STATE OF IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY

1410 North Hillon. Boise, Idaho 83706' (208) 373-0502 C.L "Butch" Oller, Governor Toni Hardesty, Director September 15,2008

Elin D. Miller, Regional Administrator USEPA, Region 10 Mail Code RA-140 1200 Sixth Avenue Seattle, W A 9810I

RE: Certification ofSIP Elements for Eight-Hour Ozone & PM2 .5 NAAQS Under Clean AirAct Sections 11O(a)(l)-(2)

Dear Ms. Miller:

In 1997, the United States Environmental Protection Agency (EPA) promulgated new eight-hour ozone and PM 2.5 National AmbientAir Quality Standards (NAAQS) requiring that states submit State Implementation Plan (SIP) "infrastructure" elements under Section 11O(a)0) and (2) ofthe Clean Air Act. On October 2, 2007, EPA issued the "Guidance on SIP Elements Required Under Sections IIO(a)(l) and (2) for the 1997 Eight-Hour Ozone and PM2 .5 National Ambient Air Quality Standards," According to this guidance, ifexisting SIPs for ozone and particulate matteralready meet the infrastructure element requirements, states may certify that their SIPs meet the requirements instead of submitting a revised SIP for the eight-hour ozone & PM2.5 NAAQS. Idaho's SIP is codified in 40 CFR Part 52, SubpartN.

As indicated in the enclosed "Idaho Department ofEnvironmental Quality, Certification ofState Implementation Plan Adequacy Regarding Clean AirAct Sections llO(a)(1)and (2)" Idaho's SIP meets the infrastructure obligations for the eight-hour ozone and PM 2.5 NAAQS.

Ifyou have any further questions orwould like additional infomlation, please contact Mike Edwards at (208) 373-0438. Sincerely, 

# /,\':;

# ,,'
Toni Hardesty Director

cc: Martin Bauer, Air Quality Administrator Mike Edwards, DEQ, Mobile and Area Source Program

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### Idaho Department of Environmental Quality



# Certification of State Implementation Plan Ad.equacy

Regarding Clean AirAct Sections 110(a)(1) and (2)

September 15, 2008

## Certification of Idaho State Implementation Plan Adequacy Regarding Clean AirAct Sections 110(a)(1) and (2)

The purpose ofthis document is to provide the Environmental Protection Agency (EPA) with cel1ification that the Idaho State ImplementationPlan (SIP) for airquality adequately meets the "infrastructure" requirements of7401 U.S.C. §211O(a)(1) and (2), Sections 11O(a)(I) and (2) ofthe Clean Air Act. This certification was requested in an October 2,2007, EPA memo from William Harnett, Director ofEPA's Air QualityPolicy Division.

As discussed in the Harnett memo, onJuly 18, 1997, EPA promulgated newand revised National AmbientAirQuality Standards (NAAQS) for ozone and particulate matter (PM). For ozone, EPA revised the NAAQS to provide aneight-hour averaging period (versus a one-hour averagingperiod for the preexisting NAAQS), and set the level ofthe standard at 0.08 ppm (versus 0.12 ppm for the preexistingNAAQS). For PM, EPA promulgated a new 24-hour and a new annual NAAQS for PM2.5 (particles with an aerodynamic diameter less than orequal to a nominal 2.5 micrometers). Under Sections 11O(a)(1) and (2) ofthe CAA, all states are requi!'ed to submit plans (SIP) to provide for the implementation, maintenance, and enforcement ofthe eight-hour ozone and PM2

.5 standards. Sections 110(a)(l) and (2) require states to address basic SIP requirements, including emissions inventories, monitoring, and modelingto assure attainment and maintenance ofthe standards. By statute, SIPs meetingthe requirements of sections 11O(a)(1) and (2) are to be submitted by states within three years afterpromulgation ofa new orrevised standard. This beingthe case, states were required to submit such SIPs for the 1997 standards to EPA no later than July2000. However, intervening litigation overthe 1997 eight-hourozone and PM2.5 NAAQS created uncertainty about how to proceed and, to date, states have not submitted SIPsto meet the basic or infrastructure requirements enumerated in Sections IIO(a)(I) and (2).

The Idaho Department ofEnvironmental Quality (DEQ) is submittingthis document to certify that its SIP already meets the Section 11O(a){l) and (2) requirements. The Idaho SIP, approved
on September 6, 1972 and numerous subsequent revisions, explicitly fulfilled theserequirements. Several SIP revisions are still pending at EPA. As detailed below, the Section 11O(a)(2)**requirem~nts** are fulfilled by referencing sections from Idaho's Environmental Protection and HealthAct, Idaho Code Section 39-101 and the Rules for the Control ofAirPollution, IDAPA 58.01.01

.
In orderto address all requirements in Sections 11O(a)(I) and (2), Idaho submitted to EPA onJanuary 23, 2007 a Revision to the Idaho State Implementation Plan, addressing the Interstate AirPollution Transport Requirements ofClean Air Act Section 110(a)(2)(D)(i). 

### §1l0(a)(2)(A)
SIP Requirement: Include enforceable emission limitations and other control measures, means, or techniques

.(including economic incentives such as fees, marketable pennits, and auctions ofemissions

2rights), as well as schedules and timetables tor compliance as may be necessary or appropriate to meet the applicable requirements ofthis Act

Idaho Requirement: Idaho's airquality laws are located in the Idaho Environmental Protection and Health Act (EPRA) at Idaho Code Sections 39-101 through 39-130 andthe Rules ofthe Control ofAi r Pollution in Idaho (Rules) at IDAPA 58.01.01. Idaho Code Section 39-105(3)(d) provides DEQ with the broad powerto supervise and administer a system to safeguard airquality.

Idaho Code Section 39-115 provides specific authority for the issuance ofairquality permits. Rules relating to air quality permits are found at IDAPA 58.01.01.200 through 228,300 through 399 and 400 through 410. Each ofthese permit programs have associated fees. Sources exempt from the requirement to obtain an air qualitypermit, except for a few listed sources, include
sources that have the potential to emit less than 10% ofthe significant emission rates. IDAPA 58.01.01.221.01

. To obtain a permit to construct ora Tier 11 operating permit, the applicant must demonstrate to the satisfaction ofDEQ that the source will not cause or significantly contribute to a violation ofany ambient air quality standard. IDAPA 58.01.01. 203.02 and 403.02. Estimates ofambient concentrations are based on airquality models, databases and otherrequirements specified in40 CFR51, Appendix W (Guideline on Air Quality Models). IDAPA 58.01.01.202.02 and 402.03. DEQ annually updates and refers to EPA for incorporation byreference ofall national ambient air quality standards, and updates to Appendix W. IDAPA 58.01.01.401.03 provides DEQ withthe authority to require a Tier II permit ifitdetermines emission rate reductions are necessary to attain or maintain any ambient air quality standard or applicableprevention ofsignificant deterioration (PSD) increments. IDAPA 58.01.01.107.03.a and b. Specific requirements for major sources in attainment orunclassifiable areas are listed in IDAPA 58. 202,205 and 209. Specific requirements tormajor sources in nonattainment areas are listed in 58.01.01.202, 204 and 209. It should benoted that a cite in the table to Section 204 has been administratively corrected pursuant to Idaho Code Section 67-5202(2). The cite was changed from 40 CFR 51.165(a)(2)(ii)(A)

- (1) to 40 CFR 5 

### 1.165(a)(2)(ii)

- 51.165(a)(3). Federal New Source Review (NSR) requirements are incorporated in both IDAPA 58.01.01.204 and 205. 

### §110(a)(2)(B) SIP Requirement: Provide for establishment and operation ofappropriate devices, methods, systems, and procedures necessary to monitor, compile and analyze data on ambient airquality, and upon request make suchdata available to the Administrator.

Idaho Requirement: IDAPA 58.01.01.l07.3b Incorporates 40 CFR Part 50 into IDAPA IDAPA 58.01.01.107.3e Incorporates 40 CFRPart 53 into IDAPA IDAPA 58.01.01J07.3f Incorporates 40 CFR Part 58, Appendix B into IDAPA IDAPA 58.01.01.576.05 Incorporates 40 CFRPart 50, 53 for defining ambient airmonitoring methods

3The above sections ofthe Idaho Administrative Code give Idaho authority to implement ambient airmonitoring surveillance systems in accordance with the requirements ofreferenced sections ofthe Clean Air Act. DEQ collects and reports to EPAambient air quality data for PM2.5, PMIO, N02, CO, 

### 03, and S02. These data are reviewed, verified and validated priorto being submitted to EPA'sAir Quality System, orAQS, no later than 90 days from the end ofthe calendarquru1er from which the data was collected. OnJuly 1ofeachyear, the previous year's ambient air monitoring data is "certified" by the AirDivision Administrator as being true, accurate and complete. 

### §110(a)(2)(C) SIP Requirement: Include a program to provide for the enforcement ofmeasures described in subparagraph (A) and regulation ofthe modification and construction ofany stationary source with the areas covered by the plan as necessary to assure the national ambient air quality standards are achieved, including a permit program as required in parts C and D.

IdahoRequirement: Idaho Code Section 39-108 provides DEQ with the authority to enforce both administratively and civilly the EPHA, or any rule, permit ororder promulgatedpursuant to the EPHA. Criminal enforcement is authorized at Idaho Code Section**39~109.** Emergency orderauthority, similarto that under Section 303 ofthe Clean AirAct, is located at Idaho Code Section**39~** 112. In regard to requiring stationary source compliance with the NAAQS. See discussion under Section llO(a)(2)(A), above. 

### §110(a)(2)(D) SIP Requirement: Contain adequate provisions (i) prohibiting, consistent with the provisions ofthis title, any source orothertype of emissions activity within the state from emitting any air pollutant in runounts which will (I) Contribute significantlyto nonattainment in or interfere with maintenance by, any other state with respect to any such national primary or secondary ambient airquality standard or (II) Interfere with measures required to be included in the applicable implementationplan for any other state under part C to prevent significant deterioration ofairquality orto protect visibility;

Idaho Requirement: Idaho submitted an InterstateTransport State Implementation Plan to EPAonJanuary 23, 2007. Idaho's Interstate Transport SIP was included in the June 26, 2007 Federal Register 35015 for approval and comments.

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### §110(a)(2)(E) SIPRequirement: Provide 

### (i) necessary assurances that the state (orexcept where the Administratordeems inappropriate, the general purpose local government orgovernments, or a regional agency designated bythe state orgeneral purpose local governments for such purpose) will have adequate personnel, funding, and authority under state (and, as appropriate, local) lawto canoy out such implementation plan (and is not prohibited by anyprovision offederal or state law from carrying out such implementationplan
orportion thereof); (ii) requirements that the state comply with the requirements respecting state boards under section 128, and (iii) necessary assurances that where the state has relied on local or regional government, agency, or instrumentality for the implementation ofany plan provision, the state has responsibility for ensuring adequate implementation ofsuch plan provision.

Idaho Requirement: §110(a)(2)(E){i)

The state ofIdaho has adequate personnel funding and authority to carry out its SIP. Idaho Code Section 39·106 gives the DEQ Directorthe authority to hire personnel to canoy out duties ofthe department. §110(a)(2)(E)(ii)

The Board ofEnvironrnental Quality, established pursuant to Idaho Code Section 39·107, meets the requirements under Section 128. See also, The Ethics in Government Act of 1990, Idaho Code Section 59-107, et seq. DEQ is comprised ofacentral office and six regional offices. This submittal includes only those statutes and rules applicable statewide. 

### §110(a)(2)(E)(iii)

For certain nonattainmentplans, DEQ has entered into agreements for local implementation and enforcement ofmeasures such as woodstove and street sweeping ordinances. When DEQ relies
on local enforcement, it also is able to enforce the local ordinance under its own authorities. For instance, failure to street sweep when required may constitute a violation ofthe requirement to control fugitive dust, IDAPA 58.01.01.650-651. Ifa resident failed to comply with a woodstove ordinance, then DEQ could issue the resident a Tier II permit and enforce the ordinancetenns then included in the pennit.

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## Ii11O(a

### )(2)(F) SIP Requirement: Require, as maybe prescribed by the Administrator (i) the installation, maintenance, and replacement ofequipment, and the implementation ofothernecessary steps by owners oroperators ofstationary sources to monitor emissions from such sources; 

### (ii) periodic reports onthe nature and amounts ofemissions and emissions-related data from such sources; and (iii) correlation ofsuch reports by the state agency with any emission limitations or standards established pursuant to this Act, which reports shall be available at reasonable times for public inspection.



### Idaho Requirement: DEQ's air qualitypermits are practically enforceable and contain requirements to (i) install, maintain and replace equipment, (ii) monitor emissions, and 

### (iii) submit reports. See IDAPA permit sections listed above and IDAPA 58.01.01.157 regarding source tests. Information order authority is located at IDAPA 58.01.01.122 and records are available for public inspection under Idaho's Public Records Act. See Idaho Code**Section~9-342(A)** and IDAPA 58.01.21. 

### §110(a)(2)(G) SIP Requirement: Provide for authority comparable to that in Section 303 and adequate contingency plans to implement such authority;



### Idaho Requirement: Emergency Order authority comparable to Section 303 ofthe Clean AirAct is located at Idaho Code Section 39-112. IDAPA 58.01.01.550 through 562 include Idaho's Air Pollution Emergency Rules, which will be updated as soon as the federal guidelines are updated. 

### §110(a)(2)(H) SIPRequirement: Provide for revision ofsuch plan (i) from time totime as may be necessary to take account ofrevisions ofsuch national primary or secondary ambient airquality standard orthe availabilityofimproved or more expeditious methods ofattaining such standard; and 

### (ii) except as provided in paragraph (3)(C), wherever the Administratorfinds onthe basis ofinformation available to the Administrator that the plan is substantially inadequate to attain the national ambient air quality standard which it implements, orto otherwise comply with any additional requirements established under this Act;


### Idaho Requirement: Idaho Code Section 39-105(3)(d) provides DEQ with the broad authority to revise rules, in accordance with IDAPA 58.01.23.808 through 860, to meet national ambient air quality standards as incorporated by reference in IDAPA 58.01.01.107. See also permitting program described in Section 11O(a) (2) (A), above.

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### §110(a)(2)(I) SIP Requirement: In the case ofa plan orplan revision for an area designated as a nonattainment area, meet the applicable requirements ofpart D (relating to nonattainment areas);



### Idaho Requirement: See discussion directly above and note IDAPA 58.01.01.204 relating to SubpartD permit requirements. 

### §110(a)(2)(J) SIP Requirement: Meet the applicable requirements ofSection 121 (relating to consultation);

Meetthe applicable requirements ofSection 127 (relating to publicnotification);

Meet the applicable requirements ofpart C (relating to prevention ofsignificant deterioration of air quality and visibility protection).



### Idaho Requirement: DEQ has an established public pal1icipation process for all SIP revisions and permitting programs. See IDAPA 58.01.01.209, and 404. DEQ consults with other state agencies, local agencies and nongovernmental organizations, as well as withthe environmental agencies of other states regarding air quality issues. DEQ is given authority to enter into agreements with local govenunents under Idaho Code Section 39-129. Outreach with local governments is promoted under Idaho Code Section 39-105.03(c). See also IDAPA 58.01.01.563 through 574 regarding transp0l1ation conformity and IDAPA 58.01.23.800 through 860 regarding rulemaking. Generally speaking, DEQ incorporates by reference the federal prevention of significant deterioration and nonattainment new source review programs. See IDAPA 58.01.01.200 through 223, and specifically, 204 and 205. Visibility requirements are included in the permittingprogram at IDAPA 58.01.01.202.01.b.v and c.vi and, generally at IDAPA 58.01.01.625. 

### §11O(a )(2)(K) SIP Requirement: Provide for:

(i) the performance ofsuch air quality modeling as the Administrator may prescribe for the purpose ofpredicting the efiect on ambient air quality ofany emissions ofany air pollutant for which the Administrator has established a national ambient air quality standard, and (ii) the submission, upon request, ofdata related to such air quality modeling to the Administrator.



### Idaho Requirement: Airquality modeling is conducted during development ofrevisions to the SIP, as appropriate for the state to demonstrate attainment with required air quality standards. Modeling is also addressed in the permitting process see discussion at Section 110(a)(2)(A) above. Estimates of

7ambient concentrations are based on air quality models, data bases and otherrequirements specified in 40 CFR 51, Appendix W (Guideline on Air Quality Models) and incorporated by reference under IDAPA 58.01.0J.107.03.a 

### §110(a)(2)(L) SIP Requirement: require the owneroroperator ofeach major stationary source to payto the permitting authority,
as a condition ofany permit required under this Act, a fee sufficient to cover

(i) the reasonable costs ofreviewing and acting upon any application for such apermit; and 

### (ii) ifthe owner or operatorreceives a permit for such source, the reasonable costs of implementing and enforcing the terms and conditions ofany such permit (not including any court costs or othercosts associated with any enforcement action) until such fee requirement is superseded with respect to such sources by the Administrator's approval ofa fee program under Title V.



### Idaho Requirement: Section llO(a)(2)(L) owners and operators**~fmajor** stationary sources are required to pay for the permitting authority reasonable costs ofand enforcement until a fee requirement is superseded with respect to such sources by the Administrator's approval ofa fee program underTitle V. EPA approved Idaho's Title V program on October4,2001 (66 FR50574) with an effective date ofNovember 5, 2001. EPA regularly reviews DEQ'sTitle V fee programto determine ifthe fee structure is adequate to pay for the program and assure the funding is only going toward Title V implementation

.. IDAPA 58.01.01.387 through 397 covers Title V programsand fees. 

### §110(a)(2)(M) SIP Requirement: Provide for consultation and participation by local political subdivisions affected by the plan.



### Idaho Requirement: Consultation with a variety ofdifferent state and local organizations is a regular part ofDEQ's process ofdeveloping SIPrevisions. The requirements for planpreparation and publicprocess includes 40 CFR 51 incorporated by reference under IDAPA 58.01.01.107.03.a. Also see discussion under 11O(a) (2) (1), above.

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