DATE: March 19,2012 

SUBJECT: Technical Support Document: Approval and Promulgation of Implementation 

Plans; Idaho: Infrastructure Requirements for the 1997 8-Hour Ozone National 

Ambient Air Quality Standard; Prevention of Significant Deterioration 

Greenhouse Gas Permitting Authority and Tailoring Rule 

FROM: Kristin Hall 

THRU: Debra Suzuki, 

TO: Docket File EPA-RlO-OAR-2010-0724 

1 

nit Manager, STA~U 

MEMORANDUM 


A. INTRODUCTION 

EPA is proposing to approve the State Implementation Plan (SIP) submittals from the State of 

Idaho to demonstrate that the SIP meets the requirements ofsection 110(a)(1) and (2) ofthe 

Clean Air Act (CAA) for the National Ambient Air Quality Standards (NAAQS) promulgated 

for ozone on July 18, 1997. EPA is proposing to find that the current Idaho SIP meets the 

following 11 0(a)(2) infrastructure elements for the 1997 8-hour ozone NAAQS: (A), (B), (C), 

(D)(ii), (E)(i), (E)(iii), (F), (G), (H), (J), (K), (L), and (M). EPA is taking no action on CAA 

section 110(a)(2)(E)(ii) at this time. We will address the requirements ofthe 11O(a)(2)(E)(ii) in a 

separate action. EPA is also proposing to concurrently approve a SIP revision that applies 

Idaho's Prevention of Significant Deterioration (PSD) Program to greenhouse gas (GHG) 

emitting sources above certain thresholds. As a result, EPA is proposing to rescind the Federal 

Implementation Plan (FIP) put in place to ensure the availability of a permitting authority for 

greenhouse gas emitting sources in Idaho. Finally, EPA is proposing to approve revisions to 

Idaho's SIP to update incorporation by reference citations for specific federal regulations, 

including PSD regulations, and remove language from the SIP that has become unnecessary as a 

result ofIdaho's incorporation by reference ofthe federal NAAQS and PSD regulations. 

B. BACKGROUND 

Section 1l0(a)(1) and (2): 

On July 18, 1997, EPA promulgated a new NAAQS for ozone. EPA revised the ozone NAAQS 

to provide an 8-hour averaging period which replaced the previous I-hour averaging period, and 

the level ofthe NAAQS was changed from 0.12 parts per mil1ion (ppm) to 0.08 ppm (62 FR 

38856). 

The Clean Air Act (CAA or Act) requires State Implementation Plans (SIPs) meeting the 

requirements ofsections 11O(a)(1) and (2) be submitted by states within 3 years after 

promulgation of a new or revised standard. Sections 11 O(a)(1) and (2) require states to address 

1 
basic SIP requirements, including emissions inventories, monitoring, and modeling to assure 

attainment and maintenance of the standards, so-called "infrastructure" requirements. States 

were required to submit such SIPs for the 1997 8-hour ozone NAAQS to EPA no later than June 

2000. However, intervening litigation over the 1997 8-hour ozone standard created uncertainty 

about how to proceed, and many states did not provide the required infrastructure SIP 

submissions for the newly promulgated standard. 

To help states meet this statutory requirement, EPA issued guidance to address infrastructure SIP 

elements under section 11 O(a)(l) and (2).1 This guidance provides that to the extent an existing 

SIP already meets the section 11 0(a)(2) requirements, states need only to certify that fact via a 

letter to EPA. Section 11 O(a) imposes the obligation upon states to make a SIP submission to 

EPA for a new or revised NAAQS, but the contents of that submission may vary depending upon 

the facts and circumstances. In particular, the data and analytical tools available at the time the 

state develops and submits the SIP for a new or revised NAAQS affects the content of the 

submission. The contents ofsuch SIP submissions may also vary depending upon what 

provisions the state's existing SIP already contains. In the case ofthe 1997 8-hour ozone 

NAAQS, states typically have met the basic program elements required in section 11 O(a)(2) 

through earlier SIP submissions in connection with previous ozone standards. 

PSD GHG Permitting Authority and Tailoring Rule: 

This section briefly summarizes EPA's recent GHG-related actions that provide the background 

for this action. More detailed discussion of the background is found in the preambles for those 

actions. 

EPA has recently undertaken a series of actions pertaining to the regulation of GHGs that, 

although for the most part are distinct from one another, establish the overall framework for the 

proposed action on the Idaho SIP. Four ofthese actions include, as they are commonly called, 

the "Endangerment Finding" and "Cause or Contribute Finding," which EPA issued in a single 

final action (74 FR 66496), the "Johnson Memo Reconsideration" (75 FR 17004), the "LightDuty Vehicle Rule" (75 FR 25324), and the "Tailoring Rule." Taken together and in 

conjunction with the CAA, these actions established regulatory requirements for GHGs emitted 

from new motor vehicles and new motor vehicle engines; determined that such regulations, when 

they took effect on January 2,2011, subjected GHGs emitted from stationary sources to PSD 

requirements; and limited the applicability ofPSD requirements to GHG sources on a phased-in 

basis, EPA took this last action in the Tailoring Rule, which more specifically, established 

appropriate GHG emission thresholds for determining the applicability of PSD requirements to 

GHG-emitting sources. 

Annual Incorporation by Reference (IBR) of Federal Regulations: 

Idaho incorporates by reference various portions of Federal regulations codified in the Code of 

Federal Regulations (CFR). However, when a Federal regulation originally incorporated by 

1 William T. Harnett, Director, Air Quality Policy Division, Office of Air Quality Planning and Standards. "Guidance 

on SIP Elements Required Under Sections 1l0(a)(1) and (2) for the 1997 8-hour Ozone and PM2.s National Ambient 

Air Quality Standards." Memorandum to EPA Air Division Directors, Regions I-X, October 2,2007. 

2 

reference into the Idaho SIP at IDAPA 58.01.01 on a specific date is subsequently changed, 

IDAPA 58.01.01 becomes out ofdate, and in some cases, inconsistent with the revised version of 

the Federal regulation. To avoid potential inconsistencies and keep IDAPA 58.01.01 up to date 

with changes in Federal regulations, Idaho submits a revision to its SIP on an annual basis, 

updating the IBR citations in IDAPA 58.01.01 so they reflect any changes made to the Federal 

regulations during that year. Idaho's current SIP includes the approved incorporation by 

reference ofspecific federal regulations revised as of July 1, 2008. In Idaho's June 20, 2011, SIP 

revision, the state has submitted to EPA the 2009 and 2010 annual IBR updates. The revisions 

contained in the 2009 annual IBR update are superseded by the 2010 annual IBR update which 

revises the citation dates for specific federal regulations in IDAP A 58.01.01 as ofJuly 1, 2010. 

The 201 0 annual IBR update also removes unnecessary language in the Idaho SIP as a result of 

the incorporation by reference ofthe federal NAAQS and PSD regulations and adds the IBR of 

two additional federal rules that were effective after the July 1, 2010, citation date. Specifically, 

these rules are the final rule for Primary National Ambient Air Quality Standards for Sulfur 

Dioxide (75 FR 35520) and the final rule for Prevention of Significant Deterioration and Title V 

Greenhouse Gas Tailoring Rule (75 FR 31514). 

C. IDAHO SUBMITTAL 

The State ofidaho submitted a certification letter to EPA on September 15,2008, certifying that 

Idaho's SIP meets the infrastructure obligations for the 1997 8-hour ozone and 1997 PM2.5 

NAAQS. The certification letter included an analysis of Idaho's SIP as it relates to each section 

ofthe infrastructure requirements with regard to the 1997 8-hour ozone and 1997 PM2.5 NAAQS. 

Subsequently, on June 24, 2010, Idaho submitted an updated certification letter to EPA for 

sections 110(a)(2)(D) and 110(a)(2)(G) for multiple NAAQS, including the 1997 8-hour ozone 

NAAQS. At this time, EPA is acting on the infrastructure SIP submittal for the 11 0(a)(2) 

required elements as they relate to the 1997 8-hour ozone standard. This action does not address 

infrastructure requirements with respect to the 1997 PM2.5 NAAQS, which EPA intends to act 

on at a later time. 

On June 20,2011, Idaho DEQ submitted a SIP revision to EPA which includes updates to the 

incorporation by reference of certain federal regulations, changes to Idaho's rules on the sulfur 

content offuels, and revisions to sections ofthe Idaho SIP that have become unnecessary due to 

the update of federal regulations incorporated by reference. In this action, EPA is proposing to 

approve the portion ofthe SIP revision that adds the incorporation by reference of the Tailoring 

Rule into the Idaho SIP. This proposed revision addresses the flaws discussed in EPA's SIP call 

to states which found that several state SIPs, including Idaho'S, did not apply PSD to GHGemitting sources. 2 EPA subsequently issued a FIP which included Idaho.3 In conjunction with 

this proposed approval ofidaho's PSD program for GHG-emitting sources, EPA is proposing to 

rescind the FIP at 40 CFR 52.37 which provides for EPA to be the PSD permitting authority for 

GHG-emitting sources in Idaho. 

2 Action to Ensure Authority to Issue Permits Under the PSD Program to Sources of GHG Emissions: Finding of 


Substantial Inadequacy and SIP Call (75 FR 77698). 


3 Action to Ensure Authority to Issue Permits under the PSD Program to Sources of GHG Emissions: Federal 


Implementation Plan (75 FR 82246). 


3 

EPA is also proposing to approve portions ofthe June 20, 2011, SIP revision that update the 

Idaho SIP's incorporation by reference citations at IDAPA 58.01.01.107.03 as of July 1, 2010, 

consolidate some citations, and renumber the subsections. Specifically, EPA is proposing to 

approve the incorporation by reference ofthe following regulations revised as ofJuly 1,2010: 

Requirements for Preparation, Adoption, and Submittal of Implementation Plans, 40 CFR Part 

51; National Primary and Secondary Ambient Air Quality Standards, 40 CFR Part 50; Approval 

and Promulgation of Implementation Plans, 40 CFR Part 52; Ambient Air Monitoring Reference 

and Equivalent Methods, 40 CFR Part 53; and Ambient Air Quality Surveillance, 40 CFR Part 

58. EPA is not acting on ofthe incorporation by reference of subsections 107.03(f) through (m) 

and (0), as renumbered, because they are not related to the criteria pollutants regulated under title 

I ofthe Act or the requirements for SIPs under section 110 ofthe Act. In addition, EPA is 

proposing to approve the addition ofthe incorporation by reference of the final rule for the 

Primary National Air Quality Standards for Sulfur Dioxide (June 22,2010, effective August 23, 

2010) at IDAPA 58.01.01.107.03p because it became effective after the citation date ofJuly 1, 

2010, and therefore the changes that this rule makes to 40 CFR Part 50, 40 CFR Part 53, and 40 

CFR Part 58 were not captured by the annual IBR. 

Finally, EPA is proposing to approve the removal oflanguage from the Idaho SIP that has 

become unnecessary due to Idaho's incorporation by reference of the federal NAAQS at 40 CFR 

Part 50 and the federal PSD regulations at 40 CFR 52.21. EPA is proposing to approve the 

removal of subsections (1), (2), (3), (4), (5), and (7) at IDAPA 58.01.01.577 Ambient Air 

Quality Standards for Specific Pollutants, in order to take out language that is unnecessary due to 

incorporation by reference ofthe NAAQS at IDAPA 58.01.01.107. EPA is also proposing to 

approve the changes to IDAPA 58.01.01.581.01 to remove the increments table in its entirety 

and to instead reference the Class I, II, and III area PSD increment requirements contained in 40 

CFR 52.21(c) incorporated by reference at IDAPA 58.01.01.107. The revision to IDAPA 

58.01.01.008 is not being acted on since it is related to Idaho's Tier I Operating Permit Program 

required under title V ofthe Act and is not part of the SIP. In addition, the revision to IDAP A 

58.01.01.751 is not being acted on since it is related to a non-criteria pollutant and is not part of 

the SIP. The proposed revisions to Idaho's rules for the sulfur content of fuels are not being 

acted on at this time. EPA intends to address the remainder ofthe June 20,2011, SIP revision in 

a subsequent rulemaking. 

D. EPA REQUIREMENTS 

Section 11O(a)(1) provides the procedural and timing requirements for SIP submissions after a 

new or revised NAAQS is promulgated. Section 11 0(a)(2) lists specific elements that states 

must meet for "infrastructure" SIP requirements related to a newly established or revised 

NAAQS. These requirements include SIP infrastructure elements such as modeling, monitoring, 

and emissions inventories that are designed to assure attainment and maintenance ofthe 

NAAQS. The requirements, with their corresponding CAA subsection, are listed below: 

• 11O(a)(2)(A): Emission limits and other control measures. 

• 110(a)(2)(B): Ambient air quality monitoring/data system. 

• 110(a)(2)(C): Program for enforcement of control measures. 

• 11 O(a )(2 )(D): Interstate transport. 

4 
• 	 110(a)(2)(E): Adequate resources. 

• 	 110(a)(2)(F): Stationary source monitoring system. 

• 	 110(a)(2)(G): Emergency power. 

• 	 110(a)(2)(H): Future SIP revisions. 

• 	 110(a)(2)(I): Areas designated nonattainment and meet the applicable requirements of 

part D. 

• 	 110(a)(2)(J): Consultation with government officials; public notification; and Prevention 

of Significant Deterioration (PSD) and visibility protection. 

• 	 11 O(a)(2)(K): Air quality modeling/data. 

• 	 11O(a)(2)(L): Permitting fees. 

• 	 110(a)(2)(M): Consultation/participation by affected local entities. 

EPA's October 2,2007, guidance clarified that two elements identified in section 110(a)(2) are 

not governed by the 3 year submission deadline ofsection 11 O(a)(l) because SIPs incorporating 

necessary local nonattainment area controls are not due within 3 years after promulgation of a 

new or revised NAAQS, but rather due at the time the non attainment area plan requirements are 

due pursuant to CAA section 172. These requirements are: (i) Submissions required by section 

110(a)(2)(C) to the extent that subsection refers to a permit program as required in part D Title I 

ofthe CAA, and (ii) submissions required by section 110(a)(2)(I) which pertain to the 

nonattainment planning requirements ofpart D, Title I ofthe CAA. As a result, this action does 

not address infrastructure elements related to section 11 O(a)(2)(C) with respect to nonattainment 

new source review (NSR) or 110(a)(2)(I). 

This action also does not address the requirements of 11 0(a)(2)(D)(i) for the 1997 8-hour ozone 

NAAQS which have been approved by two separate actions finalized by EPA. On November 

26, 2010, EPA approved the SIP submittal ofthe Idaho Department of Environmental Quality to 

address interstate transport provisions ofClean Air Act section 11 0(a)(2)(D)(i) for the 1997 8­

hour ozone NAAQS (75 FR 72705). The provisions approved in the action included three prongs 

of 11O(a)(2)(D)(i): significant contribution to nonattainment ofthese NAAQS in any other state 

(prong 1); interference with maintenance ofthese NAAQS by any other state (prong 2); and 

interference with any other state's required measures to prevent significant deterioration (PSD) 

ofits air quality with respect to these NAAQS (prong 3). Subsequently on June 22, 2011, EPA 

approved portions of a SIP revision submitted by Idaho related to Clean Air Act section 

110(a)(2)(D)(i) visibility protection for the 1997 8-hour ozone NAAQS (prong 4) (76 FR 36329). 

In addition, this action does not address the requirements ofCAA 11O(a)(2)(E)(ii) regarding state 

boards. EPA will address this sub-element in a separate action. Furthermore, EPA interprets the 

section 110(a)(2)(J) provision on visibility as not being triggered by a new NAAQS because the 

visibility requirements in part C are not changed by a new NAAQS. 

E. 	 EVALUATION OF STATE SUBMITTAL 

The Idaho infrastructure submittal lists specific provisions ofthe Idaho Environmental Protection 

and Health Act, Idaho Code Section 39-101; the Rules for the Control ofAir Pollution, IDAP A 

58.01.01; the Idaho SIP; and the Idaho Public Records Act, Idaho Code Section 9-342(A). The 

5 

specific sections are listed below, with a discussion ofhow the Idaho submittal meets the 

requirements. 

llO(a)(2)(A): Emission limits and other control measures: Section 11O(a)(2) requires SIPs to 

include enforceable emission limits and ot~er control measures, means, or techniques, and 

schedules for compliance. EPA notes that the specific nonattainment area plan requirements of 

Section 110(a)(2)(I) are subject to the timing requirement of Section 172, not the timing 

requirement ofSection 110(a)(I). 

Idaho's submittal: The Idaho SIP submittal cites an overview ofthe Idaho air quality laws and 

regulations including portions of the Idaho Environmental Protection and Health Act (EPHA) 

and the Rules of the Control ofAir Pollution in Idaho. Idaho Department of Environmental 

Quality (DEQ) annually updates and refers to EPA for incorporation by reference of all NAAQS 

and updates to 40 CFR Part 51 Appendix W Guidelines on Air Quality Models. The relevant 

laws and regulations are as follows: 

Idaho Code Section 39-105(3)(d): This section provides Idaho DEQ with the broad power to 

supervise and administer a system to safeguard air quality. "The powers and duties of the 

director shall include, but not be limited to, the following ...(d) the supervision and 

administration of a system to safeguard air quality and for limiting and controlling the emission 

of air contaminants." 

Idaho Code Section 39-115: This section provides Idaho DEQ with specific authority for the 

issuance of air quality permits and to "charge and collect a fee for processing applications for 

industrial or commercial air pollution source permits." 

IDAPA 58. 01.01. 107.3.a: Incorporates by reference EPA Requirements for Preparation, 

Adoption, and Submittal ofImplementation Plans, 40 CFR Part 51 reVised as of July 1, 2008. 

IDAPA 58.01.01.107.3.b: Incorporates by reference EPA regulations at 40 CFR Part 50 National 

Primary and Secondary Ambient Air Quality Standards revised as of July 1,2008. Idaho has 

incorporated the 1997 8-hour ozone NAAQS by reference into Idaho regulations. 

IDAPA 58.01.01.202: This section of the Idaho regulations specifies requirements for new or 

modified major sources applying for a permit to construct, including but not limited to emission 

controls information, air quality analyses, air monitoring data, design and operating plans and 

specifications. 

IDAPA 58.01.01.202.02: This section of the Idaho regulations requires that all estimates of 

ambient concentrations be based on air quality models, databases and other requirements 

specified by EPA in 40 CFR 51, Appendix W (Guidelines on Air Quality Models). 

IDAPA 58.01.01.203: This section of the Idaho regulations establishes permit requirements for 

new and modified stationary sources. To obtain a permit to construct or a Tier II operating 

pennit, the applicant must demonstrate to the satisfaction of DEQ that "the stationary source or 

modification would comply with all applicable local, state or federal emission standards" and 

"not cause or significantly contribute to a violation of any ambient air quality standard." 

6 

IDAPA 58.01.01.204: This section ofthe Idaho regulations establishes pennit requirements for 

new and modified stationary sources in non-attainment areas. Idaho has no nonattainment areas 

for the 1997 8-hour ozone standard. 

IDAPA 58.01.01.205: This section ofthe Idaho regulations establishes pennit requirements for 

new and modified stationary sources in attainment or unclassifiable areas. Section 205 

references the incorporation by reference of sections of the federal PSD program rules at 40 CFR 

52.21. 

IDAPA 58.01.01.209: This section of the Idaho regulations establishes procedures for issuing 

and denying pennits to construct including but not limited to procedures for specific sources and 

public notice processes. 

IDAPA 58.01.01.221.01: This section of the Idaho regulations establishes sources below 

regulatory concern. Specifically, "the maximum capacity of a source to emit an air pollutant 

under its physical and operational design considering limitations on emissions such as air 

pollution control equipment, restrictions on hours of operation and restrictions on the type and 

amount of material combusted, stored or processed shall be less than ten percent (10%) of the 

significant emission rates set out in the definition of significant at Section 006." 

IDAPA 58.01.01.006: This section includes the definition of significant emission rates for ozone 

precursors. 

IDAPA 58.01.01.401.03: This section ofthe Idaho regulations provides DEQ with the authority 

to require a Tier II operating pennit if it detennines that "emission rate reductions are necessary 

to attain or maintain any ambient air quality standard or applicable prevention of significant 

deterioration increment; or specific emission standards, or requirements on operation or 

maintenance are necessary to ensure compliance with any applicable emission standard or rule." 

IDAPA 58.01.01.402.03: This section of the Idaho regulations sets forth pennit application 

procedures for Tier II operating pennits including but not limited to site plans and specification, 

the nature and amount of emissions, the manner in which the source will be operated and 

controlled, and estimates of ambient concentrations. 

IDAPA 58.01.01.403: Pennit requirements for Tier II sources. This rule requires that stationary 

sources comply with all applicable local, state or federal emissions standards. This rule also 

requires that the source not cause or contribute significantly to a violation of any ambient air 

quality standard. 

EPA analysis: EPA most recently approved IDAPA 58.01.01.107, which incorporates by 

reference EPA regulations at 40 CFR Part 50 for the National Primary and Secondary Ambient 

Air Quality Standards, revised as of July 1, 2008, on November 26,201 0 (75 FR 72719). As 

discussed above, we are proposing to concurrently approve the portion of the June 20, 2011, SIP 

revision which updates the incorporation by reference 40 CFR Part 50, 40 CFR Part 51, 40 CFR 

Part 52, 40 CFR Part 53, and 40 CFR Part 58, at IDAPA 58.01.01.107.03, as of July 1,2010. 

7 

Idaho has no areas designated nonattainment for the 1997 8-hour ozone NAAQS. As a result, 

Idaho regulates emissions ofozone and its precursors through its SIP-approved major and minor 

source pennitting programs. Therefore, EPA is proposing to approve the Idaho SIP as meeting 

the requirements ofsection 11 O(a)(2)(A) for the 1997 8-hour ozone NAAQS. 

In this action, EPA is not proposing to approve or disapprove any existing state provisions with 

regard to excess emissions during startup, shutdown, or malfunction (SSM) ofoperations at a 

facility. EPA believes that a number of states may have SSM provisions that are contrary to the 

Clean Air Act and existing EPA guidance4 and the Agency plans to address such state 

regulations in the future. In the meantime, EPA encourages any state having a deficient SSM 

provision to take steps to correct it as soon as possible. 

In this action, EPA is not proposing to approve or disapprove any existing state rules with regard 

to director's discretion or variance provisions. EPA believes that a number of states may have 

such provisions that are contrary to the Clean Air Act and existing EPA guidance (52 FR 

45109), November 24, 1987, and the Agency plans to take action in the future to address such 

state regulations. In the meantime, EPA encourages any state having a director's discretion or 

variance provision that is contrary to the Clean Air Act and EPA guidance to take steps to correct 

the deficiency as soon as possible. 

llO(a)(2)(B): Ambient air quality monitoring/data system: Section 11O(a)(2)(B) requires 

SIPs to include provisions to provide for establishment and operation of ambient air quality 

monitors, collecting and analyzing ambient air quality data, and making these data available to 

EPA upon request. 

Idaho's submittal: The Idaho SIP submittal references IDAPA 58.01.01.107 and IDAPA 

58.01.01.576.05 in response to this requirement. These rules incorporate by reference 40 CFR 

Part 50 National Primary and Secondary Air Quality Standards, 40 CFR Part 52 Approval and 

Promulgation ofImplementation Plans, 40 CFR Part 53 Ambient Air Monitoring Reference and 

Equivalent Methods, and 40 CFR Part 58 Appendix B Ambient Air Quality Surveillance Quality 

Assurance Requirements for Prevention of Significant Deterioration. These rules give Idaho 

authority to implement ambient air monitoring surveillance systems in accordance with the 

requirements ofreferenced sections of the CAA. 

Idaho DEQ collects and reports to EPA ambient air quality data for PM2.5, PMIO, NOx, CO, 

ozone and SOx' These data are reviewed, verified and validated prior to being submitted to 

EPA's Air Quality System, or AQS, no later than 90 days from the end ofthe calendar quarter 

from which the data was collected. On July 1 of each year, the previous year's ambient air 

monitoring data is certified by the Idaho DEQ Air Division Administrator as being true, accurate 

and complete. 

4 Steven Herman, Assistant Administrator for Enforcement and Compliance Assurance, and Robert Perciasepe, 

Assistant Administrator for Air and Radiation. "State Implementation Plans (SIPs): Policy Regarding Excess 

Emissions During Malfunctions, Startup, and Shutdown." Memorandum to EPA Air Division Directors, August 11, 

1999. 

8 

EPA analysis: A comprehensive air quality monitoring plan, intended to meet requirements of 

40 CFR part 58 was submitted by Idaho to EPA on January 15, 1980 (40 CFR 52.670) and 

approved by EPA on July 28, 1982. This air quality monitoring plan has been subsequently 

updated, with the most recent submittal dated July 1,2011. EPA approved the plan on 

September 6, 2011. This plan includes, among other things, the locations for the ozone 

monitoring network. Idaho makes this plan available for public review on Idaho DEQ's website 

at http://www.deg.idaho.gov/air-guality/monitoring/monitoring-network.aspx. The website also 

includes an interactive map of Idaho's air monitoring network. As discussed above, we are 

proposing to concurrently approve the portion ofthe June 20, 2011, SIP revision which updates 

the incorporation by reference of40 CFR Part 50, 40 CFR Part 51, 40 CFR Part 52, 40 CFR Part 

53, and 40 CFR Part 58 at IDAPA 58.01.01.107.03 as ofJuly 1, 2010. Therefore, EPA is 

proposing to approve the Idaho SIP as meeting the requirements ofCAA Section IIO(a)(2)(B) 

for the 1997 8-hour ozone NAAQS. 

llO(a)(2)(C): Program for enforcement of control measures: Section IIO(a)(2)(C) requires 

states to include a program providing for enforcement of all SIP measures and the regulation of 

construction ofnew or modified stationary sources, including a program to meet PSD and 

nonattainment NSR requirements. 

Idaho's submittal: The Idaho SIP submittal refers to Idaho Code Section 39-108 which 

provides DEQ with the authority to enforce both administratively and civily the Idaho 

Environmental Protection and Health Act (EPHA), or any rule, permit or order promUlgated 

pursuant to the EPHA. Criminal enforcement is authorized at Idaho Code Section 39-109. 

Emergency order authority, similarly to that under Section 303 of the Clean Air Act, is located at 

Idaho Code Section 39-112. Idaho Code Section 39-112 states "if the director finds that a 

generalized condition of air pollution exists and that it creates an imminent and substantial 

endangerment to the public health or welfare constituting an emergency requiring immediate 

action to protect human health or safety, the director. .. shall order persons causing or 

contributing to the air pollution to reduce or discontinue immediately the emission of air 

contaminants..." The Idaho submission also refers to laws and regulations requiring stationary 

source compliance with the NAAQS discussed in their response to 110(a)(2)(A). 

EPA analysis: To generally meet the requirements of section IIO(a)(2)(C), a state is required to 

have PSD, nonattainment NSR, and minor NSR permitting programs adequate to implement the 

1997 8-hour ozone NAAQS. As explained above, in this action EPA is not evaluating 

nonattainment related provisions, such as the nonattainment NSR program required by part D of 

the CAA. In addition, Idaho has no nonattainment areas for the 1997 ozone NAAQS. 

EP A believes Idaho code provides DEQ with the authority to enforce the Idaho EPHA, air 

quality regulations, permits, and orders promulgated pursuant to the EPHA. Idaho DEQ staffs 

and maintains an enforcement program to ensure compliance with SIP requirements. Idaho DEQ 

may issue emergency orders to reduce or discontinue emission of air contaminants where air 

emissions cause or contribute to imminent and substantial endangerment. Enforcement cases 

may be referred to the state Attorney General's Office for civil or criminal enforcement. EPA 

therefore proposes to approve the Idaho SIP as meeting the requirements of 11 0(a)(2)(C) related 

to enforcement for the 1997 8-hour ozone NAAQS. 

9 

EPA most recently approved revisions to Idaho's PSD program on November 26,2010 (75 FR 

72719). Idaho's PSD program includes NOx as a precursor for ozone. EPA believes that 

Idaho's SIP meets the requirements ofCAA Section 110(a)(2)(C) for PSD with the following 

exception, which is currently being addressed. EPA previously noted that Idaho's PSD program 

had a deficiency because the state did not have the authority to implement the PSD pennitting 

program with respect to GHG emissions (75 FR 77698). Since that time, Idaho undertook rule 

revisions and submitted a SIP revision to EPA on June 20,2011, a portion ofwhich addresses 

this deficiency. The Idaho SIP revision includes an update to the state's incorporation by 

reference of40 CFR Part 52, including the federal PSD program regulations in 40 CFR 52.21 as 

ofJuly 1, 2010, and adds a new incorporation by reference ofthe Tailoring Rule, which became 

effective after the July 1,2010, citation date. These federal rules are incorporated by reference 

into Idaho rules at IDAPA 58.01.01.107.03. As a result, Idaho's SIP will apply to GHG emitting 

sources as specified in the amended definition of "subject to regulation" in 40 CFR 52.21(b)(49). 

In this action EPA proposes to approve the portion of Idaho's June 20,2011, SIP revision to 

apply Idaho's PSD program to GHG emitting sources at the emissions thresholds and in the same 

time frames as those specified in the Tailoring Rule. In conjunction with this proposed approval 

ofIdaho's PSD program for GHG-emitting sources, EPA is proposing to rescind the FIP at 40 

CFR 52.37 which provides for EPA to be the PSD pennitting authority for GHG-emitting 

sources in Idaho. EPA is also proposing to approve Idaho's SIP submittal for 110(a)(2)(C) for 

the 1997 8-hour ozone NAAQS with regards to PSD for the 1997 8-hour ozone NAAQS. 

In this action, EPA is not proposing to approve or disapprove any state rules related to NSR 

Refonn requirements for major sources. EPA most recently approved changes to Idaho's NSR 

program (PSD and nonattainment NSR) including NSR Refonn, on November 26, 2010 (75 FR 

72719). EPA has detennined that Idaho's minor NSR program adopted pursuant to section 

11 O(a)(2)(C) of the Act regulates emissions of ozone and its precursors. In this action, EPA is not 

proposing to approve or disapprove the state's existing minor NSR program itself to the extent 

that it may be inconsistent with EPA's regulations governing this program. EPA believes that a 

number ofstates may have minor NSR provisions that are contrary to the existing EPA 

regulations for this program. EPA intends to work with states to reconcile state minor NSR 

programs with EPA's regulatory provisions for the program. The statutory requirements of 

section 11O(a)(2)(C) provide for considerable flexibility in designing minor NSR programs, and 

EPA believes it may be time to revisit the regulatory requirements for this program to give the 

states an appropriate level of flexibility to design a program that meets their particular air quality 

concerns, while assuring reasonable consistency across the country in protecting the NAAQS 

with respect to new and modified minor sources. 

Based on the foregoing, EPA is proposing to approve the Idaho SIP as meeting the requirements 

of CAA Section 11 0(a)(2)(C) for the 1997 8-hour ozone NAAQS. 

llO(a)(2)(D): Interstate transport: Section 11 0(a)(2)(D) requires SIPs to include provisions 

prohibiting any source or other type of emissions activity in one state from contributing 

significantly to nonattainment, or interfering with maintenance of the NAAQS in another state, 

10 

or from interfering with measures required to prevent significant deterioration of air quality or to 

protect visibility in another state. 

As noted above, this action does not address the requirements of 11 0(a)(2)(D)(i) for the 8-hour 

ozone NAAQS which have been addressed by two separate findings issued by EPA on 

November 26,2010 (75 FR 72705) and June 22, 2011 (76 FR 36329). 

Interstate and International transport provisions: Section 11O(a)(2)(D)(U) requires SIPs to 

include provisions insuring compliance with the applicable requirements of sections 126 and 115 

(relating to interstate and international pollution abatement). Specifically, section 126(a) 

requires new or modified major sources to notify neighboring states of potential impacts from the 

source. 

EPA analysis: EPA most recently approved revisions to Idaho's PSD program on November 

26,2010 (75 FR 72719). Idaho's PSD regulations provide for notice consistent with the 

requirements ofthe EPA PSD program. Idaho issues notice of its draft permits and neighboring 

states consistently receive copies ofthose drafts. The state also has no pending obligations under 

section 115 or 126(b) of the Act. Therefore, EPA is proposing to approve the Idaho SIP as 

meeting the requirements of CAA Section 11 O(a)(2)(D)(ii) for the 1997 8-hour ozone NAAQS. 

llO(a)(2)(E): Adequate resources: Section 110(a)(2)(E) requires states to provide (i) necessary 

assurances that the state will have adequate personnel, funding, and authority under state law to 

carry out the SIP (and is not prohibited by any provision of Federal or state law from carrying 

out the SIP or portion thereof), (ii) requires that the state comply with the requirements 

respecting state boards under section 128 and (iii) necessary assurances that, where the state has 

relied on a local or regional government, agency, or instrumentality for the implementation of 

any SIP provision, the state has responsibility for ensuring adequate implementation of such SIP 

provision. 

Idaho's submittal: The Idaho SIP submittal addresses 110(a)(2)(E)(i) regarding adequate 

personnel, funding and authority and refers to specific Idaho statutory authority: 

Idaho Code Section 39-106: Idaho Code Section 39-106 gives the Idaho DEQ Director the 

authority to hire personnel to carry out duties ofthe department. With regards to personnel, the 

director of the Idaho DEQ "shall exercise the following powers and duties in addition to all other 

powers and duties inherent in the position: ... Employ such personnel as may be deemed 

necessary, prescribe their duties and fix their compensation within the limits provided by the 

state personnel system law." With regard to authority, Idaho DEQ "and its director shall be the 

successor to all rights, powers and duties ofthe department ofhealth and welfare and its director 

regarding all rulemaking proceedings, administrative proceedings, contested cases, civil actions, 

contracts, delegations, authorizations and other matters pertaining to environmental protection 

functions." 

IDAPA 58.01.01.000: "The Board of Environmental Quality is authorized to promulgate rules 

for the Department of Environmental Quality governing air pollution pursuant to Sections 39­

105 and 39-107, Idaho Code." 

11 

Idaho Code Section 39-105: Idaho Code 39-105 lays out the powers and duties ofIdaho DEQ's 

director including "The supervision and administration of a system to safeguard air quality and 

for limiting and controlling the emission of air contaminants." This section ofthe Idaho Code 

also gives the director the power to utilize any federal aid and grants. 

Idaho Code Section 39-107B: Idaho Code Section 39-107B establishes the Department of 

Environmental Quality Fund which receives appropriated funds, transfers from the general fund, 

federal grants, fees for services, permitting fees and other program income. 

With regard to the state boards requirements under CAA Section 128, Idaho indicated in its 

submission that the state's Board of Environmental Quality, established pursuant to Idaho Code 

Section 39-107, meets the requirements of Section 128. Idaho refers to the State's Ethics in 

Government Act of 1990 at Idaho Code Section 59-701, et seq. which lays out the ethics 

requirements for public officials including acting in the public interest, disclosure of conflicts of 

interest, and procedures for excusing board members where conflicts exist. 

With regard to assurances that the state has responsibility for ensuring adequate implementation 

ofthe plan where the state has relied on local or regional government agencies, DEQ addressed 

the agreements with locals on nonattainment plans. On certain nonattainment plans, DEQ has 

entered into agreements for local implementation and enforcement ofmeasures such as wood 

stove and street sweeping ordinances. When DEQ relies on local enforcement it also is able to 

enforce the local ordinance under its own authorities. For instance, failure to street sweep when 

required may constitute a violation of the requirement to control fugitive dust, IDAPA 

58.01.01.650-651. If a resident failed to comply with a woodstove ordinance, then DEQ could 

issue the resident a Tier II permit and enforce the ordinance terms then included in the permit. 

EPA analysis: EPA is proposing to find that the above-listed laws and regulations provide 

Idaho DEQ with adequate authority to carry out SIP obligations with respect to the 1997 8-hour 

ozone NAAQS. EPA is also proposing to find that Idaho has provided necessary assurances that, 

where the state has relied on a local or regional government, agency, or instrumentality for the 

implementation of any SIP provision, the state has responsibility for ensuring adequate 

implementation of the SIP with regards to the 1997 8-hour ozone NAAQS. Therefore EPA is 

proposing to approve the Idaho SIP as meeting the requirements ofCAA Section 110(a)(2)(E)(i) 

and 11O(a)(2)(E)(iii) for the 1997 8-hour ozone NAAQS. Idaho's SIP submission did not 

address all of the requirements ofCAA Section 128, specifically the provision which requires a 

SIP to specify that board or body which approves permits or enforcement orders under the CAA 

to have at least a majority of members who represent the public interest and do not derive any 

significant portion oftheir income from persons subject to permits or enforcement orders under 

the CAA. EPA is taking no action on the state board requirements of CAA 11 O(a)(2)(E)(ii) at 

this time and will address the requirements in a separate action. 

llO(a)(2)(F): Stationary source monitoring system: Section 11O(a)(2)(F) requires (i) the 

installation, maintenance, and replacement of equipment, and the implementation ofother 

necessary steps, by owners or operators of stationary sources to monitor emissions from such 

sources, (ii) periodic reports on the nature and amounts of emissions and emissions-related data 

from such sources, and (iii) correlation of such reports by the state agency with any emission 

12 

limitations or standards established pursuant to the CAA, which reports shall be available at 

reasonable times for public inspection. 

Idaho's submittal: The Idaho SIP submittal states that DEQ's air quality permits are practically 

enforceable and contain requirements to (i) install, maintain and replace equipment, (ii) monitor 

emissions, and (iii) submit reports. The relevant codes and regulations include: 

IDAPA 58.01.01.121: Compliance requirements in this section outline the authority ofidaho 

DEQ to require monitoring, recordkeeping and periodic reporting where sources "may violate 

the air quality provisions ofthe Act, violate an air quality order issued or entered in accordance 

with the Act or these rules, or violate any ofthese rules." 

IDAPA 58.01.01.122: The Idaho DEQ may issue information orders in (a) developing or 

assisting in the development of any implementation plan, any standard ofperformance, any 

emission standard or any rule; (b) determining whether any person is in violation of any standard 

ofperformance, any emission standard, any implementation plan or any rule; or (c) carrying out 

any air quality provisions ofthe Act. Persons include owners and operators of emissions sources. 

Orders include requirements to conduct emissions monitoring, record keeping, reporting and 

other requirements. 

IDAPA 58.01.01.157: This section outlines test methods and procedures for source testing and 

reporting to the Idaho DEQ. The regulation states a source shall submit a report within 30 days 

ofthe test to the Idaho DEQ according to the format and content in the source permit or 

regulation. The report is to contain all data required including documentation ofthe test method. 

The DEQ will analyze the test data and may reject the test if it fails to comply with the 

regulatory and permit requirements. 

Idaho Code Section 9-342(A): Records are available for public inspection under Idaho's Public 

Records Act under section titled Access to Air Quality and Hazardous Waste Records. "To the 

extent required by the federal Clean Air Act and the Resource Conservation and Recovery 

Act. .. any person may inspect and copy: (a) Air pollution emission data; (b) The content of any 

title V operating permit." 

EPA analysis: The provisions cited by Idaho's SIP submittal provide authority for monitoring, 

recordkeeping and reporting requirements for sources subject to major and minor source 

permitting. Therefore, EPA is proposing to approve the Idaho SIP as meeting the requirements 

ofCAA Section 11O(a)(2)(F) for the 1997 8-hour ozone NAAQS. 

llO(a)(2)(G): Emergency episodes: Section 11 0(a)(2)(G) requires states to provide for 

authority to address activities causing imminent and substantial endangerment to public health, 

including contingency plans to implement the emergency episode provisions in their SIPs. 

Idaho's submittal: The Idaho SIP submittal cites the following air quality laws and regulations 

for this component: 

13 
Idaho Code 39-108: This section ofldaho's code addresses Inspection and Right of Entry 

authority and provides Idaho DEQ with the authority to inspect sources to ascertain compliance 

with applicable emission control action requirements. 

Idaho Code Section 39-112: This section ofldaho's code addresses emergency order authority 

comparable to Section 303 of the CAA. 

IDAPA 58.01.01.550: Idaho's Air Pollution Emergency Rule states "The purpose of Sections 

550 through 562 is to define criteria for an air pollution emergency, to formulate a plan for 

preventing or alleviating such an emergency, and to specify rules for carrying out the plan." 

IDAPA 58.01.01.552: Establishes 4 stages of atmospheric stagnation and/or degraded air quality 

including Stage 1: Air pollution forecast and caution; Stage 2: Alert; Stage 3: Warning; and 

Stage 4: Emergency. This regulation also requires an internal watch by Idaho DEQ actuated by a 

National Weather Service report that an Atmospheric Stagnation Advisory has been issued, or 

the equivalent local forecast ofstagnant atmospheric conditions. 

IDAPA 58.01.01.556: Establishes criteria for defining pollutant levels, including ozone, within 

the four stages of atmospheric stagnation and/or degraded air quality identified in 58.01.01.552. 

IDAPA 58.01.01.557: Establishes requirements for public notification when there is atmospheric 

stagnation and/or degraded air quality. 

IDAPA 58.01.01.558: Establishes the information to be provided to the public through 

appropriate news media when there is atmospheric stagnation and/or degraded air quality. 

IDAPA 58.01.01.559: Manner and frequency of notification to the public through the news 

media when there is atmospheric stagnation and/or degraded air quality. 

IDAPA 58.01.01.560: Provides for notification to major sources of regulated pollutants when 

there is atmospheric stagnation and/or degraded air quality. 

IDAPA 58.01.01.561: Specific emissions control actions to be taken at each episode stage when 

there is atmospheric stagnation and/or degraded air quality. 

EPA analysis: As noted in EPA's October 2,2007, guidance, the significant harm level for the 

8-hour ozone NAAQS 'shall remain unchanged at 0.60 ppm ozone, 2 hour average, as indicated 

in 40 CFR 51.151. EPA believes that the existing ozone-related provisions of40 CFR 51 

Subpart H remain appropriate. Idaho's regulations listed above, which were previously approved 

by EPA on January 16, 2003 (68 FR 2217), continue to be consistent with the requirements of40 

CFR 51.151. Accordingly, EPA is proposing to approve the Idaho SIP as meeting the 

requirements ofCAA section 11O(a)(2)(G) for the 1997 8-hour ozone NAAQS. 

llO(a)(2)(H): Future SIP Revisions: Section 11O(a)(2)(H) requires that SIPs provide for 

revision of such plan (i) from time to time as may be necessary to take account ofrevisions of 

such national primary or secondary ambient air quality standard or the availability ofimproved 

14 

or more expeditious methods of attaining such standard, and (ii), except as provided in paragraph 

IIO(a)(3)(C), whenever the Administrator finds on the basis of information available to the 

Administrator that the SIP is substantially inadequate to attain the NAAQS which it implements 

or to otherwise comply with any additional requirements under the CAA. 

Idaho's submittal: The Idaho SIP submittal refers to Idaho Code Section 39-105(3)( d) which 

provides DEQ with the broad authority to revise rules, in accordance with Idaho administrative 

procedures for rulemaking, to meet national ambient air quality standards as incorporated by 

reference in IDAPA 58.01.01.107. Idaho also refers to provisions cited in their submittal related 

to permitting at CAA Section 110(a)(2)(A) discussed above to demonstrate that the Idaho SIP 

satisfies this requirement. 

Idaho Code Section 39-105(3)(d): This statute provides the Idaho DEQ director with broad 

authority to supervise and administer a system to safeguard air quality and for limiting and 

controlling the emission of air contaminants. 

IDAPA 58.01.01.107: Incorporates by reference EPA regulations at 40 CFR Part 50 National 

Primary and Secondary Ambient Air Quality Standards revised as of July 1, 2008 and approved 

by EPA on November 26,2010 (75 FR 72719). Idaho has incorporated the 1997 8-hour ozone 

NAAQS by reference into Idaho regulations. 

EPA analysis: EPA finds that Idaho has adequate authority to regularly update the state SIP to 

take into account revisions ofthe NAAQS and other related regulatory changes. In practice, 

Idaho regularly submits SIP revisions to EPA to revise the SIP for recent federal regulatory 

changes. EPA most recently approved revisions to Idaho's SIP on November 26,2010 (75 FR 

72719). Accordingly, EPA is proposing to approve the Idaho SIP as meeting the requirements of 

section 11O(a)(2)(H) for the 1997 8-hour ozone NAAQS. 

llO(a)(2)(I): Nonattainment area plan revision under part D. 

EPA analysis: There are two elements identified in section 110(a)(2) not governed by the 3 year 

submission deadline of section 11 O(a)(l) because SIPs incorporating necessary local 

nonattainment area controls are not due within 3 years after promulgation of a new or revised 

NAAQS, but rather due at the time of the nonattainment area plan requirements pursuant to 

section 172. These requirements are: (i) Submissions required by section 11 0(a)(2)(C) to the 

extent that subsection refers to a permit program as required in part D Title I of the CAA, and (ii) 

submissions required by section 11 0(a)(2)(I) which pertain to the nonattainment planning 

requirements ofpart D, Title I ofthe CAA. As a result, this action does not address 

infrastructure elements related to section IIO(a)(2)(C) with respect to nonattainment NSR or 

section 110(a)(2)(I). 

llO(a)(2)(J): Consultation with government officials: Section 11 0(a)(2)(J) requires states to 

provide a process for consultation with local governments and Federal Land Managers carrying 

out NAAQS implementation requirements pursuant to Section 121. Section 11 0(a)(2)(J) further 

requires states to notify the public ifNAAQS are exceeded in an area and to enhance public 

awareness of measures that can be taken to prevent exceedances. Lastly, Section IIO(a)(2){J) 

15 

requires states to meet applicable requirements ofPart C related to prevention ofsignificant 

deterioration and visibility protection. 

Idaho's submittal: The Idaho SIP submittal refers to laws and regulations relating to public 

participation processes for SIP revisions and permitting programs. Idaho DEQ consults with 

other state agencies, local agencies, and nongovernmental organizations, as well as with the 

environmental agencies of other states regarding air quality issues. Relevant laws and 

regulations include: 

Idaho Code Section 39-105. 03 (c): Outreach with local governments is promoted under this 

section. "The powers and duties of the director shall include, but not be limited to ...(C) The 

establishment ofliaison with other governmental departments, agencies and boards in order to 

effectively assist other governmental entities with the planning for the control of or abatement of 

environmental pollution." 

Idaho Code Section 39-129: DEQ has authority to enter into agreements with local governments 

under this section. "The department is hereby authorized to enter into agreements with local 

governments. The agreement may include a binding schedule enforceable under this chapter for 

the improvement, modification, construction, or other actions, necessary in order for the local 

government to come into compliance as expeditiously as practicable with human health and 

environmental protection statutes and rules stemming from federal mandates." 

IDAPA 58.01.01.205: Permit Requirements for New Major Facilities or Major Modifications in 

Attainment of Un classifiable Areas. This regulation requires Best Available Control Technology 

for applicable facilities where emissions of any regulated air pollutant would have the potential 

to emit in excess ofthe significant rates as defined in 58.01.01.006. 

IDAPA 58.01.01.209: Provides opportunity and procedures for public comment and notice to 

appropriate federal, state and local agencies related to actions Idaho DEQ is proposing on permit 

applications to construct, including Federal Land Managers. 

IDAPA 58.01.01.404: Provides opportunity and procedures for public comment and notice to 

appropriate federal, state and local agencies related to actions Idaho DEQ is proposing on Tier II 

operating permits. 

EPA analysis: Idaho's SIP includes specific provisions for consulting with local governments and 

Federal Land Managers as specified in eAA section 121, including the Idaho rules for major source PSD 

pennitting and Tier II operating pennits. Idaho DEQ routinely coordinates with local governments, 

states, federal land managers and other stakeholders on air quality issues and provides notice to 

appropriate agencies related to permitting actions. Idaho regularly participates in regional 

planning processes including the Western Regional Air Partnership which is a voluntary 

partnership of states, tribes, federal land managers, local air agencies and the US EPA whose 

purpose is to understand current and evolving regional air quality issues in the West. Therefore, 

EPA is proposing to find that Idaho's SIP meets the requirements ofCAA Section 11O(a)(2)(J) 

for consultation with government officials for the 1997 8-hour ozone NAAQS. 

16 
Idaho actively participates and submits infonnation to EPA's AIRNOW and Enviroflash Air 

Quality Alert programs. Idaho also provides the daily air quality index to the public on their 

website at http://www.deq.idaho.gov/air/aqindex.cfin. as well as measures that can be taken to 

prevent exceedances. Therefore, EPA proposes to find that Idaho's SIP meets the requirements 

of CAA Section 11O(a)(2)(J) for public notification for the 1997 8-hour ozone NAAQS. 

Turning to the requirement in section 11O(a)(2)(J) that the SIP meet the applicable requirements 

ofpart C oftitle I ofthe CAA, EPA has evaluated this requirement in the context of section 

11O(a)(2)(C) with respect to pennitting. EPA most recently approved revisions to Idaho's PSD 

program on November 26, 2010 (75 FR 72719). Idaho's PSD program includes NOx as a 

precursor for ozone. Idaho has no nonattainment areas for the 1997 8-hour ozone standard. 

EPA believes that, conditioned upon the finalization of the rescission of the GHG FIP and 

approval of the SIP revision pertaining to the application ofPSD pennitting to the specified 

GHG sources that is part ofthis action, Idaho's SIP meets the requirements of CAA Section 

110(a)(2)(J) for PSD. EPA previously noted that Idaho's PSD program had a deficiency because 

the state did not have the authority to implement the PSD pennitting program with respect to 

GHG emissions (75 FR 77698). Since that time, Idaho undertook rule revisions and submitted a 

SIP revision to EPA on June 20, 2011, a portion ofwhich addresses this deficiency. The Idaho 

SIP revision includes an update to the state's incorporation by reference of40 CFR Part 52, 

including federal PSD program regulations at 40 CFR 52.21 as ofJuly 1, 2010, and adds a new 

incorporation by reference ofthe Tailoring Rule because the effective date of the rule is after the 

July 1, 2010 citation. These federal rules are incorporated by reference into Idaho rules at 

IDAPA 58.01.01.107.03. As a result, Idaho's SIP will apply to GHG emitting sources as 

specified in the amended definition of "subject to regulation" in 40 CFR 52.21(b)(49). In this 

action EPA is proposing to approve the portion of Idaho's June 20, 2011, SIP revision to apply 

Idaho's PSD program to GHG emitting sources at the emissions thresholds and in the same time 

frames as those specified in the Tailoring Rule. In conjunction with this proposed approval of 

Idaho's PSD program for GHG-emitting sources, EPA is proposing to rescind the FIP at 40 CFR 

52.37 which provides for EPA to be the PSD pennitting authority for GHG-emitting sources in 

Idaho. As a result, EPA is proposing to approve the Idaho SIP as meeting the requirements of 

CAA Section 110(a)(2)(J) for PSD for the 1997 8-hour ozone NAAQS. 

With regard to the applicable requirements for visibility protection, EPA recognizes that states 

are subject to visibility and regional haze program requirements under part C ofthe CAA. In the 

event ofthe establishment of a new NAAQS, however, the visibility and regional haze program 

requirements under part C do not change. Thus we find that there is no new visibility obligation 

triggered under section 11O(a)(2)(J) when a new NAAQS becomes effective. 

Based on the above, EPA is proposing to approve the Idaho SIP as meeting the requirements of 

CAA Section 11O(a)(2)(J) for the 1997 8-hour ozone NAAQS. 

llO(a)(2)(K): Air quality and modeling/data: Section 11O(a)(2)(K) requires that SIPs provide 

for (i) the perfonnance of such air quality modeling as the Administrator may prescribe for the 

purpose of predicting the effect on ambient air quality of any emissions of any air pollutant for 

17 

which the Administrator has established a national ambient air quality standard, and (ii) the 

submission, upon request, of data related to such air quality modeling to the Administrator. 

Idaho's submittal: Air quality modeling is conducted during development of revisions to the 

SIP, as appropriate for the state to demonstrate attainment with required air quality standards. 

Modeling is also addressed in the permitting process (see discussion at Section 11O(a)(2)(A) 

above). Estimates of ambient concentrations are based on air quality models, data bases and 

other requirements specified in 40 CFR 51, Appendix W (Guidelines on Air Quality Models) and 

incorporated by reference under IDAPA 58.01.01.107.03. 

EPA analysis: EPA previously approved Idaho regulations on air quality modeling into the SIP. 

We most recently approved IDAPA 58.01.01.107, which incorporates by reference EPA 

regulations at 40 CFR Part 51 revised as of July 1, 2008, on November 26,2010 (75 FR 72719). 

We are proposing to concurrently approve the portion ofthe June 20,2011, SIP revision which 

updates the incorporation by reference of40 CFR Part 50, 40 CFR Part 51, 40 CFR Part 52, 40 

CFR Part 53, and 40 CFR Part 58 at IDAPA 58.01.01.107.03 as ofJuly 1, 2010, as previously 

discussed above. While Idaho has no nonattainment areas for ozone, Idaho has submitted 

modeling data to EPA related to other pollutants. For example, Idaho submitted to EPA the 

PMlO Maintenance Plan for Ada County/Boise Idaho Area which contained supporting air 

quality modeling. The maintenance plan was approved by EPA as a SIP revision on October 27, 

2003 (68 FR 61106). Therefore, EPA is proposing to approve the Idaho SIP as meeting the 

requirements ofCAA Section 11 0(a)(2)(K) for the 1997 8-hour ozone NAAQS. 

llO(a)(2)(L): Permitting fees: Section 11 0(a)(2)(L) requires SIPs to require each major 

stationary source to pay permitting fees to cover the cost of reviewing, approving, implementing 

and enforcing a permit, until such time as the SIP fee requirement is superseded by EPA's 

approval of the state's title V operating permit program. 

Idaho's submittal: The Idaho SIP submittal states that CAA section 11 0(a)(2)(L) requires 

owners and operators ofmajor stationary sources to pay to the permitting authority fees to cover 

the costs ofreview, implementation and enforcement until a fee requirement is superseded with 

respect to such sources by the Administrator's approval ofa fee program under Title V. EPA 

approved Idaho's title V program on October 4,2001 (66 FR 50574) with an effective data of 

November 5, 2001. EPA regularly reviews DEQ's title V fee program to determine if the fee 

structure is adequate to pay for the program and assure the funding is only going toward title V 

implementation. 

EPA analysis: EPA approved Idaho's title V program on October 4,2001 (66 FR 50574) with 

an effective date of November 5, 2001. While Idaho's operating permit program is not formally 

approved into the state's SIP, it is a legal mechanism the state can use to ensure that Idaho DEQ 

has sufficient resources to support the air program, consistent with the requirements of the SIP. 

Before EPA can grant full approval, a state must demonstrate the ability to collect adequate fees. 

Idaho's title V program included a demonstration the state will collect a fee from title V sources 

above the presumptive minimum in accordance with 40 CFR 70.9(b)(2)(i). Idaho collects 

sufficient fees to administer the title V permit program. Therefore, EPA is proposing to conclude 

18 

that Idaho has satisfied the requirements of CAA Section 11 O(a)(2)(L) for the 1997 8-hour ozone 

NAAQS. 

llO(a)(2)(M): Consultation/participation by affected local entities: Section 11 0(a)(2)(M) 

requires states to provide for consultation and participation in SIP development by local political 

subdivisions affected by the SIP. 

Idaho's submittal: The Idaho SIP submittal states that consultation with a variety of different 

state and local organizations is a regular part of Idaho DEQ's process ofdeveloping SIP 

revisions. The requirements for plan preparation and public process includes 40 CFR 51 

incorporated by reference under IDAPA 58.01.01.107.03.a. Idaho also referenced the following 

laws and regulations: 

Idaho Code Section 39-J05.03(c): Outreach with local governments is promoted under this 

section. 

Idaho Code Section 39-129: DEQ has authority to enter into agreements with local governments 

under this section. 

IDAPA 58.01.01.209: Provides opportunity and procedures for public comment and notice to 

appropriate federal, state and local agencies related to actions Idaho DEQ is proposing on permit 

applications to construct, including Federal Land Managers. 

IDAPA 58.01.01.404: Provides opportunity and procedures for public comment and notice to 

appropriate federal, state and local agencies related to actions Idaho DEQ is proposing on Tier II 

operating permits. 

EPA analysis: EPA most recently approved IDAPA 58.01.01.107, which incorporates by 

reference EPA regulations at 40 CFR Part 51 - Requirements for Preparation, Adoption, and 

Submittal of Implementation Plans on November 26,2010 (75 FR 72719). We are proposing to 

concurrently approve portions ofthe June 20, 2011, SIP revision which update the incorporation 

by reference of 40 CFR Part 51 as of July 1, 2010, among other federal regulations. EPA most 

recently approved Idaho permitting rules at IDAPA 58.01.01.209 and 58.01.01.404 which 

provide opportunity and procedures for public comment and notice to appropriate federal, state 

and local agencies on January 16,2003 (68 FR 2217). Therefore, EPA is proposing to approve 

Idaho's SIP as meeting the requirements ofCAA Section 110(a)(2)(M) for the 1997 8-hour 

ozone NAAQS. 

F. RECOMMENDATION 

Idaho's infrastructure submittal includes a detailed description of how Idaho's laws and 

regulations meet each of the CAA infrastructure SIP elements for the 1997 8-hour ozone 

standard. The Idaho DEQ submittal generally meets the requirements of the CAA and the 

guidance issued by EPA as outlined in this TSD, with the following exception. EPA previously 

noted that Idaho's PSD program had a deficiency because the state did not have the authority to 

19 

implement the PSD permitting program with respect to GHG emissions (75 FR 77698). Since 

that time, Idaho undertook rule revisions and submitted a SIP revision to EPA on June 20, 2011, 

a portion ofwhich addresses this deficiency. The Idaho SIP revision includes an update to the 

state's incorporation by reference of 40 CFR Part 52, including federal PSD program regulations 

at 40 CFR 52.21, as ofJuly 1, 2010, and adds a new incorporation by reference ofthe Tailoring 

Rule. These federal rules are incorporated by reference into Idaho rules at IDAP A 

58.01.01.lO7.03. As a result, Idaho's SIP will apply to GHG emitting sources as specified in the 

amended definition of "subject to regulation" in 40 CF 52.21(b)(49). In this action EPA should 

approve the portion ofIdaho's June 20,2011, SIP revision to apply Idaho's PSD program to 

GHG emitting sources at the emissions thresholds and in the same time frames as those specified 

in the Tailoring Rule. In conjunction with this proposed approval ofIdaho's PSD program for 

GHG~emitting sources, EPA should propose to rescind the FIP at 40 CFR 52.37 which provides 

for EPA to be the PSD permitting authority for GHG-emitting sources in Idaho. 

EPA should approve Idaho's submittal as meeting the requirements ofsections 110(a)(2)(A), 

(B), (C), (D)(ii), (E)(i), (E)(iii), (F), (G), (H), (J), (K), (L), and (M) for the 1997 8~hour ozone 

standard. As noted above, this action does not address the nonattainment provisions of 

1lO(a)(2)(C) and (I), does not address section llO(a)(2)(D)(i) and does not address the visibility 

provisions of110(a)(2)(J). EPA is taking no action on 110(a)(2)(E)(ii) at this time. EPA will 

address the requirements ofthis element in a separate action. 

EPA should also approve those portions ofthe June 20,2011, SIP revision which revise the 

incorporation by reference of federal regulations revised as ofJuly 1,2010, in order to ensure 

Idaho's SIP is up to date with changes to federal regulations. EPA should not act on the portions 

of the SIP revision that are not related to the criteria pollutants regulated under title I ofthe Act 

or the requirements for SIPs under section 110 ofthe Act. Finally, EPA should approve the 

removal oflanguage from the Idaho SIP, specified below, that has become unnecessary due to 

Idaho's incorporation by reference ofthe federal NAAQS and the federal PSD regulations. 

Specifically, EPA is proposing to approve the removal ofthe subsections of IDAP A 

58.01.01.577 "Ambient Air Quality Standards for Specific Pollutants" that relate to pollutants for 

which EPA has promulgated a NAAQS, and which are now unnecessary because Idaho has 

incorporated the federal NAAQS by reference into the state SIP. EPA is also proposing to 

approve the changes to Idaho's PSD regulations at IDAPA 58.01.01.581.01 to remove the 

increments table in its entirety, and to instead reference the federal PSD increment requirements 

contained in 40 CFR 52.21 (c), which are incorporated by reference in the Idaho SIP. 

20