STATE OF IDAHO 

DEPARTMENT OF 

ENVIRONMENTAL QUALITY . A \ 1""'7 ~ (.. 

ttW I ---­

Dirk Kempthome. GoVernor 

Toni Hardesty. Director 

1410 North Hilton- Boise, Idaho 83706~1255 - (208) 373-0502 

RECEIVED 

May 5,2006 '~AY l~' Z006 

c.~ C~Thc Exe..::u:Ne 

Michael Bogert, Regional Administrator 

U.S. EPA, Region 10 


1200 Sixth Avenue 


Seattle, WA 98101 


Re: State Implementation Plan Rule Revisions : :riftt:Of 'f' ,) f d. +- i 0,;\ d~ r J-lr A I R. t'Jf 

Dear Mr. Bogert: 

Endosed for your review and approval are an original and four copies of revisiORS to the 

Department of Environmental Qualit)ls (DEQ) Rules for the Control of Air Pollution in Idaho. 

IDAPA 58.01.01. DEQ is seeking Environmental Protedion 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"()503 - Regulated Air Pollutants 

Please note that the revision made to Subsection OO6.SS.b - Definition of Modification, which 

refers to "state only toxic air pollutant, .. is not to be Included in the Idaho SIP. The revision to 

this subsection is included in this submittal only for EPA's infonnation in approving changes to 

the remainder of Section 006.55. 

IDAPA Docket 58-0101"()505 - Annual Incorporation by Reference (2005) 

IDAPA Docket 58-0101"()506 - Baseline Actual Emissions, and Procedure for Transfer of PTC 

and TIer II Pennits 

IDAPA Docket 58"()101-O507 - PTC exemptionS 

IDAPA Docket 58"()101"()508 - Facility Emissions Cap 

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

and Health Ad, Idaho Code. Sedions 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 Ad and 

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

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 
Michael Bogert, U.S. EPA 

MayS, 2006 

Page 2 

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) HospitallMedicalnnfectious Waste Incinerators, and 

(b) Annuallncorporatlon by Reference (2001) 


Docket 58-0101-0002 - Nonmetallic Mineral Processing 


Docket 58-0101-0202 - (a) Permitting Clarification, and (b) Annuallncorporatlon by 


Reference (2002) 


Docket 58-0101-0301 - Annual Incorporation by Reference (2003) 


Docket 58-0101-0304 - New Source Review 


Docket 58-0101-0401 - Permit to Construct Exemptions 


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


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. 

~~.~ Toni Hardesty 

Director 

THlph 

Enclosures 

c: Martin Bauer, DEQ 
STATE OF IDAHO 

DEPARTMENT OF 

ENVIRONMENTAL QUALITY 

1410 North Hilton. Boise, Idaho 83706-1255· (208) 373-0502 Dirk Kemptnome, 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 jn Idaho (Air Rules), 

IDAPA 58.01.01, as edited in the attachments, as a revision to Appendix A.3 of the 

Implementation Plan for the Control of Air 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 5th day of May, 2006. 

~.~ Toni Hardesty 


Director 


( IDAPA 58 • DEPARTMENT OF ENVIRONMENTAL QUAUTY 

58.01.01 • RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO 

DOCKET NO. 58-0101-0_ 

NOTICE OF RULEMAKING - PROPOSED RULE 

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

proposed. rulemakina. The action is authorized by Secti0lUl39-10S and 39-107, Idaho Code. This rulemakins updates 

citations to the federal regulations incorporated by refcrmce 88 mandated by tho U.S. Environmental Protection 

Agency (EPA) for approval oftho state's TIde V Operati:ns Permit Prosram pursuant to 40 CPR Part 70 and fblfiUins 

the requirements ofIdaho's deleption agreement with EPA under Section 112(1) ofthe Clean Air Act 

PUBLIC HEARING SCHEDULE: A public bearins concemins this proposed rulemaking will be held 88 follows: 

September 7,2005, 4 p.m. 


Department ofEoYlnnment.J QoaJIty Coofenmee Ceoter 


14fl N. BIItoo, Bohe,ldabo. 


The hearing site(s) will be accessible to persons with disabilities. Requests for accommodation must be made no later 

than five (5) da}s prior to the hearing. For arrangements, contact the undersigned at (208) 373-0418. 

DESCRIPI'IVE SUMMARY: This rulemaking is necessary to ensure that the Rules for tho 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 I, 2005. In addition, this proposed rule makes a 

correction in Subsection 209.0S.a.iv. The reference to Section 269 should be Section 369. 

The proposed rule text is in legislative format. Language tho agency fcroposes to add is underlined. Language the 

:c:Lposes to delete is struck out. It is tbcsc additions and de etions to which public comment should be ( 

After consideration of public comments, DEQ intends to present the final proposal to the Board of Environmental 

Quality in October 2005 for adoption of a pcn.dins rule. The rule is expected to be final and effective upon the 

conclusion ofthe 2006 session ofthe Idaho Legislature ifapproved by the Legislature. 

IDAHO CODE SECTION 39-117D STATEMENT: This rule docs not regulate an activity not regulated 

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

IDAHO CODE SECTION 67-5121{I)(e) FISCAL IMPACT STATEMENT: No ncptive impact occurs from this 

rulemaking; provision is not applicable. < 

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

GENERAL INFORMATION: For more information about DEQ's programs and activities, visit DEQ's web site at 

www.dcq.idabo.gov. 

ASSISTANCE ON TECHNICAL QUEmONS AND SUBMISSION OF WRITTEN COMMENTS: For 

assistance on technical questions concemiq this rulemaking. contact Martin Bauer at (208) 373-0440 or 

martin.bauer@dcq.idaho.gov. 

Anyone may submit written comments by mail, fax or e-mail at the address below regarding this proposed rule. DEQ 

will consider all written comments received by the undersigned on or before September 7, 2005. 

DATED this 1st day ofJuly, 200S. 

Idaho AdmlDlstntive "DeClo ADptt 3, 2005 • VoL 05-8 
c 

( 

DEPARTMENT OF ENVIRONIIENTAL QUALITY 

Rulu foI ",. ContIDI 01AIr PoIlfIIIon In Idaho 

Paula J. Wilson 

Hearing CoordiDator 

Department ofEnvironmenlal Quality 

14IoN. Hilton 

Boise, Idaho 83706-12SS 

(208)373-04181Fax No. (208)373-0481 

paula.wilson@decl.idaho.gov 

TID FOLLOWING IS TID TEXT OF DOCKET NO. 58-0101-0505 

008. DEFINITIONS FOR THE PURPOSES OF SECTIONS 3. THROUGH 316. 

01. Aft'eeted Statel. All States: (S-I-94) 

L Whose air quality may be affected by Ibe emissions ofIbe Tier I source and that arc contiguous to 

Idaho; or (S-I-94) 

b. That are within fifty (SO) miles ofthe ner I source. (S-I-94) 

82. AIIe"a.e. An authorization allocated to a Phase U sOW'Ce by Ibe EPA to emit during or after a 

specified calendar year, one (I) ton ofsulfur dioxide. (S-I-94) 

03. AppUeable Requirement. All oftbe following if approved or promulgated by EPA as they apply 

to emissions units in a Tier I source (including requirements that have been promulgated through rulemaking at the 

time ofpermit issuance but whicb bave future-effective compliance dates): (S-I-94) 

L Any standard or other requirement provided for in the applicable state implementation plan, 

including any revisioDs to that plan that are specified in 40 CFR Parts S2.670 through S2.69O. (S-I-94) 

b. An] term or condition of any permits to construct issued by the Department punuant to Sections 

200 through 223 or by EPA pursuant to 42 U.S.C. Sections 7401 through 7SIS; provided that terms or conditions 

relevant only to toxic air poUutants arc not applicable requirements. (4-S-OO) 

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

(S-I-94) 

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

CFR Part 63; (S-I-94) 

eo Any standard or other requirement oftbe acid rain program under 42 U.S.C. Sections 76S1 through 

76Slo; (S-I-94) 

f. Any requirements established punuant to 42 U.S.C. Section 7414(aX3). 42 U.S.C. Section 

766lc(b) or SectiODI 120 through 128 oftbesc rules; (3-23-98) 

Any standard or other requirement governing solid waste incineration, under 42 U.S.C. Section 

7429; (S-I-94) 

b. Any standard or other requirement for CODIumer and commercial products and tank vessels. under 

42 U.S.C. Sections 7S11b(e) and (f); and (S-I-94) 

L Any standard or other requirement under 42 U.S.C. Sections 7671 through 767lq including 40 CFR 

Idabo Administrative BuBedn P.e341 AIIpIt 3,2_- VoL 05-8 
DEPARTMENT OF ENVIRONMENTAL QUALITY Ru_ ".tINt ConttuI 01All' Pollution In Idaho 

Part 82. (5-1-94) 

J. Any ambient air quality standard or increment or visibility requirement provided in 42 U.S.C. 

Sections 7470 tbrougb 7492, but only as applied to temporary soun:es rcc:oiving Tter I operating penni.. under 

Section 324. (5-1-94) 

04. Deslplted Representative. A responsible person or official authorized by the owner or operator 

of a Phase n unit to represent the owner or operator in matters pertaining to the hOldintJ, tranafer, or disposition of 

allowances allocated to a Phase nunit, and the submission ofand compliance with permitS, permit applications, and 

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

OS. DnA Permit. The version ofa Tter I operating permit that is made available by the Department for 

public participation and affected State review. (5-1-94) 

86. EmelpnC)'. For the pwposes of Section 332, an emergency is any situation arising from sudden 

and reasonably unforeseeable eveata beyond the control of the owner or operator, includina acta of God. which 

situation requires immediate com:ctive aetion to restore normal opcrationand that causes the tier I so~ to exceed 

a technology-based emission limitation under the Tter I operating permit due to uoavoidable increases in emissions 

attributable to the emergency. An emCl'lC8Cf shall not include noncompliance to the extent caused by improperly 

desipcd equipment, lack: ofpreveatative mamten.ance, can:less or improper operation, or operator error. (4-5-00) 

07. FlDai Permit. The version of a Tier I permit issued by the Department that bas completed all 

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

01. General Permit. A Tter I permit issued PW'SUaDt to Section 335. 

09. IDSlplfleint AetIvIty. Those aetivities that qualifY as insignificant in accordance with Section 

317. (3-23-98) ( 

10. Major FadIItJ. A facility (as defined in Section 0(6) is major if the facility meets any of the 

following criteria: (3-23-98) 

L For hazardous air pollutanta: (3-23-98) 

i. The facil~ emits or bas the potential to emit tea (10) tons per year (tpy) or more ofany hazardous 

air pollutant, other than radionucrtd.es, which has been listed pW'SU8Dt to 42 U.S.C. Section 7412(b); provided that 

emissions from any oil or gas exploration or production well (with ita associated equipment) and emissions fi'om any 

oil or gas pipeliDe compressor or pump station sball not be aggregated with emissiona ftom other similar emission 

unita 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 bazardous air pollutanta, 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 fi'om any oil or gas pipeline compressor or pump station shall not be agreptcd with emissions fi'om other 

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

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

i. The facility islocatcd in a "serious" particulate matter (PM-IO) nonattainment an:a and the facility 

has' the potential to emit seventy (70) tpy or more ofPM-10. (5-1-94) 

ii. The facility is located in a "serious" carbon monoxide nonattainment an:a in which stationary so~ an: significant contributors to carbon monoxide levels and the facility bas the potential to emit fifty (SO) tpy 

or more ofcarbon monoxide. (5-1-94) 

iii. The facility islocatcd in an ozone transport region established pursuant to 42 U.S.C. Section 7S II c 

and the facility bas the potential to emit fifty (SO) tpy or more ofvolatile organic compounds. (5-1-94) 

Idaho AdmJDlstrattve BuDeda PapJ42 A.p.t 3, 2085 - VoL 05-8 
( 

DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 5U101-0505 

RuIM for the Confrol 01AIr Pollution In IdMo PropoaedRulemalrl", 

iv. ne facility is located in an omne nonattaioment area and. depending upon the classification of the 

nonattainmcnt area, the facility has the potential to emit the following amounts of volatile orpnic compounds or 

oxides of nitrogen; provided that oxides of nitroSCO sball not be included if the facility has been identified in 

accordance with 42 U.S.C. Section 74111(f)(1) or (2) if the area is "marginal" or "moderate", one hunc1re4 (100) tpy 

or more, if the area is "serious", fifty (50) tpy or more. ifthe area is "severe", twenty-five (25) tpyor more, and ifthe 

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

Co The facility emits or has the I)OteDtiaI to emit one hundred (100) tons per year or more of any 

regulated air pollutant listed in Subsections 006.84... through 006.84.e. 1be fugitive emissions shall not be 

considered in det£rmining whether the facility is major unless the facility belongs to one (1) of the followin.8 

categories: (4-5-00) 

i. Designated facilities. (3-23-98) 

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

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

the Administrator of EPA pursuant to Section 3020) ofthe Clean Air Act. (4-5-00) 

11. Part 71. Unless specified otherwise in this chapter, all definitions adopted under 40 CFR Part 70, 

revised as ofJuly 1,20041. are hereby incorporated by reference. ~ 

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

13. PIa...D Soarce. A source that is subject to emissions reduction requirements of42 U.S.C. Section 

7651 duough 76510 and shall have the meaning given to it pursuant to those sections. (5-1-94) 

14. PIa... D Valt. A unit that is subject to emissions reduction requirements of 42 U.S.C. Sections ( 7651 duoagh 76510 and the term shall have the meaning given to itpursaant to thosesectioDl. (5-1-94) ­ 15. Proposed Permit. The version of a permit that the Department proposes to issue and forwards to 

the EPA for review. (5-1-94) 

16. Sectioa 5Ol(b)(IO) Claaagel. Cban,es that contravene an express permit term. Such changes do 

not include changes that would violate applicable requuements or contravene federally enforceable permit terms and 

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

requirements. (3-19-99) 

17. 11er I Operadal Permit. Any permit covering a Tier I source that is issued, renewed, amended, or 

revised pursuant to SectiODl 300 through 386. (3-19-99) 

(BREAK IN CONTINUITY OFSECTlONS) 

107. INCORPORATIONS BY REFERENCE. 

01. GeaeraL Unless expressly provided otherwise, any reference in these rules to any document 

identified in Subsection 107.03 shall CODltitute 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 ruJes which have been adopted by an agency of the state or of the United States or by any nstionslly 

recognized organization or association. (5-1-94) 

02. AvlllabUlty Of RefereDced Material Copies of the documents incorporated by reference into 

these rules are available at the following locatiODl: (5-1-94) 

Idalao AdmiDistrative BaDeda PII·343 A.at J, 1005- VoL os.a 
( 


DEPARTIIENT OF ENVIRONMENTAL QUAUTV Docket No. SUf01..oa 


Rula for",. ConIroI 01AirPoIIuflon In Idaho PropoaedRulemaldng 


.. AD federal publicatiOOl: U.S. Government Printina Office, http://www.gpoaccess.gov/index.btml; 

aDd 	 (3-20-04) 

b. AU documents herein incorporated by reference: 	 (7-1-97) 

i. Department of Environmental Quality, 1410 N. Hilton, Boise, Idaho 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. DacameDtllncorporated by aefere.,.ee. The following documents an: incorporated by reference 

into tbeae rules: (5-1-94) 

... ReqWretnents for Preparation, Adoption, and Submittal of Implementation Plana; Appendix W to 

Part 51-Guideline on Air Quality Models. 40 CPR Parts 51 and 52 revised as ofJuly I, 2004~. ~ 

b. Implementation Plan for the Con1ro1 of Air Pollution in the State of Idaho (SIP). Department of 

Environmental Quality, November 1996. (3-19-99) 

Co National Primary and Secondary Ambient Air Quality Standuds, 40 CPR Part 50, revised as of 

Julyl,2004~. ~ 

cL Requirements for Preparation, Adoption, and Submittal of Implementation Plans, Protection of 

VISibility, Identification ofIntegral Vistas, Subsection a, 40 CPR Part 5 1.304(a), revised as ofJuly I, 2004.1. 

~ 

e. Approval and Promulgation ofImplementation Plans, 40 CPR Part 52, revised as of

~ 

July I, 2O«U.1. ( 

f. Ambient Air Monitoring Reference and Equivalent Methods, 40 CPR Part 53, revised 

~ 

as ofJuly I, 

I- Ambient Air Quality Surveillance, Quality Assurance Requirements for Prevention ofSignificant 

Deterioration (psD Air Monitoring), 40 CPR Part 58, Appendix B. revised as ofJuly I, 2004.1. ~ 

Standards ofPerformance for New Stationary Sources, 40 CPR Part 60, revised as o~'1iJ.iO«U.1j 

L National Emission Standards for Hazardous Air Pollutants, 40 CPR Part 61, revised 

~ 

as of July 1, 

J. National Emission Standards for Hazardous Air Pollutants for Source Categories. 40 CPR Part 63, 

revised as ofJuly I, 2004.1. ~ 

k. Compliance Assurance Monitoring, 40 CPR Part 64, revised as ofJuly 1,2004.1. ~ 

L Permits, 40 CPR Part 72, revised as ofJuly 1,2004.1. ~ 

1ft. SuUiu'Dioxide Allowance System, 40 CPR Part 73, revised as ofJuly 1,2004.1. ~ 

0. 

D. 

Clean 

Protection 

Air Act, 

ofStratospheric 

42 U.S.C. Sections 

Ozone, 

7401 

40 CFR. 

through 

Part 82, 

7671

revised 

1 (1997). 	

as ofJuly 1, 2O«U.1. ~ 

(3-19-99) 

p. Determining Conformity ofFederal Actions to State or Federal ImplementatiOll Plans: Conformity 

to State or Federal Implementation Plans of Transportation Plans, Programs and t-rojects Developed, Funded or 

Idaho Administrative BaBetta PageJ44 	 Auplt 3,1005 - VoL 05-8 
c 

DEPARTIIENT OF ENVIRONMENTAL QUALITY 

Rulaa tw the Control 01All' Pollution In IdMo 

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

93.129, revised as of July I, 2004,t except that SectioDS 93.102(c), 93.104(d), 93.104(e)(2). 93.105, 93.109(cHf>. 

93.118(e), 93.119(f)(3), 93. 120(a)(2), 93.121(a)(I), and 93.124(b) are expressly omitted from the incorporation by 

reference. ~ 

(BREAK IN CONTINUITY OF SEC11ONS) 

201. PROCEDURES AND REQUIREMENTS FOR PERMITS 10 CONSTRUCf. 

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 through 228 and S78 through S81, major facility sball be 

defined as major stationary source in 40 CFIt S2.21(b), revised as ofJuly I, 20041, and major modification sball be 

defined as in 40 CFR. S2.21(b). revised as of July 1,2004"-. These CFIt sections have been codified in the electronic 

CPR which is available at www.gpoaccess.gov/ecft. ~ 

(BREAK IN CONTINUITY OF SECTIONS) 

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

NONATTAINMENT AREAS. 

New major facilities or major modifications proposed for location in a nonaUainment area and whicb would be major 

for the nonattainment regulated air pollutant are considered nonattainment new SOW'Ce review (NSR) actions and are 

subject to the requirements in Section 204. Section 202 contains application requirements and Section 209 contains 

processing requirements for nonattainment NSR permitting actions. lbe intent of Section 204 is to incorporate the 

federal nonattainment NSR rule requirements. (4-6-0S) 

01. Incorporated Federal Program Requ1remeutl. Requirements contained in the following 

subparts of 40 CFR. S l.16S, revised as of July I, 20041, are hereby incorporated by reference. Requirements 

contained in the follow~ subparts of 40 CPR S2.21, revised as of July 1. 2004,t are bereby incorporated by 

reference. These CPR sectiODS have been codified in the electronic CFR. which is available at www.gpoaccess.gov/ 

em. 

40 

40 CFR 51.165(a)(6)(1) - (v) 

40 CFR 51.165(d) 

AppIlcabiity Provisions 

Applicability ProvIslona 

for emission Units that ara Subject to LAER 

Clean UnIt ProvIsions for Emission Units that Adlieve an Emission Umltatlon Comparable to lAER 

40 CFR 52.21 (z)(1) - (3) and (6) PCP Exduslon Procedural Requirements 

02. Addltloual Requ1remeutl. lbe applicant must demonstrate to the satisfaction of the Department 

the following: (4-6-0S) 

.. 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 Dooattainment regulated air pollutant, 

specifically: (4-6-0S) 

-


Idallo AdmlDlltrative Buletlu Pille 345 A.....t 3, 2005 - VoL 0S-8 
DEPARTJIENT OF ENVIRONMENTAL QUALITY Docket No. 51-0101.... 

RuIN lot' ",. Conltol 01All'Pollution '" Idaho ProposedRulemalcl", 

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

wbich emits the nooaUainment reauJated 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 reauJated air pollutant. (4-5-00) 

b. Required offsets. Allowable emissions nom the new major facility or major modification are offset 

by reductions in actual emissions nom statioauy sources. facilities, and/or mobile sources in the nonaUainment area 

so as to represent reasonable fbrther progress. All oftiettiDg emission reductions r:nuat satisfY the requirements for 

emission rcchtction 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 shall not be 

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

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

operating permit for the new major facility or major modification sha)) not be effective before the date the offsetting 

reductions are achieved. (4-5-00) 

e. Compliance status. All other sources in the State owned or operated by the applicant, or I?r any 

entity controlling. controUed by or under common control with such person. are in compliance with aU apphcable 

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. Cass I area designated by 

the Department, or intqpal vista ofa mandatoI)' 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 impairment. 

Any integral vista which the Federal Land Manager has 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 pumuant to 40 CF:R. Part 51.304(a), may be exempted nom Section 204 by the Department. (4-6-0S) 

03. NonmaJor Requlrementl. If the proposed action meets the requirements of an exemption or 

exclusion under the provisions of40 CF:R. 51.165 or 40 CF:R. 52.21 incorporated in Section 204, the nonma)or facility 

or stationary source permitting requirements ofSections 200 through 228 apply, including the exemptions m Sections 

220 through 223. (4-6-0S) 

2G5. PU.MIT REQUIREMENTS FOR NEW MAJOR FACILITIES OR MAJOR MODDICATIONS IN 

AlTAINMENT OR VNCLASSIFIABLE AREAS. 

The prevention of significant deterioration (PSO) program is a COI1SIrUction permitting program for new major 

facilities and major modifications to existing major facilities located in areas in attainment or in areas that are 

unclassifiable 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 PSO rule 

requirements. (4-6-0S) 

01. IDcorporated Federal ........m Requ1remelltl. Requirements coDtained in the following 

subparts of 40 CPR 52.21, revised as of July I, 200.;~ are hereby incorporated by reference. These CF:R. sections 

bave been codified in the electronic CF:R. which is available at www.gpoaccess.gov/ecfi'. 

.CFR.......... • CPR IWefWlCe 11tIe 

40 CFR 52.21 (aK2) ApplIcability Procedures 

40 CFR 52.21(b) DefInitIons 

40 CFR 52.21(1) Review of Major StatIonary Sourcea and Major Modiflcatlon8 

• Source Applicability and ExemptIng 

40 CFR 52.210) Control Technology Review 

40 CFR 52.21(k) Source IITJIIId Analysis 

Idaho AdmlDllmtt\'e BuUeda Au....It 2005 - Vol os.a 
DEPARTJlENT OF ENVIRONMENTAL QUALITY 

Rules ,.the ConfroI 01All' l'oIIuflon In Idrtho 

..CAt ......... ..CAt ............TItle 

40 CFR 52.21(r) Source OblIgation 

40 CFR 52.21(v) Innovative Control Technology 

40 CFR 52.21(w) PermIt Resd88Ion 

40 CFR 52.21 (x) Clean Unit Test 

40 CFR 52.21(y) Clean Unit Provisions for EmIasIone UniIB that Achieve an 

Emi8810n Umlt Comparable to BACT 

40 CFR 52.21 (z)(1) - (3) and (8) PCP Exdulion Procedural Requirements 

40 CFR 52.21(88) Actual PAlS 

02. beepdoD to IDeorporatioD by Referenee of41 CFR 52.21. Every use oftbe word Administrator 

in 40 CPR S2.21 means the Department except for the followiDg: (4-6-0S) 

L In 40 CFR S2.21(b)(17), tile defi:nitioo of federally enforceable, Administrator means the EPA 

Administrator. (4-6-0S) 

b. In 40 CPR S2.21(l)(2), air quality models, Administrator means the EPA Administrator. (4-6-0S) 

Co In 40 CPR S2.21(b)(43), permit program approved by the Administrator. Administrator means the 

EPA Administrator. (4-6-0S) 

do In 40 CPR S2.21(b)(48)(ii)(c), MACT standard that is proposed or promulgated by the 

Administrator, Administrator means the EPA Administrator. (4-6-0S) 

eo In 40 CFR S2.21(b)(SO)(i), regulated NSR pollutaat as defined by Administrator, Administrator 

means the EPA Administrator. (4-6-0S) 

f. In 40 CPR S2.21(y)(4)(i), Administrator for BACT, LAER and RACT clearinghouse. 

Administrator means the EPA Administrator. (4-6-0S) 

03. NODmaler ReqDlremeDtI. If the proposed actioo meets the requirements of an exemptioo or 

exciusioo under the proVlSions of 40 CPR S2.21 incorporated in SectioD 2OS, the nonmajor facUity or stationary 

source permitting requirements ofSections 200 through 228 apply, including tile exemptions in Sections 220 through 

223. (4-6-0S) 

(BREAK IN CONTINUITY OF SECnONS) 

119. PROCEDURE FOR ISSUING PERMITS. 

No Changes to Subsections 209.01 through 209.04 

os. Permit to CoDstnad Procedures for TIer I Sourea. For Tter I sources that require a pennit to 

construct, the owner or operator shan either: (S-l-94) 

.. Submit 0DIy the information required by Sections 200 through 219 for a permit to construct, in 

Idaho Admlalltratln BuDedD Page 347 A.....t 3, 2005 - VoL 05-8 
-


DEPARTMENT OF ENVIRONMENTAL QIJALJTf 

Rules trw tIHf ConftaI ofArPollution In Idaho 

which case: (3-23-98) 

i. A pennit to construct or denial will be issued in accordance with Subsections 209.01. .. and 

209.01.b. (5-1-94) 

ii. The owner or operator may construct the source after permit to construct issuance or in accordance 

with Subsection213.02.c. (3-23-98) 

iii. The owner or operator mar operate the source after permit to construct isswmce so long as it does 

not violate any termi or conditioDl ofthe exiSting TiCI' I operating permit and complies with Subsection 380.02. 

(4-5-00) 

iv. Unless a dift'erent time is prescribed by these rules, the applicable requirements contained in a 

permit to construct will be incorporated into the Tier I operating permit during nmewal (Section~. When: an 

existing Tier I permit would prohibit such CODBtruction or change in operation, the source must obtain a permit 

revisioo before commencing opendioo. Ttcr I sources required to meet the requirements under Section 112(1J} ofthe 

Clean Air Act (Section 214), or to have a permit under the pn:constructioo review program approved mto the 

applicable implementation plan under Part C (Sectioo 205) or Part D (Section 204) of Tide I of the Clean Air Act, 

shall file a complete application to obtain a Tier I permit revision within twelve (12) months after commencing 

operation. ~ 

v. The application or minor or sipificant permit modification request shall be processed in 

accordance with timc1ines: Section 361 and SubsectiODl 367.02 through 367.05. (3-19-99) 

vi. The final Tier I operating permit action shall incorporate the relevant terms and conditions :from the 

permit to construct; or (4-5-00) 

b. Submit all information required by Sections 200 through 219 for a permit to construct and SectioDl 

300 through 386 for a Tier I operating penmt, or Tier I operatins permit modification, in which cue: (4-5-00) 

i. Completeness ofthe application shall be detennined within thirty (30) days. (5-1-94) 

ii. The Department shall prepare a proposed permit to construct or denial in accordanc:e with SectioD8 

200 through 219 and a draft Tier I operating permit or Tier I operating permit modification in accordance with 

SectiODl 300 through 386 within sixty (60) days. (4-5-00) 

iii. The Department shall provide for public comment and affected state review in accordance with 

SectiODl 209, 364 and 365 on the proposed permit to construct or denial and draft Tier I operating permit or Tier I 

operating permit modification. (4-5-00) 

iv. Except as otherwise provided by these rules, the Department shall prepare and issue to the owner or 

operator a final permit to construct or denial within fifteen (IS) days ofthe close ofthe public comment period. The 

owner or operator may construct the source after permit to construct issuance or in accordanc:e with Subsection 

213.02.c. (4-5-00) 

v. The final permit to construct will be sent to EPA, along with the proposed Tier I operating permit or 

modification. The proposed Tier I operating permit or modification shall be sent for review in accordance with 

Section 366. (4-5-00) 

vi. The Tier I operating permit, or Tier I operating permit modification, will be issued in accordance 

with Section 367. The owner or operator may operate the source after permit to construct issuance so long as it does 

not violate any terms or conditiODl ofthe existing Tier I operating permit and complies with Subsection 380.02; or 

(4-S-OO) 

Co Submit all infonnation re<JUim! by SectiODl 200 through 219 for a permit to construct and SectioD8 

300 through 381 for a Tier I operating penmt, or lief Ioperatins permit modification, in which case: (4-5-00) 

ldabo Administrative Buleda P..e348 Aupst 3, 2005 • VoL 05-8 
DEPARTIIENT OF ENVIRONMENTAL QUALITY 

Ru1e8 for the ConttaI ofAirPollution In Idaho 

i. Completeness ofthe application shall be determined within thirty (30) days. (4-S-OO) 

ii. The Department shall J.X'CPII'C a draft pennit to construct or denial in accordance with Sections 200 

through 219 and that also meets the requirements of Sections 300 tbrougb 381 within sixty (60) days. (4-5-00) 

iii. The Department shall provide for public comment and affected state review in accordance with 

Sections 209. 364, and 30 an the draft permit to construct or denial. (4-S-OO) 

iv. The Department shall prepare and send a proposed pennit to construct or denial to EPA for review 

in accordance with Section 366. EPA review ofthe proposed pennit to construct or denial in accordance with Section 

366 can occur concurrendy with public comment and affected state review of the draft permit, as provided in 

Subsection 209.05.c.iii. above. except that if the draft ~it or denial is revised in response to public comment or 

affected state review. the Department must send the revised proposed pennit to construct or denial to EPA for review 

in accord8nce with Section 366. (4-5-00) 

v. Except as otherwise provided by these rules. the Department shall prepare and issue to the owner or 

operator a final pennit to construct or denial in accordance with Section 367. The owner or operator may construct 

the source after permit to construct issuance or in accordance with Subsection 213.02.c. (4-5-00) 

vi. The permittee may. at any time after issuance, request that the permit to construct requirements be 

incorporated into the Tier I operating pennit through an administrative amendment in accordance with Section 381. 

The owner or operator may operate the source or modification upon submittal of the request for an administrative 

amendment. (4-5-00) 

(~ ­

Idaho Administrative BuDed. Pile 34' Augut 3, 2005 - Vol. 05-8 -

c 

LIST OF PUBLIC COMMENTS 


Proposed Rules for the Control of Air Pollution In Idaho 


Docket Number 58-0101-0505 


Deadline for Comment September 7, 2005 


Extended to October 28, 2005 

Submitted By Date Received 

Katharine Gerrity, Legal Analyst 

Legislative Services Office 

State Capitol 

Boise, 10 83720-0054 

July 28, 2005 

Letter to OEQ 

July 13, 2005 

Memo to Germane Joint 

Subcommittees 

CertifICate of Hearing September 7, 2005 

-

I-­

Hundreds of comments were received regarding the incorporation by reference of the final rule 

for Standards of Perfonnance for New and ExIsting Stationary Sources: Electric Utility Steam 

Generating Units, 70 Fed. Reg. 28,606 (May 18, 2005) (Clean Air Mercury Rule (CAMR». 

On October 21, 2005, EPA filed a notice of reconsideration regarding the CAMR. Consideration 

by the Board of th.e CAMR has bee~ postponed pending final decision on reconsideration of the 

rule by EPA The comments are included In the rulemaking record but have not been submitted 

to the Board. The CAMR will be addressed under a new docket pursuant to a public negotiated 

rulemaking. 

-

-
Legislative Services Office RECEIVED

JUL 282005 (' Idaho State Legislature 	 -


OffIce of the Attorney General 

Ipeg 

Carl F. Bianchi 

Director 

State Capitol 

P.O. Box 83720 

Boise, ID 83720-00S4 

July 28, 2005 2081334-247S; Fax 334-2125 

www2.state.id.usllegislat 

Paula J. VVllson 

Hearing Coordinator 

Department of Environmental Quality 

1410 N. Hilton 

Boise, 1083708-1255 

Dear Ms. VVllson: 

The Senate and House Subcommittees for review of administrative rules have reviewed the 

proposed changes to the Department of Environmental Quality rules: 

IDAPA 

58.01.01 	 Rula for Control of Air Pollution In IdaholDefina "Regulated Air 

Pollutant' (Docket #68-0101-0503) 

58.01.01 	 Rula for Control of Air Pollution In IdaholUpdates Citations to Federal 

Regulations (Docket #68-0101-0606) . 

58.01.01 	 Rula for Control of Air Pollution In IdaholProvlda Consistency 

between MaJor & Minor Air Quality Permitting Programs (Docket #58­

0101-0608) . 

58.01.06 	 Rula & Standards for Hazardous Wasta 

(Docket #68..(1105-0601) 

58.01.13 	 Rula for Ore Procaslng By Cyanldatlon 

(Docket #68-0113-0601) 

58.01.17 	 Wastewater-Land Application Permit RulaslTo Modify & Clarify 

existing Water Quality LImits & Other Requirements 

(Docket #68-0117-0601) 

58.01.17 	 Wastewatar-L.and Application Permit Rules/Public Participation 

Provisions (Docket #58-0117-0602) 

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

SI~,~1y yours, . 

YfM~dhtfi Katharine A GJrtity 

Principal Legal Analys 

KAG/ca 

{.­

Mike Nugent, Supervisor Jeff Youtz, Su pervisor Ray Ineck, Supervisor Glenn Harris, Supervisor 

Research & Legislation Budget & Policy Analysis Legislative Audits Network Administration 

mnugent@lso.state.id.us jyoutz@lso.state.id.us rineck@lso.state.id.us gharris@lso.state.id.us 
Legislative Services Office 

Idaho State Legislature 

AIiCIiIVED 

Carl F. Bianchi Stare Capitol Director 	 JUL 13 21m P.O. Box 83'720 

Office of the General Boise, 10 83120-0054

IDEa 2081334-2475; FIX 334-2125 

www2.state.id.usilclislat MEMORANDUM 

TO: Rules Review Subcommittee oftho Senate Health and Welfare Committee, the 

• 	 SoDate Resources and Enviromnent Committee and tho House Environment, 

Energy and Technology Committee 

FROM: Research" Legislation Staff - Katbarine Gerrity ~ 

DATE: July 11, 2005 

SUBJECl': Department ofEnvironmental Quality 

mAPA 58.01.01- Rules for tho Control ofAir Pollution in Idaho 

mAPA 58.01.01 - Rules for tho Control ofAir Pollution in Idaho 

mAPA 58.01.01 - Rules for the Control ofAir Pollution in Idaho 

mAPA 58.01.05 - Rules and Standards for Hazardous Waste 

.... mAPA 58.01.13 - Rules for Ore Processing By Cyanidation *' mAPA 58.01.17 • Wastewater-Land Application Permit Rules 

.. mAPA 58.01.17 - Wastewater-Land Application Permit Rules 

1. IDAPA 58.01.01 - Rules for the Control ofAir Pollution in Idaho 

The Department ofEnvironmental Quality submits notice ofproposed rulemaldng at 

IDAPA 58.01.01· Rules for the Control ofAir Pollution in Idaho. 

According to the Department, negotiated rulemaking was conducted in developing the 

rule, the purpose ofwhich is to fulfill a number ofrequirements stemming from legislation 

passed during the 2005 legislative session. Specifically, tho Department notes that HB 230 and 

sa 1228 require the Department to adopt rules defining the term "regulated air pollutant" as it 

applies to various Clean Air Act permit to construct and operating permit programs and to adopt 

rules that are consistent with the Clean Air Act and its implementing regulations in regard to the 

permit applicability treatment oftbgitive emission. The Department also indicates that all major 

and non-major sources ofair pollution may be interested in commenting on the proposed rule and 

Mike NUI'Dt, Supe"iIor Jeff Youtz, Supervisor Ray laICk, Supe"lsor GleaD Harris, Supe"lsor Research " Legislation Blldget " Policy Analysis Legislative Audits Network Administration 

mnugent@lso.state.id.us jyolltz@lso.state.id.us rineck@Jso.stat•.id.1IS gharris@Jso.state.id.us 
special interest groups, public officials, or members ofthe public who have an interest in the 

regulation ofair emissions from sources in Idaho may also wish to submit comments. 

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

The Department confirms that the rule does not regulate an activity not regulated by the federal 

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

2. IDAPA 58.01,01 - Rules for the Control ofAir Pollution in Idaho 

The Department ofEnvironmental Quality submits notice ofproposed rulemaking at 

IDAPA 58.01.01 • Rules for the Control ofAir Pollution in Idaho. 

According to the Department, the purpose ofthe rule is to update various citations to the 

federal regulations incorporated by reference 88 mandated by the U.S. Environmental Protection 

Agency for approval ofthe state's Title V Operating Permit Program, to include those revised as 

of July 1,2005, as well as to correct a specific reference. 

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

The Department confirms that the rule does not regulate an activity not regulated by the federal 

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

3. IOAPA 58.01.01 - Rules for the Control ofAir Pollution in Idaho ­ The Departm~t ofEnvironmental Quality submits notice 'of proposed rulemaking at 

IDAPA 58.01.01 • Rules for the Control ofAir Pollution in Idaho. 

According to the Department, negotiated rulemaldng was conducted in developing the 

rule. The Department states that last year it revised its major permitting program due to changes 

in federal law and this particular rule change will revise a number ofdefinitions to provide 

consistency between the major and minor air quality permitting programs as well as add two new 

subsections allowing for the transfer ofpermit to construct and Tier II operating permits. The 

Department indicates that both ~or and minor sources ofair pollution, special interest groups, 

public officals, and members ofthe public who have an interest in the regulation ofair emissions 

from sources in Idaho may wish to submit comments. 

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

The Department confirms that the rule does not regulate an activity not regulated by the federal 

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

4, IDAPA 58.01.05 - Rules and Standanfa for HaprdnwI Waste 

The Department submits notice ofa proposed rule at IDAPA 58.01.05 - Rules and 

- Page20f 5 
c: Standards for Hazardous Waste. 

Accordina to the Department, the rule is updated annually to maintain coDSistency with 

the u.s. Enviromnental Protection Agency's feda:al reauJ.ations implementina the Resol11'Ce 

Conservation and Recovery Act as directed by the Idaho Hazardous Waste Management Act. The 

Department continues that Idaho has historically adopted both required and optional federal 

regulations so that Idaho's hazardous waste rules are the same as federal requirements. The 

Department states that optional federal regulations usually allow more flexibility to the reauJ.ated 

community and required federal regulations are necasary to maintain program. primacy. The 

Department adds that adoption by reference allows it to keep its rules up to date with federal 

regulation changes, minimizel the EPA Region 10 effort needed to keep Idaho's authorization 

current and simplifies compliance for the regulated community. This rule updates citations 

incorporated by reference to include revisions made as ofJuly 1, 2005. 

The proposed rule appears to be authorized by Chapters 44 and 58, TItle 39, Idaho Code. 

The Department also notes that Section 39-4404, Idaho Code, as well as 40 CPR 271.21(e} 

require it to adopt amendments to federal law as proposed. The Department confirms that the rule 

does not reauJ.ate aD activity not regulated by the federal government, nor is it broader in scope or 

more stringent than federal law or regulations. 

s. IDAPA 58.01.13 • Rules for Ore Prpcessina By CyanidAtion 

The Department submits notice ofa temporary and proposed rule at IDAPA 58.01.13 ­

Rules for Ore Processing By Cyanidation. The temporary rule will be effective July 13,2005. 

According to the Department, the rule is being revised. based on legislation during 

the 2005 legislative session relating to bonding. closure plans, and time frames for rejecting or 

approving permits for ore processing facilities using cyanide. The Department, along with the 

Department ofLands, was directed to promulgate rules implementing the provisions ofthe 

legislation by August 1,2005. Negotiated rulemakinS wu conducted with interested parties as 

well as the Department ofLands. The Department notes that the Idaho Minina Association, 

Independent Miners Association, the Idaho Conservation League, Idaho Rivers United, the U.S. 

EPA, mining companies, associated grass roots environmental and multiple use organjmtions, 

and the public at large may be interested in commentins on the proposed rule. 

The proposed rule appears to be authorized by Chapter 1, Title 39, Idaho Code. The 

Department .tates that the raJe makes nMsioDl to a current emtml rule that regulatea an 

activity not replated by the fedenilovenament. However, the LegIslature directed the 

DepartmeDt to prolDulgate teJDporary raJa to aplemeDt the promioDl by Aupst 1, 2OGS, 

aDd, CODsequeDtly, the DepartJDeDt hu dODe 10 to meet the directive. 

6. IDAPA 58,01.17 - Wastewater-Land ApJJlication Pennit Rules 

Paae30f 5 
The Dcpa.rtmcnt ofEnvironmental Quality submits notice ofproposed rulemaking at ....:... 

IDAPA 58.01.17· Wastewater-Land Application Permit Rules. Following public comment, 

however, the Department intends to present the final proposal to the Board for adoption ofa 

pcndina and temporary rule. Ifadopted by the Board, the temporary rule would become effective 

December 7, 2005. 

Accordina to the Department, ncaotiatcd rulcmaking was conducted in developing the 

rule. The Department states that the rulcmaking has been initiated to modifY and clarify existing 

water quality limits and other requirements for the vuious classes ofmunicipal reclaimed 

wastewater, to add and clarify vuious definitions, and to chanae the name ofthe rules. The 

Department adds that the ruJcmakin, is necessary because it has determined that the existing 

water quality limits and other requirements for Class A and Class Breclaimed wastewater may 

be too strict. The name ofthe rules is being changed to reflect the desire ofthe Department and 

stakeholders to go beyond just land application ofwastewater in the field ofreuse, land 

application being a subset of the broader scope ofreclaimed wastewater reuse. A number ofother 

''housecleaning'' chanaes have been made. The Department notes that the Idaho Association of 

Commerce and Industry, the Idaho Association ofCities, consulting engineers, existing and 

potential permittees, and the development community may be interested in commenting on the 

rule. 

The proposed rule appears to be authorized by Chapter 1, Title 39, Idaho Code. The 

DepartmeDt indicates that the rule replates aD aetivity Dot regulated by the federal ..4. 

govenuDent aDd lett forth withiD its Node. of RalemalriDg requbite addldoDai informadoD 

punuaatto the provilioDl ofSublectiODl (3) aDd (4) ofSecdoD39-107D,·ldaho Code, for 

review by the committee&. The DepartDaent ltatea that the requirements let forth in the 

propoaed rule are b-.t UPOD studies aDd aulysil coDdueted by other ltates, the U.S. 

EDviroDlDentai ProteetioD Agency, aDd Dadonal water reuse orpllizadoDI that indicate the 

requiremeDts are protective of humaD health aDd the eDViroDment aDd do Dot pose aD 

uDreasonable .... k to the pubBe potentially a.posed. AccordiDg to the Department, the 

ltudies aDd aaalysu wtll be included in the rulemaIdDl record aDd caD be reviewed during 

the pubUc COlDIDeDt period for further detaDed iDformatioD reprdiDl risk. 

7. IDAPA 51.01.17 - Wastewater-Land Ap,plication Pennit Rules 

The Department ofEnviromnental Quality submits notice of proposed rulemaking at 

IDAPA 51.01.17 - Wastewater-Land Application Permit Rules. 

The Department notes that a Notice ofNegotiatcd Rulemaldng was published but no 

members ofthe public attended the meeting. The Depaabnent did receive one written comment 

According to the Department, the wastewater-land application permit rules do not currently 

require the Department to provide public notice or an opportunity for public comment during the 

wastewater land application permitting process, although the Department has been doing so. The 

purpose ofthe rule is to set out the public participation provisions for the permitting process and ,­

Page 4 of S 
c.."" 	 to revise the permitting schedule to allow the director 60 days after issuance ofa draft permit to 

issue the final permit. The rule currently allows the director 30 days to issue tho final permit. The 

Department continues that in order to maintain tho 180 day permittina schedule, the number of 

days allowed for the director to make an application completeness determination would decrease 

form 60 to 30. The rule also adds a provision allowing for additional information or consultation 

between the applicant and the Department ifnecessary to claritY, modify or supplement tho 

application. Tho Department notes that tho Idaho Association ofCommerce and Industry, the Idaho 

Association ofCities, consultins engineers, existing and potential permittees, and the development 

community may be interested in commenting on the rule. 

The proposed rule appears to be authorized by Chapter 1, Title 39, Idaho Code. In tenus of 

Section 39·1070, Idaho Code, compliance, that Section provides, in part, that "any rule formulated 

and recommended by the department to the board which is broader in scope or more stringent than 

.	federal law or regulations, or proposes to regulate an activity not regulated by the federal 

government.." is subject to certain additional requirements specifically set forth within the section. 

The Department maintains that the provisions ofSection 39-1070, Idaho Code, do not apply to the 

proposed rule for tho following reasons: 

1) The Department asserts that there is no federal law or regulation that is comparable to 

the Wastewater-Land Application Permit Rules. Based on this fact, the Department indicates that 

the proposed changes are not broader in scope or more stringent than federal law or regulations. 

C-. 2) The Department also asserts that the proposed rule changes the public participation 

provisions in an existing program authorized by the Idaho Legislature and does not propose to 

expand a regulatory program to an area or activity not regulated by the federal government 

The Department clarifies, however, that even though the rule simply changes the public 

participation provisions in an existing program and does not expand regulation to a new activity, 

the existing program does regulate activities not regulated by the federal government. The 

Department adds that the Wastewater-Land Application Permit Rules were first adopted in 1988 

and therefore were not subject to the requirements ofSection 39-1070, Idaho Code, enacted in 

2002 and amended in 2003. Finally, the Department adds that the rulemaking does not propose any 

standards relating to human health or the environment, but simply public participation provisions. 

The committees may consider that this fact distinguishes this rule, in terms ofthe applicability of 

the provisions ofSection 39-107D, Idaho Code, from the Department's proposed rule relating to 

ground water quality standards, in which standards were modified and added, which was the 

subject ofour memo to the committees ofJune 14, 200S. 

cc: Department ofEnvironmental Quality 


Paula 1. Wilson 


Martin Bauer 


John Bmeck . 


IohnLawson 


Mark Mason 


Rick Huddleston 


PageS of S 
• ..N-IN IICMITIIII POR PUr).IC H.*RING • ."" .1

Rules for the Control of Air PoIlutI"'uin Idaho 

LOCATION: Department of Envlronment81 QualIty Cont.r.nc:. Cent8r, 1410 N. Hilton.....1dIIho 

DATE: ...._ 7. 2005 

NAME 

(PLEASE 

PRINT) 

Do you wiD to Do you wiD to 

MAILING ORGANIZATION REPRESENTED co at. 011. cc nnt. 011. 

ADDRESS (IF ANY) Doc::ket. 110. Doc::ket. 110. 

58-0101-0503 5'-0101-0505 

....&a·I.e, 

r.i.~.:~ -­ No Nfl

, lk~rlL. 

k:v~«. - tJo tJlJ till 

., } 

Do you wiD to 

OI.~.nt. 011. 

DocUt. 110. 

51-0101-0506 

"'" No 

r--1 
CERTIFICATE OF HEARING 

SUBJECT: 	 Rules for the Control of Air Pollution in Idaho, Docket Nos. 58-0101-0503, 

58-0101-0505, and 58-0101-0508 

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

HEARING DATE: September 7, 2005 

The undersigned designated hearing officer hereby certifies that on the 7tlt day of 

September, 2005, a public hearing was held on the Rules for the Control ofAir Pollution 

in Idaho at the DEQ conference center in Boise, Idaho. The hearing commenced at 4 

p.m. and was adjourned at 4 ~ jo p.m. Members of the public attended the hearing 

but did not wish to present oral testimony. 

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

by Idaho Code Section 87-5221, on August 3,2005. this publication was timely made ( and other necessary notice requirements have been met. 

DATED this 7tlt day of September, 2005. 

Hearing Offtcer 

CERTIFICATE OF HEARING 

.­ IDAPA 58 • DEPARTMENT OF ENVIRONMENTAL QUALITY 

58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO 

DOCKET NO....101-0_ 

NOTICE OF EXTENSION OF COMMENT PERIOD 

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

extended the period for public comment 'I'be action is authorized by Sections 39-105 and 39-107. Idaho Code. This 

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

Environmental Protection Agency (EPA) for approval ofthe state's Title V Operating Permit Program pursuant to 40 

CFR Part 70 and fulfilling the requirements ofIdaho's delegation agreement with EPA under Section H20) of the 

Clean Air Act. 

DESCRIPTIVE SUMMARY: The proposed rule was published in the Idaho Administrative Bulletin, Volume 05-8, 

August 3,2005, pages 340 through 349 with a public comment dead.liDe ofSeptember 7. 2005. 

This rulemaldng 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 I, 2005, which includes the final rule for Standards of Performance for New and 

Existing Stationary Sources: Electric Utili~ Steam Generatins Units. 70 Fed. Reg. 51,267 (May 18,2005) (codified 

at 40 CPR Part 60, Subpart HHmI). In addition, this proposed rule makes a correction in Subsection 209.0S.a.iv. The 

reference to Section 269 should be Section 369. 

After consideration of public comments, DEQ intends to present the final proposal to the Board of Environmental 

Quality in November 2005 for adoption of a pending rule. 'I'be rule is expected to be final and effective upon the 

conclusion ofthe 2006 session ofthe Idaho Legislature ifapproved by the Legislature. 

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 AND SUBMISSION OF WRITTEN COMMENTS: For 

assistance on technical questions concerning this rulemaldng. contact Martin Bauer at (208) 373-0440 or 

martin.bsuer@deq.idaho.gov. 

Anyone may submit written comments by mail, fax or e-mail at the address below regarding this proposed rule. DEQ 

wiJl consider all written comments received by the undersigned on or before October 26, 2005. 

DATED this 2nd day ofSeptember. 2005. 

Paula J. Wilson 

Hearing Coordill8tor 

Department ofEnvironmental Quality 

1410 N. Hilton 

Boise. Idaho 83706-1255 

(208)373-04181Fax No. (208)373-0481 

paula.wilson@deq.idaho.gov 

Idabo Administrative Bulletia P.p703 October 5, 2005 - VoL 05-10 -. 

State of Idaho 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

Board ofEnvironmental Quality 

1410 North HIlton, 801.., ID 83708-1255, (208) 373-0502 Dirk Kempthorne, Governor 

Toni H ....ty. Director 

DECLARATION OF RULEMAKING 


BY THE BOARD OF ENVIRONMENTAL QUALITY 


ADOPTION OF PENDING RULES 


DOCKET NO. 58-0101-0505 


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. 

STATE OF IDAHO 

County of Ada 

On this 17th day of November, 2005, before me, the undersigned, a Notary Public in and 

for said State, personally appeared John R. MacMillan, Chainnan, known to me to be the person whose 

name is subscribed to the within instrument and acknowledged to me that he executed the same. 

IN WITNESS WHEREOF, I have set my hand and affixed my official seal the day and 

year in this certificate first above written. 
FINAL PROPOSAL 

-. 

RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO, DOCKET NO. 5S0101-0505 

The proposed rule was published in the Idaho Administrative Bulletin, August 3, 2005, Vol. 05-8, 

pages 340 through 349. DEQ recommends that the Board take the folbwing action: 

IDAPA 58.01.01 

Section 008 ADOPT AS PROPOSED 

Section 107 ADOPT AS REVISED 

Section 200 ADOPT AS PROPOSED 

Section 204 ADOPT AS PROPOSED 

Section 205 ADOPT AS PROPOSED 

Section 209 ADOPT AS PROPOSED 

._""" 

RULE PROMULGATION AUTHORITY CHECKLIST ,'- ( 

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

Docket No. 58-0101-0505 

DATE INITIALS 

& l---Legal Review of Proposed Administrative Rules Form 

~r /~/1 . Director Approval of Proposed Administrative Rules Form 

I/PIO~ {pi2 Approval Received from DFMlGovemor 

VJi!{ ~ Legal Review of ProposedlTemporary Rule Docket

~/1/'S ill Director Approval of ProposedlT emporary Rule Docket 

- ( 

.. 

4 4- Board Adoption of Temporary Rule

~( Legal Review of PendingfTemporary Rule Docket

DhLoj M Director Approval of Pending(temporary Rule Docket 

Board Adoption of PendingfTemporary Rule 
r ~ ~ 

IPi.-~-.oe-ke-:tNumber: 58-0101..Q5Q5· .a--...., Public Notice 


Effective D.te: 2006 Sine die 
 Negotiated Rule Making: ( 1Yes (X]No 


Rules Title: Rules for the Control of Air Pollution in Idaho 
 Groupa Involved: N/A 


Agency Contact and Phone: Martin Bauer. 373-0440 


H..rlngs: [Xl Yes [ JNo 


This rulemaking is necessary to ensure that the Rules for the Control of Air Pollution in Idaho 


Dellcrlpttve Summary: 

Locatlons.nd D ....: Boise,917/05 


will remain consistent with federal regulations. The proposed rule updates citations to federal 


regulations incorporated by reference to include those revised as of July 1, 2005, which 


includes the final rule for Standards of Performance for New and Existing Stationary Sources: 


Electric Utility Steam Generating Units, 70 Fed. Reg. 28,606 (May 18,2005), corrected at 70 


Fed. Reg. 51,267. In addition. this proposed rule makes a correction in Subsection 
 Written Comment Deadline: 917/05. extended to 10128105 

209.05.a.iv. The reference to Section 269 should be Section 369. 

The U.S. Environmental Protection Agency (EPA) filed a notice of reconsideration on October 


21, 2005 regarding the final rule for Standards of Performance for New and Existing Stationary 


Sources: Electric Utility Steam Generating Units. 70 Fed. Reg. 28,606 (May 18, 2005) (Clean 


Air Mercury Rule (CAMR». Consideration by the Board of the CAMR has been postponed 
 eo.tlmpact pending final decision on reconsideration of the rule by EPA. Section 107 has been revised Agency: None anticipated. with the addition of Subsection 107.03.q., which expressly excludes the CAMR from ReguIat8d Community: None anticipated. incorporation by reference into these rules. The CAMR will be addressed under a new docket 

pursuant to a public negotiated rulemaking. 

OEQ 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 adjournment sine die of the Second 


Regular Session of the Fifly..eighth Idaho Legislature. The rule is subject to review by the 


Legislature before becoming final and effective. 


Relevant Statutes: Idaho Code §§ 39-105 and 107 

Idaho Code I 38-107D 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. 


Idaho Code I 67-6221(c) FlKallmpact Sta ....... nt: 


No negative impact occurs from this rulemaking; provision is 


not applicabje. 


, Rulemaking and Public Comment Sur yY - Page 1 t 
I J I 

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

[ ) Compliance with deadlines in amendments to goveming law or federal programs [ 1 Conferring a benefit 

Docket Number: 58-01Q1::Q§Q5 

Section 

008 

107 

200 

204 

205 

209 

ExIstIng Rule Summary 

Deftnltlons for the PUrpoHS of 

Sections 300 through 386. 

IncorporatJona by Reference. 

Procedu.... and Requll'8l'll8ldll 

for PennIbI to Construct. 

PennJt Requirements for New 

Major FacIIItIea or Major 

Modifications In 

Nondalnment Areas. 

Permit Requirements for Naw 

Major FeeDItIee or Major 

ModIflcaUona In Attainment 

Areae or Unclu8lftable A...... 

Procedure for "'ulng Permits. 

Temporary andlor Proposed 

Rule SUnVnary 

Updates citations to federal 

regulations incorporated by 

reference to include those 

revised as of July 1, 2005. 

Updates citations to federal 

regulations incorporated by 

reference to include those 

revised as of July 1, 2005. 

Updates citations to federal 

regulations incorporated by 

reference to include those 

revised as of July 1, 2005. 

Updates citations to federal 

regulations Incorporated by 

reference to include those 

revised as of July 1, 2005. 

Updates citations to federal 

regulations incorporated by 

reference to include those 

revised as of July 1, 2005. 

Makes a correction in Subsection 

209.05.a.iv. The reference to 

Section 269.has been changed 

to 369. 

Summary of Rule C ......... 

Baed on Public Comment 

No comment received. No 

change. 

Section 107 has been revised 

with the addition of Subsection 

107.03.q., which expressly 

excludes.the final rule for 

Standards of Performance for 

New and Existing Stationary 

Sources: Electric Utility Steam 

Generating Units, 70 Fed. Reg. 

28,606 (May 18, 2005) (CAMR) 

from incorporation by reference 

into these rules. 

No cornrnent received. No 

change. 

No comment received. No 

change. 

No comment received. No 

change. 

No comment received. No 

change. 

Outstand........... 

None. 

None. 

None. 

None. 

None. 

~. Rulemaking and Public Comment Su~ - Page 2 
Proposed Motions for the November 2005 - Meeting of the Idaho Board of Environmental Quality 


Agenda Item #13 

Rules for the Control of Air Pollution in Idaho. Docket No. 58-0101-0505 

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. 58-0101-0505. 

-, ( 
FINAL PROPOSAL 

RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO, DOCKET NO. 580101-0505 

The proposed rule was published in the Idaho Administrative Bulletin, August 3, 2005, Vol. 05-8, 

pages 340 through 349. DEQ recommends that the Board take the folbwing action: 

IDAPA 58.01.01 

Section 008 ADOPT AS PROPOSED 

Section 107 ADOPT AS REVISED 

Section 200 ADOPT AS PROPOSED 

Section 204 ADOPT AS PROPOSED 

Section 205 ADOPT AS PROPOSED 

Section 209 ADOPT AS PROPOSED 
"".. IDAPA 58 • DEPARTMENT OF ENVIRONMENTAL QUAUTY 

58.01.01 - RULES FOR THE CONTROL OF AIR POLLunON IN IDAHO 


DOCKET NO. 58-G101-GS01 


NOTICE OF RULEIlAKINO • PENDING RULE 


EFFECTIVE 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 will become final 

and effective immediately upon the adjoumment sine die of the Second Regular Session of the Fiftyeighth 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(0 ofthe Clean 

Air Act 

DESCRIPTIVE SUMMARY: A detailed summary ofthe reasons for commencing the rulemaking is set forth in 

the Initial proposal published in the Idaho Administrative Bulletin, September 7, 2005, Vol. 05-9, pages 340 

through 349. EPA filed a notice of reconsideration on October 21, 2005 regarding the final rule for Standards 

of Performance for New and Existing Stationary Sources: Electric Utility Steam Generating Units, 70 Fed. Reg. 

28,606 (May 18. 2005) (Clean Air Mercury Rule (CAMR». Consideration by the Board ofthe CAMR has been 

postponed pending final decision on reconsideration of the rule by EPA. Section 107 has been revised with 

the addition of Subsection 107 .03.q., which expresslyexcludes the CAMR from incorporation by reference into 

IDAPA 58.01.01, Rules for the Control of Air Pollution in Idaho, The CAMR will be addressed under a new 

docket pursuant to a public negotiated rulemaking. The remainder of the rule has been adopted as initially 

proposed. The Rulemaking and Public Comment Summary can be obtained at ytWW.deaJdaho.gov or by 

contacting the undersigned. 

IDAHO CODE SECTION 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 law or regulations. 

IDAHO CODE SECTION 87-5224(2)(f) FISCAL IMPACTSTATEMENT: No negative impacloccurs from this 

rulemaking; provision is not applicable. 

GENERALINFORMAnON: For more information about DEQ's programs and activities, visit DEQ's web site 

at www.deq.idaho.gov. 

ASSISTANCE ON "rECHNICAL QUESTIONS: For assistance on technical questions concerning this 

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

DATED this 17· day of November, 2005. 

Paula J. Wlson 

Hearing Coordinator 

Department of Environmental Quality 

1410 N. Hilton 

Boise, Idaho 83706-1255 

(208)373-04181Fax No. (208)373-0481 

paula.wilson@deq.idaho.gov 
Docket No. 58-0101-0505- Revisions to proposed rule 

107. INCORPORATIONS BY REFERENCE. 

01. General. Unless 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 nOles 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 Referenced Material. Copies of the documents incorporated by reference into 

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

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, Idaho 83706-1255 at (208) 373­

0502. (7-1-97) 

ii. State Law Library, 451 W. State Street, P.O. Box 83720, Boise, Idaho 83720-005 I, (208) 334­

3316. 

(7-1-97) 

03. Documents Incorporated 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 SI--Guideline on Air Quality Models. 40 CPR Parts S1 and 52 revised as of July I, 2004~. ~ 

b. Implementation Plan for the Control of Air Pollution in the State of Idaho (SIP), Department of 

Environmental Quality, November 1996. (3-19-99) 

Co National Primary and Secondary Ambient Air Quality Standards. 40 CPR Part SO, revised as of 

July I, 2004~. ~ 

d. Requirements for Preparation, Adoption, and Submittal of Implementation Plans, Protection of 

Visibility, Identification of Integral Vistas, Subsection a, 40 CPR Part 51.304(a), revised as of July I, 

~ 

2004~. 

e. 	 Approval and Promulgation ofImplementation Plans, 40 CPR Part 52, revised as of 

~ 

July 1, 2004~. 

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

2004~. ~ 

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, 2004~. ~ 

h. Standards of Performance for New Stationary Sources, 40 CFR Part 60, revised as of July I, 

20042. ~ 

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

2004~. ~ 

1 
j. National Emission Standards for Hazardous Air Pollutants for Source Categories, 40 CFR Part 63, ­

revised as of July 1, 2004~. ~ 

k. Compliance Assurance Monitoring, 40 CFR Part 64, revised as of July 1, 2004~. ~ 

I. Permits, 40 CFR Part 72, revised as of July 1, 2004~. ~ 

m. Sulfur Dioxide Allowance System, 40 CFR Part 73, revised as of July I, 2004~. ~ 

n. Protection of Stratospheric Ozone, 40 CFR Part 82, revised as of July 1, 2004~. ~ 

o. Clean Air Act, 42 U.S.C. Sections 7401 through 7671g (1997). (3-19-99) 

p. Determining Conformity of Federal Actions to State or Federal Implementation Plans: Conformity 

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

Approved Under Title 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 I, 2004~ except that Sections 93.102(c), 93.104(d). 93.l04(e)(2). 93.105, 93.l09(c)-(f). 

93.1l8(e), 93.119(f)(3), 93.l20(a)(2), 93.121(a)(I), and 93.124(b) are expressly omitted from the incorporation by 

reference. ~ 

2