STATE OF IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY 

# -­

1410 North Hilton' Boise. Idaho 83706-1255' (208) 373-0502 Dirk KempthOrne. Governor Toni Hardesty. Director



## MAY 1:' 7006 May 5.2006

Michael Bogert, Regional Administrator U.S. EPA, Region 

### 10 1200 Sixth Avenue Seattle, WA 

### 98101 Re: State Implementation Plan Rule Revisions : 

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Dear Mr. Bogert: Enclosed for your review and approval are an original and four copies 

### of revisior:ls to

### the Department 

### of Environmental Quality's (DEQ) Rules for the 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 Plin (SIP). 40 CFR. Part 52, Subpart N: IDAPA Docket 58-0101-0503
- Regulated Air Pollutants

Please note that the mvision made to SUbsection 006.SS.b

- Definition 

### ofModification, which refers to "state onlytoxic airfX)lIutant, • is 

## notto be includedin the Idaho SIP. The revision 

### to this subsection is Includedin this submittalonlyforEPA's infofmation in approving changes 

### to the mmalnderof Section 006.55. IDAPA Docket 58-0101-0505-Annual Incorporation by Reference (2005) IDAPA Docket 58-0101-0506
- Baseline Actual Emissions, and Procedure for Transfer

### of PTC and ller II Permits IDAPA Docket 58-0101-0507
- PTC Exemptions IDAPA Docket 58-0101-0508
- Facility Emissions Cap These revisions 

### to the state rules were promulgated pursuant to the Environmental Protedion and Health Ad. Idaho Code, Sections 

### 39-101 through 

### 39-130. Review and approval by a DEQ Deputy Attorney General was obtained 

### at appropriate times throughoutthe rulemaking process. Rule adoption was made in accordance with the requirements 

### ofthefederal Clean Air Ad and applicable federal regulations. None ofthe revisions included in this submittal 

### refled a redudion in emission limits. As a follow-up to previous submittals, DEQforwarded the following rule changes to EPA on May 22. 2003 andApril 2. 2004 for indusion in the Idaho SIP. We understand these documents will

### Michael Bogert, U.S. EPA May5,2006 Page 2 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) HospitallMedicalllnfectious Waste Incinerators. and (b) Annual Incorporation by Reference (2001) Docket 58-0101-0002
- Nonmetallic Mineral Processing Docket 58-0101-0202
- (a) Pennitting Clarification, and (b) Annual Incorporation by Reference (2002) Docket 58-0101-0301- Annual Incorporation by Reference (2003) Docket 58-0101-0304
- New Source Review Docket 58-0101-0401
- Pennit to Construct Exemptions Docket 58-0101-0402
- Annuallncorpomtion by Reference (2004) 

### Ifyou or your staff have questions concerning any ofthese rules, please contact Martin Bauer, Air Quality Division Administrator, at 208-37J..0440. Mr. Bauer and his staffare available to provide assistance to ensure Idahds 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 Kempthome, Governor Toni Hardesty. Director



### AMENDMENT TO THE RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO

Pursuant to the Environmental Protection and Health Act, Idaho Code 39-101 through 39-130, I hereby submit amendments to the Rules for the Control of

### Air Pollution in Idaho (Air Rules), IDAPA 58.01.01 as edited in the attachments, as a revision to AppendixA.3 ofthe t 

### 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 

## 5& • DEPARTMENT OF ENVIRONMENTAL QUALITY 51.01.01 • RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO 

### DOCKET NO. 5I-G101

... NOTICE OF INTENT TO PROMULGATE RULES· NEGOTIATED RULE

AUTHORITY: In 

### compliaDce with Sections 67-S220(1) and 

### 67-S22O(2),1dabo Code.lDd mAPA s8.Oi.23, "Rules ofAdministrative

### Proc:edure Before 

### die BoardofEnviromneotal Quality," Sections 810 

### tlJmuab 815, 

### ootic:e is hereby 

### given that this 

### aaency intends to**~pte** 

### a rule and 

### deai:n:a pUblicparticipation 

### before publisbiq

### aproposed rule. 

### This rulemakina action is authorized by 

### Sections 

### 39-105 IDd 3t.-107, IdaIlo 

### Code. 

### MEETING SCHEDULE: Thole 

### interested in participating in the 

### neaotiated rulemaki.ng process 

### are encouraged to 

### atteDd the 

### following meetings. Additional meetings may be 

### schedUled if 

### oecessary. For infonnatiOll n:pr:ding additiooaJ meeting, contact P6yllis Heitman at (208) 313-0256 orpbeitman@deq.idabo.gov.

. 

### Ma,le,2185, 

### 1:31 p
... fa

### 3:31**~~** Depu1aleatofE.¥Ire

...... QuIlty,CoDlenace Roem C 1411 N.1IUtoa, Bolle,**J~o** 

### DESCRIP11VE SUMMARY: 

### House Bill 230 and Senate 

### Bill 1228 the 

### DepartmeDt of Environmental Quality (DBQ) to adopt 

### rules that define the term "regulated air 

### pollutaDt 88 

### it applies to 

### various Clean Air Act (CAA) pennitto CODStruct 

### aDd operatins pennit

### prosm:ms. 

### In addition. tbeIebills require 

### DBQ to adopt

### rules that 

### are CODSisteDt 

### with the 

### CAA and its implementing regulations in regard to the permit 

### applicability treatment offugitive emiJsiODs. 

### R.evisiODl 

# to the 

### R.ules for the 

### COIltrol of Air PoDution in Idaho wiD clarify 

### certain rule 

### sectioOl 

### ao.d permit requimnen1s to ensure consistency

### with 

### federal. CAA requimnena 

### The text 

### ofthe 

### rule wiD be developed by 

### DBQ in conjurwtion with a negotiating committee made 

### up of

### persons 

## havin& an interest

### in the 

### developmentof

### tIiis rule. All major

### ao.d non-major

### souroes ofairpoDution may be interested in participating in this 

### Special interest groups, public: 

### officials, or members ofthe 

### tJUblic who have an . interestin the regulation 

### ofair

### enussions from 8OUI'CC8 

### in 

### Idliho may also wish to 

### participate in this 

### rutemaking. Upon

### conc:tuaion ofnegotiatioa:s; DBQ intends to 

### publish a

### PI'OPOlIed rule for public comment 

### in the July

### 2005 issue 

### orthe Idaho 

### Administrative Bulletin and then present the 

### ffnafpropoaal to the Board 

### of

### BnvironmentaI Quality 

### for adoption 

### ofapending

### rulein October200S. 

### 1'hcIpending rule

### willbepublished in the January**~006** 

### issue orthe

### Idaho AdmiDistrative Bulletin and 

### will be reviewed bythe 

### 2006 Idaho Legislature. PRELDIINARY DRAFI': A preliminary 

### draft of the 

### rule can be obtained at 

### www.deq.idabo.gov/ruleslairl 58_0101_OS03 

### _negotiatcd.cfin orby

### contacting Phyllis

### Heitman It 

### (208) 

### 373-0256 orpheitman@deq.idaho.gov. GENERAL INFORMATION: 

### For more 

### informatiOll about DBQ's propams 

### aDd actiVities, 

### visitDBQ's web site at www.deq.idaho.gov.

. ASSISTANCE ON 

### TECHNICAL QUESTIONS 

### AND SUBMlS810N 

### O:F WRITrEN 

### COMMENTS: For assistance on questions concerning the 

### negotiated rulemaking, contact Martin Bauer at 

### (208) 313-0440 or m.bauer@deq.idibo.gov. 

### AnfODe may submit 

### written comments during this 

### negotiated rulemaking by mail, 

### fax ore-mail It

### the 

### address below. 

### Wntten comments on the preliminarydnA

### mustbe receivedby 

### May 25, 

### 2005. For infonnatioo reganUng submisaioo of

### written comments 

### OIl subtequent 

### drafta ofthe negotiated 

### rule, 

### ao.d to 

### receive the most recent 

### venion ofthe draft negotiated 

### rule, contactPhylliaHeitman at

### (208) 

### 373-02S6 orpheitman@deq.idaho.gov.

.
Dated this 

### 4th day ofApril, 

### 200S.

ldalao Admlllfltrative BaW. 

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## pouunon, permIt

## reqwrements Page lof4 

# ElOUSE BILL NO. 230 liew

## Bill Status**~Bill** 

## Text \ 3tatement ofPw:pose 1

## Fiscal 

## Impact 

# rextto be added within abill has 

## been marked with Bold and Underline. Textto be removed has 

## been marked with 

## ;trikethrough and Italic. Howthese codes are actually displayed will 

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# Bill Status

10230 ••.•••.•.••••...•..•.••...•..•••••••.•.•.••.•••.•.••.• by STATE AFFAIRS**~IR** 

### POLLUTION

- Amends existing law to clarify that certain air quality :ules and permit requirements can be no more stringent than those provided )y the federal government. )2/16 House intro

- 1st rdg

- to printing )2/17 Rpt prt

- to Env )2/25 Rpt out

- rec dip

- to 2nd rdg )2/28 2nd rdg

- to 3rd rdg )3/04 3rd rdg

- PASSED

- 53-13-4 AYES

-- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Bradford, Cannon, 

## r- Chadderdon, Clark, Collins, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henderson, Jones, Kemp, Lake, Mathews, McGeachin, McKague, Miller, Moyle, Nielsen, Nonini, Raybould, Ring, Roberts, Rydalch, Sali, Shepherd(2), Shepherd(S), Shirley, Skippen, Sm!th(24), Smylie, Snodgrass, Stevenson, Wills, Wood NAYS

-- Boe, Henbest, Jaquet, LeFavour, Martinez, Mitchell, Pasley-Stuart, Pence, Ringo, Rusche, Sayler, Smith(30), Trail Absent and excused

-- Crow, Loertscher, Schaefer, Mr. Speaker Floor Sponsor

- Edmunson Title apvd

- to Senate )3/07 Senate intro

- 1st rdg

- to Health/WeI )3/18 Rpt out

- rec dip

- to 2nd rdg )3/21 2nd rdg

- to 3rd rdg )3/31 3rd rdg

- PASSED

- 25-9-1 AYES

-- Andreason, Brandt, Broadsword, Bunderson, Burtenshaw, Cameron, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Keough, Little, Lodge, McGee, McKenzie, Richardson, Stegner, Sweet, Williams NAYS

-- Burkett, Coiner, Kelly, Langhorst, Malepeai, Marley, Schroeder, Stennett, Werk Absent and excused

-- Pearce Floor Sponsor

- McGee Title apvd

- to House )3/31 To enrol

- Rpt enrol

- Sp signed )4/01 Pres signed )4/04 To Governor )4t.=: 

### Governor signed Session Law Chapter 292 Effective: 07/01/05


### lttp:l/www3.state.id.usloasisIH0230.html 

### 04/1112005

I

## lOUSE BILL NO. 230

- Air pollution, permitrequirements Page 2 of4 

# [Jill 

# Text

]1]] 

### LEGISLATURE OF THE STATE OF IDAHO 1]]1 

### Fifty-eighth Legislature First Regular Session

- 2005

IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 230 BY STATE AFFAIRS COMMITTEE 1 2 3 4 5 6 AN ACT RELATING TO AIR QUALITY; PROVIDING A STATEMENT OF LEGISLATIVE INTENT; AMENDING SECTION 39-115, IDAHO CODE, TO REVISE PERMIT REQUIREMENTS FOR ANY MAJOR OR MINOR AIR POLLUTION SOURCE IN IDAHO, TO PROVIDE RULES, TO PROVIDE STRINGENCY, TO DEFINE TERMS AND TO PROVIDE APPLICATION TO FUGITIVE EMISSIONS. 7 Be It Enacted by the Legislature of the State of Idaho: 8 9 

### 10 11 

### 12 13 14 15 16 

### 17 18 19 SECTION 1. STATEMENT OF LEGISLATIVE INTENT. The definition of "regulated air pollutant" for purposes of determining whether permit to construct or permit to operate requirements apply, was intended to comply with but not exceed federal clean air act requirements. The Legislature intends that the Department of Environmental Quality uniformly apply Idaho law in an effort to conform with but not differ from federal definitions of regulated air**pollut~nts.** 

### Nevertheless, the United States District Court for Idaho has applied portions of rules of the Department of Environmental Quality for air pollution in a manner which substantially exceeds federal requirements. This act is meant to clarify that Idaho law in this regard has always been intended to comply with but not exceed federal law and should not be construed as a change in the law, but rather a clarification of what the existing law has consistently meant. 

## -.

20 21 SECTION 2. That Section amended to read. as follows: 39-115, Idaho Code, be, and the same is hereby

22 23 24 25 26 27 28 

### 29 30 31 32 33 34 

### 35 36 37 38 

### 39 40 41 

### 42 39-115. POLLUTION SOURCE PERMITS. (1) (a)

.The director shall have the authority to issue pollution source permits in compliance with rules established hereunder. (b) To detez:m.ine the applicability of permit requireaents for any major or Ilinor air pollution source in Idfho, the department shall develop and recomaend to the board for acloption, rules that define "regulated air pollutant" as follows: (i) B'or purposes of a major source permit to operate issued or aodified by the department in accordance with title V of the federal clean air act amendments of 1990, "regulated air pollutant" shall have the saae _anino as in title V of the f9deral clean air act amendaenta of 1990, and any applicable federal raoulations proaulgated pursuant to title V of 

### the federal clean air act amendments of 1990; (ii) B'or purposes of any other operating perait issued or aodified by the department, the federal**~inition** of "regulated air po1lutant" as defined in subsection (1) (b) (i) of this section shall also 

### apply; (iii) B'or purposes of any perait to construct issued or aodified by the department pursuant 

### to pazt D of subcha:pter I of the federal clean air act, "regulated air pollutant" shall 

### aean those air 2 

## lttp://www3.state.id.us/oasisIH0230.html 04/1112005**1.UU::S~** 

### HILL NU. :l30

- 

### Air

## pollution, pennit

## requirements Page 3 of4 1 contaa:i.nant. that are regulated. pur.uant to part D oE .ubahapter I oE 

### 2 the Eaderal clean air act and .ep1icab1e Eaderal regulation. proaul­ 3 

### gated. purauant to part D oE .ubchapter I oE the Eaderal clean air 4 

### act; and (iv) For pu;po... oE any other

..jor or ainor perait to con.truct

### ~, i ••ued or aodiEied by 

### the departaent, "regulated. air pollutant" .hal1 .ean tho.e air contaainanta that are regulated. purauant to part C oE 8 

### .ubchapter 1 oE the Eedera1 clean air act and 

### any applicable Eaderal 9 

### requ1ationa proaulgated. purauant to part C oE .ubchapter I oE the 

### 10 Eaderal clean air act. 11 (0) To &tteraine the .ep1icabi1ity oE any perait to con.truct or perait 

### 12 to operate requir_ent to any air pollution .ource in Idaho, fugitive 13 

### eat••ion••hal1 not be 

### ino1uded 

### in 

### any applicability calculation, un1e•• 14 

### .xpre••1y required by 

### 42 U.S.C .•ection 7401 

### et 

# .eq. '!he 

### director .hal1 

### 15 &tve10p and the board shall adopt :rules that provi&t that, Eor both major 

### 16 and .inor source permit applicability deterainations, Eugitive eat••

### ion. 17 

### shall be 

### included only a. .xpress1y required by 

### Eader&! law. 

### 18**~** 

### The director shall develop and recommend to the board for adoption 19 through rulemaking, criteria to determine insignificant activities and 

### 20 such sources or modification with emissions at or below the de minimis 21 level which shall not require either a permit to construct or a permit to 22 

### operate; provided however, that a registration of the activities or 23 sources .may be required. 24 (2) 

### The director shall have the authority to sue in competent courts to 25 enjoin any threatened or continuing: 26 

### (a) Violations of pollution source permits or conditions thereof without 27 the necessity of a prior revocation of the permit; or 28 

### (b) Construction of' an, industrial or commercial air pollution source 29 

### without a permit required under this chapter or rules adopted hereunder. 30 (3) 

### The department is authorized to charge and collect a fee for process31 

### ing applications for industrial or commercial air pollution source permits in 32 accordance with a fee schedule established by the board pursuant to this

... 

### chapter. For fees charged for operating permits under title 

### V of the federal clean air act amendments of 1990, 

### the department shall not charge a fee on any 35 

### hazardous air pollutant other than those listed under section 112 of the fed­ 36 

### eral clean air act. The fee schedule shall be structured to provide an incen­ 37 

### tive for emission reduction. 38 (4) 

### The director may issue air emission source permits to construct a 39 

### facility to incinerate any waste or waste item contaminated with 40 polychlorinated biphenyls (PCBs) only if the director finds: 41 (a) The facility will not be sited in complex valley terrain where the 42 valley floor is less than five (5) 

### miles wide and the valley walls rise 43 more than one thousand (1,000) feet; 44 

### (b) The facility has complied with local planning and zoning require­ 45 ments; 46 

### (c) There has been an opportunity for public participation; and 47 (d) The facility will employ best available technology and instrumenta­ 48 tion. 49 

### Subsection (4) 

### of this section shall not apply to incineration activities 50 existing on or before January I, 1987. 

# Statement ofPurpose I 

# Fiscal Impact

STATEMENT OF PURPOSE RS 15004**In/~** 

### Idaho law, air pollution source permits are to be**lS~ ~**  

### in conformity with federal programs established under the ;lean Air Act. Recently, the U.S. District Court for the )istrict of Idaho interpreted portions of the Idaho air rules in 1 

### manner which exceeds federal requirements. This legislation 

## lttp:J/www3.state.id.us/oasisIH0230.html 04/1112005

## lOUSE BILL NO. 230

- Air

## pollution, permitrequirements :equires the Department of Environmental Quality to adopt rules :h3t conform the state law to the Clean Air Act (and its :egulations) with respect to the scope of "regulated air )ollutants" included for pollution source permit applicability. 

## Page 4of4

'he air contaminants included in determining whether 

# - )ollution source construction or operating permit requirements lpply for programs administered by the Department must be !onsistent with, and no more stringent than, the air contaminants .ncluded for such permitting determinations under the Clean Air \ct and its regulations. Further, the legislation conforms state .aw to the federal Clean Air Act and regulations so fugitive**~missions** 

### are not included in calculations to determine the lpplicability of construction or operating permit requirements Inless expressly designated under the Clean Air Act by the EPA \dministrator.
FISCAL NOTE ?here should be no fiscal impact as this clarifies that the )ermitting requirements DEQ has used traditionally are correct. lot passing this legislation (or something similar) will cause a ;ignificant increase in permitting costs at DEQ.**~ontact ~ame:**  

### Mr. Dick Rush 'hone: 208-343-1849
;TATEMENT OF PURPOSE/FISCAL NOTE H 230



## Ittp:/lwww3.state.id.us/oasisIH0230.html 04/1112005**)~NJ\I.t.** 

### HILL NU. 

### l:l:lH
- 

### Air quality, pemrit

## requirements 

# SENATE BILLNO. 1228 view Bill Status**vi~qill** 

## Text 

# v. ·tatementofPurpose I 

## Fiscal Impact Page 1 of4

fext to be 

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# Bill Status

31228 ...•.•..••.....•.•..••..••...•.•..•.•.•..•..•... by JUDICIARY AND RULES \IR QUALITY

- Amends existing law (trailer bill to House Bill No. 230) to :evise permit requirements for any major or minor air pollution source in [dahoj to define a term; and to revise stringency requirements. )3/22 Senate intro

- 1st rdg

- to printing )3/23 Rpt prt

- to Health/WeI Rpt out

- rec dip

- to 2nd rag )3/24 2nd rdg

- to 3rd rdg Rls susp - PASSED

- 26-8-0, 1 vacancy AYES

-- Andreason, Brandt, Broadsword, Bunderson, Burtenshaw, Cameron, Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde,

..,.,r 

### Hill, Jorgenson, Keough, Little, Lodge, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Sweet, Williams NAYS

-- Burkett, Coiner, Kelly, Langhorst, Malepeai, Marley, Stennett, Werk Absent and excused

-- (District 21 seat vacant) Floor Sponsor

- McGee Title apvd

- to House )3/28 House intro

- 1st rdg

- to Env )3/29 Rpt out

- rec dip

- to 2nd rdg )3/30 2nd rdg

- to 3rd rdg Rls susp - PASSED

- 66-0-4 AYES

-- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Field(18}, Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2}, Shepherd(8}, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Trail, Wood, Mr. Speaker NAYS

-- None Absent and excused

-- Bedke, Eskridge, Stevenson, Wills Floor Sponsor

- Bastian Title apvd

- to Senate )3/30 To enrol

- Rpt enrol

- Pres signed )3/31 Sp signed

- To Governor )4/06 Governor signed Session Law Chapter 324 Effective: 07/01/05 

# Bill Text Ittp:llwww3.state.id.usloasislSI228.html 04/1112005

## mNATE BILL NO. 1228

- Air 

## quality, pennit

## requirements Page 2 of4

]]]) LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session

- 2005

IN THE SENATE SENATE BILL NO. 1228 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO AIR QUALITY; AMENDING SECTION 39-115, IDAHO CODE, AS AMENDED BY 3 SECTION 2, HOUSE BILL NO. 230, ENACTED BY THE FIRST REGULAR SESSION OF THE 4 FIFTY-EIGHTH IDAHO LEGISLATURE, TO REVISE PERMIT REQUIREMENTS FOR ANY 

### 5 MAJOR OR MINOR AIR POLLUTION SOURCE IN IDAHO, TO DEFINE A TERM AND TO 6 REVISE STRINGENCY. 

### 1 Be It Enacted by the Legislature of the State of Idaho: 

### 8 SECTION 1. That Section 39-115, Idaho Code, as amended by Section 2, 9 House Bill No. 230, enacted by the First Regular Session of the Fifty-eighth 10 Idaho Legislature, be, and the same is hereby amended to read as follows: 11 39-115. POLLUTION SOURCE PERMITS. 12 (1) (a) The director shall have the authority to issue pollution source 13 permits in compliance'with rules established hereunder. 14 (b) To determine the applicability of permit requirements for any major 15 or minor air pollution source in Idaho, the department shall develop and 16 recommend to the board for adoption, rules that define '"regulated air pol

### i1 lutant" as follows: 

### 18 (i) For purposes of a major source permit to operate 

### issued or mod19 ified by the department in accordance with title V of the federal 20 clean air act amendments 

### of 1990, "regulated air pollutant" shall 21 have the same meaning as in title V of the federal clean air act 22 amendments of 1990, and any applicable federal regulations promul23 gated pursuant to title V of the federal clean air act amendments of 24 1990; 25 (ii) For purposes of any other operating permit issued or modified 

### 26 by the department, the federal definition of "regulated air pollut27 ant" as defined in subsection (1) (b) (i) of this section shall also 28 apply; 29 

### (iii) For purposes of any permit to construct issued or modified by 30 the department pursuant to part D of subchapter I of the federal 31 clean air act, "regulated air pollutant" shall mean those air 32 contaminants that are regulated pursuant to part D of subchapter I of 33 the federal clean air act and applicable federal regulations promul34 gated pursuant to part D of subchapter I of the federal clean air 35 act; and 36 (iv) For pm:pos.s of major sourc. compliance with 42 U.S.C. s.ction 31 7412(g) and (i) (1), "raqulated air pollutant" shall mean those air 38 contaainants that are listed pursuant to 42 U.S.C. s.ction 7412(b); 39 and 40 

## 1!l For purposes of any other major or minor permit to construct 41 issued or modified by the department, "regulated air pollutant" shall 42 mean those 

### air contaminants that are regulated pursuant to part C of 43 subchapter I of the federal clean air act and any applicable federal



# - 2 1 regulations promulgated pursuant to part C of subchapter I of the 2 federal clean air act. 3 (c) To determine the applicability of any permit to construct or permit 

## Ittp:/Iwww3 

## .state.id.usloasislS 1228.html 04/1112005

### )r.NAl.t. HILL NU. 1:l:lK

- 

### Alf

### quality, 

## permit requirements Page 3 of4 4 to operate requirement to any air pollution source in Idaho, fugitive emissions shall not be included in any applicability calculation, unless 6 

### 8J«,.888.S' required by 42 U.S.C. section 7401 et seq. or any**~leaanting** 7 regulation proaulgated thereunder. 

### The director shall develop and the 8 

### board shall adopt rules that provide that, for both major and minor source 

# F permit applicability determinations, fugitive emissions shall be included 1 I 

### only as 

### .IlJl.888.,. required by ••••••••••" 42 U.S.C .•eotiOD 7401 et 

### seq. 11 or any**~leaeDtinq** regulation proaulgatecl thereunder. 

### 12 (d) The director shall develop and recommend to the board for adoption 13 through rulemaking, criteria to determine insignificant activities and 14 

### such sources or modification with emissions at or below the de minimis 15 level which shall not require either a permit to construct or a permit to 16 operate; provided however, that a registration of the activities or 17 

### sources may be required. 18 (2) The director shall have the authority to sue in competent courts to 19 enjoin any threatened or continuing: 20 (a) Violations of pollution source permits or conditions thereof without 21 the necessity of a prior revocation of the permit; or 22 (b) Construction of an industrial or commercial air pollution source 23 

### without a permit required under this chapter or rules adopted hereunder. 24 (3) 

### The department is authorized to charge and collect a fee for process25 

### ing applications for industrial or commercial air pollution source permits in 26 

### accordance with a fee schedule established by the board pursuant to this 27 chapter. For fees charged for operating permits under title V of the federal 28 clean air act amendments of 1990, the department shall not charge a fee on any 29 hazardous air pollutant other than those listed under section 112 of the fed30 eral clean air act. The fee schedule shall be structured to provide an incen31 tive for emission reductibn. 32 

### (4) The director may 

### issue air emission source permits to construct a 33 facility to incinerate any waste or waste item contaminated with 34 

### polychlorinated biphenyls (PCBs) only if the director finds: 35 

### (a) The facility will not be sited in complex valley terrain where the 

# 3F' valley floor is less than five (5) 

### miles wide and the valley walls rise 3 

### more than one thousand (1,000) feet; 38 (b) The facility has complied with local planning and zoning require39 

### ments; 40 ec) There has been an opportunity for public participation; and 41 

### (d) The facility will employ best available technology and instrumenta42 tion. 43 

### Subsection (4) of this section shall not apply to incineration activities 44 existing on or before January 1, 

### 1987.

## ~tatement 

# ofPurpose I 

# Fiscal Impact

STATEMENT OF PURPOSE RS 15168 'his legislation adds to the definition of regulated air lollutant the authority for the Department of Environmental**~ality** 

### to adopt and implement the permit to construct programs :equired by Sections 7412(g) and 7412{i) (1) of the Clean Air Act :or major sources of hazardous air pollutants (HAPS). ;econdly, in subparagraph (c), deleting the term "expressly" from loth sentences, and adding the implementing regulations to the :lean Air Act reference, allows the Department of Environmental !Ur--y to meet the minimum federal requirements in regard to the )eL

_**~** 

### applicability treatment of fugitive emissions.



### Ittp:JJwww3.state.id.usioasislS1228.html 04/1112005**~ENA** 

## TE BILL NO. 1228**~** 

### Air

## quality, pennit

## requirements Page 4 of4 FISCAL NOTE 'here is no fiscal impact due to this legislation.

:ontact lame: Martin Bauer, DEQ**~one:** 

### (208) 373-0552 Dick Rush 'hone: (208) 343-1849


### :TATEMENT OF PURPOSE/FISCAL NOTE S 1228



## lttp:llwww3 .state.id.usloasisiS1228.html 04/1112005

## (,;.­ IDAPA 58 • DEPARTMENT OF ENVIRONMENTAL QUAUTY 58.01.01 • RULES FOR THE CONTROL OF AIR POLLUnON IN IDAHO DOCKET NO. 58-0101-1503 NOTICE OF RULEMAKING • PROPOSED RULE

AUTHORITY: In compliance with Section 67-5221(1). Idaho Code, notice is hereby given that this agency has proposed rulemaking. The 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: September7, 1005,4 p.m. Department ofEnvironmental QuaUty Conference Ceuter 1410 N. Hilton,Botse.,ldalao 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. DESCRlPfIVE SUMMARY: House Bill 230 and Senate Bill 1228 require the Department of Environmental Quality (DEQ) to adopt rules that derme the term "regulated air pollutant" as it applies to various Clean Air Act (CAA) permit to construct and operatingpermit programs. In addition, these bills require DEQ to adoptrules that are consistent with the CAA and its implementing regulations in regard to the pennit applicability treatment offugitive emissions. Revisions to the Rules for the Control of Air Pollution in Idaho will clarify certain rule sections and pennit requirements to ensure consistency with federal CAA requirements. The text ofthe rule was developed by DEQ in conjunction with a negotiating committee made up ofpersons having an interest in the development ofthis rule. All major and non-major sources ofair pollution may be interested in commenting on this proposed rule. Special interest groups, public officials, or members ofthe public who have an interest in the regulation ofair emissions from sources inIdaho may also wish to submit comments on this proposed rule. Theproposedrule text is in legislative format. Language the agency proposes to add is underlined. Language the agency proposes to delete is struck out It is these additions and deletions to which public comment should be addressed. After consideration ofpublic comments, DEQ intends to present the finaJ proposal to the Board ofEnvironmental Quality in October 2005 for adoption of a pending rule. The rule is expected to be final and effective upon the adjournment ofthe 2006 legislative session 

### ifapproved bythe Legislature. IDAHO CODE SECTION 39--107D STATEMENT: This proposed rule does not regulate an activity not regulated by the federal government. nor is it broader in scope or more stringent than federal regulations. IDAHO CODE SECTION 67-S111(I)(c) FISCAL IMPACT STATEMENT: No negative impact occurs from this rulemaking; provision is not applicable. NEGOTIATED RULEMAKlNG: The text ofthe**pr~** rule has been drafted based on discussions held during negotiations conducted pursuant to Idaho Code Section 67-5220 and IDAPA 04.11.01.812-815. The Notice of Negotiated Rulemaking was published in the Idaho Administrative Bulletin, May 4, 2005, Volume 05-5, page 112. GENERAL INFORMATION: For more information about DEQ's programs and activities, visitDEQ's web site at www.deq.idaho.gov. ASSISTANCE ON TECHNICAL QUESTIONS AND SUBMISSION OF wRIlTEN COMMENTS: For assistance on technical questions concerning this rulemaking, contact Martin Bauer at (208) 373-0440, martin.bauer@deq.idaho.gov

. Anyone may submit written comments by mail. fax 

### ore-mail at the address below regarding this proposed rule. DEQ will consider all written comments received by the undersigned on orbefore September7t 2005.
IdahoAdministrative Bulletin Page30S August 3, 1005

- Vol. 05-8DEPARTIIENT

### OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0503 Ru/ufor 

### the Control 01AIrPollution In Idaho ProposedRu/emaklng

DATED this 1st day ofJuly, 2005.

Paula 1. Wilson Hearing Coordinator Department ofEnvironmental Quality 1410 N. Hilton Boise, Idaho 83706-1255 (208)373-0418IFax No. (208)373-0481 

### paula.wilson@deq-idaho.gov

THE FOLLOWING IS THE TEXT OF DOCKETNO. 58-0101-0503
006. GENERAL nEFlNmONS. 

## Subsections 006.01 thethrough 006.09 haveno changes
10; Ambient Air QaaUty Violation. Any ambient concentration 

## til/MY**~hBetI** til,. fNJl!tJttJift that causes orcontributes to an exceedance ofa national ambient air quality standard as determined by 40 CFRPart 50.**~** 11. Atmospberic Stagnation Advisory. An air pollution alert declared by the Department when 1"f!gfIhItetI air pollutant impacts have been observed and/or meteorological conditions are conducive to additional**~airpollutant** buildup.**~** n. Attainment Area. Any area which is designated, pursuant to 42 U.S.C. Section 7407(d), as having ambient concentrations equal to or less than national primary or secondary ambient air quality standards for a particular 1'f!gttlatetlairpollutant orairpollutants.**~** 

### 13. BaseUne (Area,Concentration,nate). 

### See Section 579. (5-1-94) Hr IHtJIJft'lliltllllk f:itHtfNJll'H"1sgy**(B,.€~.** All emisaiMttf!imiltlHtHt (ilftlltHlirlg tI visiIJ..'e emisBi61'1f1 sltlI'ItItmJ) Haeti811 tlte IIftaimrmt tlegree elretlrHJli6lffo,. etJehfNJlIttlaltlsrHJ}eetIe l"epIali6l1 

### wrtkI" tlte f:iletm Air .4et

# ::==i::r:::;:=~tt=~e~=::;,,=!{; ttehietVJhle}orBrie"

### prepetJetI Tlfflj6r:fotHlity fir majer'**~II** t/ur8f1g1t tipplieaHelf efp",t#lleIi6", preeetf!Je8 fir tf'IVJilalJle mellretis, .",stems, 

### tBttI teeltlfitjwes, ilftlltHlbtgfoel ekalfiltg fir IrtetJlmefll 8,. ilflf8Wlliw

### fweI e8mhi1ftllielf teeltltitpesfer e8lftlt'6l

### 8lBrIe"pBllttttfBfl. lit fI8 etvmt

### BItttIi tIf1Plie6titJlfefbe8t tl'lailahle e6IfIr¥Jlleehfl8itJgy l'eJfIIlI iff emiIMitJl'I6 8f/MY l'egfIIaIet/aif'cpB11IIIt!BfI**,~"ieh W8~hI**  aeeetltlte emissiflll allm_ by aJf)' apJJlietlhie sllfltIfIaMeurde,. f(} CFR J'aItV**~(J**

### tBttI

## n Jfllte t/elermilfeS tltm teeltm:J!egieaI fireeBI'ItHffie limitali6l'16 

## 8" lite

## IlJ1I1IietMM 6fIfftiftllIMleI'If melh6t18itJgy 18 a ptrIIet:IlfIr emissiM ","il W8111tl ",. the impeailimt e} 1M em;""i8,. aItItttItmJ ;rt.foMihle, a flea;""**tNJ~ipmefll, l~~,**  6peNIiBMl**9~** fir etJmbilttlli8" tltereef; may be**~etI** il'lflletHJIe MtitJjytlte**P'f!tJ~iremeltt}or** lite applicatie"

### olbe8t tfWlilalJ..'e e81t1r8! teeltfl8legy. 8tIeh slalftlartlaltet.v, Ie lite pBBSible. setfortlt tlte emissitJfI!J 1'f!t#lletie" ttehiewlhle by ;mp/emeltttHiM**ef~M** 

### des;"', tNJUipmf!lft,**l~** praetiee 8,. 8fH!"t1IitJIt, ,,1ttIaltet.qpr8Wtle.for'etmlfJlialftlt! hy lffetil:1'f!l 

### ."hiMae1tieve tNJ"'fwIk",**~.** 

### f4 j 9IJ) Board. Idaho BQard ofEnvironmental Quality. (5-1-94)
Idabo AdministrativeBuBetin Page309 August 3, 1005

- VoL 05-8 

# -,

### DEPARTMENT

### OF ENVIRONMENTAL QUALITY DocketNo. 

### 58-0101-0503 

### Rules lorthe Control

### 01 AirPollutIon In Idaho PtOpOMdRulemaldng**1~.** BreakdoWD. An unplanned failure of any equipment or emissions writ which may cause excess emissions. (4-5-00)**1~.** 

### BTU. British thermal unit (5-1-94) 

### 111. aeaD AirAct. The federal Clean Air Act, 42 U.S.C. Sections 7401 through 7671q. (5-1-94) 

## 1411. COUeetioD Emdeney. The overall performance of the air cleaning device in terms of ratio of materials collected to total input to the collector unless specific size fractions of the contaminant 

### are stated 

### or required. (5-1-94) 

### :U12. Commence CGDstruedoD or ModlfteadeD. In general, this means initiation ofphysical on-site construction activities on an emissions unit which 

### are of a permanent nature. Such activities include. but 

### are not limited to. installation ofbuilding supports and foundations. laying ofunderground pipework. and construction of permanent storage structures. With respect to a change in method of operation. this term refers to those on-site activities, otherthan preparatory activities. which mark the initiation ofthe change. (4-5-00) 

## 2-11. Complete. A determination made by the Department that all information needed to process a permit applicationhas been submitted for review. (5-1-94) 

### :Lll. ConstruedoD. Fabrication. erection, installation. or modification ofa stationary source orfacility.

, (5-1-94) 

### U1. Contrea Equipment. Any method, process or equipment which removes, reduces or renders less noxious, air pollutants discharged into the atmosphere. (5-1-94) 

### UJ.. Contrelled EDlloD. An emission which has been treated by control equipment to remove all or part ofan airpollutant beforerelease to the atmosphere. (5-1-94) 21;4. Criteria Air Pollutant. Any of the following: PM-lOt sulfur oxides; ozone, nitrogen dioxide; carbon monoxide; lead. (4-5-00)**2~.** Department. The Department ofEnvironmental Quality. 2,;T§. Designated FaciUty. Any ofthe following facilities:


### a. Fossil-fuel fired steam electric plants ofmore than two hundred fifty (250) million BTU's per hour heat input; (5-1-94) b. Coal cleaningplants (thermal dryers); (5-1-94)

c. Kraft pulp mills; (5-1-94) 

### d. Portland cementplants;**(5~1-94)** e. Primary zinc. smelters; (5-1-94) 

## r. Iron and steel mill plants; (5-1-94) g. Primary aluminum orereduction plants; (5-1-94) h. Primarycopper smelters; (5-1-94) L Municipal incinerators capable ofcharging more than two hundred and fifty (250) tons ofrefuse per day; (5-1-94)

IdahoAdministrative BuDedn Pagel10 Augultl, 1005

- Vol. 05-8 

# (­

### DEPARTIIENT

### OF ENVIRONMENTAL QUALITY DocketNo. 5B4I101-o503 Rule. 

### for the Control

### ofAIrPollution In Idaho ProposedRulemaklng j. Hydrofluoric, sulfuric, and nitric acid plants; (5-1-94) k. Petroleum refineries; (5-1-94) L Limeplants; (5-1-94)

m. Phosphate rock processing plants; (5-1-94)

n. Cokeovenbatteries; (5-1-94)


### o. Sulfur recovery plants; (5-1-94) 

### p. Carbonblackplants (furnace process); (5-1-94) 

### q. Primary lead smelters; (5-1-94)
r. Fuel conversion plants; (5-1-94)


### s. Sinteringplants; (5-1-94) t. Secondary metal production facilities; (5-1-94)

u. Chemical proiessplants; (5-1-94)

v. Fossil-fuel boilers (or combination thereof) of more than two hundred and fifty (250) million Brosperhour heat input; (5-1-94)

w. Petroleum storage and transfer facilities with a capacity exceeding three hundred thousand (300,000)barrels; (5-1-94) 

# ­

L Taconite oreprocessing facilities; (5-1-94) y. Glass fiber processing plants; and (5-1-94)
z. Charcoal production facilities. (5-1-94) 261.. 

### Director. The Director ofthe DepartmentofEnvironmental Quality or his designee. (5-1-94) 

### lJI. Effective 

### Dose Equivalent. The 

### sum ofthe products ofabsorbed dose and appropriate factors to account for differences in biological effectiveness due to the quality ofradiation and its distribution in the body of reference 

### man. The unit ofthe effective dose equivalent is the rem. It is generally calculated

### as an annual 

### dose.

. (5-1-94)**~.** Emission

. .Any controlled or uncontrolled release or discharge into the outdoor atmosphere ofany· air pollutants or combination thereof. Emission also includes any release or discharge of any air pollutant from a stack, vent, orother means into the outdooratmosphere that originates from an emission unit (5-1-94) 

### lIfl. Emission Standard. A permit or regulatory**~uirement** established by the Department or EPA which limits the quantity, rate, or concentration ofemissions ofair pollutants on a continuous basis, including any requirements which limit the level ofopacity, prescribe equil'ment, set fuel specifications, or prescribe operation or maintenance procedures for a source to

### assure continuous emtssion reduction. (4-5-00) 

### J.U. Emissions Unit. An identifiable piece ofprocess equipment or other part ofa facility which emits or may emit any air pollutant This definition does not alter or affect the term "unit" for the purposes of42 U.S.C. Sections 7651 through 76510. (5-1-94) 

### Y1.. EPA. The United States Environmental Protection Agency and its Administratorordesignee.

Idaho Administrative BuUetln PageJll AugustJ,2005
- VoL 05-8 

# -

### DEPARTMENTOFENVIRONMENTAL QUAUTY Docket

### No. 5lJ..D101-t}5D3 RuiNfot'the 

### ConITolofAirPoUutlon In Idaho 

### ProposedRulemaldlJfl (5-1-94) 

## 343. Environmental RemedtadoD Source. A stationary source that functions to remediate or recover any release, spill, leak, discharge or disposal ofany petroleum product or petroleum substance, 

### any hazardous waste or hazardous substance from any soil, ground water or surface water, and shall have an operational life no F,ter than five (5) years from the inception of any operations to the cessation of actual operations. Nothing In this definition shall be construed so as to actually limit remediation projects to fIVe (5) years or less oftotal operation. (5-1-95) 

### 3Ii. EneuEmissioDS. Emissions 

### 9f.,.roepIatedtHr:fl6l1tHtmt

## IIWexceedMg an applicable emissions standard established for any facility, source oremissions unit by statute, regulation, rule, pennit, or order.**~ ~.**  bisdDgStadoDarySollneorFacUity. Any stationary source or facility that exists, is installed, or is under construction on the original effective date ofany applicable provision ofthis chapter. (5-1-94) 

## J.:t.. Facility. All ofthe pollutant-anitting activities which belong to the same industrial grouping, are locatedon one (1)or more contiguous oradjacentproperties, and are under the control ofthe same person (orpersons under common controO. PollutaDt-anittinJC activities sbaIl be considered as 

## l'8l1 ofthe same industrial grouping if they belong to the same Major Group (I.e. which have the same two-digit code) as described in the Standard Industrial Classification Manual. ThejUWitive emissions shall 

### not be COnsidered in determiniu whether a pennit is 

### required unless required by**f~** Jaw.**~** 

### J.I.Z. Federal Class I Area. Any federal land that is classified or reclassified "Class I'" pursuant to Section 580. (5-1-94) 

## 391. Federal Lind Manager. The Secretary ofthe federal department with authority over any federal lands in theUnited States. (5-1-94) 

### 4Il2. FIre Hazard. The {'resence or accumulation of combustible material of such nature and in sufficient quantity that its continued exIstence constitutes an imminent and substantial danger to life, property, public welfare oradjacent lands. (5-1-94) 

### 4.It. Fllel-Bllming Equipment Any furnace, boiler, apparatus, stack and all appurtenances thereto, used in the process ofbuming fuel for the primary pwpose ofproducing heat orpower by indirect heat transfer. (5-1-94) 

### 4.11. Fugitive Dust. Fugitive emissions composed ofparticulate matter. (5-1-94) 4.q. Fugitive Emissions. Those emissions whicb could not reasonably 

### pass through a stack, cbimney, vent, or other functionally equivalent opening. (5-1-94) 44;l. Garbage. Any waste consisting offutrescible 

### animal and vegetable materials resulting from the handJing, preparation, cooking and consumption 0 food including, but not limited to, waste materials from households, markets, storage facilities, handling and sale ofproduce and other food products. (5-1-94)**~.** Grain Elevator. Any plant or installation at which grain is unloaded, bandied, cleaned, dried, stored, or loaded. (5-1-94) 

### "5. Grain Stonge Elevator. Any grain elevator located at any wheat 

### flour mill, wet com mill, dry com mill**(b~** consumption), rice mill. or soybean extraction plant whicb 

### bas a permanent grain storage capacity ofthirty fIVe thousand two bundred (35,200) cubic meters (ca. 1million bushels). (5-1-94) 41§. GraiD Terminal Elevator. Any grain elevator whicb 

### bas a pennanent storage capacity of more 

### than eighty-eight thousand one hundred (88,100) cubic meters (ca. 2.5 miUion bushels), except those located at animal food manufacturers, petfood manufacturers, cereal manufacturers, breweries, and livestock feedlots. (5-1-94)

Idaho Administrative hUedn Page 311 August 3, 100s • VoL

## os.a(­ 

### DEPARTMENTOFENVIRONMENTAL QUALfTY DocketNo. 58..()1D1-D503 Rules 

### foI'the 

### Control ofAI,Pollution In Idaho 

### ProposedRu/emaklllfl 

### 411. Huardoul Air PoDutant·(HAP). Any air pollutant listed itt-6rpursuant to Section 112(b) ofthe Clean Air Act. Hazardous AirPollutants are regulated air pollutants.**~** 

### 4IJl. HuardousWute. Any waste or combination ofwastes of

### a solid, liquid, semisolid, orcontained gaseous form which, because ofits quantity, concentration orcharacteristics (physical, chemical orbiological) 

### may:

. (5-1-94)

.. Cause or significantly contribute to an increase in deaths or an increase in serious, irreversible, or incapacitating reversible illnesses; or (5-1-94) b. Pose a substantial threat to human health or to the enviromnent if improperly treated, 

### stored. disposed of, ormanaged. Such wastes include. but are not limited to, materials which are toxic, corrosive, ignitable, or reactive, or materials which may have mutagenic, teratogenic, or carcinogenic properties; provided that such wastes do not include solid or dissolved material in domestic sewage, or solid 

### or dissolved materials in irrigation return flows or industrial discharges which are allowed under a national pollution discharge elimination system permit. or 

## source. special nuclear, orby-product material as defined by 42 U.S.C. Sections 2014(e),(z) or (aa).

. (5-1-94)**~.** Hot-Mix Asphalt Plant. Those facilities conveying proportioned quantities or batch loading of cold aggregate to a drier, and heating, drying, screening, classifying, measuring and mixing the aggregate and asphalt for the purpose ofpaving, construction, industrial, residential orcommercial use. (5-1-94) 

## 54. Inclnentor. Any source consisting of a furnace and all appurtenances thereto designed for the destruction ofrefuse by burning. "Open Burning" is not considered incineration. For purposes ofthese rules, the destruction ofany combustible liquid or gaseous material by burning in a flare stack shall beconsidered incineration. (5-1-94) 

### Y1. Indian Governing Body. The governing body ofany tribe, band, orgroup ofIndians subject to the jurisdiction ofthe United States and recognized by the United States as possessing power ofself-government. (5-1-94) 

### s.q. Kraft Pulping. Any pulping process which 

### uses, for a cooking liquor, an alkaline sulfide solution containing sodium hydroxide and sodium sulfide. (5-1-94) SI,l. Lowest Achievable Emission Rate (LAER). For any source, the more stringent mte ofemissions based on the following: (4-5-00)

.. The most stringent emissions limitation which is contained in any State Implementation Plan for such class or category of facility, unless the owner or operator of the proposed facility demonstrates that such limitations

## are not achievable; or (4-5-00) b. The most stringent emissions limitation which is achieved in practice by sucb class orcategory of facilities. This limitation, when applied to 

### a modification, means the lowest achievable emissions rate for the new 

### or modified emissions units within the facility. In 

### no event shall the application ofthe term permit a proposed 

### new or modified facility to emit any pollutant in excess ofthe amount allowable 

### under an applicable new 

### source standard of performance. (4-5-00) S1j. Member orthe PubUc. For purposes ofSubsection**006.9.1~.a.lOfYi.,** a person located at any offsite point where there is a residence, school, business or office.**~ ~.**  Modification. Any physical change in, orchange in the method ofoperation of, a stationary source or facility which increases the 

### amount ofany regulated air pollutant emitted by such stationary 

### source or facility or which results in the emission ofany regulated air pollutant not previously emItted except that routine maintenance, repair and replacement shall not be consideredphysical changCS;1i'l'rlli

... FuKitiye emissions shall not be.considered 

### for 

### mu:.poses of

### detenninimJ. 

### whether a modification increases the amount of**~replated** air pollutant emitted by 

### a stationary 

### souwe or faetlit)'. unless 

### reguired by federal law. /Ihe following 

## Sif not be considered a change in the method ofoperation:**~** iIdabo AdministrativeBuDetta PIge313 August 3, 2005 • Vol. 05-8 

# -

### OEPARTifENTOF

### ENVIRONMENTAL QUALITY DocketNo. 58-0101-0503 Rules 

### foI 

### the Control

### ofAIrPollution In Idaho 

### Proposed Rulemakl,..,

L An increase in the production rate ifsuch increase does not exceed the operating design capacity of the affected stationary source, and ifa more restrictive production rate is not specified in a permit; (5-1-94) b. An increase in hours of operation if l1lOn: restrictive hours of operation are not specified in II permit; and (5-1-94)

e. Usc of an alternative fuel or raw material if the stationary source is specifically designed to accommodate such fuel orraw material and use ofsuch fuel orraw material is not specifically prohibited in apermit. (4-5-00) S1§.. Monitoring. Sampling and analysis, in a continuous ornoncontinuous sequence, using techniques which will adequately 

### measure emission levels and/or ambient air concentrations ofairpollutants. (5-1-94) 

### SIl. Multiple ChamberIndDerator. Any article, machine, equipment, contrivance, structure or partof a structure used to dispose of combustible refuse by burning. consisting of three (3) or more refractcxy lined combustion furnaces in series physically separated by refractory walls, interconnected by gas passage ports orducts and employing adequate 

### parameters necessary for maximum combustion ofthe material to be burned. (5-1-94) 

### 59J.. New Stationary Source orFaeiHty. (5-1-94)

a. Any stationary source or facility, the construction or modification ofwhich is commenced after the original effective date ofany apI1licableprovision ofthis chapter; or (5-1-94) b. The restart ofa nonoperating facility shall be considered a new stationary source Of facility 

### if. (5-1-94) i. The restart involves a modification to the facility; or . (5-1-94) ii. After the facility has been in a nonoperating status for a period of two (2) years, and the Departmentreceives an**~Iication** for a Permit to Construct in the 

### area affected bythe existingnonoperating facility, the Department will, within five (5) working days ofreceipt ofthe application notify the nonoPerating facility of receipt ofthe application for a Pennit to Construct. Upon receipt ofthis Departmental notification, the nonoperating facility will comply with the following restart schedule or be considered a new stationary soW'ce or facility when it does restart: Within thirty (30) worldng days after receipt ofthe Department's notification ofthe application for a Permit to Construct, the nonoperating facility shall provide the Department with a schedule detailing the restart ofthe facility. The restart mustbegin within sixty (60) days ofthe date the Department receives the restart schedule. (5-1-94)**~.** NonattalnmentArea. Any area which is designated, pursuant to 42 U.S.C. Section 7407(d), as not meeting (or contributes to ambient air quality in a nearby 

### area that does not meet) the national primary or secondary ambient air quality standard for the pollutant. (5-1·94) 

### 611. Noneondendbles. Gases and vapors from processes that are not condensed at standard temperature and pressW'C unless otherwise specified.

. (5-1-94) 

### Ql. Odor. The sensation resulting from stimulation ofthe human 

### sense ofsmell. (5-1-94) 

### 611. Opadty. A state which renders material partially orwholly impervious to rays oflight and causes obstruction ofan observer's view, expressed as percent. (5-1-94) 6f;l. Open Burnlnl. The burnin, of

### any matter in such a manner that the products of combustion resulting from the burning are emitted directly Into the ambient air without passing through a stack, duct or chimney. (5-1-94) 

### 66:i.

. OperaUDI Permit. A pennit issued by the Director pursuant to Sections 300 through 386 and/or 400 

## throu&h 461. .<4-5-00)

IdahoAdmlDistrative BuHetIn Pa..,314 August3,2005

- VoL 05-8 

# c­DEPARTMENTOFENVIRON"ENTAL QUALITY Docleet

### No. 58-0101-0503 Rules forthe Control

### ofAirPollution In Idaho Proposed Ru/emalelng 

### "4. Partleulate Matter. Any material, except water 

### in uncombined form, that exists as a liquid or a solid at standard conditions. (S-I-94)**~.** PartleulateMatter Emissions. All particulatematter emitted to the ambient air as measured by an applicable reference method, or any equivalentoralternative method in accordance with Section 1S7. (4-S-00) 

## 611. Permit to Construct. A permit issued by the Director pursuant to Sections 200 through 228. (7-1-02) 

### 691. PenGD. Any individual, association, corporation, fmn, partnership or any federal, state or local governmental entity. (5-1-94) 

### .;r,e. PM·IO. All particulate matter in the ambient airwith an aerodynamic diameter less than orequal to a nominal ten (10) micrometers as measured by a reference method based on Appendix 

### J of40 CFR Part SO and designated in accordance with 40 CFR Part S3 or by an equivalent method designated in accordance with 40 CPR Part S3. (5-1-94) 7l:1. PM-IO EmlssloDS. All particulate matter, including condensible particulates, with an aerodynamic diameter less than orequal to anominal ten (10) micrometers emittedto the ambient airas measured by an applicable reference method, or an equivalent or alternative method in accordance with Section IS7. (4-S-00)**7~1.** Potential to**~mltIPoteDtiai** EmlssloDs. The maximum capacity of a facility to emit an air pollutant under its physical. and operational design. Any physical or operational limitation on the capacity ofthe facility to emit an airpollutant, provided the limitation orits effect onemissions is state orfederally enforceable, shall be treated as part of its design. Limitations may include, but are not limited to, air pollution control equipment, restrictions on hours ofoperation and restrictions on the type or amount ofmaterial combusted, stored or processed. This definition does not alter or affect the term "capacity factor" as defined in 42 U.S.C. Sections 76S1 through 76510. (4-5-00)**7~.** Portable Equipment. Equipment which is designed to be dismantled and transported from one (1) job site to anotherjobsite. (S-I-94) 743.. PPM (partsper million). Parts ofa gaseous contaminant permillion parts ofgas by volume. (5-1-94) 7.f:i. Prescribed Fire Management BDmlng. The controlled al?plication of fire to wildland fuels in either their natural ormodified state under such conditions ofwC!llher, fuel mOisture, soil moisture, etc., as will allow the fire to be confined to a predetermined area and at the same time produce the intensity ofheat and rate ofspread required to accomplish planned objectives, including: (5-1-94)

a. Fire hazard reduction; (5-1-94) b. The control ofpests, insects, or diseases; (5-1-94)

c. The promotion ofrange forage improvements; (5-1-94) d. The perpetuation ofnatural ecosystems; (S-I-94)
e. The disposal ofwoody debris resulting from a logging operation, the clearing ofrights ofway, a land clearing**operatio~** or a driftwood collection system; (S-I-94) f. The preparation ofplanting and seeding sites for forest regeneration; and (5-1-94) Other accepted natural resource management purposes. (5-1-94)**7~.** PrImary Ambient Air Quality Standard. That ambient air quality which, allowing an adequate

Idaho Administrative BuBedn Page 315 August 3,2005

- Vol. 05-8 

# -

### DEPARTIIENTOFENVIRON"ENTAL QUALITY Rulell "" 

### the

### ConfJaI01

### AkPoIIutIoII

### III Idaho margin ofsafety, is 

### requisite to

### protect the 

### public health.**(S.1~94)** 

### 7.;11. Procell

### or Procell 

### IqlllplDeat Any equipmenl, 

### device orcontrivance for chlnsinsany 

### materiaIa wUtcver 

### or for storqe 

### or**~118** 

### ofany materials, 

### and all 

### appurtcnancca thc:ftto, 

### includina cluctI, 

### stICk. etc., 

### the use of which may cause any discbarp 

### of an air 

### pollutant iato the 

### ambient air 

### but not iocludins that equipment specifically dermcd as**fisel~bumiaS** equipment 

### or**~fusc-bumins** 

### equipment (5-1-94) 

## 74 Procell WeI

...

### t The total 

### weight ofall materials introduced 

### iato any source operation which may cause 

### any emissi.

### of particulate 

### matter. 

### Process weightincludes solid fuclscharged, but does 

### not**inc~uid** 

### and gaseous 

### fUel, cbarsed 

### orcolDbustion 

### air. Waterwhich OCCUI'I 

### naturally 

### in the feed 

### material 

### sbaU be conai part of the 

### process weight.**(S-I~94)** 

### 7f1,. 

### Proc_W

.....t 

# "te. The rate 

### establisbcd as follows:**(S-I~94)** L 

### For continuous or loq-rua 

### steady-state source operations, the total process 

### weight·for the entire period 

### ofcontinUOUl opcratioo 

### or for a typical portion**~f.** divided by the number 

### ofhours ofsuch period or portion**~f;** 

### (4-S-OO) b. 

### Forcyclical orbatch source 

### operations, the total proc:css 

### weightfor aperiod that 

### covena complete cycle ofoperation or an 

## ift!earaI number ofcycles, divided by 

### the houn 

### ofactual 

### process operation durins such a period.**Wh~** 

### the nature of

### any 

### process or operation or the design ofany 

### equipment is 

### such as to permit

### lDore than one (1) 

### iuterpretation ofthis definition, the interpretation that 

### results in the minimwn value for allowable emission shall apply. '. (4-S-OO) 

### "l2- QaaadftabJe. The Department must 

### be able to determine the 

### emissions impact of

### any SIP**tntdi~** 

### programs requirement(s) oremission limit(s). (4-S-OO) 

### lUI. RadIoaaeHde. Atype 

### ofatomwhich spontaneously 

### undergoes radioactiVCl 

### decay. (5-1-94) 

### IJJl. Replated AIr

### Pohtaat**'Rtefo/ltlt~ifrg aiJtJHHI~'** **~**

IdabeAdlDlailtrative Balleda 

### Pal'316 AllPlt

### J. 2005

- VoL 05-1DEPARTMENT OFENVIRONMENTAL QUALITY Docket

### No. 5'-6101-6503 Rulea fo,

### the Control of AI,Pollution In Idaho Proposed Rulemaklng

6* 

# J.,.,. a;" p"IItIItHtI a"J,jeel Ie a altMttltwti P'61f'If#pkJ tIiIftkr**4~** U.S.O. See1i8" 7111 6,. 'liMe,. 1'etJlfitftlelfH t!8tt1I1U6ltetitHftkta 

## a U.S.O. SeeiitHt 74.'1, ilfe!.'lft/i", 12 U.S.o. &eel;"" 74.'2(g}, 

### 8J,

_ fi'j, i"elwJi", Htefol.'lmi",: (0- j 00; 

### t:- ,4,.,. tti,. P8111f1tHtl atlbjeet ttl f"«/lfi'W11f.e"H If""" Q U.S.O. Seeti6" 7f.l18). 

### If1M 81W jai.':, ttl pt"8",efigate a attlrttitmJ IJy thfJ

# _Ie**eataIJlisltetlp~l4a"t** ttl 42 U.S.o. 8et!Ii8" 71l1(e), alt}' ai,.ptJlllfftmlj'twwlrie" tI 9t1ltjeet 8'8t11'ee tWJl1IkI be 

# "'aftJ,. '''till be e6l16itJef'e(/ ttJ be ,-eplafetl eft lite tIats eigltteert (18) ",8". afle Me tf/IPlieabktlate t!8k1b!f.thetlptlNtltlfft ttJ**~1** U.s. O. Seel;"" 7nl(e);
- (4 j 

### IJ9J ff:. A"yai,. P8I/tlM'"**l~"** whieh lite f"«/tlWelfte,,18 tlj_, U.s. O. SeeI;6"**7f.'2fgJ~)** IttfH #lee" 

# "'et. btl' 81ft, wilh NSpeet 18 Me ilftJi'litNtll8'8t1l'ee 'tlbjeet ttl 12 U.s. O. See,;"" 7f.'1(r)(2) I'tHJtlil'e",e"t. (4 S

### IJ9J fi Any ai,. p"I.'wttI,,; listetl hi 

### SU, 586, ",. 8t1bjeef ttJ l'egtl.'at;"" ptlNIfa1fi Ie 8eeHtJn .'6.'. 

### Utt1t!88 elhel"'tvi8e Ustetl HI Sttb8eetitJII6 996.S_.a: Mt"8t«h 996.8_.e.• Mt!8e pelltlltlffl8 • "81 e6ttsH#t4le ,-eplatetllli,. p811t1ttlffl8/e'Ptll"fHJS68 tljSeelitJ1I6 399 thr'tlttg/t 399. (7

.. 91) 

### &J1. RepUeable. Any SIP procedures for applying emission trading shall be structured so that two (2) independent entities would obtain the same result when determining compliance with the emission trading provisions. (4-5-00) 

### 841. Responsible Official. One (1) ofthe following: (5-1-94)
a. For a corporation: a president, secretary, treasurer, orvice-president ofthe corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation ofone (1) ormore manufacturing, production, or operating facilities applying for or subjectto 

### apermit and either: (S-I-94) i. The facilities employ more than two hundred fifty (250) persons or have gross annual sales or expenditures exceeding twenty-five million dollars (S2S,OOO,OOO) (in second quarter 1980 dollars); or (4-5-00) ii. The delegation ofauthority to such representative is approved in advance by the Department. (5-1-94) b. For a partnership or sole proprietorship: a general partneror the proprietor, respectively. (5-1-94)
c. For a municipality, State, Federal, or other public agency: either a principal executive officer or ranking elected official. For the purposes ofSection 123, a principal executive officer ofa Federal agency includes the chiefexecutive officer having responsibility for the overall operations ofaprincipal geographic unit ofthe agency (e.g., a Regional Administrator ofEPA). (4-S-00) d. For Phase II sources: (5-1-94) i. The designated representative in so far 

### as actions. standards. requirements, orprohibitions under 42 U.S.C. Sections 7651 through 76510 or the regulations promulgated thereunder are concerned; and (5-1-94) ii. The designated representative for any otherpurposes under 40 CFR Part 70. (5-1-94) 

### B-a. Safety Measure. Any shutdown (and related startup) or bypass of equipment or processes undertaken to prevent imminent injury or death or severe damage to equipment or property which may cause excess emissions. (4-5-00)**~** Salvaje Operation. Any source consisting ofany business, trade or industry engaged in whole or in part in salvaging or reclaiming any product or material, sucb as, but

### not limited 

### to, reprocessing ofused 

### motoroils, metals, chemicals, shipping containers, or drums, and specifically including automobile graveyards andjunkyards.

Idaho Administrative Bulletin Page Jl7 AUjust J, 1005·Vol. 05-8

# - DEPART"ENTOFENVIRON"ENTAL QUAUTV DocketNo. 58-0101-11503 Rul

.. forthe Control 01AIrPolluUon in idaho PropNed Rulemalr/nfl (5-1-94) 8iI§.. Scheduled Maintenance. Planned upkeep, repair activities and preventative maintenance on any air pollution control equipment or emissions unit, inc::luding proc::ess equipment, and including shutdown and startup ofsuch equipment. (3-20-97) 

### 8Il. Secondary Ambient Air QuaUty Standard. That ambient 

### air quality which is requisite to protec::t the public welfare from any known oranticipated adverse effects associated with the presence ofairpollutants in the ambient air. (5-1-94) 

### 891. Shutdown. The normal and customary time period required to cease operations of air pollution control equipment or an emissions unit beginning with the initiation ofprocedures to terminate normal operation and continuing until the termination is completed. (5-1-94) 

### 942. Slgnlftcant. In reference to a net emissions increase or the potential ofa source to emit 

### any ofthe followinl pollutants. AIrate of

### ""plsletl

### ai"p8111t1h1", emissions that would equal or exceed any ofthe following:**~** L Aflo-plollutant 

### And emissions tmtlrate:**~** i. Carbon monoxide, one hundred (100) tons peryear; (5-1-94) ii. Nitrogen oxides, forty (40) tons peryear; (5-1-94) iii. Sulfur dioxide, forty (40) tons peryear; (5-1-94) iv. Particulate matter, twenty-five (25) tons per year ofparticulate matter emissions: fifteen (15) tons peryear ofPMlll emissions;**~** v. Ozone, forty (40) tons per year ofvolatile organic compounds till a Ifteasewe 8jMs"e;**~** vi. Lead, six-tenths (0.6) ofa ton peryear; (5-1-94) Wi: Ashe!ll86. seWNf ihtJwtmtlllts (1).997) tria lfJ"pe"year-: (5" 94) ..,;;;,. Be".:lli"'Ift,forwlett tlt8fHHHftll/ts (1).0091} 8>ia 18"pet'year-: (519') i4f:. 

### M8I'e"'ry. 8"e IettHt (1).1)**9J~** tfHfpet'yea"; (5.' 91}

.. Jlilfy/

### e1tle,.;tJe, 8"e (!) 1fJ"peP'yea,.: (5.' 9") *!ii. Fluorides, three (3) tons peryear; (5-1-94)**~ii.** Sulfuric acid mist, seven (7) tons peryear; (5-1-94) .¥fiil. Hydrogen sulfide (mS),ten (10) tons peryear; (5-1-94) 

## xw. Total reduced sulfur (including H2S), ten (10) tons peryear; (5-1-94) 

### xtoi. Reduced sulfur compounds (includingH2S), ten (to) tons per year; (5-1-94) M PM }9.:fifleen (H) IfJrtSPfH'year-: (5 A' 94) xYii. Municipal waste combustor organics (measured as total tetra- through octa-chlorinated dibenzo-pdioxins and dibenzofurans), thirty-five ten-millionths (0.0000035) tons peryear; (5-1-94)

Idaho Administrative BuUetin Page 318 August3, 2005

- Vol. 05-8

# - I 

### DEPARTIIENTOFENVIRON"ENTAL QUALITY 

### Rula 101 ",. 

### ConIl'Ol01

### AIrPoIIIIIIoIt ,,,

### Idaho nin. Municipal waste combust(ll' metal. (measwed IIparticulate matter). 

### fiftecD (15) tOIlS peryar; (5-1-94) xiq. 

### Munic:iJ-I WIItO combustor 

### acid psea (measured II sulfur dioxide aad bydropa chloride), forty (40) toIlS per year; (5-1-94) XJI!. Municipal solid waste landfill emissions (measuredas 

### nomncthane orpnic:**com~t** 

# ::r (SOl tons 

### per

### yur; g[ 

### uxi.**Rad~tity** of emisaiODS, fiom source categories regulated by 40 

### CPR. Put 61, 

# "'

thathave been • 

### illICCOt'dance with40 CPR 

### Part 61, Appendix D and by I)cputmentapproved

that would cauae Ifty member ofthe public to receive 1ft mnual 

### Cffective dose 

### eqUivafent ofat 

### Ieut OIle tenth(0.1) IDI'Cmperyear, if

### total facility-wide emissions eontn"b_au effective dose

### ClJUivaientofleas 

### dum three (3) 

# =

mmn

### per year; (ll'myradionuc:lide emission rate, iftotal facility-wide radionuclide 

### emJ8Iiona contribute 1ftefFedive dose equivalent ofgreaterthan (II'equal to three (3) mmnper

### year. (5-1-95) b. Inrefen:nce to a netemissions

### iIIcrease orthe potential ofa souree orfacility to emit areguJated

.. pollutant notlisted in Subsection006.9.'IU.L above and not a toxic airpollutant, Iftyemission rate; or

.**~** 

### c. For a major f.acility ormajor modification which would be coDStructed within ten (10) kilometers of a Clua I area, the emissiOllS rate which wouldincn:ase the ambient concentration ofan emitted regulated air pollutaot inthe Class I areaby

### oDe (1)microgram percubic meter, twenty-four(24) houraverage, or more. (4-5-00) ",.. Slplfteant CODtrlblldoa. 

### ADy increase in 

### ambient concentratiOlll which would exceed the following: (5-1-94)
L Sulfurdioxide: (5-1-94) i. One (1.0) microgram percubic meter,mnual average; (5-1-94) 

# ­
ii. Five (5) micrograms percubic meter, twenty-four (24) hour average; (5-1-94) iii.**Twen~five** (25) micrograms percubic meter, three (3) houraverage; (5-1-94) b. Nitrogen dioxide, one (1.0) microgram percubic meter. annual average; (5-1-94)
Co Carbon monoxide: (5-1-94) i. One-half(O.S) milligrams percubic meter, eight (8) hour average; (5-1-94) ii. Two (2) milligrams percubic 

### meter, one (I)hour average; (5-1-94) d. PM-I0: (5-1-94) i. One (1.0) microgram

### percubic meter, annual average; (5-1-94) ii. Five (5.0) micrograms 

### percubic meter, twenty-four (24) houraverage. (5-1-94) 

### NJ.. SmalFIre. A fire iD whicb the material tobe burned is notmore than four (4) 

### fed iD diameternor more than three (3) feet bigh.**(5~J~94)** 9I,l. Smoke. Small gas-borne particles resukiq from iDcomplete combustion. consistins predominantly, but notexclusively, ofcarboo 

### and other combustiblematerial. (5-1-94) Hj.. SmoUMaDapmeatPlan. A document issued bythe 

### Directorto impleoteot Sections 606 duougb 616. Categories ofAllowable BW'DinJ.

.**(5-f~94)**
IdahoAdm

........ ative Baleda 

### Pa,.lt' Allplt 1, 1005

- VoL 05-1

### DEPARTMENTOFENVIRONMENTAL QUALITY 

### Docket No. 

### 5B-Of01-61J03 RUM foI'the 

### Control 

### 01 AirPollution

### In 

### Idaho PropoaadRulemaldng
9Ij. Smoke Manacement 

### Program. A program whereby meteorological infonnation, fuel conditions. fire behavior. smoke movement and atmospheric dispersal conditions are used as a basis for scheduling the location. amount and timing ofopen burning operations so as to minimize the impact of such burning on identified smoke sensitive 

### areas. ,(S-I-94) Source. A stationary source. (S-I-94)

### "~.**~.** Source Operadon. The last operation preceding the emission of air pollutants, when this operation: (S-I-94)

a. Results in the separation ofthe airpollutants from the process materials or in theconversion ofthe process materials into airpollutants, as in the case offuel combuStion; and (S-I-94) b. Is not an air cleaning device. (S-I-94) 

## 911. Stack. Anypoint in a source arranged to conduct emissions to the ambient air, including a chimney. flue, conduit, or ductbutnot including flares. (S-I-94) 

### 94IJl. Standard Conditions.**Ex~t** as specified in Subsection S76.02 for ambient airquality standards, a dry gas temperature oftwenty degrees CelSIUS (2OC) sixty-eight degrees Fahrenheit (68F) and a gas pressure of seven hundred sixty (760)**millim~** ofmen:my (14.7 pounds per square inch) absolute. (4-S-00) 

## ""22. startup. The normal and customary time period required to bring air pollution control equipment or an emissions unit, including process equipment, from a nonoperationaI status into normal operatioo. (S-I-94) 1011. Stationary Source. Any building, structure, facility. emissions unit, or installation which emits or may emit any airpollutant. The fugitive emissions shall notbe considered indeterminins whethe( apermitis required unlesS required by fe4erallaw.**~ 1~,l.**  TierI Source. Any ofthe following: (S-I-94)

.. Any source located at any major facility as defined in Section 008; (4-S-OO) b. Any source, including an area source, subject to a standard, limitation, or other requirement under 42 U.S.C. Section 7411 or40 CPR Part 60, and required by EPA to obtain a Part 70 permit; (S-31-0S)T
c. Any source, including an area source, subject to a standard or other requirement under 42 U.S.C. Section 7412, 40 CPRPart 61 or40 CPR Part 63. and required by EPA to obtain a Part 70 permit, exceptthat a source is not required to obtain apermit solely because it is subjectto requirements under42 U.S.C. Section 7412(r); (S-31-0S)T d. Any Phase 

## n source; and (S-I-94) Any source in a source category designated by the Department. (S-I-94) 1**~** TotalSuspended Particulates. Particulate matter as measured by the method described in 40 CPR SO Appendix B. (4-S-OO) 104;1. Tone Air Pollutant. An air pollutant that has been determined by the Department to be by its nature, toxic to human or animal life orvegetation and listed in Section S8S or S86. (S-I-94)**l~** Tone Air PollutantCarclnogenlcIncrements. Those ambient air quality increments based on the probability ofdeveloping excess cancers over a seventy (70) year lifetime exposure to one (1) microgram 

### per cubic meter (1 uJlm3) ofagiven carcinogen and expressed interms ofa screening emission level or an acceptable ambient ConcentratlOO for, a carcinogenic toxic airpollutant. They are listed in Section S86. (S-I-94)

Idaho Administrative BuOedn Page 320 August 3, 2005

- VoL 05-8

f'-'

# - DEPARTMENTOF 

### ENVIRONMENTAl.. QUAUTY 

### Dock.tNo.58-tH01-0503 Rulesfor the Control

### ofAirPollution In Idaho 

### ProposedRu/emaking**l~** Tolk Air PoDutant Non-carc:lnogenk Increments. Those ambient air quality increments based on occupational exposure limits for airborne toxic chemicals expressed in 

### terms ofa screening emission level or an acceptable ambient concentration for a non-carcinogenic toxic airpollutant. They are listed 

### in Section 585. (5-1-94) lW§. Toxk Substance. Any air pollutant that is determined by the Department tobe by its nature, toxic to human oranimal life orvegetation. (5-1-94) 

### 1011. Trade Waste. Any solid, liquid or gaseous material resulting from the construction or demolition of any structure, or the operation of any business, trade or industry including, but not limited to, wood product industry waste such as sawdust, bark, peelings. chips, shavings and cull wood. (5-1-94) lUI- TRS (Tota. Reduced Sulfur). Hydrogen sulfide, mercaptans, dimethyl sulfide, dimethyl disulfide and any otherorganic sulfidepresent.' (5-1-94)**l~.** Undassillable Area. An area which, because ofa lack ofadequate data, is unable to be classified pursuantto42 U.S.C. Section 7401(d) as either an attainment ora nonattainment area. (5-1-94) 11"1. Uncontrolled Emission. An emission which has not been treated by control equipment. (5-1-94)**11~.** Upset. An unplanned disruption in the normal operations ofany equipmentoremissions unit which may cause excess emissions. (4-5-00) 11,1l. Wigwam Burner. Wood waste burning devices commonly called teepee burners, silos, truncated cones, and other such burners commonly used by the wood product industry for the disposal by burning ofwood wastes. (5-1-94) UQ.

. Wood Stove Curtailment Advisory. An air pollution alert issued through local authorities and/or the Departmenttolimit wood stove emissions during airpollution episodes. (5-1-94) 

# - 007. DEFINITIONS FOR mE PURPOSES OF SECTIONS 200 THROUGH 228 AND 400 THROUGH 461. 01. Advene Impaet on VlslbiHty. VISibility impairment which interferes with the management, protection, preservation, or enjoyment of the visitor'S visual experience of the Federal Class I area. This determination must be made on a case-by-case basis taking into account the geograpbic extent, intensity, duration, frequency, and time ofvisibilityimpairments, and how these factors correlate with: (4-5-00)
a. Times ofvisitor use oftbe Federal Class I area; 

### and (4-5-00) b. The frequency and timing ofnatural conditions that reduce visibility. (4-5-00)


### c. This term does notinclude affects on integral vistas. (4-5-00) 02. Agricultural Activities and Services. For the purposes of Subsection 222.02.f., the usual and customary activities of cultivating the soil, producing crops and raising livestock for use and consumption. Agricultural activities and services do not include manufacturing. bulk storage. handling forresale orthe formulation ofany agricultural chemical listed in Sections585 or586. (5-1-94) 03. Innovative Control Technology. Any system ofairpollution control that has not been adequately demonstrated in practice. butwould have a substantial likelihood ofachievinggreater continuous emissionsreduction than any control system in current practice. or ofachieving at least comparable reductions at lowercost in terms of energy. economics, ornon-air quality environmental effects. (5-1-94) 04. Integral Vista. A view perceived from within the mandatory federal Class I area ofa specific landmark or panorama located outside the boundary of the mandatory federal Class.I area. Integral vistas are identified by the responsible federal land manager in accordance with criteria adopted pursuant to 40 CFR Part 51.304(a). (5-1-94)

IdahoAdministrative Bulletin Page321 August 3, 200S

- Vol. ()5..8

### DEPARTMENTOF

### ENVIRONMENTAL QUALITY DocketNo. 

### 58-0101-(1503 Rules 

### for the Control

### ofAirPollution In Idaho Proposed Rulemaldtlfl

95. Mandatory PedenlClass I Area. Any 

### area designated under 42 U.S.C. Section 14n(a)as Class I and neverto be redesignated. (S-I-94) 06. Net Emlssionl Inerease. Any increase in actual emissions from a particular modification plus any other 

### increases and decreases in actual emissions at the facility that are creditable and contemporaneous with the particular modification, where:

. (4-S-00)

.. A creditable increase or decrease in actual emissions is contemporaneous with a particular modification ifit occurs between the date five (S)years before &he commencementofconstruction or modification on the particular change andthe date that the increase from theparticularmodification occurs. Any replacement unitthat requires shakedown becomes operational only after a reasonable shakedown period, not to exceed one hundred and eighty (ISO) days; (4-S-OO) b. A decrease in actual emissions is creditable only if it satisfies the requirements for emission reduction credits (Section 460) and has approximately the 

### same qualitative significance for public health and welfare as that attributed to the increase from the particular modification. and is federally enforceable at and after the time that construction ofthe modification commences. (4-S-OO)
Co The increase in toxic air pollutant emissions from an already operating or permitted source is not included in the calculation ofthe net emissions increase for a proposed new source ormodification if: (S-I-95) i. The already operating orpermitted source commenced construction ormodification prior to July I, 1995; or (S-I-9S) ii. The uncontrolled emission rate from the already operating orpermitted source is ten percent (Ioele) or less ofthe ap.plicable screening emissions level listed in Section SS5 orS86; or (6-30-95)
ttt. The already operating or permitted source is an environmental remediation source subject to or regulated by the Resource Conservation and Recovery Act (42 U.S.C. Sections 6901-6992k) and "Idaho Rules and Standards for Hazardous Waste," (IDAPA 58.01.05.000 et seq.) or the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 6901-6992k) or a consentorder. (6-30-9S) 01. Pilot Plant. A**stati~** source located at least one quarter (114) mile from any sensitive receptor that functions to test processing. mechanical, or pollution control equipment to determine full-scale feasibility and which does notproduce products that are offered for sale except in developmental quantities. (S-I-94) 08. Reasonable Further Progress (RFP). Annual incremental reductions in emissions of the applicable P'Efgfl/aIeti air pollutant as identified in the SIP which are sufficient to provide for attainment of the applicable ambient air quality standard by the required date.**~** 09. Secondary Emluloos. Emissions which would occur as a result ofthe construction, modification, or operation ofa stationary source orfacility, but do not come from the stationary source or filcility itself. Secondary emissions must be 

### specific, well defined, quantifiable. and affect the same general 

### area as the stationary source, facility. or modification which causes the secondary emissions. Secondary emissions include emissions from any oflSite supportfacility which would not be constructed orincrease its emissions except as a result ofthe construction or operation of the primary stationary source, facility or modification. Secondary emissions do not include any emissions which come directly from a mobile source regulated under42 U.S.C. Sections 1S21 through 1S90. (4-5-00) II. Sensitive Receptor. Any residence, building or location occupied or frequented by persons who, due to age, infirmity or other health based criteria. may be more susceptible to the deleterious effects ofa toxic air pollutant &han the general population including. but not limited to, elementary and secondary schools. day care centers, playgrounds and padcs, hospitals, clinics and nursing homes. (S-I-94) 11.

. Short Term Source. Any new stationary source or modification to an existing source, with an operational life no greater than five (S) years from the inception of any operations to the cessation of actual August 3,2005

- VoL 05-8 

## (

# -, DEPARTMENTOF 

### ENVIRONMENTAL QUALITY 

### Docleet No. 58-0101.()503 Rul

.. fot' 

### the Control

### ofAirPollutIOn In Idaho 

### Proposed Rulemaldtlfl operations. (5-1-94) 11. Toxic Air Pollutant Reasonably Available Control Technology (T-RACT). An emission standard based on the lowest emission oftoxic air pollutants that a particular source is capable ofmeeting by the application of control tecbnology that is reasonably available, as determined by the Department, considering technological and economic feasibility. Ifcontrol technology is not feasible, the emission standard may be based on the application ofa design. equipment, workpractice oroperational requirement, orcombination thereof. (5-1-94) 13. VIsIbWty Impairment. Any hmnanly perceptible change in visibility (visual range, contrast, coloration) from that which wouldhave existed under natural conditions. (4--5-00) 008. DEFINITIONS FORTHE PURPOSES OF SECTIONS30G THROUGH 386. 

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



# .. Whose airquality maybe affected by the emissions ofthe TIer I source and that

## are contiguous to Idabo; or (5-1-94) b. That 

### are within fifty (50) miles oftheTIer I source. (5-1-94) 01. Allowance. An authorization allocated to a Phase 11 source by the EPA to emit during 

# or after a specified calendaryear, one (1) t,on ofsulfurdioxide. (5-1-94) 03. AppHcable Requirement. All ofthe following ifapproved orpromUlgated 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 butwhich have future-effective compliance dates): (5-1-94)

.. Any standard or other requirement provided for in the applicable state implementation plan, _ ' including any revisions to thatplanthat 

### are specified in40 CFRParts 52.670 through 52.690. (5-1-94) b. Any term or condition ofany permits to construct issued by the Department pursuant to Sections 200 through 223 

### or by EPA pursuant to 42 U.S.C. Sections 7401 through 7515; provided that terms 

### or conditions relevant only totoxic airpollutants 

### are not applicable requirements. (4--5-00) Any standardorotherrequirement under 42 U.S.C. Section 7411 including 40CFRPart60; (5-1-94) d. Any standard

### or otherrequirement under 42 U.S.C. Section 7412 including40CFRPart 61 and40 CFRPart 63; (5-1-94)

e. Any standard orotherrequirement ofthe acid rain program under42 U.S.C. Sections 7651 through 76510; (5-1-94) 

## r. Any requirements established pursuant to 42 U.S.C. Section 7414(a)(3), 42 U.S.C. Section 7661c(b) orSections 120through 128 ofthese rules; (3-23-98) Any standard or other requirement governing solid waste incineration, under 42 U.S.C. Section 7429; (5-1-94) h. Any standard or other requirement for consumer and commercial products and tank vessels, under 42 U.S.C. Sections 7511b(e) and (f); and (5-1-94) I. Any standard orotherrequirement under42 U.S.C. Sections 7671 through7671qincluding40CFR Part 82. (5-1-94) 

## J. Any ambient air quality standard or increment or visibility requirement provided in 42 U.S.C. Sections 7470 through 7492, but only as applied to temporary sources receiving Tier I operating permits under

Idaho AdministrativeBuletln Page 313 August 3. 1005

- Vol. 05-8 

# ­

### DEPARTMENTOF

### ENVIRON"ENTAL QUALITY 

### OoctetNo. 

### 58-0101..,.

. Rules 

### for the 

### Control 01AII'PoIlutiop In Idaho 

### ProposedRulemalrlnll Section 324. 04. Deslpated Representative. A responsible person or official authorized by the owner or**~or** ofa Phase 

## n unit to represent the owner or operator in matters pertaining to the holdinlJ. transfer. or disposition of allowances allocated to a Phase 

## nunit, and the submission ofand compliance with permits, permit applications. and compliance plans forthe Phase 

### II

### unit (5-1-94) 

### OS. DraftPermit. The version ofa TIer 

### Ioperatingpermit that is made available by the Department for public participation and affected State review. (5-1-94) 06. Emergency. For the purposes of Section 332, an emergency is any situation arising from sudden and reasonably unforeseeable events beyond the control ofthe owner or operator, including acts of God, which situation requires immediate corrective action to restore normal operation and that causes the Tier I source to exceed a technology-based emission limitation under the Tier I operating permit due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include noncompliance to the extent caused by improperly designed equipment. lack ofpreventative maintenance, careless 

### or improper operation, oroperator error. (4-S-OO) 

### 01. Final Permit. The version of a Tier 

### I permit issued by the Department that has completed all review proceduresrequired in Sections 364 and 366. (5-1-94) 08. General Permit. A

## rter Ipermit issued pursuant to Section 335. (3-23-98) 09. Inslgnlftcant 'Acdvlty. Those activities that qualify as insignificant in accordance with Section 317. (3-23-98) .8. Major FadUty. A facility (as defined in Section 0(6) is major if the facility meets any of the following criteria: (3-23-98)


### a. Forhazardous airpollutants: (3-23-98) i. The facility emits or has the potential to emit ten (10) tons peryear (tpy) ormore ofany hazardous air pollutant, other than radionuclides. which 

### has been listed pursuant to 42 U.S.C. Section 74 I2(b); provided that emissions from any oil orgas exploration orproduction well (with its associated equipment) and emiSSions from any oil or gas pipeline compressor or pump station shall not be aggregated with emissions from other similar emission witswithin the facility. (5·+94) ii. The tacility emits or has the potential to emit twenty-five (25) tpy or more ofany combination of any hazardous air pollutants, other than radionuclides. which have been listed pursuant to 42 U.S.C. 7412(b); provided that emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from any oil 

### or gas pipeline compressor 

### orpump station shall notbe aggregated with emissions from other similaremission units within the facility. (5-1-94) 

### b. Fornon-attainment

### areas: (3-23-98) i. The facility is located in a "serious" particulate matter (PM-I0) nonattainment area and the facility has the potential to emit seventy (70) tpy ormore ofPM-IO. (5-1-94) ii. The facility is located in a "serious" carbon monoxide nonattainment area in which stationllI}' soun:es are significant contributors to carbon monoxide levels and the facility bas the potential to emit fifty (50) tpy ormore ofcarbon monoxide.

. (5-1-94) iii. The facility is located in an ozone transport region establishedpursuant to 42 U.S.C. Section 7511c andthe faciHty has the potential to emit fifty (50) tpy or more ofvolatile organic compounds. (5-1-94) iv. The facility is located in an ozone nonattainment area and, depending upon the classification ofthe nonattainment -area, the facility has the potential to emit the following amounts ofvolatile organic compounds or oxides ofnitrogen; provided that oxides of nitrogen shall not be incJuded if the taciJity has been identified in

Idaho Administrative BuBedn Pace324 AuCUst 3, 2005 • VoL 85-8DEPARTMENT

### OF ENVIRONMENTAL QUALITY DocketNo. 58-0101-0503 Rules 

### fw the Control

### ofAirPollution In Idaho ProposedRulem.irlng accordance with 42 U.S.C. Section 7411a(f)(1) or(2) ifthe area is "marginal" or "moderate", one hundred (100) tpy or more, ifthe area is "serious", fifty (50) tpy ormore, ifthe area is "severe", twenty-five (25) tpy or more, and if

### the 

### area is "extreme". ten (10) tpy ormore. (3-23-98)
Co The facility emits or has the potential to emit one hundred (100) tons 

### per year or more of any regulated air pollutant !iltet/ i" 

### StlbtJeelie,. 006.SI.a. 

### tlH¥JtlgIi 006.84.11. The fugitive emissions shall not be considered in determining whether the facility is major unless the facility belongs to one (1) of the following categories:

.**~** i. Designated facilities. (3-23-98) ii. All other source categories regulated by 40 CFR Part 60, 40 CFR Part 61 or 40 CFR Part 63, but only with respect to those air pollutants that have been regulated for that category and only ifdetermined by rule by the Administrator ofEPA punuantto Section 302(j) ofthe Clean Air Act (4-5-00) U. Part 70. Unless specified otherwise in this chapter, all definitions adopted under 40 CFR Part 70, revised 

### as ofJuly 1.2004, are hereby incorporatedby reference. (4-6-05) 12. Permit Revision. Any permit modification. administrative amendment or reopening. (3-19-99) 13. Phase

## n Soun:e. A source that is subjectto emissions reduction requirements of 42 U.S.C. Section 7651 through 76510 and shall have the meaning given to itpunuantto those sections. (5-1-94) 14. Phase 

## n Unit. A unit that is subject to emissions reduction requirements of42 U.S.C. Sections 7651 through 765 I 0 and the term shall have the meaning given to it punuant to those sections. (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. Seetion SOl(b)(10) Cbanges. Changes that contravene an express permit term. Such changes do not include changes that would violate applicable requirements or contravene federally enforceable permit terms and conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements. (3-19-99) 17. TierI OperatingPermit. Any permitcovering a Tier I 

### source that is issued, renewed, amended, or revised punuantto Sections 300 through 386. (3-19-99)
(BREAKIN CONTINUITY

### OF SECTIONS)
133. STARTUP, SHUTDOWN AND SCHEDULED MAINTENANCE REQUIREMENTS. The requirements in Subsection 133.01 shall apply in all cases where startup, shutdown, or scheduled maintenance of any equipment or emissions unit is expected to result or results in an excess emissions event. The owner or operator of the facility or emissions unit generating the excess emissions shall demonstrate compliance with all of the requirements of Subsection 133.01, 

### as well 

### as the development and implementation of procedures pursuant to Subsections 133.02 and 133.03 

### as a prerequisite to any consideration under Subsection 131.02. (4-5-00) 01. General Provisions. The following shall pertain to all startup. shutdown, and scheduled maintenance activities expected to result or resulting in excess emissions: (4-5-00)
L No scheduled startup, shutdown, or maintenance resulting in excess emissions shall 

### occur during any period in which an Atmospheric Stagnation Advisory and/or a Wood Stove Curtailment Advisory has been**decl~** by the Department**withi~** an area designated by the**~t** a PM-tO nonattainment area, w.uess the penmttee dem<?nstrates that such IS reasonably necessary tofacdny operations and cannot be reasonably aVOided and the Department approves such activity in advance, to the extent advance approval by the Department is feasible. This 

# -

Idaho Administrative BuUetio Page315 August 3, 1005

- VoL 05-8

# c DEPARTMENTOF ENVIRONMENTAL QUALITY Docket

### No. 58-0101-0503 Rules forthe Control 

### ofAirPoIlutJon In Idaho Proposed

### Rulema"'ltfI probibition on scheduled startup. shutdown or maintenance activities during Advisories does not apply to situations where shutdown is necessitated by urgent situations, such as imminent equipment failure, powercurtailment. worker safety concerns orsimilar situations. (3-20-97) b. The owner or operator ofa source ofexcess emissions shall notifY the Department ofany startup, shutdown, or scheduled maintenance event that is expected to cause an excess emissions event. Such notification shall 

### identifY the time ofthe excess emissions. specific location. equipment involved. and type ofexcess emissions event (i.e. startup, shutdown, or scheduled maintenance). The notification shall be given as soon as reasonably possible, but no

# rater than two (2) hours prior to the start ofthe excess emissions event unless the owner or operator demonstrates to the Department's satisfaction that a shorter advanced notice was necessary. The Department may prohibitorpostpone any scheduled startup, shutdown. ormaintenance activity uponconsideration ofthe factors listed InSubsection)34.03. (4-5-00)
Co The owner or operator of a source of excess emissions shall report and record the information required pursuant to Sections 135 and 136 for each excess emissions event due to startup, shutdown, or scheduled maintenance. (3-20-97) II. The owner or operatorofa source ofexcess emissions must make the maximum reasonable effort, including off-shift labor where practicable to accomplish maintenance during periods ofnonoperation ofany related source operations orequipment. (4-5-00) 02.· EIeftl EmisstoDI ProeediUft. For all equipment or emissions unit from which excess emissions may occur during startup. shutdown.· or scheduled maintenance. the facility owner or operator shall prepare, implement and file with the Department specific procedures which will be used to minimize excess emissions during such events. Specific information for each of the types of excess emissions events (i.e. startup. shutdown and scheduled maintenance) shall be established or documented for each piece ofequipment or emissions UDit and shall include all ofthe following (which may be based upon the facility owner oroperator's knowledge ofthe process or emissions where measured datais unavailable): (4-5-00)
L Identification ofthe specific equipment oremissions unit and the type ofevent anticipated.(4-5-00) b. Identification of the specific**~atetI** airJ1611111a1tt6 lilrelf t8 he emittetl emissions in excess of applicable emission standards during the startup, shutdown, orscheduled maintenance period.**~** e. The estimated amount ofexcess emissions expected to bereleased during each event. (3-20-97) II. The expected duration ofeach excess emissions event. (3-20-97)
e. An explanation ofwhy the excess emissions are reasonably unavoidable for each ofthe types of excess emissions events (i.e. startup, shutdown. and scheduled maintenance). (3-20-97) t Specification ofthe frequency at which each ofthe types ofexcess emissions events (i.e. startup. shutdown. and scheduled maintenance) are expected to occur. . (3-20-97) g. Forscheduled maintenance, the owneroropemtor shaH also document detailed explanations of: (4-5-00) i. Why the maintenance is needed (3-20-97) ii. Why it is impractical to reduce or cease operation ofthe equipment or emissions unit during the scheduled maintenance period. (4-5-00) 

### iii. Why the excess emissions are not reasonably avoidable through better scheduling of the maintenance orthrough betteroperation and maintenance practices. (3-20-97) iv. WhY. where applicable, it is necessary to by-pass, take offline, or operate equipment oremissions

Idaho Administrative B.Jletin Page 316 A.galt3, 1005 • VoL 05-8

### DEPARTIIENT

### OF ENVIRONMENTAL QUALITY DocketNo. 

### 58-tJ101..0503 Rulea lorthe 

### Control ofAIrPollution In Idaho Proposed 

### Rulemairlng unit at reduced efficiency while the maintenance is beingperfonned. (4-5-00) b. Justification to explain why the piece of equipment or emissions unit cannot be modified or redesigned to eliminate or reduce the excess emissions which occur during startup. shutdown, and scheduled maintenance. (4-5-00) 

### i. Detailed specification of the procedures to be followed by the owner or operator which wiD minimize excess emissions at all times during startup. shutdown. and scheduled maintenance. These procedures may include such measures as preheating orotherwise conditioning the emissions unitprior to its use orthe application of auxiliary equipment oremissions unit to reduce the excess emissions. (4-5-00) 03. Amendments to Procedures. The owneror operator shall amend, and the Department may require amendments to. the procedures established pursuant to Section 133 from time to time and as deemed reasonably necessary to ensure that the procedures are and remain consistent with good pollution control practices. (4-5-00) 84. FlUng ofExcess Emissions Procedures. (4-5-00)
L Unless otherwise**~uired** by the Department, the failure to prepare or file procedures pursuant to Subsection 133.02 shall not be a violatton ofthese Rules in and ofitself. (4-5-00) b. To the extent procedures or plans for excess emissions resulting from startup. shutdown. or scheduled maintenance are required to be or are otherwise submitted to the Department with any permit application, such submission, ifdeemed adequate bythe Department, shall fulfill the requirement under this Section to file plans andprocedures with the Department. (4-5-00) 134. UPSET. BREAKDOWNAND SAFETY REQUIREMENTS. The requirements in Subsections 134.01, 134.02, and 134.03 shall apply in all cases where upset or breakdown of equipmentoran emissions unit, or the initiation ofsafety measures, result ormay result in an excess emissions event. The owneror operator ofthe facility oremissions unit generating the excess emISsions shall demonstrate compliance with all of the requirements of Subsections 134.01, 134.02 and 134.03 as well as the development and implementation ofprocedurespursuant to Subsections 134.04 and 134.05 as aprerequisite to any consideration under Subsection 131.02. Where the owner or operatordemonstrates that because ofthe unforeseeable nature ofthe excess emissions event it is**~tical** to develop procedures pursuantto Subsection 134.04, the Department shaD exercise its enforcement discretion on 

### a case by case basis. (4-5-00) 01. Routine Maintenance and Repatn. For all equipment or emissions units from which excess emissions may occurduring upset conditions or breakdowns or implementation ofsafety measures, the facility owner or operator shall: (4-5-00)
L . Implement routine· preventative maintenance and operating procedures consistent with good pollution control practices for minimizing upsets and breakdowns or events requiring implementation of safety measures, and (3-20-97) b. Make routine repairs in an expeditious fashion when the owner or operator knew or should have known that an excess emissions eventwas likely. to occur. OtT-shift labor and overtime shall be utilized, to the extent practicable, to ensure that such repairs are made expeditiously. (3-20-97) 01. Excess Emissions Minimization and NotUkation. For all equipment or emissions units from which excess emissions result during**~t** orbreakdown conditions, or for other situations that may necessitate the implementation ofsafety measures which cause excess emissions, the facility owner or operator shall comply with the following: (4-5-00)
L The owner or operator shall immediately undertake all appropriate measures to reduce and, to the extent possible, eliminate excess emissions resulting from the event and to minimize the impact of such excess emissions on the ambient air quality and public health. (4-5-00) b. The owneroroperator shall notitY the Department ofany upsetlbreakdown/safety eventthat results

Idabo Administrative BDBeda Page 317 August 3.1005

- Vol 05-1 ,. 

# -

### DEPARTMENTOF 

### ENVIRONMENTAL QUAUTY Docket

### No. 51-0101..(1503 Rules 

### for the 

### Conttol 01AirPollution In Idaho 

### Proposed Rulemalrlng in excess emissions. Such notification shall identify the 

### time, specific location, equipment or emissions unit involved, and (to the extent known) the cause(s) of the occurrence. 

### T'bc notification shall be gjven as soon as reasonably possible. but no later than**twenty~four** (24) 

### hours after the event, unless the owner or operator demonstrates to the Department's satisfaction that the longer reporting period was 

### necessary.**(4~S-OO)** c. The owner or operator shall 

### report and 

### record the infonnation required pursuant to Sections 13S and 136 fur each excess emissions event caused by an upset, breakdown, or safety measure.**(3~20-97)** 03. DIscretionill")' Reduction or Cessadon ProvlsJons. During any period ofexcess emissions caused by upset, breakdown, or operation under facility safety measures, the Department may require the owner or operator to immediately reduce or cease operation ofthe equipment or emissions unitcausing the excess emissions until sucb time as the condition causing the excess emissions has been corrected orbrought under control. Such action by the Department sball be taken upon consideration ofthe following factors and after consultation with the facility owner or operator:**,(+S~OO)** L Potential risk to the public orthe environment.**(3~20-97)** b. Whether ceasing operations could result in physical damage to the equipment, emissions unit or facility, orcause injury to employees.**(+S~)** 

### e. Whether continued excess emissions were reasonably unavoidable as determined by the Department.**(4~S~)** II. The effect ofthe increase in pollution resulting from the shutdown and subsequent restart ofthe equipment or emissions unit orfacility.**(+S~)** 

### e. The owner or operator shall not be required to reduce or cease operations at the entire facility if reducing orceasing operations at a portion ofthe facility eliminates or adequately reduces the excess emissions.**'I.~ (+S~)**  

### 04. Excess Emissions Procedures. For equipment or emissions units and process upsets and breakdowns and situations that require·implementation of safety measures, which events can reasonably be anticipated to occur periodically but which cannot be reasonably avoided or predicted with certainty, the owner or operator sball prepare, implement, and file with the Department specific procedures which will be used to minimize such events and excess emissions during such events. To the extent possible and reasonably practicable (and based upon knowledge oftheprocessor emissions where measured datais not available), specify thefollowing infonnation for each typeofanticipated upset/ breakdowu/safety event:**(+S~)** L The specific airpollution control equipment or emissions unit and the type ofevent anticipated.**(3~20-97)** b. The specific _JNlllwttllfltllikely t6 

### be emiHetiemissions 

### in excess ofapplicable emission standards during the event**~** 

### e. The estimated 

### amount ofexcess emissions expected to be released during each event.**(3~20-97)** do The expected duration ofeach excess emissions event (3-20-97)


### e. An explanation ofwhy the excess emissions are reasonablyunavoidable.**(3~20-97)** f. The frequency ofthe type ofevent, based on historic occurrences. (3-20-97) g. Justification to explain why the piece of control equipment oremissions unit cannot be modified or redesigned to eliminate orreduce theparticulartypeofevent.**(3~20-97)** h.

. Detailed specification of the procedures to be followed by the owner or operator which will minjmize excess emissions at alJ times during such events, including without limitation those procedures 

### listed under

Idabo Administrative BuBedo 'ace321 August 3, 2005

- VoL 

### CJS.8 I ". \

### DEPAR11IIENT

### OF ENVIRONMENTAL QUALITY 

### Dock.tNo. 

### 58-0101-0503 Ruin forthe Control

### ofAirPollution In 

### Idaho 

### Proposed Rulemaklng Subsection 134.05. (3-20-97) 05. Amendments to Procedures. The owner oroperator shall amend, and the Department may 

### require amendments to, the procedures established pursuant to Section 134 from time to time and as deemed reasonably necessary to ensure that the procedures 

### are and remain consistentwith good pollution control practices. (4-5-00) FlUng OfExcess Emissions Procedures. (4-5-00)
•• Failure to follow procedures filed with the Department shall not preclude the Department from making a determination under Subsection 131.02 if the owner or operator demonstrates to the Department's satisfaction that alternate and equivalent procedures were used and were necessitated by the exigency of the 

### circumstances. (4-5-00) b. Unless otherwise required by the Department, the failure to 

### prepare or file procedures pursuant to Subsection 134.04 shall not be a violation ofthese Rules in and ofitself. (4-5-00)
Co To the extentprocedures or plans for excess emissions resulting from upsets, breakdowns or safety measures 

### are required to be or 

### are otherwise submitted to the Department with any permit application, such submission, ifdeemed adequate by the Department, shall fulfill the requirement under this Section to file plans and procedures with the Department. (4-5-00) 135. EXCESS EMISSIONS REPORTS. 01. DeadUne for EuessEmissions Reports. A written report for each excess emissions event shall be submitted to the Departmentby the owner oroperator no later than fifteen (15) days after the beginning ofeach such event. (3-20-97) 02. Contents OfExcess Emissions Reports. Each report shall contain the following information: (3-20-97)



# .. The time period during which the excess emissions occurred; (3-20-97) b. Identification ofthe specific equipment oremissions unit which caused the excess emissions; (3-20-97)
c. An explanation ofthe cause. or causes, ofthe excess emissions and whether the excess emissions occurred 

### as a result ofstartup, shutdown, scheduled maintenance, upset, breakdown or a safety measure; (3-20-97) d. An estimate of the tjfltMlity 6;,<eaeIt si,. J161h1ttiHfl emilleti emissions in excess of any applicable emission standard (based on knowledge ofthe process and facility where emissions data is unavailable);**~** 

### e. A description ofthe activities carried out to eliminate the excess emissions; and (3-20-97) f. Certify compliance status with the requirements of Sections 131, 132, 133.01, 134.01 through 134.03, 135, and 136. (4-5-00) g. Ifrequesting consideration under Subsection 131.02, certify compliance status with Sections 131, 132,133.01 through 133.03, 134.01 through 134.05, 135, and 136. (4-5-00) 

### (BREAKIN CONTINUITY

### OFSECTIONS)
155. CIRCUMVENTION. No person shall wiUfully cause or permit the installation or use of any device or use of any means wItieIt; 

### .tb.Id

Idaho Administrative BuUedn Page 329 August 3, 2005
- Vol. 05-8

### DEPARTIIIENTOF 

### ENVIRONMENTAL QUALITY 

### Dock., 

### No. 58.(1101-0503 RuiulOT

### the Conlrvl01AIrPollution In Idaho 

### Proposed Ru/emalrlng

(BREAKIN CONTINUITY

### OF SECnONS)
213. PRE-PERMIT CONSTRUCTION. This section describes how owners or operators may commence construction or modification ofcertain stationary sources before obtaining tbe required permit to construct. (3-23-98) 01. Pre-Permlt Constraetlon EligibiHty. Pre-permit construction approval is available for non-major sources and non-major modifications and for new sources ormodifications proposed in accordance with Subsection 213.01.d. 

### Pre-permit construction is not available for any new source or modification that: uses emissions netting to stay below majOr source levels; uses optional offsets pursuantto Section 206; orwould have an adverse impact on the air quality related values of any Class I area. 

### Owners or operators may ask the Dep.u1ment for the ability to commence construction ormodification ofqualifying sources under Section 213 before receiving the requiredpermit to construct. To obtain the Department's pre-permit construction approval, the owner or operator shall satisfy the following requirements: (4-5-00)

.. The owner or opet!ltor shall apply for a permit to construct in accordance with Subsections 202.0I.a., 202.02, and 202.03 ofthiS cbapter.

. (3-23-98) b. The owner or operator shall consult with Department representatives prior to submitting 

### a prepermit construction approval application. (3-23-98)


### e. Tbe owner or operator shall submit a ere-permit construction approval application whicb must contain, but not be limited to: a letter requesting the ability to construct before obtaining the required permit to construct, a copy ofthe notice referenced in Subsection 213.02; proofofeligibility; process description(s); equipment Iist(s); proposed emission limits and modeled ambient concentrations for all regulated air pollutants and toxic air pollutants, sucb that they demonstrate compliance with all applicable air quality roles and regulations. The models shall be conducted in accordance with Subsection 202.02 and with written Department approved protocol and submitted with sufficient detail so that modeling can be duplicated by the Department.**~** d. 

### Owners or operators seeking limitations on a source's potential to emit sucb that permitted emissions will be either below major source levels orbelow a significant increase must describe in detail in the prepermit construction application the proposed restrictions and certify in accordance with Section 123 that they will comply with the restrictions, including any applicable monitoring and reporting requirements. (3-23-98) 

### 02. Permit

### to Construct 

### Procedures for Pre-PermitConstruetlon. (3-23-98)

.. Within ten (10) days after the submittal ofthe pre-PC?Jmit construction approval application, the owner or operator shall hold an informational meeting in atleast one (I)location in the region in wbicb the stationary source or facility is to be located. The informational meeting shalJ be made known by notice published at least ten

. (10)days before the meeting in a newspaper ofgeneral circulation in the**coun~ies)** in wbicb the stationary source or facility is to be located. A copy ofsuch notice shall be included in the application.

. (3-23-98) b. Within fifteen (15) days after the receipt ofthe pte-permit construction approval application, the Department shall notify the owner or operator in writing of pre-permit construction approval or denial. Tbe Department may deny the pre-permitconstruction approval application for any reason it deems valid. (3-23-98)


### eo Upon receipt ofthe pre-permit construction approval letter issued by the Department, the owner 

### or operator may begin construction at their own risk as identified in Subsection 213.02.d. Upon issuance ofthe prepermit construction approval letter. any and all potential to emit limitations addressed in the pre-permit collStruction application pursuant to Subsection 213.0l.d. shall become enforceable. Theowneroroperatorshall not opemte those

IdahoAdministrative BuDedo Page 330 August 3, 2005

- VoL 05-8DEPARTMENT

### OF ENVIRONMENTAL QUALITY Docket

### No. 58-D101.f!J03 Rules 

### for the Con,",1 ofAirPollution In Idaho Proposed Ru/emalrlnll emissions units subject to pennit to 

### construct requirements in accordance with Section 200 unless and until issued a permitpursuant to Section 209. (5-3-03) d. If the pre-pennit construction approval application is determined incomplete or the pennit to construct is denied. the Department shall issue an incompleteness or denial letter pursuant to Section 209. Ifthe Department denies the permit to construct, then the owner or operator shall have violated Section 201 on the date it commenced construction as defined in Section 006. The owner or operator shall not contest the final pennit to construct decision based on the fact that they have already begun construction. (3-23-98)
(BREAKIN CONTINUITY

### OF SECnONS)
110. GENERAL EXEMPTION CRITERIA FORPERMIT 10CONSTRUCT EXEMPTIONS. 01. General Exempdoa Criteria. Sections 220 through 223 may be used by owners or operators to exempt certain sources from the requirement to obtain 

### apermit to construct. Nothing in these sections shall preclude an owner or operator from choosing to obtain a pennit to Ilonstruct. For purposes ofSections 220 through 223, the term source means the equipment or activity being exempted. For purposes 

### ofSections 220 

### throuP 223. 

### fupm emissions shall not 

### be considered in determining whether a 

## soun::e meets the a]).plicabie exemption criteria unless reqyired by federa1 law. No permit to construct is required for a source that satisfies all ofthe following criteria. in addition to the criteria set forth at Sections 221.222. or 223:**~** a. The maximum capacity of a source to emit an air pollutant under its physical and operational design without consideration oflimitations onemission such as airpollution control equipment. restrictions on hours ofoperation and restrictions on the type and amount ofmaterial combusted, stored orprocessed would not: (4-5-00) i. Equal orexceed one hundred (100) tons peryear ofany regulated air pollutant (4-5-00) ii. Cause an increase in the emissions of a major facility that equals or exceeds the significant emissions rates set out in the definition ofsignificant at Section 006. (4-5-00) b. Combination. The source is not part ofa proposed new major facility or part ofa proposed major modification. (4-5-00) 02. Record Reteadon. Unless the source is subject to and the owneroroperatorcomplies with Section 385, the owner oroperator ofthe source, except for those sources listed in Subsections 222.02.a. through 222.02.g., shall maintain documentation on site which shall identify the exemption detennined to apply to the source and verify that the source qualifies for the identified exemption. The records and docmnentation shall be kept for a period of time not less than five (5) years from the date the exemption detennination has been made or for the life ofthe source for which the exemption has been detennined to apply, which ever is greater, or until such time as a permit to construct or an operating permit is issued which covers the operation of the source. The owner or operator shan submit the documentation to the Department upon request. (4-5-00)
(BREAKIN CONTINUITY

### OF SECnONS)
440. REQUIREMENTS FOR ALTERNATIVE EMISSION LIMITS (BUBBLES). The owner or operator ofany facility may apply to the Department for a Tier I or Tier II operating**~it** (or a revision thereto) to authorize an alternative emission limit for any stationary source or emissions unit within the facility. The Department may issue or revise a Tier 

## n operating permit or issue a significant modification to a Tier I operating permitwhich authorizes an alternative emission limit provided that all ofthe following are met: (4-5-00) 01. Actual Embsions. There is DO increase.in actuaJ emissions ofthe applicable l'egtllatetiairpollutant at the facility.**~** 

# -,

IdahoAdministrative BuBeda Page331 August 3, 2005 • Vol. 05-1 

# -DEPARTWIENTOF ENVIRONMENTAL QUAUTY DocketNo. 58-0101-0503 

### Rul. fot' the Confrol

### of

### AirPollution In Idaho Proposed

### Rulemaldltfl

1tZ. Emission Reduetlons. All emission reductions satisfy the requirements for emission reduction credits (Section 460). (5-1-94) 03. Trade Requirements. All trades involve the same repIaI«Iairpollutant and demonstrate ambient equivalence

### as specified in Subsection 441.02.**~** 04.'. Applicable Requirement Prohibition. No applicable Section of40 CPRPart 60, 40CPR Part 61. or 40 CPR Part 63, best available control technology requirement, lowest achievable emission rate requirement, or visual emission standard isexceeded. (5-1-94) OS. Artua. BAPtrAPEmissioDS. The actual emissions ofany hazardous air pollutant or any toxic air pollutant are not incR:ased. (5-1-94) 06. Fugitive Dust Trades. Where the trade involves fugitive dust, the owner or operator shall undertake an adequate post-approval monitoring program to evaluate the ambient results of the controls. If the monitoring data indicate that the air qualityeffects are not equivalent, then:

. (5-1-94)



# .. Further reductions mustbe proposed by the owner oroperator; and/or (5-1-94) b. The applicable emission standards in the operatingpermit will beadjusted by the Department;

. .' (5-1-94) 07. CompUance Schedule EItenslon. Any compliance schedule extension for a facility in a nonattainment

### area is consistent with reasonable further progress. (5-1-94) 08. EPA Approval. Approval ofthe U.S. Environmental Protection Agency, and where necessary the appropriate court, has been obtained for any individual stationary source or facility which is the subject ofa federal enforcementaction oroutstanding enforcement order. (5-1-94) 441. DEMONSTRATION OFAMBIENT EQUIVALENCE. The demonstration ofambient equivalence shall: (5-1-94) 01. VOC Trades. For trades involving volatile organic compounds. show that total emissions are not increasedfor the airbasin inwhich the stationary source orfacility is located. (5-1-94) 1tZ. Otber Trades. For trades involving any other repIatetJ air pollutant, show through appropriate dispersion modeling that the trade will not cause a significant contribution at any modeled receptor.**~** 441.-459. (RESERVED). 460. REQUIREMENTS FOREMISSION REDUCTION CREDIT. In order to be credited in a permit to construct, Tier I operating permit or Tier II operating permit any emission reduction must satisfy the following: (5-1-94) 01. ADo"able Emlsslonl. The proposed level of allowable emissions must be less than the actual emissions of the stationary source(s) or emission unit(s) providing the emission reduction credit. No emission reduction(s) canbe credited for actual emissions which exceed the allowable emissions ofthe stationary source(s) or emission ooit(s). (5-1-94) 01. Timing ofEmission Reduction. In an attainment or unclassifiable area any emission reduction which occurs priorto the minor source baseline date must havebeen banked with the Department priorto the minor source baseline date in orderto be credited; in a nonattainment 

### area the emission reduction must 

### occur after the base year ofanycontrol strategy for the particular**~eti** airpollutant.**~** 03.

. Emission Rate Calculation. The emission rate before and after the reduction must be calculated using the samemethod and averaging time and the characteristics necessary to evaluate any future use ofthe emission

Idaho AdministrativeBuDetin Page332 Aupst 3.2005

- Vol. 05-1

## (:.­ DEPARTMENTOF

### ENVIRONMENTAL QUAUTY Rules 

### tOTthe Conttol 01AI,Pollution In Idaho Docket

### No. 58-0101.(1503 Proposed Rulemaidng reduction credit mustbe described. (5-1-94) 04. Permit IssuaDee. A permit to construct. ner

### Joperating permit orTier II operating permit shall be issued which establishes a new emission standard for the facility. or restricts the operating rate. hours ofoperation, or the 

### type or amount of material combustcd, stored or processed for the stationary source(s) or emission unit(s) providing the emission reductions. (4-5-00) 05. ImposedReductioD'. Emission reductions imposed by local. state orfederal regulations orpermits shall not be allowed for emission reduction credits. (5-1-94) 06. Mobile

### Sources. The proposed level ofallowable emissions must be less than the actual emissions ofthemobile sourcesorstationary sources providingthe emission reduction credit. Mobile source emission reduction credits 

### shall be made state or federally enforceable by SIP revision. The form ofthe SIP revision may be a state or local regulation, operating permit condition, consent or enforcement order. or any mechanism available to the state that is enforceable. (4-5-00) 

### (BREAKIN CONTINUITY

### OF SECTIONS)
S11. APPLICABILITY. The provisions of Sections 510 through 516 shall apply to existing. new. and modified stationary sources and facilities. The provisions of Sections 5 I 0 through 516 do not apply to stack heights in existence. or dispersion teclmiques implemented. on orbefore December 31, 1970. except where regulated or toxic airpollutant(s) are being emittedfrom such stacksorusing such dispersion tedmiques by sourceswhich were constructed, orreconstructed., or for which majormodifications were carried out. after December 31. 1970.**~** S12. DEFINITIONS. Forthe purpose ofSections 500through 516: (5-1-94) 01. DispenioD Technique. Any technique which attempts to affect the concentration ofa regulated

### m toxic air pollutant in the ambient air by:

__

### .J



# .. Using that portion ofa stack which exceeds goodengineering practice stack height; (5-1-94) b. Varying the rate of emission of a regulated or toxic air pollutant according to atmospheric conditions or ambient concentrations ofthat I't!platetitfi,.pollutant; or**~** eo Increasing final exhaust gas plume rise by manipulating source process parameters, exhaust gas parameters. stack parameters, or combining exhaust gases from several existing stacks into one (1) stack, or other selective handling of exhaust gas streams so as to increase the exhaust gas plume rise. This does not include the reheating ofa gas stream. following use of a pollution control system, for the purpose ofreturning the gas to the temperature at which it was originally discharged from the facility generating the gas stream; smoke management in agricultural or silvicultural prescribed burning programs; episodic restrictions on residential woodburning and open burning; techniques which increase final exhaust gas plume rise where the resulting allowable emissions of sulfur dioxide from the facility do not exceed five thousand (5.000) tons per year; or the merging ofexhaust 

### gas streams where: (5-1-94) i. The source owner or operator demonstrates that the facility was originally designed and constn1cted with such merged gas streams; (5-1-94) ii. After July 8. 1985. such merging is part ofa change in operation at the facility that includes the installation ofpollution controls and is accompanied by a net reduction in the allowable emissions ofa regulated .Q[ i.w.W;. air pollutant. This exclusion from the definition of "dispersion techniques" shall apply only to the emission limitation for**~e** regulated air pollutant affected by such change in operation; or**~**

Idaho Administrative BulledD Pagelll Augustl,2005 • Vol. 05-8

### DEPARTIIENTOFENVIRONMENTAL QUALITY Doc/ref

### No. 58-0101-(1_ Rulea

### for the 

### Conlrol 01 

### AI,Pollution In Idaho PropolJed

### Rulemald"ll
lll. Before July 8, I98S, such merging was partofa change in operation at the facility that included the installation ofemissions control equipment or 

### was carried out for sound economic or engineering reasons. Where there was an increase in the emission limitatiOn or, in the event that no emission limitation was 

### in existence prior to the merging, the reviewing agency shall presume that merging was significandy motivated by an intent to gain emissions credit for greaterdispersion. Absent a demonstration by the SOW'CC owner or operator that merging was oot significantly motivated by such intent, the reviewing agency shall deny credit for the effects of such merging in calculatingthe allowable emissions for the SOW'CC. (S-I-94) 01. Excessive Concentration. For the purpose ofdetermining good engineering practice stack height in a fluid modeling evaluation or field study as provided for in Subsection S12.03.c. "Excessive Concentration" 

### means: (S-I-94)
L For sources seeking credit for srack: height exceeding that established under Subsection SI2.03.b., a maximum ground level concentration due to emissions from a stack due in whole or in partto downwash, wakes, or eddy effects produced by nearby structures or nearby terrain features which individually is at least forty percent**(4()1'~)** in excessofthe maximum concentration experienced in the absence ofsuch effects, and whichcontributes to a total c:oncentration due to emissions 

### from all sources that is greater than an ambient air quality standard. For sources subject to the prevention of significant deterioration program. an excessive concentration alternatively 

### means a maximum ground-level concentration due toemissions from a stack due in whole or in partto downwash. wakes, or eddy effects produced by nearby structures or nearby terrain features which individually is at least forty percent**(400~)** in excess of the maximum concentration experienced in the absence of the maximum concentration experienced in the absence ofsuch downwash, wakes, or eddy effects and greater than a prevention of signifICant deterioration increment. The allowable emission rate to be used in making demonstrations under Subsection S12.02.a., shall beprescribed bythe new source performance standard that is applicable to the source category unless the owner or opemtor demonstrates that this emission rate is infeasible. Where such demonstrations are approved by the Department, an alternative emissionrate shall beestablished in consultation with the source owner oroperator. (S-I-94) 

# ?:.. b. For sources seeking credit after October I, 1983. for increases in existing srack beights up to the heights established under Subsection SI2.03.b., either: (S-I-94) i. A maximum ground-level concentration due in whole or in part to downwash, wakes or eddy effects as provided in Subsection SI2.02.a., except that the emission rate specified by any applicable SIP or. in the absence ofsuch a limit, the actual emission rate shan beused; or (S-I-94) ii. The actual presence.ofa 

### local nuisance caused by the existing srack as determined by the authority administering the Department. (S-I-94)
c. For sources seeking credit afterJanuary 12, 1979, for a stack height determined under Subsection SI2.03.b., where the Department requires the use of a field study or fluid model to verify GEP stack height, for sources seeking srack height credit afterNovember 9, 1984, based on the aerodynamic influence ofcooling towers, and for sources seeking stack height credit after December 31, 1970, based on the aerodynamic 

### influence of structures not adequately 

## represented by the equations in Subsection SI2.03.b., a maximum ground-level concentration due in whole or mpart todownwash, wakes oreddyeffectsthatis atleast forty percent**(4()1'~)** in excess ofthe maximum concentration experienced in the absence ofsuch downwash, wakes, or eddy effects. (S-I-94) 03. Good Engineering Practice (GEp) Stack Height. The greaterof: (S-I-94)
L Sixty-five (65) meters, measured from the ground-level elevation at the base ofthe stack; (S-I-94) b. For stacks in existence on January 12, 1979, and for which the owner oroperator had obtained all applicable preconstructionpermits or approvals required, H=2.5S provided

### the owner oroperatorproduces evidence that this equation was actually relied on in establishing an emission limitation. For all other sracks provided that the Department may require the use ofa field study or fluid model to verify GEP stack height forthe SOW'CC, 

### H=S+ J.SL

Idaho Administrative RuBedn Page 334 August3. 2005 • VoL D5-8

### DEPARTMENTOF

### ENVIRONMENTAL QUALITY 

### Docket

### No. 58-0101-1)503 Rules 

### foT the Con"'" 

### ofAI,Pollution In Idaho Proposet;I Rulemaklnfl where: (5-1-94) i. H = good engineering practice stack height measured from the ground-level elevation at the base of the stack. (5-1-94) ii. S = height ofnearby structure(s) measured from the ground-level elevation at the base ofthe stack. (5-1-94) 

### iii. L= lesser dimension, height or projected width, ofnearby structure(s). (5-1-94)
e. The height demonstrated by a fluid model or a field study approved by the Department which ensures that tbe emissions from a stack do not resultin excessive concentrationsofany regulated airpollutant as a result of atmospheric downwash, wakes, or eddy effects created by the source itself. structures, or terrain features.**~** 04. 

### Nearby Structures or Term. Features. "Nearby" as applied to a specific structure or terrain feature under the definition of"good engineering practice stack height"; and (5-1-94)
L Forpwposes ofapplying the formulae provided under Subsection 512.03.b., means that dis1BBce up to five (5) times the lesser ofthe height orthe width dimension ofa structure, butnot greater than one-half(ll2) mile (0.8 km); and (5-1-94) b. For conducting demonstrations under Subsection 512.03.c., means not greater than one-half(O.S) mile (0.8 km), except thatthe portion ofa terrain feature may be considered to be nearby which falls within a distance ofup to ten (10) times the maximum height ofthe feature, not to exceed two (2) miles ifsuch feature achieves a height one-half (0.5) mile (0.8 km) from the stack that is at least forty percent (4001e) ofthe GEP stack height determined by the formulae provided in Subsection SI2.03.b., or twenty-six (26) meters. whichever is greater, as measured from the ground-level elevation at the base ofthe stack. The height ofthe structure or terrain feature is -'.. measured from the ground-level elevation at the base ofthe stack. (4-5-00) 05. Staek 

### 10 Existence. The owner or operatorhad: (5-1-94)
L Begun, orcausedto begin, a continuous program ofphysical on-site construction ofthe stack; or (5-1-94) b. Entered into binding agreements or contractual obligations which could not be cancelled or modified without substantial loss to the owner or operator, to undertake a program ofconstruction ofthe stack to be completed in a reasonable time. (5-1-94) 513. REQUIREMENTS. The required degree ofemission control ofany regulated airpollutant shall not be affected bythe amountof any stack height that exceeds good engineering practice (GEP) orby any other dispersion technique.**~** (BREAKIN CONTINUITY

### OF SEC170NS)


### 560. NOTIFICATION 10 SOURCES.

. The Department will assure that all significant sources off'egNltlletltbe applicable air pollutant(s) are notified oftbe emergency stage bytelephone or other appropriatemeans.**~** 

### 561. GENERAL RULES. All persons in the designated stricken area shall be governed by the following rules for each emergency episode stage. The Director may waive one (I) or more ofthe required measures at each episode stage if. on the basis of information**av~ilable** to him, hejudges that a measure is an inappropriate response to the specific episode conditions which then exist. (5-1-94)

IdaboAdministrative BaUetto Page 335 August 3, 2005
- VoL 

### f5.8 

# -

### DEPARTMENTOF

### ENVIRONMENTAL QUAUTY Dodcet No. 

### 5IJ.0101-951)3 Rulea fOI'the ControlofAI, Pollution In Idaho 

### Proposed Rulemalrlng


### '1. Stage 

### I - AIr PoDution Forecast 

### ud Caution. There shall be 

### no new ignition ofopen burning of any kind. The Directormay 

### require, ifpracticable, orin an emergency situation, the cessation ofany open burning. (3-15-02) 02. Stage 2 - Alert. (5-1-94)



# .. There shall be no open burning ofany kind. (5-1-94) b. The use ofburners and incinerators for the disposal ofany form ofsolid waste shall be prohibited. (3-15-02)
c. Persons operating fuel-burning equipment which requires boiler lancing or soot blowing shall perform suchoperations only between the hours of 12:00 pm (noon) and 4:00 p.m. (5-1-94) d. Commercial, industrial and institutional facilities utilizing coal or residual fuel oil are required to switch to natural gas or distillate oil ifavailable. (5-1-94) 03. Stage 3 - Warning. (5-1-94)



# .. There shall be no open burning ofany kind. (5-1-94) b. The use ofburners and incinerators for the disposal ofany form ofsolid waste orliquid waste shall be prohibited. (3-15-02)
Co Persons operating fuel-burning equipment which requires boiler lancing or soot blowing shall perform such operations onlybetween the hours ofl2:00pm (noon) and 4:00 p.m. (5-1-94)
either. 

### d. Commercial, industrial and institutional facilities utilizing coal or residual fuel are required to (5-1-94) i. Switch completely to natural gas ordistillate oil; or (5-1-94) ii. Ifthese low sulfur fuels 

### are not available, curtail the use ofexisting fuels to the extent possible without causing injury to persons ordamage to equipment. (5-t-94) 04. Stage 4 - Emergency. This will be called only with specific concurrence ofGovemor. (5-1-94)



# .. There shall beno open burning ofany kind. (5-1-94) b. The 

### use ofburners and incinerators for the disposal ofany form ofsolid or liquid waste shall be prohibited. (3-15-02) All places ofemployment described below shall immediately cease operations: (5-1-94) i. All mining and quarrying operations; (5-1-94) ii. All construction wOIk except that which must proceed to avoid injury to persons; (5-1-94) iii. All manufacturing establishments except those required to have in force an airpollution emergency plan; (5-1-94) iv. All wholesale trade establishments, i.e. places of businessprimarily engaged in sellingmerchandise to retailers orindustrial, commercial, institutional orprofessional 

### users, orto otherwholesalers, oracting 

### as agents in buying merchandise for or selling merchandise to 

### suchpersons or companies except those engaged inthe distribution ofdrugs, surgical supplies and food; (5-1-94)


# .- Idabo Admlulstrative Balledu Page 336 Augult 3, 2005

- Vol. 05-8

### ~.DEPARTMENTOF ENVIRONMENTAL QUAUTY Docleet

### No. 58-0101-0503 Rules 

### for 

### the Con "'" 

### ofAI, Pollution In Idaho Proposed Rulemalrlng

v. All offices oflocal, county and 

### State government including authorities, joint meetings, and other public bodies excepting such agencies which are detennined by the chiefadministrative officer oflocal. county, or State government authorities,joint meetings and other public bodies to be vital for public safety and welfare and the enforcement ofthe provisions ofthis order; (5-1-94) vi. All retail trade establishments ex.cept phannacies, surgical supply distributors, and stores primarily engaged in the sale offood; (5-1-94) vii. Banks, credit agencies other than banks, securities and commodities brokers, dealers, exchanges and services; offices ofinsurance carriers, agents and brokers, real estate offices; (5-1-94)
Vlll. Wholesale and retail laundries, laundry services and cleaning and dyeing establishments; photographic studios; beauty shops,barber shops, shoe repair shops; (5-1-94)

. ix. Advertising offices, consumer credit reporting, adjustment and collection agencies; duplicating. addressing. blueprinting; photocopying. mailing. mailing list and stenographic services; equipment rental services, commercial testing laboratories; (5-1-94)


### x. Automobile repair, automobile services, garages except those located adjacent to state or interstate highways; (5-1-94) xi. Establishments rendering amusement and recreational services including motion·picture theaters; (5-1-94) xii. Elementary and secondary schools, colleges, universities, professional schools, junior colleges, vocational schools, and public and private libraries. (5-1-94) d. All commercial and manufilcturing establishments not included in this order will institute such / actions as will result in maximum reduction of f'Bgtl1atetJ the applicable air pollutant(s) from their operation by ceasing, curtailing, or postponing operations which emit 1'8gfIIatetithe applicable air pollutants to the extent possible 

# ­ without causing injury to penons or damage to equipment. These actions include limiting boiler lancing or soot blowing operations for fuel burning equipmentto between the hours of 12:00pm (noon) and4:00 p.m.**~** e. When the emergency episode is declared for carbon monoxide, the use of motor vehicles is prohibited except in emergencies orwith the approval oflocal or state police orthe Department (5-1-94)
(BREAKIN CONTINUITYOF SECTIONS)
575. AIR QUALITY STANDARDS AND AREA CLAssmCAnON. Ambient Air Quality Standards. The purpose ofSections 575 through 587 is to establish air quality standards for the state ofIdahowhich define acceptable ambient concentrations**8.f~letla;"pelhHSltI8** consistent with established air quality criteria.**~** (BREAKIN CONTINUITY

### OF SECTIONS)
SSl. PREVENTION OFSIGNIFICANTDETERIORATION (PSD) INCREMENTS. The purpose ofSection 581 is to establish the allowable degree ofdeterioration for the areas within the State which have air quality better than the ambient standards. (5-1-94) 01. Cia. I, nand 

# m Areas. In any area designated as Class I, II, or 

## m. increases in any ambient concentration over the baseline concentration shallbe limited to the following:

Idabo AdmJniltrative BaDeda Page 337 Augult3, 2005

- Vol. CJS.8


# -

### DEPARTMENTOF 

### ENVIRONMENTAL QUALITY 

### DocketNo. 

### 5Uf01-9_ Rules lot'the Control

### ofAIrPollution In Idaho 

### ProposedRulemakltlfl**~.~ ~** **,,,.~** .'"" .;( -.**~ ':'~** **""'''J'~' ~"r**  

# 1\**1t/~:'~~~t;~r"~ ?;.:~..** **;.~ ~~".~~**  l ;,**'~** , " (', '.,:

. ' •• .., II

. .**~"** - j ,\ "**~** -' 1**~** r - '"

.. .... f ' t -. '" N

.... ". , .,",'.', (". ,';''' 

### l . l .**'~."** '

'?

..**",~ ~;.**  .. ,,( '"**_~ "It~**  .:",.':**~~.** -<-,......""'",**'~. ~._**  ,",," 1:: ."t;;..,>,£

..**f~i _.X.~l_.:**  ..£**~** ClASS I AREAS PM-10: Annual arithmetic mean 4 Maximum twenty-four (24) hour 8 average Sulfur dioxide: Annual arithmetic mean 2 Maximum twenty-four (24) hour 5 average 25 Maximum three (3) houraverage Nitrogen dioxide: Annual arithmetic mean 2.5 ClASS II AREAS PM-10: Annual arithmetic mean 17 Maximum twenty-four (24) hour 30 average Sulfur dioxide: Annual arithmetic mean 20 Maximum twenty-four (24) hour 91 average 512 Maximum three (3) hour average Nitrogen dioxide: Annual arithmetic mean 25 CLASS III AREAS PM-10: Annual arithmetic mean 34 Maximum twenty-four (24) hour 60 average Sulfurdioxide: Annual arithmetic mean 40 Maximum twenty-four (24) hour 182 average 700 Maximum three (3) hour average Nitrogen dioxide: Annual arithmetic mean 50 (5-3-03) 02. Esceedances. For 

### any period other than an annual period, the applicable maximum allowable 

### increase may be exceeded 

### during one (I) suc:h period

### per year at anyone (I) location. (5-1-94) 03.

. Eseluslons. The following concentrations shall be excluded in determining compliance with the maximum allowable increases: (5-1-94)
Idabo AdministrativeBaDetta Page33S AUlust 3, 2005

- Vol. 05-8

### DEPARTMENTOF 

### ENVIRONMENTAL QUALITY 

### DocketNo. 58-0101..0503 Rul_ 

### for the Confrol

### ofAirPollution In Idaho 

### ProposedRulemtiklng

L Concentrations attributable to the increase in emissions from facilities which have converted from the use ofpetroleum products, natural 

### gas. or both by reason ofan order in effect under the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason ofa natural gas curtailment plan in effect pursuant to the 

### Federal Power Act, over the emissions from such facilities before the effective date of such order orplan; this shall not apply more than five (5) years afterthe effective date ofsuch order or plan; (5-1-94) b. Concentrations of PM-lO attributable to the increase in emissions from construction or other temporary emission-related activities ofnew or modified facilities; (7-1-97)
c. The increase in concentrations attributable to new facilities outside the United States over the concentrations attributable to existing facilities which are included in the baseline concentration; and (5-1-94) d. Concentrations attributable to the" temporary increase in emissions of sulfur dioxide, nitrogen dioxide, or particulate matter from facilities which are affected by a revision to the SIP approved by the U.S. Environmental Protection Agency; this exclusion shall not exceed two (2) years unless a longer time is approved by the U.S. Environmental Protection Agency, is not renewable. and applies only to revisions which: (5-1-94) i. Would not affect I'flgIIItIIetI fIWthe a,wlicable pollutant concentrations in a Class I 

### area or an 

### area where an applicable increment is known to be violated and would not cause or contribute to aviolation ofan ambient air quality standard; and**~** ii. Require limitations to be in effect at the end ofthe approved time period which would ensure that the emissions from facilities affected by the revision would not exceed those concentrations occurring before the revision was approved. (5-1-94) (BREAKIN CONTINUITYOF SECTIONS) 67,). AVERAGING PERIOD. For purposes ofSections 675 through 680, emissions shall be averaged according to the following, whichever is the lesserperiod oftime: (5-1-94) 01. One Cycle. One (I)complete cycle ofoperation; or (5-1-94) 01. One Hour. One (1) hour of operation representing worst-case conditions for the emission of**~tiai"p6:httaltl8** particulate matter.**~**

Idaho Administrative BuDedn Page 33') August 3, 1005 •

### Vote 05-8

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### .­ 

### LIST OF PUBLIC COMMENTS Proposed Rules forthe Control ofAir Pollution In Idaho Docket Number 58"()101"()503 Deadline for Comment: September 7.2005 Submitted By 

### Date Received
Katharine Gerrity, Legal Analyst Legislative Services Office State Capitol Boise, 10 83720-0054 July 28, 2005

Katharine Gerrity, Legal Analyst Legislative Services Office State Capitol Botse, 10 83720-0054 William M. 

### Eddie Advocates forthe West P.O. Box 1612 Boise, 10 83701 (submitted on behalf of Idaho Conservation League) Certificate of 

### Hearing July 13, 2005

September 7, 2005

September 7, 2005 

# -

## RECEIVED 

# Legislative Services Office JUL 282005 

# Idaho State Legislature Ofllce ofthe Attomey General IPEQ 

### Carl F. Bianchi Director State Capitol P.O. Box 83720 Boise, JD 83720-0054 

### July 28, 2005 208/334-2475; Fax 334-2125 www2.stale.id.us/legislal



### Paula 

### J. Wilson Hearing Coordinator Department of Environmental Quality 

### 1410 N. Hilton Boise, 1083706-1255 Dear Ms. Wilson: The Senate and House Subcommittees for review ofadministrative rules have reviewed the proposed changes to the Department of Environmental Quality rules: IDAPA 68.01.01 Rules for Control ofAir Pollution in Idaho/Defines "Regulated Air Pollutant" (Docket#68-0101-0603) 68.01.01 Rules for Control ofAir Pollution In Idaho/Updates Citations to Federal Regulations (Docket#68-0101-0606) 68.01.01 Rules for Control ofAir Pollution In IdaholProvldes Consistency between Major 

### & MinorAirQuality Pennlttlng Programs (Docket

### #58­ 0101-0606) 68.01.06 Rules 

### &Standards for Hazardous Waste (Docket#68-0106-0601) 68.01.13 Rules for Ore Processing ByCyanldatlon (Docket #68-0113-0601) 68.01.17 Wastewater-Land Application Pennit RulesITo Modify 

### & Clarify Existing Water Quality Limits 

### &Other Requirements (Docket #68-0117-0601) 68.01.17 Wastewater-Land Application Permit Rules/Public PartiCipation Provisions (Docket #68-0117-0602) No meeting will 

### be held, and we are pleased to report that no objections will 

### be filed.

# :;;=~~ Katharine A. GJr,rlty Principal Legal Analys 

### KAGlca

Mike Nugent, Supervisor Jeff'Youtz, Supervisor Ray InICk, Supervisor Glenn Harris, Supervisor



### Research & 

### Legislation Budget & 

### Policy Analysis Legislative Audits Network Administration mnugent@lso.state.id.us jyoutz@lso.state.id.us rineck@Jso.state.id.us ghanis@lso.state.id.us

# Legislative Services Office Idaho State Legislature RECEIVED Carl F. Bianchi State Capitol 

### Director 

# JUL 13 2005 P.O. 

### Box 83720 Office of the Attomey General 

### Boise. ID 8372()'()()S4 IDEO 208l334-247S; Fax 334-212S www2.state.id.usllegislat 

# MEMORANDUM

TO: Rules Review Subcommittee ofthe Senate Health and Welfare Committee, the • Senate Resources and Environment Committee and the House Environment, Energy and Technology Committee FROM: Research &Legislation Staff**~** 

## Katharine Gerrity**~** 

## DATE: July 11, 2005 SUBJEer: 

## Department ofEnvironmental Quality IDAPA 58.01.01

- Rules for the Control ofAir Pollution in Idaho IDAPA 58.01.01

- Rules for the Control ofAir Pollution inIdaho IDAPA 58.01.01

- Rules for the Control ofAir Pollution inIdaho IDAPA 58.01.05

- Rules and Standards for Hazardous Waste 

# *'IDAPA 58.01.13

- Rules for Ore Processing By Cyanidation 

# * IDAPA 58.01.17

- Wastewater-Land Application Pennit Rules 

# *' IDAPA 58.01.17

- Wastewater-Land Application Pennit Rules

1. 

## IDAPA 58.01.01

- Rules for the Control ofAirPollutiQD 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, negotiated rulemaking was conducted in developing the rule, the pmpose ofwhich is to fulfill a number ofrequirements stemming from legislation passed during the 2005legisiative session. Specifically, the Department notes that HB 230 and SB 1228 require the Departmentto adopt rules defining the term "regulated airpollutant" as it applies to various Clean Air 

## Act permit to construct and operating permitprograms and to 

## adopt rules that 

## are consistent with the Clean Air

## Act and its implementing regulations in regard to the permit applicability treatment offugitive 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 Nugent, Supervisor JerrVoutz, Supervisor Ray 

### fneck, Supervisor Glenn Harris, Supervisor

Research & 

### Legislation Budget & 

### Policy Analysis Legislative Audits Network Administration mnugent@lso.state.id.us jyoutz@)so.state.id.us rineck@lso.state.id.us gharriS@lso.state.id.us 

# l

## 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 co,mnns that the rule does not regulate an activity not regulated by the federal govemment, nor is itbroader 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 as mandated by the U.S. Environmental Protection Agency for approval ofthe state's Title V Operating Pennit 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 confinns that the. rule does not regulate an activity not regulated by the federal govern:m.ent, nor is itbroader in scope or more stringent than 

## federal law orregulations. \ 

## 3. IDAPA 58.01.01

- Rules for the Control ofAir Pollution in Idaho 

## ( The**Departm~nt** 

## ofEnvironmental Quality submits notice·ofproposed rulemaking 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 Department states that 

## last year itrevised its majorpennitting program due to changes in federal law and this particularrule change will revise a number ofdefinitions to provide consistency betweenthe major and minorair 

## quality permitting programs as well as add 

## two new subsections allowing for the transfer ofpennit to 

## construct and Tier II operating permits. The Departmentindicates that both major and minor sources ofair

## pollution, special interest groups,

.public offica1s, and members ofthe public who have an interestin 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 confinns that the rule does not regulate an activity not regulated by the federal govemment, nor is itbroaderin scope ormore stringent than 

## federal law orregulations. 4. IDAPA 58.01.05

- Rules and Standards for Ha1.ardous

# waste The Department submits notice ofaproposed rule at IDAPA 58.01.05

- Rules and 

# ( Page20f 5

# c Standards for Hazardous Waste. According to

## the Department, the rule is 

## updated annually to 

## maiD.tain consistency With the U.S. Environmental Protection Agency's federal regulations implementing the Resource Conservation and Recovery Act as directedby 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 regulated community and required federal regulations are necessary to maintain program primacy. The Department adds that adoption by reference allows it to 

## keep its rules up to date with federal regulation changes, minimizes the EPA Region 10 effort needed to keep Idaho's authorization current and simplifies compliance for the regulated community. This rule updates citations incorporatedby 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 itto 

## adopt amendments to federal law as proposed. 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. 5. IDAPA 28.01.13

- Rules for Ore Processing 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 passed during the 2005 legislative session relating to 

## bonding, closure plans, and time mimes 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 rulemaldng was conducted with interested parties as well as the Department ofLands. The Department notes that the Idaho Mining Association, IndependentMiners Association, the Idaho Conservation League, Idaho Rivers United, the U.S. EPA, mining companies, associated grass 

## roots environmental and multiple use organizations,

. and the public at large may be interested in commenting on the proposed rule. The proposed rule appears to be authorized by Chapter 1, Title 39, Idaho Code. The Department states thatthe rule makes revisions to a currentexisting rule that regulates an activity not regulated by 

### the federal government. However, the Legislature directed the Departmentto promulgatetelDporary rules to implement the provisions by

### August 1,2005, and, consequently, the Departmenthas done so to meet the directive. 

## 6. lPAPA 58.01.1

# Z - Wastewater-Land ARPIication Permit Rules 

# c. Page 3of 5 .

## The Department 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 pending and

## temporary rule. If

## adopted by the Board, the temporary rule would become effective December 7, 2005. According to 

## the Department, negotiatedrulemaking was conducted in developing the rule. The Department states that the rulemaking has 

## been initiated to modify and clarify existing waterquality limits and otherrequirements for the various classes ofmunicipal reclaimed wastewater, to 

## add and clarify various definitions, and to change the name ofthe rules. The Department adds thatthe rulemaking is necessary because ithas 

## determined that the existing waterquality limits and otherrequirements for Class A and Class B reclaimed wastewatermay be too strict. The name ofthe rules is being changed to reflect the desire ofthe Department 

## and stakeholders to 

## go beyondjust

## land application ofwastewater in the field ofreuse, land application being a subset ofthe broader scope ofreclaimed wastewater reuse. A number ofother "housecleaning" changes 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 onthe rule. The proposed rule appears to be authorized by Chapter 1, Title 39, Idaho Code. The Department indicates thatthe role regulates an activity notreculated by the federal government and sets forth within its 

### Notice ofRulemaking requisite additional information punuantto the provisions ofSubsections (3) and (4) ofSection 39-107D, Idaho Code,for 

## review bythe committees. The Departmentstates thatthe requirements setforth in the proposed rule are based upon studies and analysis conducted by otherstates, theU.S. Environmental ProtectionAgency, and nationalwaterreuse organizations that indicate the requirements are protective ofhuman health andtheenvironment and do not pose an unreasonable rlak,to the pub6cpotentiaJly exposed. According to theDepartment,the studies and analysis

## wDI beincluded 

## in the rolemaking record and can bereviewed during the pubUc commentperiod for further detaDed information regarding

### risk. 

## 7. IDAPA 58.01.17

- Wastewater-Land &!plication Permit Rules The Department ofEnviromnental Quality submits notice ofproposed rulemaking at IDAPA58.01.17 • Wastewater-LandApplication Permit Rules. The Department notes that 

## aNotice ofNegotiated Rulemaking was published but no members ofthe public attended the meeting. The Department did receive one written comment. According to

## the Department, the wastewater-land application permitrules do not currently require the Department to providepublic 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 5

# c to revise the permitting schedule to allow the director 60 days after issuance ofa draft

## pennit to issue the final pennit. The rule currently allows the director 30 days to issue the final pennit. 

## The Department continues that in orderto maintain the 180 

## day permitting schedule, the number'of days allowed for the director to make an application completeness detennination would decrease fonn 60 to 30. The 

## rule also adds a provision allowing for additional infonnation or consultation between the applicant and the Departmentifnecessary to clarify, modify or supplement the application. The Department notes that the Idaho Association ofCommerce and Industry, the Idaho Association ofCities, consulting engineers, existing and 

## potential pennittees, 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 tenns of Section 39-1070, 

## Idaho Code, compliance, that 

## Section provides, in part, that "anyrule fonnulated and 

## recommended by the department to the board 

## which is broader in scope or more stringent than 

## federal law orregulations, 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 the following reasons: I)

## The Department asserts that there is no federal law orregulation that is comparable to the Wastewater-Land Application Pennit Rules. Based on this fact, the Department indicates that the proposed changes 

## are not broader in scope ormore stringent than 

## federal law orregUlations. 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

## aregulatory program to an 

## area or activity not regulated by the federal government. The 

## Department clarifies, however, that eventhough the rule simply changes the public participationprovisions in an existing program and does not expand regulation to a new activity, the 

## existingprogram 

## does regulate activities not regulated by the federal government. The Department adds that the Wastewater-Land ApplicationPennit 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 Departmentadds that the rulemaking does not propose any 

## standards relating to human health orthe environment, but simply public participation provision.!. The committees may consider that this fact distinguishes this rule, in tenns ofthe applicability of the provisions ofSection 39·1070,

## 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 of June 14,2005.



## cc: Department ofEnvironmental Quality PaulaJ. Wilson Martin Bauer John Brueck John Lawson Mark

## Mason Rick Huddleston 

# (.- Page 5 of 5I 

# ..IlDVOC..llTESJ..sWEST Public Interest Environmental Law 

## September7, 2005 PaulaWilson DBQ State Office 1410 

## N. Hilton Boise, Idaho 83706 

# RECEIVED SEP 0 7 

# 2005 ( 

## COCKETNO_.

CEQ Hearings-

______

Coon::linabl'

__

Re: DBQ Rulemaking Docket 58-0101-0503 (Rules implementing H230 and S1228) 

## DearMs. Wilson: These comments

# are submitted on behalfofIdaho Conservation League in 

## reference to DBQ Rulemaking Docket 58-0101-0503. The Idaho Conservation League ("ICL") is 

## Idaho's largest and oldestorganization devoted to the protection ofIdaho's clean water, wilderness and quality oflife. Its community conservation program works to 

## protect communityhealth, clean water and clean air. 

## ICt's 3300 members work, live and recreate throughoutthe entire state of Idaho. ICL has 

## a direct interest in 

## this rulemaking docket because it implements laws that have weakened air 

## qualityprotections, and therefore pose a threat to the health of ICL members, as well as to the ability ofICL and its members to 

## protectpublic health and the environment from air

## pollution. Unlawful Procedure 

## The Clean Air Act and its implementing regulations require the State to follow certain specific procedures before adopting a revision to a State Implementation Plan ("SIP") and later submitting it to the U.S. Environmental Protection Agency ("EPA") for approval. The specific procedures are found at 

## 40 C.F.R. § 51.102. The State is 

## required to 

## hold a public hearing after "reasonable notice." The tenn "reasonablenotice" means that at least "30 days priorto the date ofsuch hearing" the State must display a "prominent advertisement in

## the area affected announcing the date, time and place ofthe hearing," among othernotice and recordkeeping requirements, such as notice to EPA ofthe hearing. 40 C.F.R. § 51.102(a) and (d). This rulemaking's history begins with the Idaho federal court's decision published at Idaho Conservation League v. Boer. 362 F.Supp. 2d 1211 (D.Idaho 2004). That decision inspiredthe Idaho Association ofCommerce and Industry (lACI) to draft and lobby the legislature to adopt significant changes to Idaho's air 

## quality program. The IACI bill first emerged as H230 within the House State Affairs committee for printingon February 16, 2005. On 

## February 24, 2005, the House Bnvironment, Bnergy and Technology Committee held a hearing and recommendedpassage ofH230. At some point in the process, IACI then drafted and soughtpassage ofa ''trailerbill" (SB 1228) to significantly modify H230 by adding a definition of"regulated air pollutant" to (,_

P.O. Box 1612. Boise, 10 8370I 208-342-7024 

### Fax: 208-342-8286 www.AdvocatesWest.org

# ( ICL Comments on H230/S

## 1228 Implementation Page 2 of6 include the federal list ofhazardous airpollutants. The first public mention ofS 1228 of which ICL is aware occurred on March 16,2005, at the Senate Health and Welfare Committee hearing. Even at that committee meeting, lACI spokesman DickRush didnot have an official "RS" draft ofthe trailerbill to 

## provide to the Committee. A few days 1ater (March 21,2005), the Senate Judiciary and Rules Committee voted to print RS 15168 (whichbecame SI228),but the minutes reflect that this print hearing was not even on the Committee's agenda for that 

## day. The very next day (March 22, 2005), at the Senate Health and Welfare Committee hearing on S 1228, the Committee chair allowed lACI to present the bill, but then immediately called a vote on the bill without any opportunity for public comment. The Governor ultimately signed the H230/S 1228 

## package on April 6, 2005. Ofcourse, in this rushed process to 

## adopt H230 and S 1228, the State never even attempted to comply with the Clean Air Act notice requirements for SIP revisions. Committee meetings surely are open to the public, but in some cases the relevant committees provided only same-day notice (or no notice at all) that they would consider H230/S1228. 

## Neither DEQ nor any state agency circulated any document to explain the full impact ofH230 or S1228 on the air 

## program or air quality. DEQ's comments at committee meetings were very limited, and generally made in response to questions from legislators.

. This haphazard process significantly prejudiced ICL's interests and the interests ofits members. One ofICL's fundamental purposes is to inform its members around the state ofimportantchanges in po1icy that might impact their health and enjoyment oftheir property, and to facilitate citizen involvement in those changes. ICL's goals in that regard parallel the intent ofthe Clean Air

## Act'sregulations requiring healthy public participation for SIP revisions. Because ofthe inadequate notice and information provided for H230 and S1228, ICL was· unable to provide adequate information to its members on what the impact ofthe bills on the overall airprogram mightbe, when the bills wouldbe considered at committee meetings, to whom written comments should be directed to, and whether oral comments would even be received by the committees. For S1228, the public was essentially in the dark on the bill's very language until the day before it was taken up the Senate Health and Welfare Committee; and then that the Committee tookno pubJic comment at all. This political process may be the ordinary course ofaffairs for other changes in state law. But it surely is not the ordinary or legal course for adopting a change in a SIP. Forpresent purposes, ICL is submitting these comments to protectits right to appeal and seekjudicial review ofthe proposed rule changes. However, we recognize that H230 and S1228 accord DEQ no discretion to make any changes to any ofthe substantive provisions in those new provisions ofIdabo Code, nor to 

## the regulations now proposed to implement them. For example, even ifateam ofNobel prize winning scientists were to submit highlypersuasive. science-backed comments in this docket stating, for example,

. that fugitive emissions ofvolatile organic compounds should be counted toward


# -

applicability determinations for permitting purposes so as to protect human health, DEQ

## ICL Comments on H230/S1228 Implementation Page 3 of6 would be powerless to change the fact that H230 and S1228 demand such emissions be excluded. 

# (
In short, these changes were adopted and fixed when the governor signed H230 and S1228. DEQ's issuance ofthese iules is nothing more than a ministerial action incumbent upon the agency perH230 and S1228; and the public commentperiod provided for these proposed rules is apro fonna exercise which cannotpossibly result in a substantive change in

## the rules. Nor can DEQ's commentperiod correct the State's violations of40 C.F.R. § 

## 51.102. InadequateAuthority ToEnsureMaintenance Of

## NAAQS ICL has the following comments on the substantive impact ofH230 and S1228, although we recognize DEQ is powerless to address these comments. The State must make a demonstration that its rules "are adequate to provide for the timely attainment and maintenance ofthe national standard that it implements." 40 C.F.R. § 

## 51.112(a). The State also is required to

## justifY the application ofits "legally enforceable procedures" for reviewing new sources: These procedures must identifY types and sizes offacilities, building, structures, or instal1ations which will be subjectto review under this section. The plan must discuss the basis for determinmg'which facilities will be 

## subject to review. 

## ( 40 C.F.R. § 

## 51.160(e). Dust From Animal Operations As DEQ is aware, dust emitted from animal feeding operations can result in the exceedance of NAAQS. DEQ brought an enforcement action in 2004 against Seth Matthews dba Matthews Sunnyside Feedlot preciselybecause airquality data collected nearthe feedlot showed particulate levels ofapproximately "twice the level offederal health-based standards." DEQNews Release (4122/04). 

## Unfortunately, excessive dust from feedlot operations is a common problem in manyparts ofthe state.
. Underthe current SIP, DEQ has the authority to require feedlots to obtain permits to construct, and thus provide assurance that dust managementplans are in-place. Yet after H230 and S1228, that authority will be stripped from DEQ. DEQ will have only the limited, after-the-fact enforcement authorities provided at Rules 650 and 651 ofthe Idaho Air Rules and the Idaho Protection and Health Act. As 

## demonstrated in the Matthews case, such after-the-fact authorities are grossly inadequate, since they allowed the public to be 

## exposed to levels ofparticulates at double the health-based standard.

,,- Because there wi1l be no SIP-basedpennitting for fugitive dust sources (except in the rare case where federal law requires it), DEQ will not be 

## able to require fugitive dust

## ICL Comments on H230/S1228

## Implementation Page 4 of6 management plans at the construction or operation stage toprevent 

## feedlots and similar 

# ­ fugitive sources ofdust from causing exceedances ofNAAQS. Rather DEQ will only be able to take enforcement action after such exceedances have already occurred. The new SIP, ifapprovedby EPA, will be inadequate to 

## ensure new and existing sources of fugitive dust do not cause exceedances ofNAAQS. Ammonia From Animal Operations In rules governing transportation conformity issues, EPA recently formally recognized ammonia as aprecursor to PM-2.5 production. 70 Fed.Reg. 24,280 (May 6, 2005). This rule requires consideration ofammonia in PM-2.5 SIPs (for nonattainment and maintenance areas) in areas where on-road emissions ofammonia are a significant contributorto PM-2.5 production. It is reasonable to anticipate ammonia will be 

## treated as aprecursorin the forthcoming PM-2.5 NAAQS implementation rule. As DEQ is aware, ammonia plays a significant factor in episodes ofhigh**PM~2.5** 

## levels in the Treasure Valley: Oxides ofnitrogen, sulfur dioxide, and ammonia are precursors, or ingredients, ofsecondary particulate matter. Ammonia gas forms ammonium' nitrate particulate matter when it reacts with nitric acid in the air. Ammonia gas forms ammonium sulfateparticulate matter when it reacts with sulfuric acid in the air. On the most polluted days, approximately 48% of

## PM2.s is made up ofammonium nitrate and ammonia sulfate.
DEQ research indicates that other "ingredients" (NOx and S02), or precursors, are less abundant than ammonia in the Treasure Valley, and therefore limitthe formation ofsecondary particulates. However, increases in anyone ofthe precursor emissions increases the potential for additional secondary aerosol formation. Increases to ammonia emissions shouldbe considered equally along with those ofthe other precursors. Idaho DEQ, Treasure Valley Air Quality Issues: Ammonia. Particulate Matter. and VOC Emissions at 5 (2003) (internal citations omitted). See also National Research Council, Air Emissions from Animal Feeding Operations at 52 (2003). The 2002 NASS Census ofAgriculture found there were approximately 266,000 cattle in Ada, Canyon, and Payette counties, some 62,000 ofwhich were milk cows. Ammonia emissions from milk cows can be 

## measured with reasonable accuracy using the thresholds recently submitted to DEQ byICL and the Independent Dairy Environmental Action League. The lowest emission rate for ammonia specified in the thresholds agreement was about 100 tons ofammonia per 5000 head (on drylot dairies). Flush and scrape dairies have much higher ammonia emission rates. Even assuming (for illustrative 

# ­ purposes) that all Treasure Valley milk cattle are housed on drylots, their ammonia

## ICL Comments on H230/S1228 Implementation Page Sof6 emissions would total over 1,200 tons per 

## year. Adding beefcattle ammonia emissions, even under ultra-conservative assumed emission factor of20 pounds per head per year, would take the total ammonia emissions from animal feeding operations to well over 3000tons per year. Under the current SIP, ammonia is a regulated air

## pollutant because it is a pollutant regulated underSection 112(r) ofthe Clean Air Act. DEQ therefore has the authority to regulate ammonia emissions from dairies and 

## feedlots under the SIP's permitto construct program. That SIP authority is stripped by H230 and S1228. DEQ's ongoing rulemaking for air

## quality control at dairies is not final. Moreover, ICLunderstands DEQ does not intend the new rules for dairies to be part ofthe federally enforceable SIP at all. Therefore the new rules cannot make up forthis deficiency. The new SIP, if approved byEPA, will be inadequate to ensure new and existing sources ofammonia (fugitive or stack) do not cause exceedances ofNAAQS. VOCs From Animal Operations Emissions ofvolatile organic compounds ("VOC") from livestock operations are significant, and many such emissions are from fugitive sources. VOCs are aprecursorto the formation ofozone. 

## In the Treasure Valley, Idaho DEQ reports that air quality monitors in both Ada and Canyon Counties detected exceedances ofthe federal standards for ozone during summer2002, noting: These exceedances raise the possibility ofozone andlor PMl.S 

## nonattainment designation for the Treasure Valley. Moreover, continued degradation ofair qualitywilljeopardizepublic health and could severely impact the economy and development ofthe region. http://www.deq.state.id.uslair/data NP0rtslmonitoringlbro.ctin The San Joaquin Valley Air

## Pollution Control Districtrecently adopted a final emission factor for VOC emissions from dairies in the amount of19.3 poundslheadlyear. Although ICL is not aware ofthe final adoption ofany emission factor for VOC emissions from beefcattle, such emissions surely are not zero. For conservative estimation, for beefcattle we will use the figure 6.8 poundslheadlyear, which researchers at UC Davis found for enteric emissions from dairy cattle (actual emissions are surely· much higher). Using the animal numbers in the 2002 NASS Census ofAgriculture, dairy cattle in Ada, Canyon, and Payette counties account for about 1.2 million pounds orabout 600 tons of VOC emissions in the Treasure Valley each year (and growing). Using the conservative estimate noted above, beefcattle would also account for nearly 700 tons ofVOC emissions. Payette County recently approved a dairy of 11,000 animals, thus adding approximately 106 tons ofVOC emissions to the Treasure Yaney airshed without any analysis or assessment ofthe impacts ofsuch emissions on our currendy tenuous attainment status for ozone. . 

# (

### ICL Comments on H230/S1228 Implementation Page 6 of6 

# - DEQ presently can regulate dairies under the PTC program to ensure applicable NAAQS are not violated. The SIP changes adopted byH230 and S1228 will eliminate that authority. DEQ will have no authority to regulate new fugitive sources ofVOCs to ensure they do not cause violations ofNAAQS. The new SIP, ifapproved byEPA, will beinadequate to ensure new and existing fugitive sources ofVOCs do not cause exceedances ofNAAQS. 

### Backsliding ICL is concerned that the H230 and Sl228 changes constitute backsliding and violate requirements under the Treasure Valley Maintenance Plan and any othernonattainment or maintenance plan. For example, Section 6.6 ofthe Maintenance Plan specifically cites Rules 200 et seq. as part ofthe State's "Permitting Program to Ensure that New Sources will not Jeopardize Continued Maintenance." As set forth above, H230 and S1228 significantly reduce DEQ's authorities under Rules 200 et seq., and therefore its ability to regulate emissions ofparticulates andprecursors to particulate formation. This change in law calls into question DEQ's abilityto fulfill the Maintenance Plan and other obligations in maintenance and nonattainment areas. . Conclusion Dueto the procedural defects identified above, the proposed rules are not approvable by EPA as federally enforceable revisions to Idaho' State Implementation Plan. Moreover, the proposedrules strip DEQ ofanymeaningful authority to prevent exceedances of NAAQS for particulates and ozone causedby animal feeding operations and other fugitive sources ofparticulates, ammonia, and VOCs.

William M. Eddie On behalfofIdaho Conservation League 

# -

# (
CERTIFICATE OF HEARING

SUBJECT: Rules for the Control ofAir Pollution in Idaho, Docket Nos. 58-0101-0503, 58-0101-0505, and 58-0101-0506 LOCATION: DEQ Conference Center, 1410 N. Hilton, Boise, Idaho HEARING DATE: September 7, 2005 The undersigned designated hearing officer hereby certifies that on the 7th 

### day of September, 2005, a public hearing was held on the Rules for the Control ofAir Pollution in Idaho atthe DEQ conference center in Boise, Idaho. The hearing commenced at 4 p.m. and was adjoumed at 

## 4**~** 

## 30 p.m. Members ofthe public attended the hearing but did not wish to present oral testimony. Notice ofthis hearing appeared in the Idaho Administrative Bulletin, as required by Idaho Code Section 67-5221, on August 3,2005. This publication was timely made and other necessary notice requirements have been met. (



### DATED this 7th 

### day ofSeptember, 2005.

LarryWe s Hearing Officer

CERTIFICATE OF HEARING

## SIGN-IN ROSTBR POR**P~LIC** 

## HIEARING Rules forthe Control ofAir Po(

### ~n In Idaho

LOCATION: Department of Environmental Quality Conference Center, 1410 N. Hiiton, Boise, Idaho DATE: September 7, 2005 

## NAME (PLEASE PRINT) Do you wieh to Do you wieh to 

## MAILING ORGANIZATION REPRESENTED comment on comment OD. 

## ADDRESS (IF ANY) Docket Ro. Docket Ro. 58-0101-0503 58-0101-0505· 

## 1M .(.,-,,,,

# t!,i~M~rtJ 

# --­**.~** 

# N11

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# trlL


# - (Vo 

# ND**~~tl.** 

# Ii II

-



## ) ) Do you .tah to 

# I comment OD. Docket Ro. 58-0101-0506 

# tJt, 

# tVo



# ,

# .'

.

# ~ State ofIdaho 

# ,JCjJ:/.'

. . . 

## DEPARTMENT OF ENVIRONMENTAL QUALITY

. . . 

# ".

, " 

## Board ofEnvironmental Quality

.• i j ,'" i**~.** '­

1410 North Hilton, BeI

..,ID 83108-1261, (208) 373-0502 Dirk Kempthome, Governor Toni Hardesty, Director


### DECLARATION OF RULEMAKING BY THE BOARD OF ENVIRONMENTAL QUALITY ADOPTION OF PENDING RULES DOCKET NO. 58-0101-0503 Pursuant 

### to the authority granted 

### to the Board of Environmental Quality in Title 39, Chapter 1, Idaho Code, and underthe 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 ) 

### ss. County ofAda ) 

### On this 17th 

### day of November, 2005, 

### before me, the undersigned. a Notary Public in and for said State, personally appeared John R. MacMillan, Chairman, known to me 

### to be the person whose name is 

### subscribed to the within instrument and acknowledged 

### to me that he executed the same. IN WITNESS WHEREOF, I have set my hand and**~ffixed** 

### 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. 5S0101-0503 The proposed rule was published in the Idaho Administrative Bulletin, August 3, 2005, Vol. 05-8, pages 308 through 339. IDAPA 58.01.01.006 IDAPA 58.01.01.007 IDAPA 58.01.01.008 IDAPA 58.01.01.133 IDAPA 58.01.01.134 IDAPA 58.01.01.135 IDAPA 58.01.01.155 IDAPA 58.01.01.213 IDAPA 58.01.01.220 IDAPA 58.01.01.440 IDAPA 58.01.01.441 IDAPA 58.01.01.460 IDAPA 58.01.01.511 IDAPA 58.01.01.512 IDAPA 58.01.01.513 IDAPA 58.01.01.560 IDAPA 58.01.01.561 IDAPA 58.01.01.575 IDAPA 58.01.01.581 IDAPA 58.01.01.679 DEQ recommends that the Board take the folowing action: ADOPT AS AMENDED ADOPT AS PROPOSED ADOPT AS PROPOSED ADOPT AS PROPOSED ADOPT AS PROPOSED ADOPT AS PROPOSED ADOPT AS PROPOSED ADOPT AS PROPOSED ADOPT AS PROPOSED ADOPT AS PROPOSED ADOPT AS PROPOSED ADOPT AS PROPOSED ADOPT AS PROPOSED ADOPT AS PROPOSED ADOPT AS PROPOSED ADOPT AS PROPOSED ADOPT AS PROPOSED ADOPT AS PROPOSED ADOPT AS PROPOSED 

# ­ ADOPT AS PROPOSED



# -

## RULE PROMULGATION AUTHORITY CHECKLIST Rules for the Control ofAir Pollution in Idaho, IDAPA 58.01.01 Docket No. 58-0101-0503 DATE INITIALS 

# ,I ;1)

# O~ Legal Review 

## of Proposed Administrative Rules Form

# ~ 

# M Director Approval of Proposed Administrative Rules Form Approval Received from DFMlGovernor Legal Review of Notice of Negotiated Rulemaking
Director Approval of Notice of Negotiated Rulemaking Legal Review of 

## Proposedrremporary Rule Docket
Director Approval of Proposedffemporary Rule Docket
Board Adoption ofTemporary Rule Legal Review of Pendingrr emporary Rule Docket
DirectorApproval of Pendingrremporary Rule Docket

....:;;..- 

## Board Adoption of Pendingrremporary Rule

## STATE OF IDAHO OFFICE OF THE ATIORNEY GENERAL LAWRENCE G. WASDEN



### October 

### 19, 2005

Board ofEnvironmental Quality 

### 1410North Hilton 

### Boise, Idaho 83706 THISCORRESPONDENCEISA LEGALGUIDELINI! 01'TIlE ATTORNEYGENERAL SUBMI'n'm:FORYOURGUIDANCE 

### DearMemben oftile 

### Board: Attho October 

### 12, 2005 meeting ofthe 

## BOard ofEnvironmental Quality,

### you asked tho Attorney General's Office for a legal opinion as to

### whether, when passing lIB 

### 230 and SB 

### 1228, the 

### Idaho Legislature's process conformed to 

### 40 CPR 

### § 51.102 

## sucll that 

### the 

### statute amended 

## underthe 

### bills 

## can be 

### submitted to

### EPA as a State 

### ImplementationPlan (SIP) revision withoUt further

### process? Tho 

### short 

### answerto

### this 

### question is 

## no. Backgrougd

## I'am In

### response to 

### a federal court

### decision1

### regarding implementation of The

### Rules forthe Control ofAir 

### Pollution in 

### Idaho, IDAPA 58.01.01, most ofwhich

### are partofidaho'sfederally 

### approved SIP, the 

### 2005 Idaho Legislature passed

### lIB

### 230 and SB 

### 1228. These 

### bills made changes to 

### Idaho Code § 39-115 oftho 

### Environmental Protection and HeaI1hAct, Idaho Code 

### § 39-101 et seq. 

### The changes directthe 

### DepartmentofEnvironmental Quality (OEQ)to 

### develop rulesthat 

### (1) define the

### term regulated air 

### poUuw.t

## as itapplies to

### the various federal 

### Clean Air

### Actprograms, and (2)

## ensure fugitive 

## emissions are only included in permit 

### applicability

## determination 

## as required by

### federal law. DocketNo. 5s..o1 0I-OS03 

### includes tho 

### proposed rule changes (the Rule) developed 

### as aresultofthe 

### statutechango. Advocates fortho West commented on the Rule docket 

### both in 

### writing on September7, 2005·and orally 

### attho Board Hearing on October 

### 12, 200S.Among other theycontend that the 

### legislative process under which

### the statuto changes were made 

### does not comportwith the process 

### required for a SIP

### revision under 40 CPR 

### § 51.102. Analysll 

### 40 CPR § 

### 51.I02(a) states in pertinentpartthat 

### "States must

### conduct one ormore public bearings on the 

### following priorto

### adoption and submission to

### EPA of (I)any 

### plan orrevision of

### itrequired by

### Section 51.102(a)•.•" Section 51.102(

### d) states:

1

### Idaho Con.rervatlon Uagus

### v. Boer, 362 F.Supp.2d 1211 (D. 

### Idaho 20(4).

NatuI1ll DlvllIon. EnviIOIiII118IItaI QuaUtr Section. 1410 N. HIton. 2nd Floor. BoIIe,IdatIo 83708-1256 Telephone: (208) 373-0484. FAX: (208) 373-0481

### BoIrd of

### Environmental Quality 

### October 

### 19.2005 Pap20fl

(d) Any

### hearinaRlquired by

### paraaraph (a) ofthis section win be held only afterreasonable notice, which will be consideredto 

### include, 

### at least 

### 30 days 

### prior to 

### the date ofsuch hearing(s):
­ 

### (1) Notice giveatothe 

### public by 

### promineat 

### advertisemeat in 

### the area aft"ectecllDDOUOCiDa

### the date(s), 

### timo(l), and place(s)

### ofsuch hearina(s);



### (2) Availabilityofeach 

### proposedplan orrevision for public inspection in at 

### least one 

### location in

### eachreaion to

### which it

# win apply, and the 

### availability of eachcompliance schedule for public inspection in at

### least one location inthe 

### region in which the 

### affec1ecI source is 

### located;

(3) 

### Notificationtothe

### Administrator (throopthe 

### appropriate llegional 

### Office);

(4) Notification to

### each local air

### pollutioncontrol agency

### which

# win be sipificantly

### impacted by

### such plan, 

### schedulo orrevision;

(S) 

### Inthe 

### case ofan 

### interstate reaion. notificationto any

### other States included, in

### whole or in part, 

### inthe

### re&ions 

### which are sipificantlyimpacted by 

### such plan

### or

### schedule orrevision. It

### is unclearwhether, when the leplature

### passed lIB 230 

### and SB 1228, 

### itfollowed 

### the SIP revision 

## process. Itdoes 

### not appearthat

### 'an)'Olle had 

### the opportunity to

### review SB 1228 for 30 days 

### priortothe legisla1uie actina upon 

### it. The**legisl~** 

### however, does not submitthe 

### statuterevision to 

### EPA as 

### a SIP 

### revision. DEQ, 

### as delepteclto by

### the 

### Governor's office, will 

### submitthe 

### statute and 

### Rule revisionsto EPA as a SIPrevision for

### approval. Thus, DEQ mustensurethe 

### public hearina 

### provisiOn required under 40 CPR § S

### 1.102 is metpriorto

### submittal. Ifas result 

### ofthe 

### hearin& DEQ determines

### the revised statute 

### does 

### notcomportwith the 

### Clean AirAd,then 

### it should 

### sugpsttothe

### IepJaturea correction to the



### , statute. AUacb.ecI 

### as ExhibitA is a 

### notice 

### ofhearinathat

# win appear inthe

### November

### Administrative

Bulletin. Because the 

### Rule wiS

### promulptec1 pursuantto

### the 

# statute chanae, an argument

### could be madethatthe 

### Rule was improperly adopted 

### per Section SI.I02. 

### In 

### my opinionthat

### araumentwould notprevail as the process requirements 

### ofSection S

### 1.102 were followed in

### promulgation ofthe

### Rule. Furthermore, the 

### Rule will notbe submittedto

### EPA withoutthe 

### statute. It;

### as a result 

### ofthe

### public hearina on the statute, 

### DEQ 

### does suagestchanges to

### the 

### leplature, and the 

### lepJature

### makes the 

### chanaes, then a 

## new rule must be neaotiated and

### presentedto

### the 

### Board for 

### adoption

.



# . In

### regard to 

### DocketNo.**S8-0101~S03,** 

### the 

### Board has at

### leasttwo 

### options. It

### can adopt

### the Rule prior

### to 

### the hearing on the 

### statute chanae, with

### the 

### understand.inaitmay need to 

### revise the 

### Rule at 

### aliterdate if, 

### as aresult

### ofthe

### hearin& 

### corrections to

### the statute 

### mustbe made

### priorto 

### submittalto 

### EPA as a SIP revision. Or, the Board

### could choose to 

### delay action on 

### the 

### proposed Rule 

### until after

### the 

### hearina on 

### the statute is 

### provided. Ifanychanaes are made to

### the 

### statute that

### necessitate chanaes to

### the Rule, 

### after another

### negotiateclrule process 

### a 

## revised rule would be 

### proposed to

### the 

### Board. 

### IfDO 

### chanaes

## were made, then the Board 

### could adoptthe Rule 

### withthe knowledae that

### the statute 

## wiD not

### chanppriorto 

### submittal to-

### EPA as a SIPrevision. In retrospect,. 

### DEQ perlJaps 

### should have put

### the 

### statutechanges with 

### the 

### RuJe chanaes out to

### public comment atthe 

### same time. Or, DEQ could have put

### the statute 

### outto comment

### priorto, 

### or durin&. 

### the negotiated

### rulemaking.

# .. Board ofEDvironmental Quality Oetober 

### 19,2005 Paae30f3 

### Generally speakin& 

### tho 

### actions tabn by

### DEQ, 

### such as rulemak.inp and 

### permit issuances, 

### follow the 

### procedures listed in 

### Section 51.102. 

### This eliminates tho oeed.

### to conduct an additional process priotto submittal to EPA. There 

### are 

## times when components that 

### DEQ intends to adopt and 

### submit as • SIP revision are initially developed 

### under • process that 

### does 

### notmeetthe requirements of40 CPR 

### § S 

### 1.1 02. 

### Forexample, when DEQ neaotiated 

### ItACT limits for 

### an 

## industrial source, it

### did not put

### that 

### document outto public 

### con:unent 

### priorto entering into

### the Order. Rather, 

### the 

## document

## was put

### outto 

### public commentas partof

### a nonattaiQment aiea 

### SIP, after

### tho signing oftho 

### Order. I(

### during public 

### COID1I1C8t, DEQhad received 

### a 

## commentthat 

### atfectedthat

## Order, then 

### it

### would hawrevised theOrder

### accordingly. 

### Similarly, woodstove 

### programs, sanding

## programs, inspectiOD and 

### maintenance programs, and

### othercontrol measures that 

### are 

### intcDdecito become 

### part ofan area SIP

### may not initiallybe 

### adopted by

### the relevant governing body 

### (i.e., city

### or county government) pursuantto Section 

### 51.102. Consequently, 

### like the chanses 

### to Idaho Code § 

### 39-llS,they,too, 

### are put

### outto commentand 

### hearing pursuant

### to Section 

### 51.102 

### priorto submiUal to EPA. Ultimately, DEQ 

### intends to submit Idaho 

### Code 

### §39-115 and

### the Rule 

### cbanses 

### promulgated pursuant 

### thereto 

### as a SIP revision when 

### finalized. 

### Priorto submittal, DEQ will comply withthe

### requirements of 40 CPR§ 

### 51.102. I hope 

### this legal guidelineprovides helpful respoilsesto yourquestions. It should be

### understood that

### this guideliDe is 

### not adirective but 

### is 

### an objective 

### review ofwbatstatutes

### and 

### rules authorize, as

# wen as the best

### prediction 

### available ofhow areviewing 

### court is 

### likely to view that

### authority. Ifyou have any

### questionsregardingthis legal guideline, please do 

### not hesitate 

### to contact

### me at

### (208) 

## 373- 

# ­ 0494.



### Enclosures

cc: Toni Hardesty, 

### Director Martin 

### Bauer,Air QualityAdministrator>,



### IDAPA 58 • DEPARTMENT OF ENVIRONMENTAL QUAUTY DOCKET NO. 58-0000-05OI NOTICE OF PUBUC HEARING ON THE PROPOSED REVISION TO THE IDAHO STATE .PLBlENTATION 

### PLAN.

CHANGES TO SECTION 31-111, ,IDAHO CODE



### A1JTBORITY: III IlCCOIdauce wi • ..., 

### CFIl51.102,

## aoCice. hereby

## aiveo that 

### tbiJ 

### qeacypropoeea to

### hold.public 

## heuiDa OIl a

### proposed revisiOll tothe State 

### ImplemeDtatioa Plan (SIP). PUBLIC IIL\RINGSCJDDULI!: A public

## heariD& OIl the proposed rmaOll to the SIP willbe held u 

### followl: Decea

....S,

### 2805, 3:. p.IL 

### D

........ 

## .,Bam.

....1111 

### Q •

## .utJ**C.~** 

### .. Roo•• 

### 14flN. JUIt.1I, .....,

### I

..... Thebell'iDllite(.)

### wiD be

### ace.ibIetoponIOIII

### wida diaabilitia llequeIta for 

### 1ICON00nodalioamuatbe made 

### no ..... dwafhe (5)dayI

### priorto

### die 

## beariJIa. For

### arI8DIomeaII. contactthe uadenipedat

### (201) 373-0418. DJ:SCRIPI'IVB SUMMARY: Tbe Depertment

### ofBaviroamoatal Quality 

### (D8Q) hereby 

## PYel aoCice 

### tt.t it

### iateacIa to 

### bold a public 

### hcariDa OIl a :propoIIDd SIP RNisiOD 

### that itinteoda to submitto the P.aviroDm.eacal 

### ProtectiODAprtI:y 

### (EPA). TIle nrrisiOll 

### iDcludela Chanae made to SectioD 

### 39-115. Idaho 

### Code. of

### dao BaviromneDtal ProIectiaiI and 

### Health Actpunuaatto

### lIB 230 and

# u. lniIer bill, SeDate 

### Bill 1228, puaeclby tho 

### 2005 Idaho 

### I.csiIJature and aiped by 

### die Gowmor. TbiJ 

### statute 

## chaoae directaDBQ to

### develop rulea 

### that I)

### define dao 

### tam regulated air

### pollutant u it appUeI to

### die vaRot.W 

### fccleral ClcID AirAct propama; and 2) eaIUIe :fbaidve emiui_ lie only iaclucfed 

### ill permit 

# :!..eUility dctermiDItioaJ 

### u required by federalla",. 

### R.ule Docket 

### No. S8-0101-0503 con1aiu tho 

## JlI'OPOIOCl rule developed u 	• 

### reau1t of

### tile tepaJatioD.**~.** 

### AVA.D..A81L1TY OF THE REVISED STATUTE: A copy of SectioD 

### 39-1l5,ldabo Code, • available at http:// 

### www3.1t1te.id.urlcJi-binlDewidlt?sctid-3900100I5JC, orby 

### coatactinatile 1Uldersiped.


### DateddUa 

### 11.day ofOctobcr. 

### 2005.

Paula

## i. Wtlaon 

## Rearm Coordinator 

### ofBaviJODmeDtal Quality 

### 1410 N.Hilton Boiae, 

### Idaho 83106-125S (208)

### 373-04181PaxNo. (208) 313-0481 plUla.wilIc:m(jdeq.idaho.JOY

ldab.A.dlDlalatntIY. BaDeda



### .... 63 N."

...ber

### 2. 2885·VoL 85-11

### Docket Number: 58:0101-0503 Effective Date: 

### 2006 Sine die Rules Title: 

### Rules for the Control 

## ofAir Pollytion in Idaho Agency Contact and Phone: 

### Martin Bayer. 373-0440

. Public Notice Negotiated Rule Making: 

### [X] Ves []No Groups Involved: 

### sign-in sheet attached
Descriptive Summary: 

### House 8111230 and Senate Bill 1228 

### require the Department of Environmental Quality (DEQ) to adopt rules that define the term "regulated air pollutant" as it applies to various Clean Air Act (CAA) permit to construct and operating permit programs. In addition, these bills require DEQ to adopt rules that are consistent with the CAA and its implementing regulations in regard to the permit applicabilitytreatment offugitive emissions. Revisions to the Rules for the Control of Air Pollution in Idaho will clarify certain rule sections

. and permit requirements to ensure conSistency with federal CAA requirements. One public comment was received. The proposed rule has not been revised in response to that comment. However, the definition of 

### Modification at Subsection 

### 006.56 has been revised to clarify the intent of H230 and 51228 

### and to ensure the state only toxic air pollutant program continues to operate as it has since inception. DEQ recommends that the 

### Board adopt the rule. as presented in the final proposal, as a pending rule with a final effective date coinciding with the adjournment sine die 

### of the Second Regular Session of the Flfty-eighth Idaho Legislature. The rule is subject to review by the Legislature before .becoming final and effective. Hearings: 

### [X] Ves [

### lNo Locations and Dates: 

### Boise, 9/7105

Written Comment Deadline: 

### 917105

Coat Impact Agency: There will be no additional costa 

### to the agency due to these rule changes. Regulated Community: 

### These rule revisions may potentially save money and resources 

### for certain Industries. 

### Relevant Statutes: 

### Idaho Code §§ 

### 39-105 

### and 107. 

### House Bill 230 and Senate Bill 1228 

### (codified at Idaho Code § 39­ 

### 1151 Idaho

### Code § 

### 38-1070 Statement:

### This rule does not regulate an activity not regulated by the federal government. nor is 

### It broader in scope or more stringent than federaJ regulations. IdahoCode § 67-5221(c) Fiscal Impact Statement: 

### No negative Impact occurs from this rulemaking; provision is not applicable.

Rulemaking and Public Comment**Su",~ry** 

### - Page 1 

# j 

# r ) ,

### I ( ) 

# J**Tempo~'Y~R~ul~e----·~·~·~··~----------~~~-'-~----~** 

# )_.--------------------­ 1 J 

### NeCeSSaryto proteCt public health. safety or welfare [ ] Compliance 

### with deadlines in amendments to governing law orfederal programs [ ] Conferring a benefit

Docket Number: 

## 58-0::12::1**:a~a** 

### Outstanding laues Rule Summary SectIon Summary of 

### Rule Changes EXisting Rule Summary Temporary and/or Proposed Baaed on Public Comment None. Control Technology deleted. 006 

### The definition of 

### ModifICation at General Definition •• Definition of 

### Best Available Subsection 006.56 

### has been Other definitions revised revised. The sponsors of 

### H230 p!lr&uant to H230 and 51228. and-its trailer bill. 51228, 007 acknowledged and agreed that the. legislation did not alter the DefInitions for

### the Purposes of Definition of Reasonable Further Progress revised by deleting the state's existing state only toxic air SectIons 200 through 228 and 

### word ·regulated- before the Dhrase "air oollutant" 400 through 461. pollutant program. In revising 

### the definition of 

### Regulated Air 

# ooa DefInitions forthe Purposes of 

### Definition of 

### Major Facility Pollutant as a result of

### the revised by deleting Incorrect Sections 300 through 386. legislation, and In revising the intemal cross-reference citation. definition of Modification to make 133 Startup, Shutdown and Subsection 133.02.b revised by the state's minor permitting deleting reference to 

### "regulated Scheduled Maintenance program consistent with the air pollutanr and replacing with Requirements. major program I 

### the state only "emissions." toxic air pollutant review 

## was 134 

### Upaet. Breakdown and 

### Safety Subsection 134.04.b revised by inadvertenUy removed. Requirements. deleting reference to 

### ·regulated Proposed Subsection 006.56.b air pollutant" and replacing with clarifies 

### the intent of H230 and "emissions: S1228 and ensures the state only 135 Excess Emlalons Reports. Subsection 135.02.d revised by toxic 

### air pollutant program deleting reference to "regulated air continues to operate as it 

### has pollutanr and replacing with since inception. ·emissions: 155 Circumvention. Revised Section 155 by deleting The remaining sections of 

### reference to "regulated air proposed rule have not been poIlutanr and replacing with revised. See attached Response "emissions." to Comments. 213 P

.... 

### permlt Construction. Revised Subsection 213.01.c by adding ·and toxic air pollutants" after "regulated air pollutants."

Rulemaking and Public Comment Summary

- Page 2

### Docket Number: 58-0]

## ill**:Q!2g~** 

### Section Existing Rule Summary Temporary andlor Proposed Summary 

### of Rule Changes Outatanding Issues Rule Summary Baaed 

### on Public Comment 

### 220 General Exemption Criteria for Revised Subsection 220.01 by Permit to Construct adding the

### following sentence: Exemptions. Forpurposes ofSections220 through 223. fugitive 

### emissions shall not be 

### considered in determining whether a source meets the applicable exemption criteria unless required by federal law. 

### 440 Requirements forAlternative Seotion 440 revised by deleting Emission L1mlta (Bubbles). the word "regulated" before the phrase ·alr DOliutant: 

### 441 Demonstration 

### ofAmbient Seotion 441 revised by deleting Equivalence. the 

### word "regulated" before the phrase "air pollutant." 

### 460 Requirements for Em_Ion Section 460 revised by deleting Reduction Credit. the 

### word "regulated" before the phrase "air DOlIutant." 

### 511 Applicability. Section 511 revised by adding ·or toxic" between the words ·regulated" and "air pollutant." 

### 512 Definitions. Section 512 revised by adding "or 

### Forthe purposes of Sections 500 toxic" between the words throuoh 516. "reoulated" and "air pollutant." 

### 513 Requlrementa. SectIon 513 revised by adding "or toxic· between the 

### words "reoulated" and "air pollutant." 

### 560 Notification

### to Sources. SectIon 560 revised by 

### replacing the 

### word "regulated" with "the applicable"air pollutants. 

### 581 General Rules. Subsection 561.04.d revised by replacing the 

### word "regulated"

### with "the applicable" air pollutants. 575 

### Air Quality Standards and 

### Area SectIon 575 revised by deleting Claasiflcation. the phrase "of regulated air pollutants." 

### 581 Prevention 

### of Significant Subsection 581.03.d.l revised by Deterioration (PSD) replacing 

### the words ·regulated 

### air" Incrementa. with "the applicable" pollutant. Rulemaking and Public Comment surr-J!
- Page 3 

## ) 

# "

### i 

### Docket Num

### ber:**~§:Ql** 

### Ql**~§.Q~** 

# r J



### Section ExJatlng Rule Summary Temporary and/or Proposed Rule Summary Summary 

### of Rule Changes 

### Baaed on Public Comment Outstanding lAuea


### 679 Averaging Period. Subsection 679.02 revised by replacing the phrase "regulated air pollutants"

. with ·particulate matter:

DEQ'S RESPONSE TO COMMENTS

Commentec 

### Actv9C.tu

## forthe West
- 

### submitted on beh.lfoffdaho Conucv'tl0n LMaUf

### llCLI Comment 

### 1: The legislative process to adopt H230 and S1226 did not comply with Clean Air Act requirement 

### 40 CFR Part 51.102 for SIP revisions. ·DEQ's issuance of

### these rules is nothing more than a ministerial action incumbent upon the agency per H230 and S1228; and the public comment period 

### provided for 

### these proposed rules Is a pro forma exercise which cannot possibly result In a substantive change in the rules. Nor can DEQ's comment 

### period correct the state's violations of 

### 40 CFR 

### § 51.102'­ Response; 

### DEQ followed appropriate andlawfulprocedures in 

### developing this rule. Docket58-0101-{)503 was a 

### negotiatedrule with ample abilityforpublic input, including a negotiatedrule making meetings heldon May 10, 2005 andMay 31,2.005. Meetings were noticedin 

### the administrative buHetin as required bystate 

### procedure and via e-mail

### to ICL andAdvocates of 

### the West, among manyothers. This rule complies 

### with a/l

### the state procedures, including a September

### 7, 2005 hearing which was noticedon July 1,2005, andrequirements as outlinedin 

### 40 CFR 51.102. Comment 2: Substantive impact of H230 and S1228 results in inadequate authority to ensure maintenance ofthe NAAQS. Comment 2a. Oust from animal operations. Currently DEQ has authority

### to require feedlots to obtain permits 

### to construct (PTC) and thus provide assurance that dust management plans are in place. As a result of H230 and S1228, this authority is stripped from DEQ and they now only have "after the feer authorities under 650-651. Response: A 

### permitto coilstruct Is

### not required to ensure 

### comp/iance with 

### the requirement to reasonably control fugitive dust. Sections 650 

### and 661 are 

### stand alone, state implementation plan (SIP) approved, legalrequirements. DEQ broughtan enforcementaction against

### a feedlot ownerfor failure 

### to reasonably control fugitive dustin violation ofIDAPA 58.01.01.65CJ.tS51. 

### The feedlotownerentered 

### into 

### a consent orderandcorrected

### the violations using bestmanagementpractices to reasonablycontrolfugitive dust. DEQ did

### not require, and

### the ownerdid

### not obtain, an airqualitypermit. Ensuring compliance 

### with Sections 650 

### and661 

### is not an after

### the factauthority. Compliance Is required atall times, even 

### during construction ofthe feedlotitself. DEQ's authorityto ensure dustfrom 

### animaloperations is reasonably controlledand. therebymaintenance of the nationalambientairqualitystandards (NMQS), has

### not been strippedfrom DEQ. , Comment 2b. Ammonia from animal operations. H230 and 

### S1228 eliminate DEQ's authority to regulate ammonia emiSSions under the PTC program 

### to ensure applicable NAAQS are not 

### violated.
Rulemaking and Public Comment Summary· Page 4

### Respome: 

### The PTCprogram is butone 

### tool used

### to ensure the 

### state's airqualitymeets, 

### orstays below, the 

### NAAQS. DEQ's ongoing rulemaking 

### for dairies uses bestmanagement practices to controlammonia emissions, similarto controloffugitive dustemissions from feedlots. On a 

### federal level, EPA is currently 

### working with owners andoperators ofvarious types andsizes ofCAFOs to develop emissions information. Upon completion, 

### a federalprogram wUlllke/ybe 

### developed. Additional/y, if

### EPA identifies ammonia to be a 

### precursorto PM2.5 forpermittingpurposes, then 

### ammonia willbecome a 

### regulatednewsource review (NSR) pollutant

### forattainmentandnonattainmentareas. See 40 

### CFR 52.21 

### (b)(50)(i) and51. 

### 165(a)(1)xxxvii. Comment 3: H230 and 51228 constitute backsliding and will violate the requirements under the Treasure Valley Maintenance Plan and other non-attainment and maintenance plans. Response: 

### The rules promulgatedpursuant

### to H230 and S1228 clarifyhowthe definition ofregulated airpollutantfits in, andis appliedto, various Clean AirAct permitprograms. In addition, these 

### rules require DEQ to ensure 

### treatment

### of fugitive emissions 

### forpermitapplicabilitydeterminations is consistent with the Clean 

### AirAct. The 

### various state 

### maintenance plans conform to Clean AirActrequirements. Clarifying Clean AirActdefinitions andapplicabilitydeterminations does not 

### result In a 

### violation ofa

### plan written pursuant

## to Clean 

### AirActrequirements.



# t**~.** 

### Rulemaking and Public Comment SUI"'"

..

# ,ry-Page 

### 5

# Proposed Motions for the November 2005 Meeting ofthe Idaho Board of Environmental Quality

Agenda Item #11

Rules for the Control ofAir Pollution in Idaho. Docket No. 58-0101-0503

I movethatthe Idaho Board of Environmental Quality adopt the Rules forthe Control of Air Pollution in Idaho as presented in the final proposal under Docket No. 58-0101-0503.

### FINAL PROPOSAL 

# ( 

# ­ RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO, DOCKET NO. 

### 58-0101-0503 The proposed rule was published in the Idaho Administrative Bulletin, August 3, 

### 2005. 

### Vol.

# os..s, pages 

### 308 through 339. 

### DEQ 

### recommends that the Board take the following action: IDAPA 

### 58.01.01.006 IDAPA 

### 58.01.01.007 IDAPA 

### 58.01.01.008 IDAPA 

### 58.01.01.133 IDAPA 

### 58.01.01.134 IDAPA 

### 58.01.01.135 IDAPA 

### 58.01.01.155 IDAPA 

### 58.01.01.213 IDAPA 

### 58.01.01.220 IDAPA 

### 58.01.01.440 IDAPA 

### 58.01.01.441 IDAPA 

### 58.01.01.460 IDAPA 

### 58.01.01.511 IDAPA 

### 58.01.01.512 IDAPA 

### 58.01.01.513 IDAPA 

### 58.01.01.560 IDAPA 

### 58.01.01.561 ' IDAPA 

### 58.01.01.575 

# ( IDAPA 

### 58.01.01.581 IDAPA 

### 58.01.01.679 ADOPT AS AMENDED ADOPT AS PROPOSED ADOPT AS PROPOSED ADOPT AS PROPOSED ADOPT AS PROPOSED ADOPT AS PROPOSED ADOPT AS PROPOSED ADOPT AS PROPOSED ADOPT AS PROPOSED ADOPT AS PROPOSED ADOPT AS PROPOSED ADOPT AS PROPOSED ADOPT AS PROPOSED ADOPT AS PROPOSED ADOPT AS PROPOSED ADOPT AS PROPOSED ADOPT AS PROPOSED ADOPT AS PROPOSED 

# - ADOPT AS PROPOSED ADOPT AS PROPOSED



# (

### IDAPA 58· DEPARTMENT OF ENVIRONMENTAL QUALITY 58.01.01
- RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO DOCKET NO. 58-0101-0503 NOTICE OF RULEMAKING • PENDING RULE
EFFECTIVE DATE: This rule has been adopted by the Board of Environmental Quality (Board) and is now pending review by the 2000 Idaho State Legislature for final approval. The pending rule will become final and effective immediately upon the adjournment 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 is authorized by Sections 39.105 and 39.107, Idaho Code. In addition, the Idaho Legislature directed the Department of Environmental Quality (DEQ) 

### to promulgate rules pursuant to House Bill 230 and Senate Bill 1228 (codified at Section 39-115, Idaho Code).



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

### in the initial proposal published in the Idaho Administrative Bulletin, August 3, 2005, Vol. 05-8, pages 308 through 339. One public comment was received. The rule has not been revised in response to that comment. However, The definition of Modification at Subsection 006.56 has been revised. The sponsors of House Bill 230 and its trailer bill, Senate Bill 1228, acknowledged and agreed that the legislation did not alterthe state's existing state only toxic air pollutant program. In revising the definition of Regulated Ajr Pollutant as a result ofthe legislation, and in revising the definition of Modification to make the state's minor permitting program consistent with the major program, the state only toxic air pollutant review was inadvertently removed. Proposed Subsection 006.56.b clarifies the intent of H230 and S1228 and ensures the state only toxic air pollutant program continues to operate as it 

### has since inception. The remainder ofthe rule has been adopted as initially proposed. The Rulemaking and Public Comment Summary can be obtained at www.deg.idaho.gov or by contacting the undersigned. IDAHO CODE SECTION 39-1 070 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 67-5224(2)(f) FISCAL IMPACTSTATEMENT: No negative impact occurs from this rulemaking; provision is not applicable. GENERAL INFORMAnON: For more information about DEQ's programs and activities, visit DEQ's web site at www.deq.idaho.gov. ASSISTANCE ON TECHNICAL QUESTIONS: For assistance on technical questions concerning this rulemaking, contact Martin Bauer at (208) 373-0440, martin.bauer@deq.idaho.gov. DATED this 16'" day of November, 2005.
Paula 

### J. Wilson Hearing Coordinator Department of Environmental Quality 1410 N. Hilton Boise, Idaho 83706-1255 (208)373-0418/Fax 

### No. (208)373-0481 paula.wilson@deq.idaho.govDocket No. 58-0101-0503

- Revisions to Proposed Rule**-~** Subsection 006.56 006. GENERAL DEFINITIONS. S6.l. Modification.



# :at. An increase in the production rate ifsuch increase does not exceed the operating design capacity ofthe affected stationary source, and ifa more restrictive production rate is not specified in a permit; (5-1-94) 

### 18). An increase in hours of operation if more restrictive hours of operation are not specified 

### in a 

# -­ permit; and (5-1-94)**~.iII** Use of an alternative fuel or raw material if the stationary source is specifically designed to accommodate such fuel or raw material and use of such fuel or raw material is not specifically prohibited in.a permit. (4-5-00)