# --- STATE OF IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY

1410 North Hilton • Boise, Idaho 83706-1255 • (208) 373-0502 Dirk Kempthorne. Governor Tooi Hardesty, Diractor

May 5,2006**C:f~** C! The &e2l!tiW
Michael Bogert, Regional Administrator U.S. EPA. Region 10 1200 Sixth Avenue Seattle. WA 98101 Re: State Implementation Plan Rule Revisions : pr..rWl;

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Dear Mr. Bogert: Endosed for your review and approval are an original and four copies of revisioos to the Department of Environmental QualitYs (OEQ) Rules for the Control ofAir PoUution in Idaho, IDAPA 58.01.01. OEQ is seeking Environmental Protection Agency (EPA) approval ofthe following revisions as an update to the contents ofthe Idaho State Implementation Plan (SIP). 40 CFR. Part 52, Subpart N: IDAPA Docket 58-01 01"'()503
- Regulated Air Pollutants

Please note that the revision made to Subsection 006. 55.b
- Definition ofModification, which refers to "state onlytoxic airpollutant, " is not to be included in the Idaho SIP. The revision to this subsection is included in this submittalonlyforEPA's information in approving changes to the remainder ofSeCtion 006.55. IDAPA Docket 58-0101-0505 -Annualincorpolliltion by Reference (2005) IDAPA Docket 58-0101"'()506
- BaseHne Actual Emissions, and Procedure for TllIInsfer of

### PTe and Tier II Permits IDAPA Docket 58...()101..o507
- PTe Exemptions IDAPA Docket 58...()101"'()508
- Facility Emissions Cap 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 ofthefederal 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 indusion in the Idaho SIP. We understand these documents willMichael Bogert, U.S. EPA May 5,2006 Page 2 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) HospitallMedicalllnfectious 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) Docket 58-0101-0304
- New Source Review Docket 58-0101-0401
- Permit to Construct Exemptions Docket 58-0101-0402
- Annual Incorporation by Reference (2004) If you 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 Idahds SIP is updated as soon as possible. Sincerely.

# /o-n~~ Toni Hardesty Director TH/ph Enclosures c: Martin Bauer, DEQSTATE OF IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY

1410 North Hilton. Boise, Idaho 83706-1255' (208) 373-0502 Dirk Kempltlome, Governor Toni Hardesty, Director

AMENDMENT TO THE RULES FOR "rHE 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 atrevision to Appendix A.3 ofthe 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 5th day of May, 2006.

# ~.,----- 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. 58-0101-0507 NOTICE OF RULEMAKING
- PROPOSED RULE

AUTHORITY: In compliance with Section 67-5221(1), Idaho Code. notice is hereby given that this agency bas proposed rulemaking. The action is authorized by Sections 39-105 and 39-107, Idaho Code. PUBLIC HEARING SCHEDULE: A public hearing concerning this prQposed rulemaking will be held as follows: October tl, 1005,4 p.m. Department ofEnvironmental Qua6ty Conference Center 1410 N. HUton, Boise, Idaho The hearing site(s) wiIJ 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. DESCRlPI1VE SUMMARY: The Department of Environmental Quality (DEQ) is proposing revisions to the "Rules for the Control ofAir Pollution in Idaho" for certain currently-listed sources that are exempt from obtaining an air quality permit toconstruct. Facility types affected are certain size crematoriums. certain petroleum remediation sources and dry cleaning facilities that are not major sources. In addition, DEQ proposes to increase the number of operating hours allowed for stationary internal combustion engines used for emergency purposes. The text ofthe rule has been developed by DEQ in conjunction with a negotiating committee made up ofpersons bavin, an interest in the development ofthis rule. Both major and minor sources ofair poUu,tion may be interested in participating in this rulemaking. Special interest 

### groups. public officials. or members ofthe public who have an interest in the regulation ofair emissions from sources ID Idaho may also wish to submit comments on this proposed rule. 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 ofEnvironmental Quality in November 2005 for adoption ofa pending rule. The rule is expected to be final and effective upon the adjournment ofthe 2006legislative session ifapproved by the Legislature. IDAHO CODE SECTION J9-107D STATEMENT: This proposed rule does not regulate an activity not regulated by the federal government, nor is it broader in scope or more stringentthan federal regulations. IDAHO CODE SECTION 67-5111(1)(c) FISCAL IMPACT STATEMENT: No negative impact occurs from this rulemaking; provision is not applicable. NEGOTIATED RULEMAKING: The text ofthe proposed rule has been drafted based on discussions held and concerns raised during negotiations conducted pursuant to Idaho Code Section 67-5220 and IDAPA 04.11.01.812­ SIS. The Notice ofNegotiated Rulemaking was published in the Idaho Administrative Bulletin, March 3, 2004, Volume 04-3. page 42, under Docket No. 58-0101-0401. 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 AND SUBMISSION OF WRITTEN COMMENTS: For assistance on technical questions concerning this proposed rulemaking, contact Martin Bauer at (208) 373-0440. martin.bauer@deq.idabo.gov

. Anyone may submit written comments by mail. fax ore-mail at the address below**~arding** this proposed rule. DEQ will consider all written comments received by the undersigned on orbefore October 11. 2005.

ld.llo Administrative Bulletin Page31J September 7,lOOS

- Vol. 05-9DEPARTMENTOF ENVIRONMENTAL QUAUTY Docket No. 51-0101-1)507 Rules for the Control of AirPollution In Idaho ProPNed Rulemaklng DATED this 3rd day ofAugust. 2005.

Paula J. Wilson Hearing Coordinator Department ofEnvironmental Quality 1410N.Hilton Boise,ldaho 83706-1255 (208)373-04I8IFax No. (208)373-0481 paula.wilson@deq.idaho.gov

THE FOLLOWING IS THE TEXT OF DOCKET 58-0101-0507

111. CATEGORY II EXEMPTION. No permit to construct is**requi~** for the following sources. (4-5-00) 01. Exempt Source. A source that satisfies the criteria set forth in Section 220 and that is specified below: (4-5-00)

.. Laboratory equipment used exclusively for chemical and physical analyses, research or education,. including, but not limitedto, 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 radionuclides standard in 40CPR Part 61, SubpartH. (4-5-00) b. Environmental characterization activities including emplacement and operation of field instruments, drilling of sampling and monitoring weDs, 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 bynatural 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) ii. One hundred one (101)totwohundred (200) horsepower -less than four hundred fifty (450) hours permonth. (5-1-94)
111. Two hundred 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 onehundred fifty (ISO) hours per month. (5-1-94) d. Stationary internal combustion engines used exclusively for emergency purposes which are operated less than Iwtt hundred**(zr~OO)** hours per year and are fueled by natural gas, propane gas, liquefied

Idabo Admlnlstntlve Bulletin Page 314 September7, ZOOS

- VoL 05-9DEPARTMENTOF ENVIRONMENTAL QUALITY DocketNo. 5U1D1.q507 Rules for the ConfrOl of AIrPollution In Idaho Proposed Rulemaklng petroleum gas, distillate fuel oils, residual fuel oils, and diesel fuel; waste oil, gasoline, or refined gasoline shall not**~~~ ~**  eo Apilotplant that uses a slip stream ftom an existing process stream not to exceed tenpercent (tOO,,) 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 often (10) by multiplying either the acceptable ambient concentration or the screening emissions level, but notboth, byten (10). (4-5-00) ii. The source shall have uncontroUed potential emissions that are less than one percent (1%) ofthe applicable radionuclides standard in 40 CFR Part 61, Subpart H. (4-5-00)
lit. The exemption for a pilot plant shalJ terminate one (I)year after the commencement ofoperations and shall not renewed. (4-5-00) 01. Other Exempt Sources. 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 orrecorders, combustion controllers, or**comb~tion** shutoffs. (5-1-94)
c. Fuel burning equipment for nldirect heating and for heating and reheating furnaces using natural gas, propane gas, liquified petroleum gas. or biops (ps produced by the anaerobic decomposition of otpnic material 

# throuf a controlled process) with bydroeep sulfide concentrations less than two**~JllDlY** exclusively wi a capacity ofJess than fifty (SO) million btu's perhour input.**~** d. Other fuel burning equipment for indirect beating with a capacity of less than one million (1,000,000) btu's per hour input. (5-1-94)
eo 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, Iiquified petroleum gas, distillate fuel oils and diesel fuel sales. (5-1-94) Ia. Used Oil Fired Space Heaters which comply with all the following requirements: (7-1-97) 1. The used oil fired spacebeater burns only used oil that the owner oroperator generates on site. that 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 JDAPA 58.01.05.015, "Rules and Standards (or**Hazardo~** Waste"; (7-1-97) (l) For the purposes ofSubsection 222.02.h., "'used oil" refers to any oil that has been refined ftom crude oil orany synthetic oil that has been used and, as a result ofsuch use, is contaminated by pbysical orchemical impurities. (4-5-00) (2) For the purposes of Subsection 222.02.h., "used oil fired space beater" refers to any furnace or apparatus and all appurtenances thereto, designed, constructed and used for**comb~** used oil for energy recovery to directly heat an enclosed space. (4-5-00) ii.

. An,! used oil burned is not contaminated by added toxic substances such as solvents,**anti~e** or other household and industrial chemicals; (7-1-97)
Idaho Administrative Bulletia Page31S September7, 2005

- Vol. 0S-9

# '­ DEPARTMENTOF ENVIRONMENTAL QUALITY DocketNo. 58-0101-11501 Rules for the ControlofAI, Pollution In Idaho Proposed Ru/emaklng

m. The used oil fired space heater is designed to have a maximum capacity ofnot more than one half (0.5) million BnJper hour; (4-5-00) iv. The combustion gases from the used oil fired space beater are vented to the ambient air through a stack equivalent to the type and design specified by the manufacturer ofthe heater and installed to minimize down wash and maximize dispersion; and (7-1-97)
v. The used oil fired space heater is ofmodem commercial design and manufacture, except that a homemade used oit 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) 

### J. Multiple chamber crematory 

### retorts used to cremate human or animal remains 

### usina natural ps exclusiyely with a'maximum aymae ebara' capacity of two hundred (200) pounds of remains per hour and a minimum secondary combustion chamber temperatllfC ofone thousand five hundred (1500) dep;es Fahrenheitwhile qpera tin8· 

### L-l L Petroleum environmental remediation 

### Source by npor extraction with an o,ueration life not to eXceed five (5) yeam (excqK for 

### 1andfi1l3l. The short-term ruljustment factor in Subsection 210.15 capnotbe used if the remediation is 

### within five 

### hundred (500)feet ofa sensitive rece.ptot 

### Forms are available atwww.deq.idaho.&ov to help assist sources in this exemption determination. L-J 

### L DIycleanin& facilities that are not DlI\ior under. but subject to. 40

### CFR Part 63. Subpart M.

. L-J Hr 

### ,f,.,. 9IIetJr 8iJWH**S~eijietllIy** BwllfJl" .,. tilt! lhp."",,,.,. .f IitJt 8} iMse SBtweeIJ NrfeeltdilitHttJlly aemptetJby tire lJeptfl"lmeltt will be fPttIiItttti"etiby the ]}eptfrfme"ttmJ 1MtIe tiWlilBhle rtpe" writtm l'efJtH!St. All SBNl"tlea aempietJby tireE>qHwfmePft shtill: (4 5 9lJ)

• Be**tJrttil~eti**by the lJeptff'fme191 aMt/elermi"eti HI meet life l'eI/NiremmB e}Srmseeti6lffl229.9.'.a.i

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. (4 5 9lJ) it Be**a~** by tire lJeptlf'fmmt tmJ aetemfilfet/ rt8t HI etlft.Je 8,. aipi/ietllflly eeN".;brde Ie a w81tlti8" 6}tBfY tlffIbiertl ti;,. '1Ntllilyata"dtmJ. (4 5 99J

Idaho Administrative BuBettn Page3l6 September: 7, lOOS· Vol. 05-9

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# J**~ ~** LIST OF PUBLIC COMMENTS Proposed Rules for the Control ofAir Pollution In Idaho Docket Number 58-0101-0507 Deadline for Comment: October 11, 2005 Submitted By Data Received
Katharine Gerrity, Legal Analyst Legislative Services Office State Capitol Boise, 10 83720-0054
Certificate of Hearing August 29, 2005
- Letter toOEQ August 11, 2005
- Memo to Germane Joint Subcommittees October 11, 2005Kat PrinCIpal legal Analyst 

# Legislative Services Office Idaho State Legislature

CarI F. Bianchi State Capitol Director P.O. Box 83720 Boise, 10 83 720-0054 August 29, 2005 2081334-2475; Fax 334-2125 www2.state.id.usllegislat

Paula J. Wilson Hearing Coordinator Department of Environmental Quality 1410 N. Hilton Boise, 10 83706.,1255 Dear Ms. Wilson: The Senate and House Subcommittees for review of administrative rules have reviewed the proposed changes to the Department of Environmental Quality rules: IDAPA 58.01.01 Rules for Control ofAir Pollution In IdaholEmlsslon Registration Requirements (Docket #58-0101-0504) 58.01.01 Rules for Control ofAir Pollution In Idaho/Revises Sources Exempt 

# - from Permit (Docket #58-0101-0507) 58.01.02 Water Quality Standards & Wastewater Treatment RequlrementsIRevises HH Criteria (Docket #58-0102-0503) 58.01.02 Water Quality Standards &Wastewater Treatment Requirements/Deletes unnecessary sections & definitions (Docket #58-0102-0504) 58.01.08 Public Drinking Water Systems (Docket #58-0108-0501) 58.01.13 Rules for Ore ProceSSing by Cyanldatlon (Docket #58-0113-0502) 58.01.16 Wastewater Rules to establish facility & design standards (Docket #58-0116-0501). No meeting will be held, and we are pleased to report that no objections will be filed. Sincerel yours, 

# ,;----­**~~~/** rine A.

## Ge~~_ ...TJ 

# r

KAG/ca
cc: Christopher Ramsdell, Martin Sauer, Don Essig, Mark Mason, Tom John, John lawson & Mark Mason 

# -
Mike Nugent, Supervisor JefrYoutz, Supervisor Raylneck,Supervbor Glena Harrb,Supervisor

Research & Legislation Budget & Policy Analysis Legislative Audits Network Administration mnugent@lso.state.id.us jyoutz@lso.state.id.us rineck@lso.state.idus gharris@lso.shite.id.us 

## Ml'vinn IInNi/{**lifiT~n** 

## I

## PA'1iA!nD**I~**

# Legislative Services Office RECEIVED 

# Idaho State Legislature AUG 11 2005 OffIce gC the Geneqae IDEO Carl F. Bianchi State Capitol Director P.O. Box 83720 Boise. 10 8372G-OOS4 

## MEMORANDUM 20&1l34-2475; Fax 334-2125 www2.stIte.id.usllcgisiat 

### TO: Rules 

### Review Subcommittee ofthe 

### Senate Health and Welfare**Commi~** 

### the Senate Resources and Environment Committee and the House Environment, Energy and TechnologyCommittee 

### FROM: Research & 

### Legislation Staff

- 

### Katharine Genity

# ~ DATE: 

### August 9, 2005 

### SUBJECf: Department ofEnvironmental Quality IDAPA 58.01.01

.. Rules for the 

### Control ofAir

### Pollution 

### inIdahoIEmission Registration Requirements IDAPA 58.01.01

- Rules for the 

### Control ofAir

### Pollution 

### inIdahoIRevises Sources Exempt ftom 

### Permit IDAPA 58.01.02

.. Water Quality Standards and WastewaterTreatment RequirementslR.evises HH Criteria 

### IDAPA 58.01.02

.. WaterQuaJity Standards and WastewaterTreatment RequirementslDeletes 

### Unnecessary Sections and Definitions IDAPA 58.01.08

- Public Drinking Water Systems IDAPA 58.01. 13

- Rules for Ore 

### Processing by Cyanidation IDAPA 58.01.16

- WastewaterRules to Establish

### Facility and Design Standards

1. 

### lDAPA 58.01.01

.. Rules for the Control 

### of

## Ail Pollution 

### in Idaho The Department ofEnvironmental Quality submits notice ofproposed and temporary 

### rulemaking at 

### IDAPA 58.01.01

.. Rules for the Control ofAir

### Pollution in 

### Idaho relating to emission registration requirements for Title V sources ofair

### pollution.

. According to the 

### Department, negotiated rulemaldng was conducted 

### in developing the rule, the purpose ofwhich is to eliminate a 

### redundancy in

### Title V facility reporting ofemissions. The 

### proposed change

## win consolidate emissions registration and inventories and, according to

Mike NUlent, Supervisor JeffYoutz, Supervisor Ray Ineck, Supervisor Glenn Harris, Supervisor

Research & Legislation Budget & Policy Analysis LegisJative Audits Network Administration mnugent@lso.state.id.us

. jyoutz@lso.state.id.us rineck@lso.state.id.us ghaniS@lso.state.id.us

### the Department, 

### may maximize industryand

### DEQ efficiency for the two required 

### projects. In 

### addition, the Department notes that the

### change will allow emissions data 

### submissions to 

### be -. 

### completedusing a web-based collection program. The

### Department notes that this 

### change.will 

### increase efficiency for

### most facilities and

### DEQ staff

### as well as allow DEQ to 

### meet proposed EPA data

### transfer deadlines. We contacted the 

### Department to 

### determine the

### reason for the expansion oflisted methods for calculation set forth in IDAPA 58.01.01.389.04.b. The

### Department indicates that 

### the methods noted (the specific language reads '·calculated using methods to 

## include.. but not limited 

## tgi reflect industry changes over the course oftime and

### additional new methods in which calculations may be 

### made. The Department indicates that 

### both major and

### minor sources ofair

### pollution, special interest groups, public officials, and members ofthe public who have an interest in the regulation ofair

### emissions from sources in Idaho 

### may wish to 

### submit comments. Following the

### comment period, DEQ intends to 

### submit the final 

### proposal to 

### the Board

### in November, 2005 for adoption of apending and

### temporary rule. The temporary rule would go into 

### effect in January, 2006. The proposed 

### rule appears 

### to be 

### authorizedby Sections 39-105 and**39~** 

### 107, Idaho Code. The Department confirms that 

### the rule does 

### notregulate an activity not regulated by the federal government, nor is

### itbroaderin scope ormore stringent than 

### federal law orregulations. 2. IDAPA 58.01.01
- 

### Rules for the 

### Control ofAir

### Pollution in Idaho The DepartmentofEnvironmental Quality submits notice ofproposed 

### rulcmaking at IDAPA 58.01.01

- Rules for the Control ofAir

### Pollution relating to 

### the revision ofsources exemptfrom permit. 

### According to 

### the 

### Department, thepurpose ofthe rule is to 

### revise 

### the rules for the control ofair

### pollution in Idaho 

### for certain**curtentJy~listed** 

### sources that

### are exempt from obtaining an air 

### qualitypermit to 

### construct. The Department notes that

### the types 

### offacilities that 

### would be 

### affected are certain 

### size crematoriums, certain 

### petroleum remediation sources and 

### dry

### cleaning facilities that are not

### major sources. DEQ also proposes to 

### increase 

### the 

### number ofoperating hours allowed for stationary internal combustion engines used for emergencypurposes. Negotiations were conducted in 

### drafting the proposed rule. The Department indicates that

### both major and 

### minor sources ofair

### pollution, special interest groups, public officials; and members ofthe

### public who have an interest in

### the regulation ofair 

### emissions from sources in Idaho may wish to 

### submit comments. The proposed rule appears 

### to be 

### authorized by Sections 39-105 and 

### 39-107, Idaho Code. The

### Department confirms 

### that 

### the rule does 

### Dotregulate an activity Dotregulated bythe federal 

### government, nor is itbroaderin scope ormore stringentthan 

### federal law orregulations. 

# .­ Page 2 of 9**£~ .~** 

(­ 

### 3. 

### IDAPA 58.01.02

- 

## Water Quality 

### Standards 

## and Wastewater

### Treatment 

### Rec;minments The 

### DepartmentofEnviromnental Quality submits notice ofproposed rulemaking at 

### lDAPA 58.01.02·

### WaterQuality Standards and 

### wastewater Treatment, specifically involving revisions to 

### Hwnan Health Criteria. According to 

### the Department, negotiated mlcmaking 

## was conducted in developing the rule. The Department DOtes that 

### the 

### purpose ofthe 

### mlcmaking is to bring 

### Idaho's toxies criteria up 

### to date with 

### current science and 

### recommendations ofthe EPA for criteria to protect 

### human health. The Departmentproposes to revise 

### the mle to account for revised fish consumption rates and newer

### information in the Integrated 

### Risk Infonnation System database on health effects and to 

### adopt an Idaho specific 

### cadmium aquatic life criterion based 

### on recalculation using additional, more recent toxicity data that has 

### become available since EPA's 2001 

### cadmium criteria recommendation. The Department indicates 

### that cvetyOllC 

### in Idabo who 

### either discharges 

### tones listed in the 

### rule to surface 

### waters ofIdaho, orthose who recreate in or obtain their 

### drinking water

### from surface

### waters ofIdaho,

# marbe 

### interested in commenting on the mle. The proposed rule appean to

### be 

### authorized by 

### Sections 39-105,39-107, 

### and 39-3601, 

### Idaho Code. 

### The Department confirms that 

### the rule does not regulate an activitynot

### regulated by 

### the 

### federal government, nor is it broaderin scope 

### or more stringent than 

### federal law or regulations. We contacted 

### the Department for some additional infonnation relating to this 

### rule. According to 

### the 

### Department, given the 

### Legislature's passage ofSB 1220 

### during the 2005 

### Legislative Session which required 

### the Department to 

### establish facility and design standards for wastewatertreatment 

### facilities, the Department elected to 

### create an entirely new chapter for that 

### purpose. That chapter is 

### numbered 58.01.16 and is 

### reviewed in section (7) 

### ofthis 

### memorandum. The Department elected to 

### maintain chapter 58.01.02 

### which is 

### now dedicated almost entirelyto 

### waterquality. The Departmentnotes that it bas 

### been in 

### contactwith

### the Administrative Rules Coordinator 

### and that 

### they will modifythe tide to 

### the 

### role at 

### a laterdate providedthe 

### roles 

### are approved. 4. 

### lDAPA 58.01.02

- 

### Water Quality 

### Standards 

## and WastewaterTreatment R.egpirements The 

### Depaltment submits notice ofa proposed 

### mle at

### lDAPA 58.01.02

- 

### Water Quality Standards and 

### Wastewater Treatment Requirements. According to 

### the Department, the purpose ofthe rule is to 

### delete 

### various sections and 

### definitions that are either unnecessary to 

### remain in rule orthat 

### have been 

### moved to 

### the proposed 

### Page 3 of 9

### rule reviewed in subsection seven ofthis 

### memorandum. The 

### rule also 

### adds and 

### renumbers various sections in accordance with the rules oftho 

### administrative rules coordinator. The 

### proposed rule appears to 

### be authorized 

### by Sections 39-105, 39-107, and 

### 39-3601, Idaho Code. The 

### Department confirms that the 

### rule does 

### not regulate an activity not regulated

### by the federal government, nor is itbroader in 

### scope or more stringent than 

### federal Jawor regulations. 5. mAPA 58.01.08

- Public Drinkipg 

## Water Systems The 

### Department submits notice ofa temporary 

### and proposed 

### rule at mAPA 58.01.08

­ Public Drinking Water Systems. According to 

### the Department, the 

### rule was drafted following negotiated rulemaking and 

### is being 

### proposed following enactment ofSB 1220 during the 2005 Legislative SeSsion. The Jaw requires 

### the 

### Departmentto 

### establish 

### facility and design standards. 

### The Department notes that 

### portions ofthe existingrule, and 

### portions ofdocuments incorporated as role that !elate to 

### design 

### ofdrinking water line extensions, will be 

### modified to 

### delete from the 

### rule some items identified as guidance. The role also and renumbers various sections in accordance with the 

### roles of the administrative rules**coordina~r.** 

### The 

### Department states that 

### developers, cities, counties, driOOng Water system 

### owners, consultants, engineers, and 

### the public at large may be

### interested in 

### commenting on the rule. The proposed 

### rule appears 

### to 

### be 

### authorizedby Chapters I, Title 39, and 

### Chapter 21, Title 37, Idaho 

### Code. 

### The Department states 

### that 

### there is no federal law orregulation that 

### is comparable to 

### plan and 

### specification review and facility standard

### provisions set 

### forth in the proposed rule and 

### thattherefore, tho 

### proposed changes to 

### the 

### role are notbroader.in scope 

### or more stringent

### than federal 

### law orregulations. The 

### Department notes, however, the engineering standards for**desi~** 

### construction, and 

### the operation ofpublic drinking water systems 

### regulate activities that 

### are not regulated by the 

### federal government According to 

### the Department, the standards 

### were originally promulgated to 

### fulfill the requirements ofSection 39-118, Idaho Code, and 

### pre-date the 

### Safe Drinking WaterAct The

### Department states 

### that the proposed 

### rules address the 

### review 

### and approval of plans and specifications for public drinking water systems 

### and the standard by which the 

### agency does 

### the review and approval. The Department also notes that, 

### although not an activity 

### regulated by the 

### federal government, it is an activity that 

### DEQ bas'

. 

### regulated for years pursuant to 

### Section 39·118;Idaho Code, 

### and mAPA 58.01.08. The 

### Department states 

### that to 

### the extent DEQ is not proposing any new regulation ofactivities, Section 39-1070, Idaho 

### Code, is probably not applicable. DEQ goes on to 

### cite provisions ofSS 1220, enacted 

### during the 

### 2005 Legislative Session. The 

### law, in 

### part, amends Section 39-118, Idaho Code, requiring that 

### all plans and 

### specifications reviewed by DEQ comply with facility and**design~.** 

### DEQ is directed to

### work with professional engineers to 

### establish such 

### standards. DEQ notes that DEQ currently reviews plans and 

### specifications according to 

### the Drinking WaterRules. The proposed rule adds 

### explicit facility standards that 

### must be 

### met in 

### the Page 4 of 9**,,~,**

(.:­

I

# I­

# • 

# • review and approval process. According to DEQ, the 

### mle appears 

### to modify the existing DEQ regulatory 

### program and 

### therefore it is 

### unclear whether the 

### proposed mle is subject 

### to the 

### provisions ofSection 39-1070, Idaho Code. 

### The Department continues that in the 

### event Section 39-1070, Idaho Code, is 

### deemed to apply to the

### proposed rule, 

### that section provides that any such mle that 

### proposes a standard necessary to protect 

### human health 

### and the 

### environment must also include in the mlemaldng record 

### and in the notice additional information including any estimates ofrisk 

### accomplished, identitkation of populations orreceptors addressed by

### any estimates. and 

### other information related to an estimation 

### ofrisk. 

### The Department states 

### that the

### proposed standatds, 

### however, are for the 

### design and construction ofpublic drinking water facilities and 

### are 

### not based on any express estimate or analysis 

### ofrisk

### to pubJic health orthe

### environment Instead, the 

### Department states

### that the 

### facility standards are 

### based upon guidelines 

### set forth in references that are 

### generally 

### accepted and used

### throughoutthe**U.S~** 

### by engineers and stateregulators. 

### We have several comments and 

### suggestions relating to this rule. 

# • References contained in subparts.o and.p ofmAPA58.01.08.002.01 contain the 

### phrase "and

### subsequent revisions." The 

### Department is aware 

### that it is 

### ill advised to 

### use this

### phrase for any document that is

### being incorporatedbyreference. However, the 

### Department clarified for us that the particular documents 

### at issue 

### are onlynoted as guidance 

### documents and 

### are not incorporated 

### byreference anywhere in the body

### ofthe mle. Subpart 

### 06.g.ii(2)(a) ofmAPA 

### 58.01.08.550 requires a typographical 

### correction. We also 

### inquired about subpart .03.tv. 

### ofmAPA58.01.08.550, found on page 15 ofthe proposed mle. This 

### subpart deals with water

### supplyrelated to certain types 

### ofacquifers. 

### The 

### Department explained thatthe

### reason this 

### subpart was 

### added'is that

### during negotiatedmlemaking concerns 

### were raised 

### about a

### growing problem with mountain communities drilling into fiactured 

### rock aquifers. Ifwater 

### is 

### drawn out ofthese types 

### ofaquifers without

### recharge the wells go dry. Pump tests 

### are not

### entirelyreliable in testing for this possibility. 'Ibis 

### addition would allow the

### Department to require additional testing. 

# • The 

### revisions to Section 39-118, Idaho Code, which led to these mle revisions, provided for review of plans and 

### specifications by

### a "qualified licensed professional engineer." Subpart 

### .04.a. ofmAPA 

### 58.01.08.551 (page 27) is 

### more narrowlywritten and provides for review by

### a "qualified

### Idaho licensed professional engineerwho was not involved in the

### preparation ofthe

### plans and specifications being reviewed to verifycompliance with the

### requirements ofthese roles prior to initiation ofconstruction:." 

# • Ymally, we pointed out to the Department that the 

### language ofsubpart .04.g. of IDAPA 58.01.08.551 (page 

### 30) 

### varies from statutory language

### in that the 

### proposed rule 

### provides: "Such submittal by

### theprofessional engineer

### must 

### confirm material compliance with the 

### approved plans and

### specifications or Page 

### 5 of 9

### disclose anymaterial 

### modijicatioM thereto. Ifthe 

### coostruction does 

### not materially deviate tiom 

### the 

### approvedp/aM and 

### specificatioDs, the owner

### may '­ have a statement to 

### that effect prepa:red by

### a 

### quoll/l«lIdo.ho lieeosedprofi;ssional engineer and 

### filed with the 

### Department in 

### lieu ofsubmitting 

### a complete and accurate 

### set ofrecord

### pllJ1Lf and

### specijicDtions." Section 39-118, Idaho Code, 

### provides: "Such submittal by 

### the 

### professional engineer must confirm material compliance with 

### the approved plans or disclose any material 

### deviations therefrom. If

### construction does 

### not materially deviate 

### ftom the 

### originalp/1J1Lf

### and specifications

### previouslyprovidedto 

### the department, the ownermay have a statement to 

### that effect prepared

### bya licensed professional engineer 

### and tiled with the department 

### in lieu ofsubmitting**~** 

### complete and 

### accurate 

### set ofrecord 

### drawings." The 

### use ofthe 

### phrase "material modification" versus "material deviation" may be 

### significantinthat 

### although the 

### phrase "material 

### modification" was defined in the 

### statute, the 

### phrase "material deviation" 

### was defined as the 

### result ofnegotiated rulemaking only. 

## The Department informed us that they 

### would be 

### reviewina this 

### section for potential 

### modification to

### more closely mirror the statute. 6. IDAPA 58.01.13

- 

### Rules for Ore 

### Processing by Cyanidation The 

### Department ofEnviromnental Quality submits notice of proposed rulcmaking 

### at IDAP A 58.01.13

- 

### Rules for Ore 

### Processing byCyanidation.

According to the 

### Department, negotiated rulemaking was conducted indeveloping the rule. The Department states 

### that 

### the ruJemaking has 

### been initiatedto revise 

### the rule in response to 

### the Idaho 

### Conservation League's Petition for Initiation ofRulemating tiled with the Board 

### in February, 2005, address 

### an increase 

### in fees associated 

### with the permitting process, 

### address 

### other changes deemed 

### necessary to 

### assure consistencywith 

### state and 

### federal law 

### and the 

### efficient operation ofa system for permitting ore processing by

### cyanidation within the 

### state, revise the 

### rules as necessary for consistencywith changes made 

### during earlierruIemaJdng setforth 

### in DocketNo. 58-0113-0501 

### (LSO memorandum ofJuly II, 2005), and 

### to revise 

### various general provisions in accordance with the rules ofthe 

### Administrative Rules Coordinator. The 

### Department notes that 

### the 

### Idaho Mining Association, Independent Miners 

### Association, the Idaho Conservation League, Idaho Rivers United, the 

### U.S. EPA, mining companies, associated 

### grass roots environmental and multiple use organizations, and 

### the public at large may be 

### interested in commenting on the 

### proposed rule. The 

### proposedrule appears 

### to be 

### authorized byChapter 

### I, Title 39, Idaho 

### Code. The 

### Department indicates that the rule regulates an activity not 

### regulated bythe federal government and summarizes the 

### additional information required by Section 39-I070,

### Idaho Code 

### (Please see the Department's Notice ofRuJemaking enclosed herein

- 

### specificallypages 2 and 

### 3). The 

### Department notes that 

### the 

### information is 

### based upon 

### best available peerreviewed science and 

# - Page60f 9

### studies and 

### aoaIyses conducted 

### by the regulated mining community in

### Idaho and 

### Nevada, the State 

### ofNcvada, otllCl' states, 

### the 

### EPA and the

### Idaho 

### Conservation League. 

### According to

### the**Departmen~** 

### the studies indicate that 

### the 

### requirements are protective ofbumanhealth and

### the environment and do not pose 

### an unreasonable risk to 

### the public. We contacted the Department with a

### numberofquestions 

### relating to 

### this rule. As 

### noted above, the Department submitted 

### atemporaryrule involving this chapter in July

### ofthis )aT, 

### reference DocketNo. 58-0113-0501 (LSO 

### memorandum ofJuly 11.2005). We 

### asbdthe 

### Department why the 

### revisions were not 

### submitted 

### aU at

### one 

### time. The 

### Department 

### indicated that 

### because it 

### was required by 

### legislation passed during 

### the 2005 Legislative Session (SB 1169)

### to have 

### atemporaryrule in place by 

### August 1, 2005, and

### because the 

### legislation

### provided 

### a very defined narrow scope 

### ofnIlemaldng, the 

### Department elected to 

### complete 

### that requirement first 

### with 

### atemporary rule and continue the negotiatedrulemaking 

### process. In

### doing 

### so, it

### determined that

### there were 

### a numberof

### areas ofthe rule that 

### needed to 

### be 

### clarified and updated.

.As

### a resuJt ofthe extendednegotiated rulemaking, the proposed

### rule was drafted. We also note

### that the definition of"BestManagement Practices (BMPs)

### was modified from the version in the 

### July 

### 13, 2005 temporary nile by

### replacing the word 

### "and" and the 

### word "or"in the

### phrase "(p

### )ractices, techDiques ormeasures developed, oridentified, bythe 

### designated 

### agency and

## m: identified in the state

### waterqualitymanagement

## pJan.•." The Department 

### indicated that the 

### word 

### was changed as part 

### ofthe changes 

### recommended during the 

### extended negotiatedrulemaking. We indicated to 

### the

### Department thatthis 

### definition varies from the 

### definition of"Best

### ManagementPractices" used 

### in 58-01-02 (Water 

### Quality Standards and 

### Wastewater Treatment Requirements) as 

### an example, in which the 

### word "and"is

### used rather than 

### the word &&or."

7. IDAPA 58.01.16

- WastewJterRules The Departmentof Environmental Quality submits notice of proposed

### ruJemaking at IDAPA 58.01.16

- WastewaterRules to 

### establish facility and 

### design standards. The

### rule 

### was drafted following negotiated 

### rulemaking. According to 

### the 

### Department, the rule 

### was drafted in 

### response to legislation passed during 

### the 2005 Legislative 

### Session requiring the Department to 

### establish facility and 

### design 

### standards. This rule is similar

### to the 

### rule proposed for public drinking water 

### systems analyzed 

### in section (5) 

### ofthis memorandum but

### covers 

### wastewater faCilities rather than 

### public drinking water 

### systems. The Department notes that the

### rule includes certain wastewater treatmentrequirements moved, and

### revised ifnecessary, fiom existing rules, standards 

### for design ofwastewaterconection system 

### line extensions and licensing

### provisions. The Department states 

### that wastewater system 

### owners and operators, developers, consultants, engineers, cities, counties, industry 

### wastewaterprofessional organizations, and

### the 

### public at large 

### may be 

### interested in commenting on 

### the nile. The Department confinns that the proposed changes 

### are not broader 

### in scope 

### or

### more Page 7 

### of 9

### stringent than federal law orregulations. The

### rule will regulate an activitynot regulatedbythe federal government. The Department 

### notes, however, that the 

### activity is 

### one that 

### DEQ 

### has regulated for years 

### pursuant to 

### Section 39-118, Idaho Code and

### DEQ·s Wastewater Qua1ity 

### Standards.**1berefo~** 

### the Department states that, to 

### the 

### extent DEQ is not proposing 

### any 

### new regulation ofactivities, the provisions ofSection 39-107D. Idaho Code, 

### are most

### likely 

### not applicable. The 

### Department continues that the 

### 200S Legislative changes to 

### Section 39-118, Idaho Code, required 

### itto

### wort. with professional engineers to 

### establish facility and 

### design standards. Inthe past, 

### DEQ reviewed plans and 

### specifications according 

### to 

### the Wastewater Quality Standards whichreferenced the ''Recommended 

### Standards for Sewage 

### Works" as 

### the principle tool DEQ 

### would

### use in

### its review. The proposed 

### rules also provide for this 

### reference but also add 

### explicit facility standards that must be metin 

### the 

### review and 

### approval process. Consequently, the Departmentnotes that 

### the ruJe, in 

### this 

### way, modifies the existing

### regulatory program and based onthis fact 

### the 

### Departnient states 

### it is 

### unclearwhether the provisions ofSection 39-107D, Idaho Code, 

### apply. The Department 

### continues that in the event it is 

### deemed applicable, subsection (3) 

### 'of39-107D, Idaho Code, 

### provides that anyrule that

### proposes 

### a standard 

### necessary to

### protect human health and the 

### environment must

### provide additional information related to 

### estimations of risk. 

### The Department states that this 

### rule includes facility 

### standards which are intended to 

### protect human health andthe 

### environmentbutthe standards are for the 

### design and

### construction ofwaste treatment and disposal facilities. The 

### rules are not based on any express estimate 

### or analysis of risk to public health or the environmentbut rather 

### on guidelines set 

### forth in documents such as the 

### "R.ecommended Standards for Wastewater Facilities" generally 

### accepted and 

### used 

### in the 

### industry. The 

### proposedrule appears tobe

### authorized by Chapters 1 and 

### 36, 

### Title 39, Idaho Code. We contacted the Departmentwith several questions and 

### comments similar

### to 

### those raised in regard to 

### the 

### changes to 

### the 

### public drinkingwater 

### systems rule analyzed 

### in section (S) 

### ofthis memorandum, specifically those involving some discrepancies in the language ofSection 39-118, Idaho Code, and the language ofthe 

### proposedrule. In

### addition, sanitary sewer 

### extension is defined as "an extension ofan existingwastewater 

### collection system 

### that 

### does notrequire a lift station 

### or fon:emain and 

### is intended to 

### increase the 

### service area ofthe wastewater 

### collection system." 

### Section 39-118, Idaho Code, does not define the

### phrase.

cc: Department 

### ofEnvironmental Quality Paula

### J. Wilson Christopher 

### Ramsdell Martin 

### Bauer Don Essig Mark 

### Mason 

### Tom John 10hnLawson Mark

### Mason
Page 80f 8

### CERTIFICATE OF HEARING
SUBJECT: Rules for the Control ofAir Pollution in Idaho, Docket Nos. 

### 58-0101"()504 and 

### 58-0101"()S07 LOCATION: DEQ Conference Center, 

### 1410 N. HiHon, Boise, Idaho HEARING DATE: October 

### 11, 2005 The undersigned designated hearing officer hereby certifies that on the 

### 11111 day of October, 

### 2005. a public hearing was held on the Rules for the Control ofAir Pollution in Idaho at the DEQ conference center in Boise, Idaho. The hearing commenced 

### at 4 p.m. and was adjourned at

## 4~Jt, p.m. No members oftha public attended the hearing. Notice of this hearing appeared in the Idaho Administrative Bulletin, as required by Idaho Code Section 

### 67-5221, on September 

### 7, 2OOS. This publication was timely made and other necessary notice requirements have been met.
DATED this 

### 11 fh 

### day ofOctober, 

### 2005.

Hearing Officer

(- CERTifiCATE OF HEARING. 

### State ofIdaho

.

## ~. DEPARTMENT OF ENVIRONMENTAL QUALITY**~,** (," .' , , i .... 

## Board ofEnvironmental Quality

1410 North Hilton, BoI

.., 10 83701-1255, (208) 373-0502 Dirk Kempthome, Governor Toni Hardesty, Director
DECLARATION OF RULE MAKING BY THE BOARD OF ENVIRONMENTAL QUALITY ADOPTION OF PENDING RULES DOCKET NO. 58..0101..0507 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,l declare that the Rules for the Control ofAir Pollution in Idaho are hereby adopted as pending rules as presented in the attached Final Proposal.

STATE OF IDAHO ss. County ofAda On this 17'" day of November, 2005, 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

### PUbIiC~~/ Res!ding 

### at

### ~$d 

### D**ExPlres:_---I_~~'-liII-~~'---**FINAL PROPOSAL 

# - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO, DOCKET NO. 580101-0507 The Department of Environmental Quality recommends that the Board of Environmental Quality adoptthe rule as initially proposed in the Idaho Administrative Bulletin, September7, 2005, Vol. 05­ 9, pages 323 through 326.



# .­

# c RULE PROMULGATION AUTHORITY CHECKLIST Rules 

### for the Control of Air Pollution in Idaho. IDAPA 58.01.01 Pennitting Clarification 

### Docket No. 58-0101- 

## 0517
DATE INITIALS

# ~~~ Legal Review of 

### Proposed Administrative Rules Fonn 

# 'r/'o/f>l1 

# H-. DirectorApproval of Proposed Administrative Rules Fonn Approval Received 

### from DFWGovemor 

# tbJ/.o-l 1[lr/aS**:-++~f-,--_** . Legal Review of ProposedlTemporary Rule Docket 

# "1/,...., \J 

# ill- Director Approval of ProposedITemporary Rule Docket
Board Adoption of

### Ternporary Rule Legal Review of 

### Pending/Temporary Rule Docket
Director Approval of 

### Pending/Temporary Rule Docket
Board Adoption of Pending/Temporary Rule 

# ;i J1

# t{Jf'

. I0

# h"IJOJ



# (­Docket Number: 58=0101=0507 Effective Date: 2006 Sine die Rul

.. TItle: Rules for the Control ofAir Pollution in Idaho Agency Contact and Phone: Martin 8aupr. 373..Q440 Public Notice Negotiated Rule Making: [x]yes []No Groups Involved: sign..jn sheet attached

Descriptive Summary: The Department of Environmental Quality (DEQ) is proposing revisions to the Rules for the Control ofAir PollutiOn in Idaho for certain currently-listed sources that are exempt from obtaining an air quality permit to construct. DEQ proposes to delete the director's discretion exemption. which is not approved by the federal govemment as part ofthe state implementation plan (SIP). and replace itwith three specific exemptions. Two ofthese proposed source exemptions are currently exempt under the Director's discretion. If approved. DEQ Intends to submit the rule docket as a SIP reVision. Facility types affected ar:e certain size crematoriums, certain petroleum remediation sources and dry cleaning facilities that are not major sources. In addition, DEQ proposes to increase the number ofoperating hours allowed for stationary intemal combustion engines used for emergency purposes. 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 Second Regular Session ofthe Fifty--eighth Idaho Legislature. The rule is subject to review by the Legislature before becoming final and effective. Hearings: [X] Yes []No Locations and. Dates: Boise, 10/11/05

Written Comment Deadline: 10/11105

Coat Impact Agency: The changes in the permitting program should provide Iong-tenn reductions in OEa costs through development of. more efficient pennitUng process. Regulated Community: The proposed revisions will clarify applicable requirements for industry I making it easier for industry and the state to ensure compliance.

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

Idaho Code § 39 M107D 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. Idaho Code § 67-5221(c) Flacallmpact Statement: No negative impact occurs from this rulemaking; provision is not applicable.

Rulemaking and Public Comment Summary
- Page 1

### .~**)-~** 

## t­**~\** 

### r\ I 

# _ . f!

_____

# .l.I_-------------­**Tefl'll._.~~R!!"u~le--~!!"!!"!"---!"-~~""!"'!'!'-'l"'I~-~""""** l J Necessary to protect public health, safety or welfalv

. . 1 [ ) Compliance with deadlines in amendments to goveming law or federal programs [ ) Confening a benefit

Docket Number: §§::Q:HJ1::Q§QZ
Section
22Z existing Rule Summary Category II exemption. Temporary andlor Proposed Rule Summary This rule adds certain size crematoriums, certain petroleum remediation sources and dry cleaning facilities that are not major sources to the list of sources exempt from obtaining an air quality permit to construct Summary of Rule Chang

.. Based on Public Comment No comment received. 

### No change. Outstanding luu

.. None.

Rulemaking and Public Comment Summary
- Page 2222 J Temporary Rule [ ] Necessary to protect public health, safety orwelfare [ ) Cc ;npliance with deadlines in amendments to governing law or federal prog\'8ms [ ) Conferring a benefit

Docket Number: §8-01Q1::2§QZ
Section Outstanding "'uea Rule Summary Summary of Rule Chang

.. ExlsOng Rule Summary Temporary and/or Proposed Ba8ed on Public Comment This rule adds certain size None. No comment received. No Category II ExempOon. crematoriums, certain petroleum change. remediation sources and dry cleaning facilities that are not major sources to the list of sources exempt from obtaining an air**qI.Iali~rmit to~nstrug** **~** --

.... ...--

..--

...­**-~**



# , Rulemaking and Public Comment Summary
- Page 2 

# r 

# r

## Proposed Motions for the November 2005 Meeting ofthe Idaho Board of Environmental Quality

Agenda Item #14
Rules for the Control ofAir Pollution in Idaho, Docket No. 58-0101-0507

I movethat the Idaho Board of Environmental Quality adoptthe Rules forthe Control of Air Pollution in Idaho as presented in the final proposal under Docket No. 58-0101-0507.FINAL PROPOSAL 

# - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO, DOCKET NO. 580101-0507 The Department of Environmental Quality recommends that the Board of Environmental Quality adopt the rule as initially proposed in the Idaho Administrative Bulletin, September7, 2005, Vol. 05-9, pages 323 through 326.



# (



# -IDAPA 58
- DEPARTMENT OF ENVIRONMENTAL QUALITY 58.01.01
- RULES FOR THE CONTROL OF AIR POLLU110N IN IDAHO DOCKET NO. 58-0101-0507 NonCE 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 2006 Idaho State Legislature for final approval. The pending rule will become final and effective immediately upon the adjournment sine die ofthe Second Regular Session ofthe Fiftyeighth 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,ldaho Code. DESCRIPTIVE SUMMARY: This rulemaldng includes revisions to the Rules for the Control ofAir Pollution in Idaho for certain currently-listed sources that are exempt from obtaining an air quality permit 

### to construct. This pending rule deletes the directors discretion exemption, which is not approved by the federal government as part ofthe state implementation plan (SIP), and replace it with three specific exemptions. Two ofthese source exemptions are currently exempt under the Directors discretion. If approved by the Legislature, DEQ intends 

### to submit the final rule as a SIP revision. Facility types affected are certain size crematoriums, <?8rtain petroleum remediation sources and dry cleaning facilities that are 

### not major sources. In addition, this rule increases the number of operating hours allowed for stationary intemal combustion engines used for emergency purposes. The agency received no public comments, and the rule has been adopted as initially proposed in the Idaho Administrative Bulletin, September 7, 2005, Vol. 05-9, pages 323 through 326. The Rulemaldng and Public Comment Summary can be obtained at www.deq,jdaho.govor by contacting the undersigned. ,/ ( IDAHO CODE SECnON 39-107D 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 law or regulations. IDAHO CODE SECnON 67-5224(2)(f) FISCAL IMPACTSTATEMENT: No negative impactoccurs from this rulemaldng; provisioR is not applicable.

. GENERAL INFORMAnON: For more information about DEQ's programs and activities, visit DEQ'sweb site at www.deq.idaho.gov. ASSISTANCE ON TECHNICAL QUEmONS: For assistance on technical questions concerning this rulemaking, contact Martin Bauer at martin.bauer@c;tea.idaho.gov, (208) 373-0440. DATED this 1611'1 day ofNovember, 2005.
Paula J. VVilson Hearing Coordinator Department of Environmental Quality 1410 N. Hilton Boise, Idaho 83706-1255 (208)373-04181Fax No. (208)373-0481 paula.wilson@deq.idaho.gov