Page 1 EPA-Approved Regulations for Idaho Department of Environmental Quality

IDAPA 58 - DEPARTMENT OF ENVIRONMENTAL QUALITY

58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO

SECTION 58.01.01.001. TITLE AND SCOPE These rules shall be cited as IDAPA 58.01.01, Ru les of the Department of Environmental Quality, IDAPA 58.01.01, “Rules for the Control of Air Pollution in Idaho”. These rules provide for the control of air pollution in Idaho.

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.004. CATCHLINES Catchlines within this chapter are not to be utilized in the interpretation of the rules.

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.005. DEFINITIONS The purpose of Sections 005 through 008 is to asse mble definitions used throughout this chapter.

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.006. GENERAL DEFINITIONS

01. Accountable . Any SIP emission trading program must account for the aggregate effect of

the emissions trades in the demonstration of reasonable further progress, attainment, or maintenance. (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

02. Act . The Environmental Protection and Health Act of 1972 as amended (Sections 39-101 through 39-130, Idaho Code). (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

03. Actual Emissions . The actual rate of emissions of a pollutant from an emissions unit as determined in accordance with the following: (4-5-00)

a. In general, actual emissions as of a particul ar date shall equal the average rate, in tons per year, at which the unit actually emitted th e pollutant during a two-year period which precedes the particular date and which is re presentative of normal source operation. The Department shall allow the use of a different time period upon a determ ination that it is more representative of normal source operation. Actual emissions shall be calculated using the unit’s actual operating hours, production rate s, and types of materials processed, stored, or combusted during the sele cted time period. (4-5-00)

b. The Department may presume that the source-specific allowable emissions for the unit are equivalent to actual emi ssions of the unit. (4-5-00)

c. For any emissions unit (other than an elec tric utility steam generating unit as specified below) which has not yet begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date. (4-5-00)Page 2 d. For an electric utility steam generating unit (other than a new unit or the replacement of an existing unit) actual emissions of the unit following the physical or operational change shall equal the representative actual annual emissi ons of the unit, provided the source owner or operator maintains and submits to the Depart ment, on an annual basis for a period of five (5) years from the date the unit resumes regul ar operation, information demonstrating that the physical or operational change did not resu lt in an emissions increase. A longer period, not to exceed ten (10) years may be require d by the Department if it determines such a period to be more representative of nor mal source post-change operations. (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

04. Adverse Impact on Visibility . Visibility impairment which in terferes with the management, protection, preservation, or enjoym ent of the visitor’s visual e xperience of the Federal Class I

Area. This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, durat ion, frequency, and time of visibility impairments, and how these factors correlate with:. (3-30-07)

a. Times of visitor use of the Fe deral Class I Area; and (3-30-07)

b. The frequency and timing of natural condi tions that reduce vi sibility. (3-30-07)

c. This term does not include affects on in tegral vistas when applied to 40 CFR 51.307. (3-30-07)

State Effective: 3/30/07; EPA Effective: 7/11/2011

05. Air Pollutant/Air Contaminant . Any substance, including but not limited to, dust, fume, gas, mist, odor, smoke, vapor, pollen, soot, carbo n or particulate matter or any combination thereof. (4-5-00)

06. Air Pollution . The presence in the outdoor atmosphere of any air pollutant or combination thereof in such quantity of such nature and duration and under such conditions as would be injurious to human health or welfare, to animal or plant life, or to pr operty, or to interfere unreasonably with the enjoyment of life or proper ty. (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

07. Air Quality . The specific measurement in the ambient ai r of a particular air pollutant at any given time. (5-1-94)

08. Air Quality Criterion . The information used as guidelines for decisions when establishing air quality goals and air qua lity standards. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

09. Allowable Emissions . The allowable emissions rate of a stationary source or facility calculated using the maximum rated capacity of th e source or facility (unless the source or facility is subject to federally enforceable limits which restrict the oper ating rate, or hours of operation, or both) and the most stri ngent of the following: (4-5-00)

a. The applicable standards set fort h in 40 CFR part 60 and 61; (4-5-00)Page 3 b. Any applicable State Implementation Plan emissions limitation including those with a future compliance da te; or (4-5-00)

c. The emissions rate specified as a federally enforceable permit condition, including those with a future compliance date. (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

10. Ambient Air . That portion of the atmosphere, external to buildings, to which the general public has access. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

11. Ambient Air Quality Violation . Any ambient concentration that causes or contributes to an exceedance of a national ambient air quality standa rd as determined by 40 CFR Part 50. (4-11-06)

12. Atmospheric Stagnation Advisory . An air pollution alert declared by the Department when air pollutant impacts have been observed and/ or meteorological conditions are conducive to additional air pollutant buildup. (4-11-06)

13. Attainment Area . Any area which is designated, pursuan t to 42 U.S.C. Section 7407(d), as having ambient concentrations equal to or less than national primary or secondary ambient air quality standards for a particular air pollutant or air pollutants. (4-11-06)

State Effective: 4/11/06; EPA Effective: 12/27/2010

14. BART-Eligible Source . Any of the following stationary s ources of air pollu tants, including any reconstructed source, which was not in operation prior to August 7, 1962, and was in existence on August 7, 1977, and has the potential to emit two hundred fifty (250) tons per year or more of any air pollutant. In determining potential to emit, fugitive emissions, to the extent quantifiable, must be counted. (3-30-07)

a. Fossil-fuel fired steam electric plants of more than two hundred fifty (250) million BTU's per hour heat input; (3-30-07)

b. Coal cleaning plants (the rmal dryers); (3-30-07)

c. Kraft pulp mills; (3-30-07)

d. Portland cement plants; (3-30-07)

e. Primary zinc smelters; (3-30-07)

f. Iron and steel mill plants; (3-30-07)

g. Primary aluminum ore re duction plants; (3-30-07)

h. Primary copper smelters; (3-30-07)Page 4 i. Municipal incinerators capable of charging mo re than two hundred fift y (250) tons refuse per day; (3-30-07)

j. Hydrofluoric, sulfuric, and ni tric acid plants; (3-30-07)

k. Petroleum refine ries; (3-30-07)

l. Lime plants; (3-30-07)

m. Phosphate rock processing plants; (3-30-07)

n. Coke oven batteries; (3-30-07)

o. Sulfur recovery plants; (3-30-07)

p. Carbon black plants (furnace process); (3-30-07)

q. Primary lead smelters; (3-30-07)

r. Fuel conversion plants; (3-30-07)

s. Sintering plants; (3-30-07)

t. Secondary metal producti on facilities ; (3-30-07)

u. Chemical process plants; (3-30-07)

v. Fossil-fuel boilers of more than two hundr ed fifty (250) million BTU's per hour heat input; (3-30-07)

w. Petroleum storage and transfer faciliti es with a capacity exceeding three hundred thousand (300,000) barrels; (3-30-07)

x. Taconite ore processing facilities; (3-30-07)

y. Glass fiber processing plants; and (3-30-07)

z. Charcoal production facilities. (3-30-07)

State Effective: 3/30/07; EPA Effective: 7/11/2011

15. Baseline (Area, Concentration, Date) . See Section 579. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

16. Best Available Retr ofit Technology (BART) . Means an emission limitation based on the degree of reduction achievable thro ugh the application of the best system of continuous emissionPage 5 reduction for each pollutant which is emitted by an existing stationary facility. The emission limitation must be established, on a case-by-case ba sis, taking into cons ideration the technology available, the costs of complia nce, the energy and non-air quality environmental impacts of compliance, any pollution control eq uipment in use or in existen ce at the source, the remaining useful life of the source, and th e degree of improvement in visibi lity which may reasonably be anticipated to result from the use of such technology. (3-30-07)

State Effective: 3/30/07; EPA Effective: 7/11/2011

17. Board . Idaho Board of Environmental Quality. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

18. Breakdown . An unplanned failure of any equipment or emissions unit which may cause excess emissions. (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

19. BTU . British thermal unit. (5-1-94)

20. Clean Air Act . The federal Clean Air Act, 42 U. S.C. Sections 7401 through 7671q. (5-1-94)

21. Collection Efficiency . The overall performance of the air cleaning device in terms of ratio

of materials collected to total input to the collecto r unless specific size fractions of the contaminant are stated or required. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

22. Commence Construction Or Modification . In general, this means initiation of physical onsite construction activities on an emissions unit which are of a pe rmanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying of underground pipework, and construction of perman ent storage structures. With respect to a change in method of operation, this term refers to those on-site activities, other than preparatory activities, which mark the initiation of the change. (4-5-00)

State Effective: 5/1/94; EPA Effective: 2/18/2003

23. Complete . A determination made by the Department that all information needed to process a permit application has been submitted for review. (5-1-94)

24. Construction . Fabrication, erection, inst allation, or modification of a stationary source or facility. (5-1-94)

25. Control Equipment . Any method, process or equipment wh ich removes, reduces or renders less noxious, air pollutants discharged into the atmosphere. (5-1-94)

26. Controlled Emission . An emission which has been treated by control equipment to remove all or part of an air pollutant before release to the atmosphere. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

27. Criteria Air Pollutant . Any of the following: PM-10; sulfur oxides; ozone, nitrogenPage 6 dioxide; carbon monoxide; lead. (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

28. Deciview . A measurement of visibility impairment. A deciview is a haze index derived from calculated light extinction, su ch that uniform changes in haziness correspond to uniform incremental changes in perception across the entir e range of conditions, from pristine to highly impaired. The deciview haze index is calcula ted based on the following equation (for the purposes of calculating deciview, the atmospheric light extinction coefficient must be calculated from aerosol measurements): Deciview Haze Index = 10 ln

e ( b

ext /10Mm -1 ) where b ext = the atmospheric light extinction coefficient, expressed in inverse megameters (Mm -1 ). (3-30-07)

State Effective: 3/30/07; EPA Effective: 7/11/2011

29. Department . The Department of Envir onmental Quality. (5-1-94)

30. Designated Facility . Any of the following f acilities: (5-1-94)

a. Fossil-fuel fired steam electric plants of more than two hundred fifty (250) million BTU's per hour heat input; (5-1-94)

b. Coal cleaning plants (t hermal dryers); (5-1-94)

c. Kraft pulp mills; (5-1-94)

d. Portland cement plants; (5-1-94)

e. Primary zinc smelters; (5-1-94)

f. Iron and steel mill plants; (5-1-94)

g. Primary aluminum ore re duction plants ; (5-1-94)

h. Primary copper smelters; (5-1-94)

i. Municipal incinerators capable of charging more than two hundred and fifty (250) tons of refuse per day; (5-1-94)

j. Hydrofluoric, sulfuric, and nitric acid plants; (5-1-94)

k. Petroleum refineries; (5-1-94)

l. Lime plants; (5-1-94)

m. Phosphate rock processing plants; (5-1-94)

n. Coke oven batteries; (5-1-94)Page 7 o. Sulfur recovery plants; (5-1-94)

p. Carbon black plants (furnace process); (5-1-94)

q. Primary lead smelters; (5-1-94)

r. Fuel conversion plants; (5-1-94)

s. Sintering pl ants; (5-1-94)

t. Secondary metal produc tion facilities; (5-1-94)

u. Chemical process plants; (5-1-94)

v. Fossil-fuel boilers (or combination thereo f) of more than two hundred and fifty (250) million BTU's per hour heat input; (5-1-94)

w. Petroleum storage and transfer facil ities with a capacity exceeding three hundred thousand (300,000) barrels; (5-1-94)

x. Taconite ore processi ng facilities; (5-1-94)

y. Glass fiber processing plants; and (5-1-94)

z. Charcoal production facilities. (5-1-94)

31. Director . The Director of the Department of Environmental Quality or his designee. (5-1-94)

32. Effective Dose Equivalent . The sum of the products of absorbed dose and appropriate

factors to account for differences in biological effectiveness due to the quality of radiation and its distribution in the body of referen ce man. The unit of the effective do se equivalent is the rem. It is generally calculated as an annual dose. (5-1-94)

33. Emission . Any controlled or uncontrolled release or discharge into the outdoor atmosphere of any air pollutants or combination thereof. Em ission also includes any release or discharge of any air pollutant from a stack, vent, or other mean s into the outdoor atmosphere that originates from an emission unit. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

34. Emission Standard . A permit or regulatory requirement established by the Department or EPA which limits the quantity, rate, or concen tration of emissions of air pollutants on a continuous basis, including a ny requirements which limit the level of opacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures for a source

to assure continuous emi ssion reduction. (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003Page 8 35. Emissions Unit . An identifiable piece of process equipm ent or other part of a facility which emits or may emit any air pollutant. This definition does not alter or affect the term “unit” for the purposes of 42 U.S.C. Sections 7651 through 7651o. (5-1-94)

36. EPA . The United States Environmental Protec tion Agency and its Administrator or designee. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

37. Environmental Remediation Source . A stationary source that functions to remediate or recover any release, sp ill, leak, discharge or disposal of any petroleum product or petroleum substance, any hazardous waste or hazardous subs tance from any soil, ground water or surface water, and shall have an operati onal life no greater than five (5 ) years from the inception of any operations to the cessation of actual operations. Noth ing in this definition shall be construed so as to actually limit remediation projects to five (5) years or less of to tal operation. (5-1-95)

State Effective: 5/1/95; EPA Effective: 2/18/2003

38. Excess Emissions . Emissions that exceed an applicable emissions standard established for any facility, source or emissions unit by statute, regulation, rule , permit, or order. (4-11-06)

State Effective: 4/11/06; EPA Effective: 12/27/2010

39. Existing Stationary Source Or Facility . Any stationary source or facility that exists, is installed, or is under construction on the original effective date of any applicable provision of this chapter. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

40. Facility . All of the pollutant-emitting activitie s which belong to the same industrial grouping, are located on one (1) or more contiguous or adjacent properties, and are under the control of the same person (or persons under co mmon control). Pollutant-e mitting activities shall be considered as part of the same industrial grouping if they belong to the same Major Group (i.e. which have the same two-digit code) as de scribed in the Standard Industrial Classification Manual. The fugitive emissions shall not be considered in determining whether a permit is required unless required by federal law. (4-11-06)

State Effective: 4/11/06; EPA Effective: 12/27/2010

41. Federal Class I Area . Any federal land that is classified or reclassified “Class I.” (3-30-07)

42. Federal Land Manager . The Secretary of the department with authority over the Federal Class I Area (or the Secretary's designee). (3-30-07)

43. Federally Enforceable . All limitations and conditions which are enforceable by EPA and the Department under the Clean Ai r Act, including those requirem ents developed pursuant to 40 CFR Parts 60 and 61 requirements within any ap plicable State Implementation Plan, and any permit requirements established pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Parts 51, 52, 60, or 63. (3-30-07)

State Effective: 3/30/07; EPA Effective: 7/11/2011Page 9 44. Fire Hazard . The presence or accumulation of combustib le material of such nature and in sufficient quantity that its continued existence constitutes an imminent a nd substantial danger to life, property, public welfare or adjacent lands. (5-1-94)

45. Fuel-Burning Equipment . Any furnace, boiler, apparatus, stack and all appurtenances thereto, used in the process of burning fuel fo r the primary purpose of producing heat or power by indirect heat transfer. (5-1-94)

46. Fugitive Dust . Fugitive emissions composed of particulate matter. (5-1-94)

47. Fugitive Emissions . Those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. (5-1-94)

48. Garbage . Any waste consisting of putre scible animal and vegetable materials resulting from the handling, preparation, cooking and consump tion of food including, but not limited to, waste materials from households, markets, storage faci lities, handling and sale of produce and other food products. (5-1-94)

49. Grain Elevator . Any plant or installation at whic h grain is unloaded, handled, cleaned, dried, stored, or loaded. (5-1-94)

50. Grain Storage Elevator . Any grain elevator located at any wheat flour mill, wet corn mill, dry corn mill (human consumption), rice mill, or soybean extraction plant which has a permanent grain storage capacity of thirty five thousand two hundred (35,200) cubic meters (ca. 1 million bushels). (5-1-94)

51. Grain Terminal Elevator . Any grain elevator which has a permanent storage capacity of more than eighty-eight thousand one hundred (8 8,100) cubic meters (ca. 2.5 million bushels), except those located at animal food manufacturer s, pet food manufacturers, cereal manufacturers, breweries, and livestock feedlots. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

52. Hazardous Air Pollutant (HAP) . Any air pollutant listed pursu ant to Section 112(b) of the

Clean Air Act. Hazardous Air Pollutants ar e regulated air pollutants. (4-11-06)

State Effective: 4/11/06; EPA Effective: 12/27/2010

53. Hazardous Waste . Any waste or combination of wast es of a solid, liquid, semisolid, or contained gaseous form which, beca use of its quantity, concentrati on or characteristics (physical, chemical or biological) may: (5-1-94)

a. Cause or significantly contri bute to an increase in deaths or an increase in serious, irreversible, or incapacitating reve rsible illnesses; or (5-1-94)

b. Pose a substantial threat to human health or to the environmen t if improperly treated, stored, disposed of, or managed. Such wastes include, but are not limite d to, materials whichPage 10 are toxic, corrosive, ignitable, or reactive, or materials which may have mutagenic, teratogenic, or carcinogenic prope rties; provided that such wa stes do not include solid or dissolved material in domestic sewage, or soli d or dissolved material s in irrigation return flows or industrial discharges which are allowed under a nationa l pollution discharge elimination system permit, or source, special nuclear, or by-product material as defined by 42 U.S.C. Sections 2014(e),(z) or (aa). (5-1-94)

54. Hot-Mix Asphalt Plant . Those facilities conve ying proportioned quantities or batch loading of cold aggregate to a drier, and heating, drying, screening, cl assifying, measuring and mixing the aggregate and asphalt for the purpose of pa ving, construction, indust rial, residential or commercial use. (5-1-94)

55. Incinerator . Any source consisting of a furnace and all appurtenances th ereto designed for the destruction of refuse by burning. “Open Bu rning” is not consid ered incineration. For purposes of these rules, the dest ruction of any combustible liqui d or gaseous material by burning

in a flare stack shall be cons idered incineration. (5-1-94)

56. Indian Governing Body . The governing body of any tr ibe, band, or group of Indians subject to the jurisdictio n of the United States and recognize d by the United States as possessing power of self-government. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

57. Integral Vista . A view perceived from within the mandatory Class I Federal Area of a specific landmark or panorama located outside the boundary of the mandatory Class I Federal Area. (3-30-07)

State Effective: 3/30/07; EPA Effective: 7/11/2011

58. Kraft Pulping . Any pulping process which uses, for a cooking liquor, an alkaline sulfide solution containing sodium hydroxide and sodium sulfide. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

59. Least Impaired Days . The average visibility impairment (measured in deciviews) for the twenty percent (20%) of monitored days in a calendar year wi th the lowest amount of visibility impairment. (3-30-07)

State Effective: 3/30/07; EPA Effective: 7/11/2011

60. Lowest Achievable Emission Rate (LAER) . For any source, the more stringent rate of emissions based on the following: (4-5-00)

a. The most stringent emissions limitation wh ich is contained in any State Implementation Plan for such class or category of facilit y, unless the owner or ope rator of the proposed facility demonstrates that such limita tions are not achievable; or (4-5-00)

b. The most stringent emissions limitation whic h is achieved in practice by such class or category of facilities. This limitation, when applied to a modification, means the lowest

achievable emissions rate for the new or modifi ed emissions units within the facility. In no event shall the application of th e term permit a proposed new or modified facility to emit anyPage 11 pollutant in excess of the amount allowable under an applicable new source standard of performance. (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

61. Mandatory Class I Federal Area . Any area identified in 40 CFR 81.400 through 81.437. (3-30-07)

62. Member of the Public . For purposes of Subsection 006.103.a .xvi., a person located at any off-site point where there is a residen ce, school, business or office. (3-30-07)

State Effective: 3/30/07; EPA Effective: 7/11/2011

63. Modification . (4-11-06)

a. Any physical change in, or change in the me thod of operation of, a stationary source or facility which results in an emission increase as defined in Section 007 or which results in the emission of any regulated air polluta nt not previously emitted. (4-11-06)

b. Any physical change in, or change in the me thod of operation of, a stationary source or facility which results in an increase in the emi ssions rate of any state only toxic air pollutant, or emissions of any state only toxic air pollutant not previously emitted. (4-11-06)

c. Fugitive emissions shall not be considered in determining whether a permit is required for a modification unless required by federal law. (4-11-06)

State Effective: 4/11/06; EPA Effective: 12/27/2010

d. For purposes of this definition of modi fication, routine maintenance, repair and replacement shall not be cons idered physical changes a nd the following shall not be considered a change in the method of operation: (3-30-07)

State Effective: 3/30/07; EPA Effective: 7/11/2011

i. An increase in the production rate if such increase does not exceed the operating design capacity of the affected stationary source, and if a more restrictive production rate is not specified in a permit; (5-1-94)

ii. An increase in hours of operation if more restrictive hours of operation are not specified in a permit; and (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

iii. Use of an alternative fuel or raw material if the stationary source is specifically designed to accommodate such fuel or raw material and use of such fuel or raw material is not specifically prohibited in a permit. (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

64. Monitoring . Sampling and analysis, in a conti nuous or noncontinuous sequence, using techniques which will adequately measure emission levels and/or ambient air concentrations of air pollutants. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003Page 12 65. Most Impaired Days . The average visibility impairment (measured in deciviews) for the twenty percent (20%) of monitored days in a calendar year wi th the highest amount of visibility impairment. (3-30-07)

State Effective: 3/30/07; EPA Effective: 7/11/2011

66. Multiple Chamber Incinerator . Any article, machine, equipmen t, contrivance, structure or part of a structure used to dispose of combustible refuse by burning, consisting of three (3) or more refractory lined combustion furnaces in se ries physically separated by refractory walls, interconnected by gas passage ports or ducts an d employing adequate parameters necessary for maximum combustion of the material to be burned. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

67. Natural Conditions . Includes naturally oc curring phenomena that reduce visibility as measured in terms of light extinction, visu al range, contrast, or coloration. (3-30-07)

State Effective: 3/30/07; EPA Effective: 7/11/2011

68. New Stationary Source Or Facility . (5-1-94)

a. Any stationary source or facility, the construction or modification of which is commenced after the original effective date of any applicable provision of this chapter; or (5-1-94)

b. The restart of a nonoperating facility shall be considered a new stationary source or facility if: (5-1-94)

i. The restart involves a modifica tion to the facility; or (5-1-94)

ii. After the facility has b een in a nonoperating status for a period of two (2) years, and the Department receives an application for a Pe rmit to Construct in the area affected by the existing nonoperating facility, the Department will, within five (5) working days of receipt of the applicat ion notify the nonoperating facility of receipt of the application for a Permit to Construct. Upon receipt of this Departmental notification, the nonoperating facility will comply with the following restar t schedule or be considered a new stationary source or facility when it does restart: Within thirty (30) working days after receipt of the Department's notification of the application for a Permit to Construct, the nonoperating facility shall provide the Department with a sc hedule detailing the restart of the facility. The restart must begin within sixty (60) days of the date the Department receives the restart schedule.(5-1-94)

69. Nonattainment Area . Any area which is designated, purs uant to 42 U.S.C. Section 7407(d), as not meeting (or contributes to ambient air qua lity in a nearby area that does not meet) the national primary or secondary ambient air qua lity standard for the pollutant. (5-1-94)

70. Noncondensibles . Gases and vapors from processes th at are not condensed at standard temperature and pressure unless otherwise specified. (5-1-94)Page 13 71. Odor . The sensation resulting from stimulation of the human sense of smell. (5-1-94)

72. Opacity . A state which renders material partially or wholly impervious to rays of light and

causes obstruction of an observer's view , expressed as percent. (5-1-94)

73. Open Burning . The burning of any matter in such a manner that the products of combustion resulting from the burning are emitted directly into the ambient air without passing through a stack, duct or chimney. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

74. Operating Permit . A permit issued by the Director pursuant to Sections 300 through 386 and/or 400 through 461. (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

75. Particulate Matter . Any material, except water in uncombi ned form, that exists as a liquid

or a solid at standard conditions. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

76. Particulate Matter Emissions . All particulate matter emitted to the ambient air as measured by an applicable reference method, or any equivalent or alternative method in accordance with Section 157. (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

77. Permit to Construct . A permit issued by the Director pursuant to Sections 200 through 228. (7-1-02)

State Effective: 7/1/02; EPA Effective: 12/27/2010

78. Person . Any individual, association, corporation, fi rm, partnership or a ny federal, state or local governmental entity. (5-1-94)

79. PM-10 . All particulate matter in th e ambient air with an aerodynamic diameter less than or equal to a nominal ten (10) micrometers as m easured by a reference method based on Appendix J of 40 CFR Part 50 and designated in accordance with 40 CFR Part 53 or by an equivalent method designated in accordance with 40 CFR Part 53. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

80. PM-10 Emissions . All particulate matter, including co ndensible particulates, with an aerodynamic diameter less than or equal to a nominal ten (10) micrometers emitted to the ambient air as measured by an applicable refe rence method, or an equivalent or alternative method in accordance with Section 157. (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

81. Potential to Emit/Potential Emissions. The maximum capacity of a facility or stationary source to emit an air pollutan t under its physical and operati onal design. Any physical or operational limitation on the capacity of the facil ity or source to emit an air pollutant, including air pollution control equi pment and restrictions on hours of ope ration or on the type or amount of material combusted, stored or processed, shall be tr eated as part of its de sign if the limitation or

the effect it would have on emissions is state or federally enforceable. Secondary emissions doPage 14 not count in determining the poten tial to emit of a facility or stationary source. (3-30-07)

State Effective: 3/30/07; EPA Effective: 7/11/2011

82. Portable Equipment . Equipment which is designed to be dismantled and transported from one (1) job site to anot her job site. (5-1-94)

83. PPM (parts per million) . Parts of a gaseous contaminant per million parts of gas by volume. (5-1-94)

84. Prescribed Fire Management Burning . The controlled application of fire to wildland fuels

in either their natural or modi fied state under such conditions of weather, fuel moisture, soil moisture, etc., as will allow the fire to be confin ed to a predetermined area and at the same time produce the intensity of heat and rate of spread required to accomplish planned objectives, including: (5-1-94)

a. Fire hazard reduction; (5-1-94)

b. The control of pests, inse cts, or diseases; (5-1-94)

c. The promotion of range forage improvements; (5-1-94)

d. The perpetuation of natural ecosystems; (5-1-94)

e. The disposal of woody debris resulting from a logging operation, the clearing of rights of way, a land clearing operation, or a dr iftwood collection system; (5-1-94)

f. The preparation of planting and seeding si tes for forest regeneration; and (5-1-94)

g. Other accepted natural resour ce management purposes. (5-1-94)

85. Primary Ambient Air Quality Standard . That ambient air quality which, allowing an adequate margin of safety, is requisite to protect the public health. (5-1-94)

86. Process Or Process Equipment . Any equipment, device or contrivance for changing any materials whatever or for storage or handling of any materials, and al l appurtenances thereto, including ducts, stack, etc., the use of which may cause any discharge of an air pollutant into the ambient air but not including that equipment sp ecifically defined as fuel-burning equipment or refuse-burning equipment. (5-1-94)

87. Process Weight . The total weight of all materials introduced into an y source operation which may cause any emissions of particulate matter. Process weight includes solid fuels charged, but does not include liquid and gaseous fuels charged or combustion air. Water which occurs naturally in the feed material shall be considered part of the process weight. (5-1-94)

88. Process Weight Rate . The rate established as follows: (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003Page 15 a. For continuous or long-run steady-state sour ce operations, the tota l process weight for the entire period of continuous operation or for a typical portion th ereof, divided by the number of hours of such period or portion thereof; (4-5-00)

b. For cyclical or batch source operations, the total pr ocess weight for a period that covers a complete cycle of operation or an integral number of cycles, divided by the hours of actual process operation during such a pe riod. Where the nature of a ny process or operation or the design of any equipment is such as to perm it more than one (1) interpretation of this definition, the interpreta tion that results in the minimum va lue for allowable emission shall apply. (4-5-00)

89. Quantifiable . The Department must be able to dete rmine the emissions impact of any SIP trading programs requirement(s) or emission limit(s). (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

90. Radionuclide . A type of atom which spontaneously undergoes radioactive decay. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

91. Regional Haze . Visibility impairment that is caused by the emission of air pollutants from numerous sources located over a wide geographic area. Such sources include, but are not limited to, major and minor stationary sources, m obile sources, and area sources. (3-30-07)

State Effective: 3/30/07; EPA Effective: 7/11/2011

92. Regulated Air Pollutant . (4-11-06)

a. For purposes of determining applicability of major source permit to operate requirements, issuing, and modifying permits pursuant to Sections 300 through 397, and in

accordance with Title V of the federal Clean Air Act amendments of 1990, 42 U.S.C. Section 7661 et seq., “regulated air pollutant” sh all have the same mean ing as in Title V of

the federal Clean Air Act amendments of 1990, and any applicable federal regulations promulgated pursuant to Title V of the fede ral Clean Air Act amendments of 1990, 40 CFR Part 70; (4-11-06)

State Effective: 4/11/06; EPA Effective: 12/27/2010

b. For purposes of determining applicability of any other operating permit requirements, issuing, and modifying permits pursuant to Se ctions 400 through 410, th e federal definition of “regulated air pollutant” as defined in Subsection 006.94.a. shall al so apply; (3-30-07)

State Effective: 3/30/07; EPA Effective: 7/11/2011

c. For purposes of determining applicability of permit to construct requirements, issuing, and modifying permits pursuant to Sections 200 through 228, except Section 214, and in

accordance with Part D of Subc hapter I of the federal Clean Air Act, 42 U.S.C. Section 7501 et seq., “regulated air pollutant” shall mean those air contaminants that are regulated in non-attainment areas pursuant to Part D of S ubchapter I of the federal Clean Air Act and applicable federal regulations pr omulgated pursuant to Part D of Subchapter I of the federal Clean Air Act, 40 CFR 51.165; and (4-11-06)Page 16 d. For purposes of determining applicability of any other major or minor permit to construct requirements, issuing, and modifying permits pursuant to 200 thr ough 228, except Section 214, “regulated air pollutant” shall mean thos e air contaminants that are regulated in attainment and unclassifiable areas pursuant to Part C of Subchapter I of the federal Clean Air Act, 40 CFR 52.21, and any applicable federa l regulations promulgated pursuant to Part C of Subchapter I of the fede ral Clean Air Act, 42 U.S.C. Section 7470 et seq. (4-11-06)

State Effective: 4/11/06; EPA Effective: 12/27/2010

93. Replicable . Any SIP procedures for applying emissi on trading shall be structured so that two (2) independent entities woul d obtain the same result when determining compliance with the emission trading provisions. (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

94. Responsible Official . One (1) of the following: (5-1-94)

a. For a corporation: a president, secretary, treas urer, or vice-president of the corporation in charge of a principal business function, or a ny other person who performs similar policy or decision-making functions for the corporation, or a duly authorized re presentative of such person if the representative is responsible for the overall operation of one (1) or more manufacturing, production, or opera ting facilities applying for or subject to a permit and either: (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

i. The facilities employ more than two hundred fifty (250) persons or have gross annual sales or expenditures exceeding twenty-five million dollars ($25,000,000) (in second quarter 1980 dollars); or (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

ii. The delegation of authority to such re presentative is approved in advance by the Department. (5-1-94)

b. For a partnership or sole proprietorship: a general partner or the proprietor, respectively. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

c. For a municipality, State, Federal, or ot her public agency: either a principal executive officer or ranking elected official. For the purposes of Section 123, a principal executive officer of a Federal agency includes the chie f executive officer having responsibility for the overall operations of a principal geogra phic unit of the agency (e.g., a Regional Administrator of EPA). (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

d. For Phase II sources: (5-1-94)

i. The designated representative in so far as actions, standards, requirements, or prohibitions under 42 U.S.C. Sections 7651 through 7651o or the regulations promulgated thereunder are concerned; and (5-1-94)Page 17 ii. The designated representative for any other purposes under 40 CFR Part 70. (5-1- 94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

95. Safety Measure . Any shutdown (and related startup) or bypass of equipment or processes undertaken to prevent imminent injury or deat h or severe damage to equipment or property which may cause excess emissions. (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

96. Salvage Operation . Any source consisting of any busine ss, trade or industry engaged in whole or in part in salvaging or reclaiming any product or materi al, such as, but not limited to, reprocessing of used motor o ils, metals, chemicals, shipping containers, or drums, and specifically including automobile gr aveyards and junkyards. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

97. Scheduled Maintenance . Planned upkeep, repair activities and preventative maintenance on any air pollution control equipment or emissi ons unit, including process equipment, and including shutdown and startup of such equipment. (3-20-97)

State Effective: 3/20/97; EPA Effective: 2/18/2003

98. Secondary Ambient Air Quality Standard . That ambient air quality which is requisite to protect the public welfare from any known or anticipated advers e effects associated with the presence of air pollutants in the ambient air. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

99. Secondary Emissions. Emissions which would occur as a result of the construction, modification, or operation of a sta tionary source or facility, but do not come from the stationary source or facility itself. Secondary emissions mu st be specific, well defined, quantifiable, and affect the same general area as the stationary source, facility, or modification which causes the secondary emissions. Secondary em issions include emissions from any offsite support facility

which would not be constructed or increase its emissions except as a result of the construction or operation of the primary stationary source, faci lity or modification. Secondary emissions do not include any emissions which come directly fr om a mobile source regulated under 42 U.S.C. Sections 7521 through 7590. (3-30-07)

State Effective: 3/30/07; EPA Effective: 7/11/2011

100. Shutdown . The normal and customary time period required to cease operations of air pollution control equipment or an emissions unit be ginning with the initia tion of procedures to terminate normal operation and continuing until the termination is completed. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

101. Significant . In reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions th at would equal or exceed any of the following: (4-11-06)

a. Pollutant and emissions rate: (4-11-06)

State Effective: 4/11/06; EPA Effective: 12/27/2010Page 18 i. Carbon monoxide, one hundred (1 00) tons per y ear; (5-1-94)

ii. Nitrogen oxides, forty (40) tons per year; (5-1-94)

iii. Sulfur dioxide, forty (40) tons per year; (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

iv. Particulate matter, twenty -five (25) tons per year of particulate matter emissions; fifteen (15) tons per year of PM 10 emissions; (4-11-06)

v. Ozone, forty (40) tons per year of volatile organic compounds; (4-11-06)

State Effective: 4/11/06; EPA Effective: 12/27/2010

vi. Lead, six-tenths (0.6) of a ton per year; (5-1-94)

vii. Fluorides, three (3) t ons per year; (5-1-94)

viii. Sulfuric acid mist, seven (7) tons per year; (5-1-94)

ix. Hydrogen sulfide (H2S), ten (1 0) tons per year; (5-1-94)

x. Total reduced sulfur (including H2S), ten (10) tons per year; (5-1-94)

xi. Reduced sulfur compounds (including H2S) , ten (10) tons per year; (5-1-94)

xii. Municipal waste combustor organics (measured as total tetra- through octachlorinated dibenzo-p-dioxins and dibenzofurans), thirty-five ten-millionths (0.0000035) tons per year; (5-1-94)

xiii. Municipal waste combustor metals (meas ured as particulate matter), fifteen (15) tons per year; (5-1-94)

xiv. Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen chloride), forty (40) tons per year; (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

xv. Municipal solid waste landfill emissi ons (measured as nonmethane organic compounds), fifty (50) tons per year; or (4-11-06)

State Effective: 4/11/06; EPA Effective: 12/27/2010

xvi. Radionuclides, a quantity of emissi ons, from source categories regulated by 40 CFR Part 61, Subpart H, that have been de termined in accordan ce with 40 CFR Part 61, Appendix D and by Department approved methods, that would cause any member of the public to receive an annual effective dose equivalent of at least one tenth (0.1) mrem per year, if total facility-wide emissi ons contribute an eff ective dose equivalent of less than three (3) mrem per year; or any radionuclide emission rate, if totalPage 19 facility-wide radionuclide emissions contribute an effective dose equivalent of greater than or equal to three (3) mrem per year. (5-1-95)

State Effective: 5/1/95; EPA Effective: 2/18/2003

b. In reference to a net emissions increase or the potential of a source or facility to emit a regulated air pollutant not listed in Subsecti on 006.103.a. above and not a toxic air pollutant, any emission rate; or (3-30-07)

State Effective: 3/30/07; EPA Effective: 7/11/2011

c. For a major facility or major modification wh ich would be constructed within ten (10) kilometers of a Class I area, the emissi ons rate which would increase the ambient concentration of an emitted regulated air pollu tant in the Class I area by one (1) microgram per cubic meter, twenty-four (24) ho ur average, or more. (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

102. Significant Contribution . Any increase in ambient concentrations which would exceed the following: (5-1-94)

a. Sulfur dioxide: (5-1-94)

i. One (1.0) microgram per cubic meter, annual average; (5-1-94)

ii. Five (5) micrograms per cubic meter, twenty-four (24) hour average; (5-1-94) iii. Twenty-five (25) micrograms per cubic meter, three (3) hour average; (5-1-94)

b. Nitrogen dioxide, one (1.0) microgram pe r cubic meter, annual average; (5-1-94)

c. Carbon monoxide: (5-1-94)

i. One-half (0.5) milligrams per cubic meter, eight (8) hour average; (5-1-94)

ii. Two (2) milligrams per cubic mete r, one (1) hour average; (5-1-94)

d. PM-10: (5-1-94)

i. One (1.0) microgram per cubic meter, annual average; (5-1-94)

ii. Five (5.0) micrograms per cubic meter, twenty-four (24) hour average. (5-1-94)

103. Small Fire . A fire in which the materi al to be burned is not more than four (4) feet in

diameter nor more than th ree (3) feet high. (5-1-94)

104. Smoke . Small gas-borne particles resulting from incomplete combustion, consisting predominantly, but not exclusively, of carbon and other combustible material. (5-1-94)

105. Smoke Management Plan . A document issued by the Direct or to implement Sections 606Page 20 through 616, Categories of Allowable Burning. (5-1-94)

106. Smoke Management Program . A program whereby meteorological information, fuel conditions, fire behavior, smoke movement and at mospheric dispersal conditions are used as a basis for scheduling the location, amount and timing of open burning operations so as to minimize the impact of such burning on id entified smoke sensitive areas. (5-1-94)

107. Source . A stationary source. (5-1-94)

108. Source Operation . The last operation preceding the emi ssion of air pollutants, when this operation: (5-1-94)

a. Results in the separation of the air pollu tants from the process materials or in the conversion of the process materials into air pollu tants, as in the case of fuel combustion; and (5-1-94)

b. Is not an air clean ing device. (5-1-94)

109. Stack . Any point in a source arranged to conduct emissions to the ambient air, including a chimney, flue, conduit, or duct bu t not including fl ares. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

110. Standard Conditions . Except as specified in Subsect ion 576.02 for ambient air quality standards, a dry gas temperature of twenty degr ees Celsius (20C) sixty-ei ght degrees Fahrenheit (68F) and a gas pressure of seven hundred sixt y (760) millimeters of mercury (14.7 pounds per square inch) absolute. (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

111. Startup . The normal and customary time period required to bring air pollution control equipment or an emissions unit, including proce ss equipment, from a nonoperational status into normal operation. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

112. Stationary Source . Any building, structure, facility, em issions unit, or installation which emits or may emit any air pollutant. The fugitive emissions shall not be considered in determining whether a permit is required unl ess required by federal law. (4-11-06)

State Effective: 4/11/06; EPA Effective: 12/27/2010

113. Tier I Source . Any of the following: (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

a. Any source located at any major facility as defined in Section 008; (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

b. Any source, including an area source, subj ect to a standard, limitation, or other requirement under 42 U.S.C. Section 7411 or 40 CFR Part 60, and required by EPA to obtain a Part 70 permit; (4-11-06)Page 21 c. Any source, including an area source, subject to a standard or other requirement under 42 U.S.C. Section 7412, 40 CFR Part 61 or 40 CF R Part 63, and require d by EPA to obtain a Part 70 permit, except that a source is not re quired to obtain a permit solely because it is subject to requirements under 42 U. S.C. Section 7412(r); (4-11-06)

State Effective: 4/11/06; EPA Effective: 12/27/2010

d. Any Phase II source; and (5-1-94)

e. Any source in a source category designa ted by the Department. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

114. Total Suspended Particulates . Particulate matter as measured by the method described in 40 CFR 50 Appendix B. (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

115. Toxic Air Pollutant . An air pollutant that has been determined by the Department to be by its nature, toxic to human or animal life or vegetation and listed in S ection 585 or 586. (5-1-94)

116. Toxic Air Pollutant Carcinogenic Increments . Those ambient air quality increments based on the probability of developing excess can cers over a seventy (70) year lifetime exposure to one (1) microgram per cubic meter (1 ug/m3) of a given carcinogen and expressed in terms of a screening emission level or an acceptable ambient concentrati on for a carcinogenic toxic air pollutant. They are listed in Section 586. (5-1-94)

117. Toxic Air Pollutant Non-carcinogenic Increments . Those ambient air quality increments based on occupational exposure limits for airbor ne toxic chemicals expressed in terms of a screening emission level or an acceptable ambien t concentration for a non-carcinogenic toxic air pollutant. They are listed in Section 585. (5-1-94)

118. Toxic Substance . Any air pollutant that is determin ed by the Department to be by its nature, toxic to human or animal life or vegetation. (5-1-94)

119. Trade Waste . Any solid, liquid or gaseous material resulting from the construction or demolition of any structure, or the operation of a ny business, trade or industry including, but not limited to, wood product industry waste such as sawdus t, bark, peelings, chips, shavings and cull wood. (5-1-94)

120. TRS (Total Reduced Sulfur) . Hydrogen sulfide, mercaptans, dimethyl sulfide, dimethyl disulfide and any other organi c sulfide present. (5-1-94)

121. Unclassifiable Area . An area which, because of a lack of adequate data, is unable to be classified pursuant to 42 U.S.C. Section 7407(d) as either an at tainment or a nonattainment area. (5-1-94)

122. Uncontrolled Emission . An emission which has not been tr eated by control equipment. (5-Page 22 1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

123. Upset . An unplanned disruption in the normal ope rations of any equipment or emissions unit which may cause excess emissions. (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

124. Visibility Impairment . Any humanly perceptible change in visibility (light extinction, visual range, contrast, coloration) from that which would have ex isted under natu ral conditions. (3-30-07)

125. Visibility in Any Mandatory Class I Federal Area . Includes any integral vista associated with that area. (3-30-07)

State Effective: 3/30/07; EPA Effective: 7/11/2011

126. Wigwam Burner . Wood waste burning devices commonl y called teepee burners, silos, truncated cones, and other such burners comm only used by the wood product industry for the disposal by burning of wood wastes. (5-1-94)

127. Wood Stove Curtailment Advisory . An air pollution alert issu ed through local authorities and/or the Department to limit wood stove emi ssions during air pollution episodes. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.007. DEFINITIONS FOR TH E PURPOSES OF SECTIONS 200

THROUGH 225 AND 400 THROUGH 461

01. Agricultural Activities And Services . For the purposes of S ubsection 223.03.f., the usual and customary activities of cultiv ating the soil, producing crops and raising livestock for use and consumption. Agricultural activities and servic es do not include manufacturing, bulk storage, handling for resale or the formulation of any ag ricultural chemical liste d in Sections 585 or 586. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/182003

02. Baseline Actual Emissions . The rate of emissions, in tons per year, of a regulated air pollutant as determined by the following provisions: (4-11-06)

a. For any existing electric utility steam gene rating unit, baseline actual emissions means the average rate, in tons per year, at whic h the unit actually emitted the regulated air pollutant during any consecutive twenty-four (24) month period selected by the owner or operator within the five (5) year period immedi ately preceding when the owner or operator begins actual construction of the project. The Director shall allow the use of a different time period upon a determination that it is more repr esentative of normal source operation. (4- 11-06)

i. The average rate shall include fugitive emissions to the exte nt quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (4-11-06)Page 23 ii. The average rate shall be adjust ed downward to exclude any non-compliant

emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the c onsecutive twenty-four (24) month period. (4-11-06)

iii. For a regulated air pollutant, when a project involves multiple emissions units, only one (1) consecutive twenty-four (24) month period must be used to determine

the baseline actual emissions for all the em issions units being changed. A different consecutive twenty-four (24) month peri od can be used for each regulated air pollutant. (4-11-06)

State Effective: 4/11/06; EPA Effective: 12/27/2010

iv. The average rate shall not be based on any consecutive twenty-four (24) month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this am ount if required by Subsection 007.02.a.ii. (3- 30-07)

State Effective: 3/30/07; EPA Effective: 7/11/2011

b. For an existing emissions unit (other than an electric utility st eam generating unit), baseline actual emissions means the average ra te, in tons per year, at which the emissions unit actually emitted the regulated air pollutant during any consecutive twenty-four (24) month period selected by the owner or operato r within the ten (10) year period immediately preceding either the date the owne r or operator begins actual c onstruction of the project, or the date a complete permit application is received by the Director for a permit required under these rules, whichever is ear lier, except that the ten (10) year period shall not include any period earlier than N ovember 15, 1990. (4-11-06)

i. The average rate shall include fugitive emissions to the exte nt quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (4-11-06)

ii. The average rate shall be adjust ed downward to exclude any non-compliant

emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the c onsecutive twenty-four (24) month period. (4-11-06)

iii. The average rate shall be adjusted downward to exclude any emission limitation with which the source must currently comply, had such source been required to comply with such limitations during the c onsecutive twenty-four (24) month period; however, if an emission limitation is part of a standard or other requirement under 40 CFR Part 63, the baseline actual emissions n eed only be adjusted if the Department

has taken credit for such emissions reductio ns in an attainment demonstration or maintenance plan. (4-11-06)

iv. For a regulated air pollutant, when a project involves multiple emissions units, only one (1) consecutive twenty-four (24) month period must be used to determine

the baseline actual emissions for all the em issions units being changed. A differentPage 24 consecutive twenty-four (24) month peri od can be used for each regulated air pollutant. (4-11-06)

v. The average rate shall not be based on any consecutive twenty-four (24) month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by Subsections 006.03.b.ii. and 006.03.b.iii. (4-11-06)

c. For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of such unit shall equal zero (0); and, thereafter, for all other purposes, shall equal the unit’s potential to emit. (4-11-06)

State Effective: 4/11/06; EPA Effective: 12/27/2010

d. For a plantwide applicability limit (PAL) fo r a stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in Subsection 007.02.a, for other existing emissions units in accordance with the pro cedures contained in Subsection 007.02.b, and for

a new emissions unit in accordance with the procedures contained in Subsection 007.02.c. (3-30-07)

State Effective: 3/30/07; EPA Effective: 7/11/2011

03. Begin Actual Construction . Commence construction. (4-11-06)

04. Emissions Increase . The amount by which projected actual emissions exceed baseline actual emissions of an emissions unit. (4-11-06)

State Effective: 4/11/06; EPA Effective: 12/27/2010

05. Innovative Control Technology . Any system of air pollution control that has not been adequately demonstrated in prac tice, but would have a substantia l likelihood of achieving greater

continuous emissions reduction than any control system in current practice, or of achieving at least comparable reductions at lower cost in terms of energy, economics, or non-air quality environmental effects. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/182003

06. Net Emissions Increase . For purposes of Sections 204 and 205, a net emissions increase shall be defined by the federal regulations inco rporated by reference. For purposes of Section 210, a net emissions increase shall be an emissions increase from a particular modification plus any other increases and decreases in actual emissi ons at the facility th at are creditable and contemporaneous with the particul ar modification, wh ere: (4-11-06)

State Effective: 4/11/06; EPA Effective: 12/27/2010

a. A creditable increase or decrease in act ual emissions is contemporaneous with a particular modification if it occurs between th e date five (5) years before the commencement

of construction or modification on the particular change and th e date that the increase from the particular modification occurs. Any repl acement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed one hundred and eightyPage 25 (180) days; (4-5-00)

b. A decrease in actual emissions is creditable only if it satisfies the requirements for emission reduction credits (Section 460) a nd has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular modification, and is fe derally enforceable at and after the time that construction of the modification commences. (4-5-00)

State Effective: 4/5/2004; EPA Effective: 2/182003

c. The increase in toxic air pollutant emi ssions from an already operating or permitted

source is not included in the calculation of the net emissions increase for a proposed new source or modification if: (5-1-95)

i. The already operating or permitted source commenced construction or modification prior to July 1, 1995; or (5-1-95)

State Effective: 5/1/95; EPA Effective: 2/182003

ii. The uncontrolled emission rate from the already operating or permitted source is ten per cent (10%) or less of the applicable screening emissions level listed in Section 585 or 586; or (6-30-95)

iii. The already operating or permitted sour ce is an environmental remediation source subject to or regulated by the Resource Conservation and Recovery Act (42 U.S.C. Sections 6901-6992k) and “Idaho Rules and Standards for Hazardous Waste,” (IDAPA 58.01.05.000 et seq.) or the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 6901-6992k) or a consent order. (6-30- 95)

State Effective: 6/30/95; EPA Effective: 2/182003

07. Pilot Plant . A stationary source located at least one quarter (1/4) mile from any sensitive receptor that functions to test processing, m echanical, or pollution control equipment to determine full-scale feasibility and which does not produce products that are offered for sale except in developmental quantities. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/182003

08. Projected Actual Emissions . (4-11-06)

a. The maximum annual rate, in tons per year , at which an existing emissions unit is projected to emit a regulated air pollutant in a ny one (1) of the five (5) years (twelve (12) month period) following the date the unit resume s regular operation after the project, or in any one (1) of the ten (10) years following that date, if the project involves increasing the emissions unit’s design capacity or its potential to emit that re gulated air pollutant and full utilization of the unit would result in a signifi cant emissions increase or a significant net emissions increase at an existing ma jor stationary s ource. (4-11-06)

b. In determining the projected actual emissi ons, the owner or opera tor of the stationary source: (4-11-06)Page 26 i. Shall consider all relevant informa tion including, but not limited to, historical operational data, the company’s own repr esentations, the company’s expected business activity and the company’s highest projections of business activity, the company’s filings with state or federal re gulatory authorities, and compliance plans under the approved state implem entation plan; and (4-11-06)

ii. Shall include fugitive emissions to the extent quantifiable and emissions associated with startups, shutdowns , and malfunctions; and (4-11-06)

iii. Shall exclude, in calculating any increa se in emissions that results from the particular project, that portion of the un it’s emissions following the project that an existing unit could have accommodated dur ing the consecutive twenty-four (24) month period used to establish the base line actual emissions and that are also unrelated to the particular project, including any increas ed utilization due to product demand growth; or (4-11-06)

iv. In lieu of using the method set out in Subsections 007.11.b.i. through 007.11.b.iii., may elect to use the emissions unit’s potential to emit, in tons per year. (4-11-06)

09. Reasonable Further Progress (RFP) . Annual incremental reductions in emissions of the applicable air pollutant as identified in the SIP which are sufficient to provide for attainment of the applicable ambient air quality standard by the required date. (4-11-06)

State Effective: 4/11/06; EPA Effective: 12/27/2010

10. Sensitive Receptor . Any residence, building or location occupied or frequented by persons who, due to age, infirmity or other health ba sed criteria, may be mo re susceptible to the

deleterious effects of a toxic ai r pollutant than the general pop ulation including, but not limited to, elementary and secondary schools, day care ce nters, playgrounds and parks, hospitals, clinics and nursing homes. (5-1-94)

11. Short Term Source . Any new stationary source or modification to an existing source, with an operational life no greater than five (5) ye ars from the inception of any operations to the cessation of actual ope rations. (5-1-94)

12. Toxic Air Pollutant Reasonably Available Control Technology (T-RACT) . An emission standard based on the lowest emission of toxic air pol lutants that a particular source is capable of meeting by the application of cont rol technology that is reasonab ly available, as determined by the Department, considering tec hnological and economic feasibility. If contro l technology is not feasible, the emission standard may be based on the application of a design, equipment, work practice or operational requirement, or combination thereof. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/182003

SECTION 58.01.01.106. ABBREVIATIONS

01. AAC . Acceptable Ambient Concentration.Page 27 02. AACC . Acceptable Ambient Concen tration for a Carcinogen.

03. ACGIH . American Conference of Gove rnment Industrial Hygienists.

04. CAS . Chemical Abstract Service.

05. CL . Derived form ACGIH ceiling Limit UF = 10.

06. EL . Emissions Screening Level.

07. ID . Idaho Division of Environmen tal Quality. Not OEL based.

08. LA . From LA Dept. of Environmental Qua lity. Not OEL based eight (8) hour TWA.

09. MA . From MA Dept. of Environmental Protec tion, Div. of Air Quality Control. Not OEL based, annual averaging time, no uf.

10. MI . From MI Dept. of Natural Resources, Ai r Quality Div. Based on toxicological data, annual av. time, no uf.

11. NY . From New York Dept. of C onservation, Div. of Air Quality. Not OEL based, one (1) yr. Av. time no uncertainty factor (uf).

12. OEL . Reference Occupational Exposure Level.

13. PL . From Phil. Dept. of Air Management Serv ices. Not OEL based, one (1) yr. averaging

time no uf.

14. PL1 . From Phil. Dept. of Air Management Services. Unspecified OEL based, one (1) yr. averaging time, uf=10.

15. PL2 . From Phil. Dept. of Air Management Serv ices. Not OEL based one (1) yr. Av. time,

uf=10.

1 6. PL3 . From Phil. Dept. of Air Management Serv ices. Not OEL based, one (1) yr. av. time,

uf=1000.

17. TWA . Time Weighted Average.

18. UF . Uncertainty Factor.

19. URF . Unit Risk Factor from the US Environmental Protection Agency.

20. WA . From Washington Dept. of Ecology, Air Pr ograms. Acceptable Source Impact Level

based.

State Effective: 5/1/94; EPA Effective: 2/18/2003Page 28 SECTION 58.01.01.107. INCORPORATIO NS BY REFERENCE

01. General . Unless expressly provided otherwise, any reference in these rules to any document

identified in Subsection 107.03 shal l constitute the full incorporat ion into these rules of that document for the purposes of the reference, in cluding any notes and appendices therein. The term “documents” includes codes, standards or rules which have been adopted by an agency of the state or of the United States or by any natio nally recognized organizati on or association. (5-1- 94)

02. Availability of Referenced Material . Copies of the documents incorporated by reference into these rules are available at the following locations: (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

a. All federal publications: U.S. Government Printing Office, http://www.gpoaccess.gov/ecfr/index.html; and (10-6-10)

State Effective:10/6/10; EPA Effective: 8/16/2012

b. All documents herein incor porated by reference: (7-1-97)

i. Department of Environmental Qual ity, 1410 N. Hilton, Boise, Idaho 83706-1255 at (208) 373- 0502. (7-1-97)

ii. State Law Library, 451 W. State Street, P.O. Box 83720, Boise, Idaho 83720- 0051, (208) 334-3316. (7-1-97)

State Effective: 7/1/97; EPA Effective: 2/18/2003

03. Documents Incorporated by Reference . The following documents are incorporated by reference into these rules: (5-1-94)

State Effective: 5/1/94; EPA Effective: 12/27/2010

a. Requirements for Preparation, Adoption, and Submittal of Implementation Plans, 40 CFR Part 51 revised as of July 1, 2010. The followi ng portions of 40 CFR Part 51 are expressly excluded from any incorporation by refe rence into these rules: (10-6-10)

State Effective:10/6/10; EPA Effective: 8/16/2012

i. All sections included in 40 CFR Part 51, Subpart P, Protection of Visibility, except that 40 CFR 51.301, 51.304(a), 51.307, and 51.308 are incorporated by reference into these rules; and (3-30-07)

ii. Appendix Y to Part 51, Guidelines fo r BART Determinations Under the Regional Haze Rule. (3-30-07)

State Effective:3/30/07; EPA Effective: 12/27/2010

b. National Primary and Secondary Ambient Air Quality Standards, 40 CFR Part 50, revised as of July 1, 2010. (10-6-10)

c. Approval and Promulgation of Implementation Plans, 40 CFR Part 52 revised as of July 1, 2010. (10-6-10)Page 29 d. Ambient Air Monitoring Reference and Equi valent Methods, 40 CFR Part 53, revised as of July 1, 2010. (10-6-10)

e. Ambient Air Quality Surveillance, 40 CFR Part 58, revised as of July 1, 2010. (10-6-10)

f

. Standards of Performance for New Stationary Sources, 40 CFR Part 60, revised as of July 1, 20 10

. ( 10

- 6

- 10 )

g

. National Emission Standards for Hazardous Air Pollu tants, 40 CFR Part 61, revised as of July 1, 20 10

. ( 10

- 6

- 10 )

h

. National Emission Standards for Hazardous Air Pollutants for Source Categories, 40 CFR Part 63, revised as of July 1, 20 10

. ( 10

- 6

- 10 )

i

. Compliance Assurance Monitoring, 40 CFR Part 64, revised as of July 1, 20 10

. ( 10

- 6

- 10 )

j

. Permits, 40 CFR Part 72, revised as of July 1, 20 10

. ( 10

- 6

- 10 )

k

. Sulfur Dioxide Allowance System, 40 CFR Part 73, revised as of July 1, 20 10

. ( 10

- 6

- 10 )

l

. Protection of Stratospheric Ozone, 40 CFR Part 82, revised as of July 1, 20 10

. ( 10

- 6

- 10 )

m

. Clean Air Act, 42 U.S.C. Sect ions 7401 through 7671g (1997). (3

- 19

- 99)

n. Determining Conformity of Federal Actions to State or Federal Implementation Plans: Conformity to State or Federal Implementati on Plans of Transportation Plans, Programs and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the Federal Transit Laws, 40 CFR Part 93, Subpart A, Sections 93.100 through 93.129, revised as of July 1, 2010, except that Sections 93.102(c), 93.104(d), 93.104(e)(2), 93.105, 93.109(c)-(f), 93.118(e), 93.119(f)(3), 93.120(a)(2), 93.121(a)(1), and 93.124(b) are expressly omitted from the incorporation by reference. (10-6-10)

o

. The final rule for Standards of Performan ce for New and Existing Stationary Sources: Electric Utility Steam Generating Units, 70 Fed. Re g. 28,606 (May 18, 2005), corrected at 70 Fed. Reg. 51,266 the final rule for Standards of Performance for Electric Utility Steam Generating Units, Industrial

- Commercial

- Institutional Steam Generating Units, and Small

Industrial

- Commercial

- Institutional St eam Generating Units, only as it applies to coal fired electric steam generating units as defi ned in 40 CFR 60.24, 71 Fed. Reg. 9865 (February 27, 2006); Revision of December 2000 Clean Air Act Section 112(n) Finding Regarding Electric Utility Steam Genera ting Units; and Standards of Performance for New and Existing Electric Utility Steam Genera ting Units: Reconsideration, 71 Fed. Reg. 33,388 (June 9, 2006) are expressly excluded from any incorporation by reference into these rules. (3

- 30

- 07)Page 30 p. The final rule for Primary National Ambient Air Quality Standards for Sulfur Dioxide, 75 Fed. Reg. 35,520 through 35,603 (June 22, 2010) to be codified at 40 CFR Part 50 (National Primary and Secondary Ambient Air Quality Standards), 40 CFR Part 53 (Ambient Air Monitoring Reference and Equivalent Methods), and 40 CFR Part 58 (Ambient Air Quality Surveillance). This final rule is effective on August 23, 2010. (10-6-2010)

q. The final rule for Prevention of Signifi cant Deterioration and Title V Greenhouse Gas Tailoring Rule, 75 Fed. Reg. 31,514 through 31,608 (June 3, 2010) to be codified at 40 CFR Part 51 (Requirements for Prep aration, Adoption, and Submittal of Implementation Plans), 40 CRF Part 52 (Approval and Promulgation of Implementation Plans), and 40 CFR Part 70 (State Operating Permit Programs). This fi nal rule is effectiv e on August 2, 2010. (10-6- 2010)

State Effective: 10/06/10; EPA Effective: 8/16/2012

SECTION 58.01.01.121. COMPLIANCE REQUIR EMENTS BY DEPARTMENT Any person engaged in an activity which may viol ate the air quality prov isions of the Act, violate an air quality order issued or entered in accordance with the Act or these rules, or violate any of these rules, may be required by th e Department to do any of the following:

01. Schedule . Prepare a proposed schedule whereby the unlawful activity will be brought into compliance over a specified period of time.

02. Report . Submit periodic reports to the Departme nt indicating progress in achieving compliance.

03. Records . Submit, keep and maintain appropriate records.

04. Monitoring . Monitor air pollutants at the source, in the ambient air, or in vegetation to demonstrate compliance.

05. Episode Plans . Develop emergency episode plans to help prevent ambient air pollution concentrations from reaching leve ls which would cause substantial endangerment to health or the

environment.

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.122. INFORMATION O RDERS BY THE DEPARTMENT The Department may issue information orders as follows: (5-1-94)

01. Purpose . For the purpose of: (5-1-94)

a. Developing or assisting in the development of any implementation plan, any standard of performance, any emission sta ndard or any rule; (5-1-94)

b. Determining whether any person is in viol ation of any standard of performance, any emission standard, any implementation plan or any rule; or (5-1-94)Page 31 c. Carrying out any air quality provisions of the Act, any air quality order issued or entered in accordance with the Act or rules, or any of these rules. (5-1-94)

02. Persons . The Department may issue an informa tion order to any person who: (5-1-94)

a. Owns or operates any em ission source; (5-1-94)

b. Manufactures emission c ontrol equipment; (5-1-94)

c. The Department believes may have informa tion necessary to meet the intent of these rules; or (5-1-94)

d. Is subject to any requirem ent of these rules. (5-1-94)

03. Requirements . The information order may require the person to perform the following on a one- time, periodic or co ntinuous basis: (5-1-94)

a. Establish, maintain and submit records; (5-1-94)

b. Make reports; (5-1-94)

c. Install, use, and maintain monitoring equi pment, and use audit procedures, or methods; (5-1-94)

d. Sample emissions in accordance with procedur es or methods, at such locations, at such intervals, during such periods and in such manner as the Depa rtment shall prescribe; (5-1- 94)

e. Keep records on control equipment paramete rs, production variable s or other indirect data when the Department determines that direct monitoring of emissions is impractical; (5-1-94)

f. Submit compliance certificat ions including: (5-1-94)

i. Identification of the applicable requirement that is the basis of the certification; (5- 1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

ii. The method(s) or other means used by the owner or operator for determining the compliance status for each applicable requirement, and whether such methods or other means provide continuous or intermittent data; and (4-5-00)

iii. The status of compliance with each applicable requirement, based on the method or means designated in Subsection 122.03.f. ii. The certification shall identify each

deviation and take it into account in the compliance cer tification. The certification shall also identify as possible exceptions to compliance any periods during which compliance is required and in which an excursion or exceedance as defined under 40Page 32 CFR Part 64 occurred; and (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

g. Provide such other information as the Department may require. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.123. CERTIFICAT ION OF DOCUMENTS All documents, including but not limited to, a pplication forms for permits to construct, application forms for operating permits, progress reports, records, mon itoring data, supporting information, requests for confidential treatment, testing reports or compliance certifications submitted to the Department shall contain a certification by a responsible official. The certification shall state that, base d on information and belief form ed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.124. TRUTH, ACCU RACY AND COMPLETENESS OF

DOCUMENTS All documents submitted to the Department shall be truthful, accurate and complete.

State Effective: 5/1/94, EPA Effective: 2/18/2003

SECTION 58.01.01.125. FALS E STATEMENTS No person shall knowingly make any false statemen t, representation, or cer tification in any form, notice, or report required under any permit, or a ny applicable rule or order in force pursuant

thereto.

State Effective: 3/23/98; EPA Effective: 2/18/2003

SECTION 58.01.01.126. TAMPERING No person shall knowingly render inaccurate an y monitoring device or method required under any permit, or any applicable rule or order in force pursuant thereto.

State Effective: 3/23/98; EPA Effective: 2/18/2003

SECTION 58.01.01.127. FORMAT OF RESPONSES All responses and information submitted to th e Department shall be provided in a format approved by the Department.

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.130. STARTUP, SHUTDO WN, SCHEDULED MAINTENANCE, SAFETY MEASURES, UPSET AND BREAKDOWN The purpose of Sections 130 through 136 is to es tablish procedures and requirements to be implemented in all excess emissions events and to establish criteria to be applied by the Department in determining whether to take enfo rcement action to impose penalties for an excess

emissions event where the excess emissions are caused by startup, shutdown, scheduled maintenance, upset, or breakdown of any emissions unit or which occur as a direct result of the implementation of any safety measure.

State Effective: 4/5/00; EPA Effective: 2/18/2003

SECTION 58.01.01.131. EXCESS EMISSIONS 01. Applicability . The owner or operator of a facility or emissions unit generating excessPage 33 emissions shall comply with Sections 131, 132, 133.01, 134.01, 134.02, 134.03, 135, and 136, as applicable. If the owner or ope rator anticipates requesting co nsideration under Subsection 131.02, then the owner or operator shall also co mply with the applic able provisions of Subsections 133.02, 133.03, 134.04, and 134.05.

02. Enforcement Action Criteria . Where an excess emissions event occurs as a direct result of startup, shutdown, or scheduled maintenance, or an unavoidable upset or unavoidable breakdown, or the implementation of a safety me asure, the Department shall consider the sufficiency of the information submitted and the following criteria to determine if an enforcement action to impose penalties is warranted:

a. Whether prior to the excess emissions event, the owner or operator submitted and implemented procedures pursuant to S ubsections 133.02 and 133.03 or Subsections 134.04 and 134.05, as applicable;

b. Whether the owner or opera tor complied with all relevant portions of Subsections 131, 132, 133.01, 134.01, 134.02, 134.03, 135, and 136;

c. Whether the excess emissions event was part of a recurring pattern of excess emissions events indicative of inadequate design, operation or maintenance of the facility or emissions unit; and

d. Where appropriate, whether the excess emissions event was caused by an activity necessary to prevent loss of life, personal injury or severe property damage.

03. Effect Of Determination . Any decision by the Departme nt under Subsection 131.02 shall not excuse the owner or operator from compliance with the relevant emission standard and shall not preclude the Department from taking an enfo rcement action to enjoin the activity causing the excess emissions. Any decision made by the Department under Subsection 131.02 shall not preclude the Department from taking an enforcem ent action for future or other excess emission events. The affirmative defense for emergenc ies under Section 332 of these Rules may be applied in addition to the provi sions of Sections 130 through 136.

State Effective: 4/5/00; EPA Effective: 2/18/2003

SECTION 58.01.01.132. CORRECTION OF CONDITION The person responsible for, or in charge of a facility during, an excess emissions event shall, with all practicable speed, initiate and complete appropriate and reasonable action to correct the conditions causing such excess emissions event; to reduce the frequency of occurrence of such events; to minimize the amount by which the emi ssion standard is exce eded; and shall, as provided below or upon request of the Departme nt, submit a full report of such occurrence, including a statement of all known causes, and of the scheduling and nature of the actions to be

taken.

State Effective: 4/5/00; EPA Effective: 2/18/2003

SECTION 58.01.01.133. STARTUP, SHUTDOWN AND SCHEDULED MAINTENANCE REQUIREMENTSPage 34 The requirements in Subsection 133.01 shall apply in all case s where startup, shutdown, or scheduled maintenance of any equipment or emissions unit is expected to result or results in an excess emissions event. The owner or operator of the facility or emissions unit generating the excess emissions shall demonstrate compliance with all of the requirements of Subsection 133.01, as well as the development and implementati on of procedures pursuant to Subsections 133.02 and 133.03 as a prerequisite to any cons ideration under Subsection 131.02. (4-5-00)

01. General Provisions . The following shall pertain to a ll startup, shutdown, and scheduled maintenance activities expected to result or resulting in excess emissions: (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

a. No scheduled startup, shutdown, or maintenan ce resulting in excess emissions shall occur during any period in which an Atmospheric Stagnation Advisory and/or a Wood Stove Curtailment Advisory has been declared by the Department within an area designated by the Department as a PM-10 nonattainment area, unle ss the permittee demonstrates that such is reasonably necessary to faci lity operations and cannot be reasonably avoided and the Department approves such activity in advan ce, to the extent advance approval by the Department is feasible. This prohibition on scheduled startup, shutdown or maintenance activities during Advisories doe s not apply to situations wh ere shutdown is necessitated by urgent situations, such as imminent equipmen t failure, power curtailment, worker safety

concerns or similar situations. (3-20-97)

State Effective: 3/20/97; EPA Effective: 2/18/2003

b. The owner or operator of a source of excess emissions sha ll notify the Department of any startup, shutdown, or scheduled maintenance even t that is expected to cause an excess

emissions event. Such notification shall identi fy the time of the excess emissions, specific location, equipment involved, and type of excess emissions event (i.e. startup, shutdown, or scheduled maintenance). The notification shall be given as soon as reasonably possible, but no later than two (2) hours prior to the start of the excess emissions event unless the owner or operator demonstrates to the Department’s satisfaction that a shor ter advanced notice was necessary. The Department may prohibit or pos tpone any scheduled startup, shutdown, or maintenance activity upon consid eration of the fact ors listed in Subsection 134.03. (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

c. The owner or operator of a source of excess emissions shall report and record the information required pursuant to Sections 135 and 136 for each excess emissions event due to startup, shutdown, or scheduled maintenance. (3-20-97)

State Effective: 3/20/97; EPA Effective: 2/18/2003

d. The owner or operator of a source of excess emissions must make the maximum reasonable effort, including off-shift labor where practicable to accomplish maintenance during periods of nonoperation of any related source operations or equipment. (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

02. Excess Emissions Procedures . For all equipment or emi ssions unit from which excess emissions may occur during start up, shutdown, or scheduled maintena nce, the facility owner or operator shall prepare, implement and file with th e Department specific procedures which will bePage 35 used to minimize excess emissions during such even ts. Specific information for each of the types of excess emissions events (i.e. startup, shut down and scheduled maintenance) shall be established or documented for each piece of equipm ent or emissions unit and shall include all of the following (which may be based upon the f acility owner or operato r’s knowledge of the process or emissions where measured data is unavailable): (4-5-00)

a. Identification of the specific equipment or emissions unit and the type of event anticipated. (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

b. Identification of the specific emissions in excess of applicable emission standards during the startup, shutdown, or scheduled maintenance period. (4-11-06)

State Effective: 4/11/06; EPA Effective: 12/27/2010

c. The estimated amount of excess emissions exp ected to be released during each event. (3- 20-97)

d. The expected duration of each excess emissions event. (3-20-97)

e. An explanation of why the excess emissions are reasonably unavoidable for each of the types of excess emissions events (i.e. start up, shutdown, and scheduled maintenance). (3-20- 97)

f. Specification of the frequency at which each of the types of excess emissions events (i.e. startup, shutdown, and scheduled maintenan ce) are expected to occur. (3-20-97)

State Effective: 3/20/97; EPA Effective: 2/18/2003

g. For scheduled maintenance, the owner or operator shall also document detailed explanations of: (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

i. Why the maintenance is needed. (3-20-97)

State Effective: 3/20/97; EPA Effective: 2/18/2003

ii. Why it is impractical to reduce or ceas e operation of the equipment or emissions unit during the scheduled ma intenance period. (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

iii. Why the excess emissions are not reas onably avoidable through better scheduling of the maintenance or through better opera tion and maintenance practices. (3-20-97)

State Effective: 3/20/97; EPA Effective: 2/18/2003

iv. Why, where applicable, it is necessary to by-pass, take off line, or operate equipment or emissions unit at reduced e fficiency while the maintenance is being performed. (4-5-00)

h. Justification to explain why the piece of e quipment or emissions unit cannot be modified or redesigned to eliminate or reduce the excess emissions which occur during startup,Page 36 shutdown, and scheduled ma intenance. (4-5-00)

i. Detailed specification of the procedures to be followed by the owner or operator which

will minimize excess emissions at all times during startup, shut down, and scheduled maintenance. These procedures may include such measures as preheating or otherwise conditioning the emissions unit prior to its use or the application of auxiliary equipment or emissions unit to reduce the excess emissions. (4-5-00)

03. Amendments to Procedures . The owner or operator shall amend, and the Department may require amendments to, the procedures establishe d pursuant to Section 133 from time to time and as deemed reasonably necessary to ensure that the procedures are and re main consistent with good pollution control practices. (4-5-00)

04. Filing Of Excess Emissions Procedures . (4-5-00)

a. Unless otherwise required by the Department, the failure to prepare or file procedures pursuant to Subsection 133.02 shall not be a violation of these Rule s in and of itself. (4-5- 00)

b. To the extent procedures or plans for excess emissions resulting from startup, shutdown, or scheduled maintenance are required to be or are otherwise submitted to the Department with any permit application, such submission, if deemed adequate by the Department, shall fulfill the requirement under this Section to file plans and pro cedures with the Department. (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

SECTION 58.01.01.134. UPSET, BREAKDOW N AND SAFETY REQUIREMENTS The requirements in Subsections 134.01, 134.02, and 134.03 shall apply in all cases where upset or breakdown of equipment or an emissions unit, or the initiation of safety measures, result or may result in an excess emissions event. The owne r or operator of the facility or emissions unit generating the excess emissions shall demonstrat e compliance with all of the requirements of Subsections 134.01, 134.02 and 134.03 as well as the development and implementation of procedures pursuant to Subsections 134.04 and 134.05 as a prerequisite to any consideration under Subsection 131.02. Where the owner or oper ator demonstrates that because of the

unforeseeable nature of the excess emissions even t it is impractical to develop procedures pursuant to Subsection 134.04, the Department sha ll exercise its enforcement discretion on a case by case basis. (4-5-00)

01. Routine Maintenance And Repairs . For all equipment or emissions units from which excess emissions may occur during upset conditions or breakdowns or implementation of safety measures, the facility owner or operator shall: (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

a. Implement routine preventative maintenan ce and operating procedures consistent with good pollution control practices for minimizing upsets and breakdowns or events requiring implementation of safety measures, and (3-20-97)Page 37 b. Make routine repairs in an expeditious fashion when the owner or operator knew or

should have known that an excess emissions event was likely to occur. Off-shift labor and overtime shall be utilized, to the extent practi cable, to ensure that such repairs are made expeditiously. (3-20-97)

State Effective: 3/20/97; EPA Effective: 2/18/2003

02. Excess Emissions Minimi zation And Notification . For all equipment or emissions units from which excess emissions result during upset or breakdown conditions, or for other situations that may necessitate the implementation of safe ty measures which cause excess emissions, the facility owner or opera tor shall comply with the following: (4-5-00)

a. The owner or operator shall immediately unde rtake all appropriate measures to reduce and, to the extent possible, eliminate excess emissions resulting from the event and to minimize the impact of such excess emissions on the ambient air quality and public health. (4-5-00)

b. The owner or operator shal l notify the Department of a ny upset/breakdown/safety event

that results in excess emissions. Such notifica tion shall identify the time, specific location, equipment or emissions unit involved, and (to the extent known) the cause(s) of the

occurrence. The notification sha ll be given as soon as reasonab ly possible, but no later than twenty-four (24) hours after the event, unless the owner or op erator demonstrates to the Department’s satisfaction that the longer reporting period was necessary. (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

c. The owner or operator shal l report and record the info rmation required pursuant to Sections 135 and 136 for each excess emissions event caused by an upset, breakdown, or safety measure. (3-20-97)

State Effective: 3/20/97; EPA Effective: 2/18/2003

03. Discretionary Reduction Or Cessation Provisions . During any period of excess emissions caused by upset, breakdown, or operation under faci lity safety measures, the Department may require the owner or operator to immediately reduce or cease operation of the equipment or emissions unit causing the excess emissions until such time as the condition causing the excess emissions has been corrected or brought under c ontrol. Such action by the Department shall be taken upon consideration of the following factors a nd after consultation with the facility owner or operator: (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

a. Potential risk to the public or the environment. (3-20-97)

State Effective: 3/20/97; EPA Effective: 2/18/2003

b. Whether ceasing operations could result in physical damage to the equipment, emissions unit or facility, or cause in jury to employees. (4-5-00)

c. Whether continued excess emissions were reasonably unavoidable as determined by the Department. (4-5-00)Page 38 d. The effect of the increase in pollution resu lting from the shutdown and subsequent restart of the equipment or emissions unit or facility. (4-5-00)

e. The owner or operator shall not be require d to reduce or cease ope rations at the entire facility if reducing or ceasing ope rations at a portion of the facil ity eliminates or adequately reduces the excess emissions. (4-5-00)

04. Excess Emissions Procedures . For equipment or emissions units and process upsets and

breakdowns and situations that require implementation of safety measures, which events can reasonably be anticipated to occur periodically but which cannot be reasonably avoided or predicted with certainty, the ow ner or operator shall prepare, implement, and file with the Department specific procedures which will be used to minimize such events and excess emissions during such events. To the extent possible and reasonably pr acticable (and based upon knowledge of the process or emissions where m easured data is not available), specify the following information for each type of anticip ated upset/ breakdown/safety event: (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

a. The specific air pollution control equipment or emissions unit and the type of event anticipated. (3-20-97)

State Effective: 3/20/97; EPA Effective: 2/18/2003

b. The specific emissions in excess of applicab le emission standards dur ing the event. (4- 11-06)

State Effective: 4/11/06; EPA Effective: 12/27/2010

c. The estimated amount of excess emissions exp ected to be released during each event. (3- 20-97)

d. The expected duration of each excess emissions event. (3-20-97)

e. An explanation of why the excess emissi ons are reasonably una voidable. (3-20-97)

f. The frequency of the type of event, based on historic occurrences. (3-20-97)

g. Justification to explain w hy the piece of control equipment or emissions unit cannot be modified or redesigned to eliminate or reduc e the particular type of event. (3-20-97)

h. Detailed specification of the procedures to be followed by the owner or operator which

will minimize excess emissions at all times dur ing such events, including without limitation those procedures listed u nder Subsection 134.05. (3-20-97)

State Effective: 3/20/97; EPA Effective: 2/18/2003

05. Amendments To Procedures . The owner or operator shall amend, and the Department may require amendments to, the procedures establishe d pursuant to Section 134 from time to time and as deemed reasonably necessary to ensure that the procedures are and re main consistent with good pollution control practices. (4-5-00)Page 39 06. Filing Of Excess Emissions Procedures

.

a. Failure to follow procedures filed with the Department shall not preclude the Department from making a determination under Subs ection 131.02 if the owner or operator demonstrates to the Department’s satisfaction th at alternate and equiva lent procedures were used and were necessitated by the exig ency of the circumstances. (4-5-00)

b. Unless otherwise required by the Department, the failure to prepare or file procedures pursuant to Subsection 134.04 shall not be a violation of these Rule s in and of itself. (4-5- 00)

c. To the extent procedures or plans for ex cess emissions resulting from upsets, breakdowns or safety measures are required to be or are otherwise submitted to the Department with any permit application, such submission, if deemed adequate by the Department, shall fulfill the requirement under this Section to file plans and procedures w ith the Department. (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

SECTION 58.01.01.135. EXCESS EMISSIONS REPORTS 01. Deadline For Excess Emissions Reports . A written report for each excess emissions event shall be submitted to the Department by the owner or operator no later than fifteen (15) days after the beginning of each such event. (3-20-97)

02. Contents Of Excess Emissions Reports . Each report shall contain the following information: (3-20-97)

a. The time period during which the ex cess emissions occurred; (3-20-97)

b. Identification of the sp ecific equipment or emissions unit which caused the excess emissions; (3-20-97)

c. An explanation of the cause, or causes, of the excess emissions and whether the excess

emissions occurred as a result of start up, shutdown, scheduled maintenance, upset, breakdown or a safety measure; (3-20-97)

State Effective: 3/20/97; EPA Effective: 2/18/2003

d. An estimate of the emissions in excess of any applicable emissi on standard (based on knowledge of the process and facility where em issions data is unavailable); (4-11-06)

State Effective: 4/11/06; EPA Effective: 12/27/2010

e. A description of the activiti es carried out to eliminate the excess emissions; and (3-20- 97)

State Effective: 3/20/97; EPA Effective: 2/18/2003

f. Certify compliance status with th e requirements of Sections 131, 132, 133.01, 134.01 through 134.03, 135, and 136. (4-5-00)Page 40 g. If requesting consider ation under Subsection 131.02, certif y compliance status with Sections 131, 132, 133.01 through 133.03, 134.01 through 134.05, 135, and 136. (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

SECTION 58.01.01.136. EXCESS EMISSIONS RECORDS

01. Maintenance Of Excess Emissions Records . The owner or operator shall maintain excess

emissions records at the facili ty for the most recent five (5) calendar year period. (3-20-97)

02. Availability Of Excess Emissions Records . The excess emissions records shall be made available to the Departme nt upon request. (3-20-97)

03. Contents Of Excess Emissions Records . The excess emissions records shall include the following: (3-20-97)

State Effective: 3/20/97; EPA Effective: 2/18/2003

a. An excess emissions log book for each emissions unit or piece of equipment containing copies of all reports that have been submitted to the Department pursuant to Section 135 for the particular emissions unit or equipment; and (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

b. Copies of all startup, shutdown, and scheduled maintenance procedures and upset/breakdown/ safety preventative maintenanc e plans which have been developed by the owner or operator in accordance with Sec tions 133 and 134, and facility records as necessary to demonstrate compliance with such procedures a nd plans. (3-20-97)

State Effective: 3/20/97; EPA Effective: 2/18/2003

04. Protections Under Section 128 . The protections under Section 128 for confidential

information shall be available for excess emissi ons reports and records upon proper request of the owner or operator in accord ance with Section 128. (3-23-98)

State Effective: 3/23/98; EPA Effective: 2/18/2003

SECTION 58.01.01.155. CIRCUMVENTION No person shall willfully cause or permit the in stallation or use of any device or use of any means that conceals emissions of pollutants that would otherwise violate the provisions of this chapter without resulting in a reduction in the total amount of emissions. (4-11-06)

State Effective: 4/11/06; EPA Effective: 12/27/2010

SECTION 58.01.01.156. TOTAL COMPLIANCE Where more than one (1) section of these rules a pplies to a particular si tuation, all such rules must be met for total compliance, unless otherwise provided for in these rules.

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.157. TEST METHODS AND PROCEDURES The purpose of this Section is to establish pro cedures and requirements for test methods and results. Unless otherwise specified in these rules, permit, order, consent decree, or prior written approval by the Department:Page 41 01. General Requirements . If a source test is performe d to satisfy a performance test requirement or a compliance test requirement impo sed by state or federal regulation, rule, permit, order or consent decree, then th e test methods and procedures sh all be conducted in accordance with the requirements of Section 157.

a. Prior to conducting any emission test, owners or operators are strongly encouraged to submit to the Department in writing, at least th irty (30) days in advance, the following for approval:

i. The type of method to be used;

ii. Any extenuating or unusual circumst ances regarding the proposed test; and

iii. The proposed schedule for conducting and reporting the test.

b. Without prior Department approval, any a lternative testing is c onducted solely at the owner’s or operator’s risk. If the owner or operator fails to obtain prior written approval by the Department for any testing deviations, th e Department may determine the test does not satisfy the testing requirements.

02. Test Requirements . Tests shall be conducted in accordance with the following requirements.

a. The test must be conducte d under operational conditions specifi ed in the applicable state or federal regulation, rule, permit, order, cons ent decree or by Depart ment approval. If the operational requirements are not specified, th e source should test at worst-case normal operating conditions. Worst-case normal conditions are those conditions of fuel type, and moisture, process material makeup and mois ture and process procedures which are changeable or which could reasonably be expe cted to be encountered during the operation of the facility and which would re sult in the highest pollutant em issions from the facility.

b. The Department may impose operational limita tions or require addi tional testing in a permit, order or consent decree if the test is conducted unde r conditions other than worstcase normal.

c. The Department will accept the methods appr oved for the applicable pollutants, source type and operating conditions found in 40 CF R Parts 51, 60, 61, and 63 in determining the appropriate test method for an emission lim it where one is not otherwise specified.

d. The following requirements apply to owners or operators requesting minor changes in

the test method. As stated in Subsection 157.01 above, without prior Department approval, other changes may result in rejection of the test results by the Department.

i. For federal emission standards co dified at 40 CFR Parts 60, 61, and 63, the Department will accept those minor changes which have received written approval ofPage 42 the U.S. EPA Administrator so long as the Department determines they are appropriate for the specific application.

ii. For all other emission standards in these rules or for permit requirements, the Department will accept those minor change s that the Department determines are appropriate for the specific application.

e. An owner or operator proposing to use an al ternative test method not considered a minor change in Subsection 157.02.d. above, must:

i. Demonstrate to the Department by compar ative testing or sufficient analysis, that the alternative method is comparable and equivalent to the designated test method.

ii. Submit the request for approval to use an alternative test method to the Department at least thirty (30) da ys in advance of a scheduled test.

iii. Obtain, and submit to the Department, EP A approval for use of the alternative test

method for emission standards in these rules (except for state only toxic air pollutant standards) or for federal emission standa rds codified at 40 CFR Parts 60, 61, and 63.

iv. Obtain verification that any prior a pproval of an alternative test method by the Department continues to be acceptable. Alternative methods may cease to be acceptable if new or different information indicates that th e alternative test method is less accurate, less reliable, or not compar able with any current state or federal regulation, rule order, perm it, or consent decree.

f. Prior approval by the Department may not constitute Department approval for subsequent

tests if new or different info rmation indicates that a previ ously Department approved test method is less accurate, less reliable or not co mparable with any curr ent state or federal regulation, rule, order, permit or consent decree.

03. Observation Of Tests By Department Staff . The owner or operator shall provide notice of intent to test to the Department at least fifteen (15) days prior to the scheduled test, or shorter time period as provided in a permit, order, c onsent decree or by Department approval. The Department may, at its option, have an observe r present at any emissi ons tests conducted on a

source.

04. Reporting Requirements . If the source test is performe d to satisfy a performance test requirement imposed by state or federal regulatio n, rule, permit, order, or consent decree, a written report shall be submitted to the Department within thirty (30) days of the completion of the test. The written report shall:

a. Meet the format and content requirements sp ecified by the Department in any applicable rule, regulation, guidance, permit, order, or c onsent decree. Any deviations from the format and contents specified require prior written approval from the Department. Failure to obtainPage 43 such approval may result in th e rejection of the test results.

b. Include all data required to be noted or recorded in any referenced test method.

05. Test Results Review Criteria . The Department will make every effort to review test results within a reasonable time. The Department may reject tests as invalid for:

a. Failure to adhere to the approved/required method;

b. Using a method inappropriate for th e source type or operating conditions;

c. An incomplete written report;

d. Computational or data entry errors;

e. Clearly unreasonable results;

f. Failure to comply with th e certification require ments of Section 123 of these rules; or

g. Failure of the source to conform to opera tional requirements in orders, permits, or

consent decrees at the time of the test.

State Effective: 4/5/00; EPA Effective: 2/18/2003

SECTION 58.01.01.160. PROVISIONS GOVERNI NG SPECIFIC ACTIVITIES AND

CONDITIONS Sections 160 through 164 establis h provisions governing specific activities and conditions. Test methods and procedures shall comply with Section 157.

State Effective: 4/5/00; EPA Effective: 2/18/2003

SECTION 58.01.01.162. MODIFYING PHYSICAL CONDITIONS When physical conditions such as tall adjacent build ings, valley and mountain terrain, etc., are such as to limit the normal dispersion of air pollutants, the Board may set more restrictive

emission limitations on those sources affected by the unusual conditions when air quality standards would reasonably be expected to be exceeded.

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.163. SOURCE DENSITY Should areas develop where each in dividual source is meeting the re quirements of this chapter, yet the ambient air quality standards are being ex ceeded or might reasonably be expected to be exceeded, the Board may set more restrictive emi ssion limits than are contained in this chapter.

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.164. POLYCHLORINA TED BIPHENYLS (PCBS) 01. Prohibition On Burning . Burning any material containing greater than five (5) parts per million of polychlorinated biphenyls (PCBs) is prohibited, except for incineration for the purpose of disposal. Incineration for disposal shall co mply with the following provisions: (5-1-94)Page 44 a. No person shall commence construction or modification of a PCB incinerator without a permit issued according to Sections 200 through 225. (5-1-94)

b. The Department must provide opportunity for public comments prior to a final decision for a permit to construct or modify a new PCB incinerator. (5-1-94)

c. A permit issued according to Sections 200 through 225 for construction or modification

of a PCB incinerator shall re quire, as a minimum, best av ailable control technology and monitoring instrumentation. (5-1-94)

d. No permit to operate, construct or modify a PCB incinerator shall be processed or issued prior to March 16, 1987, or such earlier date as shall be determined by the State Board of Environmental Quality. (5-1-94)

02. Prohibition On Sales . No person shall sell, distribute or provide any ma terials containing greater than five (5) parts per million PCBs for home or commercial heating equipment. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.200. PROCEDURES AND RE QUIREMENTS FOR PERMITS TO

CONSTRUCT. The purposes of Sections 200 through 228 is to establish uniform procedures and requirements

for the issuance of “Permits to Construct.” As used throughout Sect ions 200 through 228 and 578 through 581, major facility shall be defined as major stationary source in 40 CFR 52.21(b), incorporated by reference into these rules at Section 107, an d major modification shall be defined as in 40 CFR 52.21(b), in corporated by reference into th ese rules at Section 107. These

CFR sections have been codified in th e electronic CFR which is available at www.gpoaccess.gov/ecfr.

State Effective: 4/2/00; EPA Effective: 12/27/2010

SECTION 58.01.01.201. PERMIT TO CONSTRUCT REQUIRED No owner or operator may commence construction or modification of a ny stationary source, facility, major facility, or majo r modification without first obtain ing a permit to construct from the Department which satisfies the requirement s of Sections 200 through 228 unless the source is exempted in any of Sections 220 through 223, or the owner or operator complies with Section 213 and obtains the required permit to construct.

State Effective: 7/1/02; EPA Effective: 12/27/2010

SECTION 58.01.01.202. APPLICATION PROCEDURES Application for a permit to construct must be ma de using forms furnished by the Department, or by other means prescribed by the Department. The application shall be certified by the responsible official in accordance with Secti on 123 and shall be accompanied by all information necessary to perform any anal ysis or make any determina tion required under Sections 200 through 228. (7-1-02)

01. Required Information . Depending upon the proposed size and location of the new or modified stationary source or facility, the applica tion for a permit to construct shall include all ofPage 45 the information required by one or more of the following provisions: (5-1-94)

a. For any new or modified statio nary source or facility: (5-1-94) i. Site information, plans, descriptions , specifications, and drawings showing the design of the stationary sour ce, facility, or modificati on, the nature and amount of emissions (including secondary emissions), and the manner in which it will be operated and controlled. (5-1-94)

ii. A schedule for construction of the stat ionary source, facility, or modification. (5- 1-94)

b. For any new major facility or major modi fication in a nonattainment area which would be major for the nonattainment regulated air pollutant(s): (4-5-00)

i. A description of the system of con tinuous emission control proposed for the new major facility or major modification, emission estimates, and other information as necessary to determine that the lowest achie vable emission rate would be applied. (5- 1-94)

ii. A description of the emission offsets proposed for the new major facility or major modification, including information on the stationary sources, mobile sources, or facilities providing the offsets, emission es timates, and other information necessary to determine that a net air quality benefit would result. (4-5-00)

iii. Certification that all other facilities in Idaho, owned or operated by (or under common ownership of) the proposed new major facility or major modification, are in compliance with all local, state or fede ral requirements or are on a schedule for compliance with such. (5-1-94)

iv. An analysis of alternative sites, si zes, production processes, and environmental control techniques which demonstrates that the benefits of the proposed major facility or major modification significantly outwei gh the environmental and social costs imposed as a result of its location, construction, or modi fication. (5-1-94)

v. An analysis of the impairment to visibil ity of any federal Class I area, Class I area designated by the Department, or integral vista of any mandatory federal Class I area that the new major facility or major m odification would impact (including the monitoring of visibility in any Class I ar ea near the new major facility or major modification, if requested by the Department). (4-6-05)

c. For any new major facility or major modifica tion in an attainment or unclassifiable area for any regulated air pollutant. (4-6-05)

i. A description of the system of con tinuous emission control proposed for the new major facility or major modification, emission estimates, and other information asPage 46 necessary to determine that the best avai lable control technol ogy would be applied. (5-1-94)

ii. An analysis of the effect on air qu ality by the new major facility or major modification, including meteorological and t opographical data necessary to estimate such effects. (5-1-94)

iii. An analysis of the effect on air quality projected for the area as a result of general commercial, residential, industrial, and ot her growth associated with the new major facility or major modification. (5-1-94)

iv. A description of the nature, extent, a nd air quality effects of any or all general commercial, residential, industrial, and ot her growth which has occurred since August 7, 1977, in the area the new major facility or major modification would affect. (5-1- 94)

v. An analysis of the impairment to visi bility, soils, and vegetation that would occur as a result of the new major facility or major modification and general commercial, residential, industrial, and other growth associated with establishment of the new major facility or major modification. The owner or operator need not provide an analysis of the impact on vegetation or soils having no significant commercial or recreational value. (5-1-94)

vi. An analysis of the impairment to visibili ty of any federal Class I area, Class I area designated by the Department, or integral vi sta of any mandatory federal Class I area that the new major facility or major modification would affect. (5-1-94)

vii. An analysis of the existing ambient air quality in the area that the new major facility or major modification would affect for each regulated air pollutant that a new major facility would emit in significant amounts or for which a major modification would result in a significant ne t emissions increase. (4-5-00)

viii. Ambient analyses as specified in Subsections 202.01c.vii., 202.01c.ix., 202.01c.x., and 202.01c.xii., may not be required if the projected increases in ambient concentrations or existing ambient concen trations of a particular regulated air pollutant in any area that the new major f acility or major modification would affect are less than the following amounts, or the re gulated air pollutant is not listed herein:

carbon monoxide - five hundred and seventy-five (575) micrograms per cubic meter, eight (8) hour average; nitr ogen dioxide - fourteen (14) micrograms per cubic meter, annual average; PM-10 - ten (10) microgram s per cubic meter, twenty-four (24) hour average; sulfur dioxide - thirteen (13) mi crograms per cubic meter, twenty-four (24) hour average; ozone - any net increase of one hundred (100) tons per year or more of volatile organic compounds, as a measure of ozone; lead - one-tenth (0.1) of a microgram per cubic meter, calendar quart erly average; mercury - twenty-five hundredths (0.25) of a microgram per cubic meter, twenty-four (24) hour average;Page 47 beryllium - one-thousandth (0.001) of a microgr am per cubic meter, twenty-four (24) hour average; fluorides - twenty-five hundredths (0.25) of a microgram per cubic meter, twenty-four (24) hour average; viny l chloride - fifteen (15) micrograms per cubic meter, twenty-four (24) hour average; hydrogen sulfide - two-tenths (0.2) of a microgram per cubic meter, on e (1) hour average. (4-5-00)

ix. For any regulated air pollutant which has an ambient air quality standard, the analysis shall include continuous air m onitoring data, gathered over the year preceding the submittal of the application, un less the Department determines that a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorter than one (1) year, but not less than four (4) months, which is adequate for determining whether the emissi ons of that regulate d air pollutant would

cause or contribute to a violation of the ambient air quality standard or any prevention of significant deterioration (PSD) increment. (4-5-00)

x. For any regulated air pollutant whic h does not have an ambient air quality standard, the analysis shall contain such air quality monitoring data that the Department determines is necessary to assess ambient air quality for that air pollutant in any area that the emissions of that air pollutant woul d affect. (4-5-00)

xi. If requested by the Department, monitori ng of visibility in any Class I area the proposed new major facility or major modification would affect. (5-1-94)

xii. Operation of monitoring stations sha ll meet the requirements of Appendix B to 40 CFR Part 58 or such other requirement s as extensive as those set forth in Appendix B as may be approved by the Department. (5-1-94)

02. Estimates Of Ambient Concentrations . All estimates of ambient concentrations shall be based on the applicable air quality models, data bases, and other requirements specified in 40 CFR 51, Appendix W (Guideline on Ai r Quality Models). (4-5-00)

a. Where an air quality mode l specified in the “Guideline on Air Quality Models”, is inappropriate, the model may be modified or another model substituted, subject to written approval of the Administrator of the U.S. Environmental Protection Agency and public comment pursuant to Subsection 209.01.c.; provided that modifications and substitutions of models used for toxic air pollutants will be reviewed by the Department. (4-5-00)

b. Methods like those outlined in the U.S. Environmental Protection Agency's "Interim Procedures for Evaluating Air Quality Models (Revised)" (September 1984) should be used to determine the comparability of air quality models. (5-1-94)

03. Additional Information . Any additional information, plans, specifications, evidence or documents that the Department may require to make the determinations required under Sections 200 through 225 shall be furnis hed upon request. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003Page 48 SECTION 58.01.01.203. PERMIT REQUIREM ENTS FOR NEW AND MODIFIED

STATIONARY SOURCES No permit to construct shall be granted for a new or modified stationary source unless the applicant shows to the satisfaction of the Department all of the following: (5-1-94)

01. Emission Standards . The stationary source or modi fication would comply with all applicable local, state or federa l emission standards. (5-1-94)

02. NAAQS . The stationary source or modification would not cause or si gnificantly contribute to a violation of any ambient air quality standard. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.204. PERMIT REQUIREMEN TS FOR NEW MAJOR FACILITIES

OR MAJOR MODIFICATIONS IN NONATTAINMENT AREAS. New major facilities or major m odifications proposed for locati on in a nonattainment area and which would be major for the nonattainment regulat ed air pollutant are c onsidered nonattainment new source review (NSR) actions and are subject to the requirements in Section 204. Section 202 contains application requirements and Sec tion 209 contains processing requirements for nonattainment NSR permitting actions. The intent of Section 204 is to incorporate the federal nonattainment NSR rule requirements. (4-6-05)

State Effective: 4/6/05; EPA Effective: 12/27/2010

01. Incorporated Federal Program Requirements . Requirements contained in the following subparts of 40 CFR 51.165 are incorporated by reference into these rules at Section 107. Requirements contained in the following subparts of 40 CFR 52.21, are incorporated by

reference at Section 107 of these rules. These CFR sections have been codified in the electronic CFR which is available at www.gpoaccess.gov/ecfr

40 CFR Reference 40 CFR Reference Title

40 CFR 51.165(a)(1) Definitions

40 CFR 51.165(a)(2)(ii) - 51.165(a)(3) Applicability Provisions

40 CFR 51.165(a)(6)(i) - (v) Applicability Provisions

40 CFR 52.21(aa) Actual PALs

(4-2-08)

State Effective: 4/2/08; EPA Effective: 12/27/2010

02. Additional Requirements . The applicant must demonstrat e to the satisfaction of the Department the following: (4-6-05)

a. LAER. Except as otherwise provided in S ection 204, the new major facility or major modification would be operated at the lowest achievable emission rate (LAER) for thePage 49 nonattainment regulated air pollu tant, specifically: (4-6-05)

State Effective: 4/6/05; EPA Effective: 12/27/2010

i. A new major facility w ould meet the lowest achievable emission rate at each new

emissions unit which emits the nonattainment regulated air polluta nt; and (4-5-00)

ii. A major modification would meet the lowest achievable emission rate at each new or

modified emissions unit which has a net emissions increase of the nonattainment regulated air pollutant. (4-5-00)

b. Required offsets. Allowable emissions from th e new major facility or major modification are offset by reductions in actual emissions from stationary sources, faci lities, and/or mobile

sources in the nonattainment area so as to represent reasonable further progress. All offsetting emission reductions must satisfy th e requirements for emi ssion reduction credits (Section 460) and provide for a net air quality benefit which satisfies the requirements of Section 208. If the offsets are pr ovided by other stati onary sources or facilities, a permit to

construct shall not be issued for the new ma jor facility or major modification until the offsetting reductions are made enforceable th rough the issuance of operating permits. The new major facility or major modification may not commence operation, and an operating permit for the new major facility or major modifi cation shall not be effe ctive before the date the offsetting reductions are achieved. (4-5-00)

State Effective: 4/5/00; EPA Effective: 12/27/2010

c. Compliance status. All other so urces in the State owned or operated by the applicant, or by any entity controlling, controlled by or unde r common control with such person, are in compliance with all applicable emission limitations and standards or subject to an enforceable compliance schedule. (5-1-94)

State Effective: 5/1/94; EPA Effective: 12/27/2010

d. Effect on visibility. The effect on visibili ty of any federal Class I area, Class I area designated by the Department, or integral vist a of a mandatory Class I Federal Area, by the new major facility or major modification is consistent with making reasonable progress toward remedying existing and preventing future visibility impairment. Any integral vista which the Federal Land Manager has not identif ied at least six (6) months prior to the submittal of a complete application, or which the Department determines was not identified

in accordance with the cr iteria adopted pursuant to 40 CFR Part 51.304(a), may be exempted from Section 204 by the Department. (3-30-07)

State Effective: 3/30/07; EPA Effective: 12/27/2010

03. Nonmajor Requirements . If the proposed action meets the requirements of an exemption or exclusion under the provisions of 40 CFR 51.165 or 40 CFR 52.21 incorporated in Section 204, the nonmajor facility or stationary source pe rmitting requirements of Sections 200 through 228 apply, including the exemptions in Sections 220 through 223. (4-6-05)

State Effective: 4/6/05; EPA Effective: 12/27/2010Page 50 SECTION 58.01.01.205. PERMIT REQUIREMENTS FOR NEW MAJOR FACILITIES

OR MAJOR MODIFICATIONS IN ATTAIN MENT OR UNCLASSIFIABLE AREAS. The prevention of significant deterioration (PSD) program is a construction permitting program for new major facilities and majo r modifications to existing major facilities located in areas in

attainment or in areas that ar e unclassifiable for any criteria air pollutant. Section 202 contains application requirements and Section 209 contai ns processing requirements for PSD permit actions. The intent of Section 205 is to incorpor ate the federal PSD rule requirements. (4-6-05)

01. Incorporated Federal Program Requirements . Requirements contained in the following subparts of 40 CFR 52.21 are incor porated by reference into thes e rules at Section 107. These

CFR sections have been codified in th e electronic CFR which is available at www.gpoaccess.gov/ecfr.

40 CFR Reference 40 CFR Reference Title

40 CFR 52.21(a)(2) Applicability Procedures

40 CFR 52.21(b) Definitions

40 CFR 52.21(i) Review of Major Statio nary Sources and Major Modifications - Source Applicability and Exempting

40 CFR 52.21(j) Control Technology Review

40 CFR 52.21(k) Source Impact Analysis

40 CFR 52.21(r) Source Obligation

40 CFR 52.21(v) Innovati ve Control Technology

40 CFR 52.21(w) Permit Rescission

40 CFR 52.21(aa) Actual PALS

(4-2-08)

02. Effect on Visibility . The applicant must demonstrate that the effect on visibility of any federal Class I area, Class I area designated by the Department, or integral vista of a mandatory Class I Federal Area, by the new major facility or major modification, is consistent with making reasonable progress toward the national visibi lity goal referred to in 40 CFR 51.300(a). The Department may take into account the costs of compliance, the time necessary for compliance, the energy and non-air quality environmental imp acts of compliance and th e useful life of the source. Any integral vista which the Federal Land Manager has not identified at least six (6) months prior to the submittal of a complete app lication, or which the Department determines was

not identified in accordance with the criteria adopted pursuant to 40 CFR 51.304(a), may be exempted from this requirement by the Department. (3-30-07)

State Effective: 3/30/07; EPA Effective: 12/27/2010Page 51 03. Exception to Incorporation by Reference of 40 CFR 52.21 . Every use of the word Administrator in 40 CFR 52.21 means the Departme nt except for the following: (4-6-05)

a. In 40 CFR 52.21(b)(17), the definition of federally enforceable, Administrator means the EPA Administrator. (4-6-05)

b. In 40 CFR 52.21(l)(2), air quality models, Administrator means the EPA Administrator. (4-6-05)

c. In 40 CFR 52.21(b)(43), permit program approve d by the Administrator, Administrator means the EPA Administrator. (4-6-05)

d. In 40 CFR 52.21(b)(48)(ii)(c), MACT standard that is proposed or promulgated by the Administrator, Administrator means the EPA Administrator. (4-6-05)

e. In 40 CFR 52.21(b)(50)(i), regulated NSR po llutant as defined by Administrator, Administrator means the EPA Administrator. (4-6-05)

04. Nonmajor Requirements . If the proposed action meets the requirements of an exemption or exclusion under the provisions of 40 CFR 52.21 incorporated in Section 205, the nonmajor facility or stationary so urce permitting requirements of Sections 200 through 228 apply, including the exemptions in S ections 220 through 223. (4-6-05)

State Effective: 4/6/05; EPA Effective: 12/27/2010

SECTION 58.01.01.206. OPTIONAL OFFSETS FOR PERMITS TO CONSTRUCT The owner or operator of any proposed new or modi fied stationary source, new major facility, or major modification, which cannot meet the requirements of Subsections 202.01.c.vi., 203.02, 203.03, 204.02.d., 205.01 (40 CFR 52.21(k)), and 209.02.b.vi., may propose the use of an emission offset in order to meet those requireme nts and thereby obtain a permit to construct. Any proposed emission offset must satisfy the requi rements for emission reduction credits, Section 460, and demonstrate, through appropriate disp ersion modeling, that the offset will reduce ambient concentrations sufficiently to meet th e requirements at all modeled receptors which could not otherwise have met the requirements.

State Effective: 4/6/05; EPA Effective: 12/27/2010

SECTION 58.01.01.207. REQUIREMENTS FO R EMISSION REDUCTION CREDIT In order to be credited in a pe rmit to construct, any emission reduction credit must satisfy the requirements of Section 460.

SECTION 58.01.01.208. DEMONSTRATION OF NET AIR QUAL ITY BENEFIT The demonstration of net air qua lity benefit shall: (5-1-94)

01. VOCs . For trades involving volatile organic co mpounds, show that total emissions are

reduced for the air basin in which the stati onary source or facility is located; (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003Page 52 02. Other Regulated Air Pollutants . For trades involving any ot her regulated air pollutant, show through appropriate dispersion modeling th at the trade will not cause an increase in ambient concentrations at any modeled receptor; (4-5-00)

03. Mobile Sources . For trades involving mobile sour ces, show a reduction in the ambient impact of emissions upon air quality by obtai ning sufficient emission reductions to, at a minimum, compensate for adverse ambient impact where the major facility or major modification would otherwise cause or significan tly contribute to a violation of any national ambient air quality standard. (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

SECTION 58.01.01.209. PROCEDURE FOR ISSUING PERMITS

01. General Procedures . General procedures for perm its to construct. (5-1-94)

a. Within thirty (30) days af ter receipt of the application for a permit to construct, the Department shall determine whether the a pplication is complete or whether more information must be submitted and shall notify the applicant of its findings in writing. (5-1- 94)

b. Within sixty (60) days afte r the application is determined to be complete the Department shall: (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

i. Upon written request of the applicant, provide a draft permit for applicant review. Agency action on the permit under this Secti on may be delayed if deemed necessary to respond to applicant comments. (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

ii. Notify the applicant in writing of the approval, conditi onal approval, or denial of the application if an opportunity for public comment is not required pursuant to Subsection 209.01.c. The Department shall set fo rth reasons for any denial; or (5-1- 94)

iii. Issue a proposed approval, proposed c onditional approval, or proposed denial. (5- 1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

c. An opportunity for public comment will be provided on all applications requiring a permit to construct. Public comment shall be provided on an application for any new major facility or major modification, any new fac ility or modification which would affect any Class I area, any application which uses flui d modeling or a field study to establish a good engineering practice stack he ight pursuant to Sections 510 through 516, any application which uses an interpollutant trade pursuant to Subsection 210.17, any application which the Director determines an opportunity for publ ic comment should be provided, and any application upon which the appli cant so requests. (5-3-03)

State Effective: 5/3/03; EPA Effective: 12/27/2010Page 53 i. The Department's proposed action, together with the information submitted by the applicant and the Department's analysis of the information, shall be made available to the public in at least one (1) location in the region in wh ich the stationary source or facility is to be located. (5-1-94)

ii. The availability of such materials shall be made known by notice published in a newspaper of general circulation in the count y(ies) in which the stationary source or facility is to be located. (5-1-94)

iii. A copy of such notice shall be sent to the applicant and to appropriate federal, state and local agencies. (5-1-94)

iv. There shall be a thirty (30) day peri od after initial publica tion for comment on the Department's proposed action, such comm ent to be made in writing to the Department. (5-1-94)

v. After consideration of comments and a ny additional information submitted during the comment period, and within forty-five ( 45) days after initia l publication of the notice, or notice of public hearing if one is requested under Subsections 209.02.b.iv. or 209.02.a.ii., unless the Director deems that additional time is required to evaluate comments and information received, the Department shall notify the applicant in writing of approval, conditional approval, or denial of the permit. The Department shall set forth the reasons for any denial. (5-1-94)

vi. All comments and additional information received during the comment period, together with the Department's final determination, shall be made available to the public at the same location as the preliminary determination. (5-1-94)

d. A copy of each permit will be sent to the U.S. Environmental Protection Agency. (5-1- 94)

02. Additional Procedures For Specified Sources . (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

a. For any new major facility or major modificatio n in an attainment or unclassifiable area for any regulated air pollutant. (4-6-05)

State Effective: 4/6/05; EPA Effective: 12/27/2010

i. The public notice issued pursuant to Subsection 209.01.c.ii. shall indicate the degree of increment consumption that is e xpected from the new major facility or major modification; and (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

ii. The public notice issued pursuant to Subsection 209.01.c.ii. shall indicate the opportunity for a public hearing for interested persons to appear and submit written or oral comments on the air quality effect s of the new major facility or majorPage 54 modification, alternatives to it, the control t echnology required, and other appropriate considerations. All requests for public hearings during a comment period with an opportunity for a hearing must be requeste d in writing by interested persons within fourteen (14) days of the publication of the legal notice of the proposed permit to construct or within fourteen (14) days prior to the end of the comment period,

whichever is la ter. (3-23-98)

State Effective: 3/23/98; EPA Effective: 2/18/2003

b. For any new major facility or major modi fication which would affect a federal Class I area or an integral vista of a manda tory federal Class I area. (5-1-94)

i. If the Department is notified of the intent to apply for a permit to construct, it shall notify the appropriate Federa l Land Manager within thir ty (30) days; (5-1-94)

ii. A copy of the permit application and all relevant information, including an analysis of the anticipated eff ects on visibility in any federa l Class I area, shall be sent

to the Administrator of the U.S. Envir onmental Protection Agency and the Federal Land Manager within thirty (30) days of recei pt of a complete application and at least sixty (60) days prior to any public hearing on the application; (5-1-94)

iii. Notice of every action related to the c onsideration of the permit shall be sent to

the Administrator of the U.S. Enviro nmental Protection Agency; (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

iv. The public notice issued pursuant to Subsection 209.01.c.ii. shall indicate the opportunity for a public hearing for interested persons to appear and submit written or oral comments on the air quality effect of the new major facility or major modification, alternatives to it, the control t echnology required, and other appropriate considerations. All requests for public hearings during a comment period with an opportunity for a hearing must be requeste d in writing by interested persons within fourteen (14) days of the publication of the legal notice of the proposed permit to construct or within fourteen (14) days prior to the end of the comment period,

whichever is la ter. (3-23-98)

State Effective: 3/23/98; EPA Effective: 2/18/2003

v. The notice of public heari ng, if required, shall explain any differences between the Department's preliminary determination and any visibility analys is performed by the Federal Land Manager and provided to the Department within thirty (30) days of the notification pursuant to Subsection 209.02.b.ii. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

vi. Upon a sufficient showing by the Fede ral Land Manager that a proposed new major facility or major modification will ha ve an adverse impact upon the air quality related values (including visibility) of any federal mandatory Class I area, the Director may deny the application notwithsta nding the fact that the concentrations of regulated air pollutants would not exceed the maximum allowable increases for a Class I area. (4-5-00)Page 55 State Effective: 4/5/00; EPA Effective: 2/18/2003

03. Establishing A Good Engineering Stack Height . The Department will notify the public of the availability of any fluid model or field st udy used to establish a good engineering practice stack height and provide an opportu nity for a public hearing before issuing a permit or setting an emission standard based thereon. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

04. Revisions of Permits to Construct . The Director may approve a revision of any permit to construct provided the stationary source or facility continues to meet all applicable requirements of Sections 200 through 228. Revised permits will be issued pursuan t to procedures for issuing permits (Section 209), except that the requirements of Subsections 209.01.c., 209.02.a., and 209.02.b., shall only apply if the permit revision result s in an increase in emissions authorized by the permit or if deemed appropr iate by the Director. (7-1-02)

State Effective: 7/1/02; EPA Effective: 12/27/2010

05. Permit To Construct Procedures For Tier I Sources . For Tier I sources that require a permit to construct, the owner or operator shall either: (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

a. Submit only the information required by Sections 200 through 219 for a permit to construct, in which case: (3-23-98)

State Effective: 3/23/98; EPA Effective: 2/18/2003

i. A permit to construct or denial will be issued in accordance with Subsections 209.01.a. and 209.01.b. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

ii. The owner or operator may construct the source after permit to construct issuance

or in accordance with S ubsection 213.02.c. (3-23-98)

State Effective: 3/23/98; EPA Effective: 2/18/2003

iii. The owner or operator may operate th e source after permit to construct issuance so long as it does not violate any terms or conditions of the existing Tier I operating permit and complies with Subsection 380.02. (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

iv. Unless a different time is prescribed by these rules, the applicable requirements contained in a permit to construct will be in corporated into the Tier I operating permit during renewal (Section 369). Where an exis ting Tier I permit would prohibit such construction or change in operation, the s ource must obtain a permit revision before commencing operation. Tier I sources re quired to meet the requirements under Section 112(g) of the Clean Air Act (Sec tion 214), or to have a permit under the preconstruction review program approved in to the applicable implementation plan under Part C (Section 205) or Part D (Secti on 204) of Title I of the Clean Air Act, shall file a complete application to obtain a Tier I permit revision within twelve (12) months after commencing operation. (4-11-06)

State Effective: 4/11/06; EPA Effective: 12/27/2010Page 56 v. The application or minor or signifi cant permit modification request shall be processed in accordance with timelines: Section 361 and Subsections 367.02 through 367.05. (3-19-99)

State Effective: 3/19/99; EPA Effective: 2/18/2003

vi. The final Tier I operating permit action shall incorporate the relevant terms and conditions from the permit to construct; or (4-5-00)

b. Submit all information required by Sections 200 through 219 for a permit to construct and Sections 300 through 386 for a Tier I opera ting permit, or Tier I operating permit modification, in which case: (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

i. Completeness of the application shall be determined within thirty (30) days. (5-1- 94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

ii. The Department shall prepare a proposed permit to construct or denial in accordance with Sections 200 through 219 and a draft Tier I operating permit or Tier I operating permit modification in accordan ce with Sections 300 through 386 within sixty (60) days. (4-5-00)

iii. The Department shall provide for public comment and affected state review in accordance with Sections 209, 364 and 365 on the proposed permit to construct or denial and draft Tier I operat ing permit or Tier I operating pe rmit modification. (4-5-00)

iv. Except as otherwise provided by these ru les, the Department shall prepare and issue to the owner or operator a final permit to construct or denial within fifteen (15) days of the close of the public comment period. The owner or operator may construct the source after permit to construct is suance or in accordance with Subsection 213.02.c. (4-5-00)

v. The final permit to construct will be se nt to EPA, along with the proposed Tier I operating permit or modification. The proposed Tier I operating permit or

modification shall be sent for review in accordance with Section 366. (4-5-00)

vi. The Tier I operating permit, or Tier I operating permit modification, will be

issued in accordance with Section 367. The owner or operator may operate the source after permit to construct issuance so l ong as it does not violate any terms or conditions of the existing Tier I oper ating permit and complies with Subsection 380.02; or (4-5-00)

c. Submit all information required by Secti ons 200 through 219 for a permit to construct and Sections 300 through 381 for a Tier I opera ting permit, or Tier I operating permit modification, in which case: (4-5-00)Page 57 i. Completeness of the application shall be determined within thirty (30) days. (4-5- 00)

ii. The Department shall prepare a draft pe rmit to construct or denial in accordance with Sections 200 through 219 and that also meets the requirements of Sections 300 through 381 within sixty (60) days. (4-5-00)

iii. The Department shall provide for public comment and affected state review in accordance with Sections 209, 364, and 365 on the draft permit to construct or denial. (4-5-00)

iv. The Department shall prepare and send a proposed permit to cons truct or denial to

EPA for review in accordance with Secti on 366. EPA review of the proposed permit

to construct or denial in accordance with Section 366 can occur concurrently with public comment and affected state review of the draft permit, as provided in Subsection 209.05.c.iii. above, except that if th e draft permit or denial is revised in response to public comment or affected st ate review, the Depart ment must send the revised proposed permit to construct or de nial to EPA for review in accordance with Section 366. (4-5-00)

v. Except as otherwise provided by these ru les, the Department shall prepare and issue to the owner or operator a final perm it to construct or denial in accordance with Section 367. The owner or operator may constr uct the source after permit to construct issuance or in accordance with Subsection 213.02.c. (4-5-00)

vi. The permittee may, at any time after issu ance, request that the permit to construct requirements be incorporated into the Tier I operating permit through an

administrative amendment in accordance with Section 381. The owner or operator may operate the source or modification upon submittal of the request for an administrative amendment. (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

06. Transfer of Permits to Construct . (4-11-06)

a. Transfers by Revision. A permit to construc t may be transferred to a new owner or operator in accordance w ith Subsection 209.04. (4-11-06)

b. Automatic Transfers. Any permit to construc t, with or without transfer prohibition language, may be automatically transferred if: (4-11-06)

i. The current permittee notifies the Department at least thirty (30) days in advance of the proposed transfer date; (4-11-06)

ii. The notice provides written documenta tion signed by the current and proposed permittees containing a date for transfer of permit responsibility, designation of thePage 58 proposed permittee’s responsible official , and certification that the proposed permittee has reviewed and in tends to operate in accordan ce with the permit terms and conditions; and (4-11-06)

iii. The Department does not notify the current permittee and the proposed permittee within thirty (30) days of receipt of the notice of the De partment’s determination that the permit must be revised pursuant to Subsection 209.04. If the Department does not issue such notice, the transfer is effective on the date provided in the notice described in Subsection 209.06.b.ii. (4-11-06)

State Effective: 4/11/06; EPA Effective: 12/27/2010

SECTION 58.01.01.211. CONDITIONS FOR PERMITS TO CONSTRUCT

01. Reasonable Conditions . The Department may impose a ny reasonable conditions upon an approval, including conditions requir ing the stationary source or f acility to be provided with:

a. Sampling ports of a size, number, and location as the Department may require;

b. Safe access to each port;

c. Instrumentation to monito r and record emissions data;

d. Instrumentation for ambient monitoring to determine the effect emissions from the stationary source or facility may have, or ar e having, on the air quality in any area affected by the stationary sour ce or facility; and

e. Any other sampling and testing facilities as may be deemed reasonably necessary.

02. Cancellation . The Department may cancel a permit to construct if the construction is not begun within two (2) years from the date of i ssuance, or if during the construction, work is suspended for one (1) year.

03. Notification To The Department . Any owner or operator of a st ationary source or facility subject to a permit to construct shall furnish th e Department written notifications as follows:

a. A notification of the anticipated date of initia l start-up of the stationary source or facility not more than sixty (60) days or less than th irty (30) days prior to such date; and

b. A notification of the actual date of initial start-up of the stationary source or facility within fifteen (15) days after such date.

04. Performance Test . Within sixty (60) days after ach ieving the maximum production rate at which the stationary source or facility will be operated but not later than one hundred eighty (180) days after initial start-up of such stationary source or facil ity, the owner or operator of such stationary source or facility ma y be required to conduct a perfor mance test in accordance with methods and under operating conditions approved by the Department and furnish the Department a written report of the results of such performance test.Page 59 a. Such test shall be at the e xpense of the owner or operator.

b. The Department may monitor such test and may also conduct performance tests.

c. The owner or operator of a stationary sour ce or facility shall provide the Department fifteen (15) days prior noti ce of the performance test to afford the Department the opportunity to have an observer present.

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.212. OBLIGATION TO COMPLY 01. Responsibility To Comply With All Requirements . Receiving a permit to construct shall not relieve any owner or operator of the responsibili ty to comply with all applicable local, state and federal statutes, rules and regulations.

02. Relaxation Of Standards Or Restrictions . At such time that a pa rticular facility or modification becomes a major facility or major m odification solely by virtue of a relaxation in any enforceable emission standard or restrict ion on the operating rate, hours of operation or on the type or amount of material combusted, stored or processed, which was used to exempt the facility or modification from cer tain requirements for a permit to construct, the requirements for new major facilities or major m odifications shall apply to the f acility or modification as though construction had not yet commenced.

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.213. PRE-PERM IT CONSTRUCTION

This section describes how owne rs or operators may commence construction or modification of certain stationary sources before obtaining the required permit to construct. (3-23-98)

State Effective: 3/23/98; EPA Effective: 2/18/2003

01. Pre-Permit Construction Eligibility . Pre-permit construction approval is available for nonmajor sources and non-major modifications and fo r new sources or modifications proposed in accordance with Subsection 213.01.d. Pre-permit construction is not available for any new

source or modification that: uses emissions nett ing to stay below major source levels; uses optional offsets pursuant to Sect ion 206; or would have an ad verse impact on the air quality related values of any Class I area. Owners or op erators may ask the Department for the ability to commence construction or modification of qualif ying sources under Section 213 before receiving the required permit to construct. To obtain th e Department’s pre-permit construction approval, the owner or operator sh all satisfy the following requirements: (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

a. The owner or operator shall apply for a permit to construct in accordance with Subsections 202.01.a., 202.02, and 202.03 of this chapter. (3-23-98)

b. The owner or operator shall consult with Department representatives prior to submitting a pre- permit construction a pproval application. (3-23-98)

State Effective: 3/23/98; EPA Effective: 2/18/2003Page 60 c. The owner or operator shall submit a pre-pe rmit construction approval application which must contain, but not be limited to: a letter requesting the ability to construct before obtaining the required permit to construct, a co py of the notice referenced in Subsection 213.02; proof of eligibility; process descrip tion(s); equipment list(s); proposed emission

limits and modeled ambient concentrations fo r all regulated air po llutants and toxic air pollutants, such that they demonstrate complia nce with all applicable air quality rules and regulations. The models shall be conducted in accordance with S ubsection 202.02 and with written Department approved protocol and submitt ed with sufficient detail so that modeling can be duplicated by the Department. (4-11-06)

State Effective: 4/11/06; EPA Effective: 12/27/2010

d. Owners or operators seeking limitations on a source’s potential to emit such that permitted emissions will be either below major source levels or below a significant increase must describe in detail in the pre- permit cons truction application the proposed restrictions and certify in accordance with Section 123 that they will comply w ith the restrictions, including any applicable monitoring and reporting requirements. (3-23-98)

02. Permit To Construct Procedur es For Pre-Permit Construction . (3-23-98)

a. Within ten (10) days after the submittal of the pre-permit construction approval application, the owner or operato r shall hold an informational meeting in at least one (1) location in the region in which the stationary source or facility is to be located. The informational meeting shall be made known by no tice published at least te n (10) days before the meeting in a newspaper of general circulatio n in the county(ies) in which the stationary source or facility is to be located. A copy of su ch notice shall be includ ed in the application. (3-23-98)

b. Within fifteen (15) days after the r eceipt of the pre-permit construction approval application, the Department sh all notify the owner or operato r in writing of pre-permit construction approval or deni al. The Department may deny the pre-permit construction approval application for any r eason it deems valid. (3-23-98)

State Effective: 3/23/98; EPA Effective: 2/18/2003

c. Upon receipt of the pre-permit construction a pproval letter issued by the Department, the owner or operator may begin construction at their own risk as iden tified in Subsection 213.02.d. Upon issuance of the pre-permit construc tion approval letter, any and all potential to emit limitations addressed in the pre-permit construction application pursuant to

Subsection 213.01.d. shall become enforceable. Th e owner or operator shall not operate those emissions units subject to permit to cons truct requirements in accordance with Section 200 unless and until issued a permit pur suant to Section 209. (5-3-03)

State Effective: 5/3/03; EPA Effective: 12/27/2010

d. If the pre-permit construction approval app lication is determined incomplete or the permit to construct is denied, the Department shall issue an incompleteness or denial letter pursuant to Section 209. If the Department denies the permit to construct, then the owner or operator shall have violated Section 201 on the date it commenced construction as definedPage 61 in Section 006. The owner or ope rator shall not contes t the final permit to construct decision based on the fact that they have already begun construction. (3-23-98)

State Effective: 3/23/98; EPA Effective: 2/18/2003

SECTION 58.01.01.220. GENERAL EXEMPTIO N CRITERIA FOR PERMIT TO

CONSTRUCT EXEMPTIONS 01. General Exemption Criteria . Sections 220 through 223 may be used by owners or operators to exempt certain sources from the requi rement to obtain a permit to construct. Nothing in these sections shall preclude an owner or operator from choosing to obtain a permit to construct. For purposes of Sections 220 thr ough 223, the term source means the equipment or activity being exempted. For purposes of Sections 220 through 223, fugitive emissions shall not be considered in determining whether a source meets the applicable exemption criteria unless required by federal law. No permit to construct is required for a source that satisfies all of the following criteria, in addition to the criteria set forth at S ections 221, 222, or 223: (4-11-06)

State Effective: 4/11/06; EPA Effective: 12/27/2010

a. The maximum capacity of a source to em it an air pollutant under its physical and operational design without consid eration of limitations on emission such as air pollution control equipment, restrictions on hours of operation and restri ctions on the type and amount of material combusted, stored or processed would not: (4-5-00)

i. Equal or exceed one hundred (100) tons per year of any regul ated air pollutant. (4-5-00)

ii. Cause an increase in the emissions of a major facility that equals or exceeds the significant emissions rates set out in the definition of significant at Section 006. (4-5-00)

b. Combination. The source is not part of a proposed new major faci lity or part of a proposed major modification.(4-5-00)

02. Record Retention . Unless the source is subject to and the owner or operator complies with Section 385, the owner or operator of the source, except for those sources listed in Subsections 222.02.a. through 222.02.g., shall maintain documentation on site which shall identify the exemption determined to apply to the source and ve rify that the source qualifies for the identified exemption. The records and documentation shall be kept for a period of time not less than five (5) years from the date the exemption determinati on has been made or for the life of the source for which the exemption has been determined to a pply, which ever is greater, or until such time as a permit to construct or an operating permit is issued which covers the operation of the source. The owner or operator shall submit the doc umentation to the Department upon request. (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

SECTION 58.01.01.221. CATEGORY I EXEMPTION No permit to construct is required for a source that satisfies the criteria set forth in Section 220 and the following:Page 62 01. Below Regulatory Concern . The maximum capacity of a source to emit an air pollutant under its physical and operational design cons idering limitations on emissions such as air pollution control equipment, rest rictions on hours of operation a nd restrictions on the type and amount of material combusted, stored or processe d shall be less than ten percent (10%) of the significant emission rates set out in the de finition of significa nt at Section 006.

02. Radionuclides . The source shall have potential emissi ons that are less than one percent (1%) of the applicable radionuclides sta ndard in 40 CFR Part 61, Subpart H.

03. Toxic Air Pollutants . The source shall comply with Section 223.

State Effective: 4/5/00; EPA Effective: 2/18/2003

SECTION 58.01.01.222. CATEGORY II EXEMPTION No permit to construct is required 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)

State Effective: 4/5/00; EPA Effective: 2/18/2003

a. Laboratory equipment used exclusively for chemical and physical analyses, research or education, including, but not limited to, vent ilating and exhaust sy stems for laboratory hoods. To qualify for this exemption, the source shall: (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

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

b. Environmental characterization activitie s including emplacement and operation of field instruments, drilling of sampling and m onitoring wells, sampling activities, and

environmental characteriza tion activities. (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

c. Stationary internal combus tion engines of less than or equal to six hundred (600) horsepower and which are fueled by natural ga s, propane gas, lique fied petroleum gas, distillate fuel oils, resi dual fuel oils, and diesel fuel; wast e 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 of operation. (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)

iii. Two hundred one (201) to four h undred (400) horsepower -- less than two hundred twenty-five (225) hours per month. (5-1-94)Page 63 iv. Four hundred one (401) to six hundr ed (600) horsepower -- less than one hundred fifty (150) hours per month. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

d. Stationary internal combusti on engines used exclusively for emergency purposes which are operated less than five hundred (500) hours per year and are fuel ed by natural gas, propane gas, liquefied petroleum ga s, distillate fuel oils, residu al fuel oils, and diesel fuel; waste oil, gasoline, or refined ga soline shall not be used. (4-11-06)

State Effective: 4/11/06; EPA Effective: 12/27/2010

e. A pilot plant that uses a slip stream from an existing process str eam not to exceed ten percent (10%) of that existing process stream or which sati sfies 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 th e screening emissions level, but not both, by ten (10). (4-5-00)

ii. The source shall have uncontrolled poten tial emissions that are less than one percent (1%) of the applicable radionuclid es standard in 40 CFR Part 61, Subpart H. (4-5-00)

iii. The exemption for a pilot plant sh all terminate one (1) year after the commencement of operations and shall not be renewed. (4-5-00)

02. Other Exempt Sources. A source that satisfies the criteria set forth in Section 220 and that is specified below: (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

a. Air conditioning or ventilating equipment not designed to remove air pollutants generated by or released from equipment. (5-1-94)

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

State Effective: 5/1/94; EPA Effective: 2/18/2003

c. Fuel burning equipment for indirect heating and for heating and reheating furnaces using natural gas, propane gas, liqui fied petroleum gas, or biogas (gas produced by the anaerobic decomposition of organic material through a c ontrolled process) w ith hydrogen sulfide

concentrations less than two hundred (200) ppmv exclusively w ith a capacity of less than fifty (50) million btu's per hour input. (4-11-06)

State Effective: 4/11/06; EPA Effective: 12/27/2010

d. Other fuel burning equipment for indirect he ating with a capacity of less than one million (1,000,000) btu's per hour input. (5-1-94)72 e. Mobile internal combustion engines, mari ne installations and locomotives. (5-1-94)

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

g. Retail gasoline, natural gas, propane gas, li quified petroleum gas, di stillate fuel oils and diesel fuel sales. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

h. Used Oil Fired Space Heaters which comply with all the following requirements: (7-1-97)

i. The used oil fired space heater 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 pe rsonal vehicles, or on- spec ification used oil that is derived from commercial ge nerators provided that the generator, transporter and owner or operator burning the oil for en ergy recovery comply fully with IDAPA 58.01.05.015, “Rules and Standards for Hazardous Waste”; (7-1-97)

State Effective: 7/1/97; EPA Effective: 2/18/2003

(1) For the purposes of Subsection 222.02.h., “u sed oil” refers to any oil that has been refined from crude oil or any syntheti c oil that has been used and, as a result of such use, is contaminated by physi cal or chemical impurities. (4-5-00)

(2) For the purposes of Subsection 222.02.h., “used oil fired space heater” refers to any furnace or apparatus and all a ppurtenances thereto, designed, constructed and used for combusting used oil for energy recovery to directly heat an enclosed space. (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

ii. Any used oil burned is not contamin ated by added toxic substances such as solvents, antifreeze or other household and industrial chemicals; (7-1-97)

State Effective: 7/1/97; EPA Effective: 2/18/2003

iii. The used oil fired space heater is de signed to have a maximum capacity of not more than one half (0.5) million BTU per hour; (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

iv. The combustion gases from the used oil fired space heater are vented to the ambient air through a stack equivalent to the type and design specified by the

manufacturer of the heater and instal led to minimize down wash and maximize dispersion; and (7-1-97)

v. The used oil fired space heater is of modern commercial design and manufacture, except that a homemade used oil fired sp ace 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 satisfacti on of the Department, that emissions from the homemade unit are no greater than t hose from modern commercially available units. (7-1-97)73 State Effective: 7/1/97; EPA Effective: 2/18/2003

i. Multiple chamber crematory retorts used to cremate human or animal remains using natural gas exclusively with a maximum aver age charge capacity of two hundred (200) pounds of remains per hour and a minimum secondary combustion chamber temperature of one thousand five hundred (1500) degrees Fahrenheit while operating. (4-11-06)

j. Petroleum environmental remediation source by vapor extraction with an operation life not to exceed five (5) years (except for landf ills). The short-term adjustment factor in

Subsection 210.15 cannot be used if the remediati on is within five hundred (500) feet of a sensitive receptor. Forms are available at www .deq.idaho.gov to help assist sources in this exemption determination. (4-11-06)

k. Dry cleaning facilities that are not major under, but subject to, 40 CFR Part 63, Subpart M. (4-11-06)

State Effective: 4/11/06; EPA Effective: 12/27/2010

SECTION 58.01.01.400 PROCEDURES AND REQUIREMENTS FOR TIER II

OPERATING PERMITS The purpose of Sections 400 through 410 is to esta blish uniform procedures for the issuance of “Tier II Operating Permits.” (7-1-02)

SECTION 58.01.01.401. TIER II OPERATING PERMIT 01. Optional Tier II Operating Permits . The owner or operator of any stationary source or facility which is not subject to (or wishes to accept limitations on the facility’s potential to emit so as to not be subject to) Sections 300 through 399 may appl y to the Department for an operating permit to: (7-1-02)

State Effective:7/1/02; EPA Effective: 12/27/2010

a. Authorize the use of altern ative emission limits (bubbles ) pursuant to Section 440; (5

- 1

- 94)

b. Authorize the use of an emission offset pursuant to Sections 204.02.b. or 206; (4-6-05)

State Effective: 4/6/05; EPA Effective: 12/27/2010

c. Authorize the use of a potential to em it limitation, an emission reduction or netting transaction to exempt a facility or modificat ion from certain requirements for a permit to construct; (4-5-00)

d. Authorize the use of a potential to emit lim itation to exempt the facility from Tier I permitting requirements. (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

e. Bank an emission reduction credit pursuant to Section 461; (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

02. Required Tier II Operating Permits . A Tier II operating permit is required for any74 stationary source or facility wh ich is not subject to Sections 300 through 399 with a permit to construct which establishes any em ission standard different from t hose in these rules. (7-1-02)

State Effective: 7/1/02; EPA Effective: 12/27/2010

03. Tier II Operating Permits Required By The Department . The Director may require or revise a Tier II operating permit for any stationary source or facility whenever the Department determines that: (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

a. Emission rate reductions are necessary to attain or maintain any ambient air quality standard or applicable preven tion of significant deterioration (PSD) increment; or (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

b. Specific emission standards, or requirements on operation or maintenance are necessary to ensure compliance with any applicable emission standard or rule. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

04. Multiple Tier II Operating Permits . Subject to approval by EPA, the Director may issue one (1) or more Tier II opera ting permits to a facility which allow any specific stationary

source or emissions unit within th at facility a future compliance date of up to three (3) years beyond the compliance date of any provision of thes e rules, provided the Di rector has reasonable

cause to believe such a future co mpliance date is warranted. (4

- 5

- 00)

SECTION 58.01.01.402. APPLICATION PROCEDURES. Application for a Tier II ope rating permit must be made using forms furnished by the Department, or by other means prescribed by the Department. The application shall be certified by the responsible official and shall be accompan ied by all information necessary to perform any analysis or make any determination requi red under Sections 400 through 410. (7-1-02)

State Effective: 7/1/02; EPA Effective: 12/27/2010

01. Required Information . Site information, plans, descript ion, specifications, and drawings showing the design of the stationa ry source, facility, or modifi cation, the nature and amount of emissions (including secondary emissions), and the manner in which it will be operated and controlled. (5-1-94)

02. Additional Specific Information . (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

a. For emission reduction credits, a descripti on of the emission reduction credits proposed for use, including descriptions of the stati onary sources or faci lities providing the reductions, a description of the system of c ontinuous emission control which provides the emission reduction credits, emission estimat es, and other information necessary to

determine that the emission reductions sati sfy the requirements for emission reduction credits (Section 460); and (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

b. For alternative emission limits (bubbles) or emission offsets, information on the air quality impacts of the traded emissions as nece ssary to determine the change in ambient air75 quality that would occur. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

c. For restrictions on potent ial to emit, a description of the proposed potential to emit limitations including the proposed monitoring and recordkeeping requirements that will be used to verify compliance w ith the limitations. (4-5-00)

03. Estimates Of Ambient Concentrations . All estimates of ambient concentrations shall be based on the applicable air quality models, data bases, and other requirements specified in 40 CFR 51 Appendix W (Guideline on Ai r Quality Models). (4-5-00)

a. Where an air quality mode l specified in the “Guideline on Air Quality Models” is inappropriate, the model may be modified or another model substituted, subject to written approval of the Administrator of the U.S. Environmental Protection Agency and public comment pursuant to Subsection 404.01.c. (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

b. Methods like those outlined in the U.S. Environmental Protection Agency's “Interim Procedures for Evaluating Air Quality Models (revised)” (1984) should be used to determine the comparability of air quality models. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

04. Additional Information . Any additional information, plans, specifications, evidence or documents that the Department may require to make the determinations required under Sections 400 through 410 shall be furnis hed upon request. (7-1-02)

State Effective: 7/1/02; EPA Effective: 12/27/2010

SECTION 58.01.01.403. PERMIT REQUIREM ENTS FOR TIER II SOURCES No Tier II operating permit shall be granted unle ss the applicant shows to the satisfaction of the Department that:

01. Emission Standards . The stationary source would comply with all applicable local, state or

federal emission standards.

02. NAAQS . The stationary source would not cause or significantly contribute to a violation of any ambient air quality standard.

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.404. PROCEDURE FOR ISSUING PERMITS

01. General Procedures . General procedures for Tier II operating permits. (5-1-94)

a. Within thirty (30) days af ter receipt of the application fo r a Tier II operating permit, the Department shall determine whether the a pplication is complete or whether more information must be submitted and shall notify the applicant of its findings in writing. (5-1- 94)

b. Within sixty (60) days afte r the application is determined to be complete the Department76 shall: (5-1-94)

i. Notify the applicant in writing of the a pproval, conditional appr oval, or denial of the application if an opportunity for public comment is not required pursuant to Subsection 404.01.c. The Department shall set forth reasons for any denial; or (5-1- 94)

ii. Issue a proposed approval, proposed c onditional approval, or proposed denial. (5- 1-94)

c. An opportunity for public comment shall be provided on an application for any Tier II operating permit pursuant to Subsection 401.01, a ny application which uses fluid modeling or a field study to establish a good engineering practice stack height pu rsuant to Sections 510 through 516 and any other application which th e Director determines an opportunity for public comment should be provided. (5-1-94)

i. The Department's proposed action, together with the information submitted by the applicant and the Department's analysis of the information, shall be made available to the public in at least one (1) location in the region in wh ich the stationary source or facility is to be located. (5-1-94)

ii. The availability of such materials shall be made known by notice published in a newspaper of general circulation in the count y(ies) in which the stationary source or facility is to be located. (5-1-94)

iii. A copy of such notice shall be sent to the applicant and to appropriate federal, state and local agencies. (5-1-94)

iv. There shall be a thirty (30) day peri od after initial publica tion for comment on the Department's proposed action, such comm ent to be made in writing to the Department. (5-1-94)

v. After consideration of comments and a ny additional information submitted during the comment period, and within forty-five ( 45) days after initia l publication of the notice, unless the Director deems that additional time is required to evaluate comments and information received, the Department shall notify the applicant in writing of approval, conditional approval, or denial of the permit. The Department shall set forth the reasons for any denial. (5-1-94)

vi. All comments and additional information received during the comment period, together with the Department's final determination, shall be made available to the public at the same location as the preliminary determination. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

d. A copy of each proposed and final permit will be sent to the U.S. Environmental Protection Agency. (4-5-00)77 State Effective: 4/5/00; EPA Effective: 2/18/2003

02. Specific Procedures . Procedures for Tier II operati ng permits required by the Department under Subsection 401.03. (5-1-94)

a. The Director shall send a no tification to the proposed perm ittee by registered mail of his intention to issue a Tier II operating permit fo r the facility concerned. The notification shall contain a copy of the proposed permit in draft form stating the proposed emission standards and any required action, with corresponding da tes, which must be taken by the proposed permittee in order to achieve or maintain co mpliance with the proposed Tier II operating permit. (5-1-94)

b. The Department's proposed Tier II operating permit shall be made available to the public in at least one (1) location in the region in which the facility is located. The availability of such materials shall be made known by no tice published in a newspaper of general circulation in the county(ies) in which the faci lity is located. A copy of such notice shall be sent to the applicant. There shall be a thirty (30) day pe riod after publication for comment on the Department's proposed Tier II operating permit. Such comment shall be made in writing to the Department. (5-1-94)

c. A public hearing will be scheduled to consid er the standards and limitations contained in the proposed Tier II operating permit if the prop osed permittee files a re quest therefor with the Department within ten (10) days of recei pt of the notification, or if the Director determines that there is good cau se to hold a hearing. (5-1-94)

d. After consideration of comments and any additional information submitted during the comment period or at any public hearing, the Di rector shall render a final decision upon the proposed Tier II operating permit within thirty (30) days of the close of the comment period or hearing. At this time th e Director may adopt the enti re Tier II operating permit as originally proposed or any part or modification thereof. (5-1-94)

e. All comments and additional information received during the comment period, together with the Department's final permit, shall be ma de available to the public at the same location as the proposed Tier II operating permit. (5-1-94)

State Effective: 4/5/00; EPA Effective: 2/18/2003

03. Availability Of Fluid Models And Field Studies . The Department will notify the public of the availability of any fluid model or field st udy used to establish a good engineering practice stack height and provide an opportu nity for a public hearing before issuing a permit or setting an

emission standard based thereon.

State Effective: 5/1/1994; EPA Effective: 2/18/2003

04. Permit Revision or Renewal . The Director may approve a re vision of any Tier II operating permit or renewal of any Tier II operating perm it provided the stationary source or facility continues to meet all applicable requirement s of Sections 400 through 410. Revised permits will be issued pursuant to procedur es for issuing permits (Section 404) , except that the requirements78 of Subsection 404.01.c. shall only appl y if the permit revision results in an increase in allowable emissions or if deemed appropriate by the Director. Renewed Tier II operating permits will be issued pursuant to procedures for issuing permits (Section 404), except th at the requirements of Subsections 404.01.c., and 404.02.b. through 404.02.e. shal l only apply if the permit revision

results in an increase in allowable emissions or if deemed appropria te by the Director. The expiration of a permit will not affect the operation of a stationary source or a facility during the administrative procedure period associated with the permit renewal process.

State Effective: 7/1/02; EPA Effective: 12/27/2010

05. Transfer of Tier II Permit . (4-11-06)

a. Transfers by Revision. A Tier II permit may be transferred to a new owner or operator in accordance with Subsection 404.04. (4-11-06)

b. Automatic Transfers. Any Tier II permit, with or without transfer prohibition language, may be automatically transferred if: (4-11-06)

i. The current permittee notifies the Department at least thirty (30) days in advance of the proposed transfer date: (4-11-06)

ii. The notice provides written documenta tion signed by the current and proposed permittees containing a date for transfer of permit responsibility, designation of the proposed permitee’s responsible official, a nd certification that the proposed permittee has reviewed and intends to operate in accordance with the permit terms and conditions; and (4-11-06)

iii. The Department does not notify the current permittee and the proposed permittee within thirty (30) days of receipt of the notice of the De partment’s determination that the permit must be revised pursuant to S ubsection 404.04. If the Department does not issue such notice, the transfer is effective on the date provided in the notice described in Subsection 404.05.b.ii.(4-11-06)

State Effec t

SECTION 58.01.01.405. CONDITIONS FOR TIER II OPERATING PERMITS

01. Reasonable Conditions . The Department may impose a ny reasonable conditions upon an approval, including conditions requir ing the stationary source or fa cility to be provided with:

a. Sampling ports of a size, number, and location as the Department may require;

b. Safe access to each port;

c. Instrumentation to monito r and record emissions data;

d. Instrumentation for ambient monitoring to determine the effect emissions from the stationary source or facility may have, or ar e having, on the air quality in any area affected by the stationary source or facility; and79 e. Any other sampling and testing facilities as may be deemed reasonably necessary.

02. Performance Tests . Any performance tests required by the permit shall be performed in accordance with methods and under operating co nditions approved by the Department. The owner or operator shall furnish to the Depart ment a written report of the results of such performance test.

a. Such test shall be at the e xpense of the owner or operator.

b. The Department may monitor such test and may also conduct performance tests.

c. The owner or operator of a stationary sour ce or facility shall provide the Department fifteen (15) days prior noti ce of the performance test to afford the Department the opportunity to have an observer present.

03. Permit Term . Tier II operating permits shall be issued for a period not to exceed five (5) years. This five (5) year operating permit restric tion does not apply to the provisions contained in Section 461.02 (banked emission reduction credits).

04. Single Tier II Operating Permit . When a facility includes mo re than one (1) stationary source or emissions unit, a single Tier II operating permit may be issued including all stationary

sources and emissions units located at that facility. Such Tier II operating permit shall separately identify each stationary source and emissions unit to which the Tier II operating permit applies. When a single stationary source or facility is subject to permit modification, suspension or revocation, such action by the Director shall onl y affect that individual stationary source or emissions unit without thereby affecting any other stationary source or emissions unit subject to that Tier II operating permit.

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.406. OBLIGATION TO COMPLY Receiving a Tier II operating permit shall not relieve any owner or operator of the responsibility to comply with all applicable local, state and federal rules and regulations.

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.460. REQUIREMENTS FO R EMISSION REDUCTION CREDIT In order to be credited in a perm it to construct, Tier I operating permit or Tier II operating permit any emission reduction must satisfy the following:

State Effective: 5/1/94; EPA Effective: 2/18/2003

01. Allowable Emissions . The proposed level of allowable emissions must be less than the actual emissions of the stationary source(s) or emission unit(s) providing the emission reduction credit. No emission reduction(s) can be credited for actual emissions whic h exceed the allowable emissions of the stationary s ource(s) or emission unit(s).

State Effective: 5/1/94; EPA Effective: 2/18/2003

02. Timing of Emission Reduction . In an attainment or uncla ssifiable area any emission80 reduction which occurs prior to the minor source baseline date must have been banked with the Department prior to the minor source baseline date in order to be credited; in a nonattainment

area the emission reduction must occur after the base year of any control strategy for the particular air pollutant.

State Effective: 4/11/06; EPA Effective: 12/27/2010

03. Emission Rate Calculation . The emission rate before and after the reduction must be calculated using the same method and averagi ng time and the characteristics necessary to evaluate any future use of the emission reduc tion credit must be described. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

04. Permit Issuance . A permit to construct, Tier I opera ting permit or Tier II operating permit

shall be issued which establishes a new emissi on standard for the faci lity, or restricts the operating rate, hours of operation, or the type or amount of ma terial combusted, stored or processed for the stationary source(s) or emi ssion unit(s) providing the emission reductions. (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

05. Imposed Reductions . Emission reductions imposed by local , state or federal regulations or permits shall not be allowed for em ission reduction credits. (5-1-94)

State Effective: 5/1/94;EPA Effective: 2/18/2003

06. Mobile Sources . The proposed level of allowable emi ssions must be less than the actual emissions of the mobile sources or stationary sources providing the emission reduction credit.

Mobile source emission reduction credits shall be made state or federa lly enforceable by SIP

revision. The form of the SIP re vision may be a state or lo cal regulation, operating permit condition, consent or enforcement order, or a ny mechanism available to the state that is enforceable. (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

SECTION 58.01.01.461. REQUIREMENTS FOR BANKING EMISSION REDUCTION CREDITS (ERC'S) 01. Application To Bank An ERC . The owner or operator of a ny facility may apply to the Department for a Tier I or Ti er II operating permit (or a revisi on thereto) to bank an emission reduction credit. An application to bank an em ission reduction credit must be received by the Department no later than one (1) year after the reduction occurs . The Department may issue or

revise such a Tier I or Tier II operating permit and a “Certificate of Ownership” for an emission reduction credit, provided that all emission re ductions satisfy the requirements for emission reduction credits (Sect ion 460). (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

02. Banking Period . Emission reduction credits may be banked with the Department. The banked emission reduction credits may be used fo r offsets, netting in accordance with the

definition of net emissions increase at Section 007, or alternative emissi on limits (bubbles), or

sold to other facilities. The use of banked emissi on reduction credits must satisfy the applicable requirements of the program in which they are proposed for use, including approval of a permit

to construct or a Tier I or Ti er II operating permit. (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/200381 03. Certificate Of Ownership . Upon issuing or revising a Tier I or Tier II operating permit for an emission reduction credit, the Department will issue a “Certificate of Ownership” which will identify the owner of the credits, quantify th e credited emission reduction and describe the

characteristics of the emissions which were re duced and emissions unit(s) which previously emitted them. (5-1-94)

04. Adjustment By Department . If at any time the Department, or the owner or operator of a facility which has produced an emission reduction credit, finds that th e actual reduction in

emissions differs from that in the certificate of owne rship, the Department will adjust the amount

of banked emission reduction credits to reflect the actual emission reducti on and issue a revised certificate of ownership. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

05. Proportional Discounts . If at any time the Department finds that additional emission reductions are necessary to attain and maintain any ambient air qua lity standard or applicable prevention of significant deteri oration (PSD) increment, banke d emission reduction credits at facilities in the affected area may be proporti onally discounted by an amount which will not exceed the percentage of emission reducti on required for that area. (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

06. Transfer Of Ownership . Whenever the holder of a cer tificate of ownership for banked emission reduction credits, sells or otherwise tran sfers ownership of all or part of the banked credits, the holder shall submit the certificate of ownership to the Department. The Department will issue a revised certificate(s) of ownershi p which reflects the old and new holder(s) and amount(s) of banked emission reduction credits. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

07. Public Registry . The Department will maintain a publi c registry of all banked emissions reduction credits, indicating the current holder of each certificate of ow nership and the amount and type of credited emissions. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.470. Reserved.

State Effective: 5/22/03; EPA Effective:12/27/2010

SECTION 58.01.01.500. REGISTRATION PROCED URES AND REQUIREMENTS FOR PORTABLE EQUIPMENT 01. Registration Requirements . All existing portable equipment shall be registered within ninety (90) days after th e original effective date of this Section 500 and at least ten (10) days prior to relocating, using forms provided by th e Department, except that no registration is required for mobile internal combustion engine s, marine installations and locomotives.

02. Compliance With Rules And Regulations . Possessing a “Certificate of Registration” does not relieve any owner or operator of the responsibili ty to comply with all applicable local, state and federal rules and regulations.

State Effective: 5/1/94; EPA Effective: 2/18/200382 SECTION 58.01.01.510. STACK HEIGHTS AND DISPERSION TECHNIQUES The purpose of Sections 510 through 516 is to esta blish criteria for good engineering practice for stack heights and dispersion techniques.

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.511. APPLICABILITY The provisions of Sections 510 through 516 shall a pply to existing, new, and modified stationary sources and facilities. The provi sions of Sections 510 through 516 do not apply to stack heights in existence, or dispersion techniques implemented, on or before December 31, 1970, except where regulated or toxic air pollutant(s) are being emitted from such stacks or using such dispersion techniques by sources wh ich were constructed, or recons tructed, or for which major

modifications were carried out, after December 31, 1970.

State Effective: 4/11/06; EPA Effective: 12/27/2010

SECTION 58.01.01.512. DEFINITIONS For the purpose of Sections 500 through 516: (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

01. Dispersion Technique . Any technique which attempts to affect the concentration of a regulated or toxic air pollut ant in the ambient air by:

State Effective: 4/11/06; EPA Effective:12/27/2010

a. Using that portion of a stack which exceeds good engineering practice stack height; (5-1- 94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

b. Varying the rate of emission of a regulated or toxic air pollutant according to atmospheric conditions or ambient concentrations of that pollutant; or

State Effective: 4/11/06; EPA Effective: 12/27/2010

c. Increasing final exhaust gas plume rise by manipulating source process parameters, exhaust gas parameters, stack parameters, or combining exhaust gases from several existing stacks into one (1) stack, or other selective handl ing of exhaust gas streams so as to increase the exhaust gas plume rise. This does not incl ude the reheating of a gas stream, following use of a pollution control system, for the purpose of returning the gas to the temperature at which it was originally discharged from the facility generating the gas stream; smoke management in agricultural or silvicu ltural prescribed burning programs; episodic

restrictions on residential woodburning and open burning; tec hniques which increase final exhaust gas plume rise where the resulting allo wable emissions of sulfur dioxide from the facility do not exceed five thousand (5,000) tons per year; or the merging of exhaust gas

streams where:

State Effective: 5/1/94; EPA Effective: 2/18/2003

i. The source owner or operator demonstrates that the facility was originally designed

and constructed with such me rged gas streams; (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/200383 ii. After July 8, 1985, such mergi ng is part of a change in ope ration at the facility that

includes the installa tion of pollution controls and is accompanied by a net reduction in the allowable emissions of a regulated or toxic air pollutant. This exclusion from the definition of “dispersi on techniques” shall apply onl y to the emission limitation for the regulated or toxic air pollutant aff ected by such change in operation; or (4-11- 06)

State Effective: 4/11/06; EPA Effective: 12/27/2010

iii. Before July 8, 1985, such merging was part of a change in operation at the facility

that included the installation of emissions control equipment or was carried out for sound economic or engineering reasons. Wher e there was an incr ease in the emission limitation or, in the event that no emission limitation was in existence prior to the merging, the reviewing agency shall pr esume that merging was significantly motivated by an intent to gain emissi ons credit for greater dispersion. Absent a demonstration by the source owner or opera tor that merging was not significantly motivated by such intent, the reviewing ag ency shall deny credit for the effects of such merging in calculating the allowabl e emissions for the source. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

02. Excessive Concentration . For the purpose of determining good engineering practice stack height in a fluid modeling ev aluation or field study as pr ovided for in Subsection 512.03.c. “Excessive Concentration” means: (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

a. For sources seeking credit for stack height exceeding that establ ished under Subsection 512.03.b., a maximum ground level concentration due to emissions from a stack due in whole or in part to downwash, wakes, or eddy effects produced by nearby structures or nearby terrain features which individually is at least forty percent (40%) in excess of the maximum concentration experienced in the absence of such effects, and which contributes

to a total concentration due to emissions from all sources that is greater than an ambient air quality standard. For sources su bject to the prevention of significant deterioration program, an excessive concentration alternatively m eans a maximum ground-level concentration due

to emissions from a stack due in whole or in part to downwash, wakes, or eddy effects produced by nearby structures or nearby terrain f eatures which individual ly is at least forty percent (40%) in excess of the maximum concen tration experienced in the absence of the maximum concentration experienced in the ab sence of such downwash, wakes, or eddy effects and greater than a prevention of signi ficant deterioration increment. The allowable emission rate to be used in making dem onstrations under Subsect ion 512.02.a., shall be prescribed by the new source performance standard that is applicable to the source category unless the owner or operator demonstrates that this emission rate is infeasible. Where such demonstrations are approved by the Department , an alternative emission rate shall be

established in consultation with the source owner or operator. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

b. For sources seeking credit after October 1, 1983, for increases in existing stack heights up to the heights established under Subsection 512.03.b., e ither: (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/200384 i. A maximum ground-level c oncentration due in whole or in part to downwash, wakes or eddy effects as provided in Subsection 512.02.a., except that the emission rate specified by any applicable SIP or, in the absence of such a limit, the actual emission rate shall be used; or (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

ii. The actual presence of a local nuisan ce caused by the existing stack as determined by the authority administeri ng the Department. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

c. For sources seeking credit after January 12, 1979, for a stack height determined under Subsection 512.03.b., where the Department requires the use of a field study or fluid model to verify GEP stack height, for sources seek ing stack height credit after November 9, 1984, based on the aerodynamic influence of cooling to wers, and for sources seeking stack height credit after December 31, 1970, based on the aerodynamic influence of structures not adequately represented by the equations in Subsection 512.03.b., a maximum ground-level concentration due in whole or in part to dow nwash, wakes or eddy effe cts that is at least forty percent (40%) in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

03. Good Engineering Practice (GEP) Stack Height . The greater of: (5-1-94)

a. Sixty-five (65) meters, measured from the ground-level elevation at th e base of the stack; (5-1-94)

b. For stacks in existence on January 12, 1979, and for which the owner or operator had obtained all applicable preconstructi on permits or approvals required,

H = 2.5S

provided the owner or operator produces evidence that this eq uation was actually relied on in establishing an emission limitation. For all ot her stacks provided that the Department may require the use of a field study or fluid model to verify GEP stack height for the source,

H = S + 1.5L

where: (5-1-94)

i. H = good engineering practi ce stack height measured fr om the ground-level elevation at the base of the stack. (5-1-94)

ii. S = height of nearby struct ure(s) measured from the grou nd-level elevation at the base of the stack. (5-1-94)85 iii. L = lesser dimension, height or projec ted width, of nearby structure(s). (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

c. The height demonstrated by a fluid model or a field study approved by the Department

which ensures that the emissions from a stack do not result in excessive concentrations of any regulated or toxic air pollutant as a result of atmospheric downwash, wakes, or eddy effects created by the source itself, stru ctures, or terrain features.

State Effective: 4/11/06; EPA Effective: 12/27/2010

04. Nearby Structures Or Terrain Features . “Nearby” as applied to a specific structure or terrain feature under the definition of “good engi neering practice stack height”; and (5-1-94)

a. For purposes of applying the formulae provided under Subsection 512.03.b., means that distance up to five (5) times the lesser of the height or the width dimension of a structure, but not greater than one-half (1 /2) mile (0.8 km); and (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

b. For conducting demonstrations under Subs ection 512.03.c., means not greater than onehalf (0.5) mile (0.8 km), except that the portion of a terrain feature may be considered to be nearby which falls within a di stance of up to ten (10) time s the maximum height of the feature, not to exceed two (2) miles if such f eature achieves a height one-half (0.5) mile (0.8 km) from the stack that is at least forty perc ent (40%) of the GEP st ack height determined by the formulae provided in Subsection 512.03.b., or twenty-six (26) meters, whichever is greater, as measured from the gr ound-level elevation at the base of the stack. The height of

the structure or terrain feature is measured from the ground-level elevation at the base of the stack. (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

05. Stack In Existence . The owner or operator had: (5-1-94)

a. Begun, or caused to begin, a continuous progr am of physical on-site construction of the stack; or (5-1-94)

b. Entered into binding agreements or contract ual obligations which could not be cancelled

or modified without substantial loss to the owner or operator, to undertake a program of construction of the stack to be comp leted in a reasonable time. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.513. REQUIREMENTS The required degree of emission c ontrol of any regulated or toxi c air pollutant shall not be affected by the amount of any stack height that exceeds good engineering practice (GEP) or by any other dispersion technique. (4-11-06)

State Effective: 4/11/06; EPA Effective: 12/27/2010

SECTION 58.01.01.514. OPPORTUNITY FOR PUBLIC HEARING

Whenever a new or revised emission limitation is to be based on a good engineering practice stack height that exceeds the height allowed by the formulae in Subsections 512.03.a. and86 512.03.b., the Department will notify the public of th e availability of the demonstration study submitted under Subsection 512.03.c., and will provide an opportunity for public hearing on the demonstration study

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.515. APPROVAL OF FIELD STUDIES AND FLUID MODELS Any field study or fluid model used to dem onstrate GEP stack height under Subsection 512.03.b. or 512.03.c., and any determination of "excessi ve concentration" unde r Subsection 512.02 must be approved by the EPA prior to an emission lim it being established. The construction of any new stack, or any increase to the height of any existing stack to the height determined by the formulae in Subsection 512.03.b., without completing a fluid model and a field study must be approved by the EPA.

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.516. NO RESTRICTION ON ACTUAL STACK HEIGHT The provisions of Sections 510 through 516 do not rest rict, in any manner, the actual stack height of any stationary source or facility.

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.550. AIR POLLU TION EMERGENCY RULE The purpose of Sections 550 through 562 is to defi ne criteria for an air pollution emergency, to formulate a plan for preventing or alleviating such an emergency, and to specify rules for carrying out the plan. The procedures for im plementing Sections 550 through 562 are delineated in Chapter VI of the SIP.

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.551. EPISODE CRITERIA The purpose of Sections 551 through 556 is to esta blish criteria for stages of atmospheric stagnation and/or de graded air quality.

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.552. STAGES The Department has defined four (4) stages of atmospheric stagnation and/or degraded air quality. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

01. Stage 1 - Air Pollution Forecast And Caution. An internal watch by the Department shall be actuated by a National Weather Se rvice report that an Atmospheric Stagnation Advisory has been issued, or the equivalent local forecast of stagnant atmospheric conditions. (3-15-02)

State Effective: 3/15/02; EPA Effective: 2/18/2003

02. Stage 2 - Alert. This is the first stage at which air pollution cont rol actions by industrial sources are to begin. (5-1-94)

03. Stage 3 - Warning. The warning stage indicates that air quality is further degraded and that control actions are necessary to mainta in or improve air quality. (5-1-94)

04. Stage 4 - Emergency. The emergency stage indica tes that air quality has degraded to a level87 that will substantially endanger the public health and that the most stringent control actions are necessary. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.553. EFFECT OF STAGES Once an episode stage is reached or the Department determines that reaching a particular stage is imminent, emergency action corresponding to that st age will remain in effect until air quality measurements indicate that another stage (either lower or higher) has b een attained. At such time, actions corresponding to the next stage will go into effect. This procedure will continue until the episode is terminated. The air quality criter ia used to define each of the episode stages for carbon monoxide, nitrogen dioxid e, ozone, particulate matter, a nd sulfur dioxide are specified in Section 556. The levels will be determined by the Department through its analysis of meteorological and ambient air quality monitoring data.

State Effective: 3/15/02, EPA Effective: 2/18/2003

SECTION 58.01.01.556. CRITERIA FOR DEFI NING LEVELS WITHIN STAGES The air quality criteria defining each of these levels for carbon monoxide (CO), nitrogen dioxide (NO2), ozone (03), particles with an aerodynamic diameter less than or equal to a nominal ten (10) micrometers (PM-10), part icles with an aerodyna mic diameter less than or equal to a nominal two point five (2.5) micromet ers (PM-2.5), and sulfur dioxide (SO 2 ) are: (3-15-02)

01. Stage 1 - Forecast And Caution. A Stage 1 Fo recast and Caution shall be declared by the Department when particulate con centrations or visibility attr ibutable to particulate matter reaches, or is forecasted to reach, and continue , at or above the levels listed below. The Department may call a Stage 1 Forecast and Ca ution, if it determines , after evaluating the pertinent meteorology and weather conditions an d source parameters such as source type, strength and projected duration, that a Stage 1 Fo recast and Caution is required to protect the public health. (3-15-02)

a. Pollutant Levels.

CO N A

NO 2 N A

O 3 N A

SO 2 N A

PM2.5 100 ug/m3 1 hour

aver age
PM2.5 50 ug/m3 24 hour

aver age PM-10 385 ug/m3 1 hour

aver age
PM-10 150 mg/m3 24 hour

aver age

(3-15-02)88 b. Visibility. When PM-10 or PM 2.5 monitoring readings are not available, the Department may declare a Stage 1 – Forecast and Caution: based on visibility readings according to the following scale:

CO N A

NO 2 N A

O 3 N A

SO 2 N A

PM 2.75 4.50 miles visibility

(3-15-02)

State Effective: 3/15/02, EPA Effective: 2/18/2003

02. Stage 2 - Alert.

CO - 17 mg/m3 (15 ppm) 8-hour

average
N O 2 - 1130 ug/m3 (0.6

p pm) 1-hour

average- 282 ug/m3 (0.15 ppm) 24-hour

average O 3 - 4 00 ug/m3 (0.2 ppm) 1-hour

average PM-10 - 350 ug/m3 24-hour

average
SO 2 - 800 ug/m3 (0.3

p pm) 24-hour

average

(4-5-00)

03. Stage 3 - Warning.

CO - 34 mg/m3 (30 ppm) 8-hour

average
N O 2 - 2260 ug/m3 (1.2

p pm), 1-hour

average- 565 ug/m3 (0.3 ppm) 24-hour

average O 3 - 800 ug/m3 (0.4 ppm) 1-hour

average89 PM-10 - 420 ug/m3 24-hour

average SO 2 - 1600 ug/m3 (0.6

p pm) 24-hour

average

(4-5-00)

04. Stage 4 - Emergency.

CO - 46 mg/m3 (40 ppm) 8-hour

average
N O 2 - 3000 ug/m3 (1.6

p pm) 1-hour

average- 750 ug/m3 (0.4 ppm) 24-hour

average
O 3 - 1000 ug/m3 (0.5

p pm) 1-hour

average PM-10 - 500 ug/m3 24-hour

average SO 2 - 2100 ug/m3 (0.8

p pm) 24-hour

average (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

SECTION 58.01.01.557. PUBLIC NOTIFICATION The purpose of Sections 557 through 560 is to es tablish requirements fo r public notification regarding atmospheric stagnation and/or degraded air quality.

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.558. INFORMATION TO BE GIVEN

01. Information To Be Given. On the basis of degrading air quality as determined by the Director, and the criteria for emergency episode st ages as shown in Section 556, the Director will utilize appropriate news media to insure that the following information is announced to the public: (5-1-94)

a. Definition of the extent of the problem; (5-1-94)

b. Indication of the action ta ken by the Director; (5-1-94)

c. Air pollution forecast for next few days; (5-1-94)

d. Notice of when the next statement from the Department will be issued; (5-1-94)

e. Listing of all general procedures wh ich the public, commercial, institutional and industrial sectors are requir ed to follow; (5-1-94)90 f. Specific warnings and advice to those pers ons who because of acute or chronic health problems, may be most susceptible to the effects of the episode. (3-15-02)

State Effective: 3/15/02, EPA Effective: 2/18/2003

SECTION 58.01.01.559. MANNER AND FR EQUENCY OF NOTIFICATION Such announcements will be made by the news me dia during regularly sc heduled television and radio news broadcasts and in all editions of sp ecified newspapers. In addition, when the stage 4 emergency level is reached, television and ra dio stations designated by the Department will repeat these announcements at one (1) hour inte rvals during normal broadcasting hours.

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.560. NOTIFI CATION TO SOURCES The Department will assure that all significant sources of the applicable air pollutant(s) are notified of the emergency stage by telephone or other appropriate means. (4-11-06)

State Effective: 4/11/06; EPA Effective: 12/27/2010

SECTION 58.01.01.561. GENERAL RULES All persons in the designated stricken area shall be governed by the following rules for each emergency episode stage. The Director may waive one (1) or more of the required measures at each episode stage if, on the basis of information av ailable to him, he judges that a measure is an inappropriate response to the specific epis ode conditions which then exist. (5-1-94)

State Effective: 5/1/1994, EPA Effective: 2/18/2003

01. Stage 1 - Air Pollution Forecast And Cauti on. There shall be no open burning of any kind. (3-15-02)

State Effective: 3/15/2002, EPA Effective: 2/18/2003

02. Stage 2 - Alert. (5-1-94)

a. There shall be no open burning of any kind. (5-1-94)

b. The use of burners and incinerators for the disposal of any form of solid waste shall be prohibited. (3-15-02)

State Effective: 3/15/02; EPA Effective: 2/18/2003

c. Persons operating fuel-burning equipment wh ich requires boiler lanc ing or soot blowing shall perform such operations only between the hours of 12:00 pm (noon) and 4:00 p.m. (5- 1-94)

d. Commercial, industrial and in stitutional facilities utilizing co al or residual fuel oil are required to switch to natural gas or di stillate oil if available. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

03. Stage 3 - Warning. (5-1-94)

a. There shall be no open burning of any kind. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/200391 b. The use of burners and incinerators for the di sposal of any form of solid waste or liquid waste shall be prohi bited. (3-15-02)

State Effective: 3/15/02; EPA Effective: 2/18/2003

c. Persons operating fuel-burning equipment wh ich requires boiler lanc ing or soot blowing shall perform such operations only between the hours of 12:00 pm (noon) and 4:00 p.m. (5- 1-94)

d. Commercial, industrial and institutional facilitie s utilizing coal or residual fuel are required to either: (5-1-94)

i. Switch completely to natural ga s or distillate oil; or (5-1-94)

ii. If these low sulfur fuels are not availa ble, curtail the use of existing fuels to the extent possible withou t causing injury to persons or damage to equipment. (5-1- 94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

04. Stage 4 - Emergency. This will be called only with specific concurrence of Governor. (5- 1- 94)

State effective: 5/1/1994, EPA Effective: 2/18/2003

a. There shall be no open burning of any kind. (5-1-94)

State effective: 5/1/1994, EPA Effective: 2/18/2003

b. The use of burners and incinerators for the disposal of any form of solid or liquid waste shall be prohibited. (3-15-02)

State effective: 3/15/2002, EPA Effective: 2/18/2003

c. All places of employment described below shall immediately cease operations: (5-1-94)

i. All mining and quarry ing operations; (5-1-94)

ii. All construction work except that which must proceed to avoid injury to persons; (5-1-94)

iii. All manufacturing establishments excep t those required to have in force an air pollution emergency plan; (5-1-94)

iv. All wholesale trade establishments, i. e. places of business primarily engaged in selling merchandise to retailers or industri al, commercial, institutional or professional users, or to other wholesaler s, or acting as agents in buyi ng merchandise for or selling merchandise to such persons or companies except those engaged in the distribution of drugs, surgical supplie s and food; (5-1-94)

v. All offices of local, county and Stat e government including authorities, joint92 meetings, and other public bodies excepting such agencies which are determined by the chief administrative officer of local, coun ty, or State governmen t authorities, joint meetings and other public bodies to be vita l for public safety and welfare and the enforcement of the provisions of this order; (5-1-94)

vi. All retail trade establishments except pharmacies, surgical s upply distributors, and stores primarily engaged in the sale of food; (5-1-94)

vii. Banks, credit agencies other than banks, securities and commodities brokers, dealers, exchanges and services; offices of insurance carriers, agen ts and brokers, real estate offices; (5-1-94)

viii. Wholesale and retail laundries, laundry services and cleaning and dyeing establishments; photographic studios; beauty shops, barber shops, shoe repair shops; (5-1-94)

ix. Advertising offices, consumer cr edit reporting, adjustment and collection agencies; duplicating, addressing, blueprin ting; photocopying, mailing, mailing list and stenographic services; equipment rental services, commercial testing laboratories; (5-1-94)

x. Automobile repair, automobile services , garages except those located adjacent to state or interstate highways; (5-1-94)

xi. Establishments rendering amusement and recreational services including motion picture theaters; (5-1-94)

xii. Elementary and secondary schools, colleges, universities, professional schools, junior colleges, vocational schools, and public and privat e libraries. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

d. All commercial and manufacturing establishments not included in this order will institute

such actions as will result in maximum reduction of the applicable air pollutant(s) from their operation by ceasing, curtailing, or postponing op erations which emit the applicable air pollutants to the extent possible without causing injury to persons or damage to equipment. These actions include limiting boiler lancing or soot blowing opera tions for fuel burning equipment to between the hours of 12:00 pm (noon) and 4:00 p.m.

State Effective: 4/11/06; EPA Effective: 12/27/2010

:

e. When the emergency episode is declared fo r carbon monoxide, the use of motor vehicles is prohibited except in emergencies or with the approval of local or state police or the Department. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.562. SPECIFIC EMERGE NCY EPISODE ABATEMENT PLANS

FOR POINT SOURCES In addition to the general rules presented in Section 561, the Department shall require that93 specific point sources adopt and implement thei r own Emergency Episode Abatement Plans in

accordance with the criteria set forth in Sect ions 551 through 556. An individual plan can be revised periodically by the Department after consultation between the Department and the owners and/or operators of the source.

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.563. TRANSPORTATION CONFORMITY The purpose of Sections 563 through 574 is to adopt and implement Section 176(c) of the Clean Air Act (CAA), as amended [42 U.S.C. 7401 et seq.] , and the related requirements of 23 U.S.C. 109(j), with respect to th e conformity of transportation plans, programs, and projects developed, funded, or approved by the United States Depa rtment of Transportation (USDOT), and by metropolitan planning organizations (MPOs) or other recipients of funds under Title 23 U.S.C. or the Federal Transit Laws (49 U.S.C. Chapter 53) . These sections set forth policy, criteria, and procedures for demonstrating and assuring confor mity of such activities to an applicable implementation plan developed pursuant to Secti on 110 and Part D of the CAA. The publications referred to or incorporated by reference in Sections 563 through 574 are available from the IDEQ.

State Effective: 3/30/01; EPA Effective: 6/11/2001

SECTION 58.01.01.564. INCORPO RATION BY REFERENCE With the exception of Sections 93.102( c), 93.104(d), 93.104(e)(2), 93.105, 93.109(c)-(f), 93.118(e), 93.119(f)(3), 93.120(a)(2), 93.121(a)(1), and 93.124(b), 40 CFR Part 93, Subpart A, Sections 93.100- 93.129, are incorporated by referen ce into these rules at Section 107 of these

rules.

State Effective: 3/30/01; EPA Effective: 6/11/2001

SECTION 58.01.01.565. ABBREVIATIONS

01. CAA. Clean Air Act, as amended.

02. CFR. Code of Federal Regulations.

03. CO. Carbon Monoxide.

04. EPA. Environmental Protection Agency.

05. FHWA. Federal Highway Administration of USDOT.

06. FTA. Federal Transit Administration of USDOT.

07. HPMS. Highway Performance Monitoring System.

08. ICC. Interagency Consultation Committee.

09. IDEQ. Idaho Department of Environmental Quality.

10. ITD. Idaho Transportation Department.94 11. LHTAC Local Highway T echnical Assistance Council.

12. LRTP. Long Range Transportation Plan.

13. MPO. Metropolitan Planning Organization.

14. NAAQS. National Ambient Air Quality Standards.

15. NEPA. National Environmen tal Policy Act, as amended.

16. O3. Ozone.

17. PM. Particulate matter.

18. PMx. Particles with an aerodynamic diameter le ss than or equal to a nominal X micrometers, where X denotes any size fraction numb er regulated by the NAAQs (e.g.: 10, 2.5).

19. STIP. Statewide Transpor tation Improvement Program.

20. TCM. Transportation Control Measure.

21. TIP. Transportation Improvement Program.

22. USDOT. United States Department of Transportation.

23. VMT. Vehicle Miles Traveled.

State Effective: 3/30/01; EPA Effective: 6/11/2001

SECTION 58.01.01.566. DEFINITIONS FOR THE PURPOSE OF SECTIONS 563

THROUGH 574 AND 582

Terms used but not defined in Sections 563 th rough 574 and 582 shall have the meaning given them by the CAA, Titles 23 and 49 U.S.C., other Environmental Protection Agency (EPA) regulations, or other USDOT regulat ions, in that order of prior ity. For the purpose of Sections 563 through 574 and 582:

01. Applicable Implementation Plan. Applicable Implementation Plan is defined in Section 302(q) of the CAA and means th e portion (or portions ) of the implementation plan, or most recent revision thereof, which has been approve d under Section 110 of the CAA, or promulgated under Section 110(c) of the CAA, or promul gated or approved pursuant to regulations promulgated under Section 301(d) of the CAA and which implements the relevant requirements

of the CAA.

02. Consult Or Consultation. The lead agency confers with other ICC members and persons on

the distribution list and consider s their views prior to taking actions relating to transportation95 conformity. The lead agency shall distribute a ll appropriate information necessary to make a conformity determination and, prior to making a conformity determinatio n, shall consider the views of such parties and shall provide a timely, written response to those views. Such views and written responses shall be includ ed in the record of decision or action. Consultation shall not occur with respect to a transpor tation plan or transportation imp rovement program (TIP) revision that merely adds or exempts projects listed in 40 CFR 93.126.

03. Distribute. Make available relevant documents and inform ation by electronic and manual means, whichever is more appropriate, to all I CC members and persons on the distribution list. Electronic distribution may include existing and future technological applications, such as electronic mail, internet web-site posting incl uding downloadable files, or the use of an electronic mail reply system base d on the distribution list. Manu al distribution may include the United States Postal Service, the state intern al mail system, a facsimile machine, or any commercially available mail service provider.

04. Distribution List. A list containing the names and addr esses of ICC members and any person(s) expressing an intere st in receiving information a nd material pertaining to ICC meetings. To express interest, a person may cont act the lead agency by postal mail, electronic mail, telephone or in person, and inform the IC C member of their inte rest in being on the

distribution list for information and ma terial pertaining to ICC meetings.

05. Exempt Projects. Projects exempt from conformity requirements based on the general criteria of safety, mass transit, and ot her factors, as described in 40 CFR 93.126.

06. Lead Agency. The transportation or air quality agency responsible for conducting the consultation process, as identif ied in Subsections 568.01 through 568.03.

07. Lead Air Quality Agency. An agency desi gnated pursuant to Sec tion 174 of the CAA as responsible for developing an applicable impl ementation plan, or alternatively the agency designated by the Governor as the lead ai r quality agency for a county, region, or any jurisdiction.

08. Local Highway Jurisdiction. A county with juri sdiction over a highway system, a city with jurisdiction over a highway system, or a highway district, as defined by Section 40-113(3), Idaho

Code.

09. Local Highway Technical Assistance Counc il (LHTAC). The public agency created in Chapter 24, Title 40, Idaho Code.

10. Maximum Priority.

a. All possible actions must be taken to shor ten the time periods necessary to complete essential steps in TCM implementation - for ex ample, by increasing the funding rate - even though timing of other projects may be affected. It is not permissible to have prospective discrepancies with the applicable implementa tion plan's TCM implementation schedule due96 to:

i. Lack of funding in the TIP;

ii. Lack of commitment to the project by the sponsoring agency;

iii. Unreasonably long periods to complete fu ture work due to lack of staff or other

agency resources;

iv. Lack of approval or consen t by local governmental bodies; or

v. Failure to have applied for a permit wh ere necessary work preliminary to such application has been completed.

b. Where statewide and metropolitan funding resources, planning, and management capabilities are fully consumed within the flex ibility of the Transportation Equity Act of 1998 (TEA-21), Pub. L. No. 105-178, 112 Stat 107, as amended by Pub. L. No. 105-206, 112 Stat 685, or future federal omnibus tran sportation funding bills, with responding to damage from natural disasters, civil unrest, or terrorist acts, TCM implementation can be determined to be timely without regard to th e above, provided reasona ble efforts are being

made.

11. Metropolitan Planning Organization (MPO ). The organization designated as being responsible, together with the State, fo r conducting the continuing cooperative and comprehensive transportation planning process under 23 U.S.C. 134 and 49 U.S.C. 5303 and 23 CFR 450. It is the forum for cooperative transportation decision-making.

12. Public Notice. Distribution of the meeting times, location, duration and agenda, to all the ICC members and persons on the distribution list.

13. Recipient Of Funds Designated Under Title 23 U.S.C. Or The Federal Transit Laws. Any agency at any level of state, c ounty, city, or regional government that routinely receives Title 23

U.S.C. or Federal Transit Laws funds to c onstruct FHWA/FTA project s, operate FHWA/FTA projects or equipment, purchas e equipment, or undertake othe r services or operations via contracts or agreements. This definition doe s not include private landowners, developers, contractors, or entiti es that are only paid for services or products created by their own employees.

14. Regionally Significant Project. A transportation project, other than an exempt project, that is on a facility which serves regional transporta tion needs (such as access to and from the area outside the region, major activity centers in the region, major planned developments such as new retail malls, sports complexes, etc., or transportation terminals as well as most terminals themselves) and would normally be included in the modeling of a metropolitan area's transportation network, including, at a minimum:97 a. All principal arterial highways;

b. All fixed guideway transit facilities that o ffer an alternative to regional highway travel;

and

c. Any other facilities determined to be regionally significant through Section 570, interagency consultation.

15. Transportation Agency. The public agency res ponsible for one (1) or more of the following transportation modes:

a. Air;

b. Rail;

c. Water;

d. Highway;

e. Bicycle and pede strian paths; and

f. Transit.

16. Transit Agency. Any agency involved in prov iding mass transportation services by bus, rail, or other conveyance providing general or sp ecial service to the public on a regular and continuing basis. The term “Transit Agency” does not include school buses or charter or sightseeing services.

State Effective: 3/30/00; EPA Effective: 6/11/2001

SECTION 58.01.01.567. AGENCIES AFFE CTED BY CONSULTATION This Section identifies those agencies and other entities (federal, tribal, state and local) involved in the consultation process and those general actions requiring consultation.

01. Interagency Consultation Committee. A committ ee of representatives shall be formed in

each nonattainment or maintenance area of the stat e, to convene on conformity determinations, as necessary, and shall be called the Intera gency Consultation Committee (ICC) for that

nonattainment or maintenance area. The ICC shall undertake consultation procedures, as applicable, in preparing for and before making conformity determinations in developing longrange transportation plans (LRTP) , transportation improvement pr ograms (TIP), and applicable implementation plans.

02. ICC Members. The ICC shall consist of the following agencies or entities, as applicable:

a. A Metropolitan Planning Orga nization (MPO) where one exists;

b. The Idaho Transportation Department (ITD);98 c. The Federal Highway Administration (FHW A) and the Federal Transit Administration (FTA) divisional office;

d. The Idaho Department of Environmental Quality (IDEQ);

e. Affected Local Highway Jurisdic tions involved in transportation,

f. Affected Transit agency(ies);

g. The Local Highway Technica l Assistance Council (LHTAC);

h. Indian Tribal governments with trans portation planning re sponsibilities; and

i. The United States Environmental Protection Agency (EPA).

03. Agencies Entitled To Participate. Agenci es which may be affected by the consultation process and which are entitled to particip ate in the consultati on process include:

a. Any local transit agency or provider, loca l highway jurisdiction, and any city or county transportation or air quality boa rd or agency where the nonattain ment or maintenance area is located; and

b. Any other state or federal or tribal orga nization in the state re sponsible under state or federal law for developing, submitting or implementing transportation related provisions of an implementation plan.

04. More Than One Pollutant. Areas that are nonattainment for more than one (1) pollutant may conduct consultation, as specified in this sect ion, through a single committee for all pollutants.

05. Open To The Public. All meetings of the ICC shall be open to the public.

06. Delegation. An ICC member ma y delegate its role or res ponsibility in the consultation process to another enti ty pursuant to applicable state law. An ICC member making such delegation shall notify all other ICC members in writing when the delegation occurs. The written notice shall provide the name, address, and telep hone number of one (1) or more contact persons representing the entity accepting th e delegated role or responsibility.

07. General Actions Requiring Consultation. The ICC shall undertake the consultation process prior to the development of the following:

a. The implementation plan(s), including th e emission budget and list of TCMs in the applicable implementation plan(s), prepared by the lead air quality agency in a nonattainment or maintenance area;99 b. All other conformity determinations for tr ansportation plans, proj ects, and programs; and

c. Revisions to the preceding documents which ma y directly or indirectly affect conformity

determinations.

State Effective: 3/30/00; EPA Effective: 6/11/2001

SECTION 58.01.01.568. ICC MEMBER ROLES IN CONSULTATION The lead agency as identified in this section is the ICC member respons ible for initiating the consultation process, preparing the initial and final drafts of the doc ument or decision, and assuring the adequacy of the c onsultation process for all confor mity processes and procedures.

01. Designated Lead Air Quality Agency. IDEQ or the MPO, as the designated lead air quality agency, shall be the lead agency for the develo pment of the implementation plan, the associated emission budgets, and the list of Transportation Control Measures (TCMs) in the plan. The concurrence of IDEQ on each applicable implem entation plan is required before IDEQ adopts the plan and submits it to EPA for inclusi on in the applicable implementation plan.

02. Areas With An MPO. For areas in which an MPO has been established, the designated MPO shall be the lead agency responsible for confor mity determinations, de velopment of the LRTP, development of the TIP, and projec t level documentation under 23 CFR 450.

03. Areas Without An MPO. For areas in which an MPO has not been established, ITD shall be the lead agency for preparing the final documen t on conformity determinations, the development of the statewide transportation plan, the de velopment of the STIP, and project level

documentation under 23 CFR 450.

State Effective: 3/30/01; EPA Effective: 6/11/2001

SECTION 58.01.01.569. ICC MEMBER RESPON SIBILITIES IN CONSULTATION This Section identifies the specifi c responsibilities of ICC members.

01. Designated Lead Air Quality Agency Respons ibilities. The designated lead air quality agency shall be responsible for developing or providing and distributing draft and final documentation, data and analyses for:

a. Air emission inventories;

b. Emission budgets;

c. Attainment and maintenance demonstrations;

d. Control strategy implementation plan revisions;

e. Updated motor vehicle emission factors;

f. Proposal and evaluation of TCMs; and100 g. Public outreach on dr aft air quality plans pursuant to 40 CFR Part 51.

02. Designated MPO Responsibilities. The de signated MPO shall be responsible for:

a. Conformity determinations corresponding to LRTPs and TIPs;

b. Making conformity determinations for th e entire nonattainment or maintenance area, including areas beyond the boundaries of the MP O, where no agreement is in effect as required by 23 CFR 450.310(f);

c. Identify regionally significant proj ects through the cons ultation process;

d. Implementing TCMs in air quality nonatta inment and/or maintenance areas, as applicable;

e. Providing technical and po licy input on emissions budgets;

f. Performing transportation modeling, regiona l emissions analyses, and project level analysis, as necessary;

g. Documenting timely implementation of TCMs , as required, for determining conformity;

and

h. Distributing relevant draf t and final project environmen tal documents to ICC members and persons on the distribu tion list per the schedule in Subsection 570.01.c.

03. Non-MPO Area Responsibilities. In areas without an established MPO, ITD shall be responsible for:

a. Conformity determinati ons corresponding to STIPs a nd project-level analyses;

b. Providing technical and policy input on pr oposed revisions to motor vehicle emissions factors and to emission budgets;

c. Distributing relevant draft and final project environmenta l documentation prepared by, or for ITD, to ICC members and persons on the di stribution list per the schedule in Subsection 570.01.c.;

d. Convening air quality techni cal review meetings on specifi c projects when requested by other ICC members, or as needed;

e. Convening interagency consultation m eetings required for purposes of making conformity determinations in nonattainmen t or maintenance areas, outside of MPO boundaries, as necessary;101 f. Making conformity determinations in nonatt ainment or maintenan ce areas, outside of MPO boundaries, as necessary; and

g. Implementing TCMs in air quality nonatta inment and/or maintenance areas, as applicable.

04. FHWA And FTA Responsib ilities. FHWA and FTA shall be responsible for:

a. Assuring timely action on final findings of c onformity for transportation plans, TIPs, and federally funded projects, includ ing the basis for those findings after consultati on with other agencies as provided in S ection 569 and 40 CFR 93.105; and

b. Providing guidance on conformity and the transportation pla nning process to ICC members. FHWA and FTA may rely solely on th e consultation process initiated by ITD or the MPO, where one exists, and shall not be required to dupli cate that process.

05. EPA Responsibilities. EPA shall be respons ible for providing policy and technical guidance on conformity criteri a to ICC members.

06. Responsibility To Disclose Potentially Re gionally Significant Proj ects. ITD, the local highway jurisdiction, transit agency, or transpor tation project sponsor sh all be responsible for disclosing potentially regionally significant projects within air quality nonattainment and maintenance areas to the ICC in a timely manner.

a. Local Highway Jurisdictions shall disclose of potentially regionall y significant projects upon written request of ITD within fourteen (14) days of such request, or when annual local and MPO project lists are due to ITD Distri ct Offices as part of the annual STIP development process;

b. In an MPO area, to help assure timely disclosure, the sponsor of any potentially regionally significant project shal l disclose such projects to the MPO annually on or before March 1 of that calendar year; and

c. In MPO nonattainment and maintenance ar eas, the TIP and associated conformity demonstration shall be deemed to be incomplete if any regionally signi ficant project has not been disclosed to the ICC in a timely manner. Th erefore, such a TIP shall be considered to be non-conforming to applicab le implementation plan(s).

State Effective: 3/30/01; EPA Effective: 6/11/2001

SECTION 58.01.01.570. GENERAL CO NSULTATION PROCESS Section 570 provides the general pr ocedures for interagency consu ltation (federal, tribal, state, and local) and public participation for transportation conformity determinations in air quality

nonattainment and maintenance ar eas in the state of Idaho.

01. Lead Agency In Consultation. The following ar e the responsibil ities of the lead agency at each stage of the consultation process:102 a. Initiating the consultati on process by notifying other I CC members of the document or decision that must undergo th e consultation process and by scheduling and convening consultation meetings and agendas;

b. Developing and maintaining a distribution list of all ICC members and any other persons expressing an interest in receiving informa tion and materials pertai ning to ICC meetings;

c. Distributing an agenda and all supporting material, including minut es of ICC meetings, to ICC members and persons on th e distribution list as follows:

i. Fourteen (14) days in advance of an ICC meeting if there are non-technical issues to be resolved by the ICC;

ii. Thirty (30) days in advance of an ICC meeting if there are technical issues to be resolved by the ICC; or

iii. If distribution of technical materi al pursuant to Subsection 570.01.c.ii. is not feasible thirty (30) days prior to an ICC meeting, then the lead agency shall notify the ICC members and persons on the distribution lis t in writing at least thirty (30) days prior to the ICC meeting. Together with the notification, the lead agency shall

distribute and disclose all available material and documentation to the ICC members and persons on the distribution list, informing them of the nature, purpose, and details of possible program changes that are expected to occur from earl ier analyses of the

actions. All technical material and document ation shall be distributed at a minimum of fourteen (14) days prior to the ICC meeting.

d. Conferring with other agencies and pers ons not on the distribution list that have expressed an interest in the documen t or decision to be developed;

e. Providing ICC members and persons on th e distribution list access to all information needed for meaningful input;

f. Soliciting early and con tinuing input from other ICC members and persons on the distribution list;

g. Following the public consultation procedures outlined in Section 574;

h. Providing an opportunity for informal que stion and answer on the draft document or proposed decision;

i. Considering the views of ICC member s and persons on the distribution list and responding in writing to significan t comments in a timely and substantive manner prior to finalizing or taking any final action on those documents or determinations enumerated in Section 567.07.a. through 567.07.c.; and103 j. Assuring all comments and written res ponses of ICC members and persons on the distribution list are made part of the record of any action.

02. Public Comment Period To Satisfy Thirty Day Document Distributi on Requirement. A lead agency may use all or any part of another pub lic comment period established for public outreach procedures pursuant to 23 CFR 450 for a transportation plan, progr am, or project to satisfy the thirty (30) day advance distri bution requirement for technical issues, and shall notify all ICC members and other persons on the distribution list when so doing fourteen (14) days prior to commencement of the public comment period.

03. Separate Times Or In Combination. The above actions may be conducted at separate times or in combination, as required, to en hance the efficiency of the process.

04. Final Document Distribution. A lead agency , upon completion of a final document subject to the consultation process under S ections 563 through 574 of these rules (including any federal agency), shall distribute each final document to all other ICC members and persons on the distribution list within thirty ( 30) days of adopting or approving such document or making such

determination.

05. Use Of Checklist For Distribut ion Of Material. The lead agen cy may supply a checklist of available supporting information to ICC members a nd persons on the distribution list to be used to request all or part of the supporting informa tion, in lieu of generally distributing all supporting

information.

06. Use Of Other Meetings For Consultation. A meeting that is scheduled or required for another purpose may be used for the purposes of consultation only if the public notice for the meeting identifies consultation as an agenda item.

State Effective: 3/30/01; EPA Effective: 6/11/2001

SECTION 58.01.01.571. CONSULTA TION PROCEDURES The consultation process among ICC members and persons on the distribu tion list shall be undertaken for the following specific major activities (federal, tribal, state, and local), specific routine activities and specific ai r quality related activities, in acco rdance with the procedures in Section 570. Participating agencies shall be all ICC members unless ot herwise specified in Subsections 571.01 through 571.04.

01. Specific Major Activities. The consultation process shall be undertaken for the following specific major activities. The lead agency for each activity shall be th e designated MPO or ITD

in the absence of an MPO.

a. Evaluating and choosing each air quality mo del and associated methods and assumptions to be used in hot-spot anal yses and regional emissions an alyses including vehicle miles traveled forecasting. The hot-spot analyses shall be performed consistent with procedures

described in 40 CFR 93.116 and 40 CFR 93.123 and regional emi ssions analysis shall be performed using procedures outlined on 40 CFR 93.122.104 b. Determining which minor arterials and other transportation projects should be considered “regionally significant” for the purposes of regi onal emissions analysis, in addition to those functionally classified as principal arterial or higher or fixed guideway transit systems or

extensions that offer an altern ative to regional highway travel.

c. Evaluating whether projects otherwise ex empted from meeting the requirements of Sections 563 through 574 of th ese rules should be treated as non-exempt in cases where potential adverse emissions impacts may exist for any reason per 40 CFR 93.126 and 127.

d. Making a determination as to whether past obstacles to implem entation of TCMs which

are behind the schedule established in the a pplicable implementation plan have been identified and are being overcome, and whether state and local agencies with influence over approvals or funding for TCMs are giving maxi mum priority to approval or funding for TCMs. This consultation procedure shall also consider whether delays in TCM implementation necessitate revisions to the applicable implementation plan to remove

TCMs or substitute TCMs with other emission reduction measures.

e. Identifying projects located at sites in PM nonattainment or maintenance areas which have vehicle and roadway emission and disper sion characteristics which are essentially

identical to those at sites whic h have violations verified by monitoring, and therefore require quantitative PM hot-spot analysis. In case a method for quantitative hot-spot analysis has not been formally adopted by EPA, a sound qua litative analysis deve loped in conjunction with FHWA may be used for the same.

f. Making a determination whether the project is included in the regional emissions analysis supporting the currently conforming TIP's c onformity determinat ion, and whether the project's design concept and scope have ch anged significantly from those which were included in the regional emissi ons analysis, or in a manner which would significantly impact use of the facility.

g. For areas in the state with no MPOs, ma king a determination whether a project has undergone project-level analysis and whether the project’s design concept and scope have changed significantly from those which were in cluded in the project-le vel analysis, or in a manner which would significantly impact use of the facility.

h. Establishing appropriate public participati on opportunities for proj ect-level conformity determinations, as applicable, in the manner specified by Secti on 574, to be initiated by the recipient of the funds designated under 23 U.S.C. or the Federal Transit Act.

i. Choosing conformity tests and methodologies for isolated and ru ral nonattainment and maintenance areas as requir ed by 40 CFR 93.109 (g)(2)(iii).

02. Specific Routine Activities. The consultatio n process shall be undertaken for the following specific routine activities. The lead agency shall be the MPO or ITD in the absence of an MPO.105 a. Evaluating events that will trigger new c onformity determinations in addition to those triggering events established in 40 CFR 93.104. Pa rticipating agencies shall be the MPO and state, tribal, regiona l, and local air quality planning agencies.

b. Consulting on emissions analysis for trans portation activities that cross the borders of

MPOs or nonattainment or maintenance areas. Participating agencies shall be the MPO and state, tribal, regiona l, and local air quality planning agencies.

c. Determining whether the proj ect sponsor or MPO has demons trated that the requirements are satisfied without a particular mitigation, such as emissions offsets or other control measures, or determining that a conforming project approved with mitigation no longer requires mitigation.

d. Assuring that plans for construction of regionally significant projects that are not FHWA/ FTA projects, in cluding projects for which alterna tive locations, design concept and scope, or the no-build option are still being considered, are disc losed to the MPO or ITD in the absence of an MPO on a regul ar basis, and assuring that a ny changes to those plans are immediately disclosed.

e. Determining whether a project, which was pr eviously found to conform, has or will have a significant change in design concept and scope since the project plan and TIP conformity

determination.

f. Designing, scheduling, and f unding of research and data co llection effort pertaining to transportation or air quality planning with implications fo r transportation conformity.

g. Reviewing and recommending regional tran sportation model development by the MPO (e.g., household/travel transportation surveys).

h. Development of transportation improvement programs.

i. Development of regional transportation plans.

j. Consulting when the metropolitan planning area does not include the entire nonattainment area or maintenance area, for planning requirements which may fall under the jurisdiction of more than one (1) MPO or the MPO and ITD.

03. Specific Air Quality Related Activities. The consultation process shal l be undertaken when preparing an applicable implementation plan th at includes the revision or addition of a motor vehicle emissions inventory and budget activities in accordance with the procedures in Section 570. Consultation is not required fo r administrative amendments that do not affect conformity. The lead agency for each activity shall be IDEQ or the MPO. In addition to the Section 570 consultation process, the lead agen cy shall undertake the following:106 a. Scheduling consultation meetings early in the process of decision on the applicable implementation plan, and prior to making a final recommendation to their management, committees, boards or commissions, for a final decision on such documents;

b. Arranging for technical committees or te ams to assist ICC members in reviewing documents provided by the lead agency. The l ead agency may convene technical meetings as necessary; and

c. Scheduling and conducting meetings of the I CC at regularly scheduled intervals, no less frequently than quarterly.

d. The ICC may appoint subcommittees to addr ess specific issues pertaining to applicable implementation plan development. Any reco mmendations of a subcommittee shall be considered by the ICC.

04. Notification Process. The de signated MPO, or ITD in the ab sence of an MPO, shall notify ICC members and persons on the distribution list of a transportation plan or TIP revisions that merely add or delete exempt projects listed in 40 CFR 93.126 early in the process of decision, and by supplying all relevant documen ts and information to the same.

State Effective: 3/30/01; EPA Effective: 6/11/2001

SECTION 58.01.01.572. FINAL CONFORMITY DETERMINATIONS BY USDOT Section 572 establishes the pro cess USDOT shall follow when making final determinations on proposed or anticipated transportation actio ns subject to trans portation conformity.

01. Final Conformity Determination Process. USDOT will make making final determinations on proposed or anticipated STIP or transpor tation plan or project conformity by:

a. Distributing a draft confor mity determination to EPA for review and comment. USDOT shall allow a maximum of thirty ( 30) days for EPA to respond; and

b. USDOT shall respond in wr iting to any significant comments raised by EPA within fourteen (14) days of receipt in wr iting before making a final decision.

02. New Or Revised Information. If USDOT reque sts any new or revised information to support a STIP, TIP or transportation plan or project conformity determin ation, then USDOT shall either return the conformity determination for addi tional consultation pursuant to Section 570, or

USDOT shall distribute the new information to the ICC members and persons on the distribution list for review and comment;

a. When USDOT distributes such new or additional information to ICC members and persons on the distribution list, USDOT shall a llow for a maximum of th irty (30) days for the lead agency to respond to any ne w or revised supporti ng information; and

b. USDOT shall distribute a written response wi thin fourteen (14) da ys of receipt to any significant comments raised by the ICC member s and persons on the distribution list on the107 new or revised supporting informa tion before making a final decision.

State Effective: 3/30/01; EPA Effective: 6/11/2001

SECTION 58.01.01.573. RESOLVING CONFLICTS Conflicts between state agenci es or between state agencies and the MPO regarding a determination of conformity, applicable implemen tation plan submittal, or other policy decision under Sections 563 through 574, shall be resolved in the following manner.

01. Conflict Resolution At The Level Of IDEQ Regi ons And ITD Districts. Every effort shall be made to resolve any conflicts among state agencies or between state agencies and an MPO at the regional level. The regional administrator of ID EQ, the District Engineer of ITD and the other agency managers at the regional level of th e affected jurisdictions , or their designated representatives shall be i nvolved in conflict resoluti on at the regional level.

02. Conflict Resolution At The Level Of IDEQ And ITD Headquarters. If conflict(s) are not resolved at the regional level, the issue shall be raised to the level of agency directors for

resolution.

03. Conflict Resolution At The Governor’s Leve l. If conflict(s) are not resolved through Subsection 569.02, then IDEQ sh all raise the conflict to the Governor, as follows:

a. The IDEQ administrator shall request in wr iting that ITD or the MPO provide IDEQ with

written notification of resoluti on of IDEQ’s comments. ITD or the MPO shall provide IDEQ with the requested written notification within fourteen (14) days of receipt of IDEQ’s written request.

b. Within fourteen (14) days of its receipt of the requested written notific ation, IDEQ may appeal the conformity determination in writi ng to the Governor. If IDEQ appeals to the Governor, then the final conformity determ ination must have th e concurrence of the Governor. If IDEQ does not appeal in writing to the Governor w ithin fourteen (14) days of its receipt of written notification of resolution of it's comments, then the lead transportation agency may proceed with the final conformity determination. c. The fourteen (14) days shall start on th e date when the IDEQ administrator receives

notification of the written re solution of his comments re garding a determination of conformity, applicable implementation plan submittal, or other decision under Sections 563 through 574.

04. Process For Conflict Resolution At The Gover nor’s Level. The Governor may delegate to another independent official or agency within th e state his or her role in this process. The Governor may not delegate his or her role to the head or staff of the stat e air quality agency or any local air quality agency, ITD, a state tran sportation commission or board, any agency that has responsibility for any one (1) of these functions, or an MPO.

State Effective: 3/30/01; EPA Effective: 6/11/2001

SECTION 58.01.01.574. PUBLIC CONS ULTATION PROCEDURES Affected agencies making conformity determin ations on transportation plans, programs, and108 projects shall establish a pro active public involvement proce ss which provides opportunity for public review and comment by, at a minimum, pr oviding at the beginning of the public comment period and prior to taking formal action on a c onformity determination for all transportation plans and TIPs, reasonable public access to tec hnical and policy informa tion considered by the agency, and consistent with these requirements and those of 23 CFR 450. Any charges imposed for public inspection and copying should be consis tent with the fee sche dule contained in 49 CFR 7.95. In addition, these agencies must specifi cally address, in wri ting, all public comments relating to known plans for a regionally signif icant project, which is not receiving FHWA or FTA funding, or approval. This is especially important if the pr oject’s emissions have not been properly reflected in the emissions analysis supporting a proposed conformity finding for a transportation plan or TIP. These agencies sha ll also provide opportunity for public involvement in conformity determinations for proj ects where otherwise required by law.

State Effective: 3/30/01; EPA Effective: 6/11/2001

SECTION 58.01.01.575. AIR QUALITY STAND ARDS AND AREA CLASSIFICATION Ambient Air Quality Standards. The purpose of Sections 575 through 587 is to establish air quality standards for the state of Idaho wh ich define acceptable ambient concentrations

consistent with establishe d air quality criteria.

State Effective: 4/11/06; EPA Effective: 12/27/2010

SECTION 58.01.01.576. GENERAL PROVISIO NS FOR AMBIENT AIR QUALITY

STANDARDS 01. Applicability . The ambient air quality standards establ ished herein shall apply to all of the

state.

02. Standard Conditions . Where applicable, air quality meas urements shall be corrected to a reference temperature of twenty-f ive degrees Celsius (25C) and to a reference pressure of seven hundred and sixty (760) millimeters of mercury absolute.

03. Revisions . As pertinent air quality criteria information becomes available, such information

shall be considered and new or revised air quality standards promulgated as appropriate.

04. Control Of Unregulated Contaminants . The absence of an air quality standard for a specific contaminant shall not preclude action by the Department to control such contaminants to assure the health, welfare and comfor t of the people of the State.

05. Methods . All measurement techniques for determ ining compliance with 40 CFR Part 50 shall be consistent with those specified in 40 CFR Parts 50 and 53.

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.578. DESIGNATION OF ATTAINMENT, UNCLASSIFIABLE, AND

NONATTAINMENT AREAS

01. Annual Review . The Department shall annually revi ew the available ambient air quality data and when appropriate, redesignate areas as attainment, unclassifiable or nonattainment with

the standards in 40 CFR Part 50.109 02. Boundaries . Boundaries for such areas will be ba sed, as much as possible, on actual

ambient concentrations and shall take into accoun t such things as the lo cation of air pollutant sources, modeled air quality concentrations , terrain, geographical boundaries and political jurisdictions.

03. Area Designation . Designation of attainment and uncla ssifiable areas shall generally be made on a county basis. Redesignation of attainme nt or unclassifiable areas cannot intersect or be smaller than the area of impact of any major facility or major modification which establishes

the baseline date or is su bject to a PSD permit.

04. Redesignations . Redesignations shall be adopted by th e Department after public notice and opportunity for a public hearing and will be su bmitted by the Governor (or if delegated, the Director) to the U.S. Environmental Protection Agency.

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.579. BASELINES FOR PR EVENTION OF SIGNIFICANT

DETERIORATION 01. Baseline Date(s) . (5-1-94)

a. Major Source Baseline Date. January 6, 1975 in the case of particulate matter and sulfur dioxide; February 8, 1988 in the ca se of nitrogen dioxide. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

b. Minor Source Baseline Date. The earliest da te after the trigger date on which a major stationary source or a major m odification subject to prevention of significant deterioration (PSD) submits a complete applicatio n. The trigger date is: (4-5-00)

i. In the case of particul ate matter and sulfur dioxide, August 7, 1977; and (4-5-00)

ii. In the case of nitrogen di oxide, February 8, 1988. (4-5-00)

c. The baseline date is established for each pollutant for which increments or other equivalent measures have b een established if: (4-5-00)

i. The area in which the proposed so urce or modification would construct is designated as attainment or unclassifiabl e under Section 107(d) of the Clean Air Act for the pollutant on the date of its complete prevention of significant deterioration (PSD) application; and (4-5-00)

ii. In the case of a major stationary source, the pollutant would be emitted in significant amounts, or, in the case of a major modification, there would be a significant net emissions increase of the pollutant. (4-5-00)

d. Any minor source baseline date established originally for the TSP increments shall remain in effect and shall apply for purposes of determining the amount of available PM-10 increments, except that the Department may re scind any such minor source baseline date110 where it can be shown, to the sa tisfaction of the Department, that the emissions increase from the major stationary source, or the net emissions increase from the major modification, responsible for triggering that date did not result in a significant amount of PM-10 emissions. (4-5-00)

02. Baseline Area . Any intrastate area designated as attainment or unclassifiable under 42 U.S.C. Section 7407(d), in which the major facilit y or major modification establishing the minor

source baseline date would construc t or would have an air quality im pact equal to or greater than a one (1) microgram per cubic meter (annual average) of the regulated air pollutant for which the minor source baseline date is established. (4-5-00)

03. Baseline Concentration . The ambient concentration for a pa rticular regulated air pollutant which exists in the applicable baseline area on the applicable minor source baseline date. (4-5- 00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

a. The baseline concentrati on shall represent: (5-1-94)

i. The actual emissions from sources in existence on the applicable minor source baseline date; and (5-1-94)

ii. The allowable emissions of major f acilities and major modifications which commenced construction before the applicab le major source baseline date, but were not in operation by the applicable mi nor source baseline date. (5-1-94)

b. The baseline concentration shall not include the actual emissions of new major facilities and major modifications which commenced cons truction on or after th e applicable major source baseline date. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.580. CLASSIFICATION OF PREVENTION OF SIGNIFICANT

DETERIORATION AREAS

01. Restrictions On Area Classification . (5-1-94)

a. All of the following areas which were in existence on August 7, 1977, are Class I and may not be redesignated: (5-1-94)

i. International parks; (5-1-94)

ii. National wilderness areas which exceed five thousand (5,000) acres; (5-1-94)

iii. National memorial parks which exceed five thousand (5,000) acres; (5-1-94)

iv. National parks which exceed six thousand (6,000) acres. (5-1-94)

b. The following areas are Class II and may be redesignated only as Clas s I or II: (5-1-94)111 i. National monuments, national primitive areas, national preserves, national recreational areas, national wild and scenic rivers, national wildlife refuges, and

national lakeshores or seashores which ex ceed ten thousand (10,000) acres; or (5-1- 94)

ii. National parks or national wilder ness areas established after August 7, 1977,

which exceed ten thousand (10,000) acres. (5-1-94)

c. All other areas in the State are Class II and may be redesignated Class I, II or III. (5-1- 94)

02. Procedures For Redesignation Of Preven tion Of Significant Deterioration (PSD)

Areas . The Governor may submit to the U.S. Envi ronmental Protection Agency a proposal to redesignate areas as a revision to the SIP. In preparing any such proposal the Department shall: (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

a. Consult with the elected leadership of local and other substate general purpose governments in the area covered by the proposed redesignat ion; (5-1-94)

b. Prepare a discussion of the reasons for the proposed redesignation, including a satisfactory description and anal ysis of the health, environm ental, economic, social and energy effects of the proposal. This document will be made available for public inspection at least thirty (30) days pr ior to the public hearing on th e proposed redesignation and the notice announcing the hearing wi ll include notification of the availability of the document; (5-1-94)

c. Provide written notice to the appropriate Federal Land Ma nager of any federal lands proposed for redesignation and provide at l east thirty (30) days for the Federal Land Manager to confer with the Departme nt and to submit written comments and

recommendations. If written comments and recommendations are submitted, the Department shall publish a list of any inconsis tency between the proposed redesignation and the comments and recommendations, includ ing the reasons for making a redesignation against the recommendation of the Federal Land Manager; (5-1-94)

d. Notify other states, Indian governing bodies, and federal land managers whose land may be affected by the proposed redesignation at least thirty (30) days prior to the public hearing; (5-1-94)

e. For a redesignation to Class III: After cons ulting with the appropriate committees of the legislature, if it is in session, or the leadership of the legislature, if it is not in session, obtain specific approval by the Governor and by all general purpose units of local government representing a majority of the residents of the area to be redesignated; demonstrate that the redesignation would not cause, or contribute to, violations of any ambient air quality standard, or violations of PSD increments in any other area; and make available, for public112 inspection prior to the public hearing, any pe rmit application and accompanying material for any major facility or major modification which could only be permitted if the area were designated as Class III; and (5-1-94)

f. Hold at least one (1) public hearing on the propos ed redesignation. (5-1-94)

SECTION 58.01.01.581. PREVENTION OF SI GNIFICANT DETERIORATION (PSD)

INCREMENTS The purpose of Section 581 is to establish the allowable degree of deterioration for the areas within the State which have air quality be tter than the ambient standards. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

01. Class I, II and III Areas . Class I, II, and III area PSD in crement requirements contained in 40 CFR 52.21(c) are incorporated by reference into these rules at Section 107. These CFR

sections have been codified in the electronic CFR which is available at www.gpoaccess.gov/ecfr

. (10-6-10)

State Effective:10/6/10; EPA Effective: 8/16/2012

02. Exceedances . For any period other than an a nnual period, the applicable maximum allowable increase may be exceeded during one (1) such period per year at any one (1) location. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

03. Exclusions . The following concentrations shall be excluded in determining compliance with the maximum allowable increases: (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

a. Concentrations attributable to the increase in emissions from facilities which have converted from the use of petroleum products, natu ral gas, or both by r eason of an order in effect under the Energy Supply and Envir onmental Coordination Act of 1974 (or any superseding legislation) or by re ason of a natural gas curtailment plan in effect pursuant to the Federal Power Act, over the emissions from such facilities before the effective date of such order or plan; this shall not apply more than five (5) years after the effective date of such order or plan; (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

b. Concentrations of PM-10 attributable to the increase in emissions from construction or other temporary emission-related activities of new or modified facilities; (7-1-97)

State Effective: 7/1/97; EPA Effective: 2/18/2003

c. The increase in concentrations attributable to new facilities outside the United States over the concentrations attributable to existing f acilities which are included in the baseline concentration; and (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

d. Concentrations attributable to the tempor ary increase in emissions of sulfur dioxide, nitrogen dioxide, or particulate matter from f acilities which are affected by a revision to the SIP approved by the U.S. Environmental Protecti on Agency; this exclusion shall not exceed113 two (2) years unless a longer time is appr oved by the U.S. Environmental Protection Agency, is not renewable, and applie s only to revisions which: (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

i. Would not affect the applicable pollutant concentrations in a Cl ass I area or an area where an applicable increment is known to be violated and would not cause or

contribute to a violation of an am bient air quality standard; and

State Effective: 4/11/06; EPA Effective: 12/27/2010

ii. Require limitations to be in effect at the end of the a pproved time period which

would ensure that the emissions from fac ilities affected by the revision would not exceed those concentrations occurring before the revision was approved. (5-1- 94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.582. INTERIM CONFORMI TY PROVISIONS FOR NORTHERN

ADA COUNTY FORMER NONATT AINMENT AREA FOR PM-10 The purpose of Section 582 is to implement part of the settlement of “Idaho Clean Air Force, et al. v. EPA, et al.” Section 582 requires that the growth in transportation related PM-10 emissions be offset annually in the absence of federal tran sportation conformity requ irements in the former

PM-10 nonattainment area in northern Ada Count y, Idaho. Section 582 will remain in place until

a PM-10 maintenance demonstrati on and maintenance plan contai ning a motor vehicle emissions budget can be developed, submitted to the U.S. Environmental Protection Agency (EPA) and approved as meeting the requirements of S ection 175A of the Clean Air Act, and the transportation plan and TIP for northern ADA County has been found to conform to the applicable implementation plan. The Department will prepare a PM-10 maintenance plan within the agreed upon time frame to be submitted to EPA for approval.

01. Definitions. Terms not specifically define d in Subsection 582.01 are defined in Sections 565

and 566 of these rules.

a. Annual Reduction Amount. Represents the es timated, annual average increase in PM-10

emissions in the former nonattainment area expected between the years 1997 and 2005 and

is calculated at seven hu ndred fifty (750) kg/day.

b. Consent Decree. The consent decree approve d by the Ninth Circuit Court of Appeals to resolve “Idaho Clean Air Force, et al. v. EPA, et al.,” (Ninth Circuit Docket Nos. 99-70289 & 99-70576).

c. Emissions Reductions. Reductions in emissi ons of PM-10 or PM-10 precursors to be achieved by transportation control measures (as defined in 40 CFR 93.101) or other binding

emissions control measures. Control meas ures adopted by the Metropolitan Planning Organization and approved by the Department sh all be enforceable obligations of the State Implementation Plan (SIP).

d. Former Nonattainment Area. That porti on of northern Ada County designated as a114 nonattainment area for PM-10 by 40 CFR 81.87 prior to March 12, 1999.

e. Interim Period. The period beginning with the fiscal year comm encing October 1, 2000, until EPA approves a maintenance plan containing a motor vehicle emission budget for the

former nonattainment area and the Metr opolitan Planning Or ganization adopts a transportation plan and TIP that is found to conform in accordance w ith Section 176(c) of

the Clean Air Act and 40 CFR Part 93.

f. Metropolitan Planning Organization (MPO ). For purposes of Section 582, Community Planning Association of Southwest Idaho (COM PASS), or its successor organization, is the

MPO for the former nonattainment area.

g. Regionally Significant Projec t. A transportation project, ot her than an exempt project, that is on a facility which se rves regional transportation need s (such as access to and from the area outside the region, major activity centers in the region, major planned developments such as new retail malls, sports complexes, etc ., or transportation terminals as well as most terminals themselves) and would normally be included in the modeli ng of a metropolitan area's transportation network, including, at a minimum:

i. All principal arterial highways;

ii. All fixed guideway transit facilities th at offer an alternative to regional highway travel; and

iii. Any other facilities determined to be regionally significant through Section 570, interagency consultation.

02. Applicability. The provisions of Section 582 shall apply during the interim period. The transportation conformity requirements of 40 CF R Part 93 applicable to nonattainment areas shall apply to the former nonattainment area pursu ant to 42 U.S.C. Section 7506(c)(5) if the area is designated nonattainment or attainment with an approved maintenance plan. The provisions of Section 582 shall no longer apply after a main tenance demonstration and maintenance plan containing motor vehicle emissions budget(s) fo r PM-10 is submitted by the Department as a State Implementation Plan (SIP) revision, has been approved by EPA as meeting the requirements of Section 175A of the Clean Air Act, and a transportation plan and TIP have been found to conform to the applicable implementation plan pursuant to 40 CFR Part 93.

03. Adoption Of Control Measures And Dem onstration Of Emissions Reductions. As a precondition to:

a. The expenditure of any non-exempt federal transportation funds that would be prohibited under a conformity lapse;

b. The construction of any regionally significan t projects that would be prohibited under a conformity lapse;115 c. The execution by the Ida ho Transportation Department or the Ada County Highway District of any project agreements required by 23 U.S.C. Section 106(a) that would be prohibited under a conformity lapse; or

d. The execution of agreements with contract ors to begin construction on a highway project that is not exempt from a conformity determination pursuant to 40 CFR 93.126 and 93.127 during any fiscal year during the interim period, the MPO shall:

i. Demonstrate that the control measures adopted to achieve emissions reductions in prior fiscal years have been implemented a nd will continue to be implemented during the next fiscal year;

ii. Demonstrate that the control measures adopted to achieve emissions reductions have achieved the magnitude of emissions reductions expected as a result of the implementation of such measures;

iii. Adopt (subject to approval by the Department pursuant to Subsection 852.04) control measures adequate to achieve emi ssions reductions reasonably calculated to reduce actual emissions during the next fiscal year in the former nonattainment area by the annual reduction amount, at a mini mum, in addition to any emissions reductions required to be achieved prior to the beginning of such fiscal year; and

iv. With regard to control measures that will not be implemented directly by the MPO, obtain written commitments from the responsible entities that the control measures will be implemented in the manner and within the fiscal year required to

meet the emission reductions.

04. Department Review. Following adoption by the MPO, the control measures designed to

achieve the new emissions reduction s for the next fiscal year, associated emissions calculations, and the demonstrations required by Subsection 582.03 shall be submitted to the Department no later than April 1 of each year. The Department shall review and approve the submission if the Department determines that the requirements of Subsection 582.03 are met in accordance with the following:

a. The Department will respond to the submittal within thirty (30) days of receipt. The response may include approval of the submi ssion, a request for further information, or conditional approval of the contro l measures subject to submissi on of evidence that entities responsible for implementation of the m easures have adopted any ordinances, appropriations or other approvals needed to co mplete the implementation of such measures. If further information is required, such information shall be submitted to the Department within thirty (30) days of re quest. The Department shall take final action to approve or deny the submission within ninety (90) days of the MPO’s submission of the documentation required by Subsection 582.03; and116 b. The Department shall by July 1 of each y ear during the interim period provide to the MPO, the Ada County Highway District Co mmissioners and the Idaho Department of Transportation a report listing the emissions control measures implemented and the emissions control measures planned but not yet implemented for the then-current fiscal year, together with the Department’s written de termination as to whether the Emissions

Reductions associated with such emissions co ntrol measures satisfy the requirements under

Section 582.

05. First Year Emissions Reductions. For the initia l fiscal year to which Section 582 applies, the MPO shall adopt new control measures reasonably calculated to achieve emissions reductions of two thousand (2000) kg/day. The MPO may take credit for any reduction s in transportationrelated emissions of PM-10 that were actually achieved by the implementation of enforceable

control measures or other measures followi ng March 12, 1999, and that continue to be implemented during the interim period.

06. Restrictions if Emissions Reductions Not A dopted. If the MPO adopts control measures for the purpose of achieving emissions reductions in a fiscal year, and the relevant local governmental entities do not adopt the necessa ry implementing ordinances or appropriate necessary funds, if any, by the beginning of the following fiscal year, the MPO shall not expend any non-exempt federal transportation funds or c onstruct any regionally significant projects, that would be prohibited under a conformity lapse, in such following fiscal year until each of the relevant local governmental entitie s, if any, take such actions as may be necessary to implement the control measures previously ap proved by the MPO and the Department.

07. Restrictions on TIP if Emissions Re ductions Not Adopted or Achieved. If:

a. Control measures required to achieve emissions reductions fo r a prior fiscal year have not been implemented, or

b. The Department does not approve the control measures submitted by the MPO as adequate to achieve the required emissions reductions for any fiscal year, then:

i. The MPO shall not submit any TIP or TIP revision for a project subject to the requirements of Subsection 582.03, that w ould be prohibited under a conformity lapse, to the Idaho Transportation Depa rtment for inclusion into the State Transportation Improvement Program or to FHWA/ FTA for approval, and

ii. No new agreement for a project subj ect to the requirement s of Subsection 582.03, that would be prohibited under a conform ity lapse, may be executed by the Idaho Transportation Department or the Ada County Highway District until control measures adequate to achieve the total emissions reductions required for any prior fiscal year are implemented and the control measures adequate to achieve the total

emissions reductions for the next fiscal year are approved.

State Effective: 3/30/01; EPA Effective: 6/11/01

SECTION 58.01.01.600. RULES FOR CONT ROL OF OPEN BURNING117 The purpose of Sections 600 through 623 is to re duce the amount of emissions and minimize the impact of open burning to protec t human health and the environmen t from air pollutants resulting from open burning as well as to reduce the visibi lity impairment in mandatory Class I Federal Areas in accordance with the regional haze l ong-term strategy referenced at Section 667.

State Effective: 4/2/08; EPA Effective: 9/2/08

SECTION 58.01.01.601. FIRE PERMITS, HAZARDOUS MATERIALS AND

LIABILITY Compliance with the provisions of Sections 600 through 623 does not exempt or excuse any person from complying with applicable laws and or dinances of other jurisdictions responsible for

fire control or hazardous material disposal or from liability for damages or injuries which may result from open burning.

State Effective: 4/2/08; EPA Effective: 9/2/08

SECTION 58.01.01.602. NONPREEMPTION OF OTHER JURISDICTIONS The provisions of Sections 600 through 623 are not intended to interfere w ith the rights of any city, county or other governmental entities or agencies to provide equal or more stringent control of open burning within thei r respective jurisdictions.

State Effective: 4/2/08; EPA Effective: 9/2/08

SECTION 58.01.01.603. GENERAL RESTRICTIONS 01. Categories and Materials. No person shall a llow, suffer, cause or permit any open burning operation unless it is a category of open burni ng set forth in Sections 600 through 623 and the materials burned do not include any of the following:

State Effective: 4/2/08; EPA Effective: 9/2/08

a. Garbage, as defined in Section 006.

State Effective: 3/21/03; EPA Effective: 9/2/08

b. Dead animals, animal parts, or animal wa stes (feces, feathers, litter, etc.) except as provided in Section 616.

State Effective: 3/21/03; EPA Effective: 9/2/08

c. Motor vehicles, parts, or any materi als resulting from a salvage operation.

State Effective: 3/21/03; EPA Effective: 9/2/08

d. Tires or other rubber materials or products.

State Effective: 3/21/03; EPA Effective: 9/2/08

e. Plastics.

State Effective: 3/21/03; EPA Effective: 9/2/08

f. Asphalt or composition roofing or any other asphaltic material or product.

State Effective: 3/21/03; EPA Effective: 9/2/08

g. Tar, tar paper, waste or hea vy petroleum products, or paints.

State Effective: 3/21/03; EPA Effective: 9/2/08

h. Lumber or timbers treated with preservatives.118 State Effective: 3/21/03; EPA Effective: 9/2/08

i. Trade waste, as defined in Section 006, ex cept as specifically allowed under Sections 600 through 623.

State Effective: 4/2/08; EPA Effective: 9/2/08

j. Insulated wire.

State Effective: 3/21/03; EPA Effective: 9/2/08

k. Pathogenic wastes.

State Effective: 3/21/03; EPA Effective: 9/2/08

l. Hazardous wastes.

State Effective: 5/1/94; EPA Effective: 9/2/08

02. Air Pollution Episodes. No person shall allow, suffer, cause or permit any open burning to be initiated during any stage of an air pollu tion episode declared by the Department in accordance with Sections 550, through 562.

State Effective: 3/21/03; EPA Effective: 9/2/08

03. Emergency Authority. In accordance with Title 39, Chapter 1, Idaho Code, the Department has the authority to require immediate abatement of any open burning in cases of emergency requiring immediate action to protect human health or safety.

State Effective: 3/21/03; EPA Effective: 9/2/08

SECTION 58.01.01.606. CATEGORIES OF ALLOWABLE BURNING The purpose of Sections 606 through 623 is to es tablish categories of open burning that are allowed when done according to prescribed c onditions. Unless specifically exempted each category in Sections 606 through 62 3 is subject to all of the pr ovisions of Sections 600 through

605.

State Effective: 4/2/08; EPA Effective: 9/2/08

SECTION 58.01.01.607. RECREATIO NAL AND WARMING FIRES Fires used for the preparation of food or for recreational purposes (e.g. campfires, ceremonial fires, and barbecues) or small fires set for handwarming purposes, are allowable forms of open burning.

State Effective: 3/21/03; EPA Effective: 9/2/08

SECTION 58.01.01.608. WEED CONTROL FIRES Open outdoor fires used for the purpose of weed abatement such as along fence lines, canal banks, and ditch banks is an a llowable forms of open burning.

State Effective: 5/1/94; EPA Effective: 9/2/08

SECTION 58.01.01.609. TRAINING FIRES Fires used by qualified personnel to train firefighter s in the methods of fire suppression and fire fighting techniques, or to display certain fire ecology or fire beha vior effects are allowable forms of open burning. Training facilities shall notify the Department prior to igniting any training fires. Training fires shall not be allowed to sm older after the training se ssion has terminated. Training fires are exempt from Subs ections 603.01.c. and 603.01.e. through 603.01.j.119 State Effective: 3/21/03; EPA Effective: 9/2/08

SECTION 58.01.01.610. INDUSTRIAL FLARES Industrial flares, used for the combustion of flammable gases are allowable forms of open burning. Industrial flares are subject to pe rmitting requirements in Sections 200 through 223.

State Effective: 3/21/03; EPA Effective: 9/2/08

SECTION 58.01.01.611. RESIDENTIAL SOLI D WASTE DISPOSAL FIRES

01. Fires Allowed. Open outdoor fires used to dispose of solid waste (e.g. rubbish, tree leaves, yard trimmings, gardening waste, etc.) excl uding garbage produced by the operation of a

domestic household is an allowable form of open burning when the following provisions are met:

a. No scheduled house to house solid wast e collection service is available; and

b. The burning is conducted on the property where the solid waste was generated.

02. Fires Exempt. Open outdoor fires used to dispose of tree leaves, gardening waste or yard trimmings are exempt from Subsection 611.01.a . when conducted in accordance with local governmental ordinances or rules which allow for the open burning of tree leaves, gardening waste or yard trimming during certain periods of the year.

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.612. LANDFILL DISPOSAL SITE FIRES The use of fires for the disposal of solid waste at any solid waste landfill dis posal site or facility is an allowable form of open burning only if conducted in accordance with IDAPA 58.01.06, “Solid Waste Management Rules and Standards” or the Solid Waste Fac ilities Act, Chapter 74, Title 39, Idaho Code.

State Effective: 3/21/03; EPA Effective: 9/2/08

SECTION 58.01.01.613. ORCHARD FIRES The use of heating devices to protect orchard cr ops from frost damage and the use of fires to dispose of orchard clippings ar e allowable forms of open burning when the following provisions

are met:

State Effective: 3/21/03; EPA Effective: 9/2/08

01. Open-Pot Heaters. The use of stackless open-pot heaters is prohibited.

State Effective: 5/1/94; EPA Effective: 9/2/08

02. Heating Device Opacity. Orchard heating device with visible emissions exceeding forty percent (40%) opacity at normal operating cond itions shall not be used. Opacity shall be determined by the procedures contained in Section 625.

State Effective: 3/21/03; EPA Effective: 9/2/08

03. Heating Device Emissions. All heaters purchased afte r September 21, 1970, shall emit no more than one (1.0) gram per minute of solid carbonaceous matter at normal operating conditions as certified by the ma nufacturer. At the time of purchase , the seller sh all certify in writing to the purchaser that all new equipment is in compliance with Section 613.

State Effective: 3/21/03; EPA Effective: 9/2/08120 04. Orchard Clippings. The open burning of orchard cli ppings shall be conducted on the property where the clippi ngs were generated.

State Effective: 5/1/94; EPA Effective: 9/2/08

SECTION 58.01.01.614. PRESCRIBED BURNING The use of open outdoor fires to obtain the objecti ves of prescribed fire management burning is an allowable form of open burning when the provisions of Section 614 are met.

01. Burning Permits Or Prescribed Fire Plans.

a. Whenever a burning permit or prescribed fi re plan is required by the Department of Lands, U.S.D.A. Forest Service, or any other state or federal agency responsible for land management, any person who conducts or allows prescribed burning shall meet all permit and/or plan conditions and terms which control smoke.

b. The Department will seek interagency agreements to assure permits or plans issued by agencies referred to in Subsection 614.01.a . provide adequate consideration for controlling smoke from prescribed burning.

02. Smoke Management Plans For Prescribed Burning.

a. Whenever a permit or plan is not requi red by the Department of Lands, U.S.D.A. Forest Service, or any other state or federa l agency responsible for land management, any person who conducts or allows pr escribed burning shall meet a ll conditions set forth in a Smoke Management Plan for Prescribed Burning.

b. The Department will develop and put into effect a Smoke Management Plan for Prescribed Burning consistent with the purpose of Sections 600 through 616.

03. Rights-Of-Way Fires

. The open burning of woody debris generated during the clearing of rights of way shall be open burned according to Sections 38-101 and 38-401, Id aho Code, IDAPA 20 Title 16 and Sections 606 through 616 of these rules.

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.615. DANGEROUS MATERIAL FIRES Fires used or permitted by a public or military fi re chief to dispose of materials (including military ordnance) which present a danger to life, valuable property or the public welfare, or for the purpose of prevention of a fire hazard when no practical alternative method of disposal or removal is available are allowable forms of open burning.

State Effective: 3/21/03; EPA Effective: 9/2/08

SECTION 58.01.01.616. INFECTIO US WASTE BURNING Upon the order of a public health officer, fires used to dispose of diseased animals or infested material are an allowable form of ope n burning and exempt from Subsection 603.01.k.

State Effective: 3/21/03; EPA Effective: 9/2/08121 SECTION 58.01.01.617. CROP RESIDUE. The open burning of crop residue on fields where the crops were grown is an allowable form of open burning if conducted in accordance with Section 39-114, Idaho Code, and Sections 618 through 624 of these rules.

State Effective: 7/1/11; EPA Effective: 4/18/13

SECTION 58.01.01.618. PERMIT BY RULE. 01. General Requirements. All persons shall be deemed to have a permit by rule if they comply with all the provisi ons of Sections 618 through 623. No person shall conduct an open burn of crop residue without obtaining the appli cable permit by rule. Those persons applying for a spot burn, baled agricultural re sidue burn, or propane flaming permit shall comply with the provisions in Section 624. The pe rmit by rule does not relieve the applicant from obtaining all other required permits and approvals required by other state and local fire agencies or permitting

authorities.

State Effective: 7/1/11; EPA Effective: 4/18/13

02. Forms. The Department shall provide the appropria te forms to complete the permit by rule. Forms may be available at the Department offices or on the Department website.

State Effective: 4/2/08; EPA Effective: 9/2/08

SECTION 58.01.01.619. REGISTRATION FOR PERMIT BY RULE. Any person applying to burn crop residue shall annually provide the following registration information to the Department at least thirty (30) days prior to the date the applicant proposes to

burn:

01. Location of Property. Street address of the property upon which the proposed burning of crop residue will occur or, if there is no street ad dress of the property, the legal description of the property using longitude and latitude coordinate s or township, range and section for the Idaho meridian;

02. Applicant Information. Name, mailing address, and telephone number of the applicant, and the person who will be responsible for conducting the proposed burning of crop residue and the portable form of communication re ferenced in Subsection 622.01.c.;

03. Plot Plan. A plot plan showing the location of each proposed crop residue burning area in relation to the property lines and in dicating the distances and directi ons of the nearest residential, public, and commercial properties, and roads;

04. Type, Acreage and Fuel Characteristics of Crop Residue Proposed to be Burned. The crop type, area over which burning will be conducted (acres), a nd other fuel characteristics;

05. Preventive Measures. A description of the measures that will be taken to prevent escaped

burns or withhold additional material such that the fire burns down, including but not limited to, the availability of water and plowed firebreaks; and122 06. Date of Burning . The requested date(s) when the pr oposed crop residue burning would be conducted or the proposed date the fiel d will be available to be burned.

State Effective: 4/2/08; EPA Effective: 9/2/08

SECTION 58.01.01.620. REGISTRATION FEE

. 01. Payment of Fee. The permit by rule registration fee set out in Section 39-114, Idaho Code, shall be paid in its entirety at least seven (7) days prior to the proposed burn date. See also Subsection 624.02.a. for registration and fee requirements for burning under a spot and baled agricultural residue burn permit. The permit by rule registra tion form and fee should be sent to: Crop Residue Burning Registration Fees

Fiscal Office Idaho Department of Environmental Quality 1410 N. Hilton, Boise, ID 83706-1255

State Effective: 7/1/11; EPA Effective: 4/18/13

02. Effect of Payment. Payment of the registration fee does not imply authorization or approval to burn.

State Effective: 4/2/08; EPA Effective: 9/2/08

SECTION 58.01.01.621. BURN DETERMINATION. 01. Burn Approval Criteria. The Department shal l develop a Crop Residue Operating Guide to use in assisting in the determination of burn a pprovals. The permittee sha ll obtain initial approval from the Department for the proposed burn at leas t twelve (12) hours in advance of the burn. The permittee shall confirm, with the Department, the approval the morning of the proposed burn. The Department may shorten this time frame if meteorological or other applicable conditions change that will impact the air quality during the proposed burn period. To approve a permittee’s request to burn, the Department must determin e that ambient air quality levels do not exceed seventy-five percent (75%) of th e level of any national ambient air quality standards on any day and are not projected to exceed such level over the next twenty-four (24) hours, and ambient air quality levels have not reached, and are not fore casted to reach and persist at, eighty percent (80%) of the one (1) hour action criteria for particulat e matter under Section 556 of these rules. In making this determination, the Department shall consider the following:

a. Expected Emissions. Expected emissions fr om all burns proposed for the same dates;

b. Proximity of Other Burns. The proximity of other burns and ot her potential emission

sources within the area to be affected by the proposed burn;

c. Moisture Content. Moisture content of the material to be burned;

d. Acreage, Crop Type, and Fuel Characte ristics. Acreage, crop type, and fuel characteristics to be burned;

e. Meteorological Conditions . Meteorological conditions;

f. Proximity to Institutions with Sensitive Populations. The proximity of the burn to123 institutions with sensitive popul ations, including public schools while in session; hospitals; residential health care facilities for children, the elderly or infirm; and other institutions with sensitive populations as approve d by the Department. The Depa rtment shall not authorize a

burn if conditions are such that institutions with sensitive populations will be adversely impacted or when the plume is pred icted to impact such institutions;

g. Proximity to Public Roadways. Proximity to public roadways;

h. Proximity to Airports. Pr oximity to airports; and

i. Other Relevant Factors. Any other factors relevant to prev enting exceedances of the air quality concentrations of Section 621.

02. Notification of Approval. If the Department approves th e burn, then it will post on its website written notification of the approval and any specific conditions un der which the burn is approved. Special conditions may in clude, but are not limited to:

a. Conditions for burns near institutions with sensitive populations;

b. The requirement to withhold additional materi al such that the fire burns down if the Department determines pollutant concentra tions reach the levels in Subsection 621.01;

c. Conditions to ensure the burn does not create a hazard for travel on a public roadway;

and

d. The requirement to consult with the Depart ment to determine acti ons to be taken if conditions at the burn site fail to satisfy the c onditions specified in the notice of approval to

burn.

State Effective: 4/2/08; EPA Effective: 9/2/08

SECTION 58.01.01.622. GENERAL PROVISIONS.

01. Burn Provisions. All persons in Idaho intending to dispose of crop resi due through burning shall abide by the following provisions;

a. Burning Prohibitions. Burning of crop resi due shall not be conducted on weekends, federal or state holidays, or af ter sunset or before sunrise:

b. Designated Burn Day. Burning of crop re sidue shall not be conducted unless the Department has designated that day a burn day and the permittee has received individual approval specifying the c onditions under which the burn may be conducted;

c . Portable Form of Communication. The pers on conducting the burning must have on their possession a portable form of communication such as a cellular phone or radio of compatible frequency with the Department in order to receive burn approval information or information that might require measures to with hold additional material such that the fire124 burns down;

d. Location of Field Burning. Open burning of cr op residue shall be c onducted in the field where it was generated:

e. Limitations on Burning. When required by th e conditions of the notice of approval to burn, the permittee burning in proximity to inst itutions with sensitive populations shall immediately extinguish the fire or withhold ad ditional material such that the fire burns down, unless the Department determines that the burn will not have an adverse impact on

such institutions:

f. Training Session. All persons intending to bur n crop residue shall attend a crop residue burning training session provided by the Idaho De partment of Environmental Quality or the Idaho State Department of Agriculture and sh all attend a crop residue disposal refresher training session every five (5) years;

g. Air Stagnation or Degraded Air Quality. All field burning shall be prohibited when the Department issues an air quality forecast and caution, alert, warn ing or emergency as

identified in Section 552 of these rules:

h. Allowable Forms of Open Burning. The use of reburn machines, propane flamers, or other portable devices to ignite or reignite a field for the purposes of crop residue burning shall be considered an allowable form of ope n burning. Tires and other restricted material

described in Section 603.01 are not allowed for ignition of fields:

i. Additional Burn Permits. All persons intending to burn crop residue shall obtain any additional applicable permits from federal, stat e or local fire control authorities prior to receiving approval from the Depart ment to burn crop residue; and

j. Reporting to the Department. All persons burning crop residue shall report to the Department the date burning was conducted, th e actual number and loca tion of acres burned, and other information as required by the Depart ment. The Department may restrict further burning by a permittee until completed burns are reported.

State Effective: 4/2/08; EPA Effective: 9/2/08

k. Specific Conditions. The open burning of crop residue shall be conducted in accordance with the specific conditions in the permittee’s permit by rule.

State Effective: 7/1/11; EPA Effective: 4/18/13

02. Annual Report. The Department shall develop an a nnual report that shall include, at a minimum, an analysis of the causes of each excee dance of a limitation in Section 621, if any, and

an assessment of the circumstances associated wi th any reported endangerment to human health associated with a burn. The repor t shall include any pr oposed revisions to th ese rules or the Crop Residue Operating Guide deemed necessa ry to prevent future exceedances.

03. Advisory Committee. The Department will assemble an advisory committee consisting of125 representatives from environmen tal organizations, farming organi zations, health organizations, tribal organizations, the Idaho State Department of Agricultu re, the Idaho Department of Environmental Quality, and ot hers to discuss open burni ng of crop residue issues.

State Effective: 4/2/08; EPA Effective: 9/2/08

SECTION 58.01.01.623. PUBLIC NOTIFICATION 01. Designation of Burn Days. The Director or his designee shall designate for a given county or airshed within a county burn or no burn days.

State Effective: 4/2/08; EPA Effective: 9/2/08

02. Posting on Website. The Department shall post daily on its website (www.deq.idaho.gov) :
State Effective: 7/1/11; EPA Effective: 4/18/13

a. Whether a given day is a burn or no burn day;

b. The location and number of acres permitted to be burned;

c. Meteorological conditions and any real time ambient air quality monitoring data; and

State Effective: 4/2/08; EPA Effective: 9/2/08

d. A toll free number to receive requests for information (1-800-345-1007)

. State Effective: 7/1/11; EPA Effective: 4/18/13

03. E-Mail Update Service. The Department shall provide an opportunity for interested persons to sign up to receive automatic e-ma il updates for information regarding the open burning of crop residue.

State Effective: 4/2/08; EPA Effective: 9/2/08

624. (RESERVED) SPOT BURN, BALED AGRICULTURAL RESIDUE BURN, AND

PROPANE FLAMING PERMITS. Note: Adoption of Section 624 does not in itself authorize the ope n burning of crop residue in Idaho. Before burning under Section 624 can be conducted, several actions must take place, including development of a revised State Implem entation Plan (SIP) and approval of the SIP by the U.S. Environmental Protection Agency (EPA). Prior to EPA SIP approval, those desiring to conduct spot burns, baled agricultu ral residue burns, or propane flaming must obtain a permit by

rule in accordance with Sections 618 through 623. Contact DEQ before burning.

01. Applicability

.

a. Spot Burn. A spot burn includes no more than one (1) acre of evenly distributed crop residue or two (2) tons of piled crop residue. The open bur ning of weed patches, spots of heavy residue, equipment plugs and dumps, pivot corners of fi elds, and pastures may constitute a spot burn. Spot burn does not include th e open burning of wind rows.

b. Baled Agricultural Residue Burn. An open bur n used to dispose of broken, mildewed, diseased, or otherwise pest-ri dden bales still in the field where they were generated.126 c. Propane Flaming. The use of flame-generating equi pment to briefly apply flame and/or heat to the topsoil of a cultivated field of pre-emerged or plowed-under crop residue with less than five hundred fifty (550) pounds of burnable, non-green re sidue per acre in orde r to control diseases, insects, pests, and weed emergence.

02. Spot and Baled Agricultural Residue Burn Permit

.

a. Registration and Fee Requirements. Any person applying for a spot an d baled agricultural residue burn permit under Secti on 624 shall provide the registration information listed in Subsections 619.01 and 619.02 and pay a nonrefundable fee of twenty dollars ($20) to the Department (see Section 620) at l east fourteen (14) days prior to the date the applicant proposes to conduct the first burn of the calendar year.

b. Term and Acreage. A spot and baled agricultura l residue burn permit is valid for the calendar year in which it is issued and is good for a cumulative total of no more than ten (10) acres of spots and/or equivalent piled or baled agricultural residue du ring the year and no more than one (1) acre of spots and/or equiva lent piled or baled agricultural residue per day. Two (2) tons of piled or baled agricultural re sidue is assumed to be equi valent to one (1) acre.

03. Propane Flaming Permit . Persons conducting propane flam ing as defined under Subsection 624.01.c. shall be deemed to have a permit by rule if they comply with th e applicable provisions

in Subsections 624.04 and 624.05.

04. General Provisions . All persons intending to burn under Section 624 shall comply with the provisions of Subsections 622.01.c., 622.01.d., 622.01.f., through 622.01.i., and 622.01.k. in addition to the following:

a. The permittee is responsible to ensure that ad equate measures are taken so the burn does not create a hazard for travel on a public roadway.

b. Burning is not allowed if the pr oposed burn location is within th ree (3) miles of an institution with a sensitive population and th e surface wind speed is greater than twelve (12) miles per hour or if the smoke is adversely impacting or is exp ected to adversely impact an institution with a sensitive population.

c. Designated Burn Day. Burning shall not be co nducted unless the Department has designated that day a burn day, which for purposes of Sec tion 624 may include weeke nds and holidays, and the permittee burns within the burn window provided on the Department’s website at www.deq.idaho.gov. Spot and baled agriculture resi due burns shall not smolder and create smoke outside of the designated time period burning is allowed.

05. Recordkeeping . Permittees shall record the date, time frame, type of burn, type of crop, and

amount burned on the date of the burn. Records of su ch burns shall be retained for two (2) years

and made available to the Department upon request.

State Effective: 7/1/11; EPA Effective: 4/18/13127 SECTION 58.01.01.625. VISIBLE EMISSIONS A person shall not discharge any air pollutant into the atmosphere from any point of emission for a period or periods aggregating more than thr ee (3) minutes in any sixty (60) minute period which is greater than twenty percent (20%) opacity as determined by this section.

01. Exemptions . The provisions of this se ction shall not apply to:

State Effective: 4/5/00; Effective: 9/2/08

a. Kraft Process Lime Kilns, if ope rating prior to January 24, 1969; or

b. Carbon Monoxide Flare Pits on Elemental Phosphorous Furnaces, if operating prior to January 24, 1969; or

c. Liquid Phosphorous Loading Operations, if operating prior to January 24, 1969; or

d. Wigwam Burners; or

e. Kraft Process Recovery Furnaces.

f. Calcining Operations Utilizing an Electrost atic Precipitator to Control Emissions, if operating prior to January 24, 1969.

State Effective: 5/1/94; EPA Effective: 9/2/08

02. Standards For Exempted Sources. Except as provided in Section 626, for sources exempted from the provisions of this section, a person shall not discharge into the atmosphere from any point of emission, for any air pollutant for a period or periods aggregating more than three (3) minutes in any sixty (60) minute period which is grea ter than forty percent (40%) opacity as determined by this section.

03. Exception. The provisions of this sec tion shall not apply when th e presence of uncombined water, nitrogen oxides and/or chlo rine gas are the only reason(s) for the failure of the emission to comply with the requirements of this rule.

04. Test Methods And Procedures. The appropriate test method unde r this section shall be EPA Method 9 (contained in 40 CF R Part 60) with the method of calculating opacity

exceedances altered as follows:

a. Opacity evaluations shall be conducted usi ng forms available from the Department or similar forms approved by the Department.

b. Opacity shall be determined by counting the nu mber of readings in excess of the percent opacity limitation, dividing this number by four (4) (each reading is deemed to represent fifteen (15) seconds) to find the number of minutes in excess of the percent opacity

limitation. This method is described in the Pr ocedures Manual for Air Pollution Control, Section II (Evaluation of Visible Emissions Manual), September 1986.128 c. Sources subject to New Source Performance St andards must calculate opacity as detailed above and as specified in 40 CFR Part 60.

State Effective: 4/5/00; Effective: 9/2/08

05. Applicability. Section 625 shall not apply to th e open burning of crop residue.

State Effective: 4/2/08; EPA Effective: 9/2/08

SECTION 58.01.01.626. GENERAL RESTRICTIONS ON VISIBLE EMISSIONS FROM

WIGWAM BURNERS Except for a period of one (1) hour following star t up a person shall no t discharge into the atmosphere from any wigwam burner any air pollu tant for a period or pe riods aggregating more than three (3) minutes in any si xty (60) minute period which is gr eater than twenty percent (20%) opacity as determined by the proc edures contained in Section 625.

State Effective: 4/5/00, EPA Effective: 2/18/2003

SECTION 58.01.01.650. RULES FOR CO NTROL OF FUGITIVE DUST The purpose of Sections 650 through 651 is to requir e that all reasonable pr ecautions be taken to prevent the generation of fugitive dust.

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.651. GENERAL RULES All reasonable precautions shall be taken to prevent particul ate matter from becoming airborne. In determining what is reasonable, consideration will be given to factors such as the proximity of dust emitting operations to human habitations and/or activities, the proximity to mandatory Class I Federal Areas and atmospheric conditions whic h might affect the movement of particulate matter. Some of the reasonable precautions may include, but are not limite d to, the following: (3-30-07)

State Effective: 3/30/07; EPA Effective: 7/11/2011

01. Use of Water or Chemicals . Use, where practical, of water or chemicals for control of dust in the demolition of existing buildings or stru ctures, construction oper ations, the grading of roads, or the clearing of land. (5-1-94)

02. Application of Dust Suppressants . Application, where practical, of asphalt, oil, water or suitable chemicals to, or covering of dirt roads, material stockpiles, and other surfaces which can create dust. (5-1-94)

03. Use of Control Equipment . Installation and use, where practical, of hoods, fans and fabric filters or equivalent systems to enclose and vent the handling of dusty materials. Adequate containment methods should be employed during sandblasting or other op erations. (5-1-94)

04. Covering of Trucks . Covering, when practical, open bodi ed trucks transporting materials likely to give rise to airborne dusts. (5-1-94)

05. Paving . Paving of roadways and their maintenance in a clean condition, where practical. (5- 1-94)129 06. Removal of Materials . Prompt removal of earth or other st ored material from streets, where practical. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.665. REGIONAL HAZE RULES. The purpose of Sections 665 through 668 is to addr ess regional haze visibility impairment in mandatory Class I Federal Areas. The intent of Sections 665 through 66 8 is to set forth the requirements to implement the federal programs for visibility protec tion and regional haze.

State Effective: 3/30/07,EPA Effective:7/11/2011

SECTION 58.01.01.666. REASONABLE PROGRESS GOALS. The Department will establish reasonable pr ogress goals, expressed in deciviews for each mandatory Class I Federal Area located within Idaho. These goals will provide for reasonable progress toward achieving natura l visibility conditions. The r easonable progress goals must provide for an improvement in visibility for the most impaired days over the period of the implementation plan and ensure no degradation in visibility for the least impaired days over the same period. The reasonable progress goals are not directly enforceable, but will be implemented through enforceable strategies in the long-term strategy. (3-30-07)

01. Process for Setting Reasonable Progress Goals. In establishing a re asonable progress goal for any mandatory Class I Federal Ar ea within Idaho, the Department sh all: (3-30-07)

a. Consider the costs of compliance, the time necessary for compliance, the energy and nonair quality environmental impacts of complia nce, and the remaining useful life of any potentially affected sources, and include a demonstration sh owing how these factors were

taken into consideration in selecting the goal. (3-30-07)

b. Analyze and determine the rate of progress ne eded to attain natural visibility conditions by the year 2064. To calculate this rate of pr ogress, the Department will compare baseline visibility conditions to natural visibility c onditions in the mandatory Class 1 Federal Area and determine the uniform rate of visibility improvement (measured in deciviews) that would need to be maintained during each impl ementation period in orde r to attain natural visibility conditions by 2064. In establishing th e reasonable progress, the Department will consider the uniform rate of improvement in visibility and the emission reduction measures needed to achieve it for the period cove red by the implementation plan. (3-30-07)

c. Consult with those states which may reasonabl y be anticipated to cause or contribute to visibility impairment in the mandato ry Class I Federal Area. (3-30-07)

02. Justification for Reasonable Progress Goals. If the Department establishes a reasonable progress goal that provides for a slower rate of im provement in visibility than the rate that would be needed to attain natural conditions by 2064, th e Department will demonstrate, based on the factors in Subsection 666.01.a., that the rate of progress for the implementation plan to attain natural conditions by 2064 is not reasonable; and that the progress goal adopted by the Department is reasonable. The Department will pr ovide to the public for review, as part of its implementation plan, an assessment of the number of years it would take to attain natural130 conditions if visibility improvement continues at the rate of progress selected by the Department as reasonable. (3-30-07)

SECTION 58.01.01.667. LONG-TERM STRA TEGY FOR REGIONAL HAZE. The purpose of Section 667 is to develop a long -term strategy for maki ng reasonable progress toward the national goal of preventing any futu re and remedying any existing impairment of visibility in mandatory Class I Federal Areas in which impairment results from man-made air pollution. (3-30-07)

01. Submittal of Long-Term Strategy . The Department will submit to EPA a long-term strategy that addresses regional haze visibility impairment for each mandatory Class I Federal Area within the state and for each mandatory Class I Federal Area located outside the state which may be affected by emissions from the state. (3-30-07)

02. Enforceable Emission Limitations

. The long-term strategy must include enforceable emissions limitations, compliance schedules, and other measures as necessary to achieve the reasonable progress goals establis hed by the Department. (3-30-07)

03. Requirements for Long-Term Strategy . In establishing long-term strategy for regional haze, the Department will meet the following requirements: (3-30-07)

a. The Department will documen t the technical basis, includ ing modeling, monitoring and emissions information, on which the state is relying to determine its apportionment of emission reduction obligations necessary fo r achieving reasonable progress in each mandatory Class I Federal Area it affects. Th e Department may meet this requirement by relying on technical analyses developed by the regional plan ning organizati on and approved by all state participants. The Department w ill identify the baseline emission inventory on which its strategies are based. Th e baseline emissions inventory year is presumed to be the most recent year of the consolidated pe riodic emissions inventory. (3-30-07)

b. The Department will identify all anthropoge nic sources of visibility impairment considered by the Department in developing its long-term strategy. The Department should consider major and minor stationary sources, mobile sources, and area sources. (3-30-07)

c. The Department will consider, at a minimum, the following factors in developing its longterm strategy: (3-30-07)

i. Emission reductions due to ongoing ai r pollution control programs, including measures to address reasonably attributable visibility impairment; (3-30-07)

ii. Measures to mitigate the impacts of construction activities; (3-30-07)

iii. Emissions limitations and schedules for compliance to achieve the reasonable progress goal; (3-30-07)131 iv. Source retirement replacem ent schedules; (3-30-07)

v. Smoke management techniques for agricu ltural and forestry management purposes including plans as currently exist with the state for these purposes; (3-30-07)

vi. Enforceability of emissions limitati ons and control meas ures; and (3-30-07)

vii. The anticipated net effect on visibility due to projected changes in point, area, and mobile source emissions over the period addressed by the long-term strategy. (3-30- 07)

04. Interstate Consultation . The Department will undertake the following process in developing the long-term strategy where inters tate consultation is required. (3-30-07)

a. Where Idaho has emissions that are reasonably anticipated to contri bute to visibility impairment in any mandatory Class I Federal Area located in another state or states, the Department will consult with the other state( s) in order to develop coordinated emission management strategies. (3-30-07)

b. The Department will consult with any other state having emissions that are reasonably anticipated to contribute to visibility impair ment in any mandatory Class I Federal Area within Idaho. (3-30-07)

c. Where other states cause or contribute to impa irment in a mandatory Class I Federal Area, the Department must demonstrate that the stat e has included in its implementation plan all measures necessary to obtain its share of the emission reductions needed to meet the progress goal for the area. If the state of Id aho has participated in a regional planning process, the Department must ensure the stat e has included all measures needed to achieve its apportionment of emission re duction obligations agreed upon through that process. (3- 30-07)

SECTION 58.01.01.668. BART REQUIREM ENT FOR REGIONAL HAZE. The purpose of Section 668 is to implement th e BART requirements in 40 CFR 51.308(e). The following analysis and documentation is requir ed for each BART-eligible source: (3-30-07)

01. BART-Eligible Sources . The Department shall identify a li st of all BART-eligible sources within the state. (3-30-07)

02. BART Determination . The Department shall complete a determination of BART for each BART-eligible source in the state that emits any air pollutant which may reasonably be anticipated to cause or contribut e to any impairment of visibi lity in any mandatory Class 1

Federal Area. All such sources ar e subject to BART. (3-30-07)

a. A single source that is responsible for a one (1.0) deciview change or more in any mandatory Class I Federal Area is considered to “cause” visibility impairment. (3-30-07)132 b. A single source that is responsible for a one-h alf (0.5) deciview change or more in any mandatory Class I Federal Area is considered to “contribute” to visibility impairment. (3- 30-07)

c. The determination of BART must be based on an analysis of the best system of

continuous emission control te chnology available and associ ated emission reductions achievable for each BART-eligible source that is subject to BART within the state. In this analysis, the following must be take n into consideration: (3-30-07)

i. Costs of compliance; (3-30-07)

ii. Energy and non-air quality environmen tal impacts of compliance; (3-30-07)

iii. Any pollution control equipment in use at the source; (3-30-07)

iv. The remaining useful life of the source; and (3-30-07)

v. The degree of improvement in visibility which may reasonably be anticipated to result from the use of such technology. (3-30-07)

d. The Department may determine that a BART determination is not required: (3-30-07)

i. For sulfur dioxide (SO 2 ) or for nitrogen oxides (NO

x ) if a BART-eligible source has the potential to emit less than forty (40) t ons per year of such pollutant(s); or (3-30- 07)

ii. For PM10 if a BART-eligible source emits less than fifteen (15) tons per year of such pollutant. (3-30-07)

03. Alternative to Infeasib le Emission Standards . If the Department determines in establishing BART that technological or economic limita tions on the applicabili ty of measurement methodology to a particular source would ma ke the imposition of an emission standard infeasible, it may instead prescribe a design, e quipment, work practice, or other operational standard, or combination thereof, to require th e application of BART. Such standard, to the degree possible, is to set forth the emission reduction to be achieved by implementation of such design, equipment, work practice, or operation and must provide for compliance by means which achieve equivalent re sults. (3-30-07)

04. BART Installation and Operation Due Date . Each source subject to BART is required to install and operate BART as expeditiously as prac ticable, but in no event later than five (5) years after approval of the impl ementation plan. (3-30-07)

05. Maintenance of BART Equipment . Each source subject to BART is required to maintain the control equipment required by the Department and establish procedures to ensure such133 equipment is properly operated and maintained. (3-30-07)

06. BART Alternative . As an alternative to the installation of BART for a source or sources, the Department may approve a BART alternative. If the Department approves source grouping as a BART alternative, only sources (including BA RT-eligible and non-BART eligible sources) causing or contributing to visibi lity impairment to the same mandatory Class I Federal Area may be grouped together. (3-30-07)

a. If a source(s) proposes a BART altern ative, the resultant emissions reduction and visibility impacts must be compared with t hose that would result from the BART options evaluated for the source(s). (3-30-07)

b. Source(s) proposing a BART alternative must demonstrate that th is BART alternative will achieve greater reasonable progress than would be achieved through the installation and operation of BART. (3-30-07)

c. Source(s) proposing a BART alternative shall include in the BART an alysis an analysis and justification of the averaging period a nd method of evaluating compliance with the proposed emission limitation. (3-30-07)

07. Reasonable Progress Goal Requirements for BART-Eligible Sources . Once the Department has met the requirements for BART or BART alternative, as identified in Subsection 668.06, BART-eligible sources will be subject to the requirements of reasonable progress goals, as defined in 40 CFR 51.308(d), in the sa me manner as other sources. (3-30-07)

State Effective: 3/30/07; EPA Effective: 7/11/2011

SECTION 58.01.01.675. FUEL BURNING EQUI PMENT -- PARTICULATE MATTER The purpose of Sections 675 through 681 is to esta blish particulate matter emission standards for fuel burning equipment.

State Effective: 4/5/00, EPA Effective: 2/18/2003

SECTION 58.01.01.676. STANDARDS FOR NEW SOURCES A person shall not discharge into the atmosphe re from any fuel burning equipment with a maximum rated input of ten (10) million BTU' s per hour or more, and commencing operation on or after October 1, 1979, particul ate matter in excess of the c oncentrations shown in the following table:

FUEL TYPE ALLOWABLE Particulate gr/dscf EMISSIONS Oxygen

Gas .015 3% Liquid .050 3%

Coal .050 8%

Wood Product .080 8%

The effluent gas volume shall be corr ected to the oxygen c oncentration shown.

State Effective: 5/1/94; EPA Effective: 2/18/2003134 SECTION 58.01.01.677. STANDARDS FOR MINOR AND EXISTING SOURCES A person shall not discharge into the atmosphere from any fuel burning equipment in operation prior to October 1, 1979, or with a maximum rate d input of less than ten (10) million BTU per hour, particulate matter in excess of the con centrations shown in the following table:

FUEL TYPE ALLOWABLE Particulate gr/dscf EMISSIONS Oxygen

Gas .015 3% Liquid .050 3%

Coal .100 8%

Wood Product .200 8% The effluent gas volume shall be corr ected to the oxygen c oncentration shown.

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.678. COMBINATIONS OF FUELS When two (2) or more types of fuel are burne d concurrently, the allo wable emission shall be determined by proportioning the gross heat input and emission standards for each fuel.

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.679. AVERAGING PERIOD For purposes of Sections 675 through 680, emissi ons shall be averaged according to the following, whichever is the lesse r period of time: (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

01. One Cycle . One (1) complete cycle of operation; or (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

02. One Hour . One (1) hour of operation representing wo rst-case conditions for the emission of particulate matter.

State Effective: 4/11/2006; EPA Effective: 12/27/2010

SECTION 58.01.01.680. ALTITUDE CORRECTION For purposes of Sections 675 through 680, standard conditions shall be adju sted for the altitude of the source by subtracting one-tenth (0.10) of an inch of mercury for each one hundred (100) feet above sea level from the standard atmosphe ric pressure at sea le vel of twenty-nine and ninety-two one hundredths (29.92) inches of mercury.

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.681. TEST METHODS AND PROCEDURES The appropriate test method under Sections 675 through 680 shall be EPA Method 5 contained in 40 CFR Part 60 or such comparable and equivalent method approved in accordance with Subsection 157.02.d. Test methods and procedures shall also comply with Section 157.

State Effective: 4/5/00; EPA Effective: 2/18/2003

SECTION 58.01.01.700. PARTICULATE MA TTER -- PROCESS WEIGHT

LIMITATIONS

01. Particulate Matter Emission Limitations. Th e purpose of Sections 700 through 703 is to135 establish particulate matter emission li mitations for process equipment.

State Effective: 5/3/2003; EPA Effective: 12/27/2010

02. Minimum Allowable Emission . Notwithstanding the provision s of Sections 701 and 702, no source shall be required to meet an emission limit of less than one (1) pound per hour. (4-5- 00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

03. Averaging Period . For the purposes of Sections 701 through 703, emissions shall be averaged according to the following, whicheve r is the lesser period of time: (4-5-00)

a. One (1) complete cycle of operation; or (4-5-00)

b. One (1) hour of operation representing worst-case conditions for the emissions of particulate matter. (4-5-00)

State Effective: 4/5/00; EPA Effective: 2/18/2003

04. Test Methods And Procedures . The appropriate test method under Sections 700 thought

703 shall be EPA Method 5 contained in 40 CFR Pa rt 60 or such comparable and equivalent methods approved in accordance with Subsection 157.02.d. Test methods and procedures shall comply with Section 157.

State Effective: 4/4/2000; EPA Effective: 2/18/2003

SECTION 58.01.01.701. PARTICULATE MATT ER -- NEW EQUIPMENT PROCESS

WEIGHT LIMITATIONS

01. General Restrictions . No person shall emit into the atmos phere from any process or process equipment commencing operation on or after Oct ober 1, 1979, particulate ma tter in excess of the amount shown by the following equations, where E is the allowable emission from the entire source in pounds per hour, and PW is th e process weight in pounds per hour.

a. If PW is less than 9,250 pounds per hour, E = 0.045(PW) 0.60

b. If PW is equal to or greater than 9,250 pounds per hour, E = 1.10(PW) 0.25

02. Exemption . The provisions of Section 701 shall no t apply to fuel burning equipment.

03. Emission Standards -- Table . The following table illustra tes the emission standards set

forth in Section 701.

PROCESS

WEIGHT ALLOWABLE

EMISSIONS FROM

ENTIRE SOURCE PROCESS

WEIGHT EMISSIONS FROM

ENTIRE SOURCE

lb/hr lb/hr lb/hr lb/hr

175 or less 1 20,000 13.08

200 1.08 40,000 15.56136 400 1.64 60,000 17.22

600 2.09 80,000 18.50

800 2.40 100,000 19.56
1,000 2.84 200,000 23.26
2,000 4.30 400,000 27.66
4,000 6.52 600,000 30.61
6,000 8.32 800,000 32.90
8,000 9.89 1,000,000 34.79
10,000 11.00 2,000,000 41.37

State Effective: 4/5/00; EPA Effective: 2/18/2003

SECTION 58.01.01.702. PARTICULATE MATTER -- EXISTING EQUIPMENT

PROCESS WEIGHT LIMITATIONS The provisions of Section 702 shall become effective on January 1, 1981. (4-5-00)

01. General Restrictions . No person shall emit into the atmosphere from any process or process equipment operating prior to October 1, 1979, part iculate matter in excess of the amount shown by the following equations, where E is the allowable emission from the entire source in pounds per hour, and PW is the process we ight in pounds per hour: (4-5-00)

a. If PW is less than 17,000 pounds per hour, E = 0.045 (PW) 0.60 (4-5-00)

b. If PW is equal to or greater than 17,000 pounds per hour, E = 1.12 (PW) 0.27 . (4-5-00)

02. Exemptions . The provisions of Section 702 shall not apply to: (4-5-00)

a. Fuel burning equipment; or (5-1-94)

b. Equipment used exclusively to dehydrate sugar beet pulp or alfalfa. (5-1-94)

03. Emission Standards -- Table . The following table illustrate s the emission standards set

forth in Section 702.

PROCESS

WEIGHT EMISSIONS FROM

ENTIRE SOURCE PROCESS

WEIGHT EMISSIONS FROM

ENTIRE SOURCE

lb/hr lb/hr lb/hr lb/hr

175 or less 1 20,000 16.24

200 1.08 40,000 19.58

400 1.64 60,000 21.84

600 2.09 80,000 23.61

800 2.48 100,000 25.07
1,000 2.84 200,000 30.23137 2,000 4.30 400,000 36.46
4,000 6.52 600,000 40.67
6,000 8.32 800,000 43.96
8,000 9.89 1,000,000 46.69
10,000 11.30 2,000,000 56.30 (4-5-00 )

State Effective: 4/5/00; EPA Effective: 2/18/2003

SECTION 58.01.01.703. PARTICULATE MATTER -- OTHER PROCESSES

01. Other Processes . No person with processes exem pt under Subsection 702.02.b. shall emit particulate matter to the atmosphere from any process or process equipment in excess of the amount shown in the following equations, where E is the total rate of emission from all emission points from the source in pounds per hour and P is the process weight ra te in pounds per hour.

a. If P is less than sixty thousand (60,000) pounds per hour, E = 0.02518(P) 0.67

b. If P is greater than or equal to sixty thousand (60,000) pounds per hour, E = 23.84(P) 0.11 - 40

02. Emission Standards -- Table . The following table illustra tes the emission standards set

forth in Section 703.

ALLOWABLE RATE OF EMISSION BA SED ON PROCESS WEIGHT RATE

Process Weight

Rate Rate of Emission Process Weight

Rate Rate of

Emission

Lb/Hr Lb/Hr Lb/Hr Lb/Hr

100 0.551 16,000 16.5

200 0.877 18,000 17.9

400 1.40 20,000 19.2

600 1.83 30,000 25.2

800 2.22 40,000 30.5
1,000 2.58 50,000 35.4
1,500 3.38 60,000 40.0
2,000 4.10 70,000 41.3
2,500 4.76 80,000 42.5
3,000 5.38 90,000 43.6
3,500 5.96 100,000 44.6
4,000 6.52 120,000 46.3
5,000 7.58 140,000 47.8
6,000 8.56 160,000 49.0
7,000 9.49 200,000 51.2
8,000 10.4 1,000,000 69.0138 9,000 11.2 2,000,000 77.6
10,000 12.0 6,000,000 92.7
12,000 13.6

State Effective: 4/5/00, EPA Effective: 2/18/2003

SECTION 58.01.01.725. RULES FOR SU LFUR CONTENT OF FUELS This section applies to fuel burning sources in Idaho. Its purpose is to prevent excessive ground

level concentrations of sulfur dioxide. The reference test me thod for measuring fuel sulfur content shall be ASTM method, D129-95 Standard Test for Su lfur in Petroleum Products (General Bomb Method) or such comparable and equivalent method approved in accordance with Subsection 157.02.d. Test methods and proc edures shall comply with Section 157.

State Effective:5/8/2009; EPA Effective: 12/27/2010

01. Definitions.

State Effective:5/8/2009; EPA Effective: 12/27/2010

a. ASTM . American Society for Te sting and Materials.

State Effective: 5/1/94; EPA Effective: 2/18/2003

b. Distillate Fuel Oil . Any oil meeting the spec ifications of ASTM Grade 1 or Grade 2 fuel

oils.

State Effective: 5/1/94; EPA Effective: 2/18/2003

c. Residual Fuel Oil . Any oil meeting the specificati ons of ASTM Grade 4, Grade 5 and

Grade 6 fuel oils.

State Effective: 5/1/94; EPA Effective: 2/18/2003

02. Residual Fuel Oils . No person shall sell, distribute, us e or make available for use, any residual fuel oil containing more than one and th ree-fourths percent (1.75 %) sulfur by weight.

State Effective:5/8/2009; EPA Effective: 12/27/2010

03. Distillate Fuel Oil . No person shall sell, distribute, us e or make available for use, any

distillate fuel oil contai ning more than the following percentages of sulfur:

a. ASTM Grade 1 . ASTM Grade 1 fuel oil - zero poi nt three percent (0.3%) by weight.

b. ASTM Grade 2 . ASTM Grade 2 fuel oil - zero point five percent (0.5%) by weight.

State Effective:5/8/2009, EPA Effective: 12/27/2010

04. Coal . No person shall sell, distribute, use or ma ke available for use, any coal containing greater than one percent (1.0%) sulfur by weight.

State Effective:5/8/2009, EPA Effective: 12/27/2010

SECTION 58.01.01.785. RULES FOR CO NTROL OF INCINERATORS The purpose of Sections 785 through 788 is to prev ent excessive emissions of particulate matter

from incinerators.

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.786. EMISSION LIMITS139 01. General Restrictions . No person shall allow, suffer, cause or permit any incinerator to discharge more than two-tenths (0.2) pounds of particulates per one hundred (100) pounds of

refuse burned.

02. Averaging Period . For the purposes of Section 786, emi ssions shall be averaged according to the following, whichever is the lesser period of time:

a. One (1) complete cycle of operation; or b. One (1) hour of operation representing worst-case conditions for the emissions of particulate matter.

03. Test Methods And Procedures . The appropriate test method under Sections 785 thought

788 shall be EPA Method 5 contained in 40 CFR Pa rt 60 or such comparable and equivalent methods approved in accordance with Subsection 157.02.d. Test methods and procedures shall comply with Section 157.

State Effective: 4/5/00; EPA Effective: 2/18/2003

SECTION 58.01.01.787. EXCEPTIONS Sections 785 and 786 do not apply to wigwam burners.

State Effective: 3/23/98; EPA Effective: 2/18/2003

SECTION 58.01.01.805. RULES FOR CONTROL OF HOT-MIX ASPHALT PLANTS The purpose of Sections 805 through 808 is to estab lish for hot-mix asphalt plants restrictions on the emission of particulate matter.

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.806. EMISSION LIMITS No person shall cause, allow or permit a hot-mix asphalt plant to have particulate emissions which exceed the limits specified in Sections 700 through 703.

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.807. MULTIPLE STACKS In the case of more than one (1) stack to a hot-mix asphalt plant, the emission limitation will be

based on the total emission from all stacks.

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.808. FUGITIVE DUST CONTROL 01. Fugitive Emission Controls . No person shall cause, allow or permit a plant to operate that is not equipped with an efficient fugitive dust control system. The system shall be operated and maintained in such a manner as to satisfactorily control the emission of particulate material from any point other than the stack outlet.

02. Plant Property Dust Controls . The owner or operator of the plant shall maintain fugitive dust control of the plant premises and plant ow ned, leased or controlle d access roads by paving,

oil treatment or other suitable measures. Good operating practices, includ ing water spraying or other suitable measures, shall be employed to prevent dust generation and atmospheric entrainment during operations such as stockpili ng, screen changing a nd general maintenance.140 State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.815. RULES FOR CONTRO L OF KRAFT PULPING MILLS The purpose of Sections 815 through 826 is to es tablish for kraft pulping mills restrictions additional to the general rules presented in this Chapter; to formulate a schedule for compliance with the restrictions; and to fo rmalize the policy of the Department concerning emissions control from kraft pulping mills.

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.816. STATEMENT OF POLICY It is hereby declared to be th e policy of the Department to:

01. Best Treatment And Control . Require, in accordance with a specific program and timetable, the highest and best practicable tr eatment and control of emissions through the utilization of technically feasible equipment, devices and procedures.

02. Monitoring . Require effective monitoring and reportin g of emissions and reporting of other data pertinent to air quality or emissions. The Department will use these data in conjunction with

other data on ambient air and local conditions to develop and revise em ission standards and air quality standards as necessary, and to determine compliance therewith.

03. Research . Encourage and assist the kraft pulp ing industry to conduct research and technological development designed to progr essively reduce emissions in accordance with specific programs, objectives and time schedules.

04. Available Technology Required . Establish standards deemed to be technically feasible and reasonably attainable, with th e intent of revising the standards as necessary when new information and technology are developed.

05. New Source Standards . Establish more restrictive standards for new mills or for mills expanding existing facilities.

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.817. GENERAL RULES

All emission standards in Secti ons 818 through 823 are based on average daily emissions. These limitations do not preclude a requirement to insta ll the highest and best pr acticable treatment and

control available.

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.821. RECOVERY FURNAC E PARTICULATE STANDARDS The emission of particulate matter from all reco very furnace stacks shall not exceed four (4) pounds per ton of equivalent air-dried kraft pulp. Compliance with this requirement shall be achieved by not later than July, 1975.

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.822. LIME KILN STANDARDS The emission of particulate matter from all lime kilns shall not exceed one (1) pound per ton ofPage 141 equivalent air-dried kraft pulp. Compliance with this requirement shall be achieved by not later than July, 1975.

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.823. SMELT TANK STANDARDS The emission of particulate material from all smelt tanks shall not exceed one-half (1⁄2) pound per ton of equivalent air-dr ied kraft pulp. Compliance with this requirement shall be achieved by not later than July, 1972.

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.824. MONITORI NG AND REPORTING

02. Particulate Sampling . Each mill shall sample the recove ry furnace, lime kiln, and smelt tank for particulate emissions on a regularly sc heduled basis in accordance with its sampling program as approved by the Department. Th e appropriate test method under Sections 821 through 823 shall be EPA Method 5 contained in 40 CFR Part 60 or such comparable and equivalent method approved in accordance with Subsection 157.02.d. Test methods and procedures shall also comply with Section 157. (4-5-00)

03. Monitoring Program And Time Schedule Submittal . Each mill shall submit within sixty (60) days after the original effective date of Sections 815 through 826 a detailed monitoring program and time schedule for approval by the Department. The equipment shall be ordered within thirty (30) days after the monitori ng program has been approved in writing by the Department. The equipment shall be placed in effective operation in accordance with the approved program within ninety (9 0) days after delivery. (5-1-94)

04. Quarterly Reporting Requirements . Unless otherwise authorized by the Department, data shall be reported by each mill at the end of each calendar quarter, as follows: (4-5-00)

a. Daily average emission of TRS gases expressed in parts per million on a dry gas basis for each source included in the approve d monitoring program. (5-1-94)

b. The number of hours each day that the em ission of TRS gases from each recovery

furnace stack exceeds emission standards and th e maximum concentration of TRS measured each day. (5-1-94)

c. Emission of TRS gases in pounds of sulfur pe r equivalent air-dried ton of pulp processed in the kraft cycle on a quarterly basis for each source included in the approved monitoring program. (4-5-00)

d. Emission of particulates in pounds per equi valent air-dried ton of pulp produced in the kraft cycle based upon sampling conducted in accordance with the approved monitoring program. (5-1-94)

e. Average daily equivalent kraft pulp production in air-dried tons. (5-1-94)Page 142 f. Other emission data as specified in th e approved monitoring program. (5-1-94)

05. Semi-Annual Reporting Requirements . Unless otherwise authorized by the Department, excess emissions data for emissions units covered by Section 820 shall be reported by each mill at the end of each semi- annual calendar period, as follows: (4-5-00)

a. Excess emissions for the semi-annual re port required by Subs ection 824.05 shall be defined as periods during which noncondensible s are not treated as required by Section 820. Periods of excess emissions reported under S ubsection 824.05 shall not be a violation under Section 820 provided that the time of excess emissions (excluding periods of startup, shutdown, or malfunction) divided by the to tal process operating time in a semi-annual period does not exceed one percent (1%). (4-5-00)

b. The total duration of excess emissions durin g the reporting period (recorded in hours). (4-5-00)

c. The total duration of excess emissions e xpressed as a percent of the total source operating time during that repo rting period, and (4-5-00)

d. A breakdown of the total duration of ex cess emissions during the reporting period into those that are due to startup/shutdown, contro l equipment problems, process problems, other known causes, and other unknown causes. (4-5-00)

06. Miscellaneous Reports . Each kraft mill shall furnish, upon request of the Department, such other pertinent data as the Department may require to evaluate the mill’s emission control program. Each mill shall immediately report abno rmal mill operations which result in increased emissions of air pollutants, following procedures set forth in the approved monitoring program. (5-1-94)

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.825. SPECIAL STUDIES Special studies, having prior approval of the De partment, shall be conducted, and the results thereof submitted to the Department by December, 1972.

01. Areas To Be Included . The studies shall cover the following areas:

a. TRS Emissions. Evaluation of the emissions of TRS from all other sources within the mill. Other sources mean sources of odorous sulfur emissions including, but not limited to, vents from lime kilns, knotters, brown stock pulp washers, multiple-effect evaporators, digesters, blow tanks, smelt tanks, blow heat accumulators, black liquor storage, black liquor oxidation systems, tall oil recovery operations, and any operation connected with the handling of condensate liquids within the m ill or any vent which may be a significant contributor of odorous gases.

b. Sulfur Dioxide Emissions. Evaluation of the emissions of sulfur dioxide from all sources within the mill, including but not necessarily limited to, the recovery furnace, lime kiln, andPage 143 power boilers.

c. Water Vapor. Evaluation of water vapor emi ssions from all sources within the mill.

02. Additional Studies . The Department may require such additional special studies relevant to air pollution and es tablish completion dates as necessary.

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.826. EXCEPTIONS

The emission limits established under Sections 8 17 through 823 apply to the specific process as described. These emission limits do not apply to op en burning, power boilers, or other operations conducted at the site of or ancillary to the kr aft pulp mill operation. Such ancillary operations must meet standards established in this chapter.

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.845. RULES FOR CONTROL OF SULFUR OXIDE EMISSIONS

FROM SULFURIC ACID PLANTS. The purpose of Sections 845 through 848 is to establish su lfur oxide emission limits for sulfuric acid plants using elemental sulfur for the production of sulfuric acid.

State Effective: 5/1/94; EPA Effective: 2/18/2003

SECTION 58.01.01.846. EMISSION LIMITS

01. General Restrictions . No person shall allow, suffer, cause or permit the operation of any sulfuric acid plant which emits sulfur oxides into the atmosphere in excess of twenty-eight (28) lbs/ton of one hundred percent (100%) sulfuric acid produced.

02. Averaging Period . For the purposes of Section 846, emi ssions shall be averaged according to the following, whichever is the lesser period of time:

a. One (1) complete cycle of operation; or

b. Three (3) hours of operation representing worst-case conditions for the emissions of

sulfur oxide.

State Effective: 4/5/00; EPA Effective: 2/18/2003

SECTION 58.01.01.847. MONITORING AND TESTING The appropriate test method under Sections 845 thought 848 shall be EPA Method 8 contained in 40 CFR Part 60 or such comparable and equiva lent methods approved in accordance with Subsection 157.02.d. Test methods and proce dures shall comply with Section 157.

State Effective:4/5/00; EPA Effective: 2/18/2003

SECTION 58.01.01.848. COMPLIANCE SCHEDULE Any owner or operator of a source subject to Sections 845 through 848 shall no later than December 31, 1972, submit to the Department a proposed Compliance Schedule that demonstrates compliance as expeditiously as feasible but no la ter than July 31, 1975

. State Effective: 5/1/94; EPA Effective: 2/18/2003