- STATE OF IDAHO 

DEPARTMENT OF 

ENVIRONMENTAL QUALITY 

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

Toni Hardesty, Director 

July 13, 2005 

Ron Kreizenbeck 

Regional Administrator 

U.S. EPA, Region 10 

1200 Sixth Avenue 

Seattle, WA 98101 

Re: State Implementation Plan Rule Revisions: rerItA i f .f0 COY! 5/ 1 v (.-/- E'/ c: >VI? ..f '-o/l r 

Dear Mr. Kreizenbeck: 

Enclosed for your review and approval are an Original and four copies of revisions to the 

Department of Environmental Quality's (DEQ) Rules for the Control of Air Pollution in Idaho, 

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

following revisions as an update to the contents of the Idaho State Implementation Plan (SIP), 

40 CFR, Part 52, Subpart N: 

IDAPA Docket 58-0101-0304 - New Source Review 

IDAPA Docket 58-0101-0401 - Permit to Construct Exemptions 

IDAPA Docket 58-0101-0402 -Annual Incorporation by Reference (2004) 

These revisions to the state rules were promulgated pursuant to the Environmental Protection 

and Health Act, Idaho Code, Sections 39-101 through 39-130. Review and approval by a DEQ 

Deputy Attorney General was obtained at appropriate times throughout the rulemaking process. 

Rule adoption was made in accordance with the requirements of the federal Clean Air Act and 

applicable federal regulations. None of the revisions included in this submittal reflect a reduction 

in emission limits. 

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

22, 2003 and April 2, 2004 for inclusion in the Idaho SIP. We understand these documents will 

be reviewed by your staff in the future. We mention these dockets here only for purposes of 

ensuring previous submittals do not slip from the SIP priority list. 

Docket 58-0101-0102 - Soil Vapor Extraction 

Docket 58-0101-0103 - (a) HospitaVMedicalllnfectious Waste Incinerators, and 

(b) Annual Incorporation by Reference (2001) 

Docket 58-0101-0002 - Nonmetallic Mineral Processing 

Docket 58-0101-0202 - (a) Permitting Clarification, and (b) Annual Incorporation by 

Reference (2002) 

Docket 58-0101-0301 -Annual Incorporation by Reference (2003) 
John Kreizenbeck. U.S. EPA 

July 13, 2005 

Page 2 

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

Air Quality Division Administrator, at 208-373-0440. Mr. Bauer and his staff are available to 

provide assistance to ensure Idaho's SIP is updated as soon as possible. 

Sincerely, 

/t~'----- Toni Hardesty 

Director 

THlph 

Enclosures 

c: Martin Bauer, DEQ 
STATE OF IDAHO 

DEPARTMENT OF 

ENVIRONMENTAL QUALITY 

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

Toni Hardesty. Director 

AMENDMENT TO THE RULES FOR THE CONTROL OF 

AIR POLLUTION IN IDAHO 

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

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

IDAPA 58.01.01, as edited in the attachments. as a revision to Appendix A3 of the 

Implementation Plan for the Control ofAir 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 13'" day of July, 2005. 

Toni Hardesty 

Director 
IV'. ,+\ A' 'Prop 05 AI 


-
IDAPA 58 .. DEPARTMENT OF ENVIRONMENTAL QUALITY 

58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO 

DOCKET NO. 58-0101-0401 

NOTICE OF RULEMAKING - PROPOSED RULE 

AUTHORITY: In compliance with Section 67-5221(1), Idaho Code, notice is hereby given that this agency has 

proposed rulemaking. The action is authorized by Sections 39-105 and 39-107, Idaho Code. 

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

October 4, 1004,4 p.m. 

Department ofEnvironmental Quality, Conference Room B 

1410 N. HUton, Boise, ldabo 

The hearing sitc(s) will be accessible to persons with disabilities. Requests for accommodation must be made no later 

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

DESCRIPTIVE SUMMARY: The Department of Environmental Quality (DEQ) announced this negotiated 

rulemaking in the March 3: 2004 issue of the Idaho Administrative Bulletin to review, and revise as necessary, the 

structure and efficiency of the air quality permitting rules to modernize, update, and clarify appropriate portions. 

Since this rulemaking has the potential to be a very lengthy process, the negotiating committee anticipates submitting 

several proposed rule dockets in order to accomplish its rulemaking objectives. The proposed rule being submitted 

under this docket is the flI'St ofthese proposed rules. 

This proposed rule removes certain criteria for permit to construct exemptions to align those provisions with 

Environmental Protection Agency statements. 

The proposed rule text is in legislative format. Language the agency proposes to add is underlined. Language the 

agency proposes to delete is struck out. It is these additions and deletions to which public comment should be 

addressed. 

After consideration of public comments, DEQ intends to present the final proposal to the Board of Enviromnental 

Quality in November 2004 for adoption of a pending rule. The rule is expected to be final and effective upon the 

conclusion of the 2005 session ofthe Idaho Legislature if approved by the Legislature. 

INTENT: In proposing a State Implementation Plan (SIP) approval ofldaho's permit to construct (PTC) exemption 

rules, EPA stated: 

EPA has carefully reviewed the list of categorically exempt sources and the "below regulatory concern" levels in 

Sections 221. 222.01 and 222.02 and believes that these categories and levels are consistent with what has been 

approved elsewhere for putposes of exempting de minimis sources from minor NSR requirements. As a result, 

Idaho's requirement for self-modeling as an additional exemption criteria only further narrows exemption provisions 

which would be approvable even without the modeling prov1sion. 

67 Fed. Reg. 52666. 52670 (Aug. 13,2002). In the fmal rule, EPA stated that it "did not base its approval ofthe minor 

new source review exemption provisions on this modeling requirement". 68 Fed. Reg. 2217. 2218 (Jan. 16,2003). 

As a result of EPA's statements, DEQ is proposing to remove the modeling requirement located at IDAPA 

58.01.01.220.01.a.iii. 

Although DEQ is proposing to remove the modeling requirement from the Pre exemption rules. it retains the legal 

autboritypursuant to IDAPA 58.01.01.401.03 to require a source to obtain an air quality pennit to ensure compliance 

with applicable rules, including the National Ambient Air Quality Standards (NAAQS). 

Pursuant to Section 110 of the Clean Air Act, the federal government provides States with the primary responsibility 

to establish minor air quality permitting programs to ensure the States' ambient air attains and maintains the NAAQS. 

The federal government does not prescribe how states meet the NAAQS. Thus, this State's minor pennitting program 

Idaho Admlnlstradve BuBedo Page 113 September 1,1004 - VoL 04-9 
DEPARTMENT OF ENVIRONMENTAL QUAUTY Docket No. 58-0101-0401 


Rules for the Control ofAirPollution Proposed Ru/emaklng 


is not "broader in scope or more stringent than federal law or regulations", Idaho Code § 39·1070, That said, as noted 

above, EPA did state that the exemptions would be approvable even without the modeling provision; hence, OEQ 

proposes removal oftbis provision. 

EPA noted the modeling provision was not required because the below regulatory concern levels and listed categories 

are consistent with what has been approved elsewhere for purposes ofexempting de minimis sources. OEQ does not 

intend to change the 'PrC exemption's below regulatory concern level in subsequent rule makings; however, by way of 

negotiated rulemaking, it may propose to add source categories that fit the de minimis source qualification to the 

current Section 222 list. 

IDAHO CODE SECTION 39-1070 STATEMENT: This proposed rule does not regulate an activity not regulated 

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

FEE SUMMARY: There are no fees associated with this proposed rulemaking. 

NEGOTIATED RULEMAKING: The text of the proposed rule bas been drafted based on discussions held and 

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

815. The Notice of Negotiated Rulemaking was published in the Idaho Administrative Bulletin, March 3, 2004, Vol. 

04-3, page 42. 

GENERAL INFORMATlON:For more information about OEQ's programs and activities, visit DEQ's web site at 

www.deq.state.id.us. 

ASSISTANCE ON TECHNICAL QUESTIONS AND SUBMISSION OF WRITTEN COMMENTS: For 

assistance on technical questions concerning the proposed rule. contact Martin Bauer at (208) 373-0440 or 

mbauer@deq.state.id.us. 

Anyone may submit written comments by mail, fax: or e-mail at the address below regarding this proposed 

rulemaking. OEQ will consider all written comments received by the undersigned on or before October 4, 2004. 

DATED this 28th day ofJuly. 2004. 

Paula J. Wilson 

Environmental Quality Section 

Attorney General's Office 

1410 N. Hilton, Boise, Idaho 83706-1255 

(208)373-0418/Fax: No. (208)373-0481 

pwilson@deq.state.id.us 

THE FOLLOWING IS mE TEXT OF DOCKET 58-0101..0401 

220. GENERAL EXEMPTION CRITERIA FOR PERMIT 10 CONSTRUCT EXEMPTIONS. 

01. General Exemption Criteria. Sections 220 through 223 may be used by owners or operators to 

exempt certain sources from the requirement to obtain a permit to construct. Nothing in these sections shall preclude 

an owner or operator from choosing to obtain a permit to construct. For pwposes of Sections 220 through 223, the 

term source means the equipment or activity being exempted. No permit to construct is required for a source that 

satisfies all oftbe following criteria. in addition to the critcria set forth at Sections 221, 222, or 22.3: (4-5'()()) 

Idaho Administrative BuDetin Page 114 September 1,2004 - VoL 04-9 
(

,~- DEPARTMENT OFENVIRONMENTAL QUALITY Docket No. 58-0101-D401 

Rules for the Control ofAir Pollution ProposedRu/emaklng 

a. The maximum capacity of a source to emit an air pollutant under its physical and operational 

design without consideration of limitations on emission such as air pollution control equipment, restrictions onhours 

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

i. Equal or exceed one hundred (tOO) tons per year ofany regulated air pollutant. (4-5-00) 

ii. Cause an increase in the emissions of a m;gor facility that equals or exceeds the significant 

emissions rates set out in the definition of significant at Seetion 006. (4-5-00) 

tH: CtlM.'le 8J' aitlflijiealttly e6rtlribtt:1e 18 a .,,;8laN"It tllM tIflfblM' (Ii;< ,II/M" lIffMttJarri. lMtetI "",flit tlte 

ttpJ'JlietlIJIe ait' till/ali" metlela, tiRItI ~s, tMt/"IJ.eI' l~il'elffeftt9 t>f #9 CPR fJetrt 51, Af1JJelttlht W 8ft Ail' 

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f4 j 99j 

b. Combination. The source is not part of a proposed new major facility or part of a proposed major 

modification. (4-5-00) 

01. Record Retention. Unless the source is subject to and the owner or operator complies with Section 

385, the owner or operator ofthe source. except for those sources listed in Subsections 222.02.a. through 222.02.g., 

. shall maintain documentation on site which shaH identify the exemption determined to apply to the source and verifY 

that the source qualifies for the identified exemption. The records and documentation shall be kept for a period of 

time not less than five (5) years from the date the exemption determination has been made or for the life ofthe source 

for which the exemption has been determined to apply, which ever is greater, or until such time as a permit to 

construct or an operating permit is issued which covers the operation of the source. The owner or operator shall 

submit th~ documentation to the Department upon request (4-5-00) 

(BREAK IN CONTINUITY OF SECTIONS) 

212. CATEGORY n EXEMPTION. 


No permit to construct is required for the following sources. (4-5-00) 


OJ. Exempt Source. A source that satisfies the criteria set forth in Section 220 and that is specified 

below: (4-5-00) 

a. Laboratory equipment used exclusively for chemical and physical analyses, research or education, 

including. but not limited to, ventilating and exhaust systems for laboratory hoods. To qualifY for this exemption, the 

source shall: (5-1-94) 

i. Comply with Section 223. (4-5-00) 

ii. Have potential emissions that are less than one percent (1%) of the applicable radionuc1ides 

standard in 40 CFR Part 61, Subpart H. (4-5-00) 

b. Environmental characterization activities including emplacement and operation of field 

instruments. drilling of sampling and monitoring wells, sampling activities. and environmental characterization 

activities. (4-5-00) 

c. Stationary internal combustion engines of less than or equal to six hundred (600) horsepower and 

which are fueled by natural gas, propane gas, liquefied petroleum gas, distillate fuel oils, residual fuel oils, and diesel 

fuel; waste oil, gasoline, or refined gasoline shall not be used. To qualifY for this exemption, the source must be 

operated in accordance with the following: (5-1-94) 

i. One hundred (100) horsepower or less - unlimited hours ofoperation. (5-1-94) 

Idaho Administrative Bulletin Page 215 September 1,2004. Vol. 04-9 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101·04D1 


Rules for the Control ofAir Pollu6on ProposedRulemaklng 


ii. One hundred one ( 101) to two hlUldred (200) borsepower --less than four hlUldred fifty (450) hours 

permontb. (5-1-94) 

111. Two blUldred one (201) to four hundred (400) horsepower -- less than two hundred twenty-five 

(225) hours per month. (5·1·94) 

iv. Four hundred one (401) to six hundred (600) horsepower -less than one hundred fifty (150) hours 

per month. (5-1-94) 

d. Stationary internal combustion engines used exclusively for emergency purposes which are 

operated less than two hundred (200) hours per year and are fueled by natural gas, propane gas, liquefied petroleum 

gas, distillate fuel oils, residual fuel oils, and diesel fuel; waste oil, gasoline. or refined gasoline shall not be used. 

(4-5-00) 

e. A pilot plant that uses a slip stream from an existing process stream not to exceed ten percent (10"10) 

ofthat existing process stream or which satisfies the following: (4-5-00) 

i. The source shall comply with Section 223. For carcinogen emissions, the owner or operator may 

utilize a short term adjustment factor of ten (10) by multiplying either the acceptable ambient concentration or the 

screening emissions level, but not both, by ten (10). (4-5-00) 

ii. The source shall have uncontrolled potential emissions that are less than one percent (1'Yo) of the 

applicable radionuclides standard in 40 CFR Part 61, Subpart H. (4-5-00) 

Ill. The exemption for a pilot plant shall terminate one (I) year after the commencement of operations 

and shall not be renewed, (4-5-00) 

t!l*:emflled 

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02. Other Exempt Sour~es. A source that satisfies the criteria set forth in Section 220 and that is 


specified below: (4-5-00) 


a. Air conditioning or ventilating equipment not designed to remove air pollutants generated by or 


released from equipment. (5-1-94) 


b. Air pollutant detectors or recorders, combustion controllers, or combustion shutoffs. (5-1-94) 

c. Fuel buming equipment for indirect beating and for beating and reheating furnaces using natural 


gas, propane gas, liquified petroleum gas exclusively with a capacity of less than fifty (SO) million btu's per hour 


input. (5-1-94) 


d. Other fuel burning equipment for indirect heating with a capacity of less than one million 


(1,000,000) btu's per hour input. (5-1-94) 


e. Mobile internal combustion engines, marine installations and locomotives. (5-1-94) 

f. Agricultural activities and services. (5-1-94) 

g. Retail gasoline, natural gas, propane gas, liquified petroleum gas, distillate fuel oils and diesel fuel 


sales. (5-1-94) 


h. Used Oil Fired Space Heaters which comply with aU the following requirements: 

i. The used oil fired space beater bums only used oil that the owner or operator generates on site, that 

Idaho Administrative BuUetin Pagell6 September If 1004 - Vol. 04-9 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101·0401 


Rules for the Control ofAir Pollution Proposed Rulemaklng 


is derived from households, such as used oil generated by individuals maintaining their personal vehicles, or onspecification used oil that is derived from commercial generators provided that the generator, transporter and owner 

or operator burning the oil for energy recovery comply fully with lDAPA 58.01.05.015, "Rules and Standards for 

Hazardous Waste"; (7.1~~7) 

(I) For the purposes of Subsection 222.02.h., "used oil" refers to any oil that has been refined from 

crude oil or any synthetic oil that bas been used and, as a result ofsuch use, is contaminated by physical or chemical 

impurities. (4-5~00) 

(2) For the purposes of Subsection 222.02.h., "used oil fired space heater' refers to any furnace or 

apparatus and all appurtenances thereto, designed, constructed and used for combusting used oil for energy recovery 

to directly heat an enclosed space. (4-5~00) 

ii. Any used oil burned is not contaminated by added toxic substances such as solvents, antifreeze or 

other household and industrial chemicals; (7-1-97) 

Ill. The used oil fired space heater is designed to have a maxnnum capacity of not more than one half 

(0.5) million BTU per hour; (4-5-00) 

iv. The combustion gases from the used oil t'ired space heater are vented to the ambient air through a 

stack equivalent to the type and design specified by the tnanufilcturer of the heater and installed to minimize down 

wash and maximize dispersion: and (7-1-97) 

v. The used oil flfed space heater is of modern commercial design and manufacture, except that a 

homemade used oil fired space heater may be used if, prior to the operation of the homemade unit, the owner or 

operator submits documentation to the Department demonstrating, to the satisfaction of the Department, that 

emissions from the homemade unit are no greater than those from modem commercially available units. (7-1-97) 

03. Any Other Source Specifically Exempted by the Department. A list of those sources 

unconditionally exempted by the Department will be maintained by the Department and made available upon written 

request. All sources exempted by the Department shall: (4-5-00) 

a. Be analyzed by the Department and determined to meet the requirements of Subsections 220.01.a.i. 

and 220.01.a.ii. (4-5-00) 

b. Be analyzed by the Department and determined not to cause or significantly contribute to a 

violation of any ambient air quality standard. (4-5-00) 

Idaho AdministratiVe BulleUn Page1l7 September 1, 2004 - Vol. 04-9 
"'. ) j 

MEETIlfG SIGN-Ilf SIIEBT 

Meeting Title: Permitting OariticationlEmciency RuleDlaking Meeting 


Meeting Date: 8/11104 


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CERTIFICATE OF HEARING 

SUBJECT: Rules for the Control ofAir Pollution in Idaho, Docket No. 58-0101-0401 

LOCATION: DEQConference Center, 1410 N. Hilton, Boise, Idaho 

HEARING DATE: October 4, 2004 

The undersigned designated hearing officer hereby certifies that on the 4th day of 

October, 2004, a public hearing was held on the Rules for the Control of Air Pollution in 

Idaho, Docket No. 58-0101-0401, at the DEC conference center in Boise, Idaho. The 

hearing commenced at 4 p.m. and was adjourned at 4:30 p.m. No members of the 

public attended the hearing. 

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

by Idaho Code Section 67-5221, on September 1,2004. This publication was timely 

made and other necessary notice requirements have been met. 

DATED this 4th day of October 2004. 

Hearing Officer 

CERTIFICATE OF HEARING 

Legislative Services Office RECEIVED

( ­ AUG 31 2OO't Idaho State Legislature Office of the Attorney General 

IDl!Q 

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

Boise,lD 83720-0054 

208/334-2475; Fax 334·2125 

August 28, 2004 www2.state.id.usllegislat 

Paula J. Wilson 


Environmental Quality Section 


Attorney General's Office 


1410 N. Hilton 


Boise, ID 83706-1255 


Dear Ms. Wilson: 

The Senate and House Subcommittees for review ofadministrative rules have reviewed the 


( - proposed changes to the Dept. OfEnvironmental Quality rules: 


IDAPA 58.01.01 - Rules for the Control of Air PoUution in Idaho 

(Docket #58-0101-0401) 

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

KAG/ca 

tharine {/;~ty Sr. Legal Analyst 

.ike Nugent, Supervisor Jeff Youtz, Supervisor Ray Ineck, Supervisor Glenn Harris, Supervisor 

Research &, Legislation Budget &, Policy Analysis Legislative Audits . Network Administration 

mnugent@Iso.state.id.us jyoutz@lso.state.id.us rineck@Jso.state.id.us gharriS@lso.state.id.us 
Legislative Services Office 

Idaho State Legislature 

Carl F. Bianchi State Capitol Director P.O. Box 83120 MEMORANDUM Boise, ID 83120-0054 

2081334-2475; Fax 334-2125 

wwwl.state.idusllegislat 

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


House Environmental Affairs Committee 


FROM: 	 Research & Legislation Staff - Katharine Gerrity RECEIVED 

AUG f 1 2004 DATE: 	 August 10, 2004 

Dg~~Ji.e~gs COOrdinator SUBJECT: 	 Department of Environmental Quality 

IDAPA 58.01.01 - Rules for the Control ofAir Pollution in Idaho 

The Department ofEnvironmental Quality submits notice ofproposed rulemaking at 

IDAPA 58.01.01 - Rules for the Control of Air Pollution in Idaho. According to the Department, 

a Notice ofNegotiated Rulemaking relating to the proposed rule was published in the 

Administrative Bulletin on March 3, 2004, to review, and revise as necessary, the structure and ­ efficiency ofthe air quality permitting rules to modernize, update, and clarify appropriate 

portions. The Department also notes that because the rulemaking has the potential to be a very 

lengthy process, the negotiating committee anticipates submitting several proposed rule dockets 

in order to accomplish its rulemaking objectives. This proposed rule is the first ofthe proposed 

rules and removes certain criteria for permit to construct exemptions to align those provisions 

with EPA statements. The Department intends to present the final proposal to the Board of 

Environmental Quality in November, 2004, for adoption of a pending rule. The rule is expected 

to be final and effective upon the conclusion ofthe 2005 legislative session if approved by the 

Legislature. 

As noted, a Notice ofNegotiated Rulemaking was published in the Administrative 


Bulletin on March 3,2004. The Department indicates that the text ofthe rule was drafted based 


on discussions held and concerns raised during the negotiation. A public hearing concerning the 


rule will be held on October 4, 2004, in Boise. 


The proposed rule is authorized by Sections 39-105 and 39-107, Idaho Code. The 


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


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


cc: Department ofEnvironmental Quality 

Mike Nugent, Supervisor Jeff Youtz, Supervisor Ray Ineck, Acting Supervisor Glenn Harris, Supervisor Research & Legislation Budget & Policy Analysis Legislative Audits Network Administration 

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

.' State of Idaho 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

Board ofEnvironmental Quality 

1410 North HIlton. aolee. ID 83706-1266, (208) 373-0102 Dirk K4tmpthome. Governor 

Toni H.rdesty, Director 

DECLARATION OF RULEMAKING 


BY THE BOARD OF ENVIRONMENTAL QUALITY 


ADOPTION OF PENDING RULE 


DOCKET NO. 58..Q101..Q401 


Pursuant to the authority granted to the Board of Environmental Quality in Title 39, Chapter 1, 

Idaho Code, and under the provisions for rule adoption contained in Section 67-5224, Idaho Code, I 

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

presented in the attached Final Proposal. 

11-18-0+ 

Date 

STATE OF IDAHO 

ss. 

County of Ada 

On thistB!f of November, 2004, before me, the undersigned, a Notary Public in and for 

said State, personally appeared John R. MacMillan. Chairman, known to me to be the person whose 

name is subscribed to the within instrument and acknowledged to me that he executed the same. 

IN WITNESS WHEREOF, I have set my hand and affixed my official seal the day and 

year in this certificate first above written. 

Notary Public for Idaho 1IJ 

Res.iding at ft:!t~ 1.,« expires: 67 
Proposed Motions for the November 2004 ( ­ Meeting of the Idaho Board of Environmental Quality 

Agenda Item #7 

Rules for the Control of Air Pollution in Idaho. Docket No. 58-0101-0401 

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. 58-0101-0401. 

( 
· RULE PROMULGATION AUTHORITY CHECKLIST 

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

Docket No. 58-0101-0401 t Permitting Clarification 

DATE INITIALS 

Legal Review of Proposed Administrative Rules Form and 

Notice of Negotiated Rulemaking 

Dire~or Approval of Proposed Administrative Rules Form and 

Notice of Negotiated Rulemaking 

Approval Received from DFMlGovemor 

Legal Review of ProposedfT emporary Rule Docket 

Director Approval of ProposedfTemporary Rule Docket 

- Board Adoption of Temporary Rule 

Legal Review of PendingfTemporary Rule Docket 

Director Approval of PendingfTemporary Rule Docket 

Board Adoption of PendingfTemporary Rule 

-

/'" 

i l r-­~ -\------------------------------=-=-------- DOCket Number: 58-Q101-0401 

,.. 

Public Notice 

Effective Date: Adjournment of 2005 Legislative Session Negotiated Rule Making: [X] Ves [] No 

Rules TItle: Rules for the Control of Air Pollution in Idaho Groups Involved: List Attached 

Agency Contact and Phone: Martin Bauer, 373-0440 

Descriptive Summary of Rule: DEQ announced this negotiated rutemaking in the March 3, 2004 

issue of the Idaho Administrative Bulletin to review, and revise as necessary, the structure and 

efficiency of the air quality permitting rutes to modernize, update, and clarify appropriate portions. Since 

this rulemaking has the potential to be a very lengthy process, the negotiating committee anticipates 

submitting several proposed rule dockets In order to accomplish Its rulemaking objectives. This is the 

first of those proposed rules. This proposed rule removes certain criteria for permit to construct 

exemptions to align those provisions with Environmental Protection Agency statements. 

In proposing a State Implementation Plan (SIP) approval of Idaho's permit to construct (PTC) exemption 

rules, EPA stated: "EPA has carefully reviewed the list of categorically exempt sources and the "below 

regulatory concern"levels in Sections 221, 222.01 and 222.02 and believes that these categories and 

levels are consistent with what has been approved elsewhere for purposes of exempting de minimis 

sources from minor NSR reqUirements. As a result, Idaho's requirement for self-modeling as an 

additional exemption criterta only further narrows exemption provisions which would be approvable even 

without the modeling provision. • 67 Fed. Reg. 52666, 52670 (Aug. 13, 2002). 

In the final rule, EPA stated that It "did not base Its approval of the minor new source review 

exemption provisions on this modeling requirement." 68 Fed. Reg. 2217, 2218 (Jan. 16, 

2003). 

As a result of EPA's statements, DEQ is proposing to remove the modeling requirement 

located at IDAPA 58.01.01.220.01.a.iii. 

AIthQugh DEQ Is proposing to remove the modeling requirement from the PTC exemption rules, it 

retains the legal authority pursuant to IDAPA 58.Q1.01.401.03 to require a source to obtain an air quality 

permit to ensure compliance with applicable rules, Including the National Ambient Air Quality Standards 

(NMQS). 

Pursuant to Section 110 of the Clean Air Act, the federal government provides States with the primary 

responsibility to establish minor air quality permitting programs to ensure the States' ambient air attains 

and maintains the NMQS. The federal government does not prescribe how states meet the NMQS. 

Thus, this State's minor permitting program is not "broader In scope or more stringent than federal law 

or regulations." Idaho Code § 39-1070. That said, as noted above, EPA did state that the exemptions 

would be approvable even without the modeling provision; hence, DEQ proposes removal of this 

provision. 

EPA noted the modeling provision was not required because the below regulatory concern levels and 

listed categories are consistent with what has been approved elsewhere for purposes of exempting de 

minimis sources. DEQ does not Intend to change the PTC exemption's below regulatory concern level 

in subsequent rulemakings; however, by way of negotiated rulemaking, it may propose to add source 

categories that fit the de minimis source qualification to the current Section 222 list. 

No public comments were received. 

DEQ recommends that the Board adopt the rule, as presented in the final proposal, as a pending rule 

with a final effective date coinciding with the adjournment sine die of the First Regular Session of the 

Fifty-eighth Idaho Legislature. The rule is subject to review by the Legislature before becoming final and 

effective. 

Hearings: [Xl Ves [ ] No 

Locations and ,Dates: Boise. 10/4/04 

Written Comment Deadline: 1014/04 

Coata to the Agency: The changes in the permitting program 

should provide long-term reductions in DEQ costs through 

development of a more efficient permitting process. 

Costs to the Regulated Community: The proposed revisions will 

clarify applicable requirements for industry, making it easier for 

Industry and the State to ensure compliance. 

Relevant Statutes: Idaho Code §§ 39-105 and 39-107 

IDAHO CODE 39·1070 STATEMENT: This rule does not regulate 

an activity not regulated by the federal government, nor is it broader 

in scope or more stringent than federal regulations. 

Rulernaking and Public Comment Summary - Page 1 
Temporary Rule 	 [ 1 Necessary to protect public health, safety or welfare 

[ 1 Compliance with deadlines in amendments to governing law or federal programs 

[ ] Conferring a benefit 

. Docket Number: 5li:Q:l01~Q1 

Section Existing Rule Summary 

220 General Exemption Criteria 

for Permit to Construct 

Exemptions. 

222 category II Exemption. 

Temporary and/or Proposed Rule Summary 

Removes Subsection 220.01.a.iii requiring 

modeling for those sources that would be 

approvable without the modeling provision. 

Retains authority under IDAPA Section 401 to 

require compliance with applicable rules, 

including NMOS. 

Removes Subsection 222.01.f enabling 

Director to exempt sources that are 

categorically exempt or below regulatory 

concern. 

Summary of Rule Changes Outstanding Issues

Based on Public Comment 

No comment received. No None. 

change. 

No comment received. No None. 

change. 

Rulemaking and Public Comment Summary - Page 2 

, ) 
FINAL PROPOSAL ( ­\ 

RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO, DOCKET NO. 58-0101-0401 

The Department of Environmental Quality recommends that the Board of Environmental Quality 

adopt the rule as initially proposed in the Idaho Administrative Bulletin, September 1, 2004 Vol. 04-9, 


pages 223 through 227. 

( 

IDAPA 58 - DEPARTMENT OF ENVIRONMENTAL QUALITY -


58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO 

DOCKET NO. 58-0101-0401 

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 2005 Idaho state Legislature for final approval. The pending rule will become final and 

effective immediately upon the adjournment sine die of the First Regular Session of the Fifty-eighth Idaho 

Legislature unless prior to that date the rule is rejected. amended or modified by concurrent resolution in 

accordance with Idaho Code Sections 67·5224 and 67-5291. 

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

adopted a pending rule. This action is authorized by Sections 39-105 and 39-107, Idaho Code. 

DESCRIPTIVE SUMMARY: A detailed summary of the reason for adopting the rule is set forth in the initial 

proposal published in the Idaho Administrative Bulletin, September 1, 2004 Vol. 04-9, pages 223 through 227. 

The agency received no public comments on the proposal, and the rule has been adopted as initially 

proposed. The rulemaking record can be obtained by contacting the undersigned. 

IDAHO CODE § 39-1070 STATEMENT: This rule does not regulate an activity not regulated by the federal 

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

GENERAL INFORMATION: For more information about DEQ's programs and activities, visit DEQ's web site 

at www.deq.idaho.gov. 

ASSISTANCE ON TECHNICAL QUESTIONS: For assistance on questions concerning this 

rulemaking. contact Martin Bauer at (208) 373-0440 or mbauer@deq.state.id.us. 

Dated this 18111 day of November, 2004. 

Paula J. Wilson 

Hearing Coordinator 

Department of Environmental Quality 

1410 N. Hilton 

Boise. Idaho 83706-1255 

(208)373-0418/Fax No. (208}373-0481 

pwilson@deq.state.id.us 

-


<Michael.Simon@deq.idaho. To <Mike.Edwards@deq.idaho.gov>, Dan 

gOY> Brown/R10/USEPAlUS@EPA 

12/021200810:29 AM cc 


bcc 


Subject 	 RE: another request for narrative description to support SIP 

approval 

Mike/Dan: 

This rulemaking was done in part because we were removing the "Any other 

source speci exempted by the Department". The idea was that if 

DEQ was going to categorical exempt a source, it should be done thru a 

rule and not be on some list somewhere. 

Crematories - were added because we used to permit these units and found 

that if they were built to good combustion standards the units always 

modeled in for NAAQS (PM10 being the primary pollutant). Since these 

sources were never major, always met NAAQS, we decided to categorically 

exempt them only if they met the design criteria we established in 

permitting. 

SVE's - soil vapor extraction units, these are only for petroleum 

remediation activities. We also used to permit these as well and they 

did not require NAAQS modeling but were more of a TAPs (Toxic Air 

Pollutant) Mainly BTEX. So the rule is built around utilizing the short 

term source factor (5 year operation limit) and setbacks as exemption 

criteria which are all based on TAP modeling. 

Dry Cleaners - These sources are primarily a HAP source and not a source 

that requires NAAQS modeling demonstrations. 

This is a quick summary off the top of my head, so let me know if you 

need any more information. 

Mike Simon 

Stationary Source Permit Manager 

208 373-0212 

-----Original Message---­

From: Mike Edwards 

Sent: Tuesday, December 02, 2008 9:18 AM 

To: 'Brown.Dan@epamail.epa.gov' 

Cc: Michael Simon 

Subject: RE: another request for narrative description to support SIP 

approval 

Dan, 

For now I am the contact on all SIP related stuff so you did get the 

right person. I am forwarding this e-mail to Mike Simon so he can gather 

the information which demonstrates the categories discussed below are 

categorically exempt. 

Thanks,