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 : 

# :rift t: Of'f' ,) f d.

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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 forthe Control 

### ofAir Pollution in Idaho. IDAPA 58.01.01. DEQ is seeking Environmental Protedion Agency (EPA) approval 

### ofthe following revisions as an update to the contents 

### ofthe 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 ofModification, which refers to "state only toxic airpollutant,

.. is not to be Includedin the Idaho SIP. The revision to this subsection is includedin this submittalonlyforEPA's infonnation in approving changes 

### to the remainderofSection 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"()10 1"()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 inaccordance 

### with the requirements 

### ofthe federal Clean Air Ad and applicable federal regulations. None 

### ofthe 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 willMichael 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) 

### Ifyou or your staff have questions concerning any ofthese rules, please contact Martin Bauer, Air Quality Division Administrator, at 208-373-0440. Mr. Bauer and his staffare available to provide assistance to ensure Idaho's SIP is updated as soon as possible. Sincerely.

# ~~.~ Toni Hardesty Director THlph Enclosures c: Martin Bauer, DEQSTATE 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 ofAir 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 forthe Control ofAir Pollution in the State of Idaho (Idaho SIP). The changes being 

### submitted were adopted as pending by

### the 

### Board of Environmental Quality and approved by the Idaho Legislature as indicated in the attachment. DATED this 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 to40 CPR Part 70 and fblfiUins therequirements ofIdaho's deleption 

### agreement with EPA under Section 112(1) ofthe Clean Air Act PUBLIC HEARING SCHEDULE: Apublic 

### bearins conceminsthis proposed rulemaking will be held 88 follows: September 7,2005, 4 

### p.m. Department ofEoYlnnment.J QoaJIty CoofenmeeCeoter 14flN. 

### BIItoo, Bohe,ldabo. The hearing site(s) will beaccessible to

### persons with disabilities. Requests for accommodation must be made no later than five (5) da}s priorto the hearing. For arrangements, contact the undersigned at(208) 373-0418. DESCRIPI'IVE SUMMARY: This rulemaking is necessary toensure that the Rules for tho Control of

### Air Pollution in Idaho will remain consistent with federal regulations. This proposed rule updates citations to federal regulations incorporated by reference to include those revised as of July 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 ofpublic comments, DEQ intends to present the final proposal to the Board ofEnvironmental Quality in October 2005 for adoption ofa 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 itbroader in scope ormore stringent than federal regulations. IDAHO CODE SECTION 67-5121{I)(e) FISCAL IMPACT STATEMENT: No ncptive impact occurs from this rulemaking; provision is notapplicable.

< 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 bymail, fax ore-mail atthe address below regarding this proposedrule. DEQ will considerallwritten comments received by the undersigned on orbefore September7, 2005.
DATED this 1st day ofJuly, 200S.

Idaho AdmlDlstntive "DeClo ADptt3,2005 • VoL 05-8

# c ( DEPARTMENTOFENVIRONIIENTAL QUALITY Rulu

### foI ",. ContIDI

### 01AIr 

### PoIlfIIIon In Idaho Paula J. 

### Wilson Hearing CoordiDator DepartmentofEnvironmenlal Quality 14IoN. Hilton Boise, Idaho 83706-12SS (208)373-04181FaxNo. (208)373-0481 paula.wilson@decl.idaho.gov

TID FOLLOWING ISTID TEXT OFDOCKETNO. 58-0101-0505
008. DEFINITIONS FORTHE PURPOSES OFSECTIONS

## 3. THROUGH316. 01. Aft'eeted Statel. All States: (S-I-94)
L 

### Whose airquality 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 nerI 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 ifapproved 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 butwhicb bave future-effective compliance dates): (S-I-94)
L Any standard or other requirement provided for in the applicable state implementation plan, including anyrevisioDs to thatplan that are specified in40 CFR Parts S2.670through S2.69O. (S-I-94) b. An] term or condition ofany 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 airpoUutants 

### arc not applicable requirements. (4-S-OO)
Co Any standard orother requirement under42 U.S.C. Section 7411 including 40 CPRPart 60; (S-I-94) d. Any standard orother requirement under 42 U.S.C. Section 7412 including40 CFRPart61 and 40 CFR Part 63; (S-I-94)


### eo Any standard or other requirement oftbe acid rain program under42 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 oftbescrules; (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 andcommercial products and tank vessels. under 42 U.S.C. Sections 7S11b(e) and (f); and (S-I-94) L Any standard orotherrequirement under42 U.S.C. Sections 7671 through 767lqincluding 40 CFR
Idabo Administrative BuBedn 

### P.e341 AIIpIt3,2_

- VoL 05-8

### DEPARTMENT

### OF ENVIRONMENTAL QUALITY 

## Ru_ ". tINt ConttuI

### 01 All'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 bythe 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. DnAPermit. The version ofa 

### TterI operating permit that is made available bythe Department for public participation and affected State review. (5-1-94) 86. 

### EmelpnC)'. For the 

### pwposes ofSection 

### 332, an emergency is any situation arising from sudden and reasonably unforeseeable eveata beyond the control ofthe 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 desipcdequipment, lack: ofpreveatative

### mamten.ance, can:less 

### or improper operation, oroperator

### 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. GeneralPermit. 

### ATterI

### 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 ifthe facility meets any ofthe following criteria: (3-23-98)
L Forhazardous airpollutanta: (3-23-98) i. The**facil~** emits orbas the potential to emit tea (10) tonsperyear (tpy) ormore 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 orgas exploration orproduction 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 thefacility. (5-1-94) ii. The facility emits 

### or has the potential to emit twenty-five 

### (25) tpy or more ofany 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 gaspipeline 

### compressor orpump station shall notbe agreptcdwith 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 ormore ofcarbon monoxide. (5-1-94) iii. The facility islocatcd in an ozone transportregion establishedpursuant to 42 U.S.C. Section 7S IIc and the facility bas the potential to emitfifty (SO) tpy ormore ofvolatile organic compounds. (5-1-94)
Idaho AdmJDlstrattve BuDeda PapJ42 

### A.p.t3, 2085

- VoL 05-8

# ( DEPARTMENTOF

### ENVIRONMENTAL QUALITY Docket

### No. 5U101-0505 RuIM

### for the Confrol

### 01 AIr Pollution In

### IdMo PropoaedRulemalrl",
iv. ne facility is located 

### in an omne nonattaioment area and. depending upon the classification ofthe 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 with42 U.S.C. Section 74111(f)(1) or (2) ifthe area is "marginal" or "moderate", one hunc1re4 (100) tpy ormore, ifthe area is "serious", fifty (50) tpy or

## more. ifthe area is "severe", twenty-five (25) tpyor more, and if

## the 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 

# enPart 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 byrule by the Administrator ofEPA pursuantto 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. PermitRevisloa. Any permit modification, administrative amendment or reopening. (3-19-99) 13. PIa

... D Soarce. A source that is subjectto emissions reduction requirements of42U.S.C. Section 7651 duough 76510 and shall have the meaning given to itpursuant to those sections. (5-1-94) 14. PIa

... D Valt. A unit that is subject to emissions reduction requirements of42 U.S.C. Sections 

# ( 7651 duoagh 76510 and the term shall have the meaning given to itpursaantto thosesectioDl. (5-1-94) 

# ­ 15. Proposed Permit. The version ofa 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 orcontravene federally enforceable permit terms and conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements. (3-19-99) 17. 11erI OperadalPermit. Any permitcovering a TierI source that is issued, renewed, amended, or revised pursuantto SectiODl 300 through 386. (3-19-99) 

### (BREAKIN CONTINUITYOF

### SECTlONS)
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 ofthe state or ofthe 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.atJ, 1005- VoL 

## os.a

## ( DEPARTIIENTOFENVIRONMENTAL QUAUTV DocketNo. 

### SUf01..oa Rula

### for",. ConIroI 01 

### AirPoIIuflon 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 ofImplementation 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 ofAir Pollution in the State ofIdaho (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, IdentificationofIntegral Vistas, Subsection a, 40 CPR Part 51.304(a), revised as ofJuly I, 2004.1.**~** e. Approval and Promulgation ofImplementation Plans, 40 CPR Part 52, revised as ofJuly 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 (psDAirMonitoring), 40 CPR Part 58, Appendix B. revised as ofJuly I,2004.1.**~** Standards ofPerformance forNew 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 ofJuly 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 CPRPart 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.**~** D. Protection ofStratospheric Ozone, 40 CFR. 

### Part 82, revised as ofJuly 1, 2O«U.1.**~** 0. Clean Air Act, 42 U.S.C. Sections 7401 through 7671 1 (1997). (3-19-99) p. 

### Determining Conformity ofFederal Actions to State or Federal ImplementatiOll Plans: Conformity to State or Federal Implementation Plans ofTransportation Plans, Programs and t-rojects Developed, Funded or
Idaho AdministrativeBaBetta PageJ44 Auplt 3,1005

- VoL 05-8

# c DEPARTIIENTOF

### ENVIRONMENTAL QUALITY Rulaa 

### twthe Control

### 01 All'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 ofJuly 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.**~** 

### (BREAKIN CONTINUITY

### OF SEC11ONS)
201. PROCEDURES AND REQUIREMENTS FOR PERMITS 10CONSTRUCf. The purposes ofSections 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 ofJuly 

### 1,2004"-. These CFIt sections have been codified 

### in the electronic CPR which is available at www.gpoaccess.gov/ecft.**~** 

### (BREAKIN CONTINUITYOF 

### SECTIONS)
204. PERMIT REQUIREMENTS FORNEW MAJOR FACILITIES ORMAJOR MODIFICATIONS IN NONATTAINMENT AREAS. New majorfacilities ormajormodifications 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 ofSection 204 is to incorporate the federal nonattainmentNSR rule requirements. (4-6-0S) 01. Incorporated Federal Program Requ1remeutl. Requirements contained in the following subparts of 40 CFR. Sl.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 thatAdlieve an Emission Umltatlon Comparableto lAER 40 CFR 52.21 (z)(1)
- (3) and (6) PCP Exduslon Procedural Requirements

02. Addltloual Requ1remeutl. lbe applicant must demonstrate to the satisfaction ofthe 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

### DEPARTJIENTOFENVIRONMENTAL QUALITY Docket

### No. 

### 51-0101

.... RuINlot' ",. Conltol

### 01 All'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 airpollutant; 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 airpollutant. (4-5-00) b. Requiredoffsets. Allowable emissions nom the new majorfacility ormajor 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 airquality benefit which 

### satisfies the requirements of Section 208. Ifthe 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 ormajormodification 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 ofany federal Class I 

## area. Cass I 

### area designated by the Department, or intqpal vista ofa mandatoI)' federal Class I

## area. bythe 

### new majorfacility ormajor modification is consistent with making reasonable progresstoward remedying existing andpreventing future visibility impairment. Any integral vista which the Federal Land Manager has notidentified at least six (6) months priorto the submittal of a complete application., or which the Department.determines was not identified in accordance with the criteria



# - adoptedpumuant to 40 CF:R. Part 51.304(a), may be exempted

# nom Section 204 bythe Department. (4-6-0S) 03. NonmaJor Requlrementl. If the proposed action meets the requirements of an exemption or exclusion undertheprovisions of40 CF:R. 51.165 or40 CF:R. 52.21 incorporated inSection 204, the nonma)or facility or stationary sourcepermitting requirements ofSections 200 through 228 apply, including the exemptions m Sections 220through 223. (4-6-0S) 2G5. PU.MIT REQUIREMENTS FOR NEWMAJOR FACILITIES ORMAJORMODDICATIONS IN AlTAINMENTOR 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 airpollutant. 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 of40 CPR 52.21, revised as ofJuly I,**200.;~** 

### are hereby incorporated by reference. These CF:R. sections bave been codified inthe electronic CF:R.which is available atwww.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 ofMajor StatIonary Sourcea and Major Modiflcatlon8 • SourceApplicability and ExemptIng 40 CFR 52.210) Control Technology Review 40 CFR 52.21 (k) Source 

### IITJIIId Analysis

IdahoAdmlDllmtt\'e BuUeda Au

.... It2005

- Vol

## os.a

### DEPARTJlENTOFENVIRONMENTAL QUALITY Rules ,. the ConfroI01 All' 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 thatAchieve 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 IDeorporatioDbyReferenee of41 CFR52.21. Every use oftbe word Administrator in40 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. In40 CPR S2.21(l)(2), 

### air quality models, Administrator

### means the EPA Administrator. (4-6-0S)
Co In40 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, Administratormeans 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 of40 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)
(BREAKIN CONTINUITY

### OFSECnONS) 

### 119. PROCEDURE FORISSUING 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 oroperator

# shan either: (S-l-94)

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

### BuDedD Page347 A

.....t 3, 2005

- VoL 05-8

# - DEPARTMENTOF

### ENVIRONMENTAL QIJALJTf Rules

## trw tIHf ConftaIof

## ArPollution 

### 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 permitto 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 orconditioDl 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) ofTide I ofthe 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 apermitto construct and SectioDl 300 through 386 for a Tier Ioperating penmt, orTier 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 proposedpermit to constructor 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 operatingpermitmodification. (4-5-00) iv. Except as otherwise provided by these rules, theDepartmentshallprepare and 

### issue to theowner 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 permitto constructwill be senttoEPA, along with the proposedTierI 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 afterpermit to construct issuance so long 

### as it does not violate any terms or conditiODl ofthe existing Tier I operatingpermit andcomplies with Subsection 380.02; or (4-S-OO)
Co Submit all infonnation re<JUim! by SectiODl 200 through 219 for apermit to construct and SectioD8 300through 381 for 

### a Tier I operating penmt, or liefIoperatins permitmodification, in which case: (4-5-00)

ldaboAdministrativeBuleda P

..e348 Aupst3, 2005 • VoL 05-8

### DEPARTIIENTOF

### ENVIRONMENTAL QUALITY 

### Ru1e8 for the ConttaIofAirPollution 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 ofSections 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 30an 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 ordenial 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 ifthe 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 inaccord8nce with Section 366. (4-5-00)
v. Except

### as otherwise provided bythese 

### rules. the Department shallprepare andissue tothe owner

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

### owner or operator may construct the source afterpermit to construct issuance orin 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 ofthe request for an administrative amendment. (4-5-00)

# (~ 

# ­

IdahoAdministrative BuDed. 

### Pile34' Augut3, 2005

- Vol. 05-8 

# -

# c LIST OF PUBLIC COMMENTS Proposed Rules forthe Control ofAir 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 ofthe 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 October21, 2005, EPA filed a notice ofreconsideration regarding the CAMR. Consideration by the Board 

### ofth.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. 

# -

-

## RECEIVED 

# Legislative Services Office JUL 282005 (' 

# Idaho State Legislature 

# - OffIce of the Attorney General I

### peg 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 

### ofAir Pollution In IdaholDefina "Regulated Air Pollutant' (Docket #68-0101-0503) 58.01.01 Rula for Control 

### ofAir Pollution In IdaholUpdates Citations to Federal Regulations (Docket #68-0101-0606)

. 58.01.01 Rula for Control 

### ofAir Pollution In IdaholProvlda Consistency between MaJor 

### & MinorAir 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 JeffYoutz, Supervisor 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 Boise, 10 83120-0054 Office of the General 

### 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 EnviromnentCommittee and tho 

## House Environment, Energy andTechnology 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-LandApplication PermitRules
1. IDAPA 58.01.01

- Rules for the Control ofAir

## Pollution in

## Idaho The Department 

## ofEnvironmental Quality 

## submits notice of proposedrulemaldng 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 

## anumber ofrequirements stemming 

## from legislation passed during the 

## 2005 legislative 

## session. Specifically, tho 

## Departmentnotes that 

## HB 230 and 

# sa 1228 require the 

## Department to 

## adoptrules defining the term "regulated airpollutant" as it applies to 

## various Clean Air

## Actpermit to 

## construct and 

## operating permitprograms 

## and to 

## adopt rules that are consistentwith 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 ofairpollution may be interested in commenting onthe proposed rule and

Mike NUI'Dt, Supe"iIor JeffYoutz, 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 interestgroups, 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 orregulations. 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 ofJuly 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 

## itbroader in

## scope or more stringent than 

## federal law or regulations.
3. IOAPA 58.01.01

- Rules forthe Control 

## ofAir

## Pollution in 

## Idaho 

# ­ The**Departm~t** 

## ofEnvironmental Quality submits notice'ofproposedrulemaking at 

## IDAPA 58.01.01 •Rules for the 

## Control ofAir

## Pollution in Idaho. According to 

## the Department, negotiatedrulemaldng was 

## conducted in developing the rule. The Department states thatlast

## yearitrevised its majorpermitting program due to 

## changes in federal law and this particularrule change will revise 

## a numberofdefinitions to 

## provide consistency between the major and minor air 

## qualitypermitting programs as well as add two new subsections allowing 

## for the 

## transfer ofpermitto 

## construct and TierII 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 inthe 

## regulation ofair

## emissions from sources in Idaho may wish to 

## submit comments. The 

## proposedrule 

# 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, noris itbroader in 

### scope 

## ormore stringentthan 

## federal law orregulations. 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 ManagementAct. The Department continues 

## thatIdaho 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 necasaryto 

### maintain 

## program. primacy. 

## The 

## Department adds that

## adoption by

## reference allows itto 

## 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 proposedrule 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 

## itto 

### adopt 

## amendments 

## to 

## federal law 

## as proposed. The 

## Department confirms that 

## the 

## rule does 

## notreauJ.ate aD 

## activity 

## not regulated by

## the federal government, nor is 

## itbroader in scope 

## or more stringent

## than federal law orregulations. 

# s. IDAPA 58.01.13 •

# Rules for Ore 

## Prpcessina By 

## CyanidAtion The 

## Department submits 

## notice ofatemporary 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 sessionrelating 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 theproposed rule. Theproposed rule 

## appears to 

## be 

## authorizedby Chapter 

## 1, Title 

## 39, Idaho 

## Code. The Department .tates thatthe raJe makes nMsioDl to 

## a current emtmlrule thatregulatea an activity not replated by 

## the fedenilovenament. However, theLegIslature directed the DepartmeDt to prolDulgate teJDporary 

## raJato 

## aplemeDt the promioDl by 

## Aupst 

## 1, 2OGS, aDd, CODsequeDtly, the 

## DepartJDeDthu 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

## andtemporary 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 initiatedto 

## modifY and 

## clarify existing water

## quality 

## limits and 

## otherrequirements 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 ithas determined that 

## the existing water

## quality 

## limits and otherrequirements for Class A and 

## Class 

## Breclaimed wastewater 

## may be too 

## strict. The 

## name ofthe rules is 

## being changedto reflect 

## the desire ofthe 

## Department and stakeholders to go

## beyondjust land 

## application ofwastewater inthe field of

## reuse, land application being 

## a 

## subsetofthe broader scope ofreclaimed 

## wastewater

## reuse. A number ofother ''housecleaning'' chanaes have been made. The Departmentnotes 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 proposedrule appears 

## to be authorized by

## Chapter 1, 

## Title 39, 

## Idaho Code. 

## The DepartmeDt indicates thatthe rule replates aD aetivity Dot regulated 

## by the federal ..4. 

## govenuDent aDd 

## lett forth withiD its 

## Node. ofRalemalriDg requbite addldoDai informadoD punuaatto the provilioDl ofSublectiODl (3) 

## aDd (4) ofSecdoD39-107D,·ldaho Code, for review by 

## the committee&. TheDepartDaentltatea 

## that the requirements let

## forth in the propoaed rule are b-.tUPOD studies aDd aulysil 

## coDdueted by

## other ltates, the U.S. EDviroDlDentai ProteetioD Agency, aDd Dadonalwaterreuse orpllizadoDI thatindicate the requiremeDts areprotective ofhumaD 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 beincluded in the rulemaIdDl record aDd caD 

### be 

### reviewed 

## during thepubUc COlDIDeDt period for further detaDed iDformatioD reprdiDlrisk. 

## 7. 

## IDAPA 51.01.17

- Wastewater-LandAp,plication

# Pennit Rules 

## The Department ofEnviromnental Quality submits notice ofproposedrulemaking at 

## IDAPA 

## 51.01.17

- Wastewater-Land Application Permit Rules. The 

## Departmentnotes 

## that aNotice 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 permitrules do

## not currently require the Department to 

## provide public notice or an

## opportunity forpublic comment during the wastewater 

## land applicationpermitting

## process, although the Department has been 

## doing 

## so. The purpose ofthe rule is to set 

## out the public participationprovisions for the permitting process and 

# ,­ Page 4 

## of S

# c.."" to 

### revise the permitting 

## schedule to 

## allow the 

## director 60 days after

## issuance of

## a 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

## orderto 

### 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 

## Sectionprovides, in 

## part, that 

## "any rule formulated and 

## recommended by

### the 

## department to 

## the board which is 

## broader in 

## scope ormore stringent 

## than

. federal law 

## or regulations, or proposes to 

## regulate an activity 

## notregulated by the federal government
.." is subjectto 

### certain 

## additional requirements specifically set 

## forth withinthe 

## 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 stringentthan 

## federal law orregulations. C-. 2) 

### The 

## Department also asserts 

### that the 

## proposed rule changes the 

## public participation provisions in 

## an existingprogram authorized by 

## the Idaho Legislature and 

## does notpropose to 

## expandaregulatory program to 

## an area or activity not regulated by 

## the federal 

## government The 

## Departmentclarifies, however, that 

## eventhough the 

## rule simply changes the 

## public participation provisions in an 

## existingprogram and 

## does not expand regulation to 

## a new activity, the 

## existingprogramdoes regulate activities notregulated by the 

## federal government. The 

## Department adds that the 

## Wastewater-Land Application PermitRules 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 

## standardsrelating to 

### human 

## health orthe environment, 

## but simply public participation provisions. The 

## committees may 

## considerthat 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

## ofourmemo 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• .1 

# • ..N-IN IICMITIIII POR PUr).IC H.*RING 

# ."" Rules 

### for

### the

### Control ofAir

### 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, 

# No Nfl**r.i.~.:~** 

# -­ ,**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: September7, 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 of

## Air 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 

## notwish 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 

## 7 tlt 

## day ofSeptember, 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 to40 CFR Part 70 and fulfilling the requirements ofIdaho's delegation agreement with EPA 

### under Section H20) ofthe 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 apublic commentdead.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 ofJuly 

### I, 2005, which includes the final rule for Standards ofPerformance for New and Existing Stationary Sources: Electric**Utili~** Steam Generatins Units. 70 Fed. Reg. 51,267 (May 18,2005) (codified at40CPRPart 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 ofpublic comments, DEQ intends to present the final proposal to the Board ofEnvironmental Quality in November 2005 for adoption ofa 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 ore-mail at the address below regarding this proposed rule. DEQ wiJl consider allwritten comments received by the undersigned on orbefore October 26, 2005.
DATED this 2nd day ofSeptember. 2005.

PaulaJ. Wilson Hearing Coordill8tor Department ofEnvironmental Quality 1410N. Hilton Boise. Idaho 

### 83706-1255 (208)373-04181Fax No. (208)373-0481 paula.wilson@deq.idaho.gov

Idabo AdministrativeBulletia 

### P.p703 October 5, 2005

- VoL 05-10 

### -.

### State ofIdaho 

## 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 ofAir Pollution in Idaho are hereby adopted as pending rules as presented in the attached Final Proposal.

STATE OF IDAHO County ofAda On this 17 th 

### 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 ofAir 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 DirectorApproval of ProposedlTemporary Rule Docket



# - ( .. 

## Board Adoption ofTemporary Rule 

# 4 4-
Legal Review of PendingfTemporary Rule Docket

# ~( 

# DhLoj 

# M Director Approval of Pending(temporary Rule Docket
Board Adoption of PendingfTemporary Rule

# r**~ ~**  IPi.

# -~-.oe-ke-:t Number: 58-0101..Q5Q5· 

## .a--.... , Public Notice Effective D.te: 

## 2006 Sine die Negotiated Rule Making: ( 

## 1Yes (X]No Rules Title: 

### Rules 

## for the Control ofAir 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 ofAir 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 ofJuly 

### 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 ofthe CAMR has been postponed eo.tlmpact 

### pending final decision on reconsideration ofthe rule by EPA. Section 

### 107 has 

### been revised Agency: 

### None anticipated. with 

### the addition ofSubsection 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 

### thefinal proposal, as a pending rule with a final effective 

### date coinciding With the adjournment 

### sine die 

### ofthe 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



### IdahoCode 

## 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 orwelfare 

### [ ) 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 

### forthe PUrpoHS of 

### Sections 300through 

### 386. IncorporatJona by Reference.

Procedu

.... and Requll'8l'll8ldll for 

### PennIbI 

### to Construct.
PennJt Requirements for New 

### Major 

### FacIIItIea or Major Modifications In NondalnmentAreas. 

### 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 ofJuly 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 ofJuly 1, 2005. Updates 

### citations to federal regulations Incorporated by reference to include 

### those revised 

## as ofJuly 1, 2005. Updates 

### citations to federal regulations incorporated 

### by 

### reference to include 

### those revised as ofJuly 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

### ofPerformance 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 ofthe Idaho Board of Environmental Quality

Agenda Item #13
Rules for the Control ofAir Pollution in Idaho. Docket No. 58-0101-0505

I move thatthe 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 

### ofthe Second Regular Session ofthe 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 Isauthorized by Sections 39-105

### and 39-107, Idaho

### Code. This rulemaking updates citations to the federal regulations incorporated by reference as mandated bythe U.S. Environmental Protection Agency (EPA) for approval 

### ofthe state's TitleV Operating Permit Program pursuantto40

### CFR Part 70

### and fulfilling the requirements of Idaho's delegation agreement with EPA underSection 112(0 of

### the Clean Air 

### Act DESCRIPTIVE SUMMARY: A detailed summary ofthe reasons forcommencing 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. 

### EPAfiled a notice of reconsideration on October21, 2005 

### regarding the final rule for Standards of Performance for Newand Existing StationarySources: Electric UtilitySteam 

### Generating Units, 70 

### Fed. Reg. 28,606 

### (May 18. 2005) 

### (Clean Air Mercury Rule (CAMR». Consideration bythe Board of

### the CAMR has been 

### postponed pending final decision on reconsideration ofthe rule by EPA. Section 107 

### has been revised with the addition ofSubsection 107.03.q.,

### which expresslyexcludes the CAMR 

### from incorporation by reference into IDAPA 58.01.01, 

### Rules for the Control ofAir Pollution in Idaho, The CAMR will be addressed under a new docket pursuant to a public negotiated rulemaking. The remainder 

### ofthe 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 bythe 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 impacloccursfrom this rulemaking; provision is 

### not applicable. GENERAL INFORMAnON: For more information about DEQ's programs and activities, visit DEQ'sweb site 

### atwww.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.govDocket 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 ofthe state or ofthe 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 83720-005I, (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 ofImplementation Plans; Appendix W to Part 

### SI--Guideline on Air Quality Models. 40 CPR Parts 

### S1 and 52 revised as ofJuly I,**2004~. ~**  b. Implementation Plan for the Control ofAir Pollution in the State ofIdaho (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 ofIntegral Vistas, Subsection 

### a, 40 CPR Part 51.304(a), revised as ofJuly I,**2004~. ~**  e. Approval and Promulgation ofImplementation Plans, 40 CPR Part 52, revised as ofJuly 1,**2004~. ~**  f. Ambient Air Monitoring Reference and Equivalent Methods, 40 CFR Part 53, revised as ofJuly I,**2004~. ~**  g. Ambient Air Quality Surveillance, Quality Assurance Requirements for Prevention of Significant Deterioration (pSD AirMonitoring), 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 ofJuly I,**2004~. ~** 


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

­ revised as ofJuly 1,**2004~. ~**  k. Compliance Assurance Monitoring, 40 CFR Part 64, revised as ofJuly 1,**2004~. ~**  I. Permits, 40 CFR Part 72, revised as ofJuly 1,**2004~. ~** 
m. Sulfur Dioxide Allowance System, 40 CFR Part 73, revised as ofJuly I,**2004~. ~** 
n. Protection ofStratospheric Ozone, 40 CFR Part 82, revised as ofJuly 1,**2004~. ~**  o. Clean Air Act, 42 U.S.C. Sections 7401 through 7671g (1997). (3-19-99) p. Determining Conformity ofFederal 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 ofJuly 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