,.­

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 of Air Pollution in Idaho, 

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

following revisions as an update to the contents of the Idaho State Implementation Plan (SIP), 

40 CFR, Part 52, Subpart N: 

IDAPA Docket 58-0101-0304 - New Source Review 

IDAPA Docket 58-0101-0401 - Permit to Construct Exemptions 

IDAPA Docket 58-0101-0402 -Annual Incorporation by Reference (2004) 

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

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

Deputy Attorney General was obtained at appropriate times throughout the rulemaking process. 

Rule adoption was made in accordance with the requirements of the federal Clean Air Act and 

applicable federal regulations. None of the revisions included in this submittal reflect a reduction 

in emission limits. 

As a follow-up to previous submittals, DEQ forwarded the following rule changes to EPA on May 

22,2003 and April 2, 2004 for inclusion in the Idaho SIP. We understand these documents will 

be reviewed by your staff in the future. We mention these dockets here only for purposes of 

ensuring previous submittals do not slip from the SIP priority list. 

Docket 58-0101-0102 - Soil Vapor Extraction 

Docket 58-0101-0103 - (a) 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 

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

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

provide assistance to ensure Idaho's SIP is updated as soon as possible. 

Sincerely, 

/t~'--------­

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 FOR THE CONTROL OF 


AIR POLLUTION IN IDAHO 


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

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

IDAPA 58.01.01, as edited in the attachments, as a revision to Appendix A3 of the 

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 of July, 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 rule making 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 ofIdaho's delegation agreement with EPA under Section 112(1) ofthe Clean Air Act 

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

September 8, Z004, 4:00 p.m. 


Department of Envlronme.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 prior to the hearing. For arrangements, 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 rule making 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 of July 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 of public comments. DEQ intends to present the final proposal to the Board of Environmental 

Quality in the fall of 2004 for adoption of a pending rule. The rule is expected to be fmal and effective upon the 

conclusion ofthe 2005 session ofthe Idaho Legislature if approved by the Legislature. 

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. 

FEE SUMMARY: No fee is being imposed or increased by this rule making. 

NEGOTIATED RULEMAKlNG: Due to the nature of this ruiemaking, negotiations were not held. 

GENERAL INFORMATION: For more information about DEQ's programs 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 proposed rulemaking. 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 or before September 8,2004. 

DATED this 30th day ofJune, 2004. 

Idaho AdmJoutrative Bulletin Page 181 August 4. Z004 - Vol. 04-8 
Rules 

DEPARTMENT 

for the Control 

OF ENVIRONMENTAL 

ofAirPollution In 

QUALITY 

Idaho 

Docket 

Proposed 

No. 58-0101·0402 

Rulemaklng - Paula J. Wilson 

Environmental Quality Section 

Attorney General's Office 

1410 N. Hilton, Boise, Idaho 83706-1255 

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

pwilson@deq.state.id.us 

THE FOLLOWING IS THE TEXT OF DOCKET NO. 58-0101..0402 

008. DEFINITIONS FOR THE PURPOSES OF SECTIONS 300 mROUGH 386. 

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

a. Whose air quality may be affected by the emissions ofthe Tier 1 source and that are contiguous to 

Idaho; or (5-1-94) 

b. That are within fifty (50) miles of the Tier I source. 	 (5-1-94) 

02. Allowance. An authorization allocated to a Phase nsource by the EPA to emit during or after a 

specified calendar year, one (1) ton ofsulfur dioxide. (5-1-94) 

to emissions 

03. 

units 

Applicable 

in a Tier 1 source 

Requirement. 

(including 

Al) 

requirements 

of the following 

that have 

if approved 

been promulgated 

or promulgated 

through 

by EPA 

rulemaking 

as they 

at 

apply 

the - time of permit 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 plan that are specified in 40 CFR Parts 52.670 through 52.690. (5-1-94) 

b. Any term or condition of any 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 only to toxic air pollutants are not applicable requirements. (4-5-00) 

c. 	 Any standard or other requirement under 42 U.S.C. Section 7411 including 40 CFR Part 60; 

(5-1-94) 

d. Any standard or other requirement under 42 U.S.C. Section 7412 including 40 CFR Part 61 and 40 

CFR Part 63; (5-1-94) 

e. Any standard or other requirement ofthe acid rain program under 42 U.S.C. Sections 7651 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 and commereial products and tank vessels, under 

42 U.S.c. Sections 751lb(e) and (f); and (5-1-94) 

Idaho Administrative Bulletin Page 182 	 August 4, 2004 • Vol. 04-8 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0402 


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


L Any standard or other requirement under 42 U.S.c. Sections 7671 through 7671q including 40 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 

of a 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, permit applications, and 

compliance plans for the Phase II unit. (5-1-94) 

OS. Draft Permit. The version ofa Tie r 1 operating permit that is made available by the Department for 

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 of the 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 

designed equipment, lack ofpreventative maintenance, careless or improper operation. or operator error. (4-5-00) 

07. Final Permit. The version of a Tier I pennit issued by the Department that has completed aU 

review procedures reqaired in Sections 364 and 366. (5-1-94) 

08. General Permit. A Tier I permit 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 if the facility meets any of the 

following criteria.: (3-23-98) 

a. For hazardous air pollutants: (3-23-98) 

i. The facility emits or has the potential to emit ten (10) tons per year (tpy) or more of any hazardous 

air pollutant, other than radionuclides, which has been listed Pumlant to 42 U.S.C. Section 7412(b); provided that 

emissions from any oil or gas exploration or production 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 emit twenty-five (25) tpy or more of any 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 or gas pipeline compressor or pump station shall not be aggregated with emissions from other 

similar emission units within the facility. (5-1-94) 

b. For non-attainment areas: (3-23-98) 

i. The facility is located in a "serious" particulate matter (PM-IO) nonattainment area and the facility 

has the potential to emit seventy (70) tpy or more 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 ozone transport region established pursuant to 42 U.S.C. Section 751lc 

-
 Idaho Administrative Bulletin Page 183 August 4, 2004 - Vol. 04-8 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. SIJ..0101·0402 


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


and the facility has the potential to emit fifty (50) tpy or more of volatile 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 of volatile 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 or more, ifthe area is "severe", twenty-five (25) tpy or more, and iftbe 

area is "extreme", ten (10) tpy or more. (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. Designated facilities. (3-23-98) 

ii. All other source categories regulated by 40 CFR Part 60,40 CFR Part 61 or 40 CFR Part 63, but 

only with respect to those air pollutants that have been regulated for that category and only if determined by rule by 

the Administrator of EPA pwsuant to Section 302(j) ofthe Clean Air Act. (4-5-00) 

11. Part 70. Unless specified otherwise in this chapter, all definitions adopted under 40 CFR Part 10, 

revised as of July 1, 20W4, are hereby incorporated by reterence. ~ 

12. Permit Revision. Any permit modification, administrative amendment or reopening. (3-19-99) 

13. Phase II Source. A source that is subject to emissions reduction requirements of42 U.S.C. Section 

1651 through 16510 and shall have the meaning given to it pursuant to those sections. (5-1-94) 

14. Phase 11 Unit. A unit that is subject to emissions reduction requirements of 42 U.S.c. Sections 

1651 through 16510 and the term shall have the meaning given to it pursuant to those sections. (5-1-94) 

IS. Proposed Permit. The version of a 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 or contravene federally enforceable permit terms and 

conditions that are monitoring (including test methods). recordkeeping, reporting, or compliance certification 

requirements. (3-19-99) 

11. Tier I Operating Permit. Any permit covering a Tier 1source that is issued, renewed, amended, or 

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

(BREAK IN 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 of the state or of the United States or by any nationally 

recognized organization or association. (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 August 4, 2004 - Vol. 04-8 -

-
 DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0402 


Rules for the Control ofAir Pollution In Idaho Proposed Rulemaklng 


a. All federal publications: U.S. Government Printing Office, http://www.gpoaccess.gov/index.html; 

and (3-20-04) 

b. All documents herein incorporated 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 by Reference. The following documents are incorporated by reference 

into these rules: (5-1-94) 

a. Requirements for Preparation, Adoption, and Submittal of Implementation Plans; Appendix W to 

Part 51--Guideline on Air Quality Models. 40 CFR Parts 51 and 52 revised as of July 1, 200i:t. ~ 

b. Implementation Plan for the Control of Air Pollution in the State of Idaho (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 of Integral Vistas, Subsection a, 40 CFR Part 51304(a), revised as of July 1, 

~ 

200:;1. 

e. Approval and Promulgation oflmplementation Plans, 40 CFR Part 52, revised as of 

~ 

July 1, 20<M:l. 

f. Ambient Air Monitoring Reference and Equivalent Methods, 40 CFR Part 53, revised as of July 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 of

~ 

July I, 2~ 

l. National Emission Standards for Hazardous Air Pollutants, 40 CFR Pan 61, revised as of July I, 

2~. 

j. National Emission Standards for Hazardous Air Pollutants for Source Categories, 40 

~ 

CPR Part 63, 

revised as of July 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 Dioxide Allowance System. 40 CPR Part 73, revised as ofJuly I, 20~. ~ 

n. Protection of Stratospheric Ozone. 40 CFR Part 82. revised as of July I, 2~. ~ 

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

Idaho Admiolstrative Bulletin Page 185 	 August 4, 2004 - Vol. 04-8 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0402 


Rules for the Control ofAirPollution In Idaho Propos.ed Rulemaklng 


p. Determining Conformity ofFedera1 Actions to State or Federa1lmplementation Plans: Contormity 

to State or Federal Implementation Plans of Transportation Plans, Programs and Projects Developed, Funded or 

Approved Under Trtle 23 U.S.C. or the Federal Transit Laws, 40 CFR. Part 93, Subpart A. Sections 93.100 through 

93.129, revised as of July 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. PROCEDURES AND REQUIREMENTS FOR PERMITS 10 CONSTRUCT. 

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 of July 1, 2~ _ {l}ttpplelftel'h.!J by 67 JletI: 

Reg. 89.186 ~tJI' 31, 2()(J2} (fa be e6tlijtetJ til 49 C}i'R 52.21(b)J, and major modification shall be 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. ~ 

(BREAK IN CONTINUITY OF SECTIONS) 

204. PERMIT REQUIREMENTS FOR NEW MAJOR FACILITIES OR MAJOR MODIFICATIONS IN 

NONATTAINMENT AREAS. 

Ncw major facilities or major modifications proposed for location in a nonattainment arca and which would be major 

for the nonattainment regulated air pollutant 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 rule requirements.· (2-5-04)T 

OJ. Incorporated Federal Program Requirements. Requirements contained in the following 

subparts of 40 CFR 51.165, revised as of July 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 

-


Idaho Administrative BaIletin Page J86 AUgust 4, 2004 - Vol. 04-8 ­
( DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101·0402 

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

02. Additional Requirements. The applicant must demonstrate to the satisfaction of the 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 nonattainment regulated 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 new major facility or major modification 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) and provide for a net air quality benefit which satisfies the requirements of 

Section 208. If the offsets are provided by other stationary sources or facilities, a permit to construct shan not be 

issued for the new major facility or major modification until the offsetting reductions arc made enforceable through 

the issuance ofoperating pennits. The new major facility or major modification may not commence operation, and an 

operating pennit for the new major facility or major 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 subject to an enforceable compliance schedule. (5-1-94) 

( d. Effect on visibility. The effect on visibility of any federal Class I area, Class I area designated by 

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

. is consistent with making reasonable progress toward remedying existing and preventing future visibility impainnent. 

Any integral vista which the Federal Land Manager bas not identified at least six (6) months prior to the submittal of 

a complete application, or which the Department determines was not identified in accordance with the criteria 

adopted pursuant to 40 CFR Part 51.304(a), may be exempted from Section 204 bytbe Department. (2-5-04)T 

03. Nonmajor Requirements. If the proposed action meets the requirements of an exemption or 

exclusion under the provisions of40 CFR 51.165 or 40 CFR 52.21 incorporated in Section 204, the nonmajor facility 

or stationary source pennitting requirements ofSections 200 through 228 apply, including the exemptions in Sections 

220 through 223. (2-5-04)T 

205. PERMIT REQUIREMENTS FOR NEW MAJOR FACILITIES OR MAJOR MODIFICATIONS IN 

ATTAINMENT OR UNCLASSIFIABLE AREAS. 

The prevention of significant deterioration (PSD) program is a construction 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 of 40 CFR 52.21, revised as of July 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. 

Idaho Administrative BuUetin Page 187 August 4, 2004 - Vol. 04-8 
DEPARTNIENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0402 


Rules for the Control ofAirPollution In Idaho Proposed Rulemaklng 


'~~~~~~~~'"'.· '..•.• 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. Exception to Incorporation by 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 52.2 I (IX2), air quality models. Administrator means the EPA Administrator. (2-5-04)T 

Co In 40 CFR 52.2 I (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 

means the 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 of 40 CFR 52.21 incorporated in Section 205. the nonmajor facility or stationary source pennitting requirements of Sections 200 through 228 apply. including the exemptions in Sections 220 through 

223. (2-5~04)T 

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Idaho Administrative Bulletin Page 188 August 4, 2004 - Vol. 04--8 -


CERTIFICATE OF HEARING 

SUBJECT: Rules for the Control of Air 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 for the Control of Air 

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 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 August 4, 2004. This publication was timely made 

and other necessary notice requirements have been met. 

DATED this 8th day of September, 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 

OfIh& -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 of Proposed Rules of the Department of Environmental Quality: 

58.01.01 - Rules for the Control of Air 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 Jeff Youtz, 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 - 9 200lt Idaho State Legislature office ot tile 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 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 #58-01 05-0402) 

The Department ofEnvironmental Quality is proposing to promulgate two sets ofproposed rules ­ relating to air quality and relating to hazardous waste. The proposed air quality rules update 

citations to the federal regulations incorporated by reference as mandated by the U.S" 

Environmental Protection Agency for approval ofthe State's Title V Operating Permit Program 

pursuant to 40 CFR Part 70 and fulfilling the requirements ofIdaho's delegation agreement with 

EPA under Section 112(1) ofthe federal Clean Air Act. The Department is holding a public 

hearing on this set ofproposed rules on September 8, 2004 at 5:15 p.m. at the Department's 

office in Boise. 

The proposed hazardous waste rules also update citations with date changes to federal regulations 


incorporated by reference to implement the Resource Co~ervation and Recovery Act (RCRA). 


It appears that both set ofproposed rules have been promUlgated within the scope ofstatutory 


authority granted to the Department ofEnvironmental Quality. 


cc: Department ofEnvironmental Quality 

-. 


Mike Nugent, Supervisor 

Research & Legislation 

Jeff Youtz, 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 of Environmental Quality 

1410 North Hilton, Bol ..,10 83708·1255, (208) 373-0102 Dirk ~mpthorne. Govemor 

Toni Hardesty. Dll'Ktor 

DECLARATION OF RULEMAKING 


BY THE 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 of Air 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 of Ada ) 

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 WHEREOFI 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 of the Idaho 'Board of Environmental Quality 

Agenda Item #8 

Rules for the Control of Air 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 

~1~ Legal Review of Proposed Administrative Rules Form

#~ Director Approval of Proposed Administrative Rules Form 

Approval Received from DFM/Governor 

:: t Legal Review of ProposedlTemporary Rule Docket 

(){p1)!jfj{ C!.Aoirector Approval of ProposedfT emporary Rule Oockel 

- Board Adoption of Temporary 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§ for the Control of Air 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 of Air 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 of July 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 of the First Regular Session of the 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 become final and 

effective immediately upon the adjournment sine die of the First Regular Session of the Fifty-eighth Idaho 

Legislature unless prior to that date the rule is rejected, amended or modified by concurrent resolution in 

accordance with Idaho Code Sections 67-5224 and 67-5291. 

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 of the state's Title V Operating Permit Program pursuant to 40 CFR Part 

70 and fulfilling the requirements of Idaho's delegation agreement with EPA under Section 112(1) of the Clean 

Air Act. 

DESCRIPnvE SUMMARY: A detailed summary of the 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 Bauer at (208) 373-0440 or mbauer@deq.state.id.us. 

Dated this 18th 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 

-