220through 223.**(2-5~04)T** 

# -



# - Idaho Administrative Bulletin Page 188 

### August4, 2004

- Vol. 04--8

### CERTIFICATE OF HEARING
SUBJECT: Rules forthe Control ofAir Pollution in Idaho, Docket No. 58-0101-0402 LOCATION: DEQ Conference Center, 1410 N. Hilton, Boise, Idaho HEARING DATE: September 8, 2004 The undersigned designated hearing facilitator hereby certifies that on the 8th day of September, 2004, a public hearing was held on the Rules forthe Control ofAir Pollution in Idaho, Docket No. 58-0101-0402, at the DEQ conference center in Boise, Idaho. The hearing commenced at 4 p.m. and was adjourned at 4:30 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 August 4, 2004. This publication was timely made and other necessary notice requirements have been met.
DATED this 8th 

### day ofSeptember, 2004.

# paul8i.ilSOn Hearing Facilitator

CERTIFICATE OF HEARING \

# Legislative Services Office Idaho State Legislature

Carl F. 

### Bianchi 

# IS', VL!'- State Capitol 

### Director 

# JUt /!JO. Box 83720

## ~Ce 

# 18..,b,M Boise, ID 83720-0054 Of

Ih&-4. "'''(l98/334-2475; Fax 334·2125 

## July 27, 2004**IO~l?)l!Jy** www2.state.id.usllegislat Gel)liJf<it1



## Paula J. Wilson Environmental Quality Section Attorney General's Office 1410 N. Hilton Boise, ID 83706-1255 Dear Ms. Wilson: The Senate and House Subcommittees for review of administrative rules have reviewed the proposed changes to the Department of Environmental Quality rules: TW9 

### Sets ofProposed Rules ofthe Department ofEnvironmental Quality: 58.01.01

- Rules for the Control ofAir Pollution in 

### Idaho (Docket#58-0101-0402) 58.01.05

- Rules & 

### Standards for Hazardous Waste (Docket#58-0105-0402)


## No meeting will 

## be held, and we are pleased to report that no objections will be filed. Sincerely yours,

# ?J7~ 

# ltk/­

Mike Nugent Supervisor MPN/ca


# .­ ( I"ike Nugent, Supervisor JeffYoutz, Supervisor**Raylneck,Superv~or** 

### Glenn Harris,**Superv~or** 

### Research & 

### Legislation Budget & 

### Policy Analysis Legislative Audits Network Administration mnugent@lso.state.id.us jyoutz@lso.state.id.us rineck@Jso.state.id.us gharris@Jso.state.id.us

## RECEIVED 

# Legislative Services Office JUL

- 9200lt 

# Idaho State Legislature office ottile Attomey General 

### tOEQ Carl 

### F. Bianchi State Capitol 

### Director P.O. Box 83720 Boise, ID 83720-0054 208/334-2475; Fax 334-2125 

# MEMORANDUM www2.state.id.usllegislat


## TO: Gennane Subcommittees for Administrative Rules Review ofthe Senate Health and Welfare Committee and the House ofRepresentatives Environmental Affairs Committee 

### FROM: Research and Legislation Staff, Nugent DATE: July 7, 2004 SUBJECT: Two Sets ofProposed Rules oftheDepartment ofEnvironmental Quality: 58.01.01

- Rules for the Control ofAirPollution inIdaho (Docket #58-0101-0402) 58.01.05

- Rules & Standards for Hazardous Waste (Docket #58-0105-0402) TheDepartment ofEnvironmental Qualityisproposing to promulgate two sets ofproposed rules 

# ­ relating to airquality andrelating to hazardous waste. Theproposed 

### air qualityrules update citations to the federal regulations incorporated byreference as mandated bythe U.S" Environmental Protection Agency for approval ofthe State'sTitle V Operating PermitProgram pursuantto 40 CFRPart70 and fulfilling the requirements ofIdaho's delegation agreement with EPAunder Section 112(1) ofthe federal Clean AirAct. The Department isholding a public hearing on this set ofproposed rules on September 8, 2004 at 5:15 p.m. atthe Department's office in Boise. Theproposed hazardous waste rules also update citations with date changes to federal regulations incorporatedbyreference to implement the Resource**Co~ervation** 

### and Recovery Act (RCRA). It 

### appears that both set ofproposed rules have beenpromUlgated 

## within the scope ofstatutory authoritygranted to the Department ofEnvironmental Quality.

cc: Department ofEnvironmental Quality



# -.
Mike Nugent, Supervisor

Research & Legislation JeffYoutz, Supervisor Budget & Policy Analysis Ray Ineck, Supervisor Legislative Audits Glenn Harris, Supervisor Network Administration mnugent@lso.state.id.us jyoutZ@lso.state.id.us rineck@lso.state.id.us gharriS@lso.state.id.us

## State ofIdaho 

# DEPARTMENT OF ENVIRONMENTAL QUALITY Board ofEnvironmental Quality

1410 North Hilton, Bol

..,10 83708·1255, (208) 373-0102 Dirk**~mpthorne.** Govemor Toni Hardesty. Dll'Ktor


### DECLARATION OF RULEMAKING BYTHE BOARD OF ENVIRONMENTAL QUALITY ADOPTION OF PENDING RULE DOCKET NO.**58..o101~2** 

### Pursuant to the authority granted 

## to the Board of Environmental Quality in Title 39, Chapter 1, Idaho Code, and under the provisions for rule adoption contained in Section 67-5224, Idaho Code, I declare that the Rules for the Control ofAir Pollution in Idaho are hereby adopted, as pending rules, as presented in the attached Final Proposal

. 

## • 

## II-IS-ot Date STATE OF IDAHO ) 

## ss. County ofAda ) 

### On this /.ff!!!of November, 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared John R. MacMillan, Chairman, known 

## to me 

## to be the person whose name is 

### subscribed to the within instrument and acknowledged 

## to me that he executed the same. IN WITNESS WHEREOF I 

### I have set 

### my hand and affixed my official seal the day and year in this certificate first above written

.

. 

# ­ Notary

## PUbl~d.hO 

# ,.,JlJ

# R"idlng~~ expires: C

# (**,~** 

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

Agenda Item #8 Rules for the Control ofAir Pollution in Idaho. Docket No. 58-0101-0402
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. 58-0101-0402.



# ,­

# - RULE PROMULGATION AUTHORITY CHECKLIST Rules for the Control of Air Pollution in Idaho, IDAPA 58.01.01 Docket No. 58-0101-0402
DATE INITIALS Legal Review of Proposed Administrative Rules Form

# ~1~

# #~ Director Approval of Proposed Administrative Rules Form Approval Received from DFM/Governor Legal Review of ProposedlTemporary Rule Docket 

# ::t (){p1)!jfj{ C!.AoirectorApproval of ProposedfT emporary Rule Oockel



# - Board Adoption ofTemporary Rule Legal Review of PendinglTemporary Rule Docket 

# ,(1- 

# If Director Approval of PendinglTemporary Rule Docket
Board Adoption of PendinglTemporary Rule . 1



# -**~** \. \ 

### Doch

__ Number: 58-0101-0402 

### Effective Date: Adjournment of 2005 

### Legislative Session Rules Title: Rule§ forthe Control ofAir Pollution in Idaho Agency Contact and Phone: Martin Bauer. 373-0440 

# , , Public Notice Negotiated Rule Making: [ ] Yes [X] No Groups Involved: 

# ,

Descriptive Summary of Rule as It

### was Initially Proposed: This rulemaking is necessary to ensure that the Rules for the Control ofAir Pollution in Idaho will remain consistent with federal regulations. This proposed rule updates Citations 

## to federal regulations incorporated by reference 

## to include those revised as ofJuly 1, 2004. 

### No public comments were received. DEQ recommends that the Board adopt the rule, as presented In the final proposal, as a pending rule with a final effective date coinciding with the adjoumment sine die ofthe First Regular Session ofthe Fifty-eighth Idaho Legislature. The rule is subject

## to review by 

### the Legislature before becoming final and effective. Hearings: [X) Yes [ ) No Locations and Dates: Boise. 9/8/04


# I Written Comment Deadline: 

## i.l.MM

Costs to

### the Agency: None. Costa to

### the Regulated Community: None.

Relevant Statut

.. : Idaho Code §§ 

### 39-105 and 39-107
IDAHO CODE § 

### 39·107D STATEMENT: This rule does not regulate an activity not regulated by the federal government, nor is it broader in scope or more sbingent than federal law or regulations.

Rulemaking and Public Comment Summary
- Page 1

### 204
205 Temporary Rule [ ] Necessary to protect public health, safety or welfare [ ] Compliance with deadlines in amendments 

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

Docket Number: 58-0:]Q1-0402

Section
008 Definitions for the Purposes of Sections 300 through 386. No comment received. No change. None. 107 200 Incorporations by Reference. Procedures and Requirements for Permits 

### to Construct. No comment received. No change. No comment received. No change. None. None. ! 

### Existing Rule Summary

Permit Requirements for New Major Facilities or Major Modifications in Nonattainment Areas. Permit Requirements for New Major Facilities or Major Modifications in Attainment or Unclassifiable Areas. Summary of Rule Changes Based on Public Comment

No comment received. No change.
No comment received. No change. Outstanding Issues

None.
None.

Rulemaking and Public Comment Summary
-**Pa~e** 

### 2 

# , ) )

## FINAL PROPOSAL
RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO, DOCKET NO. 58-0101-0402 The Department of Environmental Quality recommends that the Board 

### of Environmental Quality adopt the rule as initially proposed in the Idaho Administrative Bulletin, August 4, 2004 Vol. 04-8, pages 181 through 188.

### IDAPA 58
- DEPARTMENT OF ENVIRONMENTAL QUALITY 58.01.01
- RULES FOR THE CONTROL OF AIR POLLUnON IN IDAHO DOCKET NO. 58-0101-0402 NOTICE OF RULEMAKING
- PENDING RULE EFFEcnvE DATE: This rule has been adopted by the Board of Environmental Quality (Board) and is now pending review by 

### the 2005 Idaho State Legislature for final approval. The pending rule 

### wiH becomefinal and effective immediately upon the adjournment 

### sine die ofthe First Regular Session ofthe Fifty-eighth Idaho Legislature unless prior 

## to that date the rule is rejected, amended or modified by concurrent resolution in accordance with Idaho Code Sections 67-5224 and 67-5291. 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. This rulemaking updates citations 

## to the federal regulations incorporated by reference as mandated by the U.S. Environmental Protection Agency (EPA) for approval 

### ofthe state's Title V Operating Permit Program pursuant

## to 40 CFR Part 70 and fulfilling the requirements 

### of Idaho's delegation agreement

### with EPA underSection 112(1) ofthe Clean 

### Air Act. 

### DESCRIPnvE SUMMARY: A detailed summary ofthe reason for adopting the rule is set forth in the initial proposal published in the Idaho Administrative Bulletin, August 4,2004 Vol. 

### 04-8, pages 181 through 188. The agency received no public comments on the proposal, and the rule has been adopted as initially proposed. The rulemaking record can be obtained by contacting the undersigned. IDAHO CODE § 

### 39-107D STATEMENT: This rule does not regulate an activity not regulated by the federal government, nor is it broader in scope or more stringent than federal regulations. GENERAL INFORMATION: For more information about DEQ's programs and activities, visit DEQ's web site at www.deq.idaho.gov. ASSISTANCE ON TECHNICAL QUESTIONS: For assistance on questions concerning this rulemaking, contact Martin Bauerat (208) 373-0440 or mbauer@deq.state.id.us. Dated this 18 th 

### day of November, 2004.
Paula 

### J. Wilson Hearing Coordinator Department of Environmental Quality 1410 N. Hilton Boise,ldaho 83706-1255 (208)373-0418/Fax No. (208)373-0481 pwilson@deq.statejd.us 

# -