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 9810 I 


RE: 	 Certification of SIP Elements for Eight-Hour Ozone & PM2.5 NAAQS 


Under Clean Air Act 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 Ambient Air Quality Standards (NAAQS) 

requiring that states submit State Implementation Plan (SIP) "infrastructure" elements 

under Section 11O(a)0) and (2) of the Clean Air Act. On October 2, 2007, EPA issued the 

"Guidance on SIP Elements Required Under Sections II O(a)(l) and (2) for the 1997 

Eight-Hour Ozone and PM2.5 National Ambient Air Quality Standards," According to this 

guidance, if existing SIPs for ozone and particulate matter already 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, Subpart N. 

As indicated in the enclosed "Idaho Department ofEnvironmental Quality, Certification 


of State Implementation Plan Adequacy Regarding Clean Air Act Sections llO(a)(1 )and 


(2)" Idaho's SIP meets the infrastructure obligations for the eight-hour ozone and PM 2.5 


NAAQS. 


If you have any further questions or would 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 


,) ;, 
Idaho Department of Environmental Quality 

Certification of State Implementation Plan Ad.equacy 


Regarding Clean Air Act Sections 110(a)(1) and (2) 


Septem ber 15, 2008 
Certification of Idaho State Implementation Plan Adequacy 


Regarding Clean Air Act Sections 110(a)(1) and (2) 


The purpose ofthis document is to provide the Environmental Protection Agency 

(EPA) with cel1ification that the Idaho State Implementation Plan (SIP) for air quality 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 of EPA's Air Quality Policy Division. 

As discussed in the Harnett memo, on July 18, 1997, EPA promulgated new and 

revised National Ambient Air Quality Standards (NAAQS) for ozone and particulate matter 

(PM). For ozone, EPA revised the NAAQS to provide an eight-hour averaging period (versus a 

one-hour averaging period for the preexisting NAAQS), and set the level of the standard at 0.08 

ppm (versus 0.12 ppm for the preexisting NAAQS). For PM, EPA promulgated a new 24-hour 

and a new annual NAAQS for PM2.5 (particles with an aerodynamic diameter less than or equal 

to a nominal 2.5 micrometers). Under Sections 11 O(a)(1) and (2) ofthe CAA, all states are 

requi!'ed to submit plans (SIP) to provide for the implementation, maintenance, and enforcement 

of the 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 modeling to assure 

attainment and maintenance of the standards. By statute, SIPs meeting the requirements of 

sections 11 O(a)( 1) and (2) are to be submitted by states within three years after promulgation of a 

new or revised standard. This being the case, states were required to submit such SIPs for the 

1997 standards to EPA no later than July 2000. However, intervening litigation over the 1997 

eight-hour ozone and PM2.5 NAAQS created uncertainty about how to proceed and, to date, 

states have not submitted SIPs to meet the basic or infrastructure requirements enumerated in 

Sections IIO(a)(I) and (2). 

The Idaho Department of Environmental Quality (DEQ) is submitting this 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 these requirements. 

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 

Health Act, Idaho Code Section 39-101 and the Rules for the Control ofAir Pollution, IDAPA 

58.01.01. 

In order to address all requirements in Sections 11O(a)(I) and (2), Idaho submitted to 

EPA on January 23, 2007 a Revision to the Idaho State Implementation Plan, addressing the 

Interstate Air Pollution Transport Requirements of Clean 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 of emissions 

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rights), as well as schedules and timetables tor compliance as may be necessary or appropriate to 

meet the applicable requirements of this Act 

Idaho Requirement: 

Idaho's air quality laws are located in the Idaho Environmental Protection and Health Act 

(EPRA) at Idaho Code Sections 39-101 through 39-130 and the 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 power to supervise and administer a system to safeguard air quality. 

Idaho Code Section 39-115 provides specific authority for the issuance of air quality 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 quality permit, except for a few listed sources, include 

sources that have the potential to emit less than 10% of the significant emission rates. IDAPA 

58.01.01.221.01. To obtain a permit to construct or a 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 of ambient concentrations are based on air quality models, data bases and 

other requirements specified in 40 CFR 51, 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 

by reference of all national ambient air quality standards, and updates to Appendix W. IDAPA 

58.01.01.401.03 provides DEQ with the authority to require a Tier II permit ifit determines 

emission rate reductions are necessary to attain or maintain any ambient air quality standard or 

applicable prevention ofsignificant deterioration (PSD) increments. IDAPA 58.01.01.107.03.a 

and b. Specific requirements for major sources in attainment or unclassifiable areas are listed in 

IDAPA 58. 202,205 and 209. Specific requirements tor major sources in nonattainment areas 

are listed in 58.01.01.202, 204 and 209. It should be noted 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 1.1 65(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 of appropriate devices, methods, systems, and 

procedures necessary to monitor, compile and analyze data on ambient air quality, and upon 

request make such data 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 CFR Part 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 CFR Part 50, 53 for defining ambient air monitoring 

methods 

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The above sections of the Idaho Administrative Code give Idaho authority to implement ambient 

air monitoring surveillance systems in accordance with the requirements of referenced sections 

of the Clean Air Act. DEQ collects and reports to EPA ambient air quality data for PM2.5, PMIO, 

N02, CO, 03, and S02. These data are reviewed, verified and validated prior to being submitted 

to EPA's Air Quality System, or AQS, no later than 90 days from the end of the calendar quru1er 

from which the data was collected. On July 1 of each year, the previous year's ambient air 

monitoring data is "certified" by the Air Division Administrator as being true, accurate and 

complete. 

§110(a)(2)(C) 

SIP Requirement: 

Include a program to provide for the enforcement of measures described in subparagraph (A) and 

regulation ofthe modification and construction of any 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. 

Idaho Requirement: 

Idaho Code Section 39-108 provides DEQ with the authority to enforce both administratively 

and civilly the EPHA, or any rule, permit or order promulgated pursuant to the EPHA. Criminal 

enforcement is authorized at Idaho Code Section 39~109. Emergency order authority, similar to 

that under Section 303 of the Clean Air Act, 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 of this title, any source or other type of 

emissions activity within the state from emitting any air pollutant in runounts which 

will 

(I) 	 Contribute significantly to nonattainment in or interfere with maintenance by, 

any other state with respect to any such national primary or secondary ambient 

air quality standard or 

(II) 	 Interfere with measures required to be included in the applicable 

implementation plan for any other state under part C to prevent significant 

deterioration of air quality or to protect visibility; 

Idaho Requirement: 

Idaho submitted an Interstate Transport State Implementation Plan to EPA on January 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) 

SIP Requirement: 

Provide 

(i) 	 necessary assurances that the state (or except where the Administrator deems 

inappropriate, the general purpose local government or governments, or a regional 

agency designated by the state or general purpose local governments for such 

purpose) will have adequate personnel, funding, and authority under state (and, as 

appropriate, local) law to canoy out such implementation plan (and is not prohibited 

by any provision offederal or state law from carrying out such implementation plan 

or portion 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 of any plan provision, the state has 

responsibility for ensuring adequate implementation of such 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 Director the authority to hire personnel to canoy out duties of the 

department. 

§110(a)(2)(E)(ii) 

The Board of Environrnental 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 ofa central office and six regional offices. This 

submittal includes only those statutes and rules applicable statewide. 

§11 0(a)(2)(E)(iii) 

For certain nonattainment plans, DEQ has entered into agreements for local implementation and 

enforcement of measures 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 of the requirement to 

control fugitive dust, IDAPA 58.01.01.650-651. If a resident failed to comply with a woodstove 

ordinance, then DEQ could issue the resident a Tier II permit and enforce the ordinance tenns 

then included in the pennit. 

5 
Ii11O(a)(2 )(F) 

SIP Requirement: 

Require, as may be prescribed by the Administrator 

(i) 	 the installation, maintenance, and replacement of equipment, and the implementation 

ofother necessary steps by owners or operators of stationary sources to monitor 

emissions from such sources; 

(ii) 	 periodic reports on the nature and amounts of emissions and emissions-related data 

from such sources; and 

(iii) 	 correlation of such 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 quality permits 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 of the Clean Air Act 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) 

SIP Requirement: 

Provide for revision of such plan 

(i) 	 from time to time as may be necessary to take account of revisions ofsuch national 

primary or secondary ambient air quality standard or the availability of improved or 

more expeditious methods of attaining such standard; and 

(ii) 	 except as provided in paragraph (3)(C), wherever the Administrator finds on the basis 

of information available to the Administrator that the plan is substantially inadequate 

to attain the national ambient air quality standard which it implements, or to 

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 11 O(a) (2) (A), above. 

6 
§110(a)(2)(I) 

SIP Requirement: 

In the case of a plan or plan revision for an area designated as a nonattainment area, meet the 

applicable requirements of part D (relating to nonattainment areas); 

Idaho Requirement: 

See discussion directly above and note IDAPA 58.01.01.204 relating to Subpart D permit 

requirements. 

§110(a)(2)(J) 

SIP Requirement: 

Meet the applicable requirements of Section 121 (relating to consultation); 

Meet the applicable requirements of Section 127 (relating to public notification); 

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 with the 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 permitting program 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 of predicting the efiect on ambient air quality of any emissions of any air 

pollutant for which the Administrator has established a national ambient air quality 

standard, and 

(ii) 	 the submission, upon request, of data related to such air quality modeling to the 


Administrator. 


Idaho Requirement: 

Air quality modeling is conducted during development of revisions 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 11 0(a)(2)(A) above. Estimates of 

7 
ambient concentrations are based on air quality models, data bases and other requirements 

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 owner or operator of each major stationary source to pay to the permitting authority, 

as a condition of any permit required under this Act, a fee sufficient to cover 

(i) 	 the reasonable costs of reviewing and acting upon any application for such a permit; 

and 

(ii) 	 if the owner or operator receives a permit for such source, the reasonable costs of 

implementing and enforcing the terms and conditions of any such permit (not including 

any court costs or other costs associated with any enforcement action) 

until such fee requirement is superseded with respect to such sources by the 

Administrator's approval of a 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 of and enforcement until a fee requirement is superseded 

with respect to such sources by the Administrator's approval of a fee program under Title V. 

EPA approved Idaho's Title V program on October 4,2001 (66 FR 50574) with an effective 

date of November 5, 2001. EPA regularly reviews DEQ's Title V fee program to determine if the 

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 programs and 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 of developing SIP revisions. The requirements for plan preparation and public process 

includes 40 CFR 51 incorporated by reference under IDAPA 58.01.01.1 07.03.a. Also see 

discussion under 11 O(a) (2) (1), above. 

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