STATE OF IDAHO 

DEPARTMENT OF 

ENVIRONMENTAL QUALITY 

-­

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

Toni Hardesty. Director 

May MAY 1:' 7006 5.2006 

Michael Bogert, Regional Administrator 

U.S. EPA, Region 10 


1200 Sixth Avenue 


Seattle, WA 98101 


Re: State Implementation Plan Rule Revisions : R 7.; IAt r). It ;, P4 {{!I+","I lr. 

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 of Air Pollution in Idaho, 

IDAPA 58.01.01. DEQ is seeking Environmental Protedion Agency (EPA) approval of the 

following revisions as an update to the contents 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 only toxic air fX)lIutant, •is not to be included in the Idaho SIP. The revision to 

this subsection is Included in this submittal only for EPA's infofmation in approving changes to 

the mmalnder ofSection 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 throughout the rulemaking process. 

Rule adoption was made in accordance with the requirements ofthe federal Clean Air Ad and 

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

in emission limits. 

As a follow-up to previous submittals, DEQ forwarded the following rule changes to EPA on May 

22. 2003 and April 2. 2004 for 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) 


If you or your staff have questions concerning any of these rules, please contact Martin Bauer, 

Air Quality Division Administrator, at 208-37J..0440. Mr. Bauer and his staff are available to 

provide assistance to ensure Idahds SIP is updated as soon as possible. . 

Sincerely. 

~~.~ Toni Hardesty 

Director 

THlph 

Enclosures 

c: Martin Bauer. DEQ 
STATE OF IDAHO 

DEPARTMENT OF 

ENVIRONMENTAL QUALITY 

1410 North Hilton· Boise. Idaho 83706-1255· (208) 373-0502 Dirk 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 t as edited in the attachments, as a revision to Appendix A.3 of the

ImPlementation Plan for the Control of Air Pollution in the State of Idaho (Idaho SIP). The 

changes being submitted were adopted as pending by the Board of Environmental Quality and 

approved by the Idaho Legislature as indicated in the attachment. 

DATED this 5th day of May, 2006. 

~.,----- Toni Hardesty 


Director 

-

IDAPA 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 Board ofEnviromneotal Quality," Sections 810 tlJmuab 815, ootic:e is hereby 

given that this aaency intends to ~pte a rule and deai:n:a pUblic participation before publisbiq a proposed 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 or pbeitman@deq.idabo.gov. . 

Ma,le, 2185, 1:31 p...fa 3:31~~ 

Depu1aleat of E.¥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) pennit to CODStruct aDd operatins pennit prosm:ms. In addition. tbeIe bills require DBQ to adopt rules that are 

CODSisteDt with the CAA and its implementing regulations in regard to the permit applicability treatment of fugitive 

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 of the rule wiD be developed by DBQ in conjurwtion with a negotiating committee made up of persons havin& an interest in the development oftIiis rule. All major ao.d non-major souroes ofair poDution may be interested 

in participating in this Special interest groups, public: officials, or members of the tJUblic who have an . interest in the regulation ofair enussions from 8OUI'CC8 in Idliho may also wish to participate in this rutemaking. 

Upon conc:tuaion of negotiatioa: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 ofa pending rule in October 200S. 1'hcI pending rule will be published in the January ~006 issue orthe Idaho 

AdmiDistrative Bulletin and will be reviewed by the 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 or by contacting Phyllis Heitman It(208) 373-0256 or pheitman@deq.idaho.gov. 

GENERAL INFORMATION: For more informatiOll about DBQ's propams aDd actiVities, visit DBQ'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 or e-mail It the address below. 

Wntten comments on the preliminary dnA must be received by May 25, 2005. For infonnatioo reganUng submisaioo 

of written comments OIl subtequent drafta of the negotiated rule, ao.d to receive the most recent venion of the draft 

negotiated rule, contact Phyllia Heitman at (208) 373-02S6 or pheitman@deq.idaho.gov. . 

Dated this 4th day ofApril, 200S. 

ldalao Admlllfltrative BaW. , •• 112 Ma14,2185 - VoL .05-5 
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.L'VVo.)L;. DU..J.. l'tV• .L.';)V - I\lfpouunon, permIt reqwrements Page lof4 

ElOUSE BILL NO. 230 

liew Bill Status 

~Bill Text 

\ 3tatement ofPw:pose 1Fiscal Impact 

rext to be added within a bill has been marked with Bold and Underline. Text to be removed has been marked with 

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['his sentence is marked with bold and uDderUne to sbow added tut. 

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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, permit requirements 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 

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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, permit requirements 

: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 BILL NO. 1228 

view Bill Status 

vi~qill Text 

v. ·tatement ofPurpose I Fiscal Impact 

Page 1 of4 

fext to be added within a bill bas been marked with Bold and Underline. Text to be removed bas been marked with 

)1Jikethrough and Italic. How these codes are actually displayed will vary based on the browser software you are using. 

l1ds sentence is marked with bold and underline to show added text. 

Ph. Hltltllee • n"".tir"tI itlt Mf Hretlw"p filM i'Mie, i,ttlietltil'lK tett M he I en."wct 

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 poli1 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.usloasislS1228.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 
~ENATE 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.usloasisiS 1228.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: 

September 7, 1005, 4 p.m. 


Department of Environmental 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 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 pennit applicability treatment of fugitive 

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 of this rule. All major and non-major sources of air pollution may be interested in 

commenting on this proposed rule. Special interest groups, public officials, or members of the public who have an 

interest in the regulation ofair emissions from sources in Idaho may also wish to submit comments on this proposed 

rule. The proposed rule 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 of Environmental 

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 by the 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 of the 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, visit DEQ'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 or e-mail at the address below regarding this proposed rule. DEQ 

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

Idaho Administrative Bulletin Page30S August 3, 1005 - Vol. 05-8 
DEPARTIIENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0503 


Ru/u for the Control 01AIr Pollution In Idaho Proposed Ru/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 DOCKET NO. 58-0101-0503 

006. GENERAL nEFlNmONS. 

Subsections 006.01 the through 006.09 have no changes 

10; Ambient Air QaaUty Violation. Any ambient concentration til/MY ~hBetI til,. fNJl!tJttJift that causes or contributes to an exceedance ofa national ambient air quality standard as determined by 40 CFR 

~ 

Part 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!gttlatetl air pollutant or air pollutants. ~ 

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) Haeti 811 tlte IIftaimrmt tlegree elretlrHJli6lffo,. etJehfNJlIttlaltl srHJ}eet Ie l"epIali6l1 wrtkI" tlte f:iletm Air.4et 

::==i::r:::;:=~tt=~e~=::;,,=!{; ttehietVJhle }or Brie" prepetJetI Tlfflj6r:fotHlity fir majer' ~II t/ur8f1g1t tipplieaHelf efp",t#lleIi6", preeetf!Je8 fir 

tf'IVJilalJle mellretis, .",stems, tBttI teeltlfitjwes, ilftlltHlbtg foel ekalfiltg fir IrtetJlmefll 8,. ilflf8Wlliw fweI e8mhi1ftllielf 

teeltltitpesfer e8lftlt'6l 8lBrIe" pBllttttfBfl. lit fI8 etvmt BItttIi tIf1Plie6titJlf efbe8t tl'lailahle e6IfIr¥Jlleehfl8itJgy l'eJfIIlI iff 

emiIMitJl'I6 8f/MY l'egfIIaIet/ aif'cpB11IIIt!BfI ,~"ieh W8~hI aeeetl tlte emissiflll allm_by aJf)' apJJlietlhie sllfltIfIaM eurde,. 

f(} CFR J'aItV ~(J tBttI n Jfllte t/elermilfeS tltm teeltm:J!egieaI fir eeBI'ItHffie limitali6l'16 8" lite IlJ1I1IietMM 

6f Ifftiftll IMleI'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'lflletHJ Ie MtitJjy tlte 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 ."hiM ae1tieve tNJ"'fwIk", ~. 

f4 j 9IJ) 

Board. Idaho BQard of Environmental Quality. (5-1-94) 

Idabo Administrative BuBetin Page 309 August 3, 1005 - VoL 05-8 -, 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0503 


Rules lor the Control 01Air PollutIon In Idaho PtOpOMd Rulemaldng 


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 Air Act. 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 of physical on-site 

construction activities on an emissions unit which are of a permanent nature. Such activities include. but are not 

limited to. installation of building supports and foundations. laying of underground pipework. and construction of 

permanent storage structures. With respect to a change in method of operation. this term refers to those on-site 

activities, other than 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 application has been submitted for review. (5-1-94) 

:Lll. ConstruedoD. Fabrication. erection, installation. or modification ofa stationary source or facility. , (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 air pollutant before release 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 of Environmental Quality. 

2,;T§. Designated FaciUty. Any of the 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 cleaning plants (thermal dryers); (5-1-94) 

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

d. Portland cement plants; (5~1-94) 

e. Primary zinc. smelters; (5-1-94) 

r. Iron and steel mill plants; (5-1-94) 

g. Primary aluminum ore reduction plants; (5-1-94) 

h. Primary copper smelters; (5-1-94) 

L Municipal incinerators capable of charging more than two hundred and fifty (250) tons of refuse 

per day; (5-1-94) 

Idaho Administrative BuDedn Pagel10 Augult l, 1005 - Vol. 05-8 (­
DEPARTIIENT OFENVIRONMENTAL QUALITY Docket No. 5B4I101-o503 


Rule. for the Control ofAIr Pollution In Idaho Proposed Rulemaklng 


j. Hydrofluoric, sulfuric, and nitric acid plants; (5-1-94) 

k. Petroleum refineries; (5-1-94) 

L Lime plants; (5-1-94) 

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

n. Coke oven batteries; (5-1-94) 

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

p. Carbon black plants (furnace process); (5-1-94) 

q. Primary lead smelters; (5-1-94) 

r. Fuel conversion plants; (5-1-94) 

s. Sintering plants; (5-1-94) 

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

u. Chemical proiess plants; (5-1-94) 

v. Fossil-fuel boilers (or combination thereof) of more than two hundred and fifty (250) million 

Bros per hour 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 ore processing 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 Department ofEnvironmental Quality or his designee. (5-1-94) 

lJI. Effective Dose Equivalent. The sum of the products of absorbed dose and appropriate factors to 

account for differences in biological effectiveness due to the quality of radiation 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, or other means into the outdoor atmosphere 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 of emissions of air pollutants on a continuous basis, including any 

requirements which limit the level of opacity, 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 of a facility which emits 

or may emit any air pollutant This definition does not alter or affect the term "unit" for the purposes of 42 U.S.C. 

Sections 7651 through 76510. (5-1-94) 

Y1.. EPA. The United States Environmental Protection Agency and its Administrator or designee. 

Idaho Administrative BuUetln PageJll August J, 2005 - VoL 05-8 -
DEPARTMENT OF ENVIRONMENTAL QUAUTY Docket No. 5lJ..D101-t}5D3 


RuiN fot'the ConITol ofAir PoUutlon In Idaho Proposed RulemaldlJfl 


(5-1-94) 

343. Environmental RemedtadoD Source. A stationary source that functions to remediate or recover 

any release, spill, leak, discharge or disposal of any 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. Eneu EmissioDS. Emissions 9f.,. roepIated tHr:fl6l1tHtmt IIW exceedMg an applicable emissions 

standard established for any facility, source or emissions unit by statute, regulation, rule, pennit, or order. 

~ 

~. bisdDg StadoDary Sollne or FacUity. 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 of the pollutant-anitting activities which belong to the same industrial grouping, are 

located on one (1) or more contiguous or adjacent properties, and are under the control ofthe same person (or persons 

under common controO. PollutaDt-anittinJC activities sbaIl be considered as l'8l1 of the 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 of the federal department with authority over any federal 

lands in the United 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 or adjacent 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 or power 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. 1 million 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, pet food manufacturers, cereal manufacturers, breweries, and livestock feedlots. (5-1-94) 

Idaho Administrative hUedn Page 311 August 3, 100s • VoL os.a 
(­

DEPARTMENT OF ENVIRONMENTAL QUALfTY Docket No. 58..()1D1-D503 


Rules foI'the Control ofAI, Pollution In Idaho Proposed Ru/emaklllfl 


411. Huardoul Air PoDutant· (HAP). Any air pollutant listed itt-6r pursuant to Section 112(b) of the 

Clean Air Act. Hazardous Air Pollutants are regulated air pollutants. ~ 

4IJl. Huardous Wute. Any waste or combination ofwastes ofa solid, liquid, semisolid, or contained 

gaseous form which, because of its quantity, concentration or characteristics (physical, chemical or biological) 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, or managed. 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, or by-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 or commercial use. (5-1-94) 

54. Inclnentor. Any source consisting of a furnace and all appurtenances thereto designed for the 

destruction of refuse by burning. "Open Burning" is not considered incineration. For purposes of these rules, the 

destruction of any combustible liquid or gaseous material by burning in a flare stack shall be considered incineration. 

(5-1-94) 

Y1. Indian Governing Body. The governing body ofany tribe, band, or group ofIndians subject to the 

jurisdiction of the 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 or category 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 of the 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 or the PubUc. For purposes of Subsection 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, or change in the method ofoperation of, a stationary source 

or facility which increases the amount of any regulated air pollutant emitted by such stationary source or facility or 

which results in the emission of any regulated air pollutant not previously emItted except that routine maintenance, 

repair and replacement shall not be considered physical 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 followingSifnot be considered a change in the 

method ofoperation: ~ 

iIdabo Administrative BuDetta PIge313 August 3, 2005 • Vol. 05-8 -
OEPARTifENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0503 


Rules foI the Control ofAIr Pollution In Idaho Proposed Rulemakl,.., 


L An increase in the production rate if such 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 or raw material and use ofsuch fuel or raw material is not specifically prohibited in a permit. 

(4-5-00) 

S1§.. Monitoring. Sampling and analysis, in a continuous or noncontinuous sequence, using techniques 

which will adequately measure emission levels and/or ambient air concentrations of air pollutants. (5-1-94) 

SIl. Multiple Chamber IndDerator. Any article, machine, equipment, contrivance, structure or part of 

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 or ducts 

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

59J.. New Stationary Source or FaeiHty. 	 (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 

Department receives an ~Iication for a Permit to Construct in the area affected by the existing nonoperating facility, 

the Department will, within five (5) working days of receipt of the 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 of the Department's notification of the application for a 

Permit to Construct, the nonoperating facility shall provide the Department with a schedule detailing the restart ofthe 

facility. The restart must begin within sixty (60) days ofthe date the Department receives the restart schedule. 

(5-1-94) 

~. Nonattalnment Area. 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 or wholly impervious to rays of light 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) 

Idaho AdmlDistrative BuHetIn Pa..,314 	 August 3, 2005 - VoL 05-8 

c­
DEPARTMENT OF ENVIRON"ENTAL QUALITY Docleet No. 58-0101-0503 


Rules for the Control ofAir Pollution 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) 

~. Partleulate Matter Emissions. All particulate matter emitted to the ambient air as measured by an 

applicable reference method, or any equivalent or alternative method in accordance with Section 1 S7. (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 air with an aerodynamic diameter less than or equal to 

a nominal ten (10) micrometers as measured by a reference method based on Appendix J of 40 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 or equal to a nominal ten (10) micrometers emitted to the ambient air as 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 of the 

facility to emit an air pollutant, provided the limitation or its effect on emissions is state or federally 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 another job site. (S-I-94) 

743.. PPM (parts per million). Parts ofa gaseous contaminant per million 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 or modified 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 of woody debris resulting from a logging operation, the clearing of rights of way, 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 

-
DEPARTIIENT OF ENVIRON"ENTAL QUALITY 

Rulell "" the ConfJaI 01AkPoIIutIoII III Idaho 

margin ofsafety, is requisite to protect the public health. (S.1~94) 

7.;11. Procell or Procell IqlllplDeat Any equipmenl, device or contrivance for chlnsins any materiaIa 

wUtcver or for storqe or ~118 of any 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. ofparticulate matter. Process weight includes solid fuclscharged, but does not inc~uid and 

gaseous fUel, cbarsed or colDbustion air. Water which 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 of continUOUl opcratioo or for a typical portion ~f. divided by the number of hours of such period or 

portion ~f; (4-S-OO) 

b. For cyclical or batch source operations, the total proc:css weight for a period that coven a complete 

cycle of operation or an ift!earaI number of cycles, divided by the houn of actual process operation durins such a 

period. Wh~ the nature ofany process or operation or the design ofany equipment is such as to permit lDore than 

one (1) iuterpretation of this 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) or emission limit(s). (4-S-OO) 

lUI. RadIoaaeHde. A type ofatom which spontaneously undergoes radioactiVCl decay. (5-1-94) 

IJJl. Replated AIr Pohtaat 'Rtefo/ltlt~ifrg aiJtJHHI~' ~ 

Idabe AdlDlailtrative Balleda Pal' 316 AllPlt J. 2005 - VoL 05-1 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 5'-6101-6503 


Rulea fo, the Control ofAI, 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!8tt1I1U6lteti tHftkta 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). If 1M 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'tw wlrie" tI 

9t1ltjeet 8'8t11'ee tWJl1IkI be "'aftJ,. '''till be e6l16itJef'e(/ ttJ be ,-eplafetl eft lite tIats eigltteert (18) ",8". afle Me 

tf/IPlieabk tlate t!8k1b!f.thetlptlNtltlfft ttJ ~1 U.s. O. Seel;"" 7nl(e); - (4 j IJ9J 

ff:. A"y ai,. 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, or vice-president of the 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 of one (1) or more manufacturing, production, or operating facilities applying for or subject to a permit 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 of authority to such representative is approved in advance by the Department. 

(5-1-94) 

b. For a partnership or sole proprietorship: a general partner or 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 of Section 123, a principal executive officer of a Federal agency includes 

the chief executive officer having responsibility for the overall operations of a principal geographic unit ofthe agency 

(e.g., a Regional Administrator of EPA). (4-S-00) 

d. For Phase II sources: 	 (5-1-94) 

i. The designated representative in so far as actions. standards. requirements, or prohibitions 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 other purposes 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 of any 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 motor oils, 

metals, chemicals, shipping containers, or drums, and specifically including automobile graveyards and junkyards. 

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


DEPART"ENT OF ENVIRON"ENTAL QUAUTV Docket No. 58-0101-11503 


Rul..for the Control 01AIr PolluUon 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 or anticipated adverse effects associated with the presence ofair pollutants 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 of a source to emit any ofthe 

followinl pollutants. AI rate of""plsletl ai"p8111t1h1", emissions that would equal or exceed any ofthe 

~ 

following: 

L Aflo-plollutant And emissions tmtl rate: ~ 

i. Carbon monoxide, one hundred (100) tons per year; (5-1-94) 

ii. Nitrogen oxides, forty (40) tons per year; (5-1-94) 

iii. Sulfur dioxide, forty (40) tons per year; (5-1-94) 

iv. Particulate matter, twenty-five (25) tons per year of particulate matter emissions: fifteen (15) tons 

per year ofPMlll emissions; ~ 

vi. 

v. Ozone, 

Lead, six-tenths 

forty (40) 

(0.6) 

tons 

of

per 

a ton 

year 

per 

of 

year; 

volatile organic compounds till a Ifteasewe 8jMs"e; 

~ 

(5-1-94) 

Wi: Ashe!ll86. seWNf ihtJwtmtlllts (1).997) tria lfJ"pe"year-: (5" 94) 

..,;;;,. Be".:lli"'Ift,forw lett 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 per year; (5-1-94) 

~ii. Sulfuric acid mist, seven (7) tons per year; (5-1-94) 

.¥fiil. Hydrogen sulfide (mS), ten (10) tons per year; (5-1-94) 

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

xtoi. Reduced sulfur compounds (including H2S), 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 per year; (5-1-94) 

Idaho Administrative BuUetin Page 318 August 3, 2005 - Vol. 05-8 
-

I 

DEPARTIIENT OF ENVIRON"ENTAL QUALITY

Rula 101 ",. ConIl'Ol 01AIr PoIIIIIIoIt ,,, Idaho 

nin. Municipal waste combust(ll' metal. (measwed II particulate matter). fiftecD (15) tOIlS per yar; 

(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 (measured as nomncthane orpnic: com~t::r(SOl tons per yur; g[ 

uxi. Rad~tity of emisaiODS, fiom source categories regulated by 40 CPR. Put 61, "' that have been • ill ICCOt'dance with 40 CPR Part 61, Appendix D and by I)cputment approved that would cauae Ifty member of the public to receive 1ft mnual Cffective dose eqUivafent of at Ieut OIle = tenth (0.1) IDI'Cm per year, iftotal facility-wide emissions eontn"b_ au effective dose ClJUivaient ofleas dum three (3) 

mmn per year; (ll'my radionuc:lide emission rate, iftotal facility-wide radionuclide emJ8Iiona contribute 1ft efFedive 

dose equivalent ofgreater than (II' equal to three (3) mmn per year. (5-1-95) 

b. In refen:nce to a net emissions iIIcrease or the potential ofa souree or facility to emit a reguJated .. pollutant not listed in Subsection 006.9.'IU.L above and not a toxic air pollutant, Ifty emission rate; or . ~ 

c. For a major f.acility or major modification which would be coDStructed within ten (10) kilometers 

of a Clua I area, the emissiOllS rate which wouldincn:ase the ambient concentration of an emitted regulated air 

pollutaot in the Class I area by oDe (1) microgram per cubic meter, twenty-four (24) hour average, or more. (4-5-00) 

",.. Slplfteant CODtrlblldoa. ADy increase in ambient concentratiOlll which would exceed the 

following: (5-1-94) 

L Sulfur dioxide: (5-1-94) 

i. One (1.0) microgram per cubic meter,mnual average; (5-1-94) ­ ii. Five (5) micrograms per cubic meter, twenty-four (24) hour average; (5-1-94) 

iii. Twen~five (25) micrograms per cubic meter, three (3) hour average; (5-1-94) 

b. Nitrogen dioxide, one (1.0) microgram per cubic meter. annual average; (5-1-94) 

Co Carbon monoxide: (5-1-94) 

i. One-half(O.S) milligrams per cubic meter, eight (8) hour average; (5-1-94) 

ii. Two (2) milligrams per cubic meter, one (I) hour average; (5-1-94) 

d. PM-I0: (5-1-94) 

i. One (1.0) microgram per cubic meter, annual average; (5-1-94) 

ii. Five (5.0) micrograms per cubic meter, twenty-four (24) hour average. (5-1-94) 

NJ.. Smal FIre. A fire iD whicb the material to be burned is not more than four (4) fed iD diameter nor 

more than three (3) feet bigh. (5~J~94) 

9I,l. Smoke. Small gas-borne particles resukiq from iDcomplete combustion. consistins 

predominantly, but not exclusively, ofcarboo and other combustible material. (5-1-94) 

Hj.. SmoU MaDapmeat Plan. A document issued by the Director to impleoteot Sections 606 duougb 

616. Categories ofAllowable BW'DinJ. . (5-f~94) 

Idaho Adm ........ ative Baleda Pa,.lt' Allplt 1, 1005 - VoL 05-1 

DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 5B-Of01-61J03 


RUM foI'the Control 01Air Pollution In Idaho Propoaad Rulemaldng 


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 of open 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 air pollutants from the process materials or in the conversion ofthe 

process materials into air pollutants, as in the case of fuel combuStion; and (S-I-94) 

b. Is not an air cleaning device. (S-I-94) 

911. Stack. Any point in a source arranged to conduct emissions to the ambient air, including a chimney. 

flue, conduit, or duct but not including flares. (S-I-94) 

94IJl. Standard Conditions. Ex~t as specified in Subsection S76.02 for ambient air quality standards, 

a dry gas temperature of twenty 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 air pollutant. The fugitive emissions shall not be considered in determinins whethe( a permit is required 

unlesS required by fe4erallaw. ~ 

1~,l. Tier I 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 or 40 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 CPR Part 61 or 40 CPR Part 63. and required by EPA to obtain a Part 70 permit, except that a source 

is not required to obtain a permit solely because it is subject to requirements under 42 U.S.C. Section 7412(r); 

(S-31-0S)T 

d. Any Phase nsource; and (S-I-94) 

Any source in a source category designated by the Department. (S-I-94) 

1~ Total Suspended 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 or vegetation and listed in Section S8S or S86. (S-I-94) 

l~ Tone Air Pollutant Carclnogenlc Increments. Those ambient air quality increments based on the 

probability of developing excess cancers over a seventy (70) year lifetime exposure to one (1) microgram per cubic 

meter (1 uJlm3) of a given carcinogen and expressed in terms ofa screening emission level or an acceptable ambient 

ConcentratlOO for, a carcinogenic toxic air pollutant. They are listed in Section S86. (S-I-94) 

Idaho Administrative BuOedn Page 320 August 3, 2005 - VoL 05-8 f'-' 
DEPARTMENT OF ENVIRONMENTAl.. QUAUTY Dock.tNo.58-tH01-0503 
 -


Rules for the Control ofAir Pollution In Idaho Proposed Ru/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 of a screening emission level or an 

acceptable ambient concentration for a non-carcinogenic toxic air pollutant. They are listed in Section 585. (5-1-94) 

lW§. Toxk Substance. Any air pollutant that is determined by the Department to be by its nature, toxic 

to human or animal life or vegetation. (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 other organic sulfide present.' (5-1-94) 

l~. Undassillable Area. An area which, because of a lack of adequate data, is unable to be classified 

pursuant to 42 U.S.C. Section 7401(d) as either an attainment or a 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 equipment or emissions 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 of wood 

wastes. (5-1-94) 

UQ. . Wood Stove Curtailment Advisory. An air pollution alert issued through local authorities and/or 

the Department to limit wood stove emissions during air pollution 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 ofvisibility impairments, 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 not include 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 for resale or the formulation 


ofany agricultural chemical listed in Sections 585 or 586. (5-1-94) 


03. Innovative Control Technology. Any system ofair pollution control that has not been adequately 


demonstrated in practice. but would have a substantial likelihood ofachieving greater continuous emissions reduction 


than any control system in current practice. or of achieving at least comparable reductions at lower cost in terms of 


energy. economics, or non-air quality environmental effects. (5-1-94) 


04. Integral Vista. A view perceived from within the mandatory federal Class I area of a 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) 


Idaho Administrative Bulletin Page 321 August 3, 200S - Vol. ()5..8 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-(1503 


Rules for the Control ofAirPollution In Idaho Proposed Rulemaldtlfl 


95. Mandatory Pedenl Class I Area. Any area designated under 42 U.S.C. Section 14n(a) as Class 

I and never to 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 commencement ofconstruction or modification on 

the particular change and the date that the increase from the particular modification occurs. Any replacement unit that 

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 or modification if: (S-I-95) 

i. The already operating or permitted source commenced construction or modification prior to July I, 

1995; or (S-I-9S) 

ii. The uncontrolled emission rate from the already operating or permitted source is ten per cent (Ioele) 

or less ofthe ap.plicable screening emissions level listed in Section SS5 or S86; 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 consent order. (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 not produce 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 or facility, 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 support facility which would not be constructed or increase 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 under 42 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 of a 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 

( 
-, 


DEPARTMENT OF ENVIRONMENTAL QUALITY Docleet No. 58-0101.()503 


Rul..fot' the Control ofAir PollutIOn 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 of toxic air pollutants that a particular source is capable of meeting 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, work practice or operational requirement, or combination thereof. (5-1-94) 

13. VIsIbWty Impairment. Any hmnanly perceptible change in visibility (visual range, contrast, 

coloration) from that which would have existed under natural conditions. (4--5-00) 

008. DEFINITIONS FOR THE PURPOSES OF SECTIONS 30G THROUGH 386. 

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

.. Whose air quality may be affected by the emissions of the TIer I source and that are contiguous to 

Idabo; or (5-1-94) 

b. That are within fifty (50) miles ofthe TIer 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 calendar year, one (1) t,on ofsulfur dioxide. (5-1-94) 

03. AppHcable Requirement. All of the following if approved or promUlgated by EPA as they apply 


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


time ofpermit issuance but which 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 that plan that are specified in 40 CFR Parts 52.670 through 52.690. (5-1-94) 

b. Any term or condition of any 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 to toxic air pollutants are not applicable requirements. (4--5-00) 


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

(5-1-94) 

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


CFR Part 63; (5-1-94) 


e. Any standard or other requirement ofthe acid rain program under 42 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) or Sections 120 through 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 or other requirement under 42 U.S.C. Sections 7671 through 7671q including 40 CFR 


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 


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Section 324. 

04. Deslpated Representative. A responsible person or official authorized by the owner or ~or 

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

allowances allocated to a Phase n unit, and the submission of and compliance with permits, permit applications. and 

compliance plans for the Phase II unit (5-1-94) 

OS. Draft Permit. The version ofa TIer I operating permit 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 of the 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, or operator error. (4-S-OO) 

01. Final Permit. The version of a Tier I permit issued by the Department that has completed all 

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

08. General Permit. A rter I permit 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. For hazardous air pollutants: (3-23-98) 

i. The facility emits or has the potential to emit ten (10) tons per year (tpy) or more ofany hazardous 

air pollutant, other than radionuclides. which has been listed pursuant to 42 U.S.C. Section 74 I 2(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 or pump station shall not be aggregated with emissions from other similar emission 

wits within the facility. (5·+94) 

ii. The tacility emits or has the potential to emit twenty-five (25) tpy or more of any 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 or pump station shall not be aggregated with emissions from other 

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

b. For non-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 or more 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 

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

iii. The facility is located in an ozone transport region established pursuant to 42 U.S.C. Section 7511c 

and the 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 of volatile organic compounds or 

oxides of nitrogen; provided that oxides of nitrogen shall not be incJuded if the taciJity has been identified in 

Idaho Administrative BuBedn Pace 324 AuCUst 3, 2005 • VoL 85-8 
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Rules fw the Control ofAir Pollution In Idaho Proposed Rulem.irlng 


accordance with 42 U.S.C. Section 7411a(f)(1) or (2) if the area is "marginal" or "moderate", one hundred (100) tpy 

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

area is "extreme". ten (10) tpy or more. (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 of EPA punuant to 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 of July 1.2004, are hereby incorporated by 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 subject to emissions reduction requirements of42 U.S.C. Section 

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

14. Phase n Unit. A unit that is subject to emissions reduction requirements of 42 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 of a 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. Tier I Operating Permit. Any permit covering a Tier I source that is issued, renewed, amended, or 

revised punuant to Sections 300 through 386. (3-19-99) 

(BREAK IN 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 

-


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c 

DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0503 

Rules for the Control ofAir PoIlutJon 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, power curtailment. worker 

safety concerns or similar situations. (3-20-97) 

b. The owner or operator of a source of excess emissions shall notifY the Department of any startup, 

shutdown, or scheduled maintenance event that is expected to cause an excess emissions event. Such notification 

shall identifY the time of the excess emissions. specific location. equipment involved. and type of excess 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 of the excess emissions event unless the owner or operator 

demonstrates to the Department's satisfaction that a shorter advanced notice was necessary. The Department may 

prohibit or postpone any scheduled startup, shutdown. or maintenance activity upon consideration ofthe factors listed 

In Subsection) 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 operator of a source ofexcess emissions must make the maximum reasonable effort, 

including off-shift labor where practicable to accomplish maintenance during periods ofnonoperation of any related 

source operations or equipment. (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 of equipment or emissions UDit and shall 

include all of the following (which may be based upon the facility owner or operator's knowledge of the process or 

emissions where measured data is unavailable): (4-5-00) 

L Identification ofthe specific equipment or emissions unit and the type of event anticipated. 

(4-5-00) 

b. Identification of the specific ~atetI air J1611111a1tt6 lilrelf t8 he emittetl emissions in excess of 

applicable emission standards during the startup, shutdown, or scheduled maintenance period. ~ 

e. The estimated amount ofexcess emissions expected to be released during each event. (3-20-97) 

II. The expected duration ofeach excess emissions event. 	 (3-20-97) 

e. An explanation of why the excess emissions are reasonably unavoidable for each of the types of 

excess emissions events (i.e. startup, shutdown. and scheduled maintenance). (3-20-97) 

t Specification of the frequency at which each of the types of excess emissions events (i.e. startup. 

shutdown. and scheduled maintenance) are expected to occur. . (3-20-97) 

g. 	 For scheduled maintenance, the owner or opemtor 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 of the 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 or through better operation and maintenance practices. (3-20-97) 

iv. WhY. where applicable, it is necessary to by-pass, take off line, or operate equipment or emissions 

Idaho Administrative B.Jletin Page 316 	 A.galt 3, 1005 • VoL 05-8 
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unit at reduced efficiency while the maintenance is being perfonned. (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 or otherwise conditioning the emissions unit prior to its use or the application of 

auxiliary equipment or emissions unit to reduce the excess emissions. (4-5-00) 

03. Amendments to Procedures. The owner or 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 of Excess 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, if deemed adequate by the Department, shall fulfill the requirement under this Section to file plans 

and procedures with the Department. (4-5-00) 

134. UPSET. BREAKDOWN AND SAFETY REQUIREMENTS. 

The requirements in Subsections 134.01, 134.02, and 134.03 shall apply in all cases where upset or breakdown of 

equipment or an emissions unit, or the initiation ofsafety measures, result or may result in an excess emissions event. 

The owner or operator ofthe facility or emissions 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 ofprocedures pursuant to Subsections 134.04 and 134.05 as a prerequisite to any consideration under 

Subsection 131.02. Where the owner or operator demonstrates that because ofthe unforeseeable nature ofthe excess 

emissions event it is ~tical to develop procedures pursuant to 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 occur during 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 event was 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 or breakdown conditions, or for other situations that may necessitate the 

implementation of safety 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 owner or operator shall notitY the Department ofany upsetlbreakdown/safety event that results 

Idabo Administrative BDBeda Page 317 August 3.1005 - Vol 05-1 ,.

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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 unit causing the excess emissions until sucb 

time as the condition causing the excess emissions has been corrected or brought under control. Such action by the 

Department sball be taken upon consideration of the following factors and after consultation with the facility owner 

or operator: ,(+S~OO) 

L Potential risk to the public or the environment. (3~20-97) 

b. Whether ceasing operations could result in physical damage to the equipment, emissions unit or 

facility, or cause injury to employees. (+S~) 

e. Whether continued excess emissions were reasonably unavoidable as determined by the 

Department. (4~S~) 

II. The effect of the increase in pollution resulting from the shutdown and subsequent restart of the 

equipment or emissions unit or facility. (+S~) 

e. The owner or operator shall not be required to reduce or cease operations at the entire facility if 

reducing or ceasing 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 ofthe process or emissions where measured data is not available), specify the following infonnation 

for each type ofanticipated upset/ breakdowu/safety event: (+S~) 

L The specific air pollution control equipment or emissions unit and the type ofevent anticipated. (3~20-97) 

b. The specific _JNlllwttllfltl likely 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 reasonably unavoidable. (3~20-97) 

f. The frequency ofthe type ofevent, based on historic occurrences. (3-20-97) 

g. Justification to explain why the piece ofcontrol equipment or emissions unit cannot be modified or 

redesigned to eliminate or reduce the particular type ofevent. (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 'ace 321 August 3, 2005 - VoL CJS.8 

I ". 

\ 
DEPAR11IIENT OF ENVIRONMENTAL QUALITY Dock.t No. 58-0101-0503 


Ruin for the Control ofAir Pollution In Idaho Proposed Rulemaklng 


Subsection 134.05. 	 (3-20-97) 

05. Amendments to Procedures. The owner or operator 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 consistent with good pollution control practices. (4-5-00) 

FlUng Of Excess 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 extent procedures 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, if deemed 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 Euess Emissions Reports. A written report for each excess emissions event shall be 

submitted to the Department by the owner or operator 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 or emissions unit which caused the excess emissions; 

(3-20-97) 

c. An explanation of the cause. or causes, of the excess emissions and whether the excess emissions 

occurred as a result of startup, 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. If requesting 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) 

(BREAK IN CONTINUITY OF SECTIONS) 

155. CIRCUMVENTION. 


No person shall wiUfully cause or permit the installation or use of any device or use of any means wItieIt; .tb.Id 


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(BREAK IN CONTINUITY OF SECnONS) 

213. PRE-PERMIT CONSTRUCTION. 


This section describes how owners or operators may commence construction or modification of certain 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 or modifications 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 pursuant to Section 206; or would 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 or modification ofqualifying sources under Section 213 before receiving the required permit 

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 of thiS 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; proof ofeligibility; 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 or below 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-Permit Construetlon. (3-23-98) 

.. Within ten (10) days after the submittal of the pre-PC?Jmit construction approval application, the 

owner or operator shall hold an informational meeting in at least 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 of such notice shall be included in the application. . (3-23-98) 

b. Within fifteen (15) days after the receipt of the 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-permit construction 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 of the prepermit construction approval letter. any and all potential to emit limitations addressed in the pre-permit collStruction 

application pursuant to Subsection 213.0 l.d. shall become enforceable. The owner or operator shall not opemte those 

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emissions units subject to pennit to construct requirements in accordance with Section 200 unless and until issued a 

permit pursuant 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. If the 

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) 

(BREAK IN CONTINUITY OF SECnONS) 

110. GENERAL EXEMPTION CRITERIA FOR PERMIT 10 CONSTRUCT 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 a permit to construct. Nothing in these sections shall preclude 

an owner or operator from choosing to obtain a pennit to Ilonstruct. For purposes of Sections 220 through 223, the 

term source means the equipment or activity being exempted. For purposes of Sections 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 of the 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 on emission such as air pollution control equipment. restrictions on hours 

of operation and restrictions on the type and amount ofmaterial combusted, stored or processed would not: (4-5-00) 

i. Equal or exceed one hundred (100) tons per year 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 of a proposed new major facility or part of a proposed major 

modification. (4-5-00) 

02. Record Reteadon. Unless the source is subject to and the owner or operator complies with Section 

385, the owner or operator 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) 

(BREAK IN CONTINUITY OF SECnONS) 

440. REQUIREMENTS FOR ALTERNATIVE EMISSION LIMITS (BUBBLES). 

The owner or operator of any 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 permit which 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'egtllateti air pollutant 

at the facility. ~ 

-, 


Idaho Administrative BuBeda Page 331 August 3, 2005 • Vol. 05-1 -
DEPARTWIENT OFENVIRONMENTAL QUAUTY Docket No. 58-0101-0503 


Rul. fot' the Confrol ofAir Pollution 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«I air pollutant and demonstrate ambient 

equivalence as specified in Subsection 441.02. ~ 

04. '. Applicable Requirement Prohibition. No applicable Section of40 CPR Part 60, 40 CPR Part 61. 

or 40 CPR Part 63, best available control technology requirement, lowest achievable emission rate requirement, or 

visual emission standard is exceeded. (5-1-94) 

OS. Artua. BAPtrAP EmissioDS. The actual emissions of any 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 quality effects are not equivalent, then: . (5-1-94) 

.. Further reductions must be proposed by the owner or operator; and/or 	 (5-1-94) 

b. 	 The applicable 

.' 

emission standards in the operating permit will be adjusted 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 of the 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 

enforcement action or outstanding enforcement order. (5-1-94) 

441. DEMONSTRATION OF AMBIENT EQUIVALENCE. 


The demonstration ofambient equivalence shall: (5-1-94) 


01. VOC Trades. For trades involving volatile organic compounds. show that total emissions are not 

increased for the air basin in which the stationary source or facility 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 FOR EMISSION 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) can be credited for actual emissions which exceed the allowable emissions ofthe stationary source(s) or 

emission ooit(s). (5-1-94) 

01. Timing of Emission Reduction. In an attainment or unclassifiable area any emission reduction 

which occurs prior to the minor source baseline date must have been banked with the Department prior to the minor 

source baseline date in order to be credited; in a nonattainment area the emission reduction must occur after the base 

year ofany control strategy for the particular ~etiair pollutant. ~ 

03. . Emission Rate Calculation. The emission rate before and after the reduction must be calculated 

using the same method and averaging time and the characteristics necessary to evaluate any future use ofthe emission 

Idaho Administrative BuDetin Page 332 	 Aupst 3. 2005 - Vol. 05-1 
(:.­

DEPARTMENT OF ENVIRONMENTAL QUAUTY 

Rules tOT the Conttol 01AI, Pollution In Idaho 

Docket No. 58-0101.(1503 

Proposed Rulemaidng 

reduction credit must be described. (5-1-94) 

04. Permit IssuaDee. A permit to construct. ner J operating permit or Tier 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. Imposed ReductioD'. Emission reductions imposed by local. state or federal regulations or permits 

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 

ofthe mobile sources or stationary sources providing the emission reduction credit. Mobile source emission reduction 

credits shall be made state or federally enforceable by SIP revision. The form of the 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) 

(BREAK IN 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 or before December 31, 1970. except where regulated or toxic air pollutant( s) are being 


emitted from such stacks or using such dispersion tedmiques by sources which were constructed, or reconstructed., or 


for which major modifications were carried out. after December 31. 1970. ~ 

S12. DEFINITIONS. 


For the purpose ofSections 500 through 516: (5-1-94) 


01. DispenioD Technique. Any technique which attempts to affect the concentration of a regulated m 

toxic air pollutant in the ambient air by: __.J 

.. Using that portion ofa stack which exceeds good engineering 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 of a gas stream. following use of a pollution control system, for the purpose of returning 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 of exhaust 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 of a change in operation at the facility that includes the 

installation ofpollution controls and is accompanied by a net reduction in the allowable emissions of a 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 August l, 2005 • Vol. 05-8 
DEPARTIIENT OF ENVIRONMENTAL QUALITY Doc/ref No. 58-0101-(1_ 


Rulea for the Conlrol 01AI, Pollution In Idaho PropolJed Rulemald"ll 


lll. Before July 8, I98S, such merging was part ofa change in operation at the facility that included the 

installation of emissions 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 greater dispersion. 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 

calculating the allowable emissions for the SOW'CC. (S-I -94) 

01. Excessive Concentration. For the purpose of determining 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 part to downwash, wakes, or 

eddy effects produced by nearby structures or nearby terrain features which individually is at least forty percent (4()1'~) in excess ofthe maximum concentration experienced in the absence ofsuch effects, and which contributes 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 to emissions from a stack due in whole or in part to 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 of such 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 be prescribed by the 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 emission rate shall be established in consultation with the source owner or operator. 

(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 be used; or (S-I-94) 

ii. The actual presence .of a local nuisance caused by the existing srack as determined by the authority 

administering the Department. (S-I-94) 

c. For sources seeking credit after January 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 after November 9, 1984, based on the aerodynamic influence of cooling 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 m part to downwash, wakes or eddy effects that is at least 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 greater of: (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 or operator had obtained all 

applicable preconstruction permits or approvals required, 

H=2.5S 

provided the owner or operator produces 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 of a field study or fluid 

model to verify GEP stack height for the SOW'CC, 

H=S+ J.SL 

Idaho Administrative RuBedn Page 334 August 3. 2005 • VoL D5-8 
DEPARTMENT OF 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 result in excessive concentrations ofany regulated air pollutant 

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 For pwposes ofapplying the formulae provided under Subsection 512.03 .b., means that dis1BBce up 

to five (5) times the lesser ofthe height or the width dimension of a structure, but not 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 that the portion ofa terrain feature may be considered to be nearby which falls within a distance 

of up to ten (10) times the maximum height of the feature, not to exceed two (2) miles if such feature achieves a 

height one-half (0.5) mile (0.8 km) from the stack that is at least forty percent (4001e) of the 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 of the stack. The height of the 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 operator had: 	 (5-1-94) 

L Begun, or caused to 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 of the stack to be 

completed in a reasonable time. (5-1-94) 

513. REQUIREMENTS. 


The required degree ofemission control ofany regulated air pollutant shall not be affected by the amount of 


any stack height that exceeds good engineering practice (GEP) or by any other dispersion technique. ~ 

(BREAK IN CONTINUITY OF SEC170NS) 

560. NOTIFICATION 10SOURCES. . 
 The Department will assure that all significant sources off'egNltlletltbe applicable air pollutant(s) are notified oftbe 


emergency stage by telephone or other appropriate means. ~ 

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 of the required measures at each episode stage if. on the basis of 


information av~ilable to him, he judges that a measure is an inappropriate response to the specific episode conditions 


which then exist. (5-1-94) 


Idabo Administrative BaUetto Page 335 	 August 3, 2005 - VoL f5.8 

-
DEPARTMENTOF ENVIRONMENTAL QUAUTY Dodcet No. 5IJ.0101-951)3 


Rulea fOI'the Control ofAI,Pollution In Idaho Proposed Rulemalrlng 


'1. Stage I - AIr PoDution Forecast ud Caution. There shall be no new ignition of open burning of 

any kind. The Director may require, ifpracticable, or in 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 of any form ofsolid waste shall be prohibited. 

(3-15-02) 

c. Persons operating fuel-burning equipment which requires boiler lancing or soot blowing shall 

perform such operations 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 of burners and incinerators for the disposal ofany form ofsolid waste or liquid waste shall 

be prohibited. (3-15-02) 

Co Persons operating fuel-burning equipment which requires boiler lancing or soot blowing shall 

perform such operations only between the hours ofl2:00 pm (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 or distillate oil; or (5-1-94) 

ii. If these low sulfur fuels are not available, curtail the use of existing fuels to the extent possible 

without causing injury to persons or damage to equipment. 	 (5-t -94) 

04. Stage 4 - Emergency. This will be called only with specific concurrence ofGovemor. (5-1-94) 

.. There shall be no open burning ofany kind. (5-1-94) 

b. The use of burners and incinerators for the disposal of any form of solid 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 air pollution emergency 

plan; (5-1-94) 

iv. All wholesale trade establishments, i.e. places ofbusiness primarily engaged in selling merchandise 

to retailers or industrial, commercial, institutional or professional users, or to other wholesalers, or acting as agents in 

buying merchandise for or selling merchandise to such persons or companies except those engaged in the distribution 

ofdrugs, surgical supplies and food; (5-1-94) 

.-

Idabo Admlulstrative Balledu Page 336 	 Augult 3, 2005 - Vol. 05-8 

~. 
DEPARTMENT OF ENVIRONMENTAL QUAUTY Docleet No. 58-0101-0503 


Rules for the Con"'" ofAI,Pollution In Idaho Proposed Rulemalrlng 


v. All offices of local, county and State government including authorities, joint meetings, and other 

public bodies excepting such agencies which are detennined by the chief administrative officer of local. county, or 

State government authorities, joint meetings and other public bodies to be vital for public safety and welfare and the 

enforcement ofthe provisions of this 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 1'8gfIIateti the 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 equipment to between the hours of 12:00 pm (noon) and 4:00 p.m. 

~ 

e. When the emergency episode is declared for carbon monoxide, the use of motor vehicles is 

prohibited except in emergencies or with the approval of local or state police or the Department (5-1-94) 

(BREAK IN CONTINUITY OF SECTIONS) 

575. AIR QUALITY STANDARDS AND AREA CLAssmCAnON. 


Ambient Air Quality Standards. The purpose of Sections 575 through 587 is to establish air quality standards for the 


state ofIdaho which define acceptable ambient concentrations 8.f~letla;"pelhHSltI8 consistent with established 


air quality criteria. ~ 

(BREAK IN CONTINUITY OF SECTIONS) 

SSl. PREVENTION OF SIGNIFICANT DETERIORATION (PSD) INCREMENTS. 


The purpose of Section 581 is to establish the allowable degree of deterioration 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 shall be limited to the following: 

Idabo AdmJniltrative BaDeda Page 337 	 Augult 3, 2005 - Vol. CJS.8 

-
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 5Uf01-9_ 


Rules lot' the Control ofAIr Pollution In Idaho Proposed Rulemakltlfl 


~.~ ~ ,,,.~ .'"" .;( -. ~ ':'~ ""'''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) hour average 

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 

Sulfur dioxide: 


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 Administrative BaDetta Page33S AUlust 3, 2005 - Vol. 05-8 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101..0503 


Rul_ for the Confrol ofAir Pollution In Idaho Proposed Rulemtiklng 


L Concentrations attributable to the increase in emissions from facilities which have converted from 

the use of petroleum products, natural gas. or both by reason of an order in effect under the Energy Supply and 

Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a 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 or plan; this shall not apply more than five (5) years after the effective date of such 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 fIW the 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 a violation ofan ambient 

air quality standard; and ~ 

ii. Require limitations to be in effect at the end of the 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) 

(BREAK IN CONTINUITY OF SECTIONS) 

67,). AVERAGING PERIOD. 


For purposes of Sections 675 through 680, emissions shall be averaged according to the following, whichever is the 


lesser period 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 for the Control of Air 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 for the 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 

-

Legislative Services Office RECEIVED

JUL 282005 Idaho State Legislature Ofllce of the 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 of administrative rules have reviewed the 

proposed changes to the Department of Environmental Quality rules: 

IDAPA 

68.01.01 	 Rules for Control of Air Pollution in Idaho/Defines "Regulated Air 

Pollutant" (Docket #68-0101-0603) 

68.01.01 	 Rules for Control of Air Pollution In Idaho/Updates Citations to Federal 

Regulations (Docket #68-0101-0606) 

68.01.01 	 Rules for Control of Air Pollution In IdaholProvldes Consistency 

between Major & MinorAir Quality 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 By Cyanldatlon 

(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 in Idaho 

IDAPA 58.01.01 - Rules for the Control ofAir Pollution in Idaho 

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 ofAir PollutiQD 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 Department to adopt rules defining the term "regulated air pollutant" as it 

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

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

permit applicability treatment 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 it broader in scope or more stringent than federal law or regulations. 

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

The Department ofEnvironmental Quality submits notice ofproposed rulemaking at 


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


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


federal regulations incorporated by reference 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 it broader in scope or more stringent than federal law or regulations. 
 \ 

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

The Departm~nt ofEnvironmental Quality submits notice ·of proposed rulemaking at 


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


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

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

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

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

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

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

. public offica1s, and members ofthe public who have an interest in the regulation ofair emissions 

from sources in Idaho may wish to submit comments. 

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


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


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


4. IDAPA 58.01.05 - Rules and Standards for Ha1.ardous waste 

The Department submits notice ofa proposed 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 directed by the Idaho Hazardous Waste Management Act. The 


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


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


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


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


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


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


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


does not regulate an activity not regulated by the federal government, nor is it broader 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 ofa temporary and proposed rule at IDAPA 58.01.13- ­ Rules for Ore Processing By Cyanidation. The temporary rule will be effective July 13,2005. 

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

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, 

Independent Miners 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 that the rule makes revisions to a current existing rule that regulates an 


activity not regulated by the federal government. However, the Legislature directed the 


Department to promulgate telDporary rules to implement the provisions by August 1, 2005, 


and, consequently, the Department has done so to meet the directive. 


6. lPAPA 58.01.1 Z - Wastewater-Land ARPIication Permit Rules 

c. Page 3 of 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. Ifadopted by the Board, the temporary rule would become effective 

December 7, 2005. 

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

rule. The Department states that the rulemaking has been initiated to modify and clarify existing 

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

wastewater, to add and clarify various definitions, and to change the name ofthe rules. The 

Department adds that the rulemaking is necessary because it has determined that the existing 

water quality limits and other requirements for Class A and Class B reclaimed wastewater may 

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

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

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

"housecleaning" changes have been made. The Department notes that the Idaho Association of 

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

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

rule. 

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

Department indicates that the role regulates an activity not reculated by the federal 

government and sets forth within its Notice of Rulemaking requisite additional information 

punuant to the provisions ofSubsections (3) and (4) of Section 39-107D, Idaho Code, for 

review by the committees. The Department states that the requirements set forth in the 

proposed rule are based upon studies and analysis conducted by other states, the U.S. 

Environmental Protection Agency, and national water reuse organizations that indicate the 

requirements are protective of human health and the environment and do not pose an 

unreasonable rlak,to the pub6c potentiaJly exposed. According to the Department, the 

studies and analysis wDI be included in the rolemaking record and can be reviewed during 

the pubUc comment period 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 

IDAPA 58.01.17 • Wastewater-Land Application Permit Rules. 

The Department notes that a Notice 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 permit rules do not currently 

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

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

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

Page 4 of 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 order to 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 Department ifnecessary 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 "any rule fonnulated 

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

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

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

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

proposed rule for the following reasons: 

I) The Department asserts that there is no federal law or regulation 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 or more stringent than federal law or regUlations. 

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

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

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

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

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

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

Department adds that the Wastewater-Land 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 Department adds that the rulemaking does not propose any 

standards relating to human health or the 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 ofJune 14,2005. 

cc: Department ofEnvironmental Quality 


Paula J. Wilson 


Martin Bauer 


John Brueck 


John Lawson 


Mark Mason 


Rick Huddleston 


(.- Page 5 of 5 
I 

..IlDVOC..llTESJ..sWEST 


Public Interest Environmental Law 

September 7, 2005 

Paula Wilson 

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) 

Dear Ms. Wilson: 

These comments are submitted on behalf ofIdaho Conservation League in reference to 


DBQ Rulemaking Docket 58-0101-0503. 


The Idaho Conservation League ("ICL") is Idaho's largest and oldest organization 


devoted to the protection of Idaho's clean water, wilderness and quality of life. Its 


community conservation program works to protect community health, clean water and 


clean air. ICt's 3300 members work, live and recreate throughout the entire state of 


Idaho. ICL has a direct interest in this rulemaking docket because it implements laws 


that have weakened air quality protections, and therefore pose a threat to the health of 


ICL members, as well as to the ability ofICL and its members to protect public 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 "reasonable notice" means that at 


least "30 days prior to the date ofsuch hearing" the State must display a "prominent 


advertisement in the area affected announcing the date, time and place ofthe hearing," 


among other notice 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 


inspired the 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 printing on February 


16, 2005. On February 24, 2005, the House Bnvironment, Bnergy and Technology 


Committee held a hearing and recommended passage ofH230. 


At some point in the process, IACI then drafted and sought passage ofa ''trailer bill" (SB 


1228) to significantly modify H230 by adding a definition of"regulated air pollutant" to (,_ 


P.O. Box 1612. Boise, 10 8370 I 208-342-7024 Fax: 208-342-8286 www.AdvocatesWest.org 
( 


ICL Comments on H230/S 1228 Implementation 

Page 2 of6 

include the federal list of hazardous air pollutants. The first public mention ofS1228 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 Dick Rush did not 

have an official "RS" draft ofthe trailer bill to provide to the Committee. A few days 

1ater (March 21,2005), the Senate Judiciary and Rules Committee voted to print RS 

15168 (which became 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 S1228, 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. 

Of course, in this rushed process to adopt H230 and S1228, 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 of its 

members. One of ICL's fundamental purposes is to inform its members around the state 

ofimportant changes 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's regulations requiring healthy public 

participation for SIP revisions. 

Because ofthe inadequate notice and information provided for H230 and S 1228, ICL was· 

unable to provide adequate information to its members on what the impact of the bills on 

the overall air program might be, when the bills would be considered at committee 

meetings, to whom written comments should be directed to, and whether oral comments 

would even be received by the committees. For S 1228, 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 took no 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. 

For present purposes, ICL is submitting these comments to protect its right to appeal and 

seek judicial 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 if a team ofNobel prize winning scientists were to 

submit highly persuasive. 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 S 1228 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 per H230 and S1228; and the public comment period 


provided for these proposed rules is a pro fonna exercise which cannot possibly result in 


a substantive change in the rules. Nor can DEQ's comment period correct the State's 


violations of40 C.F.R. § 51.102. 


Inadequate Authority To Ensure Maintenance 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 subject to 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 precisely because air quality data collected 

near the feedlot showed particulate levels ofapproximately "twice the level offederal 

health-based standards." DEQ News Release (4122/04). Unfortunately, excessive dust 

from feedlot operations is a common problem in many parts ofthe state. . 

Under the current SIP, DEQ has the authority to require feedlots to obtain permits to 

construct, and thus provide assurance that dust management plans are in-place. Yet after 

H230 and S 1228, 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-based pennitting 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 to prevent 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, if approved by 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 a precursor to PM-2.5 production. 70 Fed.Reg. 24,280 (May 6, 2005). This 

rule requires consideration of ammonia in PM-2.5 SIPs (for nonattainment and 

maintenance areas) in areas where on-road emissions ofammonia are a significant 

contributor to PM-2.5 production. It is reasonable to anticipate ammonia will be treated 

as a precursor in 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 sulfate particulate matter when it 

reacts with sulfuric acid in the air. On the most polluted days, 

approximately 48% ofPM2.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 limit the formation ofsecondary particulates. However, 

increases in anyone ofthe precursor emissions increases the potential 

for additional secondary aerosol formation. Increases to ammonia 

emissions should be 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 by ICL 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 beef cattle 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 

3000 tons per year. 

Under the current SIP, ammonia is a regulated air pollutant because it is a pollutant 

regulated under Section 112(r) of the Clean Air Act. DEQ therefore has the authority to 

regulate ammonia emissions from dairies and feedlots under the SIP's permit to 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, ICL understands 

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 for this deficiency. The new SIP, if 

approved by EPA, will be inadequate to ensure new and existing sources of ammonia 

(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 a precursor to 

the formation ofozone. In the Treasure Valley, Idaho DEQ reports that air quality 

monitors in both Ada and Canyon Counties detected exceedances of the federal standards 

for ozone during summer 2002, noting: 

These exceedances raise the possibility ofozone andlor PMl.S nonattainment 

designation for the Treasure Valley. Moreover, continued degradation ofair 

quality will jeopardize public 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 District recently adopted a final emission 

factor for VOC emissions from dairies in the amount of 19.3 poundslheadlyear. 

Although ICL is not aware ofthe final adoption ofany emission factor for VOC 

emissions from beef cattle, such emissions surely are not zero. For conservative 

estimation, for beef cattle 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 or about 600 tons of 

VOC emissions in the Treasure Valley each year (and growing). Using the conservative 

estimate noted above, beef cattle would also account for nearly 700 tons of VOC 

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 of the impacts ofsuch emissions on our currendy tenuous 

attainment status for ozone. . 

( 

ICL Comments on H230/S 1228 Implementation 

Page 6 of6 

DEQ presently can regulate dairies under the PTC program to ensure applicable NAAQS -


are not violated. The SIP changes adopted by H230 and S 1228 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, if approved by EPA, will 

be inadequate 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 other nonattainment 

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 and precursors to particulate formation. This 

change in law calls into question DEQ's ability to fulfill the Maintenance Plan and other 

obligations in maintenance and nonattainment areas. . 

Conclusion 

Due to the procedural defects identified above, the proposed rules are not approvable by 

EPA as federally enforceable revisions to Idaho' State Implementation Plan. Moreover, 

the proposed rules strip DEQ of any meaningful authority to prevent exceedances of 

NAAQS for particulates and ozone caused by 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 of Air 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 of Air Pollution 

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

p.m. and was adjoumed at 4 ~ 30 p.m. Members of the public attended the hearing 

but did not wish to present oral testimony. 

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

by Idaho Code Section 67-5221, on August 3,2005. This publication was timely made 

and other necessary notice requirements have been met. ( 

DATED this 7th day of September, 2005. 

LarryWe s 

Hearing Officer 

CERTIFICATE OF HEARING 

SIGN-IN ROSTBR POR P~LIC HIEARING 

Rules for the Control of Air 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 

, 

Ik trlL - (Vo ND ~~tl. IiII 

-

) ) 

Do you .tah to I comment OD. 

Docket Ro. 

58-0101-0506 

tJt, 

tVo 

, 

.' .~ State of Idaho ,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 under the provisions for rule adoption contained in Section 67-5224, Idaho Code, I 

declare that the Rules for the Control of Air Pollution in Idaho are hereby adopted as pending rules as 

presented in the attached Final Proposal. 

STATE OF IDAHO 


) ss. 

County of Ada ) 

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

for said State, personally appeared John R. MacMillan, 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 of Air 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 of Temporary Rule 

Legal Review of Pendingrr emporary Rule Docket 

Director Approval 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 

1410 North Hilton 

Boise, Idaho 83706 

THIS CORRESPONDENCE IS A LEGAL GUIDELINI! 01' TIlE 


ATTORNEY GENERAL SUBMI'n'm:FOR YOUR GUIDANCE 


Dear Memben oftile Board: 

At tho 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 under the bills can be 

submitted to EPA as a State Implementation Plan (SIP) revision withoUt further process? Tho short 

answer to this question is no. 

Backgrougd I'am 

In response to a federal court decision1 regarding implementation of The Rules for the Control ofAir 

Pollution in Idaho, IDAPA 58.01.01, most ofwhich are part ofidaho's federally 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 HeaI1h Act, Idaho Code § 39-101 et seq. The changes direct the 

Department ofEnvironmental Quality (OEQ) to develop rules that (1) define the term regulated air 

poUuw.t as it applies to the various federal Clean Air Act programs, and (2) ensure fugitive emissions are 

only included in permit applicability determination as required by federal law. Docket No. 5s..o1 0 I-OS03 

includes tho proposed rule changes (the Rule) developed as a result ofthe statute chango. 

Advocates for tho West commented on the Rule docket both in writing on September 7, 2005· and orally 

at tho Board Hearing on October 12, 200S.Among other they contend that the legislative process 

under which the statuto changes were made does not comport with the process required for a SIP revision 

under 40 CPR § 51.102. 

Analysll 

40 CPR § 51. I 02(a) states in pertinent part that "States must conduct one or more public bearings on the 

following prior to adoption and submission to EPA of (I) any plan or revision ofit required by Section 

51.1 02(a)•.•" Section 5 1.102(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 ofEnvironmental Quality 

October 19.2005 

Pap20fl 

(d) Any hearina Rlquired by paraaraph (a) ofthis section win be held only 

after reasonable notice, which will be considered to include, at least 30 days prior 

to the date ofsuch hearing(s): ­

(1) Notice givea to the public by promineat advertisemeat in the area 

aft"ectecllDDOUOCiDa the date(s), timo(l), and place(s) ofsuch hearina(s); 

(2) Availability ofeach proposed plan or revision for public inspection in at 

least one location in each reaion to which it win apply, and the availability of 

each compliance schedule for public inspection in at least one location in the 

region in which the affec1ecI source is located; 

(3) Notification to the Administrator (throop the appropriate llegional 

Office); 

(4) Notification to each local air pollution control agency which win be 

sipificantly impacted by such plan, schedulo or revision; 

(S) In the case ofan interstate reaion. notification to any other States 

included, in whole or inpart, in the re&ions which are sipificantly impacted by 

such plan or schedule or revision. 

It is unclear whether, when the leplature passed lIB 230 and SB 1228, it followed the SIP revision 

process. It does not appear that 'an)'Olle had the opportunity to review SB 1228 for 30 days prior to the 

legisla1uie actina upon it. The legisl~ however, does not submit the statute revision to EPA as a SIP 

revision. DEQ, as deleptecl to by the Governor's office, will submit the statute and Rule revisions to 

EPA as a SIP revision for approval. Thus, DEQ must ensure the public hearina provisiOn required under 

40 CPR § S1.102 is met prior to submittal. Ifas result ofthe hearin& DEQ determines the revised statute 

does not comport with the Clean Air Ad, then it should sugpst to the IepJature a correction to the 

, statute. AUacb.ecI as Exhibit A is a notice ofhearina that win appear in the November Administrative 

Bulletin. 

Because the Rule wiS promulptec1 pursuant to the statute chanae, an argument could be made that the 

Rule was improperly adopted per Section SI.I02. In my opinion that araument would not prevail as the 

process requirements ofSection S1.102 were followed in promulgation ofthe Rule. Furthermore, the 

Rule will not be submitted to EPA without the statute. It; as a result ofthe public hearina on the statute, 

DEQ does suagest changes to the leplature, and the lepJature makes the chanaes, then a new rule must 

be neaotiated and presented to the Board for adoption . 

. In regard to Docket No. S8-0101~S03, the Board has at least two options. It can adopt the Rule prior to 

the hearing on the statute chanae, with the understand.ina it may need to revise the Rule at aliter date if, 

as a result ofthe hearin& corrections to the statute must be made prior to submittal to 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. Ifany chanaes are made to the statute that necessitate chanaes to the Rule, after 

another negotiatecl rule process a revised rule would be proposed to the Board. IfDO chanaes were made, 

then the Board could adopt the Rule with the knowledae that the statute wiD not chanp prior to submittal 

to-EPA as a SIP revision. 

In retrospect,. DEQ perlJaps should have put the statute changes with the RuJe chanaes out to public 


comment at the same time. Or, DEQ could have put the statute out to comment prior to, 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 not meet the requirements of40 CPR § S1.102. For example, when 


DEQ neaotiated ItACT limits for an industrial source, it did not put that document out to public con:unent 


prior to entering into the Order. Rather, the document was put out to public comment as part ofa 


nonattaiQment aiea SIP, after tho signing oftho Order. I( during public COID1I1C8t, DEQ had received a 


comment that atfected that Order, then it would haw revised the Order accordingly. Similarly, 


woodstove programs, sanding programs, inspectiOD and maintenance programs, and other control 


measures that are intcDdeci to become part ofan area SIP may not initially be adopted by the relevant 


governing body (i.e., city or county government) pursuant to Section 51.102. Consequently, like the 


chanses to Idaho Code § 39-llS, they, too, are put out to comment and hearing pursuant to Section 


51.102 prior to 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. Prior to submittal, DEQ will comply with the requirements of 


40 CPR§ 51.102. 


I hope this legal guideline provides helpful respoilses to your questions. It should be understood that this 


guideliDe is not adirective but is an objective review ofwbat statutes and rules authorize, as wen as the 


best prediction available ofhow a reviewing court is likely to view that authority. 


Ifyou have any questions regarding this legal guideline, please do not hesitate to contact me at (208) 373- ­ 0494. 

Enclosures 

cc: 	 Toni Hardesty, Director 

Martin Bauer, Air Quality Administrator 
>, 

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 • ..., CFIl 51.102, aoCice. hereby aiveo that tbiJ qeacy propoeea to hold. public heuiDa OIl a proposed revisiOll to the State ImplemeDtatioa Plan (SIP). 

PUBLIC IIL\RING SCJDDULI!: A public heariD& OIl the proposed rmaOll to the SIP will be held u followl: 

Decea.... S, 2805, 3:.p.IL 

D.........,Bam.....1111 Q • .utJ C.~..Roo•• 

14fl N. JUIt.1I, ....., I..... 

The bell'iDllite(.) wiD be ace.ibIe to ponIOIII wida diaabilitia llequeIta for 1ICON00nodalioa muat be made no ..... dwa fhe (5) dayI prior to die beariJIa. For arI8DIomeaII. contact the uadeniped at (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 it inteoda to submit to the P.aviroDm.eacal ProtectiOD AprtI:y

(EPA). TIle nrrisiOll iDcludela Chanae made to SectioD 39-115. Idaho Code. of dao BaviromneDtal ProIectiaiI and 

Health Act punuaat to lIB 230 and u. lniIer bill, SeDate Bill 1228, puaecl by tho 2005 Idaho I.csiIJature and aiped 

by die Gowmor. TbiJ statute chaoae directa DBQ to develop rulea that I) define dao tam regulated air pollutant u it 

appUeI to die vaRot.W fccleral ClcID Air Act 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 oftile 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-39001 00 I 5JC, or by coatactina tile 1Uldersiped. 

Dated dUa 11. day ofOctobcr. 2005. 

Paula i. Wtlaon

Rearm Coordinator 

ofBaviJODmeDtal Quality 


1410 N. Hilton 


Boiae, Idaho 83106-125S 

(208) 373-04181Pax No. (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 of Air 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 applicability treatment of fugitive 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. 

Idaho Code § 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----·~·~·~··~----------~~~-'-~----~ 1J NeCeSSary to proteCt public health. safety or welfare )_.--------------------­ [ ] Compliance with deadlines in amendments to governing law or federal programs 

[ ] Conferring a benefit 

Docket Number: 58-0::12::1 :a~a 

Outstanding laues 

Rule Summary 

SectIon EXisting Rule Summary Temporary and/or Proposed Summary of Rule Changes 

Baaed on Public Comment 

None. 

Control Technology deleted. 

006 General Definition •• Definition of Best Available The definition of ModifICation at

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 

ooa DefInitions definition of Regulated Air for the Purposes of Definition of Major Facility 

Sections revised by deleting Incorrect Pollutant as a result of the 300 through 386. 

intemal cross-reference citation. legislation, and In revising the

133 Startup, Shutdown definition of Modification to make and Subsection 133.02.b revised by the state's minor permitting Scheduled Maintenance deleting reference to "regulated

program consistent with the Requirements. air pollutanr and replacing with

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 ofSections 220 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 for Alternative Seotion 440 revised by deleting 

Emission L1mlta (Bubbles). the word "regulated" before the 

phrase ·alr DOliutant: 

441 Demonstration of Ambient 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 

For the 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 for the 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 and lawful procedures in developing this rule. Docket 58-0101-{)503 was a negotiated rule with ample ability for public input, 

including a negotiated rule making meetings held on May 10, 2005 and May 31,2.005. Meetings were noticed in the administrative buHetin as required by state 

procedure and via e-mail to ICL and Advocates ofthe West, among many others. This rule complies with a/l the state procedures, including a September 7, 2005 

hearing which was noticed on July 1,2005, and requirements as outlined in 40 CFR 51.102. 

Comment 2: Substantive impact of H230 and S 1228 results in inadequate authority to ensure maintenance of the 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 permit to 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, legal requirements. DEQ brought an enforcement action against a feedlot owner for failure to reasonably control 

fugitive dust in violation ofIDAPA 58.01.01.65CJ.tS51. The feedlot owner entered into a consent order and corrected the violations using best management practices 

to reasonably control fugitive dust. DEQ did not require, and the owner did not obtain, an air quality permit. Ensuring compliance with Sections 650 and 661 is not 

an after the fact authority. Compliance Is required at all times, even during construction ofthe feedlot itself. DEQ's authority to ensure dust from animal operations 

is reasonably controlled and. thereby maintenance ofthe national ambient air quality standards (NMQS), has not been stripped from 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 PTC program is but one tool used to ensure the state's air quality meets, or stays below, the NAAQS. DEQ's ongoing rulemaking for dairies uses 

best management practices to control ammonia emissions, similar to control offugitive dust emissions from feedlots. On a federal level, EPA is currently working 

with owners and operators of various types and sizes ofCAFOs to develop emissions information. Upon completion, a federal program wUlllke/y be developed. 

Additional/y, ifEPA identifies ammonia to be a precursor to PM2.5 for permitting purposes, then ammonia will become a regulated new source review (NSR) 

pollutant for attainment and nonattainment areas. See 40 CFR 52. 21(b)(50)(i) and 51. 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 promulgated pursuant to H230 and S1228 clarify how the definition ofregulated air pollutant fits in, and is applied to, various Clean Air Act 

permit programs. In addition, these rules require DEQ to ensure treatment offugitive emissions for permit applicability determinations is consistent with the Clean 

Air Act. The various state maintenance plans conform to Clean Air Act requirements. Clarifying Clean Air Act definitions and applicability determinations does not 

result In a violation ofa plan written pursuant to Clean Air Act requirements. 

t ~. Rulemaking and Public Comment SUI"'" .. ,ry -Page 5 
Proposed Motions for the November 2005 


Meeting of the Idaho Board of Environmental Quality 


Agenda Item #11 

Rules for the Control of Air Pollution in Idaho. Docket No. 58-0101-0503 

I move that the Idaho Board of Environmental Quality adopt the Rules for the 

Control of Air Pollution in Idaho as presented in the final proposal under 

Docket No. 58-0101-0503. 
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 of the Second Regular Session of the Fiftyeighth Idaho Legislature unless prior to that date the rule is rejected, amended or modified by concurrent 

resolution in accordance with Idaho Code Sections 67-5224 and 67-5291. 

AUTHORITY: In compliance with Section 67-5224, Idaho Code, notice is hereby given that the Board has 

adopted a pending rule. This action is authorized by Sections 39.105 and 39.107, Idaho Code. 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 of the 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 

alter the state's existing state only toxic air pollutant program. In revising the definition of Regulated Ajr 

Pollutant as a result of the 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 of the 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 by the 

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

IDAHO CODE SECTION 67-5224(2)(f) FISCAL IMPACT STATEMENT: 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.gov 
Docket No. 58-0101-0503 - Revisions to Proposed Rule -~ 

Subsection 006.56 

006. 	 GENERAL DEFINITIONS. 

S6.l. Modification. 

:at. An increase in the production rate if such increase does not exceed the operating design capacity 

ofthe affected stationary source, and if a 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)