, 


STATE OF IDAHO 

DEPARTMENT OF 

ENVIRONMENTAL QUALITY ( 

1410 North Hilton· Boise, Idaho 83706·1255· (208) 373·0502 Dirk Kempthorne. Governor 

C. Stephen Allred. Director 

May 22,2003 

John lani 

Regional Administrator 

U.S. EPA, Region 10 

1200 Sixth Avenue 

Seattle, WA 98101 

Re: State Implementation Plan Rule Revisions: Ti4I--f V Ope1llfJ-'ly 

Dear Mr. lani: 	 (S~e .~. 2 ) 

Enclosed for your review and approval are an original and four copies of revisions 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 Protection Agency (EPA) approval of these revisions as an update to the 

contents of the Idaho State Implementation Plan (SIP)' 40 CFR, Part 52, Subpart N. These revisions to 

the state rules were promulgated pursuant to the Environmental Protection and Health Act. Idaho Code, 

Sections 39M 101 through 39-130. Review and approval by a Deputy Attorney General assigned to DEQ 

was obtained at appropriate times throughout the rulemaking process. The adoption was made in 

accordance with the requirements of the federal Clean Air Act and applicable federal regulations. None 

of the revisions included in this submittal reflect a reduction in emission limits. 

A. 	 Rule Revisions Adopted by the Board of Environmental Quality and Approved by the 2002 

Idaho Legislature. 

1. 	 IDAPA 58.01.01.21 0.16.c - Soil Vapor Extraction. This revision resolves conflicts between 


DEQ's petroleum remediation policy and IDAPA 58.01.01.513 regarding good engineering 


practices and dispersion techniques in permitting sources with stacks. The Board of 


Environmental Quality adopted the revision on October 18. 2001, and the 2002 Idaho 


Legislature approved it on March 15,2002 with an effective date of March 15,2002. 


2. 	 IDAPA 58.01.01.008.11 and 58.01.01.107.03J -Incorporations of Federal Regulation by 


Reference. These revisions update citations to the federal regulations incorporated by 


reference to include those revised as of July 1, 2001. 


IDAPA 58.01.01.861.04.c - Hospital/Medical/Infectious Waste Incinerators. This revision 

clarifieS that all owners or operators of the effected incinerators must comply with provisions of 

Idaho Code, Section 39-128. 

The Board of Environmental Quality adopted these revisions on October 18, 2001 and the 2002 

Idaho Legislature approved them on March 15, 2002, with an effective date of March 15, 2002. 

3. 	 IDAPA 58.01.01.790 through 799. - Nonmetallic Mineral Processing Plants. These new 

sections introduce the requirements for rock crushers including control requirements, emission 

standards. permit requirements. and use of Best Management Practices for fugitive dust control 

They also establish requirements including registration and controls on the use of electrical 

generators by rock crushers operating under a permit by rule. 
Mr. John lani 

May 22,2003 

Page 2 

IDAPA 58.01.01.011 and.IDAPA 58.01.01.201. These revisions add a definition for the 

purposes of Section 790 and 799 and add a provision allowing an operator to commence 

construction and operation of a source without a permit to construct provided the source 

operates in accordance with all the applicable provisions of a permit by rule. 

The Board of Environmental Quality adopted these revisions on October 18, 2001 and the 2002 

Idaho Legislature approved them on March 15,2002, with an effective date of March 15, 2002. 

B. 	Rule Revisions Adopted by the Board of Environmental Quality and Approved by the 2003 

Idaho Legislature. . 

1. 	 IDAPA 58.01.01.209.01.c. 58.01.01.710 through 724. 58.01.01.213.02. 58.01.01.228. 

58.01.01.395. 58.01.01.410. 58.01.01.58.01.01.313.01. 58.01.01.317.01.b.i.(30), 58.01.01.511, 

58.01.01.581.01 - Permit Clarification. These pending revisions clarify various sections of 

Idaho's stationary source permitting program, remove the grain-loading standard, and correct 

citation references. 

IDAPA 58.01.01.008.11 and IDAPA 58.01.01.107 - Incorporations of Federal Regulations by 

Reference. These pending revisions update citations to the federal regulations incorporated by 

reference to include those revised as of July 1, 2002. 

The Board of Environmental Quality removed several sections from the proposed rule and 

adopted the revised rule on November 13, 2002. The 2003 Legislature approved the rule 

effective May 3. 2003. 

2. 	 IDAPA 58.01.01.600 through 67 - Opening Burning. These revisions clarify inconsistencies 

between the language and requirements of other local, state and federal rules, regulations and 

laws in addition to clarifying some general restrictions. . 

The Board of Environmental Quality made revisions to the proposed rule and adopted on 

October 17,2002. The 2003 Legislature revised the pending rule and approved it effective 

March 21, 2003. 

C. 	 Rule Revisions that Establish or Revise Permitting Fees. While we understand EPA will not 

include these rules in the Idaho SIP, we are forwarding them to you for information. 

1. 	 IDAPA 58.01.01.224 through 228 - Permit to Construct Application and ProceSSing Fees. 

These new sections establish permit to construct application fees and processing fees and 

specify how the fees are collected, appealed and used by DEQ. 

IDAPA 58.01.01.407 through 410 and 58.01.01.470 - Tier II Operating Permit Processing Fees. 

These new sections establish Tier" operating permit processing fees and specify how the fees 

are collected, appealed and used by DEQ. 

IDAPA 58.01.01.800 through 802 - Permit by Rule Registration Fee. These new sections 

establish the registration fee for facilities regulated under a permit by rule and specify how the 

fees are collected, appealed and used by DEQ. 
Mr. John lani 

( 	 May 22, 2003 

Page 3 

IDAPA 58.01.01.006.58.01.01.007,58.01.01.200. 58.01.01.202 through 209.58.01.01.300. 

58.01.01.322. 58.01.01.380, and 58.01.01.387 through 404. These sections were revised to 

change references to intemal citations. 

The Board of Environmental Quality adopted these revisions on November 18, 2001 and the 

2002 Idaho legislature approved them on March 15, 2002. These rule revisions were effective 

on July 1, 2002. 

2. 	 IDAPA 58.01.01.387 through 398 - Title V Operating Permit Fees. This pending rule revises 

the existing structure for annual registration of Tier I sources and the annual assessment and 

payment of Tier' fees. These revisions were adopted by the Board of Environmental Quality on 

November 13, 2002 and the 2003 legislature approved them effective April 2, 2003. 

If you or your staff have questions conceming any of these rules, please contact me at 208-373-0240. 

My staff are available to vide assistance to ensure ldaho's SIP is updated as soon as possible. . 	 . 

cc: 	 lisa Kronberg 

Pat Nair 

Robert Wilkosz 

Phyllis Heitman 

SIP Submittals File 

Reading File 
STATE OF IDAHO 

DEPARTMENT OF 

ENVIRONMENTAL QUALITY 

1410 North Hilton· Boise. Idaho 83706·1255· (208) 373·0502 Dirk Kempthome, Govemor 

.C. Stephen Allred, Director 

AMENDMENT TO THE RULES FOR THE CONTROL OF 


AIR POLLUTION IN IDAHO 


Pursuant to the Environmental Protection and Health Act, Idaho Code 39-101 through 39-130. I 

hereby submit amendments to the Rules for the Control of Air Pollution in Idaho (Air Rules). 

IDAPA 58.01.01, as edited in the attachments, as a revision to 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 22nd day of May, 2003. 
TITLE V FEE RULE 


IDAPA 58.01.01.387 THROUGH 398 

-

.,1 

-


IDAPA 58 - DEPARTMENT OF ENVIRONMENTAL QUALITY 

58.01.01· RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO 

DOCKET NO. 58·0101-0203 (FEE RULE) 

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. This action is authorized by Sections 39-105, 39-107,39-110,39-115(3), 39-1180, and 39-119 

Idaho Code. 

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

October 8, 2002, 7 p.m. 

Department of Environmental Quality 

Conference Center 

1410 N. Hmon, Boise, Idaho 

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

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

DESCRIPTIVE SUMMARY: The Idaho Legislature and the executive branch have determined that it is in the best 

interest of the State of Idaho for the state environmental agency, rather than the federal government, to implement air 

quality permitting programs in Idaho. The Idaho Department of Environmental Quality has obtained authorization 

from the U.S. Environmental Protection Agency to implement a Tier I air quality operating permit program under 

Title V of the federal Clean Air Act. The federal Clean Air Act mandates that the full cost of administration and 

implementation of the Tier I permit program be funded by a fee imposed on the facilities regulated under the 

program. The Department of Environmental Quality is authorized by state statute to impose such a fee and to require 

facilities to register their air pollution activities. See Sections 39-110, 39-1180 and 39-119, Idaho Code. The 

purpose of the proposed ru]emaking is to revise the existing structure for annual registration of Tier I sources, and 

the annual assessment and payment of Tier I fees. The current structure is not self-supporting and adoption of a rule 

increasing the amount of fees paid by the regulated sources will ensure sufficient funding and continued compliance 

with federal requirements. . 

The proposed fee structure continues to use a combination of service- and emissions-based calculations to allow for 

an equitable allocation of fee payments among the facilities and to comply with a requirement of state statute that the 

fee has an incentive for emissions reductions. See Section 39-115(3), Idaho Code. To better interface with the 

availability of information and state fiscal year cycles, it is proposed that the dates for submission of registration 

information and fee payments be changed. Removal of provisions imposing radionuclide emissions registration and 

fee requirements on the U.S. Department of Energy facilities is also proposed. The proposed rule contains language 

stating when and if deferred sources are required to submit a Tier I permit application the Department will reconsider 

the registration and fee requirements to determine whether an alternative basis to regulate those types of sources 

should be developed. 

The 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. 

FEE SUMMARY: This rulemaking revises the annual assessment and payment of Tier I fees. Collection of the fees 

is authorized by Sections 39-115(3), 39-1180 and 39-119, Idaho Code. 

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

raised during a negotiation conducted pursuant to Section 67-5220, Idaho Code, and IDAPA 04.11.01.812 through 

815. The negotiation was open to the public. Participants in the negotiation included government and industry 

representatives. The Notice of Negotiated Rulemaking was published in the Idaho Administrative Bulletin, Volume 

02-4, April 3, 2002, page 19. 

GENERAL INFORMATION: For more information about the Department's programs and activities, visit the 

Department's web site at www.state.id.us/deq. 

IDAHO ADMINISTRATIVE BULLETIN Page 306 September 4, 2002 - Vol. 02-9 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0203 


Rules for the Control ofAir Pollution in Idaho Proposed Rulemaking 


ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN COMMENTS: For assistance 

on questions concerning the proposed rulemaking, contact Phyllis Heitman, (208) 373-0502, 

pheitman@deq.state.id.us. 

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

Department will consider all written comments received by the undersigned on or before October 9, 2002. 

Dated this 8th day of August, 2002. 

Paula J. Gradwohl 

Environmental Quality Section 

Attorney General's Office 

1410 N. Hilton 

Boise, Idaho 83706-1255 

(208)3 73-0418/Fax No. (208)373-0481 

pgradwoh@deq.state.id.us 

THE FOLLOWING IS THE TEXT OF DOCKET NO. 58-0101-0203 

387. REGISTRATION AND REGISTRATION FEES. 


The purpose of Sections 387 through 399 is to e81ahli8h erilerie. set forth the requirements for the annual registration 


of emi88itJ/t8 Tier I sources, and the annual assessment and payment of fees foF to support the Tier I permit8 program. 


The fee 8lfflel/;we ;8 ttJ p/'fwitlefle:xihility {mdjitumeitli81ahility ttJ the DcptIrffllCl'lt p?'f.!gI'6f11. (7 1 (2)L-J. 


388. APPLICABILITY. 

ru.. Applicability. hi tmy giW:fI ye6;,~ Sections 387 through 399 shall apply to all major facilities, as 

defined in Section 008, including facilities that obtained air Quality permits that limited potential emissions below 

major facility levels during the previous year. Facilities, sources and emissions exempt under Section 301 are not 

required to register or pay fees. ~ 

!ll... Deferred Sources. Certain sources may qualify for and request deferral from the Tier 1 operating 

permit program under Subsection 301.02.b.iv. and thereby not pay Tier I fees. On or before such time as those 

deferred sources are required to submit a Tier 1 operating permit application, the Department shaH reconsider 

Sections 387 through 399 to determine whether an alternative basis upon which those sources shall register and be 

assessed and pay fees should be developed. L-J. 

389. REGISTRATION INFORMATION. 


Any person owning or operating a facility or source during the previous calendar year or any portion of the previous 


calendar year for which Sections 387 through 399 appl~ shall, by.Q[! Mtty April1, 2003 or within fifteen (15) 


days following the adjournment of the 2003 regular session of the legislature. and each Mtty February 1 thereafter 


register with the Department and submit the following information: ~ 

01. Facility Information. The name, address, telephone number and location of the facility; (5-1-94) 

02. Owner/Operator Information. The name, address and telephone numbers of the owners and 

operators; (5-1-94) 

IDAHO ADMINISTRATIVE BULLETIN Page 307 September 4, 2002 - Vol. 02-9 
.- DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0203 

Rules for the Control ofAir Pollution In Idaho Proposed Rulemaking 

03. Facility Emission Units. The number and type of emission units present at the facility or the Tier I 

permit number for the facility; md ~ 

04. Pollutant Registration. The emissions from the previous calendar yeal) 61' 6thet'IlWJ!'le (12) Ifumlh 

peri6d l'Ctjttefiled hjI the l'CgifiR'fJ:lIt and e.ppl'6ved by tlfe Depa1"lment for oxides of sulfur (SOx), oxides of nitrogen 

(NOx), particulate matter (PM), and volatile organic compounds (VOC) based on one (1) or more of the following 

methods chosen by the registrant: ~ 

a. Actual annual emissions; .QI 

b. An estimate of the actual annual emissions calculated using the unit's actual operating hours, 

production rates, in-place control equipment, and types of materials processed, stored, or combusted during the 

preceding calendar year;.QI ~ 

c. Allowable emissions based on permit limitations. (3-19-99) 

~ RtftH6tf"elitie RegiSf1'tJH6". The amewnt qf;''fJ:ditl11;ttelidesfrem facilities I'Cgl:ikzted f:mde,' 40 CFR 

Pal" 6], &tt8pal't H,fer whieh Ihe l'Cgifitl'fJ:rtt ',.,.ishefi te he l'Cgistel'Cd te entitfl'em eech fif:lf:t1'Ce ilf ettl'ies pel' ytHiU' eeeept 

that ne al'ltetmt in exeCfJS 6ftII' lefifJ h'1e.n ell eeistil2gpet'l'Ilit, ee12sent ef'tiet'; erj'ttdicitli t.nv1er will he altem'ed. (5 1 94) 

fJ&:. Regltktletl Ai;- ..fltJlIlttatft RegistNH6tf ..I£.e.6. The l'Cgifitl'fJ:ti6n fee set 6f~t in Sttbaeetiell 389.06 shtlll 

be ?'ClIiewed tlt ietlst e""'ery twe (2) yetll'S t& tlfJfJ'ttl'C h1e Jimtis meet the pI'CS'ttmptiile minimUlff (;lfJ defined by ER1:. Tife 

tlIUl'tttl/''Cgifitratif:ll!fee fietforth ;', Sttbaeetion 389.lJ6. tI. nUl)' he ptlid iii 1l~'6 (2) ilifittlllments tlfi pr8vided in Stthsectien 

393.0}. Fees far pernfit ntodi-ji:etltifl1'l9 fl1' pel'l'lfit renC'l~'fJ:ls in Sttbseelien 389.96.h. s/tflfl he submitted with the 

e.pplieati&n. (7 " (2) 

The Tiel Ittllnuttl/ee se';edttle shall he tlsji:JUews: (330 OJ) 

i-: Ajixed tlnnttaifeefor Tier ll'llttjer sources with l'Cgukztee tlirpflJl'ttttll'tts listet/. in &I:tbseelien 389.04 

elffissielfS (;lfJ f-alffiws: (7 " lJ2) 

&e,'en th6'ttSalte (7, lJlJ(}) telfS per year tlftd ttbfl'lC shtlfl pe.}'jifty thflttsfflnd tif:llkzrs ($50, lJO(J); 

(3 3(J (1) 

m Potl,. th81:tStlndjive /tuntil'Cd (4,5lJ(J) tens pC?' yeel1' emd tlBeve s';tlll pay Ihirty thfl'ttStlMd tif:llkzrs 

{$3(J,lJlJ(}); (3 3lJ (Jl) 

f3f Thl'ee thol:tstme (3,()l)()) .'8nsperyear {/;/Id tthflve skflllpti}' twenty Ihfl'ttSttftd df:i11t11'8 ($2lJ,09(}); 

(3 39 OJ) 

O,W thmistllfe (1, lJOO) Ums pC! yettr tlile ahe'v'C shffll!p8yjifteen thBl;/;fiand tifllkzrs ($15, OlJO),' 

(3 3lJ lJ}) 

fR Five htmffl'ed (50e) 18ns per yettr and fflhB'le fikall pay se'len the'ttStlllti fhe lttttltil'Cd d6l-la,'s 

($7,5lJ(}): (3 3lJ 0>') 

nl'& nl:tlut,.'Cd (200) tenspC/'yetlr and tlheve sntlllpe.yji'le IhettSand df:ilkzrs ($5,lJ()(}); tlnti 

(3 3(91) 

Less thffllt 1l\>'6 hl:mffl'Cd (2lJ(}) tellS pel' yetlr shall ptly Il.,.e thottStlndjiw: lumffl'Cti df:illtl1's (V,50(}),' 

(3 30 ()J) 

it:- A pel' ten annualfcc &jtlli1'ty df:ilkzrs ($3(J) per tell for tilll'Cg'ttkzted tlirpfllhttant emissiens./<;,,. Tiel' 

11'lf8jer Sflttl'ees listed in Sttbfieetien 389.lJ I tiSfe118wfi: (7 >' lJ2) 

fJt GI'Ctl"cr #lttn or etj'tttil /fl ./'Otil' thB'ttStllfd jive h'ttntil'Cd (4,50(}) telfS pcw year ItBt te eeeeed one 

- httntil'Cd the/XStlnd d8lkzl'8 ($}lJlJ,lJOO); (3 30 lJ1) 

IDAHO ADMINISTRATIVE BULLETIN Page 308 September 4, 2002 - Vol. 02-9 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No, 58-0101-0203 

Rules for the Control ofAir Pollution in Idaho Proposed Rulemaking ­ f# GFettteF theU! (11' ett1>let/ ffl th,'Ce Ih(1tt9{;mti (3,(}0(}j end less th8n fel;tl' thel;tS81'1tijiw: hl:tlltireti (4,5(}()) 

fflyl;8pel'yCflI' 1'181 ffl Beee~flfty th8tt9tmti ti(1!klt's ($50,00(}); (3 30 (N) 

T3f GrealeF th8f1 e" eql1al ffl 8ne thett98/fti (1, (}OO) bl;tt 1C99 thall th,'Ce thett98/fti (3,(}O(}j ffl1'lS pel' ye81' 

Ilel 18 Bcced AIIC/ftyji'le thett98l!ti t1e118rs ($25, ()(}(}); . (3 3() el) 

f4f Grcatel,thall Bt' cql18! t8jive hl1lltired (5(}0) btl.! less them <,mc th(1tt9anti (l,(}00) t8Mperycal' net te 

c:ucctisc'..ellteell f:h(1I1Salitiji'l'e hl:tntireti tie liars ($17,5(}(}); (3 3() (}1) 

f5f GY'Catel" than (11" equal te M(1 htlfftlreti (200) bl:/;t less thall fr..e hl:tlltireti (50(}j ffliiS pe/' yeaI' flet 18 

BCCCti SC¥elt the'ttsafltiji-..e hl;tntil'Cti t1ellal's ($7,500); alfti (3 30 (1) 

(6J 

($2,59B), 

LC99 than Me hl:tlltil'Cti (20()) t8l1S pel' j'C8r 1181 18 CJfceeti Me thett9tmti ji-..e h'ttntil'Cti tklla"s 

(3300,r) 

br 

shall be: 

MureCfi reql!lCfiting Scotien 3()B pel mil Hl8tiijicfltie/ifi (1/' l'Clle)\l6ls 8hall ptly 8n atitiilienalfee. 1'"'ec8 

(3 39 (H) 

(3 3() (N) 

if:. 

($1, B()B); altti 

FCCfi fe," min(11' pCr'mit nletiijie6H81l;8 88 pY8vitieti ill 8ectiBtI 383 Sh8U be 8/fe thel;t86/lti t1eU-aPfJ 

(3 3g (1) 

iii-: 

($5, ()()O). 

Fee8 JY:lr 8tgllijtCflnt pel'l'IIit l1Ietiijtcetien8 88 pY8'1;'iticti ill Scctiell 382 shall beftw: thel;t8anti t1ell-a"s 

(3300I) 

~ III the event the 1'IfelliCfi C8Ucoteti ptlFS1::tlflllt Ie Sl;tbscctien 389.(}6 J'iflU ffl l!lect the pJ'C9l;tmpti¥c 

miniflftlnl Cfifflblisheti by 4() CPR Pal''/ 79, aft)' sh(1l'tfollsh611 be expentictijre111 the ldah(1 ail" ql;talitypel nlilting/unti 

as necess{;wy in 8Ce(1fflallCe u'ith 8ectiml 39 U8D(2), Mah(1 C8tic, e .' 92) 

fJ+r Ratiil'mNeh'th RegisH'IltitJII ..r7ff. A registffltieJff fee fTJji'l"C tlf1l-l-a1'S pe" ctl"ie pel' yeaI' ($5/cl;tl'ie/yCflr) 

fo"facilili08I"Cg!;tltltcti !;tlltic/' 40 CPR ,%1'1 M, St;thparl H. The registl't1:lirmfoe may bepaitl in AII6 (2) installments 88 

pY8'"itieti ill St;tbsecti(111 393. ()J. (7 1 ()2) 

~ REflr,I-EGT FOR I1:1{P9Jl.AIAT19j"'ir.. 


AIry atitiiti6fltli il'lfol'fllati61!, P18ft9, spceijicatit'7li8, c'p/tic/lce eJ' Mc!;tmeflts that the Depa"tmellt mtly I'CquiY'C ffl make 


the tictel'fllilf£tt/mls l'Cquil'Cti UITtic/' 8ectit3ns 387 thl (:}I;tgh 399 shell bciumished (11i FCq!;tCfit. (7 1 ()2) 


39-1Q. REGISTRATION FEE CRITERIA. 

JlL Calculation Of Fee. Allfl:lcilities registrants to which fhts Section,§ 39+87 through 399 appl~ 

shall pay to the Department an annual registration fee as l'Cqt:til'Cti b)' Sl:ibsccliefls 389. ()6 811ti 389.97. The Department 

shall determine the annual registration fee for each registrant based on the Department's analysis of information 

supplied by the registrant under Section 389 and the Dcpm lmellt's emalysis ami engilfce1'illg anti technical p}'t1:ctice. 

In the e)'ellt efafailul'C f1j(a facility ttJ st:tbmitpef'liflellt I'Cgistl't1:t/el'/; hifGl'ftleliell, the Deptl1'tl1!ent IIftly cat-et:t18te the 

fee eifti shall aSS08S the facility the foe tl/lti the C68ts of cale!;tlatil'lg the fec. The DCptl1'ffllellt nl8.)l empley pl'i'l'8te 

cellt1'aottJI'9 ttJ tictcrmine the I'cgistrtlti(1/'1 fcc by the Department's emissions fee calculation methodology. The fee is 

equal to the result of the calculation in Subsection 390.01.a .. multiplied by the emissions figure in Subsection 

390.01.b.. plus the facility cost figure in Subsection 390.01 ,c.. f7-J--02jL-J. 

.L Appropriation Minus Lump Sum Payments, Minus Facility Costs Divided by Emissions, The total 

dollar amount of Tier I funds appropriated to the Department for the upcoming fiscal year. less any lump sum 

payments to be paid to the Department under Section 398. Jess the total of all facilities Tier 1 costs under Subsection 

390,Q1.c.. divided by the total tons of pollutants registered for the previous calendar year by all registrants under 

Subsection 389.04 and confirmed by the Department. L-J 

IDAHO ADMINISTRATIVE BULLETIN Page 309 September 4, 2002 - Vol. 02-9 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0203 


Rules for the Control ofAir Pollution in Idaho Proposed Rulemaking 


.b.. Emissions, The total tons of pollutants registered for the previous calendar year by that registrant 

under Subsection 389,04 and confirmed by the Department. L-l 

£. Facility Costs. The previous two (2) state fiscal years' annual average direct and indirect costs 

attributable to that registrant under the Tier I program as determined by the Department. L-l 

!ll. Excess Fund Balance, In the event that on June 30 of any given year. the balance in the air quality 

permitting fund established by Section 39-118D. Idaho Code. exceeds two hundred fifty thousand dollars ($250.000). 

the excess balance will be deducted from the appropriation amount used to calculate the following year's annual 

registration fees. pursuant to Subsection 390.01. L-l 

39~1. REGISTRATION BY TIlE »EIHRTAIE1¥TFEE ASSESSMENT. 


UpBn reeeiY'ing l'CgistfflfiBIl ",elef-Iela/rem efoeility, the DepertmC1ft shell: No later than May 25.2003. and each 


May 15 thereafter. the De,partment shall send to each facility to which Sections 387 through 399 apply. by certified 


mail. an assessment ofthe annual fee payable by that facility. ~ 

(5 J 94) 

a ;4thlilitmalllrf(Jllllalitm. Refjl:.tire fhc facility If) s1:ibmit (;UitlitiBl!(;tl i1'ifBl'11Ul;tieJn. ijnccti-etJ; tInd 

(5 I 94) 

(B.. Fee A~~~"'Clft. &"d tB the l'egistffl1'!t. by eeFli}1cd f/ieil, a17 as!iC99mC1ft efthefee anti tI I'Cecipt 

s,1uJWing the ameN"t ojpaYlffClit l'Ceei';eti by the DepaFlmC1ft. (5 1 94) 

l2l. 	 FAILURE TO SUBMIT REGISTRATION INFORMATION . ._ 	 Any additional information. plans. specifications. evidence or documents that the Department may reQuire in order to 

implement Sections 387 through 399 shall be furnished by the registrant to the Department on request. In the event of 

a failure of a registrant to submit complete registration information. the Department may calculate and assess the fee 

based on information otherwise available to the Department. L-l 

393. 	 PAYMENT l#::IE OF TIER I REGISTRATION FEE. 

!ll. Fee Payment Date. The registration fee shall be paid to and received by the Department":' no later 

than July 1 of each year. Checks should be made payable to "Department of Environmental Quality". 

~ 

IJ:h Alrllftsi Regi~H'Rlitm :i'%.ymC1ItS. P6)'flleltt bj. MI!l)' I f),leeeh yeer Ojcat kflSt;ftfiJ' pel'Celft (50%) ef 

the tI1!1fNal1"t!gistretie1t feefor thefelkJwlng twelve (12) lfiBnllt9. the balanee OjCthefce tt1 be pfliti by ANg1:iSt l. 

(5194) 

02. A"'CtltltHClftS Jit Reg;~H'fIt;8HS Fe~. ,r;'-ayment within /81'tyjiv'C (45) d-ays ef fl9Se~f/ient (jl' 

/ietijieatiB/2 by the DepflFlment. Fee Materials Mailin2' Address. All registration and fee materials should be sent to: 

Air Quality Tier I Registration Fees 

Idaho Department of Environmental Quality 

1410 N. Hilton. Boise. Idaho 83706-1255 

394. EFFECT OF DELINQUENCY ON APPLICATIONS. 


No permit to construct or operate, other than those issued at the discretion of the Director, shall be accepted for 


processing, processed, or issued by the Department for any facility or to any person having Tier I operating permit 


fees delinquent in full or in part. ~ 

395. APPEALS. 


Persons may file an appeal within thirty-five (305.) days of the date the person received the assessment tIfui receipt 


iS91:icd I:.tltt1er S1:ibseetielt 392.03, er within thoiFly (3(}j titlys effhe d-ate the pe1'Sell l'Ceei'.'eti fln assessment issued under 


Sections 391 or 396. The appeal shall be filed in accordance with IDAPA 58.01.23, "Rules of Administrative 


IDAHO ADMINISTRATIVE BULLETIN Page 310 	 September 4, 2002 - Vol. 02-9 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58·0101·0203 


Rules for the Control ofAir Pollution in Idaho Proposed Rulemaking 


Procedure Before the Board of Environmental Quality". 

396. AMENDING REGISTRATION. 


Registrations may be subject to amendment and additional or reduced fees,:, (51 94) 


(}b J}epfll'fme}ft 9,' 9,.."et' (}y 9pel'ttttn: BID' the Department, or at the request of the owner or 

operator, should the Department determine that the emissions and fees do not accurately reflect the operation of the 

facility~~ (5 ,1 94)0 

:B8tt1W OjElfw/'8lfHftyltttl ftNfllity. By ectien ofthe Beef'{} e/Envi1'fJnfflClftal Qftality. (5194) 

~ C.HECKS GJIOUl:..lJ :BE "lAM 9lJT TfJ "MPAllTllIENT (}F ENVlRlA'VAlEl.,r'bfb QUAMTYAQ 

llEfi"'STR:,fTH)}VFEE'~ 

AII regi9Frt1timt andfee lntlteritfls shfJftid he sent t6,' 

Air Qftdlity RegistYtltien .l:<ees 

Idahe Depd1'lHwnt ~fElwirt:mHfenltIl Qttality 

1419 N. Hilte", Beise, hkthe 83796 1255 (5 I 94) 

3981. EXEMPTIONS, 

01. Registration Fees. The following facilities or sources are exempt from paying registration fees 

under Sections 387 through 399: (7-1-02) 

a. Facilities and sources specified by the Department, after public notice, as exempt from the payment 

of registration fees; and (5-1-94) 

b. Country grain elevators. (5-1-94) 

02. Registering And Paying Fees. The following facilities or sources are exempt from registering and 

paying registration fees under Sections 387 through 399: (7-1-02) 

a. Facilities and sources specified by the Department, after public notice, as exempt from registration 

and the payment ofregistration fees; (3-19-99) 

b. Confined animal feeding operations; and (3-19-99) 

c. Insignificant activities identified in Subsection 317.01. (3-19-99) 

03. Paying Fees. The following emissions are exempt from registering and paying registration fees 

under Sections 387 through 399: (7-1-02) 

a. Fugitive emissions from wood products. (3-7-95)L 

b. Fugitive dust emissions, except facilities listed in Subsections 008.1O.c.i. and 008.1 O.c.ii. Facilities 

listed in that section shall not be required to pay fees for fugitive dust emission in excess of one hundred (100) tons. 

(4-5-00) 

39:9,R. LUMP SUM PAYMENTS OF REGISTRATION FEES. 

01. Agreement. The Department may, in its discretion, enter an agreement with any person for the 

lump sum payment of all, or any portioR ofaddition to, the registration fees required by Section 389.Q. (7 } (f2)~ 

02. Minimum Amount. The minimum amount for any lump sum agreement shall be three hundred 

thousand dollars ($300,000). (5-1-94) 

03. Payment Waiver. Upon the execution and full performance of the agreement by the person, the 

- IDAHO ADMINISTRATIVE BULLETIN Page 311 September 4,2002 - Vol. 02-9 
-­ DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0203 

Rules for the Control ofAir Pollution in Idaho Proposed Rulemaking 

Department shall waive the payment requirements ofSection 389Q. An other provisions of Section 389Q shall remain 

applicable to the person. ~ 

m (RESERVED). 

-


IDAHO ADMINISTRATIVE BULLETIN Page 312 September 4, 2002 - Vol. 02-9 
-



Bulletin Summary of 


Proposed Rulemakings 


PUBLIC NOTICE 


OF INTENT TO PROPOSE OR PROMULGATE 


NEW OR CHANGED AGENCY RULES 


The following agencies of the state of Idaho have published the complete text and all related. pertinent information 

concerning their intent to change or make the following rules in the new issue of the state Administrative Bulletin. 

IDAPA 02 - DEPARTMENT OF AGRICULTURE 

2270 Old Penitentiary Rd, Boise, ID 83712 . 

02-0214-0201, Rules for Weights and Measures. Adopts by reference the 2003 edition of the National Institute of 

Standards and Technology Handbook 44. Comment by: 9/25/02. 

**02-0403-0203, Rules Governing Animal Industry. Removes obsolete sections and those dealing with domestic 

Cervidae. Comment by: 9/25/02. 

**02-0419-0201, Rules Governing Domestic Cervidae. Updates and amends the domestic Cervidae rules that were 

removed from JDAPA 02.04.03 and adopted into this chapter. Addresses new and varied disease control issues. 

Comment by: 9/25/02. 

02-0423-0201, Rules Governing Commercial Livestock Truck Washing Facilities. Regulates the permitting. 

construction, and operation of commercial livestock truck washing facilities in accordance with HB 529. Comment 

by: 9/25/02. 

02-0608-0202, Quarantine Rules Pertaining to Apple and Cherries. Rewrite of chapter combines the common 

provisions of this rule and the following repealed rules into one compre.hensive rule to eliminate duplications and 

update pesticide recommendations. Comment by: 9/25/02. 

The Following Chapters Are Being Repealed In Their Entirety - Comment by: 9/25/02. 

02-0608-0201, Order in the Matter of the Control of Cherry Fruit Fly in Certain Prescribed Portions of Canyon 

County; 02-0610-0201, Order in the Matter of the Control ofCherry Fruit Fly in Certain Prescribed Portions ofGem 

County; 02-0619-0201, Apple and Cherry Quarantine Rules; and 02-0623-0201, Interior Apple Maggot Quarantine 

Rule. 

IDAPA 07 - DIVISION OF BUILDING SAFETY 

1090 E. Watertower St., Meridian, ID 83642 

07-0103-0201, Rules of Electrical Licensing and Registration - General. Conforms licensing requirements to Idaho 

Code; deletes waiting period requirement for apprentices and allows them to apply for a journeyman license after 

proof of completion of the prescribed educational training and experience requirements each year for 4 years; 

establishes journeyman requirements for out-of-state applicants. Comment by: 9/25/02.. 

07-0104-0201, Rules Governing Electrical Specialty Licensing. Removes specialty license fee from rule to make it 

consistent with Section 54-1014, Idaho Code. Comment by: 9/25/02. 

IDAPA 09 - DEPARTMENT OF LABOR 

317 W. Main St., Boise, ID 83735 

09-0130-0201, Rules of the Benefits Bureau. If a claimant declines work with an ongoing employer but does not 

severe the employment relationship, the claimant's availability for work will be examined but it will not be 

considered an offer of work refusal. Comment by: 9/25/02. 

IDAHO ADMINISTRATIVE BULLETIN· Page 331 September 4, 2002 - Vol. 02-9 
IDAHO ADMINISTRATIVE BULLETIN Summary ofProposed Rulemakings -

10APA 10 - BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS 

AND PROFESSIONAL LAND SURVEYORS 

600 S. Orchard, Suite A, Boise, 10 83705-1242 

10.0101-0201, Rules of Procedure. Changes office hours; modifies age requirement from 65 to 60 to qualify for 

Retired Status for license and certificate holders; an applicant with a related science degree rather than an engineering 

degree must provide same proof of equivalent education as those who apply for Engineer-in-Training certification; 

allows Board to publish disciplinary action on the Internet for up to 10 years. Comment by: 9/25/02. 

10-0102-020), Rules of Professional Responsibility. Changes "infraction" to "violation" to address violations of both 

rules and statutes. Comment by: 9/25/02. 

10APA 11 -IDAHO STATE POLICE 

P.O. Box 700, Meridian, 10 83680-0700 

11·0701-0201, Rules Governing Motor Vehicles - General Rules; 11-0702·0201, Motor Safety Rule Governing 

Safety Glazing Material; 11.0703.0201, Rules Governing Emergency Vehicles/Authorized Emergency Vehicles. 

Adds required sections addressing legal authority, title and scope, written interpretations, and administrative appeals 

to these rules. Comment by: 9/25102. 

10APA 15 - OFFICE OF THE GOVERNOR 

IDAHO FOREST PRODUCTS COMMISSION 

P. O. Box 855, Boise, ID 83701 

15-0301-0201, Rules of Administrative Procedure of the Idaho Forest Products Commission. Adds and deletes 

definitions; clarifies methodology for assessing fees to financial supponers of the Commission. Comment by: 9/25/ 

02. - IDAPA 18 - DEPARTMENT OF INSURANCE 

P.O. Box 83720, Boise, ID 83720-0043 


18-0117-0201, Surplus Lines - Delegation of Responsibility. Removes Idaho residency requirement for licensing 


surplus lines brokers; allows changes in surplus lines by-laws to become effective if changes submitted for approval 


are not acted upon within 60 days of receipt by the department. Comment by: 9/25/02. 


18-0118-0201, Open Lines for Export Surplus Lines. Allows the director to approve a class or classes of business 


for export through the surplus lines market by issuing an order or rule, without conducting a fonnal hearing. 


Comment by: 9/25/02. 


18-0]48-0201, Rule to Implement the Privacy of Consumer Financial Information. Implements requirements of 


federal and state law relating to privacy of personal financial information. Comment by: 9/25/02. 


18-0150-0201, Adoption of the ]997 Uniform Fire Code. Adopts by reference the 2000 International Fire Code and 


makes minor modifications to adapt it for use by state and local jurisdictions. Comment by: 9/25/02. 


18-0152·0201, Rules Governing Disclosure Requirements for Insurance Producers When Charging Fees. Clarifies 


that a retail producer, when charging a fee for services, must provide a written statement to consumer describing 


services to be performed and the cost. Comment by: 9/25/02. 


18-0154-0201, Rule to Implement the NAIC Medicare Supplement Insurance Minimum Standards Model Act. 


Amendments will bring rule into compliance with the new federal standards created by Benefits Improvement and 


Protection Act. Comment by: 9/25/02. 


18-0165.0201, Rules for Surplus Lines Brokers. Extends the license reinstatement period from 30 days to 1 year; 


eliminates requirements for a bond and that records be kept in an office located in Idaho; clarifies that surplus lines 


brokers selling through a purchasing group must be licensed in Idaho and are responsible for submission of taxes and 


fees to the Surplus Lines Association. Comment by: 9/25/02. 


IDAHO ADMINISTRATIVE BULLETIN Page 332 September 4.2002 - Vol. 02-9 
, 


IDAHO ADMINISTRATIVE BULLETIN Summary of Proposed Rulemakings 

IDAPA 20 - IDAHO DEPARTMENT OF LANDS 

P.O. Box 83720, Boise, ID 83720-0200 

**20-200]-020], Rules Pertaining to the Idaho Forest Practices Act. Limits future re-entry in stream protection 

zones to provide for streamside shade; provides standards for retention or removal ofdown wood in stream protection 

zones; establishes minimum streamside tree retention requirements by the use of basal area; allows operators to 

develop alternative riparian management prescriptions; provides adequate wildlife escape cover within single· 

ownerships; encourages replacement of older existing culverts that do not provide for fish passage or meet the 50­

year design requirement; specifies best management practices for the use of fords; clarifies when roads can be reused 

in stream protection zones. Comment by: 9/25/02. . 

IDAPA 27 - BOARD OF PHARMACY 

P.O. Box 83720, Boise, ID 83720-0067 

27·0] 0] ·020], Rules of the Idaho Board of Pharmacy. Sets out specific criteria for ephedrine products that can be 

sold without prescription and includes maximum dosage requirements and label disclosures and warnings. Comment 

by: 9/25/02. 

IDAPA 3] - PUBLIC UTILITIES COMMISSION 

P.O. Box 83720, Boise, ID 83720-0074 

31-110]·020], Safety and Accident Reporting Rules for Utilities Regulated by the IPUC. Updates safety regulation 

documents incorporated by reference. Comment by: 9/25/02. 

31-7] 02-020], Railroad Accident Reporting Rules. Updates documents incorporated by reference. Comment by: 9/ 

25/02. 

IDAPA 35 - STATE TAX COMMISSION 

P.O. BOll: 36, Boise, ID 83722 

35-0102·0201, Sales and Use Tax Rules. Deletes obsolete language and references; describes new color codes used 

for Federal Tax Exemption Cards for foreign diplomats; clarifies exempt Mission Card purchases by foreign 

diplomats; clarifies the time limit allowed to appeal the denial of a refund; replaces form used for applying for a 

seller's permit number; clarifies exempt status for livestock sales. Comment by: 9/25/02. 

35·0]03·0201 and 35-0]03-0202, Property Tax Rules. Creates a category to assess and list certain rural lots in 

counties under 100,000 in population for ease ofidentification for granting a partial exemption and provides guidance 

to counties when deciding which properties are eligible for exemption. Comment by: 9/25/02. 

35-0] 03·0205, Property Tax Rules. Lists documents incorporated by reference and deletes obsolete documents and 

references; includes valuation schedules for registering recreational vehicles beginning in 2004; amends the 

equalization of values of manufactured homes on leased land declared as real property in ratio studies to equalize 

values within the counties and school districts; clarifies for counties the partial year assessment of personal property 

and prorating the value of transient personal property; clarifies what information must be sent to taxpayers of 

occupancy taxes for appraisal notification; revises date for distribution oftax code area maps to operating properties; 

provides direction to auditors to report value exempted by law for parcels in rural home sites, to help them determine 

when taxing districts can levy against annexed territory, and to report sales tax distribution; adds date reports are due 

to Tax Commission. Comment by: 9/25/02. 

35-0109-0201, Idaho County Option Kitchen and Table Wine Tax Rules and 35-0112-0201, Idaho Beer Tax Rules. 

Clarifies that declaratory rulings are not public records and removes outdated cross-references to the Income Tax 

Rules. Comment by: 9/25/02. 

35-0110·0201, Idaho Cigarette and Tobacco Products Tax Rules. Corrects a reference to Idaho Code; limits the credit 

distributors may claim to sales to retailers only. Comment by: 9/25/02. 

IDAHO ADMINISTRATIVE BULLETIN Page 333 September 4, 2002 • Vol. 02-9 
\ . 


-
 IDAHO ADMINISTRATIVE BULLETIN Summary of Proposed Rulemakings 

IDAPA 58 - DEPARTMENT OF ENVIRONMENTAL QUALITY 

1410 N. Hilton, Boise, ID 83706-1255 

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


**58-0101-0202. Proposes several revisions to clarify and streamline the air quality stationary source permitting 


program. Comment by: 10/9/02. 


**58-0101-0203. Revises existing structure for annual registration of Tier I sources and the annual assessment and 


payment of Tier I fees. Comment by: 10/9/02. 


**58-0101-0204. Establishes a health-based standard for acceptable ambient (outdoor) levels of hydrogen sulfide 


(H2S) emissions and averaging time. Comment by: 10111/02. 


**PUBLIC HEARINGS HAVE BEEN SCHEDULED FOR THESE DOCKETS. 


Please refer to the Idaho Administrative Bulletin, September 4, 2002, Volume 02-9 for notices and text of all 


rulemakings, public hearing schedules, Governor's executive orders, and agency contact names. 


Citizens ofyo~r county can view all issues ofthe Idaho Administrative Bulletin at the county law libraries. 

Copies of the Administrative Bulletin and other rules publications are available for purchase. For subscription 


information and ordering see our website or call (208) 332-1820 or write the Office of Administrative Rules, 


Department of Administration, 650 W. State St., Room 100, Boise, ID 83720-0306. Visa and MasterCard accepted 


for most purchases. 


The Idaho Administrative Bulletin and Administrative Code are available on-line at: http://www2.state.id.us/adrn/ 


adminrulesl -, 


IDAHO ADMINISTRATIVE BULLETIN Page 334 September 4, 2002 - Vol. 02-9 
PUBLIC COMMENTS 


Rules for the Control of Air Pollution in Idaho 


Docket Number 58-0101-0203 


Deadline for Comment: October 9, 2002 


Submitted By Date Received Page No. 

Katherine Gerrity 

Legislative Services 

State Capitol 

Boise, 10 83720-0054 

August 28, 2002 

August 8, 2002 

000001 -

000003 

Chad Parent 

Dept of the Air Force 

Mountain Home AFB, 10 

August 16, 2002 000004 ­

000005 

Brett Suthers 

Nonpareil 

40 N400W 

Blackfoot, 10 83221 

September 19, 2002 000006 

S. L. Dunn 

Naval Reactors Idaho Branch Office 

Department of Energy 

P.O. Box 2469 

Idaho Falls, 10 83403-2469 

September 27,2002 000007­

000009 

Teresa Perkins 

Environmental Technical Support Division 

Idaho Operations Office 

850 Energy Dr. 

Department of Energy 

Idaho Falls, 10 

October 9, 2002 000010­

000012 

Jane Gorsuch 

Intermountain Forest Association 

October 11, 2002 000013­

000018 

Richard R. Rush 

Idaho Assoc. of Commerce and Industry 

P.O. Box 389 

Boise, 10 83701 

October 9, 2002 000019 

000036 

Transcript of public hearing held on October 

8,2002 

000038­

000047 

Katie Sewell 

Idaho Small Business Development Center 

Boise State University 

October 24,2002 000048­

000049 

II II 

-
Legislative Services Office 

Idaho State Legislature ­ Carl F. Bianchi State Capitol 
 Director 
 P.O. Box 83720 

Boise, ID 83720-0054 

208/334-2475; Fax 334-2125 

September 3, 2002 www2.state.id.usllegislat 

RECEIVED Paula J. Gradwohl 


Environmental Quality Section 
 SEP 05 2002 

Attorney General's Office 


1410 N. Hilton DEQ Hearings Coordinator 


DOCKET NO."--____
 Boise, 10 83706-1255 

Dear Ms. Gradwohl: 

The Senate and House Subcommittees for review of administrative rules have 


reviewed the proposed changes to the Department of Environmental Quality rule: 


IDAPA 58.01.01 (Docket #58-0101-0203) Rules for the - Control of Air Pollution in Idaho (Tier I Fees) 

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


filed. 


KAG/ca 

Mike Nugent, Supervisor Jeff Youtz, Supervisor Ray lneck, Acting Supervisor Glenn Harris, Superv -


Research & Legislation Budget & Policy Analysis Legislative Audits Network AdministratiolJ 

rnnugent@lso.state.id.us jyoutz@lso.state.id.us rineck@1so.state.id.us gharris@lso.state.id.us 
-----

RECEIVED 

Legislative Services Office AUG 1 6 2002 

EQ Hearings Coordinator Idaho State Legislature DDOC

KET NO.. 

Carl F. Bianchi State Capitol 

Director P.O. Box 83720 

Boise, ID 83720-0054 

208/334-2475; Fax 334-2125 MEMORANDUM www2.state.id.us/legislat 

TO: 	 Rules Review Subcommittee of the Senate Health and Welfare Committee and the 

House Environmental Affairs Committee 

FROM: 	 Research & Legislation Staff - Katharine Gerrity 

DATE: 	 August 15,2002 

SUBJECT: 	 Department of Environmental Quality 

IDAPA 58.01.01 - Rules for the Control ofAir Pollution in Idaho 

The Department of Environmental Quality submits notice of a proposed fee rule at 

- IDAPA 58.01.01 - Rules for the Control of Air Pollution in Idaho. The proposed rule is 

submitted following negotiated rulemaking. The Department details the proposed rule changes 

as follows: 

1. The State ofIdaho (rather than the federal government) implements air quality 


permitting programs in Idaho through The Department of Environmental Quality. 


2. Idaho has obtained authorization from the EPA to implement a Tier I air quality 

operating permit program under Title V ofthe Clean Air Act. 

3. The Clean Air Act mandates that the full cost of administration and implementation of 

the Tier I permit program be funded by a fee imposed on the facilities regulated under the 

program. 

4. Pursuant to Sections 39-110, 39-118D, and 39-119, Idaho Code, the Department of 

Environmental Quality is authorized to impose such fees and to require facilities to register their 

air pollution activities. 

5. The purpose ofthe proposed rulemaking is to revise the existing structure for annual 

registration ofTier I sources, and the annual assessment and payment of Tier I fees. 

6. The current structure is not self-supporting and adoption of a rule increasing the 


amount offees paid by the regulated sources will ensure sufficient funding and continued 


compliance with federal requirements. 


•. ~d,e Nugent, Supervisor Jeff Youtz, Supervisor Ray Ineck, Acting Supervisor Glenn Harris, Supervisor 

Research & Legislation Budget & Policy Analysis Legislative Audits Network Administration 

mnugent@lso.state.id.us jyoutz@lso.statejd.us rineck@1so.state.id.us gharris@lso.state.id.us 

GOOC02 
7. The proposed fee structure continues to use a combination of service-based and ­

emissions-based calculations to allow for an equitable allocation of fee payments among the 

facilities and to comply with a requirement of state statute that the fee has an incentive for 

emissions reductions (see Idaho Code Section 39-115(3)). 

8. To better interface with the availability of information and state fiscal year cycles, it is 

proposed that the dates for submission ofregistration information and fee payment be changed. 

9. Removal of provisions imposing radionuclide emissions registration and fee 

requirements on the U.S. Department of Energy facilities is also proposed. 

10. The proposed rule contains language providing that certain sources may qualify for 

and request deferral from the Tier 1 operating permit program. On or before such time as those 

deferred sources are required to submit a permit application, the Department will reconsider the 

registration and fee requirements to determine whether an alternative basis to regulate those types 

of sources should be developed. 

The proposed rule changes noted herein appear to be authorized pursuant to Sections 39­

105,39-107,39-110,39-115(3), 39-1 18D, and 39-119, Idaho Code. 

cc: Department of Environmental Quality 

-

Page 2 of 2 
DEPARTMENT OF THE AIR FORCE 

366TH CIVIL ENGINEER SQUADRON (ACC) 

MOUNTAIN HOME AIR FORCE BASE, IDAHO 

16 August 2002 

MEMORANDUM FOR IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY VEO 

ATTENTION: MS. PAULAJ. GRADWOHL RECEI 

FROM: 366 CES/CEVQ AUG 1 6 2002 

1100 Liberator Street, Building 1297 

Mountain Home AFB ID 83648 DEQ Hearings coordiflatof 

DOCKET NO. !ll. 0/-(./ 7-f) 1 

SUBJECT: Comments to Docket No. 58-0101-0203 

1. Mountain Home Air Force Base (MHAFB) would like to take the opportunity to comment 

on the proposed amendment to the Tier I fee rules. MHAFB feels the fee calculation is 

acceptable but we are concerned with the deadline for registered information. 

2. MHAFB will have an operating permit that encompasses the entire base, a miniature city. 

This situation provides a challenge when gathering data for the yearly Air Emissions Inventory 

(AEI) to satisfy the requirement of 58.01.01.389.04. The February 1 st deadline after 2003, 

,- 58.01.01.389, provides an insufficient amount oftime to gather data and calculate emissions. 

3. The difference between the registration deadline and the Idaho Department of 

Environmental QUality's review time for 2003 and the following years is provided below in 

Table 1: 

Table 1. Summary of Review Days 

Calendar Year Facility Review Days IDEQ Review Days 

2003 89 55 

After 2003 31 104 

If 55 days are adequate for 2003 to review all Tier I facilities, then a similar number of days 

should be adequate for each year after. The more time given to a facility to prepare their AEI 

the more accurate it will be, thus preventing any significant review investigations. 

4. We would suggest a compromise for the time discrepancies. For example, 75 days for 

facilities to register emissions and 60 days for IDEQ to review. Ifthis is not feasible, a preregistration based on the previous years emissions to allow a deadline extension could be a 

viable option. 

5. Another option is to keep the text, "or other twelve month period requested by the registrant 

and approved by the Department", which has been stricken from 58.01.01.389.04. Then 

",-	 MHAFB, for example, could use the fiscal year (October) and complete emission calculations by 

February 1 st. ' 
Page 2 of2, Comments to Docket No. 58-0101-0203 

6. MHAFB would like to thank you for the chance to comment on this docket and we look -


forward to your reply. Ifyou have any questions regarding this issue, please contact me at 828­

3427. 

Iisignedil 

CHAD PARENT 

Air Quality Manager 

-


-

12 

-1 ordinary potato company 

September 19, 2002 RECE\VED 

SEP 25 2002 

Paula 1. Gradwohl 

a H arings Coordinator 

Environmental Quality Section DE .-/ {,/o/- C ;I():';­ DOCKETeNO..;,~.. . Attorney General's Office 


1410 N. Hilton 


Boise, Idaho 83706-1255 

RE: Comments on DEQ Air Program Title V Funding Scenarios 

Dear Paula: 

I attended a meeting ofthe IACI Environmental Committee this morning and would like 

to comment on the proposed facilities fees. I know that the fee structure more or less is 

attempting to do two things. First, the overall fees are being set at $2,292,160.00 so that 

the program can be funded. Second, the fees are being charged in a weighted manner. 

I don't have any problem with the logical structure ofthe fee formulas, but I'm a little 

concerned about the accuracy of some ofthe preliminary information on some ofthe 

facilities listed. For instance, my company, Nonpareil Corporation, is listed and the 

formulas indicate we would pay about $20,807 in annual fees. This is a rather large 

mistake. My company is a permitted Tier II facility and therefore won't be paying any 

emissions fees and shouldn't even be on this list. This will cause your program to be 

$20,807 short. I can't speak for other facilities directly, but I know that there are some 

other similar mistakes ofthis magnitude listed. 

Thank you for your time and I hope that these comments will be helpful to you. If you 

have any questions regarding these comments, please don't hesitate to call at (208) 785­

5880. 

Sincerely, 

Brett Suthers 

Engineering Manager 

Nonpareil Corporation 

40 North 400 West· Blackfoot, ID 83221 U.S.A. • (208) 785·5880 • (800) 824·7607 • Corporate Fax: (208) 785-4873 • Sales Fax: (208) 785'3656 
Department of Energy 

Pittsburgh Naval Reactors Office 

Idaho Branch Office NR:IBO-02/124 P.O. Box 2469 ­ Idaho Falls, Idaho 83403-2469 

September 24, 2002 

RECEIVED 

Paula J. Gradwohl 

Environmental Quality Section SEP 27 2002 

Attorney General's Office 

1410 North Hilton 

Boise, Idaho 83706-1255 

DEQ Hearings Coordinator 

DOCKET NO. 0/0 i --c kC 3 

SUBJECT: COMMENTS ON DOCKET NUMBER 58-0101-0203 

Reference: (a) 	 Idaho Administrative Bulletin, Volume 02-9, Docket Number 58-0101-0203 

(Fee Rule), Notice of Rulemaking - Proposed Rule, dated September 4, 2002 

(b) 	 IDAPA 58.01.01, Rules of the Department of Environmental Quality, Title 01, 

Chapter 01, "Rules for the Control of Air Pollution in Idaho," Sections 525 

through 538 (Registration and Registration Fees) 

In Reference (a), the Idaho Department of Environmental Quality (IDEQ) proposes to change 

rules governing the way major facilities register emissions and pay registration fees as currently 

required by Reference (b). The registration fees are used to support the Tier I (or Title V) 

operating permit program. This letter provides comments, in the attachment, on the proposed 

rule change. 

The current rule requires major facilities to register emissions and pay a registration fee annually 

by May 1. The registration provides the quantity of select air pollutants from Title V significant 

sources for the prior calendar year. The fee is currently based on the quantity of air pollutants 

registered and is calculated by the facilities. The proposed rule requires facilities to submit the 

registration earlier in the year (April 1 in 2003 and February 1 thereafter); IDEQ, instead of the 

facilities, to calculate the fee and submit a fee assessment to the facilities (May 25, 2003, and 

May 15 thereafter); and the facilities to submit the fee payment later in the year (July 1). The 

proposed February 1 date to register emissions does not allow sufficient time for facilities to 

collect year-end data and receive sample results through December 31 of the previous year and 

determine the previous year's emissions. The facility must then prepare the registration, obtain 

peer reviews and certifications for the registration, and submit the registration to IDEQ. I 

recommend establishing April 1 of each year as the earliest due date for the registration 

submittals. 

Any questions regarding this submittal should be directed to W. R. Dixon of my staff at (208) 

533-5294. 

~~~~ 

S. L Dunn, Manager 

Naval Reactors Idaho Branch Office 

-
 Attachment: 


Comments on Docket Number 58-0101-0203 


cc: 	 W. E. Bergholz, DOE-ID ,., -	 .r\ "'" ,I""'f 

J. Johnston, IDEQ, Idaho Falls Regional Office 	 lJUU\";v'i 

S. A. Woolf, DOE-ID 
Comments on: 

IDAPA 58 - DEPARTMENT OF ENVIRONMENTAL QUALITY 


58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO 


DOCKET NO. 58-0101·0203 (FEE RULE) 


NOTICE OF RULEMAKING - PROPOSED RULE 


As published in the Idaho Administrative Bulletin, Volume 02-9, dated September 4,2002 


Select portions of the proposed rulemaking are included in these comments. From the proposed rule: 

"The 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." 

Comment Number 1. The State of Idaho Department of Environmental Ouality (IDEO) needs time to 

review the registrations, calculate the fees, and send fee assessments to facilities while still providing 

ample turn around time for facilities to process funds for paying the fees. Thus it is reasonable for 

IDEO to request the registrations to be due earlier than May 1 of each year. However, requiring the 

registrations by February 1 of each year does not allow sufficient time for a facility to collect year-end 

data and receive sample results through December 31 of the previous year, determine the previous 

year's emissions, prepare the registration, obtain peer reviews and certifications for the registration, 

and submit the registration to IDEO. April 1 of each year is recommended as the earliest due date for 

the registration submittals. 

For reference, the text of the proposed rule that this comment refers to is given below: 

"389. REGISTRATION INFORMATION. 

Any person owning or operating a facility or source during the previous calendar year or any 

portion of the previous calendar year for which Sections 387 through 399 appliesy shall, I3y on 

May April 1, 4-99J 2003 or within fifteen (15) days following the adjournment of the 2003 

regular session of the legislature, and each May February 1 thereafter register with the 

Department and submit the following information: (7 1 02)( ) 

01. Facility Information. The name, address, telephone number and location of the 

facility; (5-1-94) 

02. Owner/Operator Information. The name, address and telephone numbers of 

the owners and operators; (5-1-94) 

03. Facility Emission Units. The number and type of emission units present at the 

facility or the Tier I permit number for the facility; and (3 19 99)( 

04. Pollutant Registration. The emissions from the previous calendar year, or other 

('1/-a/lle (12) month period requested by the registrant and approved by the Department for 

oxides of sulfur (SOx), oxides of nitrogen (NOx), particulate matter (PM), and volatile organiC 

compounds (VOC) based on one (1) or more of the following methods chosen by the 

registrant: (3 19 9g)L-J. 

a. Actual annual emissions; or (3 19 99)( 
b. An estimate of the actual annual emissions calculated using the unit's actual 

operating hours, production rates, in-place control equipment, and types of materials 

processed, stored, or combusted during the preceding calendar year;..QI (3 19 99)( ) 

- c. Allowable emissions based on permit limitations. (3-19-99)" 

Comment Number 2. If the date for mailing the assessment of the annual fee is moved back due to 

allowing a later registration date (Comment Number 1), the fee payment due date needs to be moved 

back accordingly to allow facilities ample time to arrange for payment to be made. 

For reference, the text of the proposed rule that this comment refers to is given below: 

"3921. REGISTRATION BY THE DEPARTMENT FEE ASSESSMENT. 

Upon receiving registration materials from a facUity, the Department shall: No later than May 

25, 2003, and each May 15 thereafter, the Department shall send to each facility to which 

Sections 387 through 399 apply, by certified mail, an assessment of the annual fee payable by 

that facility. 5 1 94)( r 

and: 

"393. PAYMENT OF TIER I REGISTRATION FEE. 

Q1. Fee Payment Date. The registration fee shall be paid to and received by the 

Department; no later than July 1 of each year. Checks should be made payable to 

"Department of Environmental Quality". (5 1 94)( )" 
OCT 09 '02 05:13PM P.2

Department of Energy 

Idaho Operations Office 


850 Energy Drive 


Idaho Falls, Idaho 83401-1583 


October 9, 2002 RECBVED 

Paula J. Gradwohl 
 OCT 09 2002

Environmental Quality Section 
 DEQ Hearings Coorpinator 1 '"?, Attorney General's Office DOCKET NO. Of Q I -£))--t:; ./ 1410 N. Hilton 


Boise, Idaho 83706·1255 


SUBJECT: Comments on Proposed Rulemaking Docket No. 58-0101-0203 Fee Rule (TSETSD-02-165) 

Dear Ms. Gradwohl: 

The U.S. Department of Energy-Idaho Operations Office (DOE-ID) appreciates the opportunity 

to comment on the subject proposed Fee Rule. Please consider,these comments from the 

Idaho National Engineering and Environmental Laboratory (INEEL). These comments will have 

been transmitted to you via fax on October 9,2002 and also sent through the mail. 

COMMENT #1 

Section 387 - Replace the word "supporf' with "fund". Support infers that the fees are only one 

of several mechanisms for funding this program. 

COMMENTft 

Section 388.02 - Sources that come into the Title V Program should be under the same fee 

structure regardless of their deferral status at the time the rule is promulgated. If necessary, the 

Department could mOdify the fee structure applicable to &l the Title V sources through 

rUlemaking when Title V requirements become applicable to deferred sources. 

COMMENT #3 

Section 389 - The deadline for submitting registration information must be based on a hard date 

for 2003 and not 15 days after the end of the legislative session so sources do not have to 

search for the actual deadline. A February 1al deadline for submittal of the registration 

information after 2003 is not reasonable for the amount of information that will be required to 

comply with this section. Since this is emissions information for the entire calendar year. more 

than one month is necessary to assemble and validate the data, particularly for a large facility 

like the INEEL We propose the registration deadline be'changed to April 1 or remain at May 1 

per the eXisting regulation. 

COMMENT 1#4 

Section 389.05 & .07 - The INEEL fully supports the DEQ proposal to remove the Radionuclide 

Registration fee (Sec. 389.05 & 389.07) from the regulations. As stated in the letter (K. Kelly. 

Dea, titled "State of Idaho Title V Air Permitting", January 29,2002, TS-ETSO-02-194). the 

,-- DOe legal counsel has determined that the current radionuclide registration fees are not 

consistent with the law for several reasons. The fee is not reasonable and is unfair since it is 
OCT 09 P.3 '02 05:14PM 

Gradwohl. P 

well in excess of the funding necessary to regulate the INEEL (as stated in documents provided 


by DEQ during negotiated rulemaking), it is unfairly apportioned across Title V sources with the 


INEEL historically supplying around one third of the total fees collected. and It would assess a 


fee from DOE facilities that has nq relationship to the potential for environmental harm. In 


addition. the fee is unfair since it assesses fees for the release of radionuclides, which is only 


one of the hazardous air pollutants. and assesses fees for only radionuclides released from 


DOE sources when there are other regulated Title V radionuclide sources in Idaho. 


COMMENT#S 

Proposed Section 390 - Registration Fee Criteria. DOE is concerned that the proposed method 


of determining Title V fees does not allow a facility to adequately calculate and budget for the 


fee to paid in a given year. The fee calculation methodology should be established within the 


rule allowing sources to calculate their own fees. Any fee based on '1acility" or "registrants" 


costs should be provided to the source well in advance of fee calculation. The per ton of 


emissions fee could also be estimated for a given year and provided to the source to calculate 


fees. Section 123 requires certification of true, accurate and complete information. including the 


emissions data provided for Title V fee assessment. Any further routine analysis beyond a 


quick quality assurance check by the Department is unnecessary and adds additional cost to 


the Title V Program. 


COMMENT.6 

Section 390.c - The DEQ should routinely, quarterly, provide Title V sources with information on 


the OEQ resources that will be charged to them in enough detail that they can verify the 


relationship of the resources to the facility compliance activities. Tnis section would provide 


accountability for the Department and allow registrants to plan for budgeting purposes. Suggest 


changing Section 390.c. to: "FaCility Costs. The previous two state fiscal years' annual average 


direct and indirect costs attributable to the registrant. Costs assessed to registrants Shall be 


directly related to activities associated with Title V compliance at the affected source. The 


Department shall supply each registrant with an estimate of the hours and per hour costs it 


Intends to assess the Tier I Source by July 1at of the year prior to fee payment. The Department 


on an annual basis shall adjust costs per hour. A single per hour rate shall be determined and 


applied uniformly to all registrants during the assessment year. Each assessment year, the 


Department shall provide quarterly accounting statements, based on actual hours costed and 


Including a detailed explanation of costs. to each Title V source. The Department shall submit. 


on an annual baSiS, a detailed report to the legislature disclosing all costs assessed to all Title V 


Sources including an explanation of the assessed costs." 


COMMENT #7 


Proposed Section 391 • This section should be deleted since the information necessary to 


compute the fee should be made available to each source to perform their own fee calculations. 


COMMENT.S 

Propos~d Section 397 • Change OS.b. to "Fugitive dust emissions." Delete the exception clause 

and the last sentence. The Department cannot provide a reliable and accurate method for 

calculating fugitive dust emissions. the definitions. referenced are confusing and difficult to 

follow, the additional source of fees is limited, and the amount of resources needed to 

adequately track fugitive dust emissions would make this an inefficient use of funds. -, 
OCT 09 '02 05:14PM P.4

Gradwohl, P. 

Again, we appreciate the opportunity to participate in the rule-making process. If you have any 

questions on any of the above comments, feel free to contact either Stephanie Woolf, of my 

staff, at (208) 526·2187 or myself at (208) 526-1483. 

Sincerely, 

Teresa Perkins, Director 


Environmental Technical 


Support Oivlslon 


LOO~12 
RECEIVED ­ OCT 1 1 2002 

DEQ Hearings COordinator 


DOCKET NOV/O /-c");J.-() 3 


October 11, 2002 

Ms. Paula J. Gradwohl 

Environmental Quality Section 

Attorney GeneralDs Office 

1410 N. Hilton 

Boise, ID 83701-1255 - Re: Comments on Docket No. 58-0101-0203 (Fee Rules) 

Dear Ms. Gradwohl: 

The Intermountain Forest Association (IFA) provides a voice for forest products 

companies, forestland owners, suppliers and concerned citizens in the Intermountain Region. 

Our mission is to gain professional and public acceptance for active forest management that 

protect the environment and provides a sustainable supply ofproducts for people. Many IF A 

member companies are subject to Title V air fees. IF A submits the following comments to the 

Idaho Department ofEnvironmental Quality (IDEQ) proposed rulemaking Docket No. 58-0101­

0203 (Title V Air Fee Rules). 

IFA opposes the IDEQ proposal outlined in Docket No. 58-0101-0203, which proposes to 

replace the current Title V Air Fee Rule with a formulaic regulatory system initiated by an 

assessed "budget" amount and allocated through a mathematical formula combining a fee-forservice and an emission based calculations. 

IF A supports as a replacement to the IDEQ proposed rule. The Idaho Association of 


Commerce and Industry (IACI) has worked hard to draft a proposal that represents a rule forged 


through a consensus process. This consensus document provides for a Title V Air Fee program 

that will raise Title V Air Fees substantially and in excess ofthe presumptive minimum. In ­
Ms. Paula J. Gradwohl ..- October 11, 2002 

Page 2 

addition, it establishes a process to reduce program costs. 

IF A continues to believe that IDEQ should take internal measures to contain costs that 

would result in a program budget level of approximately $1.6 million, in line with states with a 

similar number ofregulated facilities. The IACI proposal provides for a $2.0 million program 

budget. The IACI proposal substantially raises fees on Idaho industries at a time of significant 

economic hardship. A dwindling regulated community cannot sustain the high costs ofIDEQ' s 

Title V Air Fee proposal. 

I. Idaho Industry does not support the IDEQ Proposal 

IF A does not support the proposed IDEQ Rule. IF A is not aware of any business sector 

support for the IDEQ proposed rule. It was not created through negotiated rulemaking 

procedures, but was presented through a series of "information" meetings. 

A. The Current Air Fee Rule Meets Federal Guidelines 

The Idaho Title V Air Fee Program is well funded and under no threat ofEPA sanction. 

IDEQ must recognize that the Title V Air Fee Program is mature (almost ten years old) and is 

phasing down. IF A strongly encourages IDEQ to reduce its spending levels to the federally 

approved presumptive minimum of approximately $1,600,000. 1 The IACI proposal meets all 

Federal standards and represents a consensus ofindustry. 

1. IDEQ's Title V Air Fee Program is Well Funded 

It is undisputed that since 1993 that IDEQ Title V funding has always exceeded EPA's 

presumptive minimum by substantial amounts. This was again true for FY 2002. According to 

the IDEQ financial office, IDEQ spent approximately $1,900,000, plus $429,000 from INEEL, 

for a spending level of approximately $2,329,000. The Title V Air Trust Fund, in FY 2002, 

collected $1,039,000 from industry, $429,000 from INEEL, and earned $67,997 in interest for a 

total of$I,535,997. The presumptive minimum was approximately $1,612,500 (43,000 tons x 

$37.50 per ton). The shortfall of approximately $76,503 is attributable to the fact that IDEQ did 

not collect any fees for permit modifications or renewals as provided by regulation. Now that 

Title V Permits are being issued, permit modification and renewal fees will increase. 

2. EPA will not Sanction Idaho 

1 Note: According to the most recent Idaho facility emissions, the presumptive minimum will be reduced again to . 

approximately $1,400,000. 

GOOC·14 
Ms. Paula J. Gradwohl 

October 11, 2002 - Page 3 

For the last two years IDEQ officials have argued that unless "adequate funding" defined 

as approximately $2,200,000 to $2,600,000 is not available, that EPA will either sanction Idaho 

by "cutting off highway funds" or, that IDEQ will "turn the program over to EPA." We believe 

that neither ofthese assertions is true or based in law. 

IACI members have discussed the possibility ofhighway sanctions with John lani, EPA 

Region 10 Administrator. EPA has not threatened sanctions to be imposed against Idaho. IACI 

knows ofno loss ofhighway funding ever occurring under the Title V Air Fee Program. 

Moreover, it is not possible for EPA to impose sanctions unless procedures are followed 

requiring the EPA to issue a Notice ofDeficiency giving Idaho eighteen months to cure that 

deficiency (40 CFR § 70.1O(b). This process is not ongoing and there is no threat ofit being 

initiated. 

Moreover, IDEQ cannot simply "turnover the Title V Air Fee Program" to EPA. The 

Title V Air Fee Program is well funded. There is no possibility ofEPA taking over the program 

and imposing costs of $4,000,000 against Idaho's industries. 

3. Title V Air Fee Program is Phasing Down 

Idaho's Title V Air Fee Program is almost ten years old. The program is mature and 


emissions are dropping, as is the number ofregulated facilities. Because emission levels are 


dropping, the amount ofmoney, which can be collected under the Title V Air Fee Program, 


must also drop. Emissions are expected to drop even further over the next five years, probably 


by ten thousand tons, reducing the presumptive minimum to approximately $1,400,000 or less. 


This is a program that has a declining industrial source base, and it is composed of companies 


that are suffering through the current recession. 


The IACI proposal, discussed below, reflects a more realistic program to keep IDEQ 


spending at a level substantially above the presumptive minimum, while bringing it into line with 


the Federally established presumptive minimum. 


B. IDEQ Fee Proposal is Unworkable 

The IDEQ fee proposal makes sweeping changes in ways that the Title V Air Fees are 

assessed to support an air permit program. What is substituted instead is a mathematical fee 

calculation system, which is difficult to explain and understand. It is a formulaic construction, 

which when repeated in public, is not easy to understand. ­
Ms. Paula J. Gradwohl >- October II, 2002 

Page 4 

1. Title V Facilities will not be able to Calculate Fee Amounts 

Proposed Rule 390.01 (a) provides for an appropriation as the first set in the fee process. 

The proposed regulation states: 

"Appropriation Minus Lump Sum Payments. Minus facility 

costs divided by emissions. Tbe total dollar amount of Tier I 

funds appropriated to tbe Department for tbe upcoming fiscal 

year, less tban any lump sum payments to be paid to tbe 

Department under Section 398, less tbe total of all facilities 

Tier I costs under Subsection 390.01.c., divided by tbe total 

tons of pollutants registered for tbe previous calendar year by 

all registrants under Subsection 389.04 and confirmed by tbe 

Department." 

It is simply impossible for members ofthe public to calculate this figure. The annual 

registration fee for each registrant is based upon the " ... Department's analysis of information 

supplied by the registrant under Section 389 and by the Department's emission fee calculation 

methodology." The fee is " ... equal to the result ofthe calculation in Subsection 390.01.a., 

multiplied by an emission figure in Subsection 390.01.b., plus the facility cost figure in 

Subsection 390.01.c." 

A review ofthese paragraphs reveals that an individual facility cannot, in advance. 

calculate its fees for a particular year. Any calculation offees requires numbers that are not 

available to the public on a reasonable basis. The numbers needed to be added, subtracted and 

divided, are not easily ascertainable or understandable. Since the number oftons of pollutants 

registered and the amount of fees will change from year to year, IDEQ's proposal creates 

uncertainty . 

Finally, because facility costs are defined as: 

"an average of two state fiscal years annual average direct 

and indirect costs attributable to a registrant in tbe Tier I 

program as determined by tbe Department." 

No member ofthe public can predict what this amount ofmoney is or will become, nor is 

there stated any standard by which costs are attributed or not attributed to a particular facility. 

2. IDEQ Penalizes Facilities Lowering Emissions 
Ms. Paula J. Gradwohl 

October II, 2002 - Page 5 

The IDEQ proposal is not self-supporting and discourages emission reductions. While 

the regulatory preamble states that its proposal provides an "incentive for emissions reductions" 

as provided for in I.e. § 39-115(3). This is not true. Because the IDEQ proposal is driven by 

an "appropriation" budget number projected at approximately $2,300,000 to $2,400,000 for FY 

2003,2004 and 2005 as emission levels drop or sources leave the program, the remaining 

sources are stuck with a larger percentage of costs. Facilities reducing emissions will be subject 

to higher per ton emission costs, thereby punishing companies who reduce pollutant levels. 

Because the costs ofthe program are unrelated to the amount of air pollutants or number of 

industries being regulated, there are no incentives to reduce emissions! 

3. Conclusion 

The formulaic system envisioned by IDEQ is unworkable and is the result of internal 

agency deliberations and spreadsheet calculations, which are incomprehensible to the regulated 

industry and the general public. 

- II. Air Fee Reviews 

IF A believes that there should be a comprehensive review ofthe Title V fee program every 


two years to establish what the IDEQ budget should be, how fees will be collected, and a 


projection ofthe INEEL lump sum payments. The goal is to gradually reduce IDEQ spending to 


be more in line with other states. Currently, IDEQ's program is one ofthe most expensive in the 


nation, with costs significantly higher than the federally "presumptive minimum." 


III. Conclusion 

IF A believes that that the program budgets level needs to be reduced, and that we support 


the IACI proposed rule. We would respectfully request that you withdraw the current docket 


and accept IACI's proposed rule. 


IFA appreciates the opportunity to submit comments on IDEQ's proposed rule as well as to 


provide our support for the IACI proposal as an alternative rule for consideration by IDEQ and 


the Board. IF A believes the IACI proposed rule will generate more than adequate funds for 


Idaho's Title V Air Fee. 


Sincerely, 

9-a.~ -

/-

Ms. Paula J. Gradwohl 

October 11,2002 

Page 6 

Jane A. Gorsuch 

Vice President of Idaho Affairs 

Intermountain Forest Association 

-" 


-


uOOC18 

Idaho Association of ~~~.ICommerce & Industry 

The Voice ofBusiness in Idaho® 

October 9,2002 

Ms. Paula 1. Gradwohl RECEIVED

Environmental Quality Section OCT 0 9 2002 Attorney General's Office 

1410 N. Hilton DEQ Hearings COQrdinator 

Boise, ID 83701-1255 DOCKET NO. 01 0 ( ~(J ;;J-c) ;. 

Re: Comments on Docket No. 58-0101-0203 (Fee Rules) 

Dear Ms. Gradwohl: 

The Idaho Association ofCommerce & Industry (lACI) is the leading Idaho trade 

association representing approximately three hundred companies throughout the state. The IACI 

Environmental Committee membership includes almost all companies subject to Title V air fees. 

IACI submits the following comments to the Idaho Department of Environmental Quality 

(lDEQ) proposed rulemaking Docket No. 58-0101-0203 (Title V Air Fee Rules). - IACI opposes the IDEQ proposal to replace the current Title V Air Fee Rule with a 

formulaic regulatory system initiated by an assessed "budget" amount and allocated through a 

mathematical formula combining a fee-for-service and an emission based calculations. 

IACI is also submitting an industry consensus Title V Air Fee proposal based upon the 

current and successful regulation designed to raise fees substantially in excess ofthe presumptive 

minimum, while establishing a process to reduce program costs. 

The IDEQ proposal substantially raises fees on Idaho industries at a time of significant 

economic hardship. The high costs ofIDEQ's Title V Air Fee proposal cannot be sustained. 

I. Idaho Industry does not support the IDEQ Proposal 

Neither IACI nor its members support the IDEQ Rule. IACI is not aware of any industry 

support for the IDEQ proposed rule. It was not created through negotiated rulemaking 

procedures, but was presented through a series of "information" meetings. 

A. The Current Air Fee Rule Meets Federal Guidelines 

The Idaho Title V Air Fee Program is well funded and under no threat of EPA 

sanction. IDEQ must recognize that the Title V Air Fee Program is mature (almost ten years old) 

and is phasing down. IACI strongly encourages IDEQ to reduce its spending levels to the 

P.O. Box 389 • Boise, ID 83701 • (208) 343-1849 • FAX 338-5623 GOOC1.9 
.- Ms. Paula J. Gradwohl 

October 9, 2002 

Page 2 

federally approved presumptive minimum of approximately $1,600,000. 1 The IACI proposal 

meets all Federal standards and represents a consensus ofindustry. 

1. IDEQ's Title V Air Fee Program is Well Funded 

It is undisputed that since 1993 that IDEQ Title V funding has always 

exceeded EPA's presumptive minimum by substantial amounts. This was again true for FY 

2002. According to the IDEQ financial office, IDEQ spent approximately $1,900,000, plus 

$429,000 from INEEL, for a spending level of approximately $2,329,000. The Title V Air Trust 

Fund, in FY 2002, collected $1,039,000 from industry, $429,000 from INEEL, and earned 

$67,997 in interest for a total of$1,535,997. The presumptive minimum was approximately 

$1,612,500 (43,000 tons x $37.50 per ton). The shortfall of approximately $76,503 is 

attributable to the fact that IDEQ did not collect any fees for pennit modifications or renewals as 

provided by regulation. Now that Title V Pennits are being issued, pennit modification and 

renewal fees will increase. 

2. EPA will not Sanction Idaho 

For the last two years IDEQ officials have argued that unless "adequate 

funding" defined as approximately $2,200,000 to $2,600,000 is not available, that EPA will 

either sanction Idaho by "cutting off highway funds" or, that IDEQ will "tum the program over 

to EPA." Neither of these assertions is true or based in law. 

IACI members have discussed the possibility ofhighway sanctions with John 

Iani, EPA Region 10 Administrator. EPA has not threatened sanctions to be imposed against 

Idaho. IACI knows ofno loss ofhighway funding ever occurring under the Title V Air Fee 

Program. 

Moreover, it is not possible for EPA to impose sanctions unless procedures are 

followed requiring the EPA to issue a Notice ofDeficiency giving Idaho eighteen months to cure 

that deficiency (40 CFR § 70.1O(b)). This process is not ongoing and there is no threat ofit 

being initiated. 

Moreover, IDEQ cannot simply "turnover the Title V Air Fee Program" to 

EPA. The Title V Air Fee Program is well funded. There is no possibility ofEPA taking over 

the program and imposing costs of$4,000,000 against Idaho's industries. 

IACI believes that IDEQ needs to act in a more cooperative and 

.­ straightforward manner with industry and the legislature. The discussion ofpossible sanctions is 

1 Note: According to the most recent Idaho facility emissions, the presumptive minimum will be reduced again to 

approximately $1,400,000. 

000C20 

Ms. Paula J. Gradwohl 

October 9,2002 - Page 3 

non-productive to resolving Title V Air Fee issues. 

3. Title V Air Fee Program is Phasing Down 

Idaho's Title V Air Fee Program is almost ten years old. The program is 

mature and emissions are dropping, as is the number ofregulated facilities. Because emission 

levels are dropping, the amount ofmoney, which can be collected under the Title V Air Fee 

Program, must also drop. Emissions will drop even further over the next five years, probably by 

ten thousand tons, reducing the presumptive minimum to approximately $1,400,000 or less. 

This is a program that has a declining industrial source base, and it is composed of companies 

that are suffering through the current recession. 

IACI's proposal, discussed below, reflects a more realistic program to keep 

IDEQ spending at a level substantially above the presumptive minimum, while bringing it into 

line with the Federally established presumptive minimum. 

B. IDEQ Fee Proposal is Unworkable 

The IDEQ fee proposal makes sweeping changes in ways that the Title V Air Fees 

are assessed to support an air permit program. What is substituted instead is a mathematical fee 

calculation system, which is difficult to explain and understand. It is a formulaic construction, 

which when repeated in public, is not easy to understand. 

1. Title V Facilities will not be able to Calculate Fee Amounts 

Proposed Rule 390.01(a) provides for an appropriation as the first set in the fee 

process. The proposed regulation states: 

"Appropriation Minus Lump Sum Payments. Minus facility 

costs divided by emissions. The total dollar amount of Tier I 

funds appropriated to the Department for the upcoming fiscal 

year, less than any lump sum payments to be paid to the 

Department under Section 398, less the total of all facilities 

Tier I costs under Subsection 390.01.c., divided by the total 

tons of pollutants registered for the previous calendar year by 

all registrants under Subsection 389.04 and confirmed by the 

Department. " 

It is simply impossible for members ofthe public to calculate this figure. The 

annual registration fee for each registrant is based upon the " ... Department's analysis of - information supplied by the registrant under Section 389 and by the Department's emission fee 

000[21 

Ms. Paula J. Gradwohl 

October 9,2002 

Page 4 

calculation methodology." The fee is "... equal to the result of the calculation in Subsection 

390.01.a., multiplied by an emission figure in Subsection 390.01.b., plus the facility cost figure 

in Subsection 390.01.c." 

A review ofthese paragraphs reveals that an individual facility cannot. in 

advance, calculate its fees for a particular year. Any calculation of fees requires numbers that are 

not available to the public on a reasonable basis. The numbers needed to be added, subtracted 

and divided, are not easily ascertainable or understandable. Since the number oftons of 

pollutants registered and the amount of fees will change from year to year, IDEQ's proposal 

creates uncertainty. 

Finally, because facility costs are defined as: 

"an average of two state fiscal years annual average direct 

and indirect costs attributable to a registrant in the Tier I 

program as determined by the Department." 

No member ofthe public can predict what this amount ofmoney is or will 

become, nor is there any standard by which costs are attributed or not attributed to a particular 

facility. 

2. IDEQ Penalizes Facilities Lowering Emissions 

The IDEQ proposal is not self-supporting and discourages emission reductions. 

While the regulatory preamble states that its proposal provides an "incentive for emissions 

reductions" as provided for in I.e. § 39-115(3). This is not true. Because the IDEQ proposal is 

driven by an "appropriation" budget number projected at approximately $2,300,000 to 

$2,400,000 for FY 2003, 2004 and 2005 as emission levels drop or sources leave the program, 

the remaining sources are stuck with a larger percentage of costs. Facilities reducing emissions 

will be subject to higher per ton emission costs, thereby punishing companies who reduce 

pollutant levels. Because the costs ofthe program are unrelated to the amount of air pollutants or 

number of industries being regulated, there are no incentives to reduce emissions! 

3. Conclusion 

The formulaic system envisioned by IDEQ is unworkable and is the result of 

internal agency deliberations and spreadsheet calculations, which are incomprehensible to the 

regulated industry and the general pUblic. 

000C22 

Ms. Paula J. Gradwohl 

October 9, 2002 

Page 5 

II. lAC I Title V Air Fee Proposal 

IACI proposes a Title V Air Fee program that is broadly supported by industry 

(Attachment A). This fee proposal will ensure that IDEQ has adequate funds well in excess of 

the presumptive minimum, while establishing a program to reduce IDEQ spending levels in 

recognition ofthe declining emission levels and number ofregulated companies. 

A. IACI Builds on Current Rule 

The lAC I proposal builds upon the current rule by taking the following steps: 

1. 	 An across the board increase in the fixed annual fee schedule and the per ton 

annual fee schedule often percent. This should raise approximately an 

additional $100,000. 

2. 	 The creation of a broader fee for service program. The current Title V Air Fee 

Rule provides fee-for-services for permit modifications and renewals. This fee 

for service proposal has not been utilized well by IDEQ and did not generate the 

estimated $200,000 which was based upon IDEQ financial information. 

- The proposed fee for service system is based upon IDEQ's information showing 

(Attachment B) that the average yearly cost directly billed by IDEQ for two 

years to Title V industries is $948,728. IACI's proposal establishes a fee for 

service with a $7,500 cap per industry per year. This should generate at least 

$330,000 to $419,000. Of course, ifIDEQ takes no action to generate the fee 

for service, it does not receive the fees, but then again it has not taken any 

action. 

3. 	 IACI's proposal retains the $500,000 lump sum payment from INEEL. This 

payment has been made in amounts slightly more or less than $500,000 since 

1993. The INEEL payment is scheduled to be made this year and IACI believes 

it can be made each year thereafter; 

4. 	 IACI estimates interest on the Title V Air Fee Trust Fund as approximately 

$100,000. Last year's interest was approximately $67,000. Part ofthe problem, 

as the June 2002 Office ofPersonnel Evaluation (OPE) Report pointed out, is 

that IDEQ took funds out ofthe interest bearing Title V Air Fee Account and 

put them in a non-interest bearing account which lost interest; 

5. 	 Because INEEL monies were not paid into the Title V Air Fee Account 

additional interest was lost. The lACI proposal provides that those funds are to 

be paid into the Title V Air Fee Account where they will generate interest; 

6. 	 The IACI proposal will generate approximately $2,030,000 to $2,100,000 for 

FY 2004. 

-


(·-"'0" uU L":':­ ~3
Ms. Paula 1. Gradwohl 

October 9, 2002 

Page 6 

1. Ten Percent Fee Increase 

IACI proposes a ten percent increase in the fixed fee annual schedule at 

IDAPA Rule 527.06.aj. and the per ton annual fee at IDAPA Rule 527.06.a.ii be increased 

across the board by ten percent. This will raise at least another $100,000. 

2. Fee-For-Service 

IACI proposes to create a fee-for-service program that includes the current 

permit renewal and modification fees, but also adds a new fee-for-service dealing with permit 

maintenance. This would include inspections, monitoring and the like. This fee-for-service cap 

set at $7,500 per year per facility and should raise approximately $330,000 to $400,000. This 

data is based upon IDEQ's own calculations (Exhibit B) which show that its direct billing to 

industry according to its direct billable time to industry was, on average, $938,000 for the last 

two years. 

3. Lump Sum Payment 

IACI proposes to retain the INEEL lump sum payment of $500,000. This is 

currently working its way through the congressional legislative process and should be available 

during this fiscal year cycle. 

4. Interest on Air Fee Account 

The IACI proposal will retain the interest on the Air Fee Trust Fund, which last 

year was almost $68,000 and it is projected to be $100,000. 

5. Lump Sum Payment to Trust Account 

lAC I is proposing that lump sum payments be made to the Title V Air Fee 

Trust Fund as provided for in Idaho law, I.e. § 39-118D, so it will earn interest for the fund. 

Apparently that has not happened in the past and needs to be corrected. 

IACI believes that since IDEQ will soon issue all of the Title V permits, and 

because the Title V program has matured, that IDEQ can gradually reduce its costs and develop 

more efficiencies in administering the program. 

III. Air Fee Reviews 

IACI believes that there should be a comprehensive review of the Title V fee program 

every two years to establish what the IDEQ budget should be, how fees will be collected, and a 
Ms. Paula J. Gradwohl 

October 9, 2002 

Page? 

projection ofthe INEEL lump sum payments. The goal is to gradually reduce IDEQ spending to 

be more in line with other states. Currently, IDEQ's program is one ofthe most expensive in the 

nation, with costs significantly higher than the federally "presumptive minimum." 

IV. Conclusion 

IACI appreciates the opportunity to submit comments on IDEQ's proposed rule as well as 

to submit an alternative rule for consideration by IDEQ and the Board. IACI believes its rule is 

the safest and surest way for the Title V Air Fee Program to be funded at a level more than 

adequate to meet IDEQ's needs. IDEQ's proposed rule is simply not workable. 

IDEQ has developed the proposed air fee rule without any real consultation with industry 

and without any evidence that it is workable. The IACI proposal is workable, simple and will be 

successful, as it has been for the last two years. The amount of money generated should be from 

$2,030,000 to $2,100,000 in FY 2004 and beyond. 

.-. 

Richard R. Rush 

Vice President for Natural Resources 

-

{JOOC25 

Attachment A 


UOOC,2'G 

IIdaho Association of l.!!!!!!!!!I!~~i Commerce & Industry - The Voice of1Jusiness in Idaho® 

PROPOSED RULE 


TITLE V FEES 


BY 

The Idaho Association ofCommerce and Industry 


October 9, 2002 


The attached proposed rule is presented by IACI as an industry consensus to replace the 

rule proposed by the Idaho Department ofEnvironmental Quality (Docket No. 58-0101­

0203). 

The lAC I members associated with the Idaho National Engineering and Environmental 

Laboratory have asked that we inform IDEQ that while they are supportive of the lAC I 

rule, they disagree with retaining the sections on Radionuclide Registration and Fees 

(389.05 and 389.07). 

Sincerely, 

\U{ Q\2.; 

Richard R. Rush 

Vice President for Natural Resources 

-


-


P.O. Box 389 • Boise, ID 83701 • (208) 343-1849 • FAX 338-5623 
IDAHO ADMINISTRATIVE CODE IDAPA 58.01.01 - Rules for the 


Department ofEnvironmental Quality Control ofAir Pollution in Idaho 


387. REGISTRATION AND REGISTRATION FEES. 


The purpose of Sections 387 through 399 is to set forth the requirements for the annual 


registration of Tier I sources and the annual assessment and payment of fees to support the Tier I 


permit program. . (. ) 


388. APPLICABILITY. 

01. Applicability., Sections 387 through 399 shall apply to all major facilities, 

including facilities that obtained air quality permits that limited potential emissions below major 

facility levels during the previous year. Facilities, sources and emissions exempt under Section 

301 are not required to register or pay fees. 

02. Deferred Sources. Certain sources may qualify for and request deferral from the 

Tier I operating permit program under Subsection 301.02.b.iv. and thereby not pay Tier I fees. 

On or before such time as those deferred sources are required to submit a Tier I operating permit 

application, the Department shall reconsider Sections 387 through 399 to determine whether an 

alternative basis upon which those sources shall register and be assessed and pay fees should be 

developed. ( ) 

389. REGISTRATION INFORMATION. 


Any person owning or operating a facility or source during the previous calendar year or any 


portion of the previous calendar year for which Sections 387 through 399 apply shall, on Aprill, 


2003 or within fifteen (15) days following the adjournment of the 2003 regular session of the 


legislature, and each February 1 thereafter register with the Department and submit the following 


information: (. ) 


01. Facility Information. The name, address, telephone number and location of the 

facility; (5-1-94) 

02. Owner/Operator Information. The name, address and telephone numbers of the 

owners and (5-1-94) 

03. Facility Emission Units. The number and type of emission units present at the 

facility or the Tier I permit number for the facility; and () 

04. Pollutant Registration. The emissions from the previous calendar year for oxides 

of sulfur (Sax), oxides of nitrogen (NOx), particulate matter (PM), and volatile organic 

compounds (VOC) based on one (1) or more ofthe following methods chosen by the registrant: 

( ) 

a. Actual annual emissions; or (<--__--I) 

Page 212 
IDAHO ADMINISTRATIVE CODE IDAPA 58.01.01-Rulesforthe 

Department ofEnvironmental Quality Control ofAir Pollution in Idaho 

- h. An estimate of the actual annual emissions calculated using the unit's actual 

operating hours, production rates, in-place control equipment, and types of materials processed, 

stored, or combusted during the preceding calendar year; or () 

c. Allowable emissions based on permit limitations. (3-19-99) 

05. Radionuclide Registration. The amount of radio nuclides from facilities 

regulated under 40 CFR Part 61, Subpart H, for which the registrant wishes to be registered to 

emit from each source in curies per year except that no amount in excess of or less than an 

existing permit, consent order, or judicial order will be allowed. (5-1-94) 

06. Regulated Air Pollutant Registration Fee. The registration fees set out in 

Subsection 389 shall be reviewed at least every two (2) years to assure the funds meet the 

presumptive minimum as defined by EPA. The annual registration fee is set forth in Subsection 

389 as provided in Section 394. 

( ) 

a. The Tier I annual fee schedule shall be as follows: (3-30-0l) 

i. A fixed annual fee for Tier I major sources with regulated air pollutants listed in 

Subsection 389.04 emissions as follows: () 

(l) Seven thousand (7,000) tons per year and above shall pay fifty-five thousand 

dollars ($55,000); ( ) 

(2) Four thousand five hundred (4,500) tons per year and above shall pay thirty-three 

thousand dollars ($33,000); ( ) 

(3) Three thousand (3,000) tons per year and above shall pay twenty-two thousand 

dollars ($22,000); 

(4) One thousand (l,000) tons per year and above shall pay seventeen thousand, five 

hundred dollars ($17,500); 

(5) Five hundred (500) tons per year and above shall pay eight thousand, three 

hundred dollars ($8,300); 

(6) Two hundred (200) tons per year and above shall pay five thousand, five hundred 

dollars ($5,500); and ( ) 

(7) Less than two hundred (200) tons per year shall pay two thousand, seven hundred 

and fifty dollars ($2,750); plus ( ) - lrOOC2~ 

Page 213 
IDAHO ADMINISTRATIVE CODE IDAPA 58.01.01-Rulesforthe 


Department ofEnvironmental Quality Control ofAir Pollution in Idaho 


ii. A per ton annual fee of thirty-three dollars ($33.00) per ton for all regulated air 

pollutant emissions for Tier I major sources listed in Section 393 as follows: ( ) 

(1) Greater than or equal to four thousand five hundred (4,500) tons per year not to 

exceed one hundred and ten thousand dollars ($110,000); () 

(2) Greater than or equal to three thousand (3,000) but less than four thousand five 

hundred (4,500) tons per year not to exceed fifty-five thousand ($55,000); ( ) 

(3) Greater than or equal to one thousand (1,000) but less than three thousand (3,000) 

tons per year not to exceed twenty-seven thousand, five hundred dollars ($27,500); 

(4) Greater than or equal to five hundred (500) but less than one thousand (1,000) 

tons per year not to exceed nineteen thousand, two hundred and fifty dollars ($19,250); 


( ) 


(5) Greater than or equal to two hundred (200) but less than five hundred (500) tons 

per year not to exceed eight thousand, two hundred and fifty dollars ($8,250); and ( ) 

- (6) Less than two hundred (200) tons per year not to exceed two thousand, seven 

hundred and fifty dollars ($2,750). ( ) 

b. The Fee-for-Service shall be as follows: Sources requesting Section 300 permit 

modifications, renewals or Program Maintenance Services including, but not limited to, site 

inspections, responses to public inquires, modeling, responses to site questions, and opacity 

readings by the Department shall be billed for actual time at a rate not to exceed seven thousand, 

five hundred dollars ($7,500) per facility per year as a Permit Modification or Program 

Maintenance Fee. Permit Modification and Program Maintenance shall be conducted by 

qualified department personnel. The Program Maintenance fee may only be charged to a facility 

with a Title V Permit in effect. ( ) 

c. Excess Fund Balance. In the event that on June 30 of any given year, the 

balance in the air quality permitting fund established by Idaho Code Section 39-118D exceeds 

two-hundred fifty thousand dollars ($250,000), the excess balance will be deducted from the 

appropriation amount used to calculate the following year's annual registration fees, pursuant to 

Section 390.01. ( ) 

07. Radionuclide Registration Fee. A registration fee of five dollars per curie per 

year ($5/curie/year) for facilities regulated under 40 CFR Part 61, Subpart H. The registration fee 

may be paid as provided in Section 399. ~ 

uooc<~ 0 

Page 214 
IDAHO ADMINISTRA TIVE CODE IDAPA 58.01.01 Rulesfor the 

Department ofEnvironmental Quality Control ofAir Pollution in Idaho 

- 08. Review of Department Budgeting Needs. A review of Department budgeting 

needs shall be conducted by a committee composed of five (5) individuals appointed by the 

Governor representing the Department and industries with Title V Permits. This committee 

through a public process shall recommend Departmental budgets for the next two (2) years. The 

committee shall seek to make the Departmental Program as efficient as possible and to reduce 

the costs to regulate industries. ( ) 

390. REQUEST FOR INFORMATION. 


Any additional information, plans, specifications, evidence or documents that the Department 


may require to make the determinations required under Sections 387 through 394 shall be 


furnished on request. ( ) 


391. (RESERVED). 


392. REGISTRATION FEE CRITERIA. 


01. Calculation of Fee. All registrants to which Sections 387 through 399 apply 

shall pay to the Department an annual registration fee. The Department shall determine the 

annual registration fee for each registrant based on the Department's analysis of information -, 

supplied by the registrant under Section 389. 

393. REGISTRATION FEE ASSESSMENT. 


No later than May 25, 2003, and each May 15 thereafter, the Department shall send to each 


facility to which Sections 387 through 399 apply, by certified mail, an assessment of the annual 


fee payable by that facility. ( ) 


394. PAYMENT OF TIER I REGISTRATION FEE. 


01. Fee Payment Date. The registration fee shall be paid to and received by the 

Department no later than July 1 of each year. Checks should be made payable to "Department of 

Environmental Quality". <--J 

02. Fee Materials Mailing Address: All registration and fee materials should be 

sent to: 

Air Quality Tier I Registration Fees 


Idaho Department of Environmental Quality 


1410 N. Hilton, Boise, Idaho 83706-1255 


395. EFFECT OF DELINQUENCY ON APPLICATIONS. -


000031 

Page 215 
IDAHO ADMINISTRATIVE CODE IDAPA 58.01.01-Rulesforthe 


Department ofEnvironmental Quality Control ofAir Pollution in Idaho 


No pennit to construct or operate, other than those issued at the discretion of the Director, shall 

be accepted for processing, processed, or issued by the Department for any facility or to any 

person having Tier I operating pennit fees delinquent in full or in part. (5-1-94) 

396. APPEALS. 


Persons may file an appeal within thirty-five (35) days of the date the person received the 


assessment issued under Sections 393 or 396. The appeal shall be filed in accordance with 


IDAPA 58.01.213, "Rules of Administrative Procedure Before the Board of Environmental 


Quality". <'--) 


397. AMENDING REGISTRATION. 


Registrations may be subject to amendment and additional or reduced fees 


by the Department, or at the request of the owner or operator, should the Department 

detennine that the emissions and fees do not accurately reflect the operation of the facility 

398. EXEMPTIONS. 

01. Registration Fees. The following facilities or sources are exempt from paying 

registration fees under Sections 387 through 399: (7-1-02) 

a. Facilities and sources specified by the Department, after public notice, as exempt 

from the payment of registration fees; and (5-1-94) 

b. Country grain elevators. (5-1-94) 

02. Registering And Paying Fees. The following facilities or sources are exempt 

from registering and paying registration fees under Sections 387 through 399: (7-1-02) 

a. Facilities and sources specified by the Department, after public notice, as exempt 

from registration and the payment of registration fees; (3-19-99) 

b. Confined animal feeding operations; and (3-19-99) 

c. Insignificant activities identified in Subsection 317.01. (3-19-99) 

03. Paying Fees. The following emissions are exempt from registering and paying 

registration fees under Section 387 through 399: (7-1-02) 

a. Fugitive emissions from wood products. (3-7-95)L 

b. Fugitive dust emissions, except facilities listed in Subsections 008.10.c.i. and 

008.1O.c.ii. Facilities listed in that section shall not be required to pay fees for fugitive dust 

emission in excess of one hundred (100) tons. (4-5-00) 

Page 216 UOOC2~~ 
• 


IDAHO ADMINISTRATIVE CODE IDAPA 58.01.01-Rulesforthe 

Department ofEnvironmental Quality Control ofAir Pollution in Idaho 

-. 

399. LUMP SUM PAYMENTS OF REGISTRATION FEES. 

01. Agreement. The Department may, in its discretion, enter an agreement with any 

person for the lump sum payment of all, or any addition to, the registration fees required by 

Section 389. Lump sum payments shall be paid into the Title V Air Fee Trust Account. 

( ) 

02. Minimum Amount. The minimum amount for any lump sum agreement shall be 

three hundred thousand dollars ($300,000). (5-1-94) 

03. Payment Waiver. Upon the execution and full performance of the agreement by 

the person, the Department shall waive the payment requirements of Section 389. ( ) 

400. (RESERVED). 

-. 

000G23 


Page 217 
AttachmentB 

DEQ AIR PROGRAM 


-


8112/02 
..­

Potlatch St. MaJies 

DOElINEEL IRe (In Town) Idaho Falls 

Idaho Supreme Potatoes 

Rathdrum Power (COGENTRlX) 

FMC Astaris Pocatello . 14.00 

i-i:::-=7F-:~~';':':"':""::::~~==-.i...-----! 1--~-:::-;':::'=':+-;------,;':";::;;.J...';-'---.,;.1.,,;=;..i 

calculation. 

8112102 

Copy 

Department of Environmental Quality 

IN RE: Proposed Rules for the Control 

of Air Pollution in Idaho 

BEFORE 

LARRY WEEKS 

Hearing Officer 

October 8, 2002, 7 p.m. 

1410 N. Hilton 

Conference Room B 

Boise, Jdaho 83706 

Reported by 

Lynwana Seward-Avery, CSR, RPR 

CSRNo. 701 

uOJG~8 

Docket Nos. 

0101-0202 

0101-0203 

TIII RfAI.TIMI COURT III.POIt11JIS 

AND ASSOCIATES, LLC 

208·345·3704 • 1·800·424·2354 


Fox 208·345·3713 


605 WEST FORT STREET 


P.O. BOX 1625 • BOISE, ID 83701 


Home Page: http://www.tuckercourtreporters.com 


E-Mail: tucker@tuckercourtreporters.com 


Realtime· CaseView/Livenote . Nationwide Case Management· Business Meetings· lO-Day Tumoround 
Forthe Depanmnentof 

Environmental Quality 

For the Intennountain 

Forest Association 

For the Mountain Home 

Air Force Base 

APPEARANCES 


Kate Kelly 

Administrator ofAir Quality Div. 

1410 N. Hilton 

Boise, Idaho 83706 

Jane Gorsuch 

350 North 9th Street 

Suite 304 E 

Boise, Idaho 83702 

Chad Parent 

Building 1100 Liberator Street 

Mountain Home AFB, 83648 

-

- INDEX 

PROCEEDINGS Page 

October 8, 2002, 7 p.m. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 

Department ofEnviormental Quality 

1410 North Hilton 

RoomB 

Boise, Idaho 83706 

-

Rules for Control ofAir Pollution in Idaho Control ofAir Pollution 
 Dep~entofHeuth & 1Velfare October 8, 200:2: 


Page 1 

-1] BOISE, IDAHO 

j Tuesday, October 8, 2002, 7 p.rn. 

[3] 

[4] HEARING OFFICER: Let the record show that I 

[5] am LarryWeeks the hearing officer appointed to 

[6] conduct this proceeding. It is 7:05 p.m., on the 

[1] 8th of October 2002. 

[8] This is the time and place set to 


191 receive oral comments on two proposed rule dockets: 


[10] Rules for the control of air pollution in Idaho, 


[11} Docket Nos. 58-0101-0202 and 0203.Written 


[12) comments will also be accepted at this hearing. 


[13] We are in the DEQ conference center in 


114] Boise, Idaho. Notice of this hearing appeared in 


[15] the Idaho Administrative Bulletin, as required by 

[16] Idaho Code Section 67-5221, on September 4, 2002. 

[17] This publication was timely made and all necessary 

[18] notice reqUirements have been met. 

[19] All of those interested persons 

[20] attending this proceeding are asked to sign the 

[21] roster indicating a desire, ifany, to make an oral 

[22J presentation. After a brief statement made by DEQ 


,-l23] summarizing the proposed rule dockets, each person 


.e I] will be given an opportunity to comment on the 

,25] proposed rule. Since these proceedings are being 

Page 2 

[1] recorded, I ask that those who make oral 

[2] presentations state their name and provide the 

[3] spelling if necessary. 

[4] At this time DEQ will make its 

[5] statement, and then I will call upon persons who 


16] indicated on the roster that they would like to 


[7] comment on the proposed rules. 

IB] Ms. Kelly, I would think that you could 

(9J make your comments from there ifthat is okay with 

[10] the reporter. 

[11] MS. KELLY: Mr. Hearing officer, ladies and 

[12] gentlemen, my name is Kate Kelly, K-e-I-I-y. I am 

[13] the administrator of the Idaho Department ofAir 


114] Quality's Air Quality Division. My testimony will 


[15] briefly outline two proposed rules. The first 

[16] proposes revisions to certain discrete provisions 

[17] of the air quality permitting rules. The second 


(lB] specifically revises the Title V operating permit 


[19] registration and fee requirements. 

[20] The Idaho legislature and the executive

- J branch have determined that it is in the best 

,.<2] interest of the State of Idaho for the state 

[23J environmental agency rather than the federal 

[24] government to implement air quality permitting 


125] programs in Idaho. 


PageS 

[1] The air quality rules establish 

[2] requirements for three types of air quality 

[3J permits: Permits to construct for new or modified 

[4J sources, Tier 2 operating permits, and Tier 1 

[5] operating permits for major sources regulated by 

[6] Title V ofthe Clean AirAct. 

[1] The first rule docket proposes revisions 

[8] to those rules to correct and modify several 


191 specific provisions. The proposed changes cover: 


[10] A, update ofthe citations to the federal 

[11] regulations incorporated by reference. 

(12) B, adjustment of the permit to construct 

[13J application requirements for toxic air pollutants 

[14] to ensure consideration of the cumulative effect of 

[15] multiple air pollution sources and incremental 

[16] increases in emissions. 

117] C, removal of the grain-loading 

118] standard. 

[19] D, correction to a cross-referenced 

[20] section number regarding the pre-permit to 

[21] construct process. 


122] E, revision of time frames for filing 


[23] appeals to make them consistent with provisions of 


[24] the rules of administrative procedure before the 


[25J Board of Environmental 


Page 4 

11J F, clarification ofTier 1 permit 


[2J application submission by owners or operators of 


[3] deferred tier 1 sources. 

[4] G, codification of current pOlicies used 


[5) in interpreting and applying the rules for Tier 1 


[6] operating permit insignificant activities. 

[7] H, clarification of the process for 

[8] handling the expiration and renewal ofTier 2 


(9] operating permits. 


[10] I, correction of errors in spelling and 

[11) capitalization in the toxic air pollutant increment 

[12] tables and updating of compound values. 

[13] ), addition to new abbreviations. 

[14J The department has determined that these 

[15] rule changes are necessary to correct errors in the 

[16] rules, to provide certainty to the regulated 

(17] community and to ensure protection of public 

[lB] health. 

[19J The second set of rule changes being 

[20] proposed is the revision to the Title V fee and 

[21] registration provisions. The Idaho Department of 

[22] Environmental Quality has obtained authorization 

•[23] from the U.S. Environmental Protection Agency to 

[24J implement a Tier 1 air quality operating permit 

[25] program underTitle V of the Federal Clean Air Act. 

Tucker & Associates (208) 345-3704 Min-U-Script® (3) Page 1 - Page 4 
Control ofAir Pollution Rules for Control ofAir Pollution 10 Idaho 


October 8, 2002 Department ofHealth lit Welfare 


PageS Page 7 

[11 The federal Clean AirAct mandates that [lJ Environmental Quality in November of 2002, with a 

[3J 

l2J the 

ofthe

full 

Tier 

cost 

1 

of 

permit 

administration 

program be 

and 

funded 

implementation 

by a fee - [4) imposed on the facilities regulated under the 

[5J program. 


[8J The Deparunent of Environmental Quality 


[7] is authorized by state statute to impose such a fee 

[B] and to require facilities to register their air 


I.9J pollution activities. 


(10) The purpose ofthe proposed rule making 

[11J is to revise the existing structure for annual 

(12) registration ofTier 1 sources, and the annual 

[13] assessment and payment ofTier 1 fees. 

(14J The current structure is not 

[lS] self-supporting and adoption of a rule increasing. 

[16] the amount of fees paid by the regulated sources 

[17] will ensure sufficient funding and continued 

[18] compliance with federal requirements. 

[19J The proposed fee structure continues to 

[20] use a combination of service and emissions based 

[21J calculations to allow for an equitable allocation 

[22J of fee payments among the facilities and to comply 

[23J with a requirement of state statute that the fee 

[24] has an incentive for emissions reductions. 

~[225]_-=r:::.o:..:.b:.:e::t:::te::r...:in=:te::rfa:::=.::c:..:e:..-W1-.:.:·t:..:h-=t-=h-=e___________ 

PageS 

[lJ availability of information and state fiscal year 


[2J cycles, it is proposed that the dates for 


13] submission of registration information and fee 


[4J payments be changed. 


[5] Removal of provisions imposing 


[6) radionuclide emissions registration and fee 


[7J requirements on the U.S. Depanment of Energy 


[8] facilities is also proposed.The proposed rule 

[9] contains language stating when and if deferred 

[10] sources are required to submit a Tier 1 permit 

[11] application, the Depanment will reconsider the 

[12] registration and fee requirements to determine 

(13] whether an alternative basis to regulate those 

[14J types of sources should be developed. 

[15] The public comment period for both of 

[16] these rule docket closes on October 9, 2002. 

[17] Comments submitted to DEQ by that date will be 

[18] included and considered in a final proposal package 

[19] to be sent to the Idaho Board of Environmental 

[20] Quality. This package will include the transcript 

{21] of this hearing, all written public comments 

[22J received during the comment period, DEQ's response 

[23] to comments, and the final proposed rule. 

(24) DEQ intends to present the final 

(25] proposal of these rule revisions to the Board of 

l2J recommendation that the Board adopt the proposal as 

(3) a pending rule. 


(4J Ifthe board adopts a rule, and it is 


[S] approved by the Legislature, the pending rule will 


[8J become final and effective immediately upon 


[7] conclusion ofthe 2003 legislative session. 

[8] That concludes my comments, Mr. Hearing 

[9J Officer. 

[10) HEARING OFFICER: Thank you. Richard Rush, I 

[11) believe it would be okay, too, ifyou want to make 

[12) your comments from where you are, sir. 

[13J MR. RUSH: Thank you,Your Honor, that would 

[14J be very acceptable for me. For the record. my name 

[1S] is Richard R. Rush. Usually I go as Dick Rush. I 

[16] represent the Idaho Association of Commerce and 

[17] Industry. Our membership includes approximately 

[1B] 300 businesses and business associations throughout 

[19] Idaho.The Idaho Depanment of Environmental 

[20] Quality regulates many of our members. 


[21J First, thank you and thank Kate Kelly 


(22] and the agency for giving us time to comment on the 


[23J air quality regulations. 


[24] My purpose today is to give some very 

1.:[2:::::5:. 1 ~ge=n::e::::ra=--lcomments. IACI will submit formal written 

PageS 

[1] comments tomorrow on both regulations that were 

[2] considered proposed regulations that we are 

(3) considering here today. 

(4) Again, I understand that the comment 

[5] period does go through tomorrow.We will have our 

[S] comments in plenty of time. 


[7J The specific pending regulations were 


[S] covered by administrator Kelly, the rules to 


19] clarify and streamline the air committee process 


[10] and rules to set fees to administer the air permit 

[11] program under title V of the federal Clean Air Act. 

[12] As we read in the business section of 

[13] the newspaper everyday Idaho businesses and state 

[14] government, including DEQ I might add, are facing 

[15] some very tough financial times. The poor 


[16) financial condition of both industry and DEQ is the 


[17] major reason why we are so concerned about new 

[18] expensive regulatory programs. 

[19] Now, I will get down to the specifics of 

!(20] why we are here. First of all, docket 5801 0l'()202, 

i (21] the proposed provisions clarify streamline air 

! [22] quality committee process. 

This rule has more potential for a 

negative financial impact on Idaho's economy than 

[25] any we have dealt with for years. The title of 

Page 5 - Page 8 (4) Min-U-Script® Tucker & Associates (208) 345-3704 
Rules for Control ofAir Pollution in Idaho Control ofAIr Pollution ~p~entofHeuth & lVeu3re Octobtt"S,"2002 

Page 9 Page 11 

_ I1J this proposal is certainly one that IACI supportS: [1) unpopular, expensive, and piece meal regulation. 

~ Clarify and streamline. We just heard [2J We pledge to work in good faith as part ofthis 

[3] Administrator Kelly talk about a few of those [3] task force. 


[4J issues that need to be revised.And we certainly [4) In conclusion, we propose that we delay. 


[S] support that. [S] or that the agency delay the so called streamlining 

(6) Unfortunately partS of the rule such as [6] rules and the additional regulation and pollutants 


[7) proposed changes that govern toxic air pollutants, [7) until this task force of agency personnel and 


[lI) orTAPS, andTier 2 operating procedures do not (8) interested parties can meet in development plans 


[9J clarify or streamline the Idaho rules. Instead (9) for a truly streamlined air quality program. 


(10) they greatly expand Idaho's air quality program. (10) The second docket that we're allowed to 

(11) Public comments are due on these (11) comment on tonight is 580101'()203 establish Title V 

[12] proposed rules tomorrow, Wednesday. And IACI will [12] fees. This rule sets fees for air quality 

(13) provide detailed written comments to support our (13) operating permits paid by about 50 companies in 


[14) position.The follOwing are just a two of the [14] Idaho.And some of those have more than one 


[IS] topics we will discuss. [lS] facility.That number is changing as time goes on. 


[16] First, the proposed rules expand by (16) There is a long history of disagreement 

[17] DEQ's authority to regulate Idaho industry. And it [17] between industry and DEQ on the level of those fees 

[18] does so without support of any legal, scientific, [IS) and how the money has been spent. 

[19] or technical justification. [19] My purpose here today is not to talk 

(20) The proposed rules have been represented (20) about these past disagreements. Instead we wish to 

(21) to the public by DEQ as the first phase of a (21) develop common ground betWeen these few 50 fee 


[22) two-phase rule making. (22) payers and the agency so that the state continues 


(23) According to DEQ the first phase [23] to meet federal requirements and at the same time #- '4) represents short term, temporary, and minor fixes [24] keep the cost of the program reasonable and 

..:...~5]~a~n~d~c~l~arifi~·~ca~t~io~n~s~t~h~at~will~· ~b:.«:e~"~l'~h\Ei ...,r~tto~fu~rt~h=er~____ [25] competitive with surrounding states. 

Page 10 Page 12 

[1] changes in the second revision of Idaho's air [lJ The number of companies involved in the 

(2) quality proviSion procedures. (2) Title V program has declined dramatically since the 

[3] We oppose this piece meal revision of [3J program began and is now down to the current level, 

[4] Idaho's air quality permitting procedures. [4) if I added them up correctly, to approximately 50 


[5) Rules governing toxic air pollutants, or [5] fee payers. The reason is that many companies are· 


(6) the TAPS, dramatically alter the current rules that [SJ now below the Title V threshold because they 

[7) were negotiated just a few years ago.They [7) reduced pollution and are using actual emissions 


[eJ empower DEQ to potentially impose new operational [S] rather than potential to calculate the fees. In 


[9] limits for technologically control requirements on [9] the next year or two we understand that more 

[10] sources.TAPS will now be handled far differently (10J companies will drop from the program and/or reduce 

[11] than the current DEQ rules. This opens a huge new (11) their air emissions. 

[12] arena of emission regulation. DEQ does this [12] It is reasonable to expect that with 

[131 without justification as required by law. (13J fewer sources to regulate and with lowered 


[14) Under the state Environmental Protection [14J emissions that DEQ's cost will decline. 


115) and Health Act, DEQ is confined to promulgate [15J IACI opposes the DEQ proposal to replace 


[161 regulations that are necessary when feasible. [16J the current Title V air fee rule with the 


[17] Idaho stringency laws certainly come to mind when [17] formulatic regulatory system initiated by an 


(18J reviewing the new rule. DEQ, which is required by [18] assessed budgeted amount and allocated to a 


[19J state law to inform the public and the legislature [19J mathematical formula provided a fee for service in 
 ·-·.i~ [20J if a rule is more stringent, simply states the [20J an emission based calculation. 

'.....:::> -"J proposed rule mayor may not be more stringent than [21J Before comment period ends tomorrow IACI '::::> 

,J federal law. [22] will submit comprehensive comments and an industry,::;::) 

(23] IACI opposes adoption of the rule as [23] consensus Title V air fee rule proposal based upon -.:.:::> 

(24) written.We suggest that a task force process [24J the current and successful regulation designed to 


[251 should be established rather than this very [25] raise fees while establishing a process to reduce 


Tucker & Associates (208) 345-3704 (5) Page 9· PaRe 12
__ 

Control ofAir Pollution Rules for Control ofAir Pollution in Idaho 

October 8, 2002 Department ofHealth a Welfare 

Page 13 Page 15 

(1) program cost. 


(2J Your Honor, that is the end of my 


(3) written statements.Thank you very much for having 

(4) me here. 


[5J HEARING OFFICER: Thank you, Mr. Rush. 


[6] Jane, Gorsuch, could you come up to the 


[7J table, please? 


(8) MR. GORSUCH: Your Honor, thank you very much 

[9] for providing me this opponunity to come and speak 

[10] during the hearing on these two dockets. My name 

[11) is Jane Gorsuch. I am the vice president ofIdaho 

(12) affairs for the Intermountain Forest Association. 

(13) And I represent forest landowners and lumber mill 

(14) operators and paper mill operators here in the 

(15) state ofIdaho.They are almost all in one way or 

[16J the other regulated by this depanment.And a full 

[17] 98 percent of them will be impacted by these two 

[18) rules. 

[19] I would like to associate our comments 

[2Il] tonight Wi.t:4. thQse expressed by Dick Rush who just 

[21] spoke and to, basically, agree with the comments 

(22) that he has made in that on these two dockets 

[23) dealing with the title V program in the streamline 

[24) air rules.They represent an enormous change for 

~(25)~th~e~r~eg~u=l=a=tin~g~c~o=mm==_u_n_ity~in Id_a_h_o_.___________________ 

Page 14 

(1) The title V program represents a huge 

(2) increase in cost. As an example for our medium to 

(3) small size lumber mills this represents a fee 

[4] increase from about $5,500 per year to about 

[5] $15,~OO per year on average.And given that most 

(6) of our mills operate in rural areas where 

(7) unemployment rates are high and alternative jobs 

[8] and alternative industry are low or nonexistent, we 

[9] would like to express grave concern on the 

[10] continued effon to increase these fees on these 

[11] companies, particularly for a program that is 

[12] basically a paperwork program. And it doesn't 

[13) really add to improve air quality. 

[14] The streamlining air rules also provide 

[15] us with a great deal of consternation in that we 

[16J feel that it is a large expansion of the program in 

[17] the state.And we believe that both of these 

(18) dockets should be withdrawn. And we have joined 

[19) with the coalition of regulated community industry 

[20] and facilities in pledging our suppon to work 

[21] toward a consensus document on the Title V fee 

[221 structure which recognizes the things that do need 

[23J to be done, but also recognizes that the Title V 

(24) fee program could be run at a much lower cost to 

[25] the regulated community. 

(1) We also are interested in joining 

(2J together to work on a larger rule making that would -, [31 truly streamline these programs, the air programs 

(4) of the department of Environmental Quality. 


[5J And I think with that I will end my 


[6] formal statement. And thank you again for the 


[7J opponunity to be here and to provide additional 


(8) comments to those that were provided by Mr. Rush 


\9l on behalf of lAO. 


[10] HEARING OFFICER: Thank you. Do you have any 

(11) written comments that you wish to submit this 

(12) evening? 


[13) MS. GORSUCH: Your Honor, I will submit on 


(14) behalf ofIFA members comments on both of these 

(15) dockets prior to the comment period closing 

[16J tomorrow. But for this evening, no, sir, I do not 

[17] have any formal written comments to present. 

[18] HEARING OFFICER: Thank you. 

[19) Does anyone else here wish to make oral 

(20) comments here tonight? If not, I believe I will 

(21) put the hearing into recess until 7:35 just to 

(22) allow any late comers who might come by. We will 

(23) be in recess until then.We will be offthe 


[24) record.Thank you. 


~[25~)__~(R~e=c=e=s=s~.)__________________________________ 


Page 16 

(1) HEARING OFFICER: Let the record show it is 

(2) now 7:35 p.m., and no other members of the public 

[3] have appeared nor any other written comments 

(4) submitted.The sign-in roster on these two 


[5J dockets, which is a two-page document which will be 


[6) marked and admitted as Exhibit • -OOA. 


(7) (Exhibit • -OOA marked.) 

[8] HEARING OFFICER: And it is now 7:35.The 

[9] hearing is now closed. 


[10) (The proceedings then concluded.) 


(11) 

(12) 

(13) 

[14) 

(15) 

(16) 

[17] 

(18] 

[19] 

[20] 

[21) 

[22) 

-, 

[23) 

(24) 

(25) 

Page 13 - Page 16 (6) Min-U-Script® Tucker & Associates (208) 345-3704 
REPORTER'S CERTifiCATE 


STATE OF IDAHO ) 

) ss. 

County of Ada ) 

I, Lynwana Seward-Avery, Official Court Reporter. County of 

Ada, 


State of Idaho, hereby certify: 


That I am the reporter who took the proceedings had in the 

above-entitled action in machine shorthand and thereafter the same was 

reduced into typewriting under my direct supervision; and 

That the foregoing reporter's transcript contains a full, true, 

and accurate record of the proceedings had in the above and foregOing 

cause, which was heard at Boise, Idaho. 

IN WITNESS WHEREOF, I have hereunto set my hand this 

ffdaYOf ~ ,2002. 
SIGN-IN ROSTER FOR PUBLIC HEARl 

Docket Nos. 58-0101-0202 and 58-0101-0203 

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

DATE: October 8, 2002 

NAME MAILING ORGANIZATION Do you wish Do you wish to

to comment on cODllll8nt on (PLEASE ADDRESS REPRESENTED Docket No. Docket No. PRINT) (IF ANY) 58-0101-0202 58-0101-0203 

t~J\cw.l Po ~\'l. !>1«1 ~~~ ,}AGl, V~) f~) \k\~ "(,.1. ...,. 

6/I¥J f4r<£:rV7 ~1 \3 /SuJl.,. /)~) ,t/~Ni1)I('!ff. ;4Mrt, No No ~'I/1Vnh,,,, f/v"v. AA3 I 1I-3(.,4! 

U 
SIGN-IN ROSTER FOR PUBLIC HEARING 

Docket Nos. 58"()101..()202 and 58"()101..()203 

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

-- DATE: October 8, 2002 

NAME MAILING ORGANIZATION Do you wish Do you wish to 

(PLEASE ADDRESS REPRESENTED to comment on comment on 

Docket No. Docket No. PRINT) (IF ANY) 58-0101-0202 58-0101-0203 

To.VIe tl oYS lAck '3 so \oJ q "tl ':S\. r::::I: ,)~.. mOLl Y1"f-a ',,­

S,,-,-,,-1lL .!)oft: E. W.J?rt ~soc...~ 

BDl~ .1'0 

8."3"1-0 'Z..­

y.os ,/.os 

--­ -

.­
From: "Katie Sewell" <ksewell@boisestate.edu> C ECE'VED 

To: <KKELLY@DEQ.STATE.ID.US>, PHEITMAN@DEQ.STATE.ID.U~>1 _ 

Date: 10/23/02 4:25PM 

Subject: comments OCT 2 ~ 20D2 

Kate and Phyllis, 0 g~~E'teaNrings Coordinator 

. . D.L?!(; /~ 0;) C 3 

I would like to submit my comments on the Title V Fee proposal. I apologize for not getting my comments 

to your earlier. While I do not claim to represent small businesses, the Idaho Small Business 

Development Center does have an obligation to identify regulations that may affect and potentially unfairly 

burden small businesses. 

Deferred Sources 

Many small businesses fall within the scope of what is called "deferred sources." It is my understanding 

that these sources are deferred from the Tier I operating permit program for several years. There is also 

indication that EPA may decide not to require these sources to obtain operating permits. Until this 

decision is made, we have to assume that deferred sources will be subject to this Title V fee structure 

when they come into the program. It is critical that their voice be heard. These deferred sources are 

mostly small businesses run by busy owners who have no idea this rule-making is taking place. 

I applaud DEQ's inclusion of a statement to "reconsider Sections 387 through 398 to determine whether 

an alternative basis upon which those sources shall register and be assessed and pay fees should be 

developed." DEQ should at the very least be required to consult with and understand these sources as 

they "reconsider." Since these small businesses are very different from the companies currently paying 

fees and have had little voice in the discuSSions, a better approach would be to exclude deferred sources 

from this fee rule and enter into a negotiated rule-making with them to develop a fair structure iflwhen they 

come into this program. 

These small businesses do not have full-time environmental coordinators, have very small emissions, 

have simple processes, and usually belong to an industry sector with very similar practices (such as dry 

cleaners). According to SBA's Office of Advocacy, small firms with fewer than 20 employees spend four 

to five times the amount per employee to comply with environmental regulations than larger firms. Many 

of the deferred sources would fall in this category. 

DEQ has an opportunity to deal with these sources in a very different way than the existing Title V 

companies. For example, DEQ has talked about issuing a standard permit to these sources. Does this 

fee structure accommodate dividing the amount of time spent to develop the first such permit by the total 

number of firms that may use that standardized permit? There are many more questions that have not 

been considered because deferred sources do not currently fall under the fee structure. In any case, they 

should have a voice. 

Emission Reduction Incentives 

EPHA 39-115 states that the fee schedule for Title V "shall be structured to provide an incentive for 

emission reduction." While the proposed rule does charge a per ton fee appearing to create an incentive 

for emission reduction, in fact, this rule does just the oppOSite. If a facility reduces emissions, DEQ's 

program budget. which stays the same, is then divided by a smaller number with the result that all facilities 

have an increase in the per ton fee. In order for this rule to be an incentive, DEQ needs to reduce 

program costs, and per ton fees, as emissions decrease. 

IACI proposal 

- At the Common Sense Task Force, IACI mentioned submitting a proposal to DEQ. I did obtain a copy of 
IpAULA GRAbWOHL - comments Page 21 

this rule and provide comments based on an admittedly quick review. The fee structure proposed appears 

- to unfairly burden small sources and give advantages to large emitters. The lowest annual fee is $2.750 

covering all sources emitting less than 200 tons. Many of the deferred sources emit much less than 1 ton 

per year. In addition. by including caps on the per ton fee. the message. again. is that above a certain 

amount. your emissions are free. While I realize that this mirrors the existing rule structure. it does not 

(and has not) comply with the statutory requirement to provide incentives for emission reduction. 

Again. I would recommend that deferred sources be clearly excluded any fee structure currently being 

considered and that DEQ enter into a negotiated rule-making with these sources should EPA continue to 

require operating permits from these sources. 

Katie Sewell. Deputy Director 

Idaho Small Business Development Center 

Boise State University 

1910 University Drive 

Boise. Idaho 83725-1655 

(208) 426-3838 phone 

(208) 426-3877 fax 

ksewell@boisestate.edu 

www.idahosbdc.org 

directions solutions impact 

STATE OF IDAHO 


DEPARTMENT OF ENVIRONMENTAL QUALITY 


AIR QUALITY DIVISION 


RESPONSE TO PUBLIC COMMENTS 


RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO 


(Title V Fee Rule) 


DOCKET NO. 58-0101-0203 


The purpose of the rulemaking is to revise the Title V fee structure so that the agency can 

collect adequate funding to cover the full cost of the administration and implementation of the 

Tier I operating permit program as required by Title V of the Clean Air Act. The rule making also 

revises the Title V facility registration provisions. To collect input from interested parties, and 

explain the Title V program - and requirements and challenges facing the Air Quality Division ­

four rulemaking meetings were held. A formal public hearing on the proposed rule was held on 

October 8, 2002, and written public comment was accepted during the period from September 

4,2002 through October 9,2002. The following summarizes the comments received and the 

Idaho Department of Environmental Quality's response to those comments. 

PUBLIC COMMENTS AND IDEQ RESPONSES 

General Comments 

Comment 1: The Idaho Association of Commerce and Industry (IACI) and the 

Intermountain Forest Association (IFA) comment that that the proposed rule language was 

improperly created through information meetings and not by negotiated rulemaking procedures. 

IDEQ Response: This rulemaking has been and will continue to be conducted in full 

compliance with the requirements of the Idaho Administrative Procedures Act. There has been 

substantial outreach to interested parties and the public at large. Before developing proposed 

rule language, IDEQ notified seventy-one Title V facilities, industry-related associations and 

interested parties via electronic mail on November 28, 2001 that meetings would be held in 

December 2001 to begin discussions for revising the Title V fee structure. Meetings were held 

on December 6,2001, and on December 18,2001. IDEQ published a notice of negotiated 

rulemaking in the Idaho Administrative Bulletin on April 3, 2002. The proposed rule language 

subsequently developed was the subject of meetings on July 18, 2002 and September 18, 

2002, a public hearing on October 8, 2002 and a written comment period held from September 

4 through October 9, 2002. 

Comment 2: IACI and IFA comment that the Idaho Title V program is well funded. 

IDEQ Response: The Title V fee structure currently codified in Idaho's air quality rules 

generated $1,534,468 during state fiscal year 2002. The cost of running the Title V program 

during that same period was $2,350,925. Without revision, the current fee structure will not 

sustain the Idaho Title V operating permit program as required by federal law. The statement 

that this program is "well funded" is simply incorrect. 

Comment 3: IACI and IFA comment that EPA will not sanction Idaho for the collection of 

inadequate Title V fees. 

RESPONSE TO PUBLIC COMMENTS - 1 
IDEQ Response: The Idaho Legislature has found that "it is an obligation of the state of Idaho 

under Title V of the Clean Air Act to provide for an operating permit program for sources of air 

pollution in this state." Idaho Code Section 39-11BC(1). The Clean Air Act provides that "[a]II 

reasonable direct and indirect costs necessary for the development and administration of the 

title V operating permitting program must be recovered through fees collected from title V 

sources." 42 U.S.C. Section 7661a(b)(3)(A). On more than one occasion, EPA has expressed 

concern about the adequacy of Idaho's Title V fee collection. When granting conditional 

approval of Idaho's Title V program in 1995, EPA stated that it would "closely monitor the 

adequacy of the State's fee program during implementation to assure that adequate fees are 

collected." 60 Fed. Reg. 54990 (October 27, 1995). And more recently, upon granting full 

federal approval to the program, EPA included a statement that it was "not taking action on 

Idaho's revised fee rules. As previously discussed, EPA will be conducting a review of Idaho's 

title V fees to determine whether the fees collected are sufficient to cover its title V permit 

program costs and whether title V fees are used solely for title V permit program costs." 66 Fed. 

Reg. 42495 (October 4, 2001). 

As described in Attachment 1 (two electronic mail transmittals and one letter from the U.S. 

Environmental Protection Agency to IDEO), in the event EPA identifies a deficiency in Idaho's 

Title V program there could be severe consequences for Idaho industries. Under Section 179 of 

the Clean Air Act, if the deficiency is not corrected sanctions can - as a matter of fact and law ­

be imposed by EPA. Sanctions can include a higher ratio of emission offsets prior to 

construction or modification of a major source in a nonattainment area and the loss of federal 

highway funds in that area. Furthermore, in the event that the federal govemment was to run the 

Title V program in Idaho during a time when there were deficiencies in IDEa's operation, EPA 

has concluded that its costs would be twice as much as IDEa's projections. See Attachment 1 ; 

under the Clean Air Act, the source of that funding would be (much higher) fees imposed on - Idaho industry. 

The impact of potential sanctions is a very real and relevant consideration if the fee structure 

adopted into the air quality rules does not generate adequate funding for IDEa's Title V 

program. 

Comment 4: IACI and IFA comment that the IDEO Title V program spending levels 

should or will be lower in upcoming years because the Title V program is "mature and phasing 

down." 

IDEQ Response: This comment is outside the scope of this rule making. The core purpose of 

this rulemaking is not to limit the amount of IDEa's Title V operating permit program budget. 

The purpose of the rulemaking is to revise the Title V fee structure so that the agency can 

collect adequate funding to cover the full cost of the administration and implementation of the 

Tier I operating permit program as required by Title V of the Clean Air Act. The subject of what 

that cost is - or what it should or should not be - is a subject to be discussed as part of the 

annual appropriation process, not as part of this rulemaking. 

With that said, the Title V program in Idaho is not phasing down. With completion of the 

processing and issuance of the initial Title V permits at the end of this calendar year, Idaho's 

Title V operating permit program will enter an implementation, rather than a permit production, 

phase. During this transition, IDEa's Title V activities will shift, but not decrease. The focus will 

be on compliance evaluation and technical assistance, including inspections, emissions 

inventory and tracking, report receipt and review, and other tasks to ensure compliance with - permit requirements. It is anticipated that permit writing activities will decline, however, permit 

RESPONSE TO PUBLIC COMMENTS - 2 
modifications, permit renewals and the processing of new Title V and synthetic minor permit 

applications will continue. 

IDEO has analyzed agency and industry obligations under Title V and the impact that those 

obligations will have on IDEO resources in the upcoming years. A copy of that analysis and the 

budget and workload projections for SFY03 through SFY07 is attached as Attachment 2. In 

reviewing this document, EPA stated: We believe that the elements listed in Idaho's budgeted 

hours for FY 2003 reflect the minimum elements of a title V program that meets federal 

requirements and that the estimated budget hours are reasonable as the minimum amount of 

hours EPA (or contractors on EPA's behalf) would need to spend on these tasks." See 

Attachment 1. 

Comment 5: Several commentors, including IACI and IFA, assert that the IDEO Title V 

program spending levels should be lower in upcoming years because air pollution emission 

rates are falling, and that the proposed fee structure does not encourage emission reductions. 

IDEQ Response: The Title V fee program is not an emission reduction program. The Clean 

Air Act requires that IDEa's Title V permit program is fully funded by fees from the regulated 

facilities. At the same time, Idaho Code Section 39-115(3) requires that the Title V fee schedule 

"be structured to provide an incentive for emissions reduction." There is a direct correlation 

between a facility's emission rates and whether or not the facility is regulated under the Title V 

program. Once in the program, however, there is not a direct correlation between the emission 

rates from a Title V facility and IDEa's costs in regulating that facility and otherwise 

implementing and administering the Title V program. The revised Title V structure proposed by 

- IDEO incorporate a the requirement of Section 39-115(3) by including consideration of emission 

rates in the amount of fees a facility pays. Because of caps in the existing structure and IACt's 

proposed altemate structure, those fee calculations result in only moderate incentive for 

emissions reduction and little correlation between emission rates and fees paid. The revised fee 

structure that is proposed in this rulemaking has no caps on the per ton emission component, so 

more directly complies with Section 39-115(3) on a ton-by-ton basis. 

While statewide emission levels from Title V facilities may (and hopefully will) decrease in the 

future, there is no direct correlation between those levels and the cost to IDEO of running the 

Title V program. Unlike the current rule and IACl's alternate proposal, the fee structure 

proposed by IDEO in this rulemaking ensures adequate IDEO funding while taking into account 

potential fluctuations in emissions levels. Moreover, the absence of caps on the per ton 

calculation in the IDEO proposal provides more direct compliance with Section 39-115(3) of the 

Idaho Code. 

Comment 6: IACI and IFA state that the cost of IDEa's implementation of Idaho's Title V 

program should more closely match the "presumptive minimum" level set by EPA. 

IDEQ Response: Upon the initial adoption of Title V in 1990, EPA developed the concept of 

"presumptive minimum" as a way to assess the adequacy of a state's fee structure before the 

state had a record on which to determine the true costs of administering and implementing the 

program. The presumptive minimum amount is a guideline minimum level set by EPA. The 

amount becomes moot once the true costs of running the state program are known. Projections 

for the costs of Idaho's program - based upon experience and educated projections - are set 

forth in Attachment 2. Any discussion of presumptive minimum at this point is moot. 

RESPONSE TO PUBLIC COMMENTS - 3 
With that said, this comment is outside the scope of this rulemaking. The core purpose of this 


rule making is not to limit the amount of IDEO's Title V operating permit program budget. The 


purpose of the rulemaking is to revise the Title V fee structure so that the agency can collect 


adequate funding to cover the full cost of the administration and implementation of the Tier I 


operating permit program as required by Title V of the Clean Air Act. The subject of what that 


cost is - or what it should or should not be - is a subject discussed as part of the annual 


appropriation process, not as part of this rule making. 


Comment 7: IACI and IFA stated that low levels of Title V fee collections for the past two 


years can be attributed to the fact that IDEO did not collect any fees for permit modifications or 


renewals as provided by the current fee structure. Now that Title V permits are being issued, 


permit modification and renewal fees will increase. 


IDEO Response: IDEO did not collect Significant fees from Tier I permit modifications or 


renewals under the current Title V fee structure because such requests were not received from 


Tier I sources. IDEO agrees with IACI and IFA that, due to the issuance of many Tier I permits 


in recent months, permit modification and renewal requests will increase. It is in industry's 


interest that IDEO have sufficient funds available to process those requests. Because it is 


budget based, the fee structure proposed by IDEO as part of this rulemaking ensures adequate 


IDEO funding while taking into account potential fluctuations in workload associated with permit 


modifications and renewals. The eXisting fee structure, and the alternative proposed by IACI, 


do not have this flexibility and if left in place could again result in funding shortfalls if the 


workload does not meet the projections which are the basis for the proposal. 


Section 387 - Registration and Registration Fees. 


Comment 8: A comment from the U.S. Department of Energy (DOE) suggests replacing ­ the word "support" with "fund" in this section because support infers that the fees are only one of 


several mechanisms for funding this program. 


IDEQ Response: IDEO has made the requested revision. 


Section 388.02 - Applicability - Deferred Sources. 


Comment 9: DOE comments that aI/ Title V sources should be under the same fee 


structure regardless of their status at the time the rule is promulgated. If necessary, the 


Department could modify the fee structure applicable to all Title V sources through rule making 


when Title V requirements become applicable to deferred sources. 


AND 


The Idaho Small Business Development Center suggests that deferred sources be excluded 


from this fee rule, and that IDEO postpone any rule provisions for these sources until such time 


as they come into this program. 


IDEQ Response: The proposed language is intentionally written to include deferred sources. 


Under existing federal and state law, deferred sources are required to submit permit 


applications and commence paying fees at a date certain in the future. They are a part of the 


program already and should be a part of the rule. Under the proposed rule language, when the 


time for deferred sources to submit a Tier 1 operating permit is closer, the Department will 


consider an altemative basis upon which those sources shall register and pay fees. The review 


of the fee structure as referenced would necessarily require consideration of the impact that the 


addition of these facilities will have on the existing program. Any proposed changes to the 


RESPONSE TO PUBLIC COMMENTS - 4 
Idaho Title V program as a result of the addition of all or some of the sources presently deferred 

from the program will be made according to the process established in the Idaho Administrative 

Procedures Act; this will provide significant opportunity for all interested parties to participate 

and comment. No change has been made to this section. 

Section 389 - Registration Information 

Comment 10: DOE, DOE-Naval Reactor Office, and Mountain Home Force Base all 

comment that the registration and information submission dates proposed by IDEO do not allow 

facilities enough time to prepare their submittals. 

IDEQ Response: In response to these comments, IDEO has revised the registration and 

information submission dates to April 1, 2003 and each April 1 thereafter. 

Section 390 - Registration Fee Criteria. 

Comment 11: IACI, IFA and DOE expressed concern that the proposed method of 

determining fees does not allow a facility to calculate and budget for its fee prior to the receipt of 

the annual assessment from IDEO. DOE proposed alternative language for this section 

imposing more requirements on IDEO with regard to the limitation or reporting of IDEO costs 

associated with a particular facility 

IDEQ Response:' The costs to IDEO of administering and implementing the TItle V program 

are not directly related to the size of the facility regulated. The fee structure proposed by IDEO 

uses a combination of service- and emissions-based calculations to allow for an equitable 

allocation of fee payments among the facilities and to comply with a requirement of state statute 

_ 	 that the fee has an incentive for emissions reductions (see above). With regard to the servicebased component, the structure links agency costs to regulate a particular facility with the 

amount of fee paid by the facility. USing DEO's cost accounting system, information regarding 

costs and hours worked is readily available. After a certain amount of experience under the 

new system, facilities should be able to fairly well predict the amount of their fee payments 

based on the amount of interface they have had with IDEO staff over the past two years and 

based upon their annual emissions. If facilities want more information with regard to agency's 

costs to regulate them, more detailed or frequent information is available pursuant to the Idaho 

Public Records Act, Idaho Code Section 9-338 and as part of the annual appropriation process. 

Comment 12: Nonpareil expressed concern about the accuracy of IDEa's preliminary 

emission and fee information for individual facilities. 

IDEQ Response: The preliminary emission and fee information referred to was an example 

developed and distributed by IDEO based on 1999 emissions data. It was intended to be used 

for informational purposes only. 

Nonpareil has been subject to registration fees because it has had the potential to emit a 

regulated pollutant or pollutants in amount greater than or equal to 100 tons per year. A facility 

that emits at this rate is classified as a major facility for the purposes of Tier I operating permit 

requirements, including registration fees. 

On August 5, 2002, IDEO issued a Tier II synthetic minor operating permit to Nonpareil. This 

permit contains state and federally enforceable conditions that limit the facility's potential to emit 

to less than 100 tons per year of the criteria pollutants. Therefore, Nonpareil is no longer a 

major source subject to TIer I requirements. 

RESPONSE TO PUBLIC COMMENTS - 5 
Section 397.03.b - Exemptions - Paying Fees. 

Comment 13: DOE proposes revising this section as follows: "Fugitive dust emissions. 
 - Delete the exception clause and the last sentence. The Department cannot provide a reliable 


and accurate method for calculating fugitive dust emissions, the definitions referenced are 


confusing and difficult to follow, the additional source of fees is limited, and the amount of 


resources needed to adequately track fugitive dust emissions would make this an inefficient use 


offunds." 


IDEC Response: This comment is outside the scope of this rule making. Because IDEO did 


not propose revisions to Section 397.03.b, it is procedurally inappropriate for the Department to 


recommend changes to this provision in this rulemaking. However, IDEO will consider the 


comment and suggested change for a possible future rule making. 


Program Review. 


Comment 14: IACI and IFA request that the rule be modified to include a comprehensive 


review of the Title V fee program every two years to establish what the IDEO budget should be, 


how fees will be collected, and a projection of the INEEliump sum payments. 


IDEC Response: The rule was not changed in response to this comment. The fee structure 


proposed by IDEO is intentionally designed to accommodate contingencies without the need for 


time-consuming rule revisions. IDEO's budget is reviewed annually by the executive and 


legislative branches of govemment as part of the appropriation process. Moreover, the 


legislature can request more frequent reporting or more close scrutiny of IDEO's air quality 


permitting program should the need arise. 


IACI and IFA Proposed Rule ­ Comment 15: IACI and IFA submitted an alternate Title V fee rule proposal with their 


comments. The proposal includes: (1) a ten percent across the board increase in the fixed and 


per ton annual fee schedule; (2) creation of a broader fee for service program and an 


assumption of how much the fee for service will generate; (3) an assumption that there will be 


an ongoing lump sum payment from DOE of $500,000; and (4) an assumption of annual interest 


income into the fund of $100,000. IACI has estimated this proposal will generate approximately 


$2,030,000 to $2,100,000 for SFY04. 


IDEC Response: The altemate proposal submitted by IACI is simply a revised variation of the 


fee structure currently in place and adopted by the Board of Environmental Ouality two years 


ago. The alternate proposal submitted by IACI was not developed as part of any negotiation 


with IDEO. The proposal was not part of the language published by IDEO for public comment. 


The Idaho Administrative Procedures Act provides "Prior to the adoption, amendment, or repeal 


of a rule, the agency shall afford all interested persons reasonable opportunity to submit data, 


views and arguments, orally or in writing." Idaho Code 3 67-5222(1). For this reason, IDEO 

questions whether it would be appropriate, within the scope of this rulemaking and without 

further public notice, for the Board to adopt the altemative rule language proposed by IACt 

Regardless of the answer to that legal question, for the reasons summarized below, IDEO 

continues to recommend the Board adopt IDEO's proposal as amended, and asserts that the 

current rule structure - as is or as revised - is not workable. 

The Title V fee structure currently codified in Idaho's air quality rules generated $1,534,468 

during state fiscal year 2002. The cost of running the Title V program during that same period 

was $2,350,925. The balance in the Title V fund, which has been supporting the program, will 

be spent down by July 2003. The purpose of this rulemaking is to revise the Title V fee 

RESPONSE TO PUBLIC COMMENTS - 6 
- structure so that IDEO can collect adequate funding to cover the full cost of the administration 

and implementation of the Tier I operating permit program as required by Title V of the Clean Air 

Act The revisions to the current structure as modified in the IACI proposal may incrementally 

generate more funding, but have a fatal flaw in that their ability to generate adequate funding is 

contingent on certain assumptions. If the assumptions are not realized - as was the case for a 

number of them over the past two years - there is not enough money to run the program and/or 

IDEO has to pursue a rulemaking to revise the fee structure again. IDEa's proposal, on the 

other hand, is budget-based and self-supporting so that the fee assessment will match the 

appropriated budget for any given year. If emissions rates, lump-sum payments, or requests for 

service are lower or higher than expected, the IDEO calculation takes that fact into account and 

ensures that adequate funding is nonetheless generated. In addition, the IDEO proposal makes 

adjustment to the assessments if a fund balance begins to accrue as it has in the past; the 

current structure and lAC I-proposed revisions do not have this built-in mechanism. 

IDEQ INITIATED CHANGES 

Section 390.02 - Registration Fee Criteria - Excess Fund Balance. 

IDEO is recommending that this provision be changed from the language proposed to make it 

effective beginning the year the rule is approved. 

Section 390.03 - Registration Fee Criteria - Facility Costs. 

IDEO is recommending that this provision be added to the proposed rule to make it clear that 

the fee calculation formula applied to the other registrants would exclude registered emissions, 

- direct costs and indirect costs for any registrant who makes a lump sum payment. 

End of Comments 

-


RESPONSE TO PUBLIC COMMENTS - 7 
--

ATTACHMENT 1 

UNITED STATES ENVIRONMENTALPROTECTION AGENCY 

REGION 10 

1200 Sixth Avenue 

Seattle, WA98101 

MAY - 6 2002 

Reply To 

Attn Of: OAQ-I07 

RECEIV EO 

C. Stephen Allred, Administrator 

Idaho Department of Environmental Quality MAY 1~ 2002 

1410 North Hilton 

Boise, DEPARTMENT Of ENVIROtiMENTAL OUAl.l1Y ID 83706-1255 STATEAO PROGRAM 

Dear Mr. Allred: 

I understand that the Idaho Department of Environmental Quality (IDEQ) j~ currently 

preparing to revise its rules to increase fees assessed to stationary sources to support Idaho's 

federal air operating permits program under Title V of the Clean Air Act. EPA strongly supports 

IDEQ's efforts to increase Title V fees in Idaho and is concerned that IDEQ'" s efforts to 

implement Idaho's Title V operating permit program may be hindered if fees are not increased. 

Title V of the Act requires states to develop and implement an operating permit program 

for stationary sources of air pollutants. Section 502(b)(3) of the Act also requires that al1 sources 

subject to the operating permit program pay a fee that is sufficient to cover all reasonable (direct ­ and indirect) costs n~cessary to develop and administer the program. 

IfEPA determines that a state is not adequately administering its Title V operating permit, 

program, 40 C.F.R. § 70.10 provides for significant sanctions. These sanctions may include: 

(I) withdrawing approval of the state's operating permit program; (2) impleIT.lenting the federal 

operating permit program in Idaho and charging facilities fees to cover the program costs; and 

(3) applying highway funding and construction permit offs~t sanctions pursuant to Section 179(b) 

of the Clean Air Act. 

EPA has had concerns regarding whether IDEQ has been collecting sufficient fees to fully 

implement and enforce its Title V program since EPA first proposed to approve Idaho's Tier I 

program in 1995. See 60 Federal Register 54990 (October 25, 1995). In addition, EPA is 

concerned that Idaho's current operating permit program emission fees have not been keeping 

pace with IDEQ's estimates of what is necessary to implement all required Title V pennit 

program activities. These activities are listed in 40 C.F.R. § 70.9(b)(1) and include: reviewing 

and acting on permit applications, implementing and enforcing operating pennits, monitoring 

emissions (including ambient monitoring), preparing rules and materials to implement the 

operating permit program, developing modeling analyses, and preparing and maintaining 

emission inventories. 

The Title V operating permit program is an important too] for ensuring that Sources meet ­

their air emissions requirements. IDEQ has made good progress in issuing Title V operating 

()Printed on Recycled Paper 
to 	

From: <Kenknight.Jeff@epamail.epa.gov> 


To: <kkelly@deq.state.id.us> 


Date: 9/121024:25PM 


Kate, 

As you know, Steve Allred has asked us how much we think it would cost 

EFA to run a ti!:e V prugram in Idaho if Idaho decided to hand the 

program back to EPA. The cost of the program is, of course, important 

because the Clean Air Act requires that the pmglat'ncosts (whether run 

by the State or EPA) must be funded by feeSronected fronrttttay 

sources. See CAA section 502(b)(3); 40 CFR 70.9(a)"and1bj;4trCFR 

71.9(a). We understand that IDEO estimates that it needs approximately 

$2.2 million to run a title V program in Idaho that meets federal 

requirements and that Idaho industry believes this estimate is far too 

high. 

Before addressing Steve's question, we want to first stress that the 

title V program isn't really an "optional" program in the way that, for 

example, the NPDES or RCRA hazardous waste programs are. ·tf Idaho 

decided to hand back the title V program, the·CleanAirAct·anc,tthe1*'l 

.­

~70 regulations call for issuance of a Notice of Defici~ffihg 

ttJadminister and enforce an approved title V prograrri. See CAA section 

502(1); 40 CFR 70.10(b). If the deficiency (failure to run an approved 

program) was notconected within 18 monthsotthe1lOtice; Idaho would 

be subject to sanctions under section 179 of the Clean Air Act. These 

sanctions are significant; they include both a hi9hef1'atiedeniseiOiI 

offsetsthafa major source must obtain when ifConstructsor modifies 

.ma-nonattainment area and the lOSS.6 federaLbighway.funds:.' Although 

the offset sanction would apply only in nonattainment areas in Idaho, 

the loss of highwayfundswould apptythrot.tghetJt-ttre'state. Thus, the 

impact of mandatory sanctions needs to be considered in any discussion 

of whether costs to title V sources in Idaho would be lower if EPA were 

to run the title V program in place of Idaho. 

To respond fully to Steve's question-how much would it cost EPA to run 

the title V program in Idaho-we think it would take six to nine months 

to prepare a thorough analysis. However, we have given some thought to 

Steve's que~ion over U".e past twv Wei:~S and every indication is that it 

would cost EPA much more than the $2.2 million IDEO has estimated that 

it needs to run the title V program. In fact, we estimate (hat nwodtd 

costjust-under·$4;5mHtiort·fer'EPA-to run 8 part'¥1 fINIi§'''''' hi tttaltJ 

to replace Idaho's part 70 program. 

In coming up with this very preliminary number, we started with IDEa's 

January 2002 workload analysis. This analysis describes IDEa's title V 

program in very general terms and lists the tasks and hours needed to 

support the various elements of Idaho's title V program for 2003. we 

8e1i8\'e.that-theeJements. . .Jisted,..iJlJdabo~$blldgeteG'~2QQ8 

·reflecttheminimum~sof atitle-V'pregralR _FIIiEletsfeder'at 

reqWerneftts and that the ~,budgethoursare.reasonable.as.the 

miAimum-amountofhoursEPA (or contractors on EPA's behalf) would need 

to spend on these tasks. Of course, we excluded from consideration the 

antiCipated costs associated with Idaho's Tier 2 permit program. Also, 

- we did not include increases in travel costs, the ramp up time needed 

for brand new permit writers to come up to speed on Idaho title V 
.. sources and their applicable requirements, or any increases in outreach 

costs. 

We then assumed that Region 10 would need to hire contractors to perform 

much of the work of running the part 71 program in Idaho, at least for 

the first several years. because Region 10 is simply not staffed to 

handle the huge workload that would result from running the title V 

program in all of idaho. As I am sure you are aware, the cost of hiring 

contractors, many of whom would be engineers, far exceeds the cost of 

using salaried employees. 

As we have said, the total cost of EPA running the program described in 

Idaho's "title V Fee Activities, Projections for FY03, would be just 

under $4.5 million. Here is a little more information on how we reached 

that number: 

1. The salaryibenefits, plus the multiplier (to cover most 

overhead and fringe) and fee (this covers profit and extra 

financial benefits to the contractor for getting work done quicker 

and more efficiently) rates used in our calculations are based on 

the URS Greiner "cost and award fee" contract currently 

supporting the Superfund program for remedial response actions. 

After comparing these rates with estimates from other contractors 

in the Seattle area, we are sure these are much lower than average 

costs, and really close to the rates we would expect to pay for 

contract services to support an EPA run title V program for Idaho. 

2. The most technical tasks in Idaho's "title V Fee Activities, 

Projections for FY03 

- that is: the work devoted to inspections 

and inspection reports, compliance and technical assistance. and 

writing and modifying title V permits 

- would most likely be 

completed by engineers under contract. (These tasks are generally 

performed by engineers in other permitting authorities in Region 

10, and Region 10 does not have this many engineers on staff in 

the air program.) The cost per hour for these staff are assumed 

to be at a P2 or P3 salary range. so using the info from our 

existing Superfund contract, the total average cost per hour this 

engineering support (including multiplier and fee) would be 

$99.40/hour. IDEQ estimated that these taSkS WOUld take 26,400 

hours to complete. Therefore, the cost for engineering staff time 

to complete just these most technical tasks would exceed 

$2,624,000. 

3. The other tasks in Idaho's ''title V Fee Activities, 

Projections for FY03," (database support. project implementation, 

financial/accounting, enforcement, complaint investigation, 

program planning and oversight. public information requests, 

public education, monitOring, inventory development, and training) 

were costed out using the rates provided in our current Superfund 

contract for P1, P2, P3 and P4 (the least complex tasks would be 

charged to P1, the tasks needing more experience would be assigned 

to a P2, rule development and monitoring work was assigned to P3, 

and program implementation and oversight was assigned to P4 level 

staff). Crunching all the numbers for this work, our estimate for 

EPA's costs to run these activities of Idaho's program totaled 

almost $1.9 million. ($1,864,496). 

-


-

In short, the cost to EPA of running the entire title V program in Idaho 

'WOuld undoubtedly be far higher than the $2.2 million IDEQ has estimated 

it needs to run a title V program that meets federal requirements. 

Thus, title V sources in Idaho 'WOuld pay more in title V fees if EPA 

were to run the program. As discussed above. the Clean Air Act is clear 

that the title V permitting authority. whether it be the state or EPA. 

must collect from title V sources fees sufficient to cover all 

reasonable direct and indirect costs required to develop and administer 

a title V permit program. See CAA section 502(b)(3); 40 CFR 70.9(a) and 

(b); 40 CFR 71.9(a). 

Section 71.9(c) addresses how EPA 'WOuld establish fees for a part 71 

program. Although the default fee established for part 71 programs 

administered by EPA for calendar year 2002 is $37.27 per ton of actual 

emissions of each regulated pollutant (for fee calculation) emitted from 

the source (including fugitive emissions). the rule also contains 

provisions for deviating from that standard fee. ' In par:tk:ular. section 

71.9(c)(7) states that if EPAdetermines-jjlat ttle1!ltandEtRt fee 

stJudwesprovided in section 71.9(c)(1) through'(4)'donotreftect the 

costs of administering apart 71 program; EPA must by'rule set a fee • 

that,adequately, reflects permitprtlgFanlcosts'1or-the-puagraill. 

If you have any questions, don't hesitate to contact me. Thanks 

- Jeff Ken Knight 

U.S. EPA - Region 10 

Office of Air Quality 


Federal and Delegated Air Programs Unit 


206-553-6641 


cc: <Thie.Bonnie@epamail.epa.gov> 
From: <Kenknight.Jeff@epamail.epa.gov> 

To: <kkelly@deq.state.id.us> 

Date: 10/7/022:46PM 

Subject: Clarification on T5 Fee issues· geographic scope of sanctions - Kate, 

We need to make a clarification to the E-mail I sent you on September 

12, 2002 regarding the geographic scope of sanctions that would apply if 

Idaho did not have a part 70 program. The second paragraph of the 

E-mail states, .. Although the offset sanction would apply only in 

nonattainment areas in Idaho, the loss of highway funds would apply 

throughout the state." In fact, both sanctions apply only in 

nonattainment areas. 

This is expressly stated in the case of offset sanctions in Section 

502(i)(3) of the Clean Air Act. This is also the case for the loss of 

highway funds, however, because Section 502(i) references the SIP 

sanctions in Section 179(b) of the Act, and Section 179(b)(1) states 

that the loss of highway funds is applicable to nonattainment areas. 

EPA will soon be proposing a rule that addresses the order and manner of 

imposing sanctions for part 70 deficiencies. 

If you have any questions or need further clarification, don't hesitate 

to contact me. 

Jeff KenKnight 

U.S. EPA - Region 10 

Office of Air Quality 

Federal and Delegated Air Programs Unit 

206-553-6641 

cc: <VergerontJulie@epamail.epa.gov>, <Hardesty. Doug@epamail.epa.gov>, 

<Cole.Doug@epamail.epa.gov>, <8aker.Denise@epamail.epa.gov> 

-

ATTACHMENT 2 


Idaho Department of Environmental Quality 


Title V Program Projections 


SFY03 - SFY07 


June 18, 2002 
Table of Contents 

PROGRAM SFY03-07 NARRA TJVE DESCRIPTIONS ...................................................................... 1 


PROGRAM ACTMTY PROJEC1'IONS SFY03·07 ........................................................................... 3 


PROGRAM COST PROJECTIONS SFY03·07 .................................................................................... 4 


-

-

Title V Program Narrative Description - SFY04 and Beyond 

The Title V program is an integrated approach for industrial source management focused 

on facilities emitting the largest and most toxic amounts of air pol1ution. 

By December 2002, DEQ expects to issue all initial Title V Operating Permits. With 

completionofthe initial issuance phase ofldaho's Title V Program, DEQ win be 

entering into the implementation phase ofthe Title V Program. Consequently, DEQ's 

Tit1e V activities wilJ shift. The focus will be on compliance evaluation and technical 

assistance. Permit writing activities wilJ decline. However, permit modifications, permit 

renewals and some initial Title V and synthetic minor permits wilJ continue (Table 1 

shows the range ofTitle V activities for SFY04 and beyond) .. 

The federal Clean Air Act Amendments of 1990 at Section 502(b) (42 U.S.C.A. §7661) 

require that the owner or operator ofsources subject to Title V permit requirements pay 

fees to cover al1 reasonable direct and indirect costs required to develop and administer 

the program. The Title V fees that DEQ collects are used to pay for various activities as 

prescribed by law and defined in agency guidance (see Attachment 1: DEQ Title V Fee 

Charges, May 6, 2002). 

Table 1. Title V Activities for SFY04 and Beyond 

• 	 Permit Program Administration and Oversight: 

Air program administration for Title V including fiscal 

Title V program strategic plamiing, personnel, and budgeting 

Tit1e V program implementation oversight 

• Program Guidance and Rulemaking 

• 	 Permits: 


New Tier 1 permit development 


Tier 1 permit renewal 


Tier 1 permit modification 

New synthetic minor pennit development 

Permit handoffs for Tier Is or new synthetic minors 

• 	 Compliance Evaluation and Assistance: 


Comprehensive compliance evaluations 


Partial c.ompliance evaluations 


1nvestigations 


Complaint investigations 


Compliance assistance 


• Enforcement 

• . Ambient Monitoring and Quality Assurance 

• Emissions Inventory and Tracking 

• Small Business Assistance 

• Training 

- 1 ­
Issues for Implementation Phase Worldoad - SFY03 to SFY07 

Deferment ofsome smaller businesses (rock crushing facilities, hot mix asphalt plants, 

concrete batch plants, auto body shops, and dry cJeaners) from participation in the Title V 

program expires in 2004. Tier I operating permit applications for these facilities are due 

in 2005. Receipt ofthese applications and issuance ofthese peI1Illis will seriously impact 

DEQ's workload and increase small business assistance costs. This additional workload 

has not been analyzed for this program cost projection. In addition to increased program 

costs for permit issuance, DEQ would also be required to inspect some minor area 

sources, like dry cJeaners, that are currently inspected by EPA. 

DEQ's compliance workload will increase as a result ofthe implementation ofthe 

national Clean Air Act Compliance Monitoring Strategy (EPA memorandum, May 14, 

2001). The updated CompJiance Monitoring Strategy places emphasis on Title V major 

sources and requires a full compliance evaluation be conducted, at a: minimum, once 

every two years at all Title V major sources (except for those designated by DEQ as Title 

V mega~sites). The full compliance evaluation is a more comprehensive inspection then 

DEQ has historicaIJy performed and builds upon the Title V program principles of 

establishing cJear requirements, creating facility responsibility through compliance 

certifications, and ensuring accountability through comprehensive inspections conducted 

byDEQ. 

-

-


~2
Title V Program Activity and Workload Projections for SFY04 

As Idaho's Title V Progrcnn enters the implementation phase, the focus will be on 

compliance evaluation and technical assistance. Table 2 summarizes the hours and 

projected hours for each Title V activity from SFY01 to SFY04. The Table demonstrates 

the changes in workload under the implementation phase ofIdaho's Title V program. For 

SFY04, estimates come from a "Part 70 Fees Workplan" prepared by DEQ. For SFY03, 

estimates of hours and activities were obtained from DEQ's strategic planning and budget 

process. 

Table 2. Title V Program Hours and Activity Trends 

Hours· Activity History ­

Projections 

Initial Issuance i Transition iImplementation 

SFYOl SFJ'02 . SFY03 SFY04 

Administration, Oversight, 

Guidance, Rules . 

12,433.5 7,049.5 5,869.0 11,760.0 

Permits 31,2053· 23,669.5 22,249.0 12,040.0 

CompJianceff echnical Assistance 3,195.1 . 5,348.9 15,926.0 17,000.0 

Enforcement 2,300.6 1,045.9 3,568.0 2,080.0 

Ambient Monitoring 2,722.4 2,581.1 316.0 1,040.0 

Inventory Development 3,797.7 3,264.2 1,015.0 1,040.0 

Small Business Assistance 2,080.0 2,080.0 0.0 120.0 

Trairiing 2,857.6 809.5 200.0 

Leave 10,834.1 8,393.3 

Total Title V Hours 71,426.3 54,241.9 49,043.0 45,280.0 

NOTES: 

• SFYO) - Data from actual hours worked. 

• 	 SFY02 • Data from actual hours worked through 5/31102 projected to year-end by mUltiplying 26124 

(remaining pay periods). 

• SFY03 • Data based upon budget loads as of6/18/02. 

• SFY04 • Estimated number ofhours per category documented in "Part 70 Fees Workplan." 
Idaho Title V Program Cost Projections SFY03-07 -, 

Assumptions 

• 	 For future years, program costs can be estimated based on the number of hours and 

category ofpersonneJ necessary to meet activity projections. 

• 	 Indirect costs are assumed to be 40% ofthe total personnel and fringe costs. 

• 	 Capital appropriations during SFY03 are $32,000 

• 	 Operating costs are based on personnel category and number ofhours. Agency wide 

the cost are $6,000 for each program office or regional office FTE. Operating costs 

for Technical Service personnel are $9,000 for each FTE. Additional operating costs 

of$] ,000 per monitoring site is included to conduct audits. 

• 	 A 3% annual inflation factor is assumed for personnel and fringe, indirect, capital, 

operating and contractual for SFY05 through SFY07. 

Table 3. Title V Program Costs 

SFY01 SFYOl SFY03 SFY04 SFYOS ' SFY06 SFV07 

Hours 71,426.3 54,241.9 49,043.0 45,280.0 ' 45,280.0 45280.0 45280.0 

Personnel and 

Fringe 1,668,801 1,368,379 1,270,851 1,330,000 1,369,900 1,410,997 1,453,327 

Indirect 398,100 547,351 508,340 , 532,000 547,960 564,398 581,330 

Capital Outlay 8,350 61,803 

Operating! 

Contractual 

(Nonpersonnel) 

404,301 280,309 337,058 330,000 339,900 350,097 360,600 

Program Cost 2,479,552 2,257,842, 2,116,249 2,192,000 2,257,760 2,325,492 2,395,257 

-, 


NOTES: 

• 	 SFYO I ~ Actual expenditures. 

• 	 SFY02 • Actual expenditures through 5/31102, projected to year-end 

• 	 SFY03 - Dam based upoo budget loads as of6/18/02 

• 	 SFY04 Dam based upoo personne] category and estimated mnnber ofbours. 

• 	 SFY04 and Beyond - Assumes a fund shift of$300,000 to supp<rt monitoring and 

small business assistance. 

• 	 SFY04 and Beyond - Assumes Title V pennit requirements for facilities to conduct their 

own monitoring. 

• 	 Significant additional workload associated with adding deferred sources to the Title V program is not 

included in these cost projections. 

Based on this analysis, the average annual program cost from SFY04 through SFY07 is 

approximately $2.3 million. 

-4­
. _~.r 

ATTACHMENT 1 


,,­

,'-, 
" . 

SlATE OF IDAHO 

DEPARTMENT OF 

ENVIRONMENTAL QUALITY 	 ­ 1410 North Hilton' Boise, Idaho 83706·1255' (208) 373-0502 	 Dirk Kempthorne. Governor 

C. Stephen Allred, OireClOf 

May 6,2002 

MEMORANDUM 

To: 	 State Office Air Quality Managers and Staff 


Regional Administrators 


Regional Air Quality Program Managers 


Bill Gale, Technical Services 


Technical Services Discipline Leads 


Sharon Keene, Customer Service 


Dave Sande. Fiscal Office 


Larry Koenig. Planning 


FROM: 	 Katherine Kelly t Administrator II~..:< Air Quality Division ­ RE: 	 Guidance on Title V Fee Charges 

Attached is the final Guidance on Title V Fee Fund charges. < This guidance is effective 

immediately. 

Please distribute this information to your staff and ensure that they apply it when 


charging their activities. If you or your staff have questions about how this material is to 


be applied or would like to arrange a training session. please contact Alison Miller in the 


Planning Group. 


KK/tw 


Attachment 


CC: 	 lisa Kronberg, AG', OffICe 


Jon Sandoval, Director', Office 

Idaho Department of Environmental Quality 


Guidance on Title V Fee Fund Charges 


The federal Clean Air Act Amendments of 1990 at section 502(b) (42 USCA §7661) 

require that the owner or operator of sources subject to Tit]e V permit requirements pay a 

fee to cover a]] reasonable (direct and indirect) costs to develop and administer the permit 

program. 

Tide V applies to Tier I sources as defined in IDAP A 58.01.01.006.104. 

The Tit1e V fees that IDEQ co]]ects are used to pay'for many different activities. Some 

are fairly obvious. We use Tide V fees to develop a Tier 1 operating pennit. Sometimes 

it is more difficuh to tell whether Tide V or the base grant should be charged for an 

'activity. For example, sometimes development ofa Tier 2 operating pennit at a Title V 

faciHty is a base grant activity (SSBG) and sometimes it is a Title V activity (SS1V). 

There are also some genera] air program activities, 1ike monitoring, that IDEQ,has 

conducted using Title V fees. EPA guidance states that genera1 air program activities are 

e1igib]e for Title V funds to the extent they are also necessary for the issuance-and 

_ implementation o~Title V permits. 

To help you determine which activities must be charged to Title V funds and which 

activities may not be charged to Title V, we have developed a Title V Fee Eligible 

Activities matrix. Activities are split out by functional groupings (Administration, 

Stationary Sources, Mobile and Area Source Program, and Modeling, Monitoring,' and 

Emission Inventory)~ The matrix has three columns. One lists the activities we perfQnn. 

The other two identify whether the activity is charged to Title V or the base grant. To' 

simplify this guidance, we ignored other types of funding such as the 103 grant or 

CMAQ. 

DEQTime is the primary tool we use to guide which activities are charged to which 

funds. Because the correct fund is identified \'l,'hen the codes are established, most ofthe 

time a11 you need to do is report your activity by hour in DEQTime. It will automatically 

be charged to the correct fund. 

Tier 2 Operating Permits 

One ofthe confusing areas is the Tier 2 operating pennits. Tier 2 operating pennits are 

used for a variety ofreasons. Some Tier 2 operating pennits must be charged to Base 

funds and otherS' wilJ be charged to Title V. ' 

DEQ has decided that Tier 2 operating permits wi)) be charged to Title V, ifthe primary 

function ofthe Tier 2 pennit is either: 
. . .­ -.'. ldaho Department of Environmenta! Quality 

Guidance on Title V Fee Fund Charges 

May 6,2002 

Page 2 

-


(1) An initial synthetic minor penni! necessary for the facility to "opt out" ofthe Title 

V program, or 

(2) A compliance-related pennit necessary for the issuance of a Title V pennit. 

CompliancelEnforcement 

Compliance is a]so a potentially confusing area. Part 70.9.b.iv says that implementing 

and enforcing the terms of any part 70 permit are Title V program costs (excluding any 

court costs or other costs associated with an enforcement action). At DEQ we consider 

compliance and enforcement activities at Title V facilities to be Title V program costs 

unless the compliance is solely related to a PTC or non-Title V Tier 2 operating permit 

An example of a base-funded activity at a Title V Tacility would be a PTC permit handoff 

or review of a source test required under a PTC. lnspections at Title V facilities should 

be charged to Title V. 

, Enforcement at Title V facilities is charged to Title V except for court costs or other costs 

associated with an enforcement action. (part 70.9.b.iv) 

Monitoring 

Title V has traditionally funded between one quarter to one half ofDEQ's ambient air 

monitoring network. This is well documented in the staffing plan that DEQ submitted to 

EPA for tlie Title V Operating Program. 1n it DEQ states that Title V funds' would be 

charged for the activities offour Regional Air Quality Specialists who would be 

"involved in the Air Operating Pennits Program." The responsibilities for those positions 

include "design, operate, and maintain the air quality monjtoring network for the region." 

from State ofldaho Application Seeking Authorization to Administer and 

Enforce the Federal Operating Permits Program (Title V ofthe Clean Air Act 

and 40 CFR Part 70) Volume 1, Jan'uary, 1995 

The Title V program is moving from its initial permit issuance phase into an 

implementation phase. Where appropriate, Title V pennits will contain a requirement for 

Title V facilities to monitor ambient air quality. Along with this shift we have decided, 

as of SFY03, not to charge direct monitoring costs to Title V. Monitoring-related costs 

associated with implementation of a monitoring requirement documented in a Title V 

permit win be ch~ged to Title V funds. These activities include audits, reviewing 

facility monitoring plans, data retrieval and management, data analysis, and development 

ofguidance and assistance to facilities. 

Travel and Training 

Travel and training must be split into Title V~ and base-funded components when 

appropriate.1fyou attend a conference or training and 25% ofthe material covered is 

related to Title V p~ogram activities, then 25% of the cost ofthe training and travel 

-. 


should be charged to Title V. If, for example, you conduct inspections and 25% of your 

inspection workload each year is related to Title V sources, then 25% of any training you ­ receive on inspections must be charged to Title V. 
. -, .' . 

Maho Department of Environmental Quality 


Guidance on Title V Fee Fund Charges 


- May 6,2002 

Page 3 

]n cases when you are really not sure, use professional judgment. Ifyou begin working· 

on a faciJity that you think is not subject to Title V requirements, it should be charged to 

base funds. ]fyou then discover it is major source subject to Title V, you can begin 

charging to Title V. Your primary responsibility is to be consistent based on the 

information you have avai1able. The Title V Program Manager is avai1able to assist you. 

We would like to know any problems you encounter in applying this guidance, because 

we plan to update it. 

-

. .' . .'. . . ­ ldaho Depanment of Environmental Quality 

Guidance on Title V Fee Fund Charges 

May 6, 2002 

Page 4 

Administration - IActivity Title V Base 

State Air Program Administration AdministrCltion of Title V Administration of Base Program 

Program 

Planning Specific project costs may Most costs unless assigned specifIC 

be charged to Title V project 

Fiscal Activities related to the Title Activities related to base funded air 

V Program quality program 

Small Business Assistance Costs ClttributClble to assist Costs attributable to assist non-Title 

Title V sources to meet Title Vsources to meet CM requirements 

V requirements 

Travel and Training Training or travel related to Other general air program related 

NOTE: .Costs should be broken out Title V pro.gram or a Title: V travel and training 

proportionate to the percentage of Title activity (such as permitting 

V workload that the training or travel or an inspection). 

supports. 

Stationary Sources 

Non-Title V Fecility Definition 

Synthetic Minors prior to issuance of Tier 2 OP to opt out 

Title V Fecility Definition 

Synthetic Minors <lfter issued a T2 OP to opt out of 

of Title V program Title V program. They are not synthetic minors until 

they have a permit limit that is enforceable. 

Tier I sources defined in IDAPA 58.01.01.006.104 True Minors 

MCljor sources defined in IDAPA 58.01.01.008.10 

Title V Base .. Activity 

Permit to Construct 

Tier 1 Operating Permits 

Tier 2 Operating Permits 

Inspections/Complia nce 

Evaluation/Compliance Assistance 

Enforcement 

Industrial non-odor complaint 

Industrial odor complaints 

Rulemakings 

Projects 

Program Implementation 

All including public notice 

- Compliance related permits 

necessary for issuance of a . 

Title V permit 

- Initial synthetic minor permits 

Tille V facilities 

litle V facilities not including 

court costs or other costs 

associated with an 

enforcement action 

Title V facilities 

To be determined based on 

project (e.g. Title V fee 

negotiation) 

To be determined based on 

project 

To be determined based on 

project 

". ~ 

All 

• SIP related 

- F acility-change for Title V facilities 

• PTC compliance related facility-wide 

permits for all facilities 

- Minor facilities 

- Minor facilities 

- Compliance at Title V facilities for 

non-Title V permits 

(e.g. PTC permit haodom 


Minor facilities 


Minor facilities 


All 


To be determined based on projed 


(e.g. PTC and Tier 2 fee 

development) . 

To be determined based on projed 

To be determined based on projed 
Idaho Depanment of Environmental Quality 


Guidance on Title V Fee Fund Charses 


/~ay6,2002 

ge5 

Mobile and Area Source Programs 

Title V Base 

Activity 

Nonattainment Area Plans NAA SIPsforNAAQS compliance or 

enactment of state or local I regulations 

Rulemaking 

Mobile Source Programs 

Determined by project Determined by project 

All 

Smoke Management Programs All 

Odor Proaram All 

Airshed Manaaement All 

Nonindustrial Complaint Investigation All 

Monitoring, Modeling and Emission Inventory 

Title V Base 

Activity 

AQIIAQ Advisory Project All 

Emissions Inventory Title V facilities All non-Title V facilities 

Modeling Program Development All 

Wildfire Smoke Activities All 

rv'I"--"'ring Program Coordination Audits, oversight and data All other including NMOS 

management required by a compliance monitoring 

Title V permit or conducted to 

determine concentrations to 

support a Title V permit 

AIRS System Mgmt All 

AIRS/AFS Database Mgmt Title V facilities Non-Title V facilities 

Monitoring - Idaho's multiple site monitoring 

network designed to assess overall 

ambient levels and trends (NAMS, 

SLAMS. PAMS, urban airtoxics) 

Special Projects/Studies To be determined based on To be determined based on project 

project 
-

~ . 

) 

MEETING SIGN-IN SHEET 

Meeting Title: TITLE V FEE RULE INFORMATIONAL MEETING 

Meeting Date: 9/17/02 

Name 

//C', /7" !/!rfr I }(.Ljf::~ fV? J 

/p-~ 

AffUiation 

.(l(e{'B 

IbtuJ\~ I~I fi~ omc.. 

&~~TOfOu.:£~1 1t:~ 

::~~\~~~ I S 1\'%U7::.. LL c.. 

6:1h t-If<i1 I MoIL .\:0. rrir) 

~ 

Hv,!.... d Kldfl""'­ I b-tu'h... p~ Uf' 

Phone and FAX and E-MAIL 

0'6'/313 (:9 ~S---

~1)S" 

to <6 ~1?;, 0'&2 S 

~~~tk,.sf~:d,1l.S 

020(5 ­ 373- CY---112r 

ShJ1J1JJ2:>V-{Q)Ciet.SiQ.:-t' ,d ,tlLS 

Uf6)3 4~)-- GCo .~ Z­

(~-:)@,Ic...e,~ .\~-t268·5'4) "Illig 

t7\":1h /l A. I" t t1'(;111c) A1O'{/.\ (llrb), Or71''\.. 

r.... 1J7) "u""" ,(1?tA... 
-

--

L ..

-­

< 

A 

:s 

Jirl 

a '" 
 CIS 

~ 

'" a

.. 


f 

D 

a 

a 

.9 

:i 

~ 

·D a.. 
 ..... Ii!: 

s\)

.. 
 7­

() 

: 

',; 

J 

,6­

V 

~ j 

t.,.. 

-0 

~~ 

~~ ~\~ ~. 

~, 

'" 
 ~~ <I' 

"l~ ~ 

~\-\ 

-v ...I" 

\ 4 .­

~ 

(Y 

'V 

-;J 


(;),.. 

~ -..) 

, 

~ 

~ 

~ 

. -y 

@ 


\... 

~ 

.~ ..... 

~ 

..s: 

\') 

~ 0 

oJ . 

~ 

oJ 


~ 

~ :3 

'5JG 

V 

:~ \: 

L. 

l) 

\I' 

K 

~, 

"""­

< 

~ -

... 

..... '" 

! 

O{j 

'v -...,J 

~ 

.: 

0

{) ~~ \'j s::: 

e 

~ 

~ 

U

~ (X- ~ 0

n d)

, 

\.. 

~ -.I -"3 

~ 

e

\j :::t 

~ 

-,..; -e ... 

~ 

\S Q ~ 

c

" 
. 

u 

i 

-$ 

~ 

~ -4:-­

8 


S­

-0 

-6 

, 

ca 

LL. 

J::' 

j 


'2 

t 


~ 

a 


~ 

§ 

~ 

• 

~ \i' 

~~ () -;r 

~r\) 00 


3 fin 
 ' . 

~ ::>.... 

~ ..) 

e 

\\) 

~ '" 

Ul 

~ ~ \::t ~ <t 

Q., j 

\'2 

0.. 

~ ~ .~ 0 ~ 

vj 

\0 

(~ \

.. 

-t 

'-~ ,,), 

" ~ \ ". 

. \ 

~ 

~ 

~~ 

I. 

~ .. 


~ 

~ 

l 

""t

...s: 

<\I 

~,.. 

~ 

~ 

~ ,


.. 


-:! 


4 


~ 

d 


~ 

·l 

~ 
--

-

/ .' 

-

0 

,... . 

­ r:I .~ ----'"­ ~ i ~ \:; !J - ~ ­i ~ 

g ~ WJ () <:.) 

.~ p 

p

~ ~ V" iJ\ ...... ----' 

~ .,.::) -:::.. ~ 

-


.9

..., 

.!t 

~ 

.
. 
 •>. 
FtV\A ( 

'-----------­

State ofIdaho 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

Board ofEnvironmental Quality 

1410 North Hilton, Boise, 10 83706·1255, (208) 373·0502 Dirk Kempthorne, Governor 

C. Stephen Allred. Director 

DECLARATION OF RULEMAKING 


BY THE BOARD OF ENVIRONMENTAL QUALITY 


ADOPTION OF PENDING RULE 


DOCKET NO. 58-0101-0203 


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 Board of Environmental Quality adopted, as pending rules, the Rules for the Control of 

Air Pollution in Idaho as presented in the attached Final Proposal. 

I hereby certify that this action has been taken in compliance with Title 67, Chapter 52, 

Idaho Code. 

~ 

/I / J3/o:a. 

Paul C. Agidius, Chairman 

STATE OF IDAHO ) 

) ss. 

County of Ada ) 

On this l3!.icf November, 2002, before me, the undersigned, a Notary Public in and for 

said State, personally appeared Paul C. Agidius known to me to be the person whose name is subscribed 

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

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

year in this certificate first above written. 

Not~rfPUb"C!t1foJr~~J'\ Resldtng at:-!U~-",!,//2..JI::;.;:_:=;...,,~..:;;;;;;::::;.;;;;;:-==o.,;~CIiiiiiiii4'::;;'; 

Expires: '11 d. Ce I"7 r ' 
FINAL PROPOSAL 


RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO, DOCKET NO. 58-0101-0203 

The initial proposal appeared in the Idaho Administrative Bulletin, September 4, 2002, Vol. 02-9, 

pages 306 through 312. The Department of Environmental Quality recommends that the Board of 

Environmental Quality take the following action: 

IDAPA 58.01.01.387 through 392 ADOPT AS AMENDED 

IDAPA 58.01.01.393 through 394 ADOPT AS INITALL Y PROPOSED 

IDAPA 58.01.01.395 through 396 ADOPT AS AMENDED 

IDAPA 58.01.01.397 ADOPT AS INITALL Y PROPOSED 

IDAPA 58.01.~1.398 through 399 ADOPT AS AMENDED 
Proposed Motions for the November 2002 


Meeting of the Idaho Board of Environmental Quality 


Agenda Item #5 

Rules for the Control of Air Pollution in Idaho, Docket No. 58-0101-0203 

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. 58-0101-0203. 

/ 

//t<i/'.e vvi... 0-c~,-- ('3. ;2. .•i...')(.• 3 

£.,/' Cl-vvo.f '" ",fI ~ 

.j..., . 2.'7 Ct' 0 (j, b. C, (vi\. /0 7. 
-


} 
RULE PROMULGATION AUTHORITY CHECKLIST 

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

Docket No. 58-0101- 0)03 (Title V Fees) 

DATE INITIALS 

\~\~ 10\ . ~ }\\ ( c.-----­I Legal Review of Proposed Administrative Rules Form 

Approval Received from DFM/Governor 

Legal Review of ProposedlTemporary Rule Docket 

Director Approval of ProposedlTemporary Rule Docket -- W ~ Board Adoption of Temporary Rule 

~~ Legal Review of PendinglTemporary Rule Docket t 

lll.LrJ0l ~SA-Director Approval of PendinglTemporary Rule Docket 

Board Adoption of PendinglTemporary Rule 
Docket Number: 58-0101-0203 Effective Date: 2003 Sine die 

Rules Title: Rules for the Control of Air Pollution in Idaho 

Agency Contact and Phone: Kate Kelly. 373-0502 

Negotiated Rule Making: [Xl Yes [l No 

Groups Involved: List attached 

Descriptive Summary as Initially Proposed: 

This proposed rule change is a revision to the Title V fee and registration provisions. The Idaho 

Department of Environmental Quality has obtained authorization from the U.S. Environmental Protection 

Agency to implement a Tier I air quality operating permit program under Title V of the federal Clean Air Act. 

The federal Clean Air Act mandates that the full cost of administration and implementation of the Tier I permit 

program be funded by a fee imposed on the facilities regulated under the program. The Department of 

Environmental Quality is authorized by state statute to impose such a fee and to require facilities to register 

their air pollution activities. The purpose of the proposed rulemaking is to revise the existing structure for 

annual registration of Tier I sources, and the annual assessment and payment of Tier I fees. The current 

structure is not self-supporting and adoption of a rule increasing the amount of fees paid by the regulated 

sources will ensure sufficient funding and continued compliance with federal requirements. 

The proposed fee structure continues to use a combination of service- and emissions-based calculations 

to allow for an equitable allocation of fee payments among the facilities and to comply with a requirement of 

state statute that the fee has an incentive for emissions reductions. To better interface with the availability of 

information and state fiscal year cycles, it is proposed that the dates for submission of registration information 

and fee payments be changed. Removal of provisions imposing radionuclide emissions registration and fee 

requirements on the U.S. Department of Energy facilities is also proposed. The proposed rule contains 

language stating when and if deferred sources are required to submit a Tier I permit application, the 

Department will reconsider the registration and fee requirements to determine whether an altemative basis to 

regulate those types of sources should be developed. 

DEQ received public comments concerning the proposed rule and has revised the initial proposal as 

allowed under Section 67-5227. Idaho Code. DEQ recommends that the Board of Environmental Quality 

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 First Regular Session of the Fifty-seventh Idaho Legislature. The rule is 

subject to review by the Legislature before becoming final and effective. 

Hearings: N/A [X ] Yes [J No 

Locations and Dates: Boise, 10/8/02 

Written Comment Deadline: 10/9/02 

Other Opportunities to Comment: nla 

Relevant Statutes: Sections 39-105 and 39-107, Idaho Code. 

Cost Impact to Agency: Costs to implement this rulemaking will 

be paid out of the Title V fee fund and will be borne by the 

regulated entities required to pay fees under the rule. 

Cost Impact to Regulated Community: Title V stationary and 

portable sources will pay an increased fee. To the extent the fee is 

based upon the rate of emissions from a facility, management of 

emitted pollutants will provide sources an opportunity to control 

the amount of fees they must pay. 

II 

• Rulenl, ,-,! and Public Comment Summary - Page 1 
t-i 

. ) 

-

Section 

L , ~& ... --~ .....,.. - -­

Section Title 

, -~ ,.--­ - Summary of Rule Changes 

Based on Public Comment 

) 

-- ­ Outstanding Issues 

For a complete discussion of the public comments and 

DEQ's responses, see the attached Response to Public 

Comments. 

See attached Response to Public 

Comments. 

387 Registration and Registration 

Fees 

388 Applicability 

389 Registration Information 

390 Registration Fee Criteria 

391 Registration Fee Assessment 

392 Failure to Submit Registration 

Information 

393 Payment of Tier I Registration 

Fee 

394 Effect of Delinquency 

395 Appeals 

396 Amending Registration 

397 Exemptions 

398 Lump Sum Payments of 

Registration 

Rulemaking and Public Comment Summary - Page 2 
-

IDAPA 58 - DEPARTMENT OF ENVIRONMENTAL QUALITY 

58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO 

DOCKET NO. 58-0101-0203 - (FEE RULE) 

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 2003 Idaho State Legislature for final approval. The rule will become final and effective 

immediately upon the adjournment sine die ofthe First Regular Session of the Fifty-seventh Idaho Legislature if the 

rule is approved by concurrent resolution in accordance with Sections 67-5224 and 67-529], Idaho Code. The rule 

may be rejected, amended or modified by concurrent resolution ofthe LegiSlature. 

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, 39-107,39-110,39-115(3), 39-118D, and 39-119 Idaho 

Code. 

DESCRIPTIVE SUMMARY: A detailed summary of the reasons for commencing the proposed rulemaking is set 

forth in the initial proposal published in the Idaho Administrative Bulletin, September 4, 2002, Volume 02-9, pages 

306 through 312. DEQ received public comments concerning the proposed rule and has revised the initial proposal as 

allowed under Section 67-5227, Idaho Code, at Sections 387 through 392, 395, 396,398 and 399. The remaining 

sections have been adopted as initially proposed. The rulemaking record, which contains a complete consideration of 

the issues raised by the public and an explanation ofthe reasons for changes between the text of the proposed rule and 

the text ofthe pending rule can be obtained by contacting the undersigned. 

FEE SUMMARY: This rulemaking revises the requirements for the annual registration of Tier I sources, and the 

annual assessment and payment of fees to support the Tier I pennitting program. Collection of the fees is authorized 

by Sections 39-115(3), 39-] 18D and 39-119, Idaho Code. 

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

www.state.id.us/deq. 

ASSISTANCE ON TECHNICAL QUESTIONS: For assistance on technical questions concerning this 

rulemaking, contact Kate Kelly at (208) 373-0502 or kkelly@deq.state.id.us. 

DATED this 13th day ofNovember, 2002. 

Paula J. Gradwohl 

Environmental Quality Section 

Attorney General's Office 

1410N.Hilton 

Boise, Idaho 83706-1255 

(208)373-0418IFax No. (208)373-0481 

pgradwoh@deq.state.id.us 

IDAPA S8, TITLE 01, Chapter 01 


RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO 


Tbere are substantive changes from the proposed rule text. 


IDAHO ADMINISTRATIVE BULLETIN Page 225 January 1, 2003 - Vol. 03-1 
-


-, 

THE FOLLOWING IS THE TEXT OF DOCKET NO. 58-0101-0103 


Title V Fee 


387. REGISTRATION AND REGISTRATION FEES. 


The purpose ofSections 387 through 399 is to estahlish crite"ia set forth the requirements for the annual 


registration ofemissions Tier I sources, and the annual assessment and payment offees.foF to s¥:f!6R fund the Tier 


I permit5 program. Thefoe SlroelfJFe is 19 Jm3videflexthility filn~jinaReial slfilhility t9 the DeptiH'tmentJm3gram. 


~ 

388. APPLICABILITY. 

01. Applicability. IN fiI1'IY gi)len ye<H', Sections 387 through 399 shall apply to all major facilities, as 

defined in Section 008, including facilities that obtained air quality pennits that limited potential emissions below 

major facility levels during the previous year. Facilities, sources and emissions exempt under Section 301 are not 

required to register or pay fees. ~ 

02. Deferred Sources. Certain sources may qualifY for and reguest deferral from the Tier 1 

operating permit program under Subsection 301.02.b.iv. and thereby not pay Tier I fees. On or before such time as 

those deferred sources are required to submit a Tier I operating permit application, the Department shall 

reconsider Sections 387 through 399 to determine whether an alternative basis upon which those sources shall 

register and be assessed and pay fees should be developed. ( ) 

389. REGISTRATION INFORMATION. 

Any person owning or operating a facility or source during the previous calendar year or any portion ofthe 

previous calendar year for which Sections 387 through 399 appliesy shall, by on MfiIy April 1 , .J-99J 2003 or within 

fifteen (15) days following the adjournment ofthe 2003 regular session ofthe legislature, and each MfiIy Fe9ruart 

April J thereafter register with the Department and submit the following information: ~ 

01. Facility Information. The name, address, telephone number and location ofthe facility; (5-1-94) 

01. Owner/Operator Information. The name, address and telephone numbers ofthe owners and 

operators; (5-1-94) 

03. Facility Emission Units. The number and type ofemission units present at the facility or the 

Tier I permit number for the facility; and ~ 

04. Pollutant Registration. The emissions from the previous calendar year, er elhor twelve (2) 

menth ported requesled by the regiswQI'lt end apPffl~ed by the Department for oxides ofsulfur (SOx), oxides of 

nitrogen (NOx), particulate matter 1rM1 and volatile organic compounds (VOC) based on one (1) or more ofthe 

following methods chosen by the registrant: ~ 

a. Actual annual emissions; Q! 

b. An estimate ofthe actual annual emissions calculated using the unit's actual operating hours, 

production rates, in-place control equipment, and types ofmaterials processed, stored, or combusted during the 

preceding calendar year; or ~ 

c. Allowable emissions based on permit limitations. (3-19-99) 

Pari 6,1, SubpaR H, fo" which the regis/rent wishes Ie he registered Ie emitfoeM efileh seu7'C(J in cfJFies pe" yee" 
-

Few lheusand H" 4>/kw. ($30 0II()l.

" .e """""'" (4 , " ___ ". anf* ahfA'e l. 7 ,5IJ0) "''''per_ d (J.9 (JIJ ___ • snfll/pay ___!hi#:>-' iJ'_vl'tf::Jusand ,l._ della"s 

(3) 

(1) 

(5) Five Inmdred (5()()l7 WRSpe1'ye91' and aiJel'e !llI,all pay ' seven the~ d 

($7,500); 

(7) 
($2,500). (33001) -, 

h. SouFOes 1'equesting &etien 300 peffllit modifications OF rono:wsls shell p8}' an additionalfee. 

,%os shall he: (33001) 

i. Peffllit FOnffwsljee, ten thousand dellaFS ($10, (00); (3 3{J OJ) 

ii. ,%es.le1' mine1' peffllit madifieatiaT'lS es pFB'"ided in Section 383 shall he one thousand deUaFs 

($J,OOO): and (33001) 

Fees /tl1' signijie(:lRt fJOFmit modifications es pFBvided in $ection 382 shall he:fi;'Pe thousand 

o. len the e:t.'ent the mooies callectedfJUFsuant t9 &hsection 389. 06 foil t9 meel the fJ1'esumptive 

minimum established by 40 CFR .I'aR ro, any sheFlfoU shall he o?(pendedfFBm the ltkiha ail' quality fJeffliitting 

fundes necessary in accordance with &etion39 118D(2), Idaho Code. (71 02) 

($5kUFie/yeaF) ,/te1'facilities FOgulated untie1' 40 CFR PaR 6,', $~rt H. The 1'egist1'ationfee may he paid in towo 

(2) iRSJallments aspFBvideJ in $uhseetion 393.0J. (7 l (2) 

390. REQUEST,l?()R [I'll-ORMATION. 


Any additional ir;Offll6lion, p/al9S, specijieaJio:w, eo/idenee OF documents that the DepaFtment may FOquiFO t9 


make the deteminations roquirod unde!' &eti01'lS 387 tlwough 399 sh6II he /lm'lished 01'1 1'equest. (7 1 (2) 


39JQ. REGISTRATION FEE CRITERIA. 

- 01. Calculation Of Fee. All/acilities registrants to which this Section§ 39+87 through 399 appliesy 

shall pay to the Department an annual registration fee es roquirod hy $uesectieT'lS 389.06 and 389. 07. The 

Department shall determine the annual registration fee for each registrant based on the Department's analwis of 

information supplied by the registrant under Section 389 and the Department's analysis and engiT'lOeFing and 

technical fJ1'actiee. In. the event etafailure via foeility t9 suhmit pertinent 1'egistMtien in,foFmaJien, Ehe 

Depanmefllt may caieulate the foe and shaU fISSOSS the facility the fee and the cests oicaleulating thejee. The 

Deptl1'tmenl mtlY empleyprivate cenlffleteFs 10 dete1'mine the rogiStFalioniee by the Department's emissions fee 

calculation methodology. The fee is equal to the result ofthe calculation in Subsection 390.0I.a., multiplied by the 

emissions figure in Subsection 390.01.b., plus the facility cost figure in Subsection 390.0I.c.. ~ 

a. Appropriation Minus Lump Sum Payments, Minus Facility Costs Divided by Emissions. The 

total dollar amount ofTier I funds appropriated to the Department for the upcoming fiscal year, less any lump sum 

payments to be paid to the Department under Section 398, less the total ofall facilities Tier I costs under 

Subsection 390.01.c., divided by the total tons ofpollutants registered for the previous calendar year by all 

registrants under Subsection 389.04 and confirmed by the Department. ( ) 

b. Emissions. The total tons ofpollutants registered for the previous calendar year by that registrant 

under Subsection 389.04 and confirmed by the Department. ( ) 

c. Facility Costs. The previous two (2) state fiscal years' annual average direct and indirect costs 

attributable to that registrant under the Tier I program as determined by the Department. ( ) 

02. Excess Fund Balance. In the event that on June 30, 2003 ahny giVeR Y@8f or June 30 ofall 

fOllowing years, the balance in the air quality permitting fund established by Section 39-118D, Idaho Code, 

exceeds two hundred fifty thousand dollars ($250,000)' the excess balance will be deducted from the appropriation 
c- amount used to calculate the following year's annual registration fees. pursuant to Subsection 390.01. ( ) 

___O~3~. Pollutant Emissions and Facilitv Costs for Registrants Making Lump Sum Payments. In the 

event a registrant and the Department enter into an agreement for a lump sum paYment orall orthe registrant's 

Tier I registration tees as allowed in Section 398. the total tons ofpol/utants registered by that facility under 

Section 389 and the direct and indirect costs attributable to that facility under Subsection 390.0J.c. will be 

subtracted from the tormula that is used to calculate tees (or all Tier I facilities in Section 390. {---1 

39:2-1. REGISTRATION BYTHEl>EPARTMENTFEE ASSESSMENT. 


{]p8n roceivi:ng regis#8tiel'lmQterieisjrem QfQcUity, Fhe Deptwtme1'lt shell: No later than May 25,2003, and each 


May 15 thereafter, the Department shall send to each facility to which Sections 387 through 399 apply. by certified 


mail, an assessment ofthe annual fee payable by that fucility. ~ 

1Jl. Cempisene§S Revie". lklrie¥.' lhe mQleriQIIi»- QCeurtlCy Qnd theFeuglmeS5; (5,.1 94) 

(5,.1 94) 

OJ. Fee Assessment. Semi Ie the rogiS#81'1t, by certified mQil, Q1'I flSSCS6mC1'It efl.~fee Qmi Q roceipt 

shewi:ng Fhe fl1Hefi;/'II efpl'l)'1l'l.e/'ll FeCei';eti by the DeptH'tmel'lt. (5 } 94) 

392. FAILURE TO SUBMIT REGISTRATION INFORMATION. 

Any additional information. plans, specifications, evidence or documents that the Department may require in order 

to implement Sections 387 through 399 shall be furnished by the registrant to the Department on request. In the 

event of a failure of a registrant to submit complete registration information, the Department may calculate and 

assess the fee based on information otherwise available to the Department. ( ) 

393. PAYMENT DlJE OF TIER I REGISTRATION FEE. 

01. Fee Payment Date. The registration fee shall be paid to and received by the Department.,. no later 

than July 1 of each year. Checks should be made payable to "Department ofEnvironmental Quality'''. 

~ 

1Jl. A"nulll IkgistNlti91f Payments. Peyme/'ll hy "'fey l e/:cooh yetH' efflt IeflStjifty percent (50'#,) ef 

the Q1f/'Ifi;Q/ rogistrfltie1'l foe for the feliewing twehe (12) me1'lths, the 9aianee efthe fee Ie he paid by ANgHSt l. 

02. Amemime/'lls In Regist1'flli61fS Fees.•f4tJ.'1HC1ft within }eFfyjiWl (45) days 9f flSSeS5ment er 

1'Ietijie61ie1'l hy the DeptH'lmCl'lt. Fee Materials Mailing Address. All registration and fee materials should be sent 

to: 

Air Quality Tier I Registration Fees 


Idaho Department ofEnvironmental Quality 


1410 N. Hilton, Boise, Idaho 83706-1255 

394. EFFECT OF DELINQUENCY ON APPLICATIONS. 


No permit to construct or operate, other than those issued at the discretion ofthe Director, shall be accepted for 


processing, processed, or issued by the Department for any facility or to any person having Tier I operating permit 


fees delinquent in full or in part. ~ 

-
 395. APPEALS. 


Persons may file an appeal within thirty-five (302.) days ofthe date the person received the assessment and roeeipt 

issued tmder Subseeli6n 39.2. {)3, 61' within thirty (3()) days ofthe d8Ie the pe;"'S61'l received an essessment issued 

under Sections 391 or 396. The appeal shall be filed in accordance with IDAPA 58.01.23, "Rules of Administrative - Procedure Before the Board ofEnvironmental Quality". ~ 

396. AMENDING REGISTRATION. 


Registrations may be subject to amendment and additional or reduced feesi-:-------------I(.iJ-'5-jl'--9y..4'H~ 

fJl. Deptfl'llffeltt Or OWIftY' Or ()peNt8,. BID'the Department, or at the request ofthe owner or 

operator, should the Department determine that the emissions and fees do not accurately reflect the operation ofthe 

facility;'-6l', (5 1 9ifJO 

(J1,. B6tHVi OfEllviY6l'llffenlRi Quality. /Jy action ofthe Board ojE1'1'lirol'lmenlei Quality. (5 19if) 

397. CHECKS SHOULD BE ,~{ADE OUT TO "DEPARTMENT OF EI'lVIRaVUENTAL QU,4UTY AQ 


REG1STRATWN FEE". 


All registrelien a~fee materials sheuld be sent Ie: 


Ai1' Quality Regislratien Fees 

!dshe Depf:il;Rment ofE1'Wiranmentai Quality 

! no N. Hillen. Boise, ldahe 83706 ,1255 (5 1 9if) 

3981. EXEMPTIONS. 

01. Registration Fees. The following facilities or sources are exempt from paying registration fees 

under Sections 387 through 399: (7-1-02) 

a. Facilities and sources specified by the Department, after public notice, as exempt from the 

payment ofregistration fees; and (5-1-94) 

b. Country grain elevators. (5-1-94) 

02. Registering And Paying Fees. The following :facilities or sources are exempt from registering 

and paying registration fees under Sections 387 through 399: (7-1-02) 

a. Facilities and sources specified by the Department, after public notice, as exempt from 

registration and the payment ofregistration fees; (3-19-99) 

b. Confined animal feeding operations; and (3-19-99) 

c. Insignificant activities identified in Subsection 317.Q1. (3-19-99) 

03. Paying Fees. The fo]]owing emissions are exempt from registering and paying registration fees 

under Sections 387 through 399: (7-1-02) 

a. Fugitive emissions from wood products. (3-7-95)L 

b. Fugitive dust emissions, except facilities listed in Subsections 008.1 O.c.i. and 008. 1 O.c.ii. 

Facilities listed in that section shall not be required to pay fees for fugitive dust emission in excess of one hundred 

(100) tons. (4-5-00) 

399~. LUMP SUM PAYMENTS OF REGISTRATION FEES. 

01. Agreement. The Department may, in its discretion, enter an agreement with any person for the 
lump sum payment of all, or any P9Rir:m &faddition to, the registration fees required by Section 389Q.~ 

02. Minimum Amount. The minimum amount for any lump sum agreement shall be three hundred 

thousand dollars ($300,000). (5-1-94) 

03. Payment Waiver. Upon the execution and full performance ofthe agreement by the person, the 

Department shall waive the payment requirements ofSection 389Q. All other provisions ofSection 389Q shall 

remain applicable to the person. ~ 

399. (RESERVED). 

THE FOLLOWING IS THE TEXT OF DOCKET NO. 58-0]0]-0203 

387. REGISTRATION AND REGISTRATION FEES. 


The purpose ofSections 387 through 3991 is to establish eriteria set forth the requirements for the annual 


registration of emissions Tier I sources, and the annual assessment and payment offees .feF to support the Tier I 


permit5ting program. The fee strnetHre is to pre>Ade tleJdbilit)' ond HRoneial stability to the Depart:JReat program.(7 I Q2X-..) 


388. APPLICABILITY. 

01. Applicability. In on)' gj>,'efI year, Sections 387 through 3991 shall apply to all major facilities, as 

defined in Section 008, including facilities that obtained air quality pennits that limited potential emissions below 

major facility levels during the previous year. Facilities, sources and emissions exempt under Section 301 are not 

required to register or pay fees. ~ 

02. Deferred Sources. Certain sources may qualifY for and request deferral from the Tier I 

operating pennit program under Subsection 301.02.b.iv. and thereby not pay Tier I fees. On or before such time as 

those deferred sources are required to submit a Tier 1 operating pennit application, the Department shall 

reconsider Sections 387 through 397 to detennine whether an alternative basis upon which those sources shall 

register and be assessed and pay fees should be developed. L-J 

389. REGISTRATION INFORMATION. 

Any person owning or operating a facility or source during the previous calendar year or any portion ofthe 

previous calendar year for which Sections 387 through 3991 appl~ shall, by May Aprill, 2003 or within 

fifteen (15) days following the adjournment ofthe 2003 regular session ofthe legislature, whichever is later, and 

each May April 1 thereafter register with the Department and submit the following infonnation as specified in 

SubsectioIS389.01 through 389.05: ~ 

01. Facility Information. The name, address, telephone number and location ofthe facility; (5-1-94) 

02. Owner/Operator Information. The name, address and telephone numbers ofthe owners and 

operators; (5-1-94) 

03. Facility Emission Units. The number and type of emission units present at the facility or the 

Tier I pennit number for the facility; and ~ 

04. Pollutant Registration. The emissions from the previous calendar year, or other twelve (12) 

month period reql:lested S)' the registrant and appr9¥ed S)' the Departmeflt for oxides ofsulfur (SOX), oxides of 

nitrogen (NOx), particulate matter !.rM1 and volatile organic compounds (VOC) based on one (1) or more ofthe 

following methods chosen by the registrant: ~ 

a. Actual annual emissions; or 

b. An estimate ofthe actual annual emissions calculated using the unit's actual operating hours, 

production rates, in-place control equipment, and types ofmaterials processed, stored, or combusted during the 

preceding calendar year; or ~ 

c. Allowable emissions based on permit limitations. (3-19-99) 

05. Radionuclide Registration. The amount ofradionuclides from facilities regulated under 40 CFR 
.. 
 Part 61, Subpart 11, for which the registrant wishes to be registered to emit from each source in curies per year 

except that no amount in excess ofor less than an existing permit, consent order, or judicial order will be allowed. ­

. (S-1-94) 

06. Regulated Air Pollutant Registration Fee. The registration fee set out in Subsection 389.06 

shaH be reviewed at least every two (2) years to assure the funds meet the presumptive minimum as defined by 

EPA. The annual registration fee set forth in 8u9s§ection 389~ may shall be paid as provided in Section 393-i:BR¥O (2) mstallments as pro"lided is Sueseetios 393.(,)1. Fees fur permit mediBeatiens er PeFaait FeBewals is 

SI:lBseetioo 389.Q6.b. shan Be sl:lemitted '.lAth the applieatien. (7 1 (2) LJ 

a. The Tier I annual fee schedule shall be as follows: 	 , (3-30-01) 

i. A fixed annual fee for Tier I major sources with emitting regulated air pollutants listed in 

Subsection 389.04 emissioos as follows: (7 1 (2) LJ 

(1) 	 Seven thousand (7,000) tons per year and above shal1 pay fifty-five thousand dol1ars (SSQ2,000); 

(3 3Q OI)LJ 

(2) Four thousand five hundred (4,500) tons per year and above shall pay thirty-three thousand 


dollars ($3Q2,,000); (3 30 (1) LJ 


(3) Three thousand (3,000) tons per year and above shall pay twenty-two thousand dollars 

($2Qf,,000); 


(33001)LJ 


(4) One thousand (1,000) tons per year and above shaH pay fHt.eeH. seventeen thousand five hundred 


dollars ($1~I,0200); 

(3 30 (1) (---.l - (S) Five hundred (SOO) tons per year and above shall pay stWel'\ eight thousand five hundred dollars 


(S+.tSOO); (330 Ql)LJ 


(6) Two hundred (200) tons per year and above shall pay five thousand five hundred dollars 

($S,Q,200); and 


(33(HH)LJ 


(7) Less than two hundred (200) tons per year shall pay two thousand fi¥e hundred !illY dollars 


($2,~I()20); plus (3 30 01) LJ 


ii. A per ton annual fee ofthirty-three dollars ($302,) per ton for all regulated air pollutant emissions 


fur Tier 1 major sel:lFce5 listed in Subsection 389.04 as follows: (7 1 02) LJ 


(1) Greater than or equal to four thousand five hundred (4,500) tons per year not to exceed one 


hundred ten thousand dollars ($IQIO,OOO); . (3 3t:) (1) LJ 


(2) Greater than or eq~to three thousand (3,000) but less than four thousand five hundred (4,SOO) 


tons per year not to exceed fifty-five thousand dollars ($5Q,2,000); (3 30 Ql) LJ 


(3) Greater than or equal to one thousand (1,000) but less than three thousand (3,000) tons per year 


not to exceed twenty..fi:ve..seven thousand dollars ($2~I,000); (3 30 01) LJ 


(4) Greater than or equal to five hundred (500) but less than one thousand (1,000) tons per year not 


to exceed seveanineteen thousand fi.ve two hundred.filly dollars ($1 -12,f,SOO); (3 3Q (H) LJ 

(5) Greater than or equal to two hundred (200) but less than five hundred (500) tons per year not to 

exceed se¥efl eight thousand 4i¥e two hundred !illY dollars (~,~50Q); and (3 30 9}) L-l 

(6) Less than two hundred (200) tons per year not to exceed two thousand 4i¥e seven hundred !illY 

dollars ($2,~7500). - t,;..~ L-J 

b. The fee-for-service shall be as foHows: 

contractors. 

1. 	 Permit Fenewal fee, ten thausaHa dollBffi ($10,900); (3 30(1) 

n. Pees for miAOf' permit modifieatioas as provided iA Seetioa 383 shall be oae thoHsaad dollars 

($1,000); SAd (3 ;g 01) 

iii. Pees for sigaifieaat permit modifieatioAs as pre:vided in Seetiea 382 shall he fi'le thooSSAd 

dollars ($5,099). (3 30 (1) 

e. mthe e'.'ent the meaies Elolleeted pW'suaRt to SHbseetioa 389.0(; fail to meet the presumpti'IJe 

miHiml:lHl established b]t 40 CPR Part 70, aAY shOTttall shall be eJi:pended from the ldabe air quality permittiHg 

fi:md as AeGeSsafY in aeeordaaee \lAth Seetiea 39 118D(2), Idaho Code. (J 1 02) 

07. Sbortfall. In the event that, on June 30, 2003 or June 30, 2004 the amount of fees assessed by 

the Department under Subsection 389.06.a is less than one million one hundred thousand dollars ($1.100,000). the 

difference shall be paid by the registrants to which Section 388 applies. L-.J 

a. 	 The shortfal1 willbe calculated as follows: 

1. 	 Dividing the amount of the shortfall by the total tons of pollutants registered for the previous 

calendar year by all registrants; and L-.J 

ii. 	 Calculating a per-ton fee which, when multiplied by the total tons registered generates a number 

in the amount ofthe shortfall. L-.J 

b. 	 Each registrant shall then be assessed by September I of the year and shall pay by October I of 

the year a supplemental fee to make up any shortfall of the one million one hundred thousand 

dollars ($1,100,000) in the amount of the tons of emissions registered for that facility in the 

previous calendar year mUltiplied by the per-ton fee calculated in Subsection 389.07.a. L-.J 

c. 	 Subsection 389.07 ofthis rule shall apply only in state fiscal years 2004 and 2005. 

O+§. 	 Radionudide Registration Fee. 

!: 	 A registration fee offive dollars per curie per year ($5/curielyear) shall be paid by .feJ:..faciJities 

regulated under 40 CFR Part 61, Subpart H. The registration fee ma,' Be paid in n¥e (2) iHstallmEll3:ts as 

provided in SHbseetiea 393.01. 	 (7 1 02) 

b. The registration fee may be paid as provided in Section 397. 

~.-e,.('e"J f!4- 't.J'...l e~f&n".>c" 1'1"'1 ~,..e.1 b +l-- »efa..,-l-ntenT t ,..... -f#l.L ,.,.e u..... "-') tide1\d&V- '1e'a.r- - ­
390. REQUEST FOR INFORMATION. _ 


Any additional information, plans, specifications, evidence or documents that the Department may require to make 


the detenninations required under Sections 387 through 3991 shall be furnished on request. (7 1 ()2) L-J 


391. REGISTRATION FEE. 


All facilities to which this Section§ 391-87 through ::197 appliesy staB pc)' to the Dt:partrnent an annual registration 


fee as required by Su9s~ections 389.Qe aBd 389.(}7. The Department shall determine the fee based on the 


information supplied by the registrant and the Department's analysis of information available. &lui eagifleeriBg and 


teehnieal praetiee. In the event ofa failure of a facility to submit pertinent registration information, the 


Department may calculate the fee and shall assess the facility the fee and the cost of calculating the fee.-+he. 


DepartFHeat may empIe;' pri¥ate eOfltraeters to determiBe the registratiOfl fee. ~ 

392. REGISTRATION BY THE DEPARTMENT FEE ASSESSMENT. 


UpOA reeeh<ing registratiOfl materials fi"om a fiteility, the DepartrAeat shaH: No later than May 25,2003, and each 


May 15 thereafter, the Department shan send to each registrant to which Sections 387 through 397 apply, by 


certified mail, an assessment ofthe annual fee payable by the registrant. ~ 

01. Cemplett¥less Review. Review the material-fer-aeeurac)' a..Tld tho:&Hglmess; (51 91) 

02. Additiooollofel'motioB. Reqaire the facility to submit additiOflal iflfermatiOfl, ifBeedeEl; aBd 

00. Fee Assessment. Sead to the registraBt, B)' eertifiea mail, an assessmeat orthe fee aBe a receipt 

shewmg the amount efpayment reeei'lea s,' the Depa:rtmeat. (5 1 94) 

393. PAYMENT DYE OF TIER I REGISTRATION FEE. 

01. AuuBel RegistFetiou Paymeuts. Paymeat s,' May 1 or each year ofat least fifty pereeat (500~ of 

the aF...a\lai registrati9Fl fee fer the fello'li...ag twel....e (12) mOflilis, the Bahmee ofthe fee te Be pais 9y Al:lgl:Ist 1. 

(5 I 94) 

01. Fee Payment Date. The registration fee shall be paid to and received by the Department~ no later 

than July 1 of each year. Checks shall be made payabJe to "Department ofEnvironmental Quality". 

~ 

02. l\meadmeats m RegistratiOfls Fees. Paymeat w:itAil'l :furty H'/e . (45) Bays ef assessment or 

natifieatiOfl By the DepB:Ftmeat. Fee Materials Mailing Address. All registration and fee materials should be sent 

to: 

Air Quality Tier I Registration Fees 


Idaho Department ofEnvironmental Quality 


1410 N. Hilton, Boise, Idaho 83706-1255 


394. EFFECT OF DELINQUENCY ON APPLICATIONS. 


No permit to construct or operate, other than those issued at the discretion ofthe Director, shall be accepted for 


processing, processed, or issued by the Department for any facility or to any person having Tier I operating permit 


fees delinquent in full or in part. ~ 
395. APPEALS. 


Persons may file an appeal within thirty-five (3g~ days ofthe date the person received f:1:HI an assessment aBEl 


reeeipt issued under Subsections 389.07 or 392.1:'13, eI' within thirty (31:'1) days ofthe date "the ;persOfl reeei>.'ed an 


assessment iss'I:led lolBder Seetioos 391 or 3ge. The appeal shall be filed in accordance with IDAPA 58.01.23, 


"Rules ofAdministrative Procedure Before the Board ofEnvironmental Quality"'. ~ 

~9'. ,~.MENDJNG REGISTRATION. 


RegistratiOfls maj' ge S'l:l~eet to amendmeBt and additiOflal or redHeed fees: (5 1 94) 


cn. DepaFtmeB1 OF OwaeF 01' OperatoF. Bh;' the Department, eI' at "the reqHest ef"the 6"lffleF or 

operateI', shOl:lld "the Departmeat determine "that "the emissioos and fees do Bot aeEll:lFately retleet tae operatiOfl of"the 

faeilit)'; eI'~ (5 1 94)0 

93. Board Of Eavinmmeatal Quality. By aetiOfl ef"the Board ofEfPliroolBOfItal Ql:Iality. (5 1 94) 

397. CHECKS SHOULD BE .MADE OUT TO "DEp:'r\.RTMm>lT Of ENVIRDNMBNTAL QUALITY AQ 


REGISTRATION FER". 


All registration and fee materials sheald he SElBt to: 


Air QHalit)' Registratioo Pees 


IdMa DepartmElBt afEfl'/ir9FllBElBtal Qwilit)' 


1410 N. Hi1ioo, Boise, Idaho 837(:)6 ]255 (5 I 94) 


398§. EXEMPTIONS. 

- 01. Registration Fees. The following facilities or sources are exempt from paying registration fees 

under Sections 387 through 3991: . (7 1 02) L-J 

a. Facilities and sources specified by the Department, after public notice, as exempt from the 

payment ofregistration fees; and (5-1-94) 

b. Country grain elevators. (5-1-94) 

02. Registering And Paying Fees. The following facilities or sources are exempt from registering 

and paying registration fees under Sections 387 through 3991: (7 1 (:)2) L-J 

a. Facilities and sources specified by the Department, after public notice, as exempt from 

registration and the payment ofregistration fees; (3-19-99) 

b. Confined animal p feeding operations; and (3 19-99) 

Co Insignificant activities identified in Subsection 317.01. (3-19-99) 

03. Paying Fees. The following emissions are exempt from registering and paying registration fees 

under Sections 387 through 3991: (7 1 (2) L-J 

a. Fugitive emissions from wood products. (3-7-95)1 

b. Fugitive dust emissions, except facilities listed in Subsections 008.l0.c.L and 008.IO.c.ii. 

- Facilities listed in that section shall not be required to pay fees for fugitive dust emission in excess of one hundred 

(100) tons. (4-5-00) 
3991. LUMP SUM PAYMENTS OF REGISTRATION FEES. - 01. Agreement. The Department may, in its discretion, enter an agreement with any person for the 

lump sum payment ofall, or any porties efaddition to, the registration fees required by Section 389(7 1 (2).L-J 

02. Minimum Amount. The minimum amount for any lump sum agreement shail be. three hundred 

thousand dollars ($300,000). (5-1-94) 

03. Payment Waiver. Upon the execution and full performance ofthe agreement by the person, the 

Department shall waive the payment requirements of Section 389. All other provisions ofSection.§ 3891 through 

397 shall remain applicable to the person. ~ 

398-399. (RESERVED). 
-:-----­

UNOFFICIAL COPY 

TITLE V FEE RULE 

APPROVED BY DEQ BOARD - 11/13/02 

THE FOLWWING IS THE TEXT OF DOCKET NO. 58-0101-0203 

387. REGISTRATION AND REGISTRATION FEES. 


The purpose of Sections 387 through 399Z is to establish eriteria set forth the requirements for the annual 


registration of emissiolls Tier I sources, and the annual assessment and payment of fees fuF to supPOrt the Tier I 


permitsting program. The fee strueh:Ire is to provide tleKibility aBd finaBeial stability to the DepartmeRt 

~ 

pregmm. 


388. APPLICABILITY. 

01. Applicability. In aBy giVeR year, Sections 387 through 399Z shall apply to all major fucilities, as 

defined in Section 008, including fucilities that obtained air quality permits that limited potential emissions below 

major facility levels during the previous year. Facilities, sources and emissions exempt under Section 301 are not 

required to register or pay fees. ~ 

02. Deferred Sources. Certain sources may qualifY for and request deferral from the Tier I 

operating permit program under Subsection 301.02.b.iv. and thereby not pay Tier I fees. On or before such time as 

those deferred sources are required to submit a Tier 1 operating permit application, the Department shall 

reconsider Sections 387 through 397 to determine whether an alternative basis upon which those sources shall 

register and be assessed and pay fees should be developed.

,­

389. REGISTRATION INFORMATION. 

Any person owning or operating a fucility or source during the previous calendar year or any portion ofthe 

previous calendar year for which Sections 387 through 399Z appliesy shall, by May April 1,.J:..99:3. 2003 or within 

fifteen (15) days following the adjournment ofthe 2003 regular session ofthe legislature, whichever is later, and 

each May April I thereafter register with the Department and submit the following information as specified in 

Subsections 389.01 through 389.05: ~ 

01. Facility Information. The name, address, telephone number and location ofthe facility; (5-1-94) 

02. Owner/Operator Information. The name, address and telephone numbers ofthe owners and 

operators; (5-1-94) 

03. Facility Emission Units. The number and type of emission units present at the fucility or the 

Tier I permit number for the fucility; and ~ 

04. Pollutant Registration. The emissions from the previous calendar year, er ather twelve (12) 

HlOOth period reEjl:lestea by the registraBt aBd approved by the DepartHleRt for oxides of sulfur (SOx), oxides of 

nitrogen (NOx), particulate matter (PM), and volatile organic compounds (VOC) based on one (1) or more of the 

following methods chosen by the registrant: (3 19 99)'---1 

a. Actual annual emissions; or 

b. An estimate ofthe actual annual emissions calculated using the unit's actual operating hours, 

production rates, in-place control equipment, and types ofmaterials processed, stored, or combusted during the 

preceding calendar year; or ~ 

c. Allowable emissions based on permit limitations. (3-19-99) 

1 
UNOFFICIAL COpy 

-


05. Radionuclide Registration. The amount ofradionuclides from facilities regulated under 40 CFR 

Part 61, Subpart H, for which the registrant wishes to be registered to emit from each source in curies per year 

except that no amount in excess ofor less than an existing permit, consent order, or judicial order will be allowed. 

(5-1-94) 

06. Regulated Air Pollutant Registration Fee. The registration fee set out in Subsection 389.06 

shall be reviewed at least every two (2) years to assure the funds meet the presumptive minimum as defined by 

EPA. The annual registration fee set forth in ~ection 389~ ma:y shall be paid as provided in Section 393-in 

Iwe (2) il'lStel:lments 6lS p.ve-vided in Suhsectien 393.01. Fees.fe)' PerFII;t medijieetieftS erpermit ,"-enewel:s in 

Suhseefien 389.06.6. shan he suhmiued wilh the 6IppliefJIieH. (7, ,1 (2) L-1 

a. The Tier I annual fee schedule shall be as follows: 	 (3-30-0 I) 

i. A fixed annual fee for Tier I major sources :with emitting regulated air pollutants listed in 

Subsection 389.04 emissieM6 as follows: (7 I f:J2) 

(I) 	 Seven thousand (7,000) tons per year and above shall pay fifty-five thousand dollars ($502:,000); 

(33001) 

(2) Four thousand five hundred (4,500) tons per year and above shall pay thirty-three thousand 

dollars (S30J,000); (3 ao OJ) 

(3) Three thousand (3,000) tons per year and above shall pay twenty-two thousand dollars 

($202.000): 	 (33001) 

-. 

(4) One thousand (1,000) tons per year and above shall pay fWeventeen thousand five hundred 

dollars ($ I J:z,02:00); (3 30 OJ) 

(5) Five hundred (500) tons per year and above shall pay sew:m eight thousand five hundred dollars 

(m,500); (330 OJ) L-1 

(6) Two hundred (200) tons per year and above shall pay five thousand five hundred dollars 

($5,02:00); and (3 30 OJ) L-1 

(7) Less than two hundred (200) tons per year shall pay two thousandjWe hundred~ dollars 

($2,Z500); plus (3 30 OJ) L-1 

ii. A per ton annual fee ofthirty-three dollars ($30J) per ton for all regulated air pollutant emissions 

for Tier.T mtije," seW'e6S listed in Subsection 389.04 as follows: (7 1 f:J2) L-1 

(I) Greater than or equal to four thousand five hundred (4,500) tons per year not to exceed one 

hundred ten thousand dollars ($ 1010,000); (3 30 On L-1 

(2) Greater than or equal to three thousand (3,000) but less than four thousand five hundred (4,500) 

tons per year not to exceed fifty-five thousand dollars ($502:,000); (3 30 (1) L-1 

(3) Greater than or equal to one thousand (1,000) but less than three thousand (3,000) tons per year 

not to exceed twentY1We:seven thousand dollars ($2JZ,000); (3 30 ()1) L-1 

(4) Greater than or equal to five hundred (500) but less than one thousand (I,OOO) tons per year not 

to exceed sewmnineteen thousandjWe two hundred~ dollars ($1+2,l50Q); (330 On L-1 

2 

UNOFFICIAL COpy 


.- (5) Greater than or equal to two hundred (200) but less than five hundred (500) tons per year not to 

exceed sew:n eight thousandfive two hundred~ dollars ($+~,£500); and (3 J() ()l) L..J. 

(6) Less than two hundred (200) tons per year not to exceed two thousand five seven hundred~ 

dollars ($2,Z500). (3 30 0,1) 

b. The tee-tor-service shall be as tollows: Sources requesting Section 300 permit modifications or 

renewalsL or receiving program maintenance services, including but not limited to site visits, response to public 

inquiries, modeling. responses to site questions and opacity readings by the Department shall f*l'Y 6/I'l edditifHWi 

fee-be assessed a tee tor actual time expended and expenses incurred by the Department in the previous calendar 

service. 

year in an 

Fees 

amount 

shallho: 

not to 

Service 

exceed 

shall 

seven 

be 

thousand 

conducted 

five 

by 

hundred 

qualified 

dollars 

Department 

($7,500) 

staffor 

per facility 

contractors. 

per year 

(3 

as 

30 

fa tee-torOl) L..J. 

i. 	 Permit renewal fee, ten th9l:ls9:fld dollars ($10,000); (33001) 

ii. Fees fur miner permit modifieatians as pro'lided in Seetian 383 shall be ane th9l:lSaod dollars 

($1,000); afld (3 3(01) 

m. Fees fer signifieant permit medifieatians as pro'Aded ifl Seetian 382 shall be five tH9l:lsaRd 

dollars ($5,009). (3 30 01) 

e. Ie the e>.'ent the manias eolleeted pursuaRt to Subseetiol'l 389.06 fail to meet the presumpti'ie 

miBiIlium established by 40 CFR Part 70, 9:fly shortfall shall be expended fi-eFR the Idaho air Eluality f)ermittieg 

timd as Reee5Sary il'l aeeord9:flGe '>'lith Seetian 39 I 18D(2), Idaho Code. (7 I 02) 

07. 	 Shortfall. In the event that, on June 30, 2003 or June 30, 2004 the amount oftees assessed by

- the Department under Subsection 389. 06.a is less than one million one hundred thousand dollars ($1,100,000). the 

ditkrence shall be paid by the registrants to which Section 388 applies. 

The shortfall will be calculated as follows: 

i. 	 Dividing the amount oOhe shortfall by the total tons of pollutants registered for the previous 

calendar year by all registrants,' and L--.l 

ii. 	 Calculating a per-ton tee which. when multiplied by the total tons registered generates a number 

in the amount ofthe shortfall. 

b. 	 Each registrant shall then be assessed by September 1 ofthe year and shall pay by October J of 

the year a supplemental tee to make up any shortfall oOhe one million one hundred thousand 

dollars ($1,100.000) in the amount ofthe tons of emissions registered tor that facility in the 

previous calendar year multiplied by the per-ton tee calculated in Subsection 389.07.a. 

Subsection 389.07 of/his rule shall apply only in state fiscal years 2004 and 2005. 

o+~. Radionuclide Registration Fee. 

a. A registration fee offive dollars per curie per year ($5/curie/year) shall be paid by fo1< facilities 

regulated under 40 CFR Part 61, Subpart H The regisH'eltien fee 1HtifjI be petti in Ave (2) inslellments as 

fN'fnidedin Subseetien 393.0!. (7 l (ll) L..J. 

The registration tee may be paid as provided in Section 397. 

3 
UNOFFICIAL COpy 

390. REQUEST FOR INFORMATION. 


Any additional information, plans, specifications, evidence or documents that the Department may require to make 


the determinations required under Sections 387 through 399Z shall be furnished on request. (7 I (2) L-.l 


391. REGISTRATION FEE. 


All facilities to which Ehi6 Section~ 39+87 through 397 appliesy shall pay to the Department an annual registration 


fee as required by ~~ections 389.06 GIRd 389. 07. The Department shall determine the fee based on the 


information supplied by the registrant and the Department's analysis o[iniOrmation available and cmgi1'J(1wiRg 


G11'Jd IeehRiempraetiee. In the event of a failure of a facility to submit pertinent registration information, the 


Department may calculate the fee and shall assess the facility the fee and the cost of calculating the fee.-+he 


Deparlment may empleyp"iWlte eOR/MOwrs te tietef'mi1'J(1 the registl"GltioRfoe. (7 I (2)L-1 


392. REGISTRATION BY THE DEPARTMENT FEE ASSESSMENT. 


Upon reeei'l'ing registration materials Hom a reailit)', the Departm8At shall: No later than May 25,2003, and each 


May 15 thereafter, the Department shall send to each registrant to which Sections 387 through 397 apply, by 


certified mail, an assessment ofthe annual fee payable by the registrant. ~ 

Cempleteoess Review. Review the material fer aeooraey and tborougRHess; (5 1 94) 

~ AdditiooallofaFmatieo. Reql:lire the reeility to Sl:lbmit additional infermatian, ifneeElee; and 

(5 1 94) 

OJ... Fee Assessment. S8Ad to the registrant, by aertified mail, aA assessment ofthe fee and a reeeiflt 

showiflg the ammmt ofpa)'ment reeeived by the Departmeflt. (5 1 94) 

393. PAYMENT DYE OF TIER I REGISTRATION FEE. - 01. Annual Registmtien Payments. Payment by May 1 afeaeh year of at least fifty flera8At (5Q%) of 

the annl:lal registratien fee fer the fellav>,iHg twelve (12) mesths, the balanee ofilie fee to be flaid by Al:lgl:lSt 1. Fee 

Payment Date. The registration fee shall be paid to and received by the Department. no later than July 1 of each 

year. Checks shall be made payable to "Department ofEnvironmental Quality". 

02. Amentimeats In RegistFatioos Fees. Payment within ferty five (45) days of assessm8At or 

natifieatiofl by tRe Department. Fee Materials Mailing Address. All registration and fee materials should be sent 

to: 

Air Quality Tier I Registration Fees 


Idaho Department ofEnvironmental Qmility 


1410 N. Hilton, Boise, Idaho 83706-1255 

394. EFFECT OF DELINQUENCY ON APPLICATIONS. 


No permit to construct or operate, other than those issued at the discretion ofthe Director, shall be accepted for 


processing, processed, or issued by the Department for any facility or to any person having Tier I operating permit 


fees delinquent in full or in part. (5 1 94)~ 

395. APPEALS. 


Persons may file an appeal within thirty-five (3Q~) days ofthe date the person received Ihe an assessment and 


issued under Subsections 389.07 or 392.03, or within thirty (3Q) days ofthe date the flarsen reaei'led an 


assessmont issueEll:l:flder Seetions 391 or 396. The appeal shall be filed in accordance with IDAPA 58.01.23, 


"Rules ofAdministrative Procedure Before the Board of Environmental Quality". f7-I-02){.---1 


4 
UNOFFICIAL COpy 


196. AMENDING REGISTRATJON. 


Regi5l1'6tiel'lS tHey he subject t6 emel'lriment 9I'IJ 8fi:tlitienai er l"edueeJjees: (5 1 94) 

().h DepaFtment OF OwneF OF OperatoF. By the Departmeat, eF at the Feql:lest ofthe ovmer eF 

operator, shoold the Departmest determise that the emissioos afld fees do flot aeew=ately reHeat the operatioo ofthe 

(aeility; eF! (5 1 9'1)0 

()*.. Beard Of En'liFenmental Quality. Byaetion ofthe Board ofEs'liroomeatal Quality. (5 I 94) 

~ CHECKS SHOULD BE MADE OUT TO "DEPARTMENT OF ENVIRONMENT,·"L QUALITY 


lA"Q RECISTRATION FEE", 


All registration and fee materials shoold be seat to: 


Ai-r Quality Registratios Fees 

Idaho Departmeat ofEs'Rroomeatal Ql:iality 

1410 N. HiItos, Boise, Idaho 83709 1255 (5 I 94) 

398~. EXEMPTIONS. 

01. Registration Fees. The following facilities or sources are exempt from paying registration fees 

under Sections 387 through 3992: (7 1 lJJ) Ll 

a. Facilities and sources specified by the Department, after public notice, as exempt from the 

payment of registration fees; and (5-1-94) 

b. Country grain eJevators. (5-1-94) 

02. Registering And Paying Fees. The following facilities or sources are exempt from registering 

and paying registration fees under Sections 387 through 3992: (7 ! lJJ) 

a. Facilities and sources specified by the Department, after public notice, as exempt from 

registration and the payment ofregistration fees; (3-19-99) 

b. Confined animal feeding operations; and (3-19-99) 

c. Insignificant activities identified in Subsection 317.01. (3-19-99) 

03. Paying Fees. The following emissions are exempt from registering and paying registration fees 

under Sections 387 through 3992: (7 ,1 lJJ) Ll 

a. Fugitive emissions from wood products. (3-7-95)L 

b. Fugitive dust emissions, except facilities listed in Subsections 008.10.c.i. and 008.10.c.ii. 

Facilities listed in that section shall not be required to pay fees for fugitive dust emission in excess of one hundred 

(100) tons. (4-5-00) 

3991. LUMP SUM PAYMENTS OF REGISTRATION FEES. 

01. Agreement. The Department may, in its discretion, enter an agreement with any person for the 

lump sum payment of all, or any portioo of addition to, the registration fees required by Section 389. (7 1 02).~ 

02. Minimum Amount. The minimum amount for any lump sum agreement shall be three hundred 

thousand dollars ($300,000). (5-1-94) 

5 
UNOFFICIAL COPY 


-, 


03. Payment Waiver. Upon the execution and full performance ofthe agreement by the person, the 

Department shall waive the payment requirements ofSection 389. All other provisions ofSection~ 389Z through 

397 shall remain applicable to the person. ~ 

398-399. (RESERVED). 

6