--- 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; +{, Co"- rf Iv!.,! 

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 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 58-01 01"'()503 - Regulated Air Pollutants 

Please note that the revision made to Subsection 006. 55.b - Definition of Modification, which 

refers to "state only toxic air pollutant, " is not to be included in the Idaho SIP. The revision to 

this subsection is included in this submittal only for EPA'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 of the federal Clean Air Act and 

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

in emission limits. 

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

22. 2003 and April 2, 2004 for indusion in the Idaho SIP. We understand these documents will 
Michael 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 of these rules. please contact Martin Bauer, 

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

provide assistance to ensure Idahds SIP is updated as soon as possible. 

Sincerely. 

/o-n~~ Toni Hardesty 

Director 

TH/ph 

Enclosures 

c: Martin Bauer, DEQ 
STATE 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 of Air Pollution in Idaho (Air Rules), 

IDAPA 58.01.01, as edited in the attachments, as atrevision to Appendix A.3 of the 

Implementation Plan for the Control of Air 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 

IV' 11-\AI ? (0 P05AI -
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 of Environmental 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 of Air Pollution in Idaho" for certain currently-listed sources that are exempt from obtaining 

an air quality permit to construct. 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 of the rule has been developed by DEQ in conjunction with a negotiating committee made up of persons 

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 of the 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 of Environmental 

Quality in November 2005 for adoption of a pending rule. The rule is expected to be final and effective upon the 

adjournment ofthe 2006 legislative 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 stringent than 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 of the 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 of Negotiated 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 or e-mail at the address below ~arding this proposed rule. DEQ 

will consider all written comments received by the undersigned on or before October 11. 2005. 

ld.llo Administrative Bulletin Page31J September 7,lOOS - Vol. 05-9 
DEPARTMENT OF ENVIRONMENTAL QUAUTY Docket No. 51-0101-1)507 


Rules for the Control ofAir Pollution 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)373-04 I 8IFax 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 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 radionuclides 

standard in 40 CPR Part 61, Subpart H. (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 by natural gas, propane gas, liquefied petroleum gas, distillate fuel oils, residual fuel oils, and diesel 

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

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

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

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

per month. (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 one hundred 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 September 7, ZOOS - VoL 05-9 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 5U1D1.q507 


Rules for the ConfrOl ofAIr Pollution In Idaho Proposed Rulemaklng 


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

~~~ ~ 

eo A pilot plant that uses a slip stream ftom an existing process stream not to exceed ten percent (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 of ten (10) by multiplying either the acceptable ambient concentration or the 

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

ii. The source shall have uncontroUed potential emissions that are less than one percent (1%) of the 

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 or recorders, 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 of Jess than fifty (SO) million btu's per hour 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 space beater burns only used oil that the owner or operator 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 of Subsection 222.02.h., "'used oil" refers to any oil that has been refined ftom 

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

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 September 7, 2005 - Vol. 0S-9 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-11501 


'­

Rules for the Control ofAI, Pollution In Idaho Proposed Ru/emaklng 


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

(0.5) million BnJ per 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 of modem commercial design and manufacture, except that a 

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

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

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

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 Fahrenheit while 

qperatin8· 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 capnot be used if 

the remediation is within five hundred (500) feet ofa sensitive rece.ptot Forms are available at www.deq.idaho.&ov to 

help assist sources in this exemption determination. L-J 

L DIy cleanin& 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 

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l'efJtH!St. AllSBNl"tlea aempietJ by tire E>qHwfmePft shtill: (4 5 9lJ) 

• Be tJrttil~eti by the lJeptff'fme191 aMt/elermi"eti HI meet life l'eI/NiremmB e}Srmseeti6lffl 229.9.'.a.i.. 

attt/229.9-l.a.ii. (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;,. '1Ntllily ata"dtmJ. (4 5 99J 

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

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LIST OF PUBLIC COMMENTS 


Proposed Rules for the Control of Air 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, 2005 
Kat 

PrinCIpal legal Analyst 

Legislative Services Office 

Idaho State Legislature 

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

Boise, 10 83720-0054 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 of Air Pollution In IdaholEmlsslon Registration 

Requirements (Docket #58-0101-0504) 

58.01.01 	

from 

Rules 

Permit 


for Control of Air Pollution In Idaho/Revises Sources Exempt - (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 Jefr Youtz, 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 IPA'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 

MEMORANDUM Boise. 10 8372G-OOS4

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 Technology Committee 


FROM: 	 Research & Legislation Staff - Katharine Genity ~ 

DATE: 	 August 9, 2005 

SUBJECf: 	 Department ofEnvironmental Quality 

IDAPA 58.01.01 .. Rules for the Control ofAir Pollution in IdahoIEmission 

Registration Requirements 

IDAPA 58.01.01 - Rules for the Control ofAir Pollution in IdahoIRevises Sources 

Exempt ftom Permit 

IDAPA 58.01.02 .. Water Quality Standards and Wastewater Treatment 

RequirementslR.evises HH Criteria 

IDAPA 58.01.02 .. WaterQuaJity Standards and Wastewater Treatment 

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 - Wastewater Rules to Establish Facility and Design Standards 

1. lDAPA 58.01.01 .. Rules for the Control ofAil 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 Jeff Youtz, 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 industry and DEQ efficiency for the two required projects. In 

addition, the Department notes that the change will allow emissions data submissions to be -. 

completed using a web-based collection program. The Department notes that this change.will 

increase efficiency for most facilities and DEQ staffas 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 

a pending and temporary rule. The temporary rule would go into effect in January, 2006. 

The proposed rule appears to be 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. 

2. IDAPA 58.01.01 - Rules for the Control ofAir Pollution in Idaho 

The Department of Environmental Quality submits notice ofproposed rulcmaking at 

IDAPA 58.01.01 - Rules for the Control ofAir Pollution relating to the revision ofsources 

exempt from permit. 

According to the Department, the purpose 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 

quality permit 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 emergency purposes. 

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 

of air 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 Dot regulate an activity Dot regulated by the federal 

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

.­

Page 2 of 9 
£~ 

.~ 

(­

3. IDAPA 58.01.02 - Water Quality Standards and Wastewater Treatment 

Rec;minments 

The Department ofEnviromnental Quality submits notice ofproposed rulemaking at 

lDAPA 58.01.02· Water Quality 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 Department proposes 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, or those who recreate in or obtain their drinking water from 

surface waters ofIdaho, mar be 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 activity not regulated by 

the federal government, nor is it broader in 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 

wastewater treatment 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 entirely to 

water quality. The Department notes that it bas been in contact with the Administrative Rules 

Coordinator and that they will modify the tide to the role at a later date provided the roles are 

approved. 

4. lDAPA 58.01.02 - Water Quality Standards and Wastewater Treatment 


R.egpirements 


The Depaltment submits notice ofa proposed mle at lDAP A 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 or that 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 it broader 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 Department to establish facility and design standards. The Department notes that 

portions ofthe existing rule, 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 authorized by Chapters I, Title 39, and Chapter 21, Title 

37, Idaho Code. The Department states that there is no federal law or regulation that is 

comparable to plan and specification review and facility standard provisions set forth in the 

proposed rule and that therefore, tho proposed changes to the role are not broader.in scope or 

more stringent than federal law or regulations. 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 Water Act The Department states that the proposed rules address 

the review and approval ofplans 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 Water Rules. 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 ofpopulations or receptors 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 or the environment Instead, the Department 

states that the facility standards are based upon guidelines set forth in references that are 

generally accepted and used throughout the U.S~ by engineers and state regulators. 

We have several comments and suggestions relating to this rule. 

• References contained in subparts.o and.p ofmAPA 58.01.08.002.01 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 incorporated by reference. 

However, the Department clarified for us that the particular documents at issue are 

only noted as guidance documents and are not incorporated by reference 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. ofmAPA 58.01.08.550, found on page 15 

ofthe proposed mle. This subpart deals with water supply related to certain types 

ofacquifers. The Department explained that the reason this subpart was added'is 

that during negotiated mlemaking 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 entirely reliable 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 ofplans and specifications by a "qualified licensed 

professional engineer." Subpart .04.a. ofmAPA 58.01.08.551 (page 27) is more 

narrowly written and provides for review by a "qualified Idaho licensed 

professional engineer who was not involved in the preparation ofthe plans and 

specifications being reviewed to verify compliance 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 the professional engineer must 

confirm material compliance with the approved plans andspecifications or 

Page 5 of 9 
disclose any material 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 lieeosed profi;ssional 

engineer and filed with the Department in lieu ofsubmitting a complete and 

accurate set ofrecordpllJ1Lf andspecijicDtions." 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. 

Ifconstruction does not materially deviate ftom the originalp/1J1Lf and 

specifications previously provided to the department, the owner may have a 

statement to that effect prepared by a licensed professional engineer and tiled with 

the department in lieu ofsubmitting ~ complete and accurate set ofrecord 

drawings." The use of the phrase "material modification" versus "material 

deviation" may be significant in that 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 ofproposed rulcmaking at 

IDAPA 58.01.13 - Rules for Ore Processing by Cyanidation. 

According to the Department, negotiated rulemaking was conducted in developing the 

rule. The Department states that the ruJemaking has been initiated to 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 consistency with 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 consistency with changes made during earlier ruIemaJdng set forth in 

Docket No. 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 proposed rule appears to be authorized by Chapter I, Title 39, Idaho Code. The 

Department indicates that the rule regulates an activity not regulated by the federal government 

and summarizes the additional information required by Section 39-I 070, Idaho Code (Please see 

the Department's Notice ofRuJemaking enclosed herein - specifically pages 2 and 3). The 

Department notes that the information is based upon best available peer reviewed 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 ofbuman health and the 

environment and do not pose an unreasonable risk to the public. 

We contacted the Department with a number ofquestions relating to this rule. As noted 

above, the Department submitted a temporary rule involving this chapter in July of this )aT, 

reference Docket No. 58-0113-0501 (LSO memorandum ofJuly 11.2005). We asbd the 

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 a temporary rule 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 a temporary rule and continue the negotiated rulemaking process. In doing so, it determined 

that there were a number of areas ofthe rule that needed to be clarified and updated. .As a resuJt 

ofthe extended negotiated rulemaking, the proposed rule was drafted. 

We also note that the definition of"Best Management 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 or measures developed, or identified, by the designated 

agency and m: identified in the state water quality management pJan.•." The Department 

indicated that the word was changed as part ofthe changes recommended during the extended 

negotiated rulemaking. We indicated to the Department that this definition varies from the 

definition of"Best Management Practices" 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 - WastewJter Rules 

The Department ofEnvironmental Quality submits notice ofproposed ruJemaking at 

IDAPA 58.01.16 - Wastewater Rules 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 treatment requirements moved, and revised ifnecessary, fiom existing rules, 

standards for design ofwastewater conection system line extensions and licensing provisions. 

The Department states that wastewater system owners and operators, developers, consultants, 

engineers, cities, counties, industry wastewater professional 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 or regulations. The rule will regulate an activity not regulated by the 

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 it to wort. with professional engineers to establish facility and design standards. 

In the past, DEQ reviewed plans and specifications according to the Wastewater Quality 

Standards which referenced 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 met in the review and approval process. Consequently, the 

Department notes that the ruJe, in this way, modifies the existing regulatory program and based 

on this fact the Departnient states it is unclear whether the provisions ofSection 39-107D, Idaho 

Code, apply. The Department continues that in the event it is deemed applicable, subsection (3) 

'of 39-107D, Idaho Code, provides that any rule 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 and the environment but the 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 environment but rather on guidelines set forth in documents such as 

the "R.ecommended Standards for Wastewater Facilities" generally accepted and used in the 

industry. 

The proposed rule appears to be authorized by Chapters 1 and 36, Title 39, Idaho Code. 

We contacted the Department with several questions and comments similar to those raised 

in regard to the changes to the public drinking water 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 proposed rule. In addition, sanitary sewer extension is 

defined as "an extension ofan existing wastewater collection system that does not require 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 of Air 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 of Air 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 11fh day of October, 2005. 

Hearing Officer 

(- CERTifiCATE OF HEARING 

. State of Idaho 

~, . ~. 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 RULEMAKING 


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 of Air Pollution in Idaho are hereby adopted as pending rules as 

presented in the attached Final Proposal. 

STATE OF IDAHO 


ss. 

County of Ada 

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 ~$dD 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 

adopt the 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-. Director Approval of Proposed Administrative Rules Fonn 

tbJ/.o-l Approval Received from DFWGovemor

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 

;iJ1t{Jf' . 

I0 h"IJ OJ 

(­
Docket Number: 58=0101=0507 

Effective Date: 2006 Sine die 

Rul..TItle: Rules for the Control of Air 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 of Air 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 of the state 

implementation plan (SIP). and replace it with three specific exemptions. Two of these 

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 of operating 

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 industryI making it easier for 

industry and the state to ensure compliance. 

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

Idaho Code § 39M 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 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\ 

_ . f!_____.l.I_-------------­ 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 2 
222 

J 

Temporary Rule 	 [ ] Necessary to protect public health, safety or welfare 

[ ) 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 

ExlsOng Rule Summary Temporary and/or Proposed Summary of Rule Chang..

Ba8ed on Public Comment 

This rule adds certain size Category II ExempOon. No comment received. No None. 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 of the Idaho Board of Environmental Quality 


Agenda Item #14 

Rules for the Control of Air Pollution in Idaho, Docket No. 58-0101-0507 

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. 58-0101-0507. 
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 of the Second Regular Session of the 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 of the state implementation plan (SIP), and replace it with three specific 

exemptions. Two of these 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 IMPACT STATEMENT: No negative impact occurs from this 

rulemaldng; provisioR is not applicable. . 

GENERAL INFORMA nON: For more information about DEQ's programs and activities, visit DEQ's web 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 of November, 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