# - 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: 

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### 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 ofAir 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 

### ofthe federal Clean AirAct and applicable federal regulations. None 

### ofthe 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

Ifyou 

### or your staff have questions concerning any ofthese 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, DEQSTATE 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 

### ofAir 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 

### ofJuly, 2005.

Toni Hardesty Director

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### 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, 1004,4p.m. DepartmentofEnvironmental Quality, Conference Room B 1410N. 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 ofthe Idaho Administrative Bulletin to review, and revise as necessary, the structure and efficiency ofthe 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 ofpublic comments, DEQ intends to present the final proposal to the Board ofEnviromnental Quality in November 2004 for adoption ofa pending rule. The rule is expected to be final and effective upon the conclusion ofthe 2005 session ofthe Idaho Legislature ifapproved 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 thismodeling 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 pennitto ensure compliance with applicable rules, includingthe National Ambient Air Quality Standards (NAAQS). Pursuant to Section 110 ofthe Clean Air Act, the federal governmentprovides 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 minorpennittingprogram
IdahoAdmlnlstradve BuBedo Page 113 September 1,1004

- VoL 04-9

### DEPARTMENT

### OF ENVIRONMENTAL QUAUTY DocketNo. 58-0101-0401 Rules for the Control

### of AirPollution ProposedRu/emaklng is not "broader in scope or more stringentthan federal law orregulations", 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 changethe 'PrC 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. 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 ormore stringent than federal regulations. FEE SUMMARY: There are no fees associated with this proposed rulemaking. NEGOTIATED RULEMAKING: The text ofthe 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 ofNegotiated Rulemaking was published in the Idaho Administrative Bulletin, March 3, 2004, Vol. 04-3, page 42. GENERAL INFORMATlON:Formore 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 orbefore October4, 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

THEFOLLOWING IS mE TEXT OF DOCKET 58-0101..0401

220. GENERAL EXEMPTION CRITERIAFORPERMIT 10CONSTRUCTEXEMPTIONS. 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 ofSections 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, or22.3: (4-5'()())

IdahoAdministrative BuDetin Page 114 September 1,2004

- VoL 04-9(**,~-** DEPARTMENT

### OF ENVIRONMENTAL QUALITY Docket No. 58-0101-D401 Rules 

### for the Control of AirPollution ProposedRu/emaklng



### a. The maximum capacity of a source to emit an air pollutant under its physical and operational design without consideration oflimitations on emission such as air pollution control equipment, restrictions onhours ofoperation and restrictions on the type and amount ofmaterial combusted. stored orprocessed would not: (4-5-00) i. Equal orexceed one hundred (tOO) tons per year ofany regulated airpollutant. (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 ofsignificant at Seetion006. (4-5-00)
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### f4 j 99j b. Combination. The source is notpart ofa proposed new major facility orpart ofa proposed major modification. (4-5-00) 01. Record Retention. Unless the source is subject to andthe 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 thanfive (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 ofthe source. The owner or operator shall submit**th~** documentation to the Department upon request (4-5-00)
(BREAKIN 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 ofless 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 orless

- unlimited hours ofoperation. (5-1-94)

IdahoAdministrative Bulletin Page 215 September 1,2004.Vol. 04-9DEPARTMENT

### OF ENVIRONMENTAL QUALITY DocketNo. 58-0101·04D1 Rules for the Control of AirPollu6on ProposedRulemaklng

ii. One hundred one ( 101) to two hlUldred (200) borsepower --lessthan 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 -lessthan 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. orrefined gasoline shall not be used. (4-5-00)

e. A pilotplant that uses a slip stream from an existing process stream not to exceed ten percent (10"10) ofthat existing process stream orwhich 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 often (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) ofthe applicable radionuclides standard in40 CFR Part 61, Subpart H. (4-5-00)
Ill. The exemption for apilot plant shall terminate one (I)year afterthe commencement ofoperations and shall not be renewed, (4-5-00) 

### fr AH,. ethett 98'NN!e**.'Pee~Jy** $e/'Itpfetfby Me f)epsC'lmeftl. ,f /;"1 eftlttH;e .98fW(!e9 fHteBlttfiti8Pttilly 

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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. Airpollutant detectors orrecorders, 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 perhour 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

IdahoAdministrativeBuUetin Pagell6 September If 1004

- Vol. 04-9

### DEPARTMENT

### OF ENVIRONMENTAL QUALITY Docket No. 58-0101·0401 Rules for the ControlofAirPollution ProposedRulemaklng 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 orany 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 otherhousehold and industrial chemicals; (7-1-97)
Ill. The used oil fired space heater is designed to have a maxnnum capacity ofnot 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 ofthe 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 ofthe 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 greaterthan 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 bemaintainedby the Department and made available upon written request. All sources exempted bythe Department shall: (4-5-00)

a. Be analyzedby the Department and determined to meet the requirements ofSubsections 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)

IdahoAdministratiVe BulleUn Page1l7 September 1, 2004

- Vol. 04-9"'. 

## ) j


## MEETIlfG SIGN-Ilf SIIEBT Meeting Title: Permitting OariticationlEmciencyRuleDlaking Meeting Meeting Date: 

### 8/11104



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### CERTIFICATE OF HEARING

SUBJECT: Rules for the Control of Air 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 ofAir 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 ofthe public attended the hearing. Notice ofthis 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

## RECEIVED 

# Legislative Services Office (

# ­ 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 ControlofAirPoUution 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 JeffYoutz, 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 

## 12004 DATE: August 10, 2004

# Dg~~Ji.e~gs COOrdinator SUBJECT: Department ofEnvironmental 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 ofAir 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 ofa pending rule. The rule is expected to be final and effective upon the conclusion ofthe 2005 legislative session ifapproved 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 JeffYoutz, Supervisor Ray Ineck, Acting Supervisor Glenn Harris, Supervisor



### Research & Legislation Budget & Policy Analysis Legislative Audits 

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

### State ofIdaho 

## 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 ofAir 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 this

# tB!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

DirectorApproval of ProposedfTemporary Rule Docket



# - Board Adoption ofTemporary Rule
Legal Review of PendingfTemporary Rule Docket

DirectorApproval of PendingfTemporary Rule Docket

Board Adoption of PendingfTemporary Rule



# -/'" i l 

## r-­

# ~ -\------------------------------=-=--------

DOCket Number: 58-Q101-0401 

## ,.. Public Notice Effective Date: Adjournment of2005 Legislative Session Negotiated Rule Making: [X] Ves [] No Rules TItle: Rules 

### for the Control ofAir 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 ofthe Idaho Administrative Bulletin to review, and revise as necessary, the structure and efficiency ofthe air quality permitting rutes to modernize, update, and clarify appropriate portions. Since this rulemaking has the potential to be avery lengthy process, the negotiating committee anticipates submitting several proposed rule dockets In orderto accomplish Its rulemaking objectives. This is the first ofthose 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 ofcategorically 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 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. 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 ofthis 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. 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 ofthe First Regular Session ofthe 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 ofa 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 orwelfare 

## [ 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. Outstanding Issues Summary of Rule Changes 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 adoptthe 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 ofthe 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 18 111 

### 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,