# ,

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 forthe Control ofAir Pollution in Idaho, IDAPA 58.01.01. DEQ is seeking Environmental Protection Agency (EPA) approval ofthese revisions as an update tothe contents ofthe 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 39 M 

### 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 ofthe federal Clean AirAct and applicable federal regulations. None ofthe revisions included in this submittal reflect a reduction in emission limits. 

### A. Rule Revisions Adopted by the Board ofEnvironmental Quality and Approved by the 2002 Idaho Legislature. 1. IDAPA 58.01.01.210.16.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 15,2002with 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 oroperators ofthe 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 operatorto 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 ofJuly 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 ofTier I sources and the annual assessment and payment ofTier' 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. Ifyou oryour staff have questions conceming any ofthese rules, please contact me 

## at 208-373-0240. My staffare 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 FileSTATE 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 ofAir 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 forthe 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 ofEnvironmental Quality Conference Center 1410N. 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 ofthe State ofIdaho for the state environmental agency, rather than the federal government, to implement air quality permitting programs in Idaho. The Idaho Department ofEnvironmental Quality has obtained authorization from the U.S. Environmental Protection Agency to implement a Tier I air quality operating permit program under Title V ofthe 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 ofEnvironmental 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 ofthe proposed ru]emaking is to revise the existing structure for annual registration ofTier I sources, and the annual assessment and payment ofTier I fees. The current structure is not self-supporting and adoption ofa rule increasing the amount offees paid by the regulated sources will ensure sufficient funding and continued compliance with federal requirements.

. The proposed fee structure continues to use a combination ofservice- and emissions-based calculations to allow for an equitable allocation offee payments among the facilities and to comply with a requirement ofstate 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 ofregistration information and fee payments be changed. Removal ofprovisions imposing radionuclide emissions registration and fee requirements on the U.S. Department ofEnergy facilities is also proposed. The proposed rule contains language stating when and ifdeferred 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 ofTier I fees. Collection ofthe fees is authorized by Sections 39-115(3), 39-1180 and 39-119, Idaho Code. NEGOTIATED RULEMAKING: The text ofthe 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 ofNegotiated 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 Page306 September4, 2002

- Vol. 02-9DEPARTMENT OFENVIRONMENTAL QUALITY DocketNo. 58-0101-0203 Rules for the ControlofAirPollution 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 orbefore October 9, 2002.
Dated this 8th day ofAugust, 2002.

Paula J. Gradwohl Environmental Quality Section Attorney General's Office 1410 N. Hilton Boise, Idaho 83706-1255 (208)373-0418/Fax No. (208)373-0481 pgradwoh@deq.state.id.us

THE FOLLOWING IS THETEXT OFDOCKET NO. 58-0101-0203

387. REGISTRATION AND REGISTRATION FEES. The purpose ofSections 387 through 399 is to e81ahli8h erilerie. set forth the requirements for the annual registration ofemi88itJ/t8 Tier I sources, and the annual assessment and payment offees

### foFto support the Tier I permit8 program. Thefee 8lfflel/;we ;8 ttJp/'fwitlefle:xihility{mdjitumeitli81ahility ttJ the DcptIrffllCl'ltp?'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 orpay 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 ofthe previous calendaryear for which Sections 387 through 399**appl~** shall, by.Q[! MttyApril1, 2003 orwithin fifteen (15) days following the adjournment ofthe 2003 regular session ofthe 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 ofthe 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 September4, 2002

- Vol. 02-9

# .- DEPARTMENTOFENVIRONMENTAL QUALITY DocketNo. 58-0101-0203 Rules for the Control of AirPollution In Idaho Proposed Rulemaking 03. FacilityEmission Units. Thenumber and type ofemission units present at the facility orthe Tier I permit number for the facility; 

### md**~** 04. PollutantRegistration. 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 ofsulfur (SOx), oxides ofnitrogen (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; .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 calendaryear;.QI**~** c. Allowable emissions based onpermit 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'tH,fer whieh Ihe l'Cgifitl'fJ:rtt ',.,.ishefi te he l'Cgistel'Cd te entitfl'em eech fif:lf:t1'Ce ilf ettl'iespel'ytHiU' eeeept that ne al'ltetmtin exeCfJS 6ftII' lefifJ h'1e.n ell eeistil2gpet'l'Ilit, ee12sent ef'tiet'; erj'ttdicitli t.nv1erwill he altem'ed. (5 1 94) fJ&:. RegltktletlAi;-

.. fltJlIlttatft RegistNH6tf

.. I£.e.6. The l'Cgifitl'fJ:ti6nfee set**6f~t** in Sttbaeetiell 389.06 shtlll be ?'ClIiewed tlt ietlst e""'ery twe (2) yetll'S t& tlfJfJ'ttl'C h1eJimtis meet the pI'CS'ttmptiile minimUlff (;lfJ definedby ER1:. Tife tlIUl'tttl/''Cgifitratif:ll!fee fietforth ;', Sttbaeetion 389.lJ6. tI. nUl)' heptlidiii**1l~'6** (2) ilifittlllments tlfipr8videdin Stthsectien 393.0}. Feesfar 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-: Ajixedtlnnttaifeefor Tier ll'llttjersources with l'Cgukztee tlirpflJl'ttttll'tts listet/. in &I:tbseelien 389.04 elffissielfS (;lfJf-alffiws: (7 " lJ2) &e,'en th6'ttSalte (7, lJlJ(}) telfSperyear tlftdttbfl'lC shtlflpe.}'jifty thflttsfflndtif: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'ttSttftddf:i11t11'8 ($2lJ,09(}); (3 39 OJ) O,W thmistllfe (1, lJOO) UmspC! 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/'yetlrand tlheve sntlllpe.yji'le IhettSanddf:ilkzrs ($5,lJ()(}); tlnti (3 3(91) Less thffllt 1l\>'6 hl:mffl'Cd (2lJ(}) tellS pel'yetlr shallptly Il.,.e thottStlndjiw: lumffl'Cti df:illtl1's (V,50(}),' (3 30 ()J) it:- A pel' ten annualfcc &jtlli1'ty df:ilkzrs ($3(J) pertellfor tilll'Cg'ttkzted tlirpfllhttant emissiens./<;,,. Tiel' 11'lf8jerSflttl'ees listedin Sttbfieetien 389.lJI tiSfe118wfi: (7 >' lJ2) 

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


# - httntil'Cd the/XStlndd8lkzl'8 ($}lJlJ,lJOO); (3 30 lJ1)

IDAHO ADMINISTRATIVE BULLETIN Page 308 September4, 2002

- Vol. 02-9DEPARTMENT OFENVIRONMENTAL QUALITY Docket No, 58-0101-0203 Rules for the ControlofAirPollution 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 BccedAIIC/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' nette c:ucctisc'

..ellteell f:h(1I1Salitiji'l'e hl:tntireti tieliars ($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 thett9tmtiji-..e h'ttntil'Cti tklla"s (3300,r) br shall be: MureCfi reql!lCfiting Scotien 3()Bpelmil Hl8tiijicfltie/ifi (1/' l'Clle)\l6ls 8hallptly 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). Fee8JY:lr 8tgllijtCflntpel'l'IIit l1Ietiijtcetien8 88pY8'1;'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 Cfifflblishetiby 4() CPR Pal''/ 79, aft)' sh(1l'tfollsh611 be expentictijre111 the ldah(1 ail" ql;talitypelnlilting/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 registffltieJfffee 

### fTJ ji'l"C tlf1l-l-a1'Spe" ctl"iepel'yeaI' ($5/cl;tl'ie/yCflr) 

### fo"facilili08I"Cg!;tltltcti !;tlltic/'40 CPR ,%1'1 M, St;thparlH. The registl't1:lirmfoe may bepaitl in AII6 (2) installments 88 pY8'"itieti ill St;tbsecti(111 393.()J. (7 1 ()2)**~** REflr,I-EGTFOR 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 payto the Department an annual registration fee as l'Cqt:til'Ctib)' Sl:ibsccliefls 389.()6 811ti389.97. 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 technicalp}'t1:ctice. 

### In the e)'ellt efa failul'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 ofcale!;tlatil'lg the fec. The DCptl1'ffllellt nl8.)l empleypl'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 ofall facilities Tier 1costs under Subsection 390,Q1.c

.. divided by the total tons ofpollutants registered for the previous calendar year by all registrants under Subsection 389.04 and confirmedbythe Department. 

## L-J

IDAHO ADMINISTRATIVE BULLETIN Page309 September4, 2002

- Vol. 02-9DEPARTMENTOFENVIRONMENTAL QUALITY DocketNo. 58-0101-0203 Rules for the Control ofAirPollution in Idaho Proposed Rulemaking 

### .b.. Emissions, The total tons ofpollutants registered for the previous calendar year by that registrant under Subsection 389,04 and confirmedbythe Department. 

### L-l £. Facility Costs. The previous two (2) state fiscal years' annual average direct and indirect costs attributable to that registrant underthe Tier I program as determined by the Department. 

### L-l !ll. Excess Fund Balance, In the eventthat on June 30 ofany givenyear. the balance inthe air quality permitting fund establishedby Section 39-118D. Idaho Code. exceeds two hundredfifty 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 BYTIlE »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 fhcfacility 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 efthe

### fee anti tI I'Cecipt s,1uJWing the ameN"t ojpaYlffClit l'Ceei';etiby the DepaFlmC1ft. (5 1 94) 

### l2l. FAILURE TO SUBMITREGISTRATION INFORMATION

.
._ Any additional information. plans. specifications. evidence ordocuments that the Departmentmay reQuire in orderto implement Sections 387 through 399 shall be furnished by theregistrantto the Departmentonrequest. In the eventof a failure ofa 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#::IEOFTIER I REGISTRATION FEE. 

### !ll. Fee Payment Date. The registration fee shall be paid to and received by the Department":' no later than July 1 ofeach year. Checks should be made payable to "Department ofEnvironmental 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!gistretie1tfeefor thefelkJwlng twelve (12) lfiBnllt9. the balanee OjCthefce tt1 bepflitibyANg1: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 QualityTier 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 orin part.**~** 395. APPEALS. Persons may file an appeal within thirty-five (305.) days ofthe date the person received the assessment tIfui receipt iS91:icd I:.tltt1erS1:ibseetielt 392.03, er within thoiFly (3(}j titlys effhe d-ate thepe1'Sell l'Ceei'.'etifln assessmentissued 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. 02-9DEPARTMENT OFENVIRONMENTAL QUALITY Docket No. 58·0101·0203 Rules for the ControlofAirPollution in Idaho Proposed Rulemaking Procedure Before the Board ofEnvironmental Quality". 396. AMENDING REGISTRATION. Registrations maybe subject to amendment and additional orreduced 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 ofthe**facility~~** (5 ,1 94)0 :B8tt1W OjElfw/'8lfHftyltttl ftNfllity. By ectien of the 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 shfJftidhe sent t6,' Air QftdlityRegistYtltien .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 specifiedby the Department, afterpublic 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 exemptfrom registering and paying registration fees under Sections 387 through 399: (7-1-02)
a. Facilities and sources specified by the Department, afterpublic 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 woodproducts. (3-7-95)L b. Fugitive dust emissions, except facilities listed in Subsections 008.1O.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 ofonehundred (100) tons. (4-5-00) 39:9,R. LUMP SUM PAYMENTS OFREGISTRATION FEES. 01. Agreement. The Department may, in its discretion, enter an agreement with any person for the lump sum payment ofall, or anyportioR of addition 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 ofthe agreement by the person, the



# - IDAHO ADMINISTRATIVE BULLETIN Page 311 September4,2002

- Vol. 02-9

# -­ DEPARTMENTOFENVIRONMENTAL QUALITY DocketNo. 58-0101-0203 Rules for the Control ofAirPollution in Idaho Proposed Rulemaking Department shall waive the payment requirements ofSection 389Q. 

## An otherprovisions ofSection 389Q shall remain applicable to the person.**~** 

# m (RESERVED).



# -
IDAHO ADMINISTRATIVE BULLETIN Page 312 September4, 2002

- Vol. 02-9

# -

# Bulletin Summary of Proposed Rulemakings

PUBLIC NOTICE OF INTENT TO PROPOSE ORPROMULGATE NEW ORCHANGED AGENCY RULES The following agencies ofthe state ofIdaho have published the complete text and all related. pertinent information concerning their intent to change ormake the following rules in the new issue ofthe state Administrative Bulletin.
IDAPA 02

- DEPARTMENT OFAGRICULTURE 2270 Old PenitentiaryRd, Boise, ID 83712

. 02-0214-0201, Rules for Weights and Measures. Adopts by reference the 2003 edition ofthe National Institute of Standards and Technology Handbook 44. Commentby: 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 ofcommercial 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 ofthis rule and the following repealed rules into one compre.hensive rule to eliminate duplications and update pesticide recommendations. Comment by: 9/25/02. TheFollowing Chapters Are BeingRepealed In Their Entirety

- Commentby: 9/25/02. 02-0608-0201, Order in the Matter ofthe Control of Cherry Fruit Fly in Certain Prescribed Portions of Canyon County; 02-0610-0201, Order in the Matter ofthe 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 OFBUILDING SAFETY 1090 E. Watertower St., Meridian, ID 83642 07-0103-0201, Rules ofElectrical 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; establishesjourneymanrequirements for out-of-state applicants. Commentby: 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. Commentby: 9/25/02.
IDAPA 09

- DEPARTMENTOFLABOR 317 W. Main 

### St., Boise, ID 83735 09-0130-0201, Rules ofthe Benefits Bureau. Ifa 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 ofwork refusal. Comment by: 9/25/02.

IDAHOADMINISTRATIVE BULLETIN· Page 331 September4, 2002

- Vol. 02-9

# - IDAHO ADMINISTRATIVEBULLETIN Summaryof 

### Proposed Rulemakings

10APA 10

- BOARD OF REGISTRATION OFPROFESSIONALENGINEERS AND PROFESSIONALLAND SURVEYORS 600 S. Orchard, SuiteA,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 proofofequivalent 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 ofProfessional Responsibility. Changes "infraction" to "violation" to addressviolations ofboth rules and statutes. Commentby: 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. Commentby: 9/25102.
10APA 15

- OFFICE OFTHEGOVERNOR 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 ofthe Commission. Comment by: 9/25/ 02. 

# - IDAPA 18

- DEPARTMENT OFINSURANCE 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 ifchanges submitted for approval are not acted upon within 60 days ofreceipt by the department. Commentby: 9/25/02. 18-0118-0201, Open Lines for Export Surplus Lines. Allows the director to approve a class or classes ofbusiness for export through the surplus lines market by issuing an order or rule, without conducting a fonnal hearing. Commentby: 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 ofpersonal financial information. Commentby: 9/25/02. 18-0150-0201, Adoption ofthe ]997 Uniform Fire Code. Adopts by reference the 2000 International Fire Code and makes minor modifications to adapt it for use by state and localjurisdictions. 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. Commentby: 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 sellingthrough a purchasing group must be licensed in Idaho and are responsible for submission oftaxes and fees to the Surplus Lines Association. Comment by: 9/25/02.

IDAHO ADMINISTRATIVE BULLETIN Page332 September4.2002

- Vol. 02-9

# ,

IDAHO ADMINISTRATIVEBULLETIN Summary ofProposed Rulemakings

IDAPA 20

- IDAHO DEPARTMENTOF 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 toprovide for streamside shade; provides standards for retention orremoval ofdown woodin streamprotection 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 ofolder existing culverts that do not provide for fish passage or meet the 50­ year design requirement; specifies best managementpractices for the use offords; clarifies whenroads canbereused 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 ofthe Idaho Board ofPharmacy. 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]

- PUBLICUTILITIESCOMMISSION 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 byreference. 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. Commentby: 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 inpopulation for ease ofidentification for granting a partial exemption and provides guidance to counties when deciding which properties are eligible for exemption. Commentby: 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 ofvalues ofmanufactured 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 ofpersonal 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 mapsto 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. Commentby: 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 September4, 2002 • Vol. 02-9\

# .

- IDAHO ADMINISTRATIVE BULLETIN Summary

### ofProposed Rulemakings

IDAPA 58

- DEPARTMENT OF ENVIRONMENTAL QUALITY 1410 N. Hilton, Boise, ID 83706-1255 58.01.01, Rules for the Control ofAir 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 ofTier I sources and the annual assessment and payment ofTier 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 ofAdministration, 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 ofAir 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 ofthe 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



# - MikeNugent, Supervisor JeffYoutz, 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 ofthe Senate Health and Welfare Committee and the House Environmental Affairs Committee FROM: Research & 

### Legislation Staff

- Katharine Gerrity DATE: August 15,2002 SUBJECT: Department ofEnvironmental Quality IDAPA 58.01.01

- Rules for the Control ofAir Pollution in Idaho The Department ofEnvironmental Quality submits notice ofa proposed fee rule at

- IDAPA 58.01.01

- Rules for the Control ofAir Pollution in Idaho. Theproposed 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 permittingprograms in Idaho through The Department ofEnvironmental Quality. 2. Idaho has obtained authorization from the EPA to implement a Tier I air quality operatingpermit program under Title V ofthe Clean Air Act. 3. The Clean Air Act mandates that the full cost ofadministration and implementation of the TierI permitprogrambe funded by a fee imposed on the facilities regulated under the program. 4. Pursuantto 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 oftheproposed rulemaking is to revise the existing structure for annual registration ofTier I sources, and the annual assessment and payment ofTier I fees. 6. The current structure is not self-supporting and adoption ofa rule increasingthe amount offees paid by the regulated sources will ensure sufficient funding and continued compliance with federal requirements.

•.**~d,e** Nugent, Supervisor JeffYoutz, 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 ofservice-based and

­ emissions-based calculations to allow for an equitable allocation offee payments among the facilities and to comply with a requirement ofstate statute that the fee has an incentive for emissions reductions (see Idaho Code Section 39-115(3)). 8. To better interface with the availability ofinformation and state fiscal year cycles, itis proposed that the dates for submission ofregistration information and fee paymentbe changed. 9. Removal ofprovisions imposingradionuclide emissions registration and fee requirements onthe U.S. Department ofEnergy facilities is also proposed. 10. The proposed rule contains language providing that certain sources mayqualify 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 ofsources 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 ofEnvironmental Quality



# -

Page 2 of 2

### DEPARTMENT OF THE AIR FORCE 366TH CIVIL ENGINEER SQUADRON (ACC) MOUNTAIN HOME AIRFORCE BASE, IDAHO



### 16 August 2002
MEMORANDUM FORIDAHO 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 DocketNo. 58-0101-0203 1. Mountain Home AirForce Base (MHAFB) would like to take the opportunity to comment on the proposed amendmentto the Tier I fee rules. MHAFB feels the fee calculation is acceptable but we are concerned withthe deadline for registered information. 2. MHAFB will have an operating permit that encompasses the entire base, a miniature city. This situationprovides a challenge when gathering data for the yearly AirEmissions Inventory (AEI) to satisfy the requirement of58.01.01.389.04

. 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 betweenthe registration deadline and the Idaho Department of Environmental QUality's review time for 2003 and the following years is provided belowin Table 1: Table 1. 

### Summary ofReview Days Calendar Year Facility Review Days IDEQ Review Days 2003 89 55 After 2003 31 104 If55 days are adequate for 2003 toreview all Tier I facilities, then a similar number ofdays should be adequate for each year after. The more time givento a facility to prepare theirAEI the more accurate itwill be, thuspreventing 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 onthe previous years emissions to allow a deadline extension could be a viable option. 5. Another option is to keep the text, "or othertwelve monthperiod requested by the registrant and approved bythe 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 DocketNo. 58-0101-0203



# - 6. MHAFB would like to thank you for the chanceto commentonthis docket and we look forward to yourreply. Ifyouhave any questions regarding this issue, please contactme at 828­ 3427.


## Iisignedil CHAD PARENT Air Quality Manager



# -



# -12 -1 

# ordinarypotato company September 19, 2002 

# RECE\VED SEP 25 2002 Paula 1. 

### Gradwohl 

# a H arings 

### Coordinator Environmental Quality Section 

### DE 

## .-/ {,/o/- C ;I():';­ 

### DOCKET 

## eNO

..**;,~..** 

### . Attorney General's Office 1410 N. Hilton Boise, Idaho 83706-1255 RE: Comments on DEQ Air Program Title V Funding Scenarios DearPaula: I attended a meeting ofthe IACI Environmental Committeethis 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 arebeing set at $2,292,160.00 so that the program canbe funded. Second, the fees arebeing charged in a weighted manner. I don't have any problem with the logical structure ofthe fee formulas, but I'm a little concerned aboutthe accuracy ofsome ofthe preliminary information on some ofthe facilities listed. Forinstance, 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 otherfacilities directly, but I know thatthere are some other similar mistakes ofthis magnitude listed. Thank you for your time and I hope that these comments will be helpful to you. Ifyou have any questions regarding these comments, please don'thesitateto call at (208) 785­ 5880. Sincerely,

Brett Suthers EngineeringManager 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 ofthe Department of Environmental Quality, Title 01, Chapter 01, "Rules for the Control ofAir 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 ofthe 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 ofthe 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 ofthe 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 ofthe 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 ofthe 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 ofthe 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. Ifthe 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 ofthe 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 ofthe 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)( )"

### P.2 OCT 09 '02 05:13PM 

# Department of Energy Idaho Operations Office 850 Energy Drive Idaho Falls, Idaho 83401-1583 October 9, 2002 

# RECBVED OCT 09 2002 Paula 

### J. Gradwohl Environmental Quality Section DEQ Hearings Coorpinator 1 '"?, 

### Attorney General's Office DOCKET NO. 

## OfQ 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 underthe 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 afterthe 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 1or 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 VAir 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

### P.3 OCT 09 '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 Vfees does not allow afacility 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 Vfee 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 Vsources 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 Vcompliance 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. Asingle 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. 

# -,

### P.4 OCT 09 '02 05:14PM



### 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 onDocketNo. 58-0101-0203 (Fee Rules) DearMs. Gradwohl: The IntermountainForest Association (IFA) provides a voice for forest products companies, forestland owners, suppliers and concerned citizens inthe Intermountain Region. Ourmission is to gainprofessional and public acceptance for active forest managementthat protectthe environmentand provides a sustainable supply ofproducts for people. Many IFA member companies are subjectto Title V air fees. IFA submits the following comments to the Idaho Department ofEnvironmental Quality (IDEQ)proposedrulemaking DocketNo. 58-0101­ 0203 (Title V AirFee Rules). IFA opposesthe IDEQ proposal outlined inDocket No. 58-0101-0203, whichproposes to replace the currentTitle 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 emissionbased calculations. IFA supports as a replacementto the IDEQ proposed rule. The Idaho Association of Commerce and Industry (IACI) has workedhard to draft 

### a proposal that represents a rule forged through a consensus process. This consensus document provides for a Title V AirFee program that will raise Title V AirFees substantially and in excess ofthepresumptive minimum. In 

# ­

### Ms. PaulaJ. Gradwohl

..

# - October 11, 2002 Page 2
addition, it establishes a process to reduce program costs. IFA continues to believe that IDEQ should take internal measures to containcosts that would result in a programbudget level ofapproximately $1.6 million, inline with states with a similar number ofregulated facilities. The IACI proposal provides for a $2.0 millionprogram budget. The IACI proposal substantiallyraises fees onIdaho industries at a time ofsignificant economic hardship. A dwindling regulated community cannot sustainthe high costs ofIDEQ's Title V AirFee proposal. 

### I. Idaho Industry does not supportthe IDEQ Proposal IFA does not supportthe proposed IDEQ Rule. IFA is not aware ofany business sector support for the IDEQ proposed rule. Itwas not created through negotiated rulemaking procedures, but was presented through a series of"information" meetings. 

### A. The CurrentAirFee Rule Meets Federal Guidelines

The Idaho Title V Air Fee Program is well funded and under no threat ofEPA sanction. IDEQ mustrecognize thatthe Title V Air Fee Program is mature (almostten years old) and is phasing down. IFA strongly encourages IDEQ to reduce its spending levels to the federally approved presumptive minimum ofapproximately $1,600,000. 1The IACI proposal meets all Federal standards and represents a consensus ofindustry. 

### 1. IDEQ's TitleV AirFeeProgram 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 ofapproximately $2,329,000. The Title V AirTrustFund, inFY 2002, collected $1,039,000 from industry, $429,000from 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 perton). The shortfall ofapproximately $76,503 is attributable to the fact that IDEQ did not collect any fees for permit modifications orrenewals as provided byregulation. Nowthat Title V Permits are being issued, permitmodification and renewal fees will increase. 

### 2. EPAwill 

### not Sanction Idaho

1Note: Accordingto the mostrecent Idaho facility emissions, the presumptive minimum will bereduced again to
. approximately $1,400,000. 

# GOOC·14

### Ms. Paula

### J. Gradwohl October 11, 2002 

# - Page 3

Forthe lasttwo years IDEQ officials have argued thatunless "adequate funding" defined as approximately $2,200,000 to $2,600,000 is not available, thatEPA will either sanctionIdaho by "cutting offhighway funds" or, that IDEQ will "turnthe program overto EPA." We believe that neither ofthese assertions is true or based in law. IACI members have discussedthe possibility ofhighway sanctions withJohnlani, EPA Region 10 Administrator. EPA has not threatened sanctions to be imposed againstIdaho. IACI knows ofno loss ofhighway funding ever occurring underthe Title V AirFee Program. Moreover, it is not possible for EPA to impose sanctionsunless procedures are followed requiring the EPA to issue aNotice ofDeficiency giving Idaho eighteen monthsto cure that deficiency (40 CFR § 70.1O(b). This process is not ongoing and there is no threat ofitbeing initiated. Moreover, IDEQ cannot simply "turnoverthe Title V AirFee Program" to EPA. The TitleV Air Fee Program is well funded. There is no possibility ofEPAtaking overthe program and imposing costs of$4,000,000 against Idaho's industries.



### 3. Title V AirFee Program is Phasing Down Idaho's Title V Air Fee Programis almosttenyears 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 overthe nextfive years, probably bytenthousand tons, reducing the presumptive minimum 

### to approximately $1,400,000 or less. This is a programthathas a declining industrial source base, and it is composed ofcompanies that are suffering through the currentrecession. 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. IDEQFee Proposalis Unworkable The IDEQ fee proposal makes sweeping changes in waysthatthe Title V AirFees 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. Itis a formulaic construction, which when repeated in public, is not easy to understand.

­

### Ms. Paula

### J. Gradwohl 

# >- October II, 2002 Page 4

1. TitleV 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 dollaramount ofTier 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 ofall facilities TierI costs under Subsection 390.01.c., divided by tbe total tons ofpollutants registered for tbe previous calendaryear 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 basedupon the "

... Department's analysis ofinformation supplied by the registrant under Section 389 and bythe Department's emission fee calculation methodology." The fee is "

... equal to the result ofthe calculation in Subsection 390.01.a., multiplied by an emissionfigure 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 calculationoffees requires numbers that are not available to the public on a reasonable basis. The numbers neededto be added, subtracted and divided, are not easily ascertainable or understandable. Since the number oftons ofpollutants registered and the amount offees will change from year to year, IDEQ'sproposal creates uncertainty

. Finally, because facility costs are defined as: "an average oftwo state fiscal years annual average direct and indirect costs attributable to a registrant in tbe TierI program as determined by tbe Department." No member ofthe public can predict whatthis amount ofmoney is orwill become, nor is there stated any standard by which costs are attributed ornot 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 itsproposal provides an "incentive for emissions reductions" as providedfor in 

### I.e. § 39-115(3). 

### This is nottrue. Becausethe IDEQ proposal is driven by an "appropriation"budgetnumberprojected at approximately $2,300,000to $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 largerpercentage ofcosts. Facilities reducing emissions will be subject to higherperton emission costs, thereby punishing companies who reduce pollutant levels. Because the costs ofthe program are unrelated tothe amount ofair pollutants ornumber of industries being regulated, there are no incentivesto reduce emissions! 

### 3. Conclusion The formulaic system envisionedbyIDEQ is unworkable and is the result ofinternal agency deliberations and spreadsheetcalculations, which are incomprehensible to the regulated industry and the general public.



# - II. AirFeeReviews IFA believes that there shouldbe a comprehensive review ofthe Title V fee program every two years to establish whatthe IDEQ budget should be, howfees will be collected, and a projection ofthe INEEL lump sum payments. The goal is to gradually reduce IDEQ spendingto be more inline with other states. Currently, IDEQ'sprogram is one ofthe mostexpensive in the nation, with costs significantly higherthanthe federally "presumptive minimum." 

### III. Conclusion IFA believesthat thatthe program budgets level needs to be reduced, and that we support the IACI proposed rule. We would respectfully request thatyouwithdrawthe current docket and accept IACI'sproposed rule. IFA appreciatesthe opportunity to submit comments onIDEQ'sproposed rule as well as to provide our support for the IACI proposal as an alternativerule for considerationby IDEQ and the Board. IFA believes the IACI proposed rule will generate more than adequate funds for Idaho's Title V AirFee. Sincerely, 

# -**9-a.~**

### /- Ms. Paula J. Gradwohl October 11,2002 Page 6


### Jane A. 

### Gorsuch Vice President ofIdaho Affairs Intermountain ForestAssociation



# -"

- uOOC18

# IdahoAssociation of**~~~.** I

# Commerce & 

# Industry
The Voice 

# ofBusiness

# in Idaho®
October 9,2002 

# RECEIVED Ms. Paula 1. 

### Gradwohl 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) DearMs. 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 ofEnvironmental Quality (lDEQ) proposed rulemaking DocketNo. 58-0101-0203 (Title V AirFee Rules). 

# - IACI opposes the IDEQ proposal to replace the current Title V AirFee 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 IDEQproposal substantially raises fees on Idaho industries at a time ofsignificant economic hardship. The high costs ofIDEQ's Title V AirFee 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 ofany 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 AirFee 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. 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 ofapproximately $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'spresumptive 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 ofapproximately $2,329,000. The Title V AirTrust Fund, inFY 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 $37.50per ton). The shortfall ofapproximately $76,503 is attributable to the fact that IDEQ did not collect any fees for pennitmodifications orrenewals as providedbyregulation. Now that Title V Pennits are being issued, pennitmodification and renewal fees will increase. 

### 2. EPAwill not Sanction Idaho 

### Forthe 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 offhighway funds" or, that IDEQ will "tumthe program over to EPA." Neither ofthese 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 beimposed against Idaho. IACI knows ofno loss ofhighway funding ever occurring under the Title V AirFee 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 "turnoverthe Title V AirFee 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
1Note: According to the most recent Idaho facility emissions, the presumptive minimum will be reduced againto approximately $1,400,000. 

# 000C20

### Ms. PaulaJ. Gradwohl 

# - October 9,2002 Page 3
non-productive to resolving Title V AirFee 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 AirFee Program, must also drop. Emissions will drop even further overthe next five years, probablyby ten thousand tons, reducing the presumptive minimum to approximately $1,400,000 orless. This is a program that has a declining industrial source base, and it is composed ofcompanies that are suffering through the current recession. IACI's proposal, discussedbelow, reflects a more realistic program to keep IDEQ spending at a level substantially above the presumptive minimum, whilebringing 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 AirFees are assessed to support an airpermitprogram. What is substituted instead is a mathematical fee calculation system, which is difficult to explain and understand. 

### Itis 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 SumPayments. Minus facility costs divided by emissions. The total dollar amountofTier I funds appropriated to the Departmentfor the upcoming fiscal year, less than any lump sum payments to be paid to the Departmentunder Section 398, less the total ofall facilities TierI costs under Subsection 390.01.c., divided by the total tons ofpollutants registered for the previous calendaryear 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 uponthe "

... Department's analysis of information supplied by the registrant under Section 389 and bythe Department's emission fee 

# 000[21

### Ms. Paula

### J. Gradwohl October 9,2002 Page 4

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 offees will change from year to year, IDEQ's proposal creates uncertainty. Finally, because facility costs are defined as: 

### "an average oftwo state fiscal years annual average direct and indirect costs attributable to a registrantin the TierI program as determined bythe Department." No member ofthepublic can predict whatthis 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 LoweringEmissions The IDEQ proposal is not self-supporting and discourages emissionreductions. 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 nottrue. Because the IDEQ proposal is driven by an "appropriation"budget numberprojected at approximately $2,300,000 to $2,400,000 for FY2003, 2004 and 2005 as emission levels drop orsources leave the program, the remaining sources are stuck with a larger percentage ofcosts. Facilities reducing emissions will be subject to higherperton emission costs, thereby punishing companies who reduce pollutant levels. Because the costs oftheprogram are unrelated to the amount ofairpollutants or number ofindustries being regulated, there are no incentives to reduce emissions! 

### 3. Conclusion The formulaic system envisioned byIDEQ 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. PaulaJ. Gradwohl October 9, 2002 Page 5



### II. lACI Title V Air Fee Proposal IACI proposes a Title V AirFee 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 CurrentRule The lACI proposal builds upon the currentrule bytaking the following steps: 1. An 

### across the board increase in the fixed annual fee schedule and the perton annual fee schedule often percent. This shouldraise approximately an additional $100,000. 2. The creation ofa 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 byIDEQ 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 perindustry per year. This should generate at least $330,000 to $419,000. Ofcourse, ifIDEQtakes no action to generate the fee for service, it does not receive the fees, but then again ithas 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 orless 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 AirFee TrustFund 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 oftheinterestbearing Title V Air Fee Account and put them in a non-interestbearing account which lost interest; 5. Because INEEL monies were notpaid into the Title V Air Fee Account additional interest was lost. The lACI proposal provides that those funds are to bepaid 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"**~3** 

## uU L":':­

### Ms. Paula 1. 

### Gradwohl October 9, 2002 Page 6

1. 

### Ten PercentFee Increase IACI proposes a ten percent increase in the fixed fee annual schedule at IDAPA Rule 527.06.aj. and the perton annual fee at IDAPA Rule 527.06.a.ii be increased across the board byten 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 AirFeeAccount The IACI proposal will retain the interest on the AirFeeTrust Fund, which last year was almost $68,000 and it is projected to be $100,000. 

### 5. Lump Sum Paymentto TrustAccount lACI is proposing that lump sum payments be made to the Title V AirFee TrustFund as provided for in Idaho law, 

## I.e. § 39-118D, so it will earn interest for the fund. Apparently that has nothappened in the past and needs to be corrected. IACI believes that since IDEQ will soon issue all ofthe Title V permits, and becausethe Title V program has matured, that IDEQ can gradually reduce its costs and develop more efficiencies in administering theprogram. 

### III. AirFee Reviews IACI 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

### Ms. PaulaJ. Gradwohl October 9, 2002 Page?
projection ofthe INEEL lump sumpayments. The goal is to gradually reduce IDEQ spending to bemore in line with other states. Currently, IDEQ'sprogram is one ofthe most expensive in the nation, with costs significantly higherthan the federally "presumptiveminimum." 

### IV. Conclusion IACI appreciates the opportunity to submit comments on IDEQ's proposedrule as well as to submit an alternative rule for considerationby IDEQ and the Board. IACIbelieves its rule is the safest and surest way for the Title V AirFeeProgram to be funded at a level more than adequate to meet IDEQ's needs. IDEQ'sproposed rule is simply not workable. IDEQ has developed the proposed air fee rule without any real consultation withindustry and without any evidence that it is workable. The IACI proposal is workable, simple and will be successful, as ithas been for the last two years. The amount ofmoney generated shouldbe from $2,030,000 to $2,100,000 inFY 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 of

# 1Jusiness in Idaho®
PROPOSED RULE

TITLE V FEES BY 

### The Idaho Association ofCommerce and Industry October 9, 2002 The attached proposed rule is presentedbyIACI as an industry consensus to replace the rule proposed by the Idaho Department ofEnvironmental Quality (Docket No. 58-0101­ 0203). The lACI members associated with the Idaho National Engineering and Environmental Laboratory have asked that we inform IDEQ that while they are supportive ofthe lACI 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 338-5623IDAHOADMINISTRATIVE CODE IDAPA 58.01.01

- Rules for the Department of Environmental Quality Control of AirPollution in Idaho


### 387. REGISTRATION AND REGISTRATION FEES. The purpose of Sections 387 through 399 is to set forth the requirements for the annual registration ofTier I sources and the annual assessment and payment offees 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 ofthe previous calendaryear for which Sections 387 through 399 apply shall, on Aprill, 2003 or within fifteen (15) days following the adjournment ofthe 2003 regular session of the legislature, and eachFebruary 1thereafter register with the Department and submit the following information: (. ) 

### 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 (5-1-94)


### 03. Facility Emission Units. The number and type of emission units present at the facility orthe TierI permit number for the facility; and () 

### 04. PollutantRegistration. 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 bythe registrant: 

## ( )

a. Actual annual emissions; or (<--

__

### --I)

Page 212IDAHOADMINISTRATIVE CODE IDAPA 58.01.01-Rulesforthe Departmentof Environmental Quality Control of AirPollution 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 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 of radionuclides 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, orjudicial 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 213IDAHOADMINISTRATIVE CODE IDAPA 58.01.01-Rulesforthe Department of Environmental Quality Control of AirPollution in Idaho


### ii. A per ton annual fee ofthirty-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 peryear 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 peryear 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 maybepaid as provided in Section 399.**~**

## uooc<~ 

# 0 Page 214IDAHOADMINISTRATIVE CODE IDAPA 58.01.01 Rulesforthe Department of Environmental Quality Control of AirPollution in Idaho


# - 08. Review of Department Budgeting Needs. A review ofDepartment 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 apublic 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 FORINFORMATION. 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 ofthe annual fee payable by that facility. ( ) 394. PAYMENT OFTIERI REGISTRATION FEE. 01. Fee Payment Date. The registration fee shall be paid to and received by the Department no later than July 1 ofeach 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 ofEnvironmental Quality 1410 N. Hilton, Boise, Idaho 83706-1255 

# - 395. EFFECT OFDELINQUENCY ON APPLICATIONS. 

# 000031 Page 215IDAHOADMINISTRATIVE CODE IDAPA 58.01.01-Rulesforthe Departmentof Environmental Quality Control of AirPollution in Idaho


### No pennit 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 pennit fees delinquent in full or inpart. (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 orreduced fees by the Department, or at the request ofthe owner or operator, should the Department detennine that the emissions and fees do not accurately reflect the operation ofthe 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 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 317.01. (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 ofone hundred (100) tons. (4-5-00)
Page 216

## UOOC2~~

### •

IDAHOADMINISTRATIVE CODE IDAPA 58.01.01-Rulesforthe Departmentof Environmental Quality Control of AirPollution in Idaho 

# -.

399. LUMP SUM PAYMENTS OFREGISTRATION 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 ofthe agreement by the person, the Department shall waive the payment requirements ofSection 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 ofAir 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
October8, 2002, 7 

### p.m. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 Department of Enviormental Quality 

### 1410 North Hilton 

### RoomB Boise, Idaho 83706



# -

### Rules forControlofAir

### Pollution in

### Idaho ControlofAir

### Pollution**Dep~entofHeuth** 

## & 1Velfare October 8, 200:2: Page 1 -1] BOISE, IDAHO
j Tuesday,October8,2002, 7 p.rn. [3] [4] 

### HEARING OFFICER: Let the record showthat I [5] amLarryWeeks the hearingofficerappointed to [6] conductthisproceeding.It is 7:05 p.m.,onthe [1] 8th ofOctober2002. [8] Thisis the time and place setto 191 receive oral comments ontwoproposed rule dockets: [10] Rules for the controlofairpollutionin Idaho, [11} DocketNos. 58-0101-0202 and 0203.Written [12) comments will also be acceptedatthis hearing. [13] We are in the DEQ conference centerin 114] Boise, Idaho.Notice ofthis hearing appearedin [15] the IdahoAdministrative Bulletin, as required by [16] Idaho Code Section 67-5221, on September4, 2002. [17] Thispublicationwas timely made and all necessary [18] notice reqUirements have beenmet. [19] All ofthose interestedpersons [20] attendingthis proceedingare asked to sign the [21] rosterindicating a desire, ifany, to make an oral [22J presentation.Aftera briefstatementmade byDEQ ,-l23] summarizing the proposedrule dockets,eachperson

.e I] will be given an opportunityto 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 ifnecessary. [4] At this time DEQ willmake its [5] statement,and then I will call upon personswho 16] indicated onthe roster that theywould like to [7] comment onthe proposed rules. IB] Ms. Kelly, I would think thatyou could (9J make your comments from there ifthat is okaywith [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 ofthe Idaho Department ofAir 114] Quality'sAir Quality Division. My testimony will [15] briefly outline two proposed rules.The first [16] proposes revisions to certain discrete provisions [17] ofthe air quality permitting rules.The second (lB] specifically revises theTitleV operatingpermit [19] registration and fee requirements. [20] The Idaho legislature and the executive 

# - J branch have determined that it is in the best ,.<2] interest ofthe State ofIdaho for the state [23J environmental agency ratherthan the federal [24] governmentto implement air quality permitting 125] programs in Idaho. PageS [1] The airqualityrules establish [2] requirementsfor threetypes ofairquality [3J permits:Permits to constructfor newormodified [4J sources,Tier 2 operatingpermits,andTier 1 [5] operatingpermitsfor major sources regulated by [6] TitleV ofthe CleanAirAct. [1] The first rule docketproposesrevisions [8] to those rules to correctandmodify several 191 specific provisions.Theproposed changes cover: [10] A, update ofthe citations tothe federal [11] regulations incorporated byreference. (12) B, adjustment ofthepermitto construct [13J application requirements for toxic airpollutants [14] to ensure consideration ofthe cumulative effectof [15] multiple airpollution sourcesand incremental [16] increases in emissions. 117] C, removal ofthe grain-loading 118] standard. [19] D, correctionto a cross-referenced [20] section numberregarding thepre-permit to [21] constructprocess. 122] E, revision oftime frames for filing [23] appeals to make them consistent with provisions of [24] the rules ofadministrative procedurebefore the [25J Board ofEnvironmental Page 4 11J F, clarification ofTier 1permit [2J application submission byowners oroperatorsof [3] deferred tier 1 sources. [4] G, codification ofcurrentpOlicies used [5) in interpretingand applying the rules forTier 1 [6] operatingpermit insignificant activities. [7] H, clarification ofthe process for [8] handling the expiration and renewal ofTier 2 (9] operatingpermits. [10] I, correction oferrorsin spelling and [11) capitalizationin the toxic airpollutant increment [12] tables and updating ofcompoundvalues. [13] ),addition to newabbreviations. [14J The department has determined that these [15] rule changes are necessary to correct errors in the [16] rules, to provide certaintyto the regulated (17] community and to ensure protection ofpublic [lB] health. [19J The second set ofrule changes being [20] proposed is the revision to theTitle V fee and [21] registration provisions.The Idaho Department of [22] Environmental Quality has obtained authorization

•[23] from the U.S. Environmental ProtectionAgencyto [24J implement aTier 1 airquality operatingpermit [25] program underTitle V ofthe Federal CleanAirAct. 

### Tucker & 

### Associates (208) 345-3704 Min-U-Script® (3) 

### Page 1 - Page

### 4

### ControlofAir

### Pollution Rules for ControlofAir

### Pollution 10Idaho October 8, 

### 2002 

### Department

### ofHealth lit 

### Welfare PageS Page 7 [11 The federal CleanAirAct mandates that [lJ Environmental QualityinNovember of2002,with a


# - l2J the full cost ofadministration and implementation [3J oftheTier 1 permitprogrambe funded bya fee [4) imposedon the facilities regulated underthe [5J program. [8J The DeparunentofEnvironmental Quality [7] is authorizedby state statute to impose such a fee [B] and to require facilities to register theirair I.9J pollutionactivities. (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] assessmentandpaymentofTier 1fees. (14J The current structure is not [lS] self-supporting and adoption ofa rule increasing. [16] the amount offees paidbythe regulated sources [17] will ensure sufficient funding and continued [18] compliance with federal requirements. [19J The proposedfee structure continues to [20] use a combinationofservice and emissionsbased [21J calculations to allowfor an equitable allocation [22J offee paymentsamongthe facilities andto comply [23J with a requirement ofstate 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 ofinformation and state fiscal year [2J cycles, it is proposed that the dates for 13] submission ofregistration information and fee [4J payments be changed. [5] Removal ofprovisions imposing [6) radionuclide emissions registration and fee [7J requirements onthe U.S. Depanment ofEnergy [8] facilities is also proposed.The proposed rule [9] contains language stating when and ifdeferred [10] sources are required to submit aTier 1 permit [11] application,the Depanmentwill reconsiderthe [12] registration and fee requirements to determine (13] whetheran alternative basis to regulate those [14J types ofsources 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 bythat date will be [18] included and considered in a final proposalpackage [19] to be sent to the Idaho Board ofEnvironmental [20] Quality.This package will include the transcript {21] ofthis hearing, all writtenpublic comments [22J received during the commentperiod, DEQ's response [23] to comments,and the final proposed rule. (24) DEQ intendsto present the final (25] proposal ofthese rule revisions to the Board of l2J recommendationthatthe Boardadoptthe proposalas (3) a pendingrule. (4J Iftheboard adopts a rule,and it is [S] approvedbythe Legislature,the pendingrule will [8J become final andeffective immediately upon [7] conclusionofthe 2003 legislative session. [8] Thatconcludes my comments,Mr. Hearing [9J Officer. [10) HEARING OFFICER: Thankyou.RichardRush,I [11) believe itwouldbe okay,too, ifyou wantto make [12) yourcomments from whereyou are, sir. [13J MR. RUSH: Thankyou,YourHonor,that would [14J bevery acceptable for me.Forthe record.myname [1S] is RichardR. Rush.UsuallyI go as Dick Rush.I [16] representthe IdahoAssociation ofCommerce and [17] Industry.Ourmembershipincludes approximately [1B] 300 businesses and business associations throughout [19] Idaho.The Idaho DepanmentofEnvironmental [20] Quality regulates many ofourmembers. [21J First,thank you and thank Kate Kelly (22] and the agencyfor giving ustime to comment onthe [23J air quality regulations. [24] My purpose today is to give some very 1.:[2:::::5:. 1**~ge=n::e::::ra=--l** comments.IACI will submitformal written PageS [1] comments tomorrow on both regulations that were [2] considered proposed regulations that we are (3) consideringhere today. (4) Again, Iunderstand that the comment [5] period does go through tomorrow.We willhave our [S] comments in plentyoftime. [7J The specific pending regulations were [S] covered byadministratorKelly, the rules to 19] clarify and streamline the air committeeprocess [10] and rules to set fees to administerthe airpermit [11] program undertitleVofthe federal CleanAirAct. [12] As we read inthe business section of [13] the newspapereverydayIdaho businesses and state [14] government,including DEQ I might add,are facing [15] someverytough financial times.The poor [16) financial condition ofboth industry and DEQ is the [17] majorreason why we are so concerned about new [18] expensive regulatoryprograms. [19] Now, I will get down to the specifics of !(20] why we are here.First ofall, docket 58010l'()202,
i (21] the proposed provisions clarify streamline air

![22] quality committeeprocess. This rule has more potential for a negative financial impact on Idaho's economythan [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 ControlofAir

### Pollution in

### Idaho 

## ControlofAIr

## Pollution**~p~entofHeuth** 

## & lVeu3re 

# Octobtt"S,"2002 Page 9 Page 11

_ I1J this proposalis certainlyone that IACI supportS: [1) unpopular, expensive,andpiece mealregulation.**~** Clarify and streamline.Wejustheard [2J We pledge to work in goodfaith aspartofthis [3] Administrator Kelly talk about a few ofthose [3] task force. [4J issues thatneedtoberevised.And we certainly [4) In conclusion,we propose thatwe delay. [S] supportthat. [S] orthatthe agencydelaythe so called streamlining (6) UnfortunatelypartS ofthe rule suchas [6] rules andthe additional regulation andpollutants [7) proposedchangesthatgoverntoxic airpollutants, [7) until this task force ofagencypersonnel and [lI) orTAPS, andTier 2 operatingprocedures do not (8) interestedparties can meet indevelopment plans [9J clarify orstreamline the Idaho rules.Instead (9) for a trulystreamlined airqualityprogram. (10) theygreatlyexpandIdaho's airqualityprogram. (10) The seconddocketthatwe're allowedto (11) Public comments are due onthese (11) comment ontonightis 580101'()203 establishTitleV [12] proposedrules tomorrow,Wednesday.And IACI will [12] fees.This rule setsfees forairquality (13) provide detailedwritten comments to support our (13) operatingpermitspaidbyabout 50companies in [14) position.The follOwing arejust a two ofthe [14] Idaho.And some ofthose have more thanone [IS] topicswewill discuss. [lS] facility.That numberis changingas time goes on. [16] First,the proposedrules expandby (16) There is a long historyofdisagreement [17] DEQ's authorityto regulate Idaho industry.And it [17] between industryand DEQ onthe level ofthose fees [18] does so without support ofanylegal, scientific, [IS) and howthe moneyhas been spent. [19] ortechnicaljustification. [19] My purpose here todayis not to talk (20) The proposedrules have been represented (20) aboutthese past disagreements.Instead wewish to (21) to the public byDEQ as the first phase ofa (21) develop common ground betWeen these few 50fee [22) two-phase rule making. (22) payers and the agency so that the state continues (23) According to DEQ the first phase [23] to meetfederal requirements andatthe same time 

# #- '4) represents short term,temporary,and minorfixes [24] keep the cost ofthe programreasonable and**..:...~5]~a~n~d~c~l~arifi~·~ca~t~io~n~s~t~h~at~will~·** ...**,r~tto~fu~rt~h=er~** ____ competitive with surrounding states.**~b:.«:e~"~l'~h\Ei** [25] Page 10 Page 12 [1] changes in the second revision ofIdaho's air [lJ The numberofcompaniesinvolved in the (2) qualityproviSionprocedures. (2) TitleVprogram 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 airqualitypermittingprocedures. [4) ifI added themup correctly,to approximately 50 [5) Rules governing toxic airpollutants,or [5] fee payers.The reason is that many companies are· (6) theTAPS, dramatically alterthe current rules that [SJ nowbelowtheTitleV threshold because they [7) were negotiatedjust a few years ago.They [7) reduced pollution and are using actual emissions [eJ empowerDEQ topotentiallyimpose new operational [S] ratherthanpotentialto calculate the fees. In [9] limits for technologically control requirements on [9] the next year ortwo we understand that more [10] sources.TAPS will nowbe handled far differently (10J companies will dropfrom theprogram and/orreduce [11] than the current DEQ rules.This opens a huge new (11) their air emissions. [12] arena ofemission regulation.DEQ does this [12] It is reasonable to expectthat with [131 withoutjustification as required bylaw. (13J fewer sourcesto regulate andwith lowered [14) Underthe state Environmental Protection [14J emissions that DEQ's costwill decline. 115) and HealthAct, DEQ is confined to promulgate [15J IACI opposes the DEQ proposalto replace [161 regulations that are necessarywhenfeasible. [16J the currentTitleV airfee rule with the [17] Idaho stringencylaws certainly come to mind when [17] formulatic regulatory systeminitiated by an (18J reviewing the new rule. DEQ, which is requiredby [18] assessed budgeted amount and allocated to a [19J state lawto inform the public and the legislature [19J mathematical formula provided a fee for service in**·-·.i~** [20J ifa rule is more stringent, simply states the [20J an emission based calculation. '.....:::> -"J proposed rule mayormay not be more stringent than [21J Before commentperiod ends tomorrow IACI 

### '::::> ,J federal law. [22] will submit comprehensive comments and an industry,::;::) (23] IACI opposes adoption ofthe rule as [23] consensusTitleVairfee 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 ratherthan this very [25] raise fees while establishing a process to reduce 

### (5) Page 

### 9· PaRe 12 Tucker & 

### Associates (208) 345-3704__ 

### ControlofAir

### Pollution Rules for ControlofAir

### Pollution in

### Idaho October 8, 2002 

### DepartmentofHealth 

# a Welfare Page 13 Page 15 (1) programcost. (2J YourHonor,that is the end ofmy (3) written statements.Thankyouverymuch for having (4) me here. [5J HEARING OFFICER:Thankyou,Mr. Rush. [6] Jane,Gorsuch,couldyou come uptothe [7J table,please? (8) MR. GORSUCH:YourHonor,thankyouverymuch [9] for providingme this opponunityto comeand speak [10] duringthe hearingonthesetwo dockets.My name [11) isJane Gorsuch.I amthevice presidentofIdaho (12) affairs for the IntermountainForestAssociation. (13) And I represent forest landowners andlumbermill (14) operatorsandpaper milloperators here inthe (15) state ofIdaho.Theyare almost all inonewayor [16J the otherregulatedbythis depanment.And a full [17] 98percent ofthemwill be impactedbythesetwo [18) rules. [19] I would like to associate ourcomments [2Il] tonight

### Wi.t:4.thQse expressedbyDick Rush whojust [21] spoke andto,basically, agree with the comments (22) thathe has made inthat on these two dockets [23) dealing with the titleVprogramin the streamline [24) air rules.They representan enormouschange 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 titleVprogramrepresents a huge (2) increase in cost.As an example for ourmediumto (3) small size lumber mills this represents a fee [4] increase from about $5,500 peryearto about [5]**$15,~OO** peryearon average.And given that most (6) ofourmills operate in rural areas where (7) unemployment rates are high and alternative jobs [8] and alternative industry are lowornonexistent,we [9] would like to express grave concern on the [10] continued effonto increase these fees onthese [11] companies,particularlyfora programthatis [12] basically a paperwork program.And it doesn't [13) really add to improve airquality. [14] The streamliningair rules also provide [15] us with a great deal ofconsternation in that we [16J feel that it is a large expansion ofthe program in [17] the state.And we believe that both ofthese (18) dockets should be withdrawn.And we have joined [19) with the coalition ofregulated communityindustry [20] and facilities in pledging our suppon to work [21] toward a consensus document on theTitleV fee [221 structure which recognizes the things that do need [23J to be done,but also recognizes that theTitleV (24) fee programcould be run at a much lowercost to [25] the regulated community. (1) We also are interestedinjoining (2J togethertowork ona larger rule makingthatwould 

# -, [31 truly streamline theseprograms,the airprograms (4) ofthe department ofEnvironmental Quality. [5J And I think withthatI will endmy [6] formal statement.And thank you againforthe [7J opponunityto be here andtoprovide additional (8) comments tothose thatwere providedbyMr.Rush \9l onbehalfoflAO. [10] HEARING OFFICER: Thank you.Do you have any (11) written commentsthatyou wish to submitthis (12) evening? [13) MS. GORSUCH: YourHonor,I will submit on (14) behalfofIF Amemberscommentsonbothofthese (15) docketspriorto the commentperiodclosing [16J tomorrow.Butforthis evening, no, sir,I do not [17] have anyformal written comments topresent. [18] HEARING OFFICER:Thankyou. [19) Does anyone else here wish to make oral (20) comments here tonight? Ifnot,I believe I will (21) putthe hearing into recess until7:35justto (22) allow any late comerswho might comeby.We will (23) be in recess until then.We willbe offthe [24) record.Thank you.**~[25~)** __**~(R~e=c=e=s=s~.)** __________________________________ Page 16 (1) HEARING OFFICER: Let the record showit is (2) now7:35 p.m.,and no other members ofthe public [3] have appeared norany otherwritten comments (4) submitted.The sign-inrosteronthese two [5J dockets,which is a two-page document which willbe [6) marked and admittedas Exhibit •-OOA. (7) (Exhibit •-OOA marked.) [8] HEARING OFFICER: And it is now7:35.The [9] hearing is now closed. [10) (Theproceedingsthen 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 ofAda )


### I, Lynwana Seward-Avery, Official Court Reporter. Countyof Ada, State ofIdaho, 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 ofthe 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
Do you wish Do you wish to 

### NAME MAILING ORGANIZATION 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 

## '3so 

### \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 ofwhat 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 notto 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 ofa statementto "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 atthe very least be required to consult with and understand these sources as they "reconsider." Since these small businesses are very differentfrom 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 ofAdvocacy, small firms with fewer than 20 employees spend four to five times the amount per employee to comply with environmental regulations than largerfirms. Many ofthe deferred sources would fall in this category. DEQ has an opportunity to deal with these sources in a very differentway 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 oftime spent to develop the first such permit by the total number offirms 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 perton fee appearing to create an incentive for emission reduction, in fact, this rule doesjust the oppOSite. Ifa facility reduces emissions, DEQ's program budget. which stays the same, is then divided by a smaller numberwith 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 ofthe deferred sources emit much less than 1 ton peryear. 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 ofthe rulemaking is to revise the Title V fee structure so that the agency can collect adequate funding to coverthe full cost ofthe administration and implementation ofthe Tier I operating permit program as required by Title V ofthe Clean AirAct. The rulemaking 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 ofCommerce and Industry (IACI) and the Intermountain ForestAssociation (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 ofthe 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. Comment2: 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 statefiscal 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 forthe collection of inadequate Title V fees.

RESPONSE TO PUBLIC COMMENTS - 1

### IDEQ 

### Response: The Idaho Legislature has found that "it is an obligation ofthe state of Idaho underTitle V ofthe Clean AirAct to provide for an operating permit program for sources of air pollution in this state." Idaho Code Section 39-11BC(1). 

### The Clean AirAct provides that "[a]II reasonable direct and indirect costs necessary for the development and administration ofthe 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 monitorthe adequacy ofthe 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 itwas "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 whethertitle V fees are used solely fortitle V permit program costs." 66 Fed. Reg. 42495 (October 4, 2001). As described in Attachment 1 (two electronic mail transmittals and one letterfrom 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 AirAct, ifthe deficiency is not corrected sanctions can - as a matteroffact and law
­ be imposed by EPA. Sanctions can include a higher ratio ofemission offsets prior to construction or modification of a major source in a nonattainment area and the loss offederal 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 ; 

# - underthe Clean Air Act, the source ofthat funding would be (much higher) fees imposed on Idaho industry. The impact of potential sanctions is a very real and relevant consideration ifthe fee structure adopted into the air quality rules does not generate adequate funding for IDEa'sTitle V program. 

### Comment 4: IACI and IFA comment that the IDEO Title V program spending levels should orwill be lower in upcoming years because the Title V program is "mature and phasing down." IDEQ 

### Response: This comment is outside the scope ofthis rulemaking. The core purpose of this rulemaking is not to limit the amount of IDEa's Title V operating permit program budget. The purpose ofthe rulemaking is to revise the Title V fee structure so that the agency can collect adequate funding to cover the full cost ofthe administration and implementation ofthe Tier I operating permit program as required by Title V ofthe Clean AirAct. The subject ofwhat that cost is
- orwhat it should or should not be
- is a subject to be discussed as part ofthe annual appropriation process, not as part ofthis rulemaking. With that said, the Title V program in Idaho is not phasing down. With completion ofthe processing and issuance ofthe initial Title V permits at the end ofthis 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 underTitle V and the impact that those obligations will have on IDEO resources in the upcoming years. A copy ofthat analysis and the budget and workload projections for SFY03 through SFY07 is attached asAttachment 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 ofa 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 AirAct 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 ofemission rates in the amount offees 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) ofthe 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 ofTitle V in 1990, EPA developed the concept of "presumptive minimum" as a way to assess the adequacy ofa 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 forthe 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 ofthis rulemaking. The core purpose ofthis rulemaking is not to limit the amount of IDEO's Title V operating permit program budget. The purpose ofthe rulemaking is to revise the Title V fee structure so that the agency can collect adequate funding to coverthe full cost ofthe administration and implementation ofthe Tier I operating permit program as required byTitle V of the Clean Air Act. The subject ofwhat that cost is
- orwhat it should orshould not be
- is a subject discussed as part ofthe annual appropriation process, not as part ofthis rulemaking. Comment 7: IACI and IFA stated that low levels ofTitle V fee collections for the past two years can be attributed to the fact that IDEO did not collect anyfees 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 underthe 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 ofthis 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 ifthe workload does not meetthe 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 oftheir status at the time the rule is promulgated. If necessary, the Department could modify the fee structure applicable to all Title V sources through rulemaking 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 

### ofthe program already and should be a part of the rule. Underthe 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 payfees. The review ofthe fee structure as referenced would necessarily require consideration ofthe impact that the addition ofthese facilities will have on the existing program. Any proposed changes to the

RESPONSE TO PUBLIC COMMENTS - 4

### Idaho Title V program as a result ofthe 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 priorto the receipt of the annual assessment from IDEO. DOE proposed alternative language forthis 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 notdirectly related to the size ofthe facility regulated. The fee structure proposed by IDEO uses a combination ofservice- and emissions-based calculations to allowfor an equitable allocation offee 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 particularfacility with the amount offee paid by the facility. USing DEO's cost accounting system, information regarding costs and hours worked is readily available. After a certain amount ofexperience underthe new system, facilities should be able to fairly well predictthe amount oftheirfee payments based on the amount of interface they have had with IDEO staff overthe past two years and based upon their annual emissions. Iffacilities want more information with regard to agency's costs to regulate them, more detailed orfrequent information is available pursuant to the Idaho Public Records Act, Idaho Code Section 9-338 and as part ofthe 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 greaterthan orequal to 100tons peryear. A facility that emits atthis rate is classified as a majorfacility for the purposes ofTier I operating permit requirements, including registration fees. On August 5, 2002, IDEO issued a Tier II synthetic minoroperating permit to Nonpareil. This permit contains state and federally enforceable conditions that limit the facility's potential to emit to less than 100tons peryear ofthe criteria pollutants. Therefore, Nonpareil is no longer a majorsource 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 difficultto follow, the additional source offees is limited, and the amount of resources needed to adequately trackfugitive dust emissions would make this an inefficient use offunds." IDEC Response: This comment is outside the scope ofthis rulemaking. 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 rulemaking. Program Review. Comment 14: IACI and IFA request that the rule be modified to include a comprehensive review ofthe Title V fee program every two years to establish what the IDEO budget should be, howfees will be 

### collected, and a projection ofthe 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 ofthe 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 perton annual fee schedule; (2) creation ofa broaderfee 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 paymentfrom DOE of$500,000; and (4) an assumption ofannual 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 ofthe 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 ofthe language published by IDEO for public comment. The Idaho Administrative Procedures Act provides "Priorto 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 ofthis rulemaking and without further public notice, forthe Board to adopt the altemative rule language proposed by IACt Regardless ofthe 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 ofthis rulemaking is to revise the Title V fee

RESPONSE TO PUBLIC COMMENTS - 6

# - structure so that IDEO can collect adequate funding to coverthe full cost ofthe administration and implementation ofthe Tier I operating permit program as required by Title V ofthe 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. Ifthe assumptions are not realized
- as was the case for a number ofthem overthe pasttwo 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. Ifemissions rates, lump-sum payments, or requests for service are lower or higherthan 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 lACI-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 clearthat thefee 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 ofComments



# -

RESPONSE TO PUBLIC COMMENTS - 7

# -- ATTACHMENT 1 UNITEDSTATES ENVIRONMENTAL PROTECTIONAGENCY REGION 10 1200Sixth Avenue Seattle,WA98101 

## MAY - 6 2002
Reply To Attn Of: 

### OAQ-I07 

## RECEIV 

## EO C. Stephen Allred, Administrator Idaho Department ofEnvironmental Quality 

## MAY 1**~** 

## 2002 1410 North Hilton DEPARTMENTOf ENVIROtiMENTALOUAl.l1Y 

### Boise, ID 83706-1255 STATEAOPROGRAM 

### Dear Mr. Allred: I understand that the Idaho Department ofEnvironmental Quality 

### (IDEQ)**j~** 

### currently preparing to revise its rules to increase fees assessed to stationary sources to supportIdaho's federal air operating permits program under TitleV ofthe Clean Air Act. EPA 

### strongly supports IDEQ's efforts to increase Title V fees in Idaho and is concerned that IDEQ'" s efforts to implementIdaho's Title V operating permit program may be hindered iffees are not increased. Title V ofthe Act requires states to develop and implement an operating permitprogram for stationary sources ofair pollutants. Section 502(b)(3) ofthe 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. If

### EPA 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 ofthe state's operating permit program; (2) impleIT.lenting the federal operating permit program in Idaho and charging facilities fees to cover the programcosts; and (3) applying highwayfunding and construction permit**offs~t** 

### sanctions pursuant to Section 179(b) ofthe Clean Air Act. EPA has had concerns regarding whetherIDEQ has been collecting sufficientfees to fully implement and enforce its Title Vprogram since EPA first proposed to approve Idaho'sTier 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 ofwhat 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 implementthe 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 airemissions requirements. IDEQ has made good progress in issuing TitleV operating

() Printedon RecycledPaperto 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 itwould cost EFAto run 

### a ti!:e V prugram 

### in Idaho if Idaho decided to hand the program backto EPA. The cost ofthe 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 byfeeSronected

### fronrttttay sources. See CAA section 502(b)(3); 40 CFR 70.9(a)"and1bj;4trCFR 71.9(a). We understand that IDEO estimatesthat it needs approximately $2.2 million to run a title V program in Idahothat meets federal requirements and that Idaho industry believes this estimate isfartoo high. Before addressing Steve's question, wewant 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 

### decidedtohand back the titleV program, the·CleanAirAct·anc,tthe1*'l



# .­**~70** regulations call for issuance ofa Notice of**Defici~ffihg** ttJadminister and enforce an approved titleV 

### prograrri. See CAA section 502(1); 40 CFR 70.10(b). Ifthe deficiency (failure to run an approved program) 

### was notconectedwithin 18 monthsotthe1lOtice; Idaho would be subject to sanctions under section 179ofthe Clean Air

### Act. These sanctions are significant; they include both a hi9hef1'atiedeniseiOiI offsetsthafa major source must obtain when

### if

## Constructsor

### modifies .ma-nonattainment area and the lOSS.6 federaLbighway.funds:.' Although the offset sanction would apply only in nonattainment areas in Idaho, the lossof highwayfundswouldapptythrot.tghetJt-ttre'state. Thus, the impact of mandatory sanctions needs to be considered in any discussion ofwhether costs totitle

### V sources in Idahowould 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 itwould take six to nine months to prepare a thorough analysis. However, we have given somethought to Steve's**que~ion** over 

### U".e past

### twv**Wei:~S** and every indication isthat 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'stitle 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_FII iEletsfeder'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 Tier2 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 Idahotitle V

# .. sources and their applicable requirements, or any increases in outreach costs. We then assumed that Region 10would 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 sureyou 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 bejust 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 lowerthan average costs, and really close to the rates we would expect to pay for contract servicesto support an EPA run title V program for Idaho. 2. The most technical tasks in Idaho's "title V FeeActivities, Projections for FY03
- that is: thework 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 completejustthese 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 thiswork, 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 AirAct 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 costsof administering apart 71 program; EPA must by'rule

### set a 

### fee • that,adequately,reflects permitprtlgFanlcosts'1or-the-puagraill. Ifyou have any questions, don't hesitate to contact me. Thanks



# - Jeff KenKnight U.S. EPA
- Region 10 Office ofAir 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 ofsanctions Kate, We need to make a clarification to the E-mail I sent you on September 12, 2002 regarding the geographic scope ofsanctions that would apply if Idaho did not have a part 70 program. The second paragraph ofthe 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) ofthe 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) ofthe 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. Ifyou have any questions or need further clarification, don't hesitate to contact me. Jeff KenKnight U.S. EPA
- Region 10 Office ofAir 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 ofEnvironmental Quality Title V ProgramProjections SFY03

- SFY07

June 

## 18, 2002

## Table ofContents

PROGRAM SFY03-07 NARRATJVE 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 ofair pol1ution. By December 2002, DEQ expectsto issue all initial Title V Operating Permits. With completionofthe initial issuance phase ofldaho's Title V Program, DEQ

## win be entering into the implementationphase 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 oroperatorofsources 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 DEQcollects are used to pay for various activities as prescribed by law and defined in agency guidance (see Attachment 1: DEQTitle 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 1permit development Tier 1permit renewal Tier 1permit 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 batchplants, 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 aresult ofthe implementation ofthe national Clean Air 

### Act Compliance Monitoring Strategy (EPA memorandum, May 14, 2001). The updated CompJiance Monitoring Strategyplaces 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 forthose designated byDEQ as Title V**mega~sites).** 

### The full compliance evaluation is a more comprehensive inspectionthen DEQ has historicaIJy performed and builds upon the Title Vprogramprinciples 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 implementationphase ofIdaho's Title V program. For SFY04, estimates come from a "Part 70 Fees Workplan" prepared by DEQ. For SFY03, estimates ofhours and activities were obtained from DEQ's strategic planning and budget process.


### Table 2. Title V Program Hours and Activity Trends Hours·ActivityHistory

­ Projections InitialIssuance 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 TotalTitle V Hours 71,426.3 54,241.9 49,043.0 45,280.0 NOTES: • SFYO)

- Data from actual hours worked. 

### • SFY02 •Data from actualhours worked through 5/31102 projected toyear-end by mUltiplying26124 (remainingpay 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 canbe 

### estimated based onthe number ofhours and category ofpersonneJ necessary to meet activityprojections. • 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 eachprogram office orregional 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: • SFYOI**~** Actual expenditures. • SFY02 • Actual expenditures through 5/31102, projected toyear-end • SFY03

- Dam 

### based upoo budget loads as of6/18/02 • SFY04 Dam 

### based upoo personne] category and estimatedmnnber ofbours. • SFY04 and Beyond

- Assumes a fund shift of$300,000to supp<rt monitoring and small business assistance. • SFY04 and Beyond

- Assumes Title V pennitrequirements 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 onthis 

### 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. Ifyou 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 ofEnvironmental 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 ofsources subject to Tit]e V permit requirements pay a fee to cover a]] reasonable (direct and indirect) costs to develop and administerthepermit program. TideV applies to Tier I sources as defined in IDAPA 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 useTideV 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 ofaTier 2 operating pennit ata TitleV faciHty is a base grant activity (SSBG) and sometimes it is a TitleV 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 airprogram activities are e1igib]e for Title V funds to the extent they are also necessary for the issuance-and

_ implementation**o~Title** 

### V permits. Tohelp you determine which activities mustbe charged toTitle V funds and which activities may notbe charged to Title V, we have developed a Title V FeeEligible Activities matrix. Activities are split outby functional groupings (Administration, Stationary Sources, Mobile and Area Source Program, and Modeling, Monitoring,'

### and Emission**Inventory)~** 

### The matrix has three columns. One lists the activitieswe perfQnn. The other two identify whether the activity is charged to Title V orthe base grant. To' simplify this guidance, we ignored other types offunding such as the 103 grant or 

## CMAQ. DEQTime is the primary tool we use to guide which activities are chargedto 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 tothe correct fund. Tier2 Operating Permits One ofthe confusing areas is the Tier2 operating pennits. Tier 2 operatingpennits are used for a variety ofreasons. Some Tier 2 operating pennits mustbe chargedto

## Base funds and otherS' 

### wilJ be charged to Title V. ' DEQhas decided that Tier 2 operating permits wi)) be charged to Title V, iftheprimary function ofthe Tier 2 pennit is either:

# . . .­ 

# - . '. ldaho Department ofEnvironmenta! Quality Guidance on Title V Fee Fund Charges May 6,2002 Page2 

# - (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 ofa Title V pennit. CompliancelEnforcement Compliance is a]so apotentially confusing area. Part 70.9.b.iv says that implementing and enforcing the terms ofany 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 operatingpermit An example ofa base-funded activity at a Title VTacility would 

### be a PTC permithandoff or review ofa source test required under a PTC. lnspections atTitle 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 quarterto one halfofDEQ'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 thosepositions 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 CleanAirAct and 40 CFR Part 70)Volume 1, Jan'uary, 1995 The Title V program is moving from its initial permit issuance phase into an implementationphase. Where appropriate, Title V pennits will contain a requirement for Title V facilities to monitor ambient air quality. Along with this shiftwehave decided, as ofSFY03, not to charge direct monitoring costs to Title V. Monitoring-related costs associated with implementation ofa 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% ofthe cost ofthe training andtravel 

# -.

should be charged to Title V. If, for example, you conduct inspections and 25% ofyour inspection workload each year is related to Title V sources, then 25% ofany training you 

# ­ receive on inspections mustbe charged to Title V.

# . -

, 

# . ' 

# . Maho Department ofEnvironmental Quality Guidance on Title V Fee Fund Charges

- May 6,2002 Page 3 

### ]n cases when you are really not sure, use professionaljudgment. 

## Ifyou begin working· on afaciJity that youthink is not subject to Title Vrequirements, it should be charged to 

### base funds. ]f

### you then discoverit is major source subject to Title V,

### you can begin chargingto Title V. Your primary responsibility is to be consistent based on the information you have avai1able. The Title VProgram 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 ofEnvironmental 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 ofTitle 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 ofTitle V program Title V program. They are not synthetic minors until they have a permit limitthat 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/Compliance 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 - Facility-change forTitle V facilities • PTC compliance related facility-wide permits for all facilities

- Minor facilities

- Minor facilities

- Compliance atTitle 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 projedIdaho Depanment ofEnvironmental 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 VFEE RULE INFORMATIONAL MEETING Meeting Date: 9/17/02


### Name 

# //C', /7" 

# !/!r

# fr 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-I f<i1 

# I 

# MoIL .\:0. 

# rrir)**~** 

# Hv,!.... 

# d Kldfl""'­ 

# Ib-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~)--** 

# G

# Co**.~** 

# Z­

# (~-:)@,Ic...e,~ .

# \~-t268·5'4) "Illig

/l 

### I" 

# 1 t7\":1h A. 

# t

# t 1'(;11

# 1 c) 

# A O'{/.\(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 '5J 

### G 

## V

# :~

\: L. 

# l)

\I' 

# K**~,** 

### """­

<

### ~ 

# -

...
..... 

# '" ! O{j 'v



# - ...,J**~** 

## 0 .: {)

## ~~ \'j s::: 

# e 

# U**~ ~** 

# ~ 

# (X

- 0

# ~ d) 

# n



# , \..

# ~ -.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

# ~ 0.. 

## \'2

# .~

# ~ 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 ofAda ) On this

# l3!.icfNovember, 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!t1**foJr~~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 ADOPTAS 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 '" ",f I

## ~ .j...,

. 2.'7 Ct 

## ' 0 (j, 

## b. C, (vi\. /0 

## 7

.

# - }

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

### 0)03 (Title V Fees)
DATE INITIALS

# \~\~ 

# 1 0\ . }\\( 

# 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 ofTemporary Rule

# ~

# ~~ Legal Review of PendinglTemporary Rule Docket 

# t lll.LrJ0l**~SA-Director** Approval of PendinglTemporary Rule Docket
Board Adoption of PendinglTemporary RuleDocket 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 ofthe federal Clean Air Act. The federal Clean Air Act mandates that the full cost ofadministration and implementation ofthe 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 ofthe proposed rulemaking is to revise the existing structure for annual registration ofTier I sources, and the annual assessment and payment ofTier 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 ofservice- and emissions-based calculations to allow for an equitable allocation offee 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 ofthe First Regular Session ofthe 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 ofthe 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. Tothe extent the fee is based upon the rate ofemissions from a facility, management of emitted pollutants 

### will provide sources an opportunity to control the amount offees they must pay. II



# • Rulenl, 

# ,-,! and Public Comment Summary
- Page 1t-i



# . )

- Section L ,**~&** ...**--~** .. ...,.. - -­ Section Title 

# ,**-~** ,.--­ 

# - Summary ofRule Changes Based on Public Comment 

### )



# -- 

# ­ Outstanding Issues 

### For a complete discussion ofthe 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 ofTier I Registration Fee 

### 394 Effect ofDelinquency 

### 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 ofthe Fifty-seventh Idaho Legislature ifthe rule is approved by concurrent resolution in accordance with Sections 67-5224 and 67-529], Idaho Code. The rule may berejected, amended ormodified by concurrentresolution ofthe LegiSlature. AUTHORITY: In compliance with Section 67-5224, Idaho Code, noticeis 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 ofthe 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 306through 312.DEQreceived public comments concerning the proposed rule and hasrevised theinitial 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 bythepublic and an explanation ofthereasons for changes betweenthetextofthe proposedrule and the text ofthe pending rule can beobtained by contacting the undersigned. FEE SUMMARY: This rulemaking revises the requirements for the annual registration ofTier I sources, and the annual assessment and payment offees to support the TierI pennitting program. Collection ofthe fees is authorized by Sections 39-115(3), 39-] 18D and 39-119, Idaho Code. GENERAL INFORMATION: Formore 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 orkkelly@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)373-0418IFaxNo. (208)373-0481 pgradwoh@deq.state.id.us

IDAPA S8, TITLE 01, Chapter01
RULES FORTHE CONTROL OFAIRPOLLUTION IN IDAHO
Tbere are substantive changes from the proposed ruletext.
IDAHOADMINISTRATIVE BULLETIN Page225 January 1, 2003

- Vol. 03-1

# -

-,THE FOLLOWING ISTHE TEXT OFDOCKET NO. 58-0101-0103 Title V Fee

387. REGISTRATION AND REGISTRATION FEES. Thepurpose ofSections 387 through 399 is toestahlish crite"ia set forth therequirements for the annual registration ofemissions Tier I sources, and the annual assessment and payment offees.foF to s¥:f!6R 

### fundthe Tier I permit5 program. Thefoe SlroelfJFe is 19Jm3videflexthility**filn~jinaReial** slfilhility t9 the DeptiH'tmentJm3gram.**~** 388. APPLICABILITY. 01. Applicability. 

### IN fiI1'IYgi)len ye<H', Sections 387 through 399 shall applyto all major facilities, as defined in Section 008, including facilities that obtained air qualitypennits 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 therebynot pay Tier I fees. On or before such time as those deferred sources are required to submit a Tier I operatingpermit 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. Anyperson owning or operating a facility or source during theprevious calendar year or anyportion ofthe previous calendar year for which Sections 387 through 399 appliesy shall, byon MfiIyApril 

### 1 , .J-99J2003 or within fifteen (15) days following the adjournment ofthe 2003 regular session ofthe legislature, and each MfiIyFe9ruart April Jthereafter 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 atthe facility or the Tier I permit number for the facility; and**~** 04. PollutantRegistration. Theemissions from the previous calendaryear, erelhor twelve (2) menthportedrequesledby the regiswQI'lt end**apPffl~ed** bythe Department for oxides ofsulfur (SOx), oxides of nitrogen (NOx), particulate matter

## 1rM1 and volatile organic compounds (VOC) basedon one (1) ormore 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 duringthe preceding calendar year; or**~** c. Allowable emissionsbased 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 cfJFiespe"yee"

# -Few lheusandH" 4>/kw. ($30 0II()l. 

### " .e"""""'"(4 , " ". anf*ahfA'e l. 7 ___ ,5IJ0) 

# "''''per_ d (J.9 (JIJ

___ • snfll/pay !hi#:>-'

## ,l._

___ iJ'_vl'tf::Jusanddella"s (3)
(1)
(5) Five Inmdred (5()()l 7 WRSpe1'ye91' andaiJel'e !llI,all ' pay seven**the~** d ($7,500);

(7)($2,500). (33001) 

# -, h. SouFOes 1'equesting &etien 300peffllit modifications OFrono:wsls shellp8}'an additional fee. ,%os shall he: (33001)
i. Peffllit FOnffwsljee, ten thousanddellaFS ($10, (00); (3 3{J OJ)
ii. ,%es.le1'mine1'peffllitmadifieatiaT'lS espFB'"idedin Section 383 shall he one thousanddeUaFs ($J,OOO): and (33001) Fees/tl1' signijie(:lRtfJOFmit modifications espFBvidedin $ection 382 shallhe:fi;'Pe thousand

o. len the e:t.'ent the mooies callectedfJUFsuant t9 &hsection 389.06 foil t9 meel thefJ1'esumptive minimum establishedby 40 CFR .I'aR 

## ro, any sheFlfoUshall he o?(pendedfFBm the ltkiha ail'qualityfJeffliitting fundes necessary in accordance with &etion39 118D(2), Idaho Code. (71 02) ($5kUFie/yeaF) ,/te1' facilities FOgulateduntie1' 40 CFR PaR 6,',**$~rt** H. The 1'egist1'ation fee may hepaidin 

### towo (2) iRSJallments aspFBvideJin $uhseetion 393.0J. (7 l (2) 390. REQUEST,l?()R [I'll-ORMATION. Anyadditional ir;Offll6lion, p/al9S, specijieaJio:w, eo/idenee OFdocuments that the DepaFtment may FOquiFO t9 make the deteminations roquirodunde!' &eti01'lS 387 tlwough 399sh6IIhe /lm'lished 01'1 1'equest. (7 1 (2) 39JQ. REGISTRATION FEE CRITERIA. 

# -
01. Calculation OfFee. All/acilitiesregistrants to which this Section§ 39+87 through 399 appliesy shall pay to the Department an annual registration fee es roquirodhy $uesectieT'lS 389.06and389.07. 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 andengiT'lOeFing and technicalfJ1'actiee. In. the event eta failure via foeility t9 suhmitpertinent 1'egistMtien in,foFmaJien, Ehe Depanmefllt maycaieulate the foe andshaU fISSOSS thefacility thefee andthe cests oicaleulating thejee. The Deptl1'tmenl mtlYempleyprivate cenlffleteFs 10 dete1'mine the rogiStFalioniee bythe Department's emissions fee calculation methodology. The fee is equaltotheresult ofthe calculation in Subsection 390.0I.a., multiplied bythe emissions figure in Subsection 390.01.b., plusthe 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 totheDepartment for the upcoming fiscal year, less any lump sum paymentstobe paid totheDepartment under Section 398, less the total ofall facilities Tier I costs under Subsection 390.01.c., divided bythetotal tons ofpollutants registered for the previous calendar year by all registrants under Subsection 389.04 and confirmed bytheDepartment. ( ) b. Emissions. Thetotal tons ofpollutantsregistered for the previous calendar year bythatregistrant under Subsection 389.04 and confirmed bytheDepartment. ( )

c. FacilityCosts. Theprevious two (2) state fiscal years' annual average direct and indirect costs attributable to that registrant under the Tier I program as determined bythe Department. ( ) 02. Excess Fund Balance. In the event that on June 30, 2003 ahny giVeR Y@8forJune 30 of all 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 theappropriation

# c- amount used to calculatethe following year's annual registration fees. pursuant to Subsection 390.01. ( )

___**O~3~.** PollutantEmissions andFacilitv Costsfor RegistrantsMaking LumpSum Payments. In the eventa registrantandthe Department enter into an agreementfor a lump sumpaYment orallorthe registrant's TierI registration tees as allowedin Section 398. the total tons ofpol/utants registeredby thatfacility under Section 389andthe direct andindirect costs attributable to thatfacility underSubsection 390.0J.c. 

### will be subtractedfrom the tormula that is usedto calculate tees (or all Tier Ifacilities inSection 390. {---1
39:2-1. REGISTRATION BYTHEl>EPARTMENTFEE ASSESSMENT. {]p8n roceivi:ng regis#8tiel'lmQterieisjrem QfQcUity, Fhe Deptwtme1'lt shell: No later than May25,2003, and each May 15 thereafter, the Department shall send to each facility towhich Sections 387 through 399 apply. by certified mail, an assessment ofthe annual fee payable by that fucility.**~** 1Jl. Cempisene§SRevie". lklrie¥.'lhe mQleriQI 

## Ii»- QCeurtlCy QndtheFeuglmeS5; (5,.1 94)
(5,.1 94) OJ. FeeAssessment. Semi Ie the rogiS#81'1t, bycertifiedmQil, Q1'IflSSCS6mC1'It**efl.~fee** Qmi Qroceipt shewi:ng Fhefl1Hefi;/'II efpl'l)'1l'l.e/'ll FeCei';eti bythe DeptH'tmel'lt. (5 } 94) 392. FAILURE TO SUBMIT REGISTRATION INFORMATION. Anyadditional information. plans, specifications, evidence or documentsthat theDepartment mayrequire in order to implement Sections 387through 399 shall be furnished bythe registrant tothe Department onrequest. In the event ofa failure ofa registrant to submit complete registration information, theDepartment maycalculate and assess the fee based on information otherwise available tothe Department. ( ) 393. PAYMENT DlJEOFTIERI REGISTRATION FEE. 01. Fee Payment Date. Theregistration fee shall be paid to and received by the Department.,. no later than July 1ofeach year. Checks should be made payable to "Department ofEnvironmental Quality'''.**~** 1Jl. A"nulllIkgistNlti91fPayments. Peyme/'ll hy "'fey l e/:coohyetH'efflt IeflStjiftypercent (50'#,) ef the Q1f/'Ifi;Q/rogistrfltie1'l foefor thefeliewing twehe (12) me1'lths, the 

### 9aianee efthe fee Ie hepaidby

### ANgHSt 

### l.

02. Amemime/'lls In Regist1'flli61fS Fees.• f4tJ.'1HC1ft within }eFfyjiWl (45) days 

## 9fflSSeS5ment 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 IdahoDepartment ofEnvironmental Quality 1410N. Hilton, Boise, Idaho 83706-1255 394. EFFECT OFDELINQUENCY ON APPLICATIONS. Nopermit to construct or operate, other than those issued at the discretion ofthe Director, shall be accepted for processing, processed, or issued bythe Department for any facility orto anyperson having Tier I operating permit fees delinquent in full or inpart.**~** 

# - 395. APPEALS. Persons may file an appeal within thirty-five (302.) days ofthe datethe person received the assessment androeeiptissuedtmderSubseeli6n 39.2. {)3, 61'within thirty (3()) days of the d8Ie thepe;"'S61'l receivedan essessment issued 

# - under Sections 391 

### or 396. The appeal shall be filed in accordance with IDAPA 58.01.23, "Rules ofAdministrative 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 of theBoardojE1'1'lirol'lmenlei Quality. (5 19if) 397. CHECKS SHOULD BE**,~{ADE** OUT TO "DEPARTMENT OF EI'lVIRaVUENTAL QU,4UTYAQ REG1STRATWNFEE". Allregistrelien**a~fee** materials sheuldbe sent Ie: Ai1' QualityRegislratien Fees !dshe Depf:il;Rment ofE1'Wiranmentai Quality !

## noN. 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 payingregistration 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 topay fees for fugitive dust emission in excess ofone hundred (100) tons. (4-5-00)**399~.** LUMPSUM PAYMENTS OFREGISTRATION FEES. 01. Agreement. The Department may, in its discretion, enter an agreement with anyperson for thelump sum payment ofall, or anyP9Rir:m &f addition to, the registration fees required by Section**389Q.~** 02. Minimum Amount. Theminimum amount for any lump sum agreement shall bethreehundred thousand dollars ($300,000). (5-1-94) 03. Payment Waiver. Upon the execution and 

### full performance ofthe agreement by theperson, 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 OFDOCKET NO. 58-0]0]-0203

387. REGISTRATION AND REGISTRATION FEES. Thepurpose ofSections 387 through 3991 isto establish eriteria set forth therequirements for the annual registration ofemissions TierI sources, and the annual assessment and payment offees .feF to supportthe Tier I permit5ting program. The fee strnetHre is to pre>Ade tleJdbilit)' 

### ond HRoneial stabilityto the Depart:JReat program.(7 I Q2X-..) 388. APPLICABILITY. 01. Applicability. In on)' gj>,'efI year, Sections 387 through 3991 shall applyto all major facilities, as defined in Section 008, including facilities that obtained air qualitypennits 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 payfees.**~** 02. Deferred Sources. Certain sourcesmay qualifY for andrequest deferral from the Tier I operating pennit program under Subsection 301.02.b.iv. and thereby not payTier I fees. 

### On or before such time as those deferred sources are requiredto submit a Tier 1 operatingpennit 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 payfees should be developed. 

### L-J 389. REGISTRATION INFORMATION. Anyperson owning or operating a facility or source duringtheprevious calendar year or anyportion ofthe previous calendaryear for which Sections 387through 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 1thereafterregister withthe Department and submitthe following infonnation as specified in SubsectioIS389.01 through 389.05:**~** 01. Facility Information. Thename, address, telephonenumber and location ofthe facility; (5-1-94) 02. Owner/Operator Information. The name, address and telephonenumbers ofthe owners and operators; (5-1-94) 03. Facility Emission Units. Thenumber and type ofemission units present at the facility orthe Tier I pennitnumber for the facility; and**~** 04. Pollutant Registration. The emissions from theprevious calendaryear, or other twelve (12) month periodreql: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) ormore ofthe following methods chosen bytheregistrant:**~** 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 theregistrantwishes to be registered to emit from each source in curies peryear except that no amount in excess ofor less than an existingpermit, consent order, orjudicial orderwill be allowed.

­

. (S-1-94) 06. Regulated AirPollutantRegistration Fee. Theregistration fee set out in Subsection 389.06 shaH bereviewed at leastevery two (2) yearsto assure the funds meet thepresumptiveminimum 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 PeFaaitFeBewals 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 emissioosas 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) Fourthousand 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) Onethousand (1,000) tons per year and above shaH pay fHt.eeH. seventeen thousand five hundred dollars**($1~I,0200);** 

# - (3 30 (1) (---.l (S) Fivehundred (SOO) tonsper 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 peryear shall pay twothousand fi¥e hundred

## !illY dollars**($2,~I()20);** plus (3 30 01) LJ ii. A per ton annual fee ofthirty-three dollars ($302,) per ton for all regulated air pollutant emissions fur Tier 1major sel:lFce5 listed in Subsection 389.04 as follows: (7 1 02) LJ (1) Greater than or equal to four thousand five hundred (4,500) tons per year not to exceed one hundred ten thousand dollars ($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 nottoexceed fifty-five thousand dollars ($5Q,2,000); (3 30 Ql)

## LJ (3) Greater than or equal toonethousand (1,000) but less than threethousand (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 onethousand (1,000) tons peryear not to exceed seveanineteen thousand fi.ve two hundred.filly dollars ($1-12,f,SOO); (3 3Q (H)

## LJ(5) Greater than or equal totwo 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) Lessthan two hundred (200) tons peryearnot 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 thepresumpti'IJe miHiml:lHl established b]t 40 CPR Part 70, aAY shOTttall shall be eJi:pended from the ldabe air quality permittiHg fi:md asAeGeSsafY 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 offees assessed by the Departmentunder Subsection 389.06.a is less than one million one hundred thousand dollars ($1.100,000). the difference shall be paid bytheregistrants towhich Section 388 applies. 

## L-.J

a. The shortfal1 willbe calculated as follows:

1. Dividing the amount ofthe shortfall by the total tons ofpollutants 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 ofthe year and shall pay by October I of the year a supplemental fee to make up any shortfall ofthe one million one hundred thousand dollars ($1,100,000) in the amount of the tons of emissions registered for that facility in the previous calendaryear mUltiplied by theper-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 curieper year ($5/curielyear) shall be paid by .feJ:..faciJities regulated under40 CFRPart 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. Theregistration fee maybepaid as provided in Section 397.

## ~.-e,.('e"J f!4- 't.J'...l

## e~f&n".>c" 1'1"'1

## ~,..e.1 +l-- 

### »efa..,-l-ntenT b

# 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 tomake 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)'tothe Dt:partrnent an annual registration fee asrequired by**Su9s~ections** 389.Qe aBd 389.(}7. The Department shall determinethe fee based on the information supplied by theregistrant and the Department's analysis ofinformation available. &lui eagifleeriBg and teehnieal praetiee. In the event ofa failure ofa facility to submitpertinentregistration information, the Department may calculatethe fee and shall assess thefacility the fee and the cost ofcalculating the fee.-+he. DepartFHeat may empIe;'pri¥ate eOfltraeters to determiBe theregistratiOfl fee.**~** 392. REGISTRATION BY THE DEPARTMENTFEE ASSESSMENT. UpOA reeeh<ing registratiOfl materials fi"om a fiteility, the DepartrAeat shaH: No later than May 25,2003, and each May 15 thereafter, theDepartment shan send to each registrant to which Sections 387 through 397 apply, by certified mail, an assessment ofthe annual fee payable bythe registrant.**~** 01. Cemplett¥less Review. Review thematerial-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 theregistraBt, B)' eertifiea mail, an assessmeat orthe fee aBe a receipt shewmgthe amount efpaymentreeei'lea

## s,' the Depa:rtmeat. (5 1 94) 393. PAYMENT DYE OFTIER I REGISTRATION FEE. 01. AuuBel RegistFetiou Paymeuts. Paymeat

## s,' May 1 oreach year ofat least fifty pereeat**(500~** of the aF...a\lai registrati9Fl fee fer the fello'li...ag twel

....e (12) mOflilis, theBahmee ofthe fee te

### Be pais 9y Al:lgl:Ist 1. (5 I 94) 01. FeePayment Date. Theregistration fee shall be paid to and received by the**Department~** no later than July 1 ofeach year. Checks shall bemadepayabJe 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 OFDELINQUENCY ON APPLICATIONS. No permit to construct or operate, other than those issued at the discretion ofthe Director, shall be accepted for processing, processed, or issuedbythe 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 datetheperson 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 ofAdministrativeProcedure 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 OfEavinmmeatal 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 publicnotice, as exempt from the payment ofregistration fees; and (5-1-94) b. Countrygrain 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 bythe Department, after publicnotice, as exempt from registration and the payment ofregistration fees; (3-19-99)

p b. Confined animal 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 andpayingregistration 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 ofone hundred (100) tons. (4-5-00)

### 3991. LUMP SUM PAYMENTS OFREGISTRATION 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. Theminimum 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 ofSection 

### 389. All other provisions ofSection.§ 

### 3891 through 

### 397 shallremain 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 OFDOCKET NO. 58-0101-0203 387. REGISTRATION AND REGISTRATION FEES. Thepurpose ofSections 387 through 

### 399Zis to establish eriteria set forth the requirements for the annual registration ofemissiolls Tier I sources, and the annual assessment and payment offees fuF to supPOrt the Tier I permitstingprogram. The fee strueh:Ire is to provide tleKibility aBd finaBeial stability to theDepartmeRt pregmm.**~** 388. APPLICABILITY. 01. Applicability. In aBy giVeR year, Sections 387through 

### 399Z shall apply to all major fucilities, as defined in Section 008, including fucilities that obtained air qualitypermits 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 andrequest deferral from the Tier I operating permit program under Subsection 301.02.b.iv. andthereby not pay Tier I fees. On orbefore such time as those deferred sources are required to submit a Tier 1operating permit application, the Department shall reconsider Sections 387 through 397to 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 anyportion ofthe previous calendaryear for which Sections 387 through 

### 399Zappliesy shall, byMay 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 MayApril I thereafter register with the Department and submit the following information as specifiedin 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. Thename, address and telephone numbers ofthe owners and operators; (5-1-94) 03. Facility Emission Units. The number andtype ofemission units present at the fucility orthe Tier I permit number for the fucility; and**~** 04. PollutantRegistration. 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 ofsulfur (SOx), oxides of nitrogen (NOx), particulatematter (PM), and volatile organic compounds (VOC) based on one (1) ormore ofthe 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 emissionsbased 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, orjudicial order will be allowed. (5-1-94) 06. Regulated Air Pollutant Registration Fee. Theregistration fee set out in Subsection 389.06 shall be reviewed at least everytwo (2) years to assure the funds meet thepresumptive minimum as defined by EPA. The annual registration fee set forth in**~ection 389~**  ma:y shall be paid asprovided in Section 393-in Iwe (2) il'lStel:lments 6lSp.ve-videdin Suhsectien 393.01. Fees.fe)'PerFII;t medijieetieftS erpermit,"-enewel:s in Suhseefien 389.06.6. 

### shanhe suhmiuedwilh 

### the 6IppliefJIieH. (7, ,1 (2) 

### L-1

a. The Tier I annual fee schedule shall be as follows: (3-30-0I) 

### 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 peryear and above shall payfifty-five thousand dollars ($502:,000); (33001) (2) Four thousand five hundred (4,500) tons peryear 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 payfWeventeen thousand five hundred dollars ($IJ:z,02:00); (3 30 OJ) (5) Fivehundred (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 twohundred (200) tons peryear shall pay twothousandjWe**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 peryear notto exceed fifty-five thousand dollars ($502:,000); (3 30 (1) 

### L-1 (3) Greater than or equal to onethousand (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 onethousand (I,OOO) tons peryear 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 eightthousandfive two**hundred~** dollars**($+~,£500);** and (3 J() ()l) 

### L..J. (6) Less than two hundred (200) tons peryear not to exceed two thousand

### five seven**hundred~** dollars ($2,Z500). (3 30 0,1) b. The tee-tor-service shallbeas tollows: Sources requesting Section 300 permit modifications or renewalsL orreceivingprogram maintenanceservices, including but not limitedto site visits, response to public inquiries, modeling. responses tosite questions andopacity readings bythe Department shallf*l'Y 6/I'l edditifHWi fee-be assesseda tee tor actual time expendedandexpenses incurredby the Department in theprevious calendar year in anamount not to exceedseven thousandfive hundreddollars ($7,500) perfacilityperyearasfa tee-torservice. Fees shallho: Service shallbe conductedby qualifiedDepartment stafforcontractors. (3 30 Ol) 

### L..J. i. Permit renewal fee, ten th9l:ls9:fld dollars ($10,000); (33001) ii. Fees fur minerpermit 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 befive 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 of tees assessed by 

# - the Department under Subsection 389.06. a is less than one millionone hundredthousanddollars ($1,100,000). the ditkrence shall bepaidby the registrants to which Section 388applies. The shortfall will be calculatedasfollows: i. Dividing the amount oOhe shortfall by the total tons of pollutants registeredfor the previous calendar year byall registrants,' and 

### L--.l ii. Calculatinga per-ton tee which. when multipliedby the total tons registeredgenerates a number in the amount oftheshortfall. b. Each registrant shall then be assessedbySeptember 1 of the year andshall 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 ofemissions registered tor that facility in the previous calendaryearmultipliedbytheper-ton tee calculatedin Subsection 389.07.a. Subsection 389.07of/his rule shallapply only in statefiscal years 2004 and2005.**o+~.** Radionuclide Registration Fee.

a. A registration fee offive dollars per curieperyear ($5/curie/year) shall bepaidby 

### fo1< facilities regulated under 40 CFR Part 61, Subpart H The regisH'eltien fee 1HtifjI bepetti in Ave (2) inslellments as fN'fnidedin Subseetien 393.0!. (7 l (ll) 

### L..J. The registration tee may bepaidasprovided in Section 397.

3

## UNOFFICIAL COpy

390. REQUEST FOR INFORMATION. Any additional information, plans, specifications, evidence or documents that the Department may requireto 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 payto the Department an annual registration fee as required by**~~ections** 389.06 GIRd389.07. 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'JdIeehRiempraetiee. In the eventofa failure ofa facility to submit pertinent registration information, the Department may calculate the fee and shall assess the facility the fee and the cost ofcalculating the fee.-+he Deparlment mayempleyp"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 May25,2003, 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 bytheregistrant.**~** Cempleteoess Review. Review the material fer aeooraey and tborougRHess; (5 1 94)**~** AdditiooallofaFmatieo. Reql:lire the reeilityto 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 DYEOFTIER I REGISTRATION FEE. 

# - 01. Annual Registmtien Payments. Payment by May 1 afeaeh year ofat 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 ofeach 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 QualityTier I Registration Fees Idaho Department ofEnvironmental Qmility 1410 N. Hilton, Boise, Idaho 83706-1255 394. EFFECT OFDELINQUENCY 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 anyperson having Tier I operating permit fees delinquent in full or in part. (5 1**94)~** 395. APPEALS. Personsmay file an appeal within thirty-five**(3Q~)** days ofthe datethe person received Ihe an assessment and issued under Subsections 389.07 or392.03, 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 ofEnvironmental Quality". f7-I-02){.---1

4

## UNOFFICIAL COpy
196. AMENDINGREGISTRATJON. Regi5l1'6tiel'lS tHey he subject t6 emel'lriment

### 9I'IJ8fi:tlitienai er

### l"edueeJjees: (5 1 94) ().h DepaFtment OF OwneF OF OperatoF. By the Departmeat, eF atthe Feql:lest ofthe ovmer eF operator, shoold theDepartmest determise that the emissioos afld fees do flot aeew=ately reHeat the operatioo ofthe (aeility; eF! (5 

### 1 9'1)0 ()*.. Beard OfEn'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 ofregistration fees; and (5-1-94) b. Country grain eJevators. (5-1-94) 02. RegisteringAnd 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 theDepartment, 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 payingregistration 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 ofone hundred (100) tons. (4-5-00) 3991. LUMP SUM PAYMENTS OFREGISTRATION FEES. 01. Agreement. TheDepartment may, in its discretion, enter an agreementwith anyperson for the lump sum payment ofall, or any portioo ofaddition to, theregistration fees required by Section 389. (7 1**02).~** 02. Minimum Amount. The minimum amount for any lump sum agreement shall be threehundred 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