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Reply To

Attn Of: AWT-107

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 10

1200 Sixth Avenue

Seattle, WA 98101

July 1, 2009

Ms. Paula J. Wilson

Hearing Coordinator

Idaho Dept. of Environmental Quality

1410 North Hilton St

Boise, ID 83706-1255

RE: Docket No. 58-0101-0902

Dear Ms. Wilson:

Please accept these comments on the proposed rulemaking, Docket 58-0101-0902, Rules for the

Control of Air Pollution in Idaho, for fuel burning sources, that limit the amount of sulfur

allowed in residual fuel oil, distillate fuel oil, and coal (IDAPA 58.01.01.725).

The proposed revisions allow industries flexibility to use fuels which do not meet the specified

fuel sulfur limitations provided they can demonstrate that sulfur dioxide emissions are equal to,

or less than, those resulting from the combustion of fuels complying with the limitations.

However, the rule revisions do not include criteria for making any such demonstration.

To make a demonstration of equivalent emissions for compliance with this rule revision it is

important to specify both the metric and averaging time that must be used. We believe such a

demonstration would need to compare the hourly average emissions from different fuels at the

rated capacity of the emissions unit, as determined from a standard stack test and/or continuous

emissions monitor. This would be necessary to ensure protection of the short term S02

standards and ensure that the rule revision does not result in a relaxation of the current SIP.

It is also important to note that this rule revision alone would not allow IDEQ to relax any

existing permit limits or conditions without also ensuring compliance with existing permit rules.

Furthermore, any modification required for a facility to combust higher sulfur fuels, even

without increasing allowable emissions, may be subject to new source review rules.

If you would like to discuss these comments further please call me at 503-326-6832.

Sincerely,

Daniel J. drown

State and Tribal Air Program Unit

EPA Region 10

cc: Mike Edwards, Robert Wilkosz, Martin Bauer, IDEQ

Donna Deneen, Dave Bray, EPA
IDAPA 58 - DEPARTMENT OF ENVIRONMENTAL QUALITY

58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO

DOCKET NO. 58-0101-0902

NOTICE OF RULEMAKING - PROPOSED RULE

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

initiated proposed rulemaking. This action is authorized by Sections 39-105 and 39-107, Idaho Code.

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

TUESDAY - AUGUST 4, 2009 - 3:30 p.m.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Conference Room B

1410 N. Hilton, Boise, Idaho

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

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

DESCRIPTIVE SUMMARY: The Rules for the Control of Air Pollution in Idaho limit, for fuel burning sources, the

amount of sulfur allowed in residual fuel oil, distillate fuel oil, and coal. This limits the flexibility of industries to use

less expensive alternative fuels with higher sulfur contents. DEQ has initiated this rulemaking to allow industries a

less expensive alternative to current fuels with no additional environmental impact. The revisions included in this

proposed rule allow for higher sulfur content fuels to be used in fuel burning equipment in Idaho as long as the

resulting emissions are at levels equal to or lower than those provided for in the existing rules.

Members of the regulated community who may be subject to Idaho's air quality rules, as well as special interest

groups, public officials, or members of the public who have an interest in the regulation of air emissions from sources

in Idaho, may be interested in commenting on this proposed rule. The proposed rule text is in legislative format.

Language the agency proposes to add is underlined. It is this addition to which public comment should be addressed.

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

Environmental Quality at the October 2009 Board meeting for adoption as a pending rule. The rule is expected to be

final and effective upon the adjournment of the 2010 legislative session if adopted by the Board and approved by the

Legislature.

NEGOTIATED RULEMAKING: The text of the proposed rule has been drafted based on discussions held and

concerns raised during negotiations conducted pursuant to Idaho Code Section 67-5220 and IDAPA 58.01.23.810-

815. On April 1, 2009, the Notice of Negotiated Rulemaking was published in the Idaho Administrative Bulletin, Vol.

09-4, page 40. On April 15, 2009, a preliminary draft negotiated rule was made available for public review. One

meeting was held on April 14, 2009. Members of the public participated in this negotiated rulemaking process by

attending the meeting and by submitting written comments.

IDAHO CODE SECTION 39-107D STATEMENT: This proposed rule does not regulate an activity not regulated

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

FEE SUMMARY: The following is a specific description of the fee or charge imposed or increased: None.

FISCAL IMPACT STATEMENT: The following is a specific description, if applicable, of any negative fiscal

impact on the state general fund greater than ten thousand dollars ($10,000) during the fiscal year: Not applicable.

ASSISTANCE ON TECHNICAL QUESTIONS AND SUBMISSION OF WRITTEN COMMENTS: For

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

martin.bauer@deq. 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 August 4, 2009.

Idaho Administrative Bulletin Page 128 July 1, 2009 - Vol. 09-7