STATE OF IDAHO 

### DEPARTMENT OF ENVIRONMENTAL QUALITY

1410 North Hilton· Boise, Idaho 83706-1255· (208) 373-0502 

### May 22,2003 John lani Regional Administrator U.S. EPA, Region 10 Dirk Kempthorne, Governor C. Stephen Allred, Director



### 1200 SixthAvenue

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# o.~ Seattle, WA 98101 Re: State Implementation Plan Rule Revisions

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### Dear Mr. lani:

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# A. 

# 2) Enclosedfor your review and approval are an original and four copies of revisions to the Department of Environmental Quality's (DEQ) Rules forthe Control ofAir Pollution in Idaho, IDAPA 58.01.01

. DEO is seeking Environmental Protection Agency (EPA) approval ofthese revisions as an update to the contentsof the Idaho State Implementation Plan (SIP). 40 CFR, Part 52, Subpart N. These revisions to the state rules were promulgated pursuant to the Environmental Protection and Health Act, Idaho Code, Sections 39-101 through 39-130. Review and approval by a DeputyAttorney General assigned to DEO was obtained at appropriate timesthroughout the rulemaking process. The adoption was made in accordance with the requirements ofthe federal Clean AirAct .and applicable federal regulations. None of the revisions included in this submittal reflect a reduction in emission limits. 

### A. Rule Revisions Adopted 

### by the Board ofEnvironmental Quality and Approved 

### by the 2002 Idaho Legislature. 1. IDAPA 58.01.01.210.16.c
- Soil Vapor Extraction. This revision resolves conflicts between DEQ's petroleum remediation policy and IDAPA 58.01.01.513 regarding good engineering practices and dispersion techniques in permitting sources with stacks. The Board of Environmental Quality adopted the revision on October 18, 2001, and the 2002 Idaho Legislature approved it on March 15, 2002 with an effective date of March 15, 2002. 2. IDAPA 58.01.01.008.11 and 58.01.01.107.03.j. -Incorporations of Federal Regulation by Reference. These revisions update citations to the federal regulations incorporated by reference to include those revised as ofJuly 1, 2001. IDAPA 58.01.01.861.04.c
- HospitaVMedicalllnfectious Waste Incinerators. This revision clarifies that all owners oroperators ofthe effected incinerators must comply with provisions of Idaho Code, Section 39-128. The Board of Environmental Quality adopted these revisions on October 18. 2001 and the 2002 Idaho Legislature approved them on March 15. 2002, with an effective date of March 15, 2002. 3. IDAPA 58.01.01.790 through 799.
- Nonmetallic Mineral Processing Plants. These new sections introduce the requirements for rock crushers including control requirements, emission standards, permit requirements, and use of Best Management Practices forfugitive dust control They also establish requirements including registration and controls on the use of electrical generators by rock crushers operating under a permit by rule

### Mr. John lani May 22.2003 Page 2 IDAPA 58.01.01.011 and.IDAPA 58.01.01.201. These revisions add a definition for the purposes of Section 790 and 799 and add a provision allowing an operatorto commence construction and operation of a source without a permitto construct provided the source operates in accordance with all the applicable provisions of a permit by rule. The Board of Environmental Quality adopted these revisions on October 18,2001 and the 2002 Idaho Legislature approved them on March 15, 2002, with an effective date of March 15, 2002.
B. Rule Revisions Adopted 

### by the Board of Environmental Quality and Approved by the 2003 Idaho Legislature. 1. IDAPA 58.01.01.209.01.c. 58.01.01.710 through 724, 58.01.01.213.02. 58.01.01.228. 58.01.01.395, 58.01.01.410. 58.01.01.58.01.01.313.01. 58.01.01.317.01.b.U30), 58.01.01.511, 58.01.01.581.01
- Permit Clarification. These pending revisions clarify various sections of Idaho's stationary source permitting program. remove the grain-loading standard, and correct citation references. IDAPA 58.01.01.008.11 and IDAPA 58.01.01.107
- Incorporations of Federal Regulations by Reference. These pending revisions update citations to the federal regulations' incorporated by reference to include those revised as of July 1. 2002. The Board of Environmental Quality removed several sections from the proposed rule and adopted the revised rule on November 13,2002. The 2003 Legislature approved the rule effective May 3, 2003. 2. IDAPA 58.01.01.600 through 67
- Opening Buming. These revisions clarify inconsistencies between the language and requirements ofother local, state and federal rules, regulations and laws in addition to clarifying some general restrictions. The Board of Environmental Quality made revisions to the proposed rule and adopted on October 17, 2002. The 2003 Legislature revised the pending rule and approved it effective March 21,2003.
C. Rule Revisions that Establish or Revise Permitting Fees. While we understand EPA will not include these rules in the Idaho SIP, we are forwarding them to you for information. 1, IDAPA 58.01.01.224 through 228
- Permit to Construct Application and Processing Fees. These new sections establish permit to construct application fees and processing fees and specify how the fees are collected, appealed and used by DEQ. IDAPA 58.01.01.407 through 410 and 58.01.01.470
- Tier II Operating Permit Processing Fees. These new sections establish Tier" operating permit processing fees and specify how the fees are collected, appealed and used by DEQ. IDAPA 58.01.01.800 through 802
- Permit by Rule Registration Fee. These new sections establish the registration fee for facilities regulated under a permit by rule and specify how the fees are collected, appealed and used by DEQ.

### Mr. John lani May 22,2003 

## ( Page 

## :3 IDAPA 58.01.01.006.58.01.01.007.58.01.01.200. 58.01.01.202 through 209.58.01.01.300, 58.01.01.322. 58.01.01.380. and 58.01.01.387 through 404. These sections were revised to change references to internal citations. The Board of Environmental Quality adopted these revisions on November 18, 2001 and the 2002 Idaho Legislature approved them on March 15,2002. These rule revisions were effective on July 1, 2002. 2. IDAPA 58.01.01.387 through 398
- Title V Operating Pennit Fees. This pending rule revises the existing structure for annual registration ofTier I sources and the annual assessment and payment ofTier I fees. These revisions were adopted by the Board of Environmental Quality on November 13. 2002 and the 2003 Legislature approved them effective April 2. 2003. Ifyou oryour staff have questions concerning any ofthese rules. please contact me at 208-373-0240. My staffare**ava~lable** 

### to vide assistance to**ensu~** 

### Idaho's SIP is updated as soon as possible.

I 

## .S 

## e**~ector** 

### .//CSA:ph Enclosures
cc: Lisa Kronberg Pat Nair Robert Wilkosz Phyllis Heitman SIP Submittals File Reading FileSTATE OF IDAHO



### .DEPARTMENT OF ENVIRONMENTAL QUALITY

1410 North Hilton· Boise. Idaho 83706·1255' (208) 373-0502 Dirk Kempthome. Governor .C. Stephen Allred. Director



### AMENDMENT TOTHE RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO

Pursuant to the Environmental Protedion and Health Ad, Idaho Code 39-101 through 39-130, I hereby submit amendments to the Rules forthe Control ofAir Pollution in Idaho (Air Rules). IDAPA 58.01.01 , as edited in the attachments, as a revision to Appendix A.3 ofthe Implementation Plan for

### the Control ofAir Pollution in the State of Idaho (Idaho SIP). The changes being submitted were adopted as pending by 

### the Board of Environmental Quality and approved by the Idaho Legislature as indicated in the attachment. DATED this 22nd day of May, 2003

.

./

## INCORPORATIONS OF FEDERAL REGULATION BY REFERENCE IDAPA 

# 5S.01.01.00S.11 IDAPA 

# 5S.01.01.107.03.j

AND

HOSPITAUMEDICAUINFECTIOUS WASTE INCINERATORS IDAPA 

# 5S.01.01.S61.04.c

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# - IDAPA 58
- DEPARTMENT OF ENVIRONMENTAL QUALITY 58.01.01
- RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO DOCKET NO. 58-0101-0103 NOTICE OF PROPOSED RULEMAKING

AUTHORITY: In compliance with Sections 67-5221(1), Idaho Code, notice is hereby given that this agency has proposed rulemaking. The action is authorized by Sections 39-105, 39-107 and 39-128, Idaho Code. In addition, this rulemaking updated citations to the federal regulations incorporated by reference as mandated by the U.S. Environmental Protection Agency (EPA) for approval ofthe state's Title V Operating Permit Program pursuant to 40 CFR Part 70 and fulfilling the requirements ofldaho's delegation agreement with EPA under Section 112(1) ofthe Clean AirAct. PUBLIC HEARING SCHEDULE: Public hearing(s) concerning thisproposed rulemaking will be held as follows: Wednesday,August 8, 2001, 7 p.m. DepartmentofEnvironmental QualityConference Center 1410 N. Hilton, Boise,Idaho. The hearing site(s) will be accessible to persons with disabilities. Requests for accommodation must be made not laterthan five (5) days prior to the hearing. For arrangements, contact the undersigned at (208)373-0418. DESCRIPTIVE SUMMARY: In 1999 the Department ofEnvironmental Quality (DEQ) promulgated Section 861, Standards of Performance for HospitallMedicallInfectious Waste Incinerators, as directed by the Legislature in Section 39-128, Idaho Code. This proposed rule simply clarifies that all owners or operators ofhospitallmedicall infectious waste incinerators subjectto Section 861 must comply with the provisions ofSection 39-128,Idaho Code. Thisproposed rule alsoupdate citationsto the federal regulations incorporated by reference to July I,2001 in orderto maintain conformance with EPA's regulations as well as fulfilling the requirement ofIdaho's delegation agreement with EPA under Section 112(1) ofthe Clean Air Act. This includes the Maximum Achievable Control Technology ( CT) Standards promulgated as National Emissions Standards for Hazardous AirPollutants (NESHAPS). The proposed rule text is in legislative format. Language the agency proposed to add is underlined. Language the agency proposed to delete is struck out. It is these additions and deletions to which public comment should be addressed. After consideration ofpublic comments, DEQ intends to present the final proposal to the Board ofEnvironmental Quality in October 200I for adoption ofa pending rule. The rules is expected to be final and effective upon the conclusion ofthe 2002 session ofthe Idaho Legislature. NEGOTIATED RULEMAKING: Due to the simple nature ofthis proposed rule, DEQ did not conduct negotiated rulemaking. GENERAL INFORMATION: For more information about DEQ's programs and activities, visit DEQ's web site at www.state.id.us/deq

. ASSISTANCE ON TECHNICAL QUESTIONS AND SUBMISSION OF WRITTEN COMMENTS: For assistance on technical questions concerning this rulemaking, contact Tim Teater at (208) 373-0502 or tteater@deq.state.id.us

. Anyone may submit written comments bymail, fax ore-mail at the address below regarding this proposedrule. DEQ will consider all written comments received by the undersigned on or before August 10, 200I.

DATED this 23rd day ofMay, 2001.

IDAHO ADMINISTRATIVE BULLETIN Page 156 July 4,2001

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# - DEPARTMENT

### OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0103 Rules for the ControlofAirPollution in Idaho prC)IJ()Se'd Rule

Paula J. Gradwohl Environmental Quality Section Attorney General's Office 1410 N. Hilton Boise, Idaho 83706-1255 (208)373-0418IFax No. (208)373-0481 pgradwoh@deq.statejd.us

THEFOLLOWING IS THETEXT OFDOCKET NO. 58-0101-0103

008. DEFINITIONS FORTHE PURPOSES OFSECTIONS300THROUGH 386. 01. Affected States. All States: (5-1-94)


### a. Whose air quality may be affected bythe emissions ofthe Tier I source and that are contiguous to Idaho; or (5-1-94) 

### b. That are within fifty (50) miles ofthe Tier I source. 02. Allowance. An authorization allocated to a Phase 

## n source by the EPA to emit during or after a specified calendar year, one (I) ton ofsulfur dioxide. (5-1-94) 

# ­
03. Applicable Requirement. All ofthe following ifapproved orpromulgated by EPA as they applyto emissions units in a Tier I source (including requirements that have been promulgated through rulemaking at the time ofpermit issuance but which have future-effective compliance dates): (5-1-94)
a. Any standard or other requirement provided for in the applicable state implementation plan, including any revisions to thatplan that are specified in 40 CFRParts 52.670 through 52.690. (5-1-94) b. Any term or condition ofany permits to construct issued by the Department pursuant to Sections 200 through 223 or by EPA pursuant to 42 U.S.c. Sections 7401 through 7515; provided that terms or conditions relevant only to toxic air pollutants are not applicable requirements. (4-5-00)
c. Any standard or otherrequirement under 42 U.S.C. Section 7411 including 40 CFRPart 60; (5-1-94) 

### d. Any standard orother requirement under 42 U.S.C. Section 7412 including 40 CFRPart 61 and 40 CFRPart 63; (5-1-94)
e. Any standard orother requirement ofthe acid rain program under42 U.S.c. Sections 7651 through 76510; (5-1-94) f. Any requirements established pursuant to 42 U.S.c. Section 7414(a)(3), 42 U.S.c. Section 766Ic(b) or Sections 120 through 128 ofthese rules; (3-23-98) g. Any standard or other requirement governing solid waste incineration, under 42 U.S.c. Section 7429; (5-1-94) h. Any standard or other requirement for consumer and commercial products and tank vessels, under 42 V.S.c. Sections 7511 b(e) and (f); and (5-1-94) 

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### DEPARTMENT

### OFENVIRONMENTAL QUALITY DocketNo. 58-0101-0103 Rules for the Controlof

### AirPollution in Idaho Proposed Rule

I. 

### Any standard orotherrequirementunder 42 U.S.C. Sections 7671 through 7671q including 40 CFR Part 82. (5-]-94) j. 

### Any ambient air quality standard or increment or visibility requirement provided in 42 U.s.C. Sections 7470 through 7492, but only as applied to temporary sources receiving Tier I 

### operating permits under Section 324. (5-1-94) 04. Designated Representative. A responsible person or official authorized by the owner or operator ofa Phase II 

### unit to represent the owner or operator in matters pertaining to the holding, transfer, or disposition of allowances allocated to a Phase 11 

### unit, and the submission ofand compliance with permits, permit applications, and complianceplans for the Phase

# nunit. (5-1-94) 05. DraftPennit. The version ofa Tier I 

### operatingpermit that is made available by the Department for public participation and affected State review. (5-1-94) 06. Emergency. For the purposes ofSection 332, an emergency is any situation arising from sudden and reasonably unforeseeable events beyond the control ofthe owner or operator, including acts of God, which situation requires immediate corrective action to restore normal operation and that causes the Tier I 

### source to exceed a technology-based emission limitation under the Tier I 

### operating pennit due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include noncompliance to the extent caused by improperly designed equipment, lack ofpreventative maintenance, careless or improperoperation, oroperatorerror. (4-5-00) 07. Final Permit. The version of a Tier I 

### permit issued by the Department that has completed all review proceduresrequired in Sections 364 and 366. (5-1-94) 08. General Permit. A Tier I 

### pennitissued pursuant to Section 335. (3-23-98) 09. InsignificantActivity. Those activities thatqualify as insignificant in accordance with Section 317. (3-23-98) 10. Major Facility. A facility (as defined in Section 006) is major if the facility meets any ofthe following criteria: (3-23-98)

a. 

### Forhazardous airpollutants: (3-23-98) i. 

### The facility emits orhas the potential to emit ten (10) tons peryear (tpy) or more ofany hazardous air pollutant, other than radionuclides, which has been listed pursuant to 42 U.S.C. Section 7412(b); provided that emissions from any oil or gas exploration orproduction well (with its associated equipment) and emissions from any oil or gas pipeline compressor or pump station shall not be aggregated with emissions from other similar emission units within the facility. (5-1-94) ii. The facility emits or has the potential to emit twenty-five (25) tpy or more ofany combination of any hazardous air pollutants, other than radionuclides, which have been listed pursuant to 42 U.S.c. 7412(b); provided that emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from any oil orgas pipeline compressor orpump station shall notbe aggregated with emissions from other similar emission units within the facility. (5-1-94) b. 

### Fornon-attainment areas: (3-23-98) i. The facility is located in a "serious" particulate matter (PM-IO) nonattainment area and the facility has the potential to emit seventy (70) tpy ormore ofPM·IO. (5-1-94) ii. The facility is located in a "serious" carbon monoxide nonattainment area in which stationary sources are significant contributors to carbon monoxide levels and the facility has the potential to emit fifty (50) tpy ormore ofcarbon monoxide. (5-1-94)

IDAHO ADMINISTRATIVE BULLETIN Page 158 July 4, 2001

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### OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0103 Rules for the Control

### ofAirPollution in Idaho Proposed Rule

lll. The facility is located in an ozone transportregion established pursuant to 42 U.S.C. Section 7511c and the facility has the potential to emit fifty (50) tpy or more ofvolatile organic compounds. (5-1-94) iv. The facility is located in an ozone nonattainment area and, depending upon the classification ofthe nonattainment area, the facility has the potential to emit the following amounts ofvolatile organic compounds or oxides of nitrogen; provided that oxides of nitrogen shall not be included if the facility has been identified in accordance with 42 U.S.C. Section 741 la(f)(I)or (2) ifthe area is "marginal" or "moderate", one hundred (100) tpy ormore, ifthe area is "serious", fifty (50) fpy or**more~** ifthe area is "severe", twenty-five (25) tpy or more, and ifthe area is "extreme", ten (10) tpy ormore. (3-23-98)
c. The facility emits or has the potential to emit one hundred (100) tons per year or more of any regulated air pollutant listed in Subsections 006.84.a. through 006.84.e. The fugitive emissions shall not be considered in determining whether the facility is major unless the facility belongs to one (I) of the following categories: (4-5-00) 

### i. Designated facilities. (3-23-98) ii. All other source categories regulated by 40 CFR Part 60,40 CFR Part 61 or 40 CFR Part 63, but only with respect to those air polIutants that have been regulated for that category and only ifdetermined by rule by the Administrator ofEPA pursuant to Section 3020) ofthe Clean Air Act. (4-5-00) 11. Part70. Unless specified otherwise in this chapter, all definitions adopted under 40 CFR Part 70, revised as ofJuly 1,20001, are hereby incorporated by reference.**~** 12. PermitRevision. Any permitmodification, administrative amendment orreopening. (3-19-99) 13. Phase II Source. A sourcethat is subjectto emissions reduction requirements of42 U.S.c. Section 7651 through 76510 and shall have the meaning given to it pursuanttothose sections. (5-1-94) 14. Phase 

## n Unit. A unit that is subject to emissions reduction requirements of42 U.S.c. Sections 7651 through 76510 and the term shall have the meaning given to itpursuantto those sections. (5-1-94) 15. Proposed Permit. The version ofa permit that the Department proposes to issue and forwards to the EPA for review. (5-1-94) 16. Section 502(b)(10) Changes. Changes that contravene an express permit term. Such changes do not include changes that would violate applicable requirements or contravene federally enforceable permit terms and conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements. (3-19-99) 17. TierI OperatingPermit. Anypermit covering a Tier I source thatis issued, renewed, amended, or revised pursuantto Sections 300 through 386. (3-19-99) (BREAKIN CONTINUITY

### OFSECTIONS)
107. INCORPORATIONS BYREFERENCE. 01. General. Unless expressly provided otherwise, any reference in these rules to any document identified in Subsection 107.03 shall constitute the full incorporation into these rules of that document for the purposes of the reference, including any notes and appendices therein. The term "documents" includes codes, standards or rules which have been adopted by an agency ofthe state or ofthe United States or by any nationally recognized organization or association. (5-1-94) 02. Availability Of Referenced Material. Copies of the documents incorporated by reference into 

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# ::, JJ108

### DEPARTMENT OFENVIRONMENTAL QUALITY Docket No. 58-0101-0103 Rules for the Control

### ofAirPollution In Idaho ProposedRule these rules are available atthe following locations: (S-I-94)
a. All federal publications: Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402 at (202) 783-3238; and (S-I-94) b. 

### All documents herein incorporated by reference: (7-1-97) 

### i. Department of Environmental Quality, 1410 N. Hilton, Boise, Idaho 83706-12SS at (208) 373­ OS02. (7-1-97) ii. State LawLibrary, 4S1 W. State Street, P.O. Box 83720, Boise, Idaho 83720-00SI, (208) 334-3316. (7-1-97) 

### 03. Documents Incorporated By Reference. The following documents are incorporated by reference into these rules: (S-I-94)
a. Requirements for Preparation, Adoption, and Submittal ofImplementation Plans; Appendix W to Part SI--Guideline on Air Quality Models. 40 CFR Parts SI and S2 revised as ofJuly I, 20091.**~** 

### b. Implementation Plan for the Control ofAir Pollution in the State ofIdaho (SIP), Department of Environmental Quality, November 1996. (3-19-99)
c. National Primary and Secondary Ambient Air Quality Standards, 40 CFR Part 50, revised as of July 1,20091.**~** 

### d. Requirements for Preparation, Adoption, and Submittal ofImplementation Plans, Protection of Visibility, Identification ofIntegral Vistas, Subsection a, 40 CFR Part 51.304(a), revised as ofJuly 1, 20091.**~** 

# - e. Approval and Promulgation ofImplementationPlans, 40 CFR Part 52, revised as ofJuly 1,20091.**~** f. 

### Ambient Air Monitoring Reference and Equivalent Methods, 40 CFR Part 53, revised as ofJuly I,**~** 

### g. Ambient Air Quality Surveillance, Quality Assurance Requirements for Prevention ofSignificant Deterioration (PSD Air Monitoring), 40 CFR Part 58, Appendix B, revised as ofJuly I, 20001.**~** 

### h. Standards ofPerformance for New Stationary Sources, 40 CFR Part 60, revised as ofJuly 1, 20001.**~** i. 

### National Emission Standards for Hazardous Air Pollutants, 40 CFR Part 61, revised as ofJuly I,**~** j. 

### National Emission Standards for Hazardous Air Pollutants for Source Categories, 40 CFR Part 63, revised as ofJuly I, 20001.**~** k. 

### Compliance Assurance Monitoring, 40 CFR Part 64, revised as ofJuly I, 20001.


### I. Permits, 40 CFRPart 72, revised as ofJuly I, 20001.**~** 

### m. SulfurDioxide Allowance System, 40 CFR Part73, revised as ofJuly], 20091.**~** 

### n. Protection ofStratospheric Ozone, 40 CFRPart 82, revised as ofJuly I, 20001.**~**

IDAHO ADMINISTRATIVE BULLETIN Page 160 July 4,2001- Vol. 01-7

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DEPARTMENT

### OF ENVIRONMENTAL QUALITY DocketNo. 58·0101·0103 Rules for the Control

### ofAirPol/ution in Idaho ProposedRule



### o. Clean Air Act, 42 U.S.c. Sections 7401 through 7671g (1997). (3-19-99) p. Detennining Confonnity ofFederal Actions to State orFederal Implementation Plans: Conformity to State or Federal Implementation Plans of Transportation Plans, Progmms and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the Fedeml Tmnsit Laws, 40 CFR Part 93, Subpart A, Sections 93.100 through 93.129, revised as ofJuly 1,20001, except that Sections 93.l02(c), 93.l04(d), 93.I04(e)(2), 93.105, 93.109(c)-(f), 93.118(e), 93.1l9(f)(3), 93.120(a)(2), 93.121(a)(I), and 93.l24(b) are expressly omitted from the incorporation by reference.**~** (BREAKIN CONTINUITY

### OF SECTIONS)


### 861. STANDARDS OF PERFORMANCE FOR HOSPITALIMEDICALIINFECTIOUS WASTE INCINERATORS THAT COMMENCED CONSTRUCTION AFTER JUNE 20, 1996, OR FOR WHICH MODIFICATION IS COMMENCED AFTERMARCH 16, 1998. 01. Applicability. All owners or operators of each individual hospital/medicaUinfectious waste incinemtor for which construction is commenced after June 20, 1996 or for which modification is commenced after March 16, 1998 are subjectto Section 861 except as noted in Subsection 861.02. (4-5-00) 02. Exemptions. (4-5-00)
a. A combustor is not subject to Section 861 during periods when only pathological waste, low-level radioactive waste, and/or chemothempeutic waste is burned, provided the owner or opemtor ofthe combustor: (4-5-00) i. Notifies the Department ofan exemption claim; and (4-5-00) ii. Keeps records on a calendar quarter basis ofthe periods oftime when only pathological waste, lowlevel radioactive waste and/or chemotherapeutic waste is burned. (4-5-00) b. 

### Any co-fired combustor is not subject to Section 861 if the owner or operator ofthe co-fired combustor: (4-5-00) i. 

### Notifies the Department ofan exemption claim; (4-5-00) ii. Provides an estimate ofthe relative amounts ofhospital waste, medical/infectious waste, and other fuels and wastes to be combusted; and (4-5-00)
III. 

### Keeps records on a calendar quarter basis ofthe weight ofhospital waste and medical/infectious waste combusted, and the weight ofall other fuels and wastes combusted at the co-fired combustor. (4-5-00)
c. Any combustorrequired to have apennitunder Section 3005 ofthe Solid Waste Disposal Act is not subject to Section 861; (4-5-00) d. Any combustor which meets the applicability requirements under 40 CFR Part 60, Subparts Cb, Ea orEb (relates to certain municipal waste combustors) isnot subject to Section 861; (4-5-00)
e. 

### Any pyrolysis unit is not subjectto Section 861 ; (4-5-00) f. 

### Cementkilns firing hospital waste and/or medical/infectious waste are not subject to Section 861; (4-5-00) g. Physical or operational changes made to an existing hospital/medical/infectious waste incinerator solely for the purpose ofcomplying with emission guidelines under40 CFR Part 60, Subpart Ce are not considered a

IDAHO ADMINISTRATIVE BULLETIN Page 161 July 4, 2001- Vol. 01-7

# - DEPARTMENT OFENVIRONMENTAL QUALITY Docket No.**58·0101~0103** Rules for the Control ofAirPollution in Idaho Proposed Rule 

### modification and do not result in an existing hospital/medical/infectious waste incinerator becoming subject to Section 861; (4-5-00) h. Affected facilities subject to Section 861 are not subject to the requirements of40 CFRPart 64. (4-5-00) 03. Definitions. As used in Section 861, definitions shall have the meaning given in 40 CFR Part 60 including, but not limited to: (4-5-00)
a. "Chemotherapeutic waste" means waste material resulting from the production or use of antineoplastic agentsusedfor the purpose ofstopping orreversing the growth ofmalignant cells. (4-5-00) b. "Co-flred combustor"means a unit combusting hospital waste and/ormedical/infectious waste with other fuels orwastes (e.g., coal, municipal solid waste) and subject to an enforceable requirement limiting the unit to combusting a fuel feed stream, ten percent (10%) orless oftheweight ofwhich is comprised, in aggregate, ofhospital waste and medical/infectious waste as measured on a calendar quarter basis. For purposes of this definition, pathological waste, chemotherapeutic waste, and low-level radioactive waste are considered "other" wastes when calculatingthe percentage ofhospital waste and medical/infectious waste combusted. (4-5-00)
c. "Hospital" means any facility which has an organized medical staff, maintains at least six (6) inpatient beds, and where the primary function of the institution is to provide diagnostic and therapeutic patient services and continuous nursing care primarily to human inpatients who are not related and who stay on average in excess oftwenty-four (24) hours per admission. This definition does not include facilities maintained for the sole purpose ofprovidingnursing orconvalescent care to human patients who generally are not acutely 

### illbut who require continuous medical supervision. (4-5-00) d. "Hospital/medical/infectious waste incinerator" or HMIWI means any device that combusts any amount ofhospital waste and/or medical/infectious waste. (4-5-00)
e. "Hospital waste" means discards generated at a hospital, except unused items returned to the manufacturer. Thisdefinition does not include human corpses, remains and anatomical parts intended for intermentor cremation. (4-5-00) f. 

### "Infectious agent" means any organism such as.a virus or bacteria that is capable of being communicated by invasion and multiplication in body tissues and capable of causing disease or adverse health impacts in humans. (4-5-00) g. "Low-level radioactive waste" means waste material which contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities that exceed applicable federal or state standards for unrestricted release. Low-level radioactive waste is not high-level radioactive waste, spent nuclearfuel, orby-product material as defined bythe Atomic EnergyAct of 1954 (42 U.S.C. 2014(e)(2». (4-5-00) h. "Medical/infectious waste" means any waste generated in the diagnosis, treatment, or immunization ofhuman beings oranimals, in researchpertainingthereto, or in the production oftestingofbiologicals that is listed in Subsections 861.03.h.i. through 861.03.h.vii. The definition ofmedical/infectious waste does not include hazardous waste identified or listed under 40 CFR Part 261; household waste as defmed in 40 CFR Section 261.4(b)(I); ash from incineration ofmedicaliinfectious waste once the incineration process is completed; human corpses, remains, and anatomical parts intended for interment or cremation; and domestic sewage materials identified in 40 CFR Section 261.4(a)(l): (4-5-00) 

### i. Cultures and stocks of infectious agents and associated biologicals, including: cultures from medical and pathological laboratories; cultures and stocks of infectious agents from research and industrial laboratories; wastes from the production ofbiologicals; discarded live and attenuated vaccines; and culture dishes and devices used to transfer, inoculate and mix cultures. (4-5-00) ii. Human pathological waste, including tissues, organs, and body parts and body fluids that are removed during surgery or autopsy, or other medical procedures, and specimens ofbody fluids and their containers.

IDAHO ADMINISTRATIVE BULLETIN Page 162 July 4, 2001- Vol. 01-7

# -- •



# ..

DEPARTMENT

### OF ENVIRONMENTAL QUALITY DocketNo. 58·0101·0103 Rules forthe Control

### ofAirPollution in Idaho ProposedRule (4-5-00) iii. Human blood and blood products including: (4-5-00) (1) Liquid waste human blood; (4-5-00) (2) Products ofblood; (4-5-00) (3) Items saturated and/or dripping with human blood; or (4-5-00) (4) Items that were saturated and/or dripping with human blood that are now caked with dried human blood; including serum, plasma, and other blood components, and their containers which were used or intended for use in either patientcare, testing and laboratory analysis orthe development ofphannaceuticals. Intravenous bags are also included in this category. (4-5-00) iv. Sharps that have been used in animal orhuman patient care or treatment or in medical, research, or industrial laboratories, includinghypodermic needles, syringes (with orwithout the attached needle), pasteurpipettes, scalpel blades, blood vials, needles with attached tubing, and culture dishes (regardless ofpresence of infectious agents). Also included are other types ofbroken or unbroken glassware that were in contact with infectious agents, such as used slides and cover slips. (4-5-00)
v. Animal waste including contaminated animal carcasses, body parts and bedding of animals that were known to have been exposed to infectious agents during research (including research in veterinary hospitals), production ofbiologicals or testing ofpharmaceuticals. (4-5-00) vi. Isolation wastes including biological waste and discarded materials contaminated with blood, excretions, exudates or secretions from humans who are isolated to protect others from certain highly communicable diseases, or isolated animals known to be infected with highly communicable diseases. (4-5-00) vii. Unused sharps including the following unused, discarded sharps: hypodermic needles, suture needles, syringes and scalpel blades. (4-5-00) i. "Modification or modified hospital/medical/infectious waste incinerator" means any change to a hospital/medical/infectious waste incinerator unit afterJuly 2, 1999: (4-5-00) (I) The cumulative costs ofthe modifications, over the life ofthe unit, exceed fifty percent (50%) of the original cost of the construction and installation of the unit (not including the cost ofany land purchased in connection with such construction or installation) updated to currentcosts; or (4-5-00) (2) The change involves a physical change or change in the method of operation ofthe unit which increases the amount ofany air pollutantemitted by the unit for which standards have been establishedunder Sections 129 or 111 ofthe Clean Air Act. (4-5-00) j. "Pathological waste" means waste material consisting of only human or animal remains, anatomical parts, and/or tissue, the bags/containers used to collect and transport the waste material and animal bedding (ifapplicable); (4-5-00) 

### k. "Pyrolisis" means the endothermic gasification ofhospital waste and/or medicallinfectious waste using external energy. (4-5-00) 04. Requirements. The following requirements apply to all owners or operators ofHMIWI subject to Section 861. (4-5-00)
a. All owners or operators ofhospital/medical/infectious waste incinerators subject to Section 861 must comply with 40 CFR Part 60, Subpart Ec as incorporated by reference into these rules at Section 107. Where "Administrator" or "EPA" appears in 40 CFR Part 60, "Department" shall be substituted, except in any section of40 CFR Part 60 for which a federal rule or delegation specifically indicates that authority will not be delegated to the

IDAHO ADMINISTRATIVE BULLETIN Page 163 July 4, 2001- Vol. 01-7

### DEPARTMENT

### OF ENVIRONMENTAL QUALITY DocketNo. 58·0101·0103 Rules for the Control

### ofAirPollution in Idaho ProposedRule
state. (4-5-00) b. Beginning September 15, 2000 or on the effective date of an EPA-approved operating permit program underClean Air Act Title V and the implementing regulations under 40 CFRPart70, whichever date is later, affected facilities shall operate pursuant to a permit issued underthe EPA approved state operating permitprogram. (4-5-00) £... All owners or operators ofhospitaVmedicaVinfectious waste incinerators subject to Section 861 must comply with provisions QfSectjon 39-128, Idaho Code. 

### L.J.



# .- IDAHO ADMINISTRATIVE BULLETIN Page 164 July 4,2001

- Vol. 01-7

# -.

-.



# -.

### ,.. 

# . ( 

# Bulletin Summary of Proposed Rulemakings

PUBLIC NOTICE OFINTENT TO PROPOSE ORPROMULGATE NEW OR CHANGED AGENCY RULES The following agencies ofthe state ofIdaho have published the complete text and all related, pertinent infonnation concerning theirintentto change ormakethe following rules in the new issue ofthe state Administrative Bulletin.
IDAPA 02

- DEPARTMENT OF AGRICULTURE P.O. Box 790, Boise, Idaho 83701-0790 Docket No. 02-0403-0002, Rules Governing Animal Industry. Deletes Section 050 which is being replaced by a new chapter IDAPA 02.04.17. CommentBy: 7/25/0l. Docket No. 02-0417-0101, Rules Governing Dead Animal Movement and Disposal. Provides authority to regulate dead animal movement and disposal; prohibits the abandonment ofdead animals and requires them to be disposed of within 72 hours after knowledge of the animal's death; lists accepted methods of disposal; provides authority to detennine the method ofdisposal in emergency situations; and provides for extenuating circumstances. Comment By: 7125/01.
IDAPA 07

- DIVISIONOFBUILDING SAFETY 277 N. 6th, Boise,ID 83720 Docket No. 07-0205-0101, Rules Governing Plumbing Safety Licensing. Requires an applicant for thejourneyman exam topassthe exam within a 6 monthperiodor applicant must obtain additional education. CommentBy: 7/25/01. Docket No. 07-0206-0101, Rules Governing Unifonn Plumbing Code. Replaces 1997 version of the Unifonn Plumbing Code, as amended, with the new 2000 version, as amended. Comment By: 7/25/01. Docket No. 07-0601-0101, Rules Governing Unifonn School Building Safety. Prescribes the Idaho Unifonn School Building Safety Code andprovides for enforcement and administration ofthe Idaho Unifonn School Building Safety Actbythe Administrator ofthe Division ofBuilding Safety. CommentBy: 7/25/01.
IDAPA 11

- IDAHO STATE POLICE P.O. Box 700, Meridian, ID 83680-0700 Docket No. 11-1101-0101, Rules ofthe Idaho Peace Officer Training and Safety Council. Defmes "crime ofdeceit" and "conviction"; includes language to encompass the training and certification of Juvenile Detention Officers; clarifies that the minimum standards for employment apply to detention officers as well as peace officers; sets out which misdemeanor crimes can be waived by POST Council; clarifies which military discharges are grounds for applicant's rejection; clarifies reference to traffic records and how purchased colJege credits can be used toward certification; sets out background investigation procedures; updates the physical and medical standards; and allows canine certificates to remain valid for 15 months rather than 1year. CommentBy: 7125/01.
IDAPA 15

- OFFICE OFTHE GOVERNOR IDAHO COMMISSIONFORTHE BLINDAND VISUALLY IMPAIRED PO Box 83720, Boise, ID 83720-0012 Docket No. 15-0230-0101, Business Enterprise Program. Updates program by clarifying the definitions and rights and responsibilities ofthe Program and its participants. Comment By: 7125/01.

IDAHOADMINISTRATIVE BULLETIN Page 230 July4,2001

- VoL 01-7

# - IDAHO ADMINISTRATIVEBULLETIN 

### Summary ofProposedRulemakings

IDAPA 16

- DEPARTMENT OFHEALTH AND WELFARE PO Box 83720, Boise, ID 83720-0036 Docket No. 16-0309-0104,Rules Governingthe Medical Assistance Program. Clarifies that blood lead level testing is to be part ofthe Early Periodic Screening, Diagnosis, and Treatment (EPSDT) screen in conformance with federal law and regulations. Comment By: 7125/0I. Docket No. 16-0614-0101, Rules Governing the Low Income Home Energy Assistance Program. Removes language allowing a second payment for crisis intervention; income eligibility requirements and OMB Poverty guidelines will be amendedfrom 133%to 150% ofpoverty; changes IRA lump sum payments toIRA andotherretirementplan lump sum payments; adds additional lump sum exclusions; clarifies reference to resident status and eligibility; clarifies documentation needed when a designee signs an application; and dates the minimum benefit andpercentages to year 2001 amounts. Comment By: 7125/01.
IDAPA 31

- PUBLIC UTILITIES COMMISSION PO Box 83720, Boise, ID 83720-0074 DocketNo. 31-4101-0101, The Telephone CustomerRelationsRules. AdoptstheFCC slammingrules whichprohibit a telecommunications carrier from submitting or executing an unauthorized change in a telephone customer's selection ofa provider for local orlong-distance telephone service. Comment By: 7125/01. Docket No. 31-5101-0101, Operator Services and Pay Telephone Rules. Changes conform to federal laws and regulations ofthe FCC and ADA requirements and non-substantive changes clarify the rules. Comment By: 7125/01.
IDAPA 34

- OFFICE OF THE SECRETARYOF STATE PO Box 83720, Boise, ID 83720-0080 Docket No. 34-0506-0101, Rules Governing Lien Filings Under the UCC. Implements the filing procedures mandated by the enactment ofthe RevisedArticle Nine oftheUniform Commercial Code-Secured Transactions; lists reasons for which lien filings can be rejected; describes the search logic used for searching the Lien database; and gives cross-references to lien filings under other laws dealing with seed, farm labor, federal taxes and various state and county liens. Comment By: 7/25/01.
IDAPA 38

- DEPARTMENT OF ADMINISTRATION PO Box 83720, Boise, ID 83720-0003 DocketNo. 38-0501-0101, Rules ofthe Division ofPurchasing. Repeal ofchapter. Comment By: 7/25/01. Docket No. 38-0501-0102, Rules ofthe Division ofPurchasing. Rewrite ofchapter implements statutory changes to purchasing statutes effective July I, 200I. Comment By: 7/25/0

### t
IDAPA 39

- IDAHO TRANSPORTATION DEPARTMENT PO Box 7129, Boise ID 83707-1129 Docket No. 39-0381-0101, Rules Governing Issuance ofTemporary Permits in Lieu ofFull Registration. Changes conform to statutory changes which modify the duration and fees charged for temporary permits and provides a new type ofpermit to authorize temporary operation of vehicles in excess oftheir registered maximum gross weight. Comment By: 7/25/01.
IDAPA 48 • DEPARTMENT OF COMMERCE PO Box 83720, Boise, ID 83720-0093 Docket No. 48-0104-0101, Idaho Gem Community Implementation Grant Program. Establishes requirements for the newly appropriated $400,000 for a Gem Community Implementation Grant Program and provides qualified Gem Communities with program priorities and a process for applying and implementing these grants. Comment By: 7/25/ 01. Docket No. 48-0105-0101, Rural Community Block Grant (RCBG). Establishes requirements for the newly 

# - IDAHO ADMINISTRATIVE BULLETIN Pllge 231 Jllly 4, 2001· VoL 01-7

### • 

# - IDAHO ADMINISTRATIVEBULLETIN 

### Summaryof

### Proposed Rulema/{ings appropriated $3 million for a Rural Community Block Grant Program and provides qualified rural communities with program priorities and a process for applying and implementing these grants. Comment By: 7/25/01.
IDAPA 58

- DEPARTMENTOFENVIRONMENTAL QUALITY 1410 N. Hilton,Boise, Idaho 83706-1255 Docket No. 58-0101-0103, Rules for the Control ofAir Pollution in Idaho. Clarifies that all owners or operators of hospital/medical/ infectious waste incinerators subjectto Rule Section 861 mustcomply withtheprovisionsof Section 39-128, Idaho Code; and updates citations to the federal regulations incorporated by reference to July 1, 2001. CommentBy: 8/10/01. Docket No. 58-0106·0101, Solid Waste Management Rules. Rewrite ofchapter provides statewide consistency for non-municipal solid waste management, ensures proper management of non4 municipal solid waste, and provides specific siting and operational requirements; provides an application submittal process for owners and operators and provides DEQ with an application review and approval process. CommentBy: 8/3/0I. DocketNo. 58-0106-0101, SolidWaste ManagementRules. Repeal ofchapter. Comment By: 8/3/0I. Docket No. 58-0108-0101, Idaho Rules for Public Drinking Water Systems. Incorporates by reference citations to 1996 Public Notification Rule, 40 CFR Part 141, Subpart Q; and makes corrections and clarifies that the non­ community system referred to is a transient noncommunity system. CommentBy7/25/0I.
PUBLIC HEARINGS

- Public Hearings Have Been Scheduled ForThe Following Dockets: Department ofAgriculture DocketNo. 02·0403-0002, Rules Governing Animal Industry. DocketNo. 02-0417-0101, Rules Governing Dead Animal Movement and Disposal. Idaho Commission for the Blind Docket No. 15-0230-0101, Business Enterprise Program. Department ofEnvironmental Quality Docket No. 58.0101-0103, Rules for the Control ofAir Pollution in Idaho

- Comment By: 8/1

### % 

### 1. Docket No. 58-0106-0101 and 58-0106-0102, SolidWaste Management Rules

- Comment By: 8/3/01.
PUBLIC COMMENT PERIOD

- The Public CommentPeriod ForThe Following Docket Has Been Extended: Department ofLands DocketNo. 20-0314-0101, Grazing Leases and Cropland Leases

- Commentdeadline: 7/16/01.
Please refer to the Idaho Administrative Bulletin, July 4, 2001, Volume 01-7 for notices and text ofall rulemakings, public hearing schedules, Governor's executive orders, and agency contact names. Citizens ofyour county can view all issues ofthe Idaho Administrative Bulletin at the county law libraries. Copies of the Administrative Bulletin and other rules publications are available for purchase. For subscription information and ordering call (208) 332-1820 or write the Office of Administrative Rules, Department of Administration. 650 W. State St., Room 100, Boise, Idaho 83720. Visa and Mastercard accepted. The Idaho Administrative Bulletin and Administrative Code are available on-line at: http://www2.state.id.us/adrn! adminrulesl

IDAHO ADMINISTRATIVE BULLETIN Page 231 July4, 1001·Vol. 01-7

# -

## CERTIFICATE OF HEARING
SUBJECT: Rules forthe Control ofAir Pollution in Idaho, Docket No. 58-0101-0103 LOCATION: DEQ Conference Center, 1410 N. Hilton, Boise. Idaho HEARING DATE: August 8. 2001 The undersigned designated hearing facilitator hereby certifies that on the 8th day ofAugust. 2001. a public hearing was held on the Rules for the Control ofAir Pollution in Idaho. Docket No. 58-0101-0103, atthe DEQ conference center in Boise, Idaho. The hearing commenced at 7:00 p.m. and was adjourned at 7:30 p.m. No public comment was submitted. Notice ofthis hearing appeared in the Idaho Administrative Bulletin. as required by Idaho Code Section 67-5221, on July 4,2001. This publication was timely made

.-. and other necessary notice requirements have been met.

DATED this !./I!!day ofAugust. 2001.

Hearing Facilitator

CERTIFICATE OF HEARING

# -

-,

# - PUBLIC COMMENTS Rules for the Control ofAir Pollution in Idaho Docket Number

### 58-0101-0103 Deadline for Comment: August 

### 10, 2001
Submitted 

## By Date Received Katherine Gerrity Legislative Services State Capitol Boise, 10 83720-0054 

### 6/14/01

Certificate of Hearing held in Boise on 

### 8/8/01

# Legislative Services Office Idaho State Legislature

Carl. 

### F. Bianchi State Capitol Director P.O. Box 83720 Boise, lD 83720-0054 

## RECEIVED 208/334-2475; Fax 334-2125 www.state.id.us/legislat 

# JUN 14 2001 June 13, 2001 

# omceoftheAttomey General IDEQ 

### Paula J. Gradwohl Attorney General's Office Environmental Quality Section 1410 N. Hilton Boise, Idaho 83706-1255 Dear Ms. Gradwohl: The Senate and House Subcommittees for review of administrative rules have reviewed the proposed changes to the Department of Environmental Quality rules: IDAPA 58.01.01 Air Pollution
- Infectious Waste IDAPA 58.01.08 Public Drinking Water
- Customer Notification IDAPA 58.01.06 Solid Waste Management
- Non-municipal No meeting will be held, and we are pleased to report that no objections will be filed. Sincerely,

Katharine A. Gerrity Senior Legislative Analyst Research & 

### Legislation KAG/jcw 

# -"
Mike Nugent, Supervisor Jeff

### Youtz, Supervisor Larry Kirk, Supervisor Glenn Harris, Supervisor

Research & 

### Legislation Budget 

### & Policy Analysis Legislative Audits Network Administration mnugent@lso.state.id.us jyoutz@lso.state.id.us Ikirk@lso.state.id.us gharris@lso.state.id.us 

# Servinq. I:fano';j

# Citizen Uq.iIJ(alureSTATE OF IDAHO 

### DEPARTMENT OF ENVIRONMENTAL QUALITY Board of Environmental Quality 

# -

1410 North Hilton. Boise. 1083706-1255. (208) 373-0502 Dirk Kempthorne. Governor C. Stephen Allred. Director



### DECLARATION OF RULEMAKING BY THE BOARD OF ENVIRONMENTAL·QUALITY ADOPTION OF PENDING RULE DOCKET NO. 58-0101-0103 Pursuant to the authority granted to the Board of Environmental Quality in Title 39, Chapter 1, Idaho Code, and under the provisions for pending rule adoption contained in Section 67-5224, Idaho Code, I declare that the Board of Environmental Quality adopted, as pending rules, the Rules for the Control ofAir Pollution in Idaho as presented in the attached Final Proposal.

I hereby certify that this action has been taken in compliance with Title 67, Chapter 52, Idaho Code.

STATE OF IDAHO ss_ County ofAda On this 

# 18+'"' of October, 2001, before me, the underSigned, a Notary Public in and for said State, personally appeared

### f)cW\Ct 

## let J C-hishalm, Chairman, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have set my hand and affixed my official seal the day and year in this certificate first above written_
Notary

### PUbli~rJd~ Residing at: 

# b..I.

. I 

## D Expires: 

## '2/..;;tG, 107 •

FI n:eG Gr,**Pr:c\'~'** [Or**~<,.**

### RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO 

# -. DEPARTMENT OF ENVIRONMENTAL QUALITY PENDING RULE DOCKET NO. 58-0101-0103

FINAL PROPOSAL The Department of Environmental Quality recommends that the Board of Environmental Quality adopt the rule as initially proposed in the Idaho Administrative Bulletin, Volume 01­ 7, July 4, 2001, pages 156through 164.



# -

### INITIALS RULE PROMULGATION AUTHORITY CHECKLIST

IDAPA 58.01.01, Rules for the Control ofAir Pollution in Idaho 

### Docket No. 58-0101-0103

DATE 

# a-{It;h 1 Legal Review of Proposed Administrative Rules Form

# ~Jt?:li)J ;J!rS1i)f Director Approval of Proposed Administrative Rules Form

# ~ Approval Received from DFM/Governor

# ~**~ ~v,y~j**  

# 'ljJe YU1(OI Legal Review of "Iemporary Rule Docket 

# -. 

# 1#**~** /Aupc?ti DirectorApproval ofTemporary Rule Docket**(~,.** 

# ,fIJ/f L

# ~. Board Approval ofTemporary Rule

# -J~(D( Legal Review of PendinglTemporary Rule Docket

# ~L Director Approval of PendinglTemporary Rule Docket

# ~ 

# '­ * Board Approval of PendinglTemporary Rule 

# #' .



# -

### Docket Number: 58-0101-0103 

### Effective Date: 2002 sine die Public Notice Negotiated Rule Making: [] Yes [X]No Rules Title: Rules for 

### the Control ofAir Pollution in Idaho Groups Involved: Agency Contact and Phone: Tim Teater. 373-0502
Descriptive Summary of rule as initially proposed: Hearings: 

### [Xl Yes [] No Locations and Dates: 

### In 1999 the Department of Environmental Quality (DEQ) promulgated Section 861, Boise, 8/8/01 

### Standards of Performance for HospitaVMedicaVlnfectious Waste Incinerators, as directed by the Legislature in Section 39-128, Idaho Code. This proposed rule simply clarifies that all owners or operators of hospital/medicaVinfectious waste incinerators Written Comment Deadline: 

### 8/10/01 

### subject to Section 861 must comply with the provisions of Section 39-128, Idaho Code. Other Opportunities to Comment: 

### NIA 

### This proposed rule also updates citations to the federal regulations incorporated by reference to July 1, 2001 in order to maintain conformance with EPA's regulations as well as fulfilling the requirements of Idaho's delegation agreement with EPA under Section 112(1) of the Clean Air Act. This includes the Maximum Achievable Control Technology (MACT) Standards promulgated as National Emissions Standards for 1-1

# --------------------1 Hazardous Air Pollutants (NESHAPS). Cost Impact: None 

### DEQ received no comments from the public and has not revised the proposed rule. DEQ recommends that the Board of Environmental Quality adopt the rule, as presented in the final proposal, as a pending rule with a final effective date coinciding with the adjournment sine die 

### ofthe Second Regular Session ofthe Fifty-sixth Idaho Relevant Law: Idaho Code §§ 

### 39-105,39-107,39-128 

### Legislature. The rule is subject to review by the Legislature before becoming final.

Alternatives: If adopted: DEQ will have complied with the legislative directive to implement Idaho Code 39-128. Sources will be made aware of the necessity for them to comply with that section since the provisions are not in the rules. If not adopted. the legislative direction in Idaho Code 39-128 will not be implemented and sources may not be aware of the that they are required to comply with that section.

''\ ( 

### .. ) ",.,.......**~. ~._J**  t

.. ) 

## r**FII==========================================================================================================================~** 

# ) ) Rulem. 

# J and Public Comment Summary

- Page 1

### Tempo) 'ule [ 1Necessary toprotect public health, safety or welfare 

# y­ [ 1Compliance with deadlines in amendments to governing law or _ ,cal programs [ ] Conferring a benefit


### Docket Number: 58-0101-0103 Effective Date: 

### 2002 sine dje Rules Title: Rules for the 

### Control ofAir Pollution in Idaho

Section Existing Rule Summary --­ 

### Temporary and/or Proposed Rule Summary Summary ofRule Changes Based on Public Comment Outstanding Issues 008 Definitions Updates the incorporationby reference of40 CPR Part 70 as used in the definition of "Part 70.» No comments received/no change. None.

107 Various federal and state statutes and rules are incorporated by reference. Updates the federal regulations Incorporated by reference, including the Maximum Achievable Control Technology (MACT) Standards prontulgated as National Emissions Standards for Hazardous Air Pollutants (NESHAPS). No comments received/no change. None.

861 Standards ofPerformance for Hospital/Medical/Infections Waste Incinerators

--­ ---­ 

### Clarifies that all owners or operators of hospital/medical/infectious waste incinerators subject to Section 861 must comply with the provisions of Section 39-128, Idaho Code. No comments received/no change. None.

, - ---­**"'~"** .... ; c"r' \_)**(~** (

- ...) 

### t.;) Rulemaking and Public Comment Summary

- Page 2

### •

### RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY PENDING RULE DOCKET NO. 

## 58-0101-0103

FINAL PROPOSAL The Department of Environmental Quality recommends that the Board of Environmental Quality adoptthe rule as initially proposed in the Idaho Administrative Bulletin, Volume 

## 01­ 7, July

## 4.2001. pages 

## 156 through 

## 164.

## • IDAPA 58

- DEPARTMENT OF ENVIRONMENTAL QUALITY 58.01.01

- RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO DOCKETNO. 58-0101-0103 

# - NOTICE OF PENDING RULE EFFECTIVE DATE: This rule has been adopted by the Board ofEnvironmental Quality (Board) and is now pending review by the 2002 Idaho State Legislature for final approval. The pending rule will become final and effective immediately upon the adjournment sine die ofthe Second Regular Session ofthe Fifty-sixth Idaho Legislature unless prior to that date the rule is rejected, amended or modified by concurrent resolution in accordance with Idaho Code Sections 67-5224 and 67-5291. AUTHORITY: 

### In compliance with Idaho Code Section 67-5224, notice is hereby given that the Board has adopted a pending rule. The action is authorized by Sections 39-105, 39-107, and 39­ 128, Idaho Code. 

### In addition, the this rulemaking updates citations to the federal regulations incorporated by reference as mandated by the U.S. Environmental Protection Agency (EPA) for approval of the state's Title V Operating Pennit Program pursuant to 40 CFR Part 70 and fulfilling the requirements ofIdaho's delegation agreement with EPA under Section 112(1) ofthe Clean Air Act. DESCRIPTIVE SUMMARY: A detailed summary of the reasons for adopting the rule is set forth in the initial proposal published in the Idaho Administrative Bulletin, Volume 01-7, July 4, 2001, pages 156 through 164. The Department ofEnvironmental Quality (DEQ) received no public comments on the proposal and the rule has been adopted as initially proposed. The rulemaking record can be obtained by contactingthe undersigned. GENERAL INFORMATION: For more infonnation about DEQ's programs and activities, visit its web site at www.state.id.us/deq. ASSISTANCE ON TECHNICAL QUESTIONS: For assistance on questions concerning this rulemaking, contact Tim Teater at (208)373-0502, tteater@deq.state.id.us. Dated this

__ day of

_____, 2001.

Paula J. Gradwohl Environmental Quality Section Attorney General's Office 1410N. Hilton Boise, Idaho 83706-1255 (208)373-0418IFax No. (208)373-0481 pgradwoh@deq.state.id.us 

# -

# ------------ ---..

# - IDAHO ADMINISTRATIVECODE IDAPA 58.01.01
- Rules for the Department

### ofEnvironmental Quality Control

### ofAirPollution in Idaho

13. Visibility Impairment. Any humanly perceptible change in visibility (visual range, contrast, coloration) from that which would have existedunder natural conditions. (4-5-00) 

### 008. DEFINITIONS FORTHEPURPOSES OF SECTIONS300 THROUGH 386. 01. Affected States. All States: (5-1-94)


### a. Whose air quality maybe affected bythe emissions ofthe Tier 

### I source and that 

### are contiguous to Idaho; or (5-1-94) 

### b. That 

### are within fifty (50) miles ofthe Tier I source. (5-1-94) 

### OZ. Allowance. An authorization allocated to a Phase 

### II source by the EPA to emit during or after a specified calendaryear, one (I) ton ofsulfw- dioxide. (5-1-94) 

### 03. ApplicableRequirement. All ofthe following ifapproved orpromulgatedbyEPA asthey applyto emissions units in aTierI source (including requirements that havebeenpromUlgatedthrough ruIemaking atthe time ofpermitissuancebutwhich have future-effective compliancedates): (5-1-94)
a. Any standard or other requirement provided for in the applicable state implementation plan, including anyrevisions to thatplan that 

### are specified in 40 CFRParts 52.670 through 52.690. (5-1-94) b. Any term or condition ofany permits to construct issued by the Department pursuant to Sections 200 through 223 or by EPA pursuant to 42 U.S.C. Sections 7401 through 7515; provided that terms or conditions relevant onlyto toxic air pollutants are notapplicable requirements. (4-5-00)
c. Any standard or otherrequirementunder42U.S.c. Section 7411 including40CFRPart 60; (5-1-94) d. Any standard orotherrequirementunder42 U.S.C. Section7412 including 4O,CFR Part 61 and 40 CFRPart 63;
. (5-1-94)
e. Any standard orotherrequirement ofthe acid rainprogramunder42 U.S.C. Sections 7651 through 76510; (5-1-94) f Any requirements established pursuant to 42 U.S.C. Section 7414(a)(3), 42 U.S.C. Section 7661c(b) or Sections 120 through 128 ofthese rules; (3-23-98) 

### g. Any standard or other requirement governing solid waste incineration, under 42 U.S.C. Section 7429; (5-1-94) h. Any standard or other requirement for consumer and commercial products and tank vessels, under 42 U.S.C. Sections 751lb(e)and

### (f); and (5-1-94) 

### i. Any standard orotherrequirementunder42U.S.C. Sections 7671 through 7671qincluding 40 CFR Part 82. (5-1-94) j. Any ambient air quality standard or increment or visibility requirement provided in 42 U.S.c. Sections 7470 through 7492, but only as applied to temporary sources receiving Tier I operating permits under Section324. (5-1-94) 04. Designated Representative. A responsible person or official authorized by the owner or operator ofa Phase II unit to represent the owner or operator in matters pertaining to the holding, transfer, or disposition of allowances allocated to a Phase II unit, and the submission ofand compliance with permits,permit applications, and complianceplansfor the Phase II unit (5-1-94)


# .­ Page 24

# - IDAHOADMINISTRATIVECODE IDAPA 58.01.01
- Rules forthe Departmentof

### Environmental Quality 

### Controlof

### AirPollution in Idaho 

### 05. DraftPermit. The version ofa Tier

### I operatingpermitthat is made available by the Department for publicparticipation and affected State review. (5-1-94) 06. Emergency. For the purposes ofSection 332, an emergency is any situation arising from sudden and reasonably unforeseeable events beyond the control of the owner or operator, including acts of God, which situation requires immediatecorrective actiontorestorenormal operation and that causes the TierI source to exceed a technology-based emission limitation under the Tier I operating permit due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include noncompliance to the extent caused by improperly designed equipment, lack ofpreventative maintenance, careless orimproper operation, oroperator error. (4-5-00) 07. Final Permit. The version of a Tier I permit issued by the Department that has completed an review procedures required in Sections 364 and 366. (5-1-94) 08. General Pennit. A TierI permit issuedpursuant to Section 335. (3-23-98) 09. InsignificantActivity. Thoseactivitiesthat qualifyas insignificant in accordance with Section 317. (3-23-98) 

### 10. Major Facility. A facility (as defined in Section (06) is major ifthe facility meets any ofthe following criteria: (3-23-98)
a. Forhazardous air pollutants: (3-23-98) 

### i. The facility emits orhas the potential to emitten (10) tons peryear (tpy) ormore ofany hazardous air pollutant, other than radionuclides, which has been listed pursuant to 42 U.S.C. Section 7412(b); provided that emissions from any oil orgas exploration orproduction well (with its associated equipment) and emissions from any oil or gas pipeline compressor or pump station shall not be aggregated with emissions from other similar emission units withinthe facility. (5-1-94) ii. The facility emits orhas the potential to emit twenty-five (25) tpy or more ofany combination of any hazardous air pollutants, other than radionuclides, which have been listed pursuant to 42 U.S.C. 7412(b); provided that emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from any oil orgas pipelinecompressororpump station shall not be aggregated with emissions from other similaremission units within the facility. (5-1-94) b. Fornon-attainment areas: (3-23-98) 

### i. The facility is located in a "serious"particulate matter (PM-l0) nonattainment area andthe facility has the potential to emit seventy(70) tpy ormore ofPM-lO. (5-1-94) ii. The facility is located in a "serious" carbon monoxide nonattainment area in which stationary sources are significant contributors to carbon monoxide levels and the facility has the potential to emit fifty (50) tpy ormore ofcarbon monoxide. (5-1-94)
Ill.

.The facility is located in an ozonetransport region established pursuantto42 U.S.C. Section751lc and the facility hasthe potential to emitfifty (50) tpy ormore ofvolatile organic compounds. (5-1-94) iv. The facility is located in an ozone nonattainment area and, dependinguponthe classification ofthe nonattainment area, the facility has the potential to emit the following amounts ofvolatile organic compounds or oxides of nitrogen; provided that oxides of nitrogen shall not 

### be included if the facility has been identified in accordance with 42 U.S.C. Section 741Ia(f)(I) or (2) ifthe area is "marginal" or "moderate", one hundred (100) tpy ormore, ifthe area is "serious", fifty (50) tpy ormore, ifthe area is "severe", twenty-five (25) tpy ormore, and ifthe area is "extreme",ten (10) tpyormore. (3-23-98)
c. The facility emits or has the potential to emit one hundred (100) tons per year or more of any regulated air pollutant listed in Subsections 006.84.a. through 006.84.e. The fugitive emissions shall not 

### be considered in determining whether the facility is major unless the facility belongs to one (I) of the following 

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Page 25IDAHO ADMINISTRATIVECODE IDAPA 58.01.01
- Rules for the 

### DepartmentofEnvironmental Quality ControlofAirPollution in Idaho categories: (4-5-00) 

### i. Designated facilities. (3-23-98) ii. All other source categories regulated by 40 CFR Part 60, 40 CFR Part 61 or40 CFR Part 63, but onlywith respectto those airpollutants thathave been regulated for that category andonly ifdetermined byrule by the AdministratorofEPA pursuantto Section 302(j) ofthe Clean Air Act.· (4-5-00) 

# n. Part 70. Unless specified otherwise in this chapter, all definitions adopted under40 CFR Part 70,

. revised as ofJuly I, 200I, arehereby incorporatedbyreference. (3-15-02) 12. Permit Revision. Anypennitmodification, administrative amendmentorreopening. (3-19-99) 13. PhaseIISource.A source that is subjecttoemissions reduction requirements of42 U.S.C. Section 7651 through 76510 and shall have the meaning given to itpursuanttothose sections. (5-1-94) 14. Phase II Unit. A unit that is subject to emissions reduction requirements of42 U.S.C. Sections 7651 through 76510 and the tenn shall have the meaning given to it pursuant to those sections. (5-1-94) 15. Proposed Permit. The version ofa pennit that the Department proposes to issue and fOlWards to the EPA for review. (5-1-94) 16. Section S02(b)(10) Changes. Changes that contravene an express permit term. Such changes do not include changes that would violate applicablerequirements orcontravene federally enforceable permittenns and conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements. (3-19-99) 17. TierI OperatingPermit. Anypermit covering a TierI source that is issued, renewed, amended, or revisedpursuantto Sections 300through 386. (3-19-99) 009. DEFINITIONS FOR THE PURPOSESOF40 CFR PART 60. Notwithstanding the definitions listed in Sections 006 through 008, the definitions in 40 CFR Part 60 shall have the meaning given in that Part, exceptthat thetenn "Administrator" shall mean "Department". (5-1-94) 010. DEFINITIONS FOR THE PURPOSES OF 40 CFR PART61 AND40 CFRPART 63. Notwithstanding the defmitions listed in Sections 006 through 008, the definitions in 40 CFR Part 61 and 40 CFR Part 63 shall havethemeaning given in those Parts, except thatthe term "Administrator" shall mean "Department". (5-1-94) 011. DEFINITIONS FORTHE PURPOSES OF SECTIONS790 THROUGH 799. 01. BestManagementPractice.Thebestmanagementpractice (BMP)employedwithin an industryto control fugitive emissions. (3-15-02) 02. Control Strategy Trigger. An event or condition that indicates that a control action is needed to prevent violation ofa standard or a provision ofthe rule. (3-15-02) 03. NonmetaDic Mineral Processing Plant. Any combination of equipment that is used to crush or grindanynonmetallic mineral orrock wherever it may be located, including equipment located atlime plants, power plants, steel mills, asphalt concrete plants, portland cement plants, or any other facility or location processing nonmetallic minerals. (3-15-02) 04. NSPS Regulated Facility Or Plant. A facility or processing plant that is subject to a standard, limitation, or otherrequirementof40CFR 60, Standards for the Performance ofNewStationary Sources. (3-15-02) 05. Permit By Rule. A provision of the rules under which a facility or source registers with the Department and meets the specific requirements for that type ofsource. The source is then deemed to have a permit,
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# - IDAHO ADMINISTRATIVECODE IDAPA 58.01.01
- Rules forthe Departmentof Environmental Qualify ControlofAirPollution in Idaho
19. URF. Unit Risk Factorfrom the US Environmental Protection Agency. (S-I-94) 20. WA. From Washington Dept. ofEcology, Air Programs. Acceptable Source ImpactLevel based. (S-I-94) 

### 107. INCORPORATIONSBY REFERENCE. 01. General. Unless expressly provided otherwise, any reference in these rules to any document identified in Subsection 107.03 shall constitute the full incorporation into these rules of that document for the purposes of the reference, including any notes and appendices therein. The term "documents" includes codes, standards or rules which have been adopted by an agency ofthe state or ofthe United States or by any nationally recognized organization or association. (S-I-94) 02. Availability Of Referenced Material. Copies of the documents incorporated by reference into these rules are available at the following locations: (S-I-94)
a. All federal publications: Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402 at (202) 783-3238; and (S-I-94) b. 

### All documents herein incorporated by reference: (7-1-97)

I. 

### Department ofEnvironmental Quality, 1410 N. Hilton, Boise, Idaho 83706-12SS at (208) 373­ OS02. (7-1-97) 

### ii. StateLawLibrary, 4S1 W. State Street, P.O. Box 83720, Boise, Idaho 83720-00S1, (208) 334-3316. (7-1-97) 03. Documents Incorporated 

### By Reference. The following documents are incorporated by reference into these rules: (S-I-94) 

# -

a. Requirements for Preparation, Adoption, and Submittal ofImplementation Plans; Appendix W to Part SI--Guideline onAir Quality Models. 40 CFR Parts SI and S2 revised as ofJuly 1,2001. (3-1S-02) b. Implementation Plan for the Control ofAir Pollution in the State ofIdaho (SIP), Department of Environmental Quality, November 1996. (3-19-99)
c. National Primary and Secondary Ambient Air Quality Standards, 40 CFR Part SO, revised as of July 1,2001. (3-IS-02) d. Requirements for Preparation, Adoption, and Submittal of Implementation Plans, Protection of Visibility, Identification ofIntegral Vistas, Subsection a, 40 CFR Part SI.304(a), revised as ofJuly I, 200I. (3-IS-02)
e. Approval and Promulgation ofImpiementationPlans, 40 CFRPart S2, revised as ofJuly 1,2001. (3-IS-02) f. AmbientAirMonitoring Reference and Equivalent Methods, 40 CFR Part S3, revised as ofJuly I, 2001. (3-IS-02) g. Ambient Air Quality Surveillance, Quality Assurance Requirements for Prevention ofSignificant Deterioration (pSD AirMonitoring), 40 CFR Part S8, Appendix B, revised as ofJuly 1,2001. (3-IS-02) h. Standards ofPerformance for New Stationary Sources, 40 CFRPart 60, revised as ofJuly 1, 200I. (3-1S-02)

I. 

### National Emission Standards for Hazardous Air Pollutants, 40 CFR Part 61, revised as ofJuly I,
Page 28, 

# .

IDAHO ADMINISTRATIVE CODE IDAPA 58.01.01
- Rules forthe Department

### ofEnvironmental Quality Control

### ofAirPollution in Idaho 2001. (3-15-02) j. National Emission Standards for Hazardous Air Pollutants for Source Categories, 4{) CFR Part 63, revised asofJuly 1,2001. (3-15-02) 

## k. Compliance Assurance Monitoring, 40CFR Part64, revised as ofJuly 1, 2001. (3-15-02) 

### 1. Pennits,40 CFRPart

### 72, revised as ofJuly 1,2001. (3-15-02)


### m. SulfurDioxide Allowance System, 40 CFRPart73,revised asofJuly 1, 2001. (3-15-02)
n. Protection ofStratospheric Ozone, 40 CFRPart 82, revised as ofJuly 1,2001. (3-15-02)

o. Clean AirAct, 42 U.S.c. Sections 7401 through 7671g (1997). (3-19-99) p. Detennining Confonnity ofFederal Actions to State orFederal Implementation Plans: Confonnity to State or Federal Implementation Plans ofTransportation 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 ofJuly 1,2001, except that Sections 93.l02(c), 93.l04(d), 93.l04(e)(2), 93.105, 93.l09(c)-(t), 93.l18(e), 93.119(t)(3), 93.l20(a)(2), 93.l21(a)(l), and 93.l24(b) are expressly omitted from the incorporation by reference. (3-15-02) 108. 

### -120. (RESERVED). 121. COMPLIANCE REQUIREMENTS BY DEPARTMENT. Any person engaged in an activitywhichmay violate the airqualityprovisions oftheAct, violatean air qualityorder issued or entered in accordance with the Act or these rules, or violate any ofthese rules, may be required by the Departmentto do any ofthe following: (5-1-94) 01. 

### Schedule. Prepare a proposed schedule whereby the unlawful activity will be brought into compliance over a specified period oftime. (5-1-94) 02. 

### Report. Submit periodic reportstothe Department indicatingprogress in achievingcompliance. (5-1-94) 03. 

### Records. Submit,keep and maintain appropriate records. (5-1-94) 04. 

### Monitoring. Monitor airpollutants at the source, in the ambient air, orin vegetationtodemonstrate compliance. (5-1-94) 05. 

### Episode Plans. Develop emergency episode plans to help prevent ambient air pollution concentrations from reaching levels which would cause substantial endangennentto health orthe environment. (5-1-94) 122. 

### INFORMATION ORDERS BY THE DEPARTMENT. The Departmentmayissue infonnation orders asfollows: (5-1-94) 

### 01. Purpose. Forthe purpose of: (5-1-94)
a. Developing or assisting in the development of any implementation plan, any standard of perfonnance, anyemission standard oranyrule; (5-1-94) b. Detennining whether any person is in violation of any standard ofperfonnance, any emission standard, any implementationplan oranyrule; or (5-1-94)
c. Carrying out any air quality provisions of the Act, any air quality order issued or entered in
Page 19

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# .. IDAHO ADMINISTRAnvECODE IDAPA 58.01.01
- Rules forthe Departmentof

### Environmental Quality Controlof

### AirPollution in Idaho b. The owner oroperator of an existing landfill shall submit a collection and control system design plan within one (l) year ofthe date ofthe first Annual Emission Rate Report showing that the nonmethane organic compound emission rate is fifty (50) Mglyr orgreateras specified in 40 CFR Section 60.752(bX2). (4-5-00)
c. The owneroroperator ofan existing landfill shall awardcontractsforconstruction ofcollectionand control systems ororders forpurchaseofcomponents no later thanJanuary 31, 2002. (4-5-00) d. The owneror operatorofan existing landfill shall initiate on-siteconstruction orinstallation ofthe collection and control systems no laterthan April 30, 2002. (4-5-00)
e. The owner oroperatorofan existing landfill shall complete,no laterthan September 30, 2002, onsite construction orinstallationofcollectionand control systems capable ofmeeting the requirements ofSection 860. (4-5-00) f. Theowneroroperatorofan existing landfill shall complywith Section 860 nolaterthan September 30,2002. (4-5-00) 07. Compliance Schedules And Increments Of Progress For Municipal Solid Waste Landfdls That Have Nonmethane Organic Compound Emission Rates Less Than 50 Mglyr. All owners or operators of landfills subject to Section 860 that have nonmethane organic compound emission rates less than fifty (50) Mglyron or after November 19, 1999 shall install collection and control systems within thirty (30) months after the date the first annual nonmethane organic compound emission rate equals or exceeds fifty (50) 

### Mglyr as specified in 40 CFR Section 60.36c(b). (4-5-00) 861. STANDARDS OF PERFORMANCE FOR HOSPITALIMEDICAlJINFECTIOUS WASTE INCINERATORS THAT COMMENCED CONSTRUCTION AFfER JUNE 20, 1996, OR FOR WHICH MODIFICATION ISCOMMENCEDAFTERMARCH 16, 1998. 01. Applicability. All owners or operators of each individual hospital/medical/infectious waste incinerator for which construction is commenced after June 20, 1996 or for which modification is commenced after March 16, 1998 are subject to Section 861 except as noted in Subsection 861.02. (4-5-00) 02. Exemptions. (4-5-00)
a. A combustor is not subject to Section 861 during periods when onlypathological waste, low-level radioactive waste, and/or chemotherapeutic waste is burned, provided the owner or operator ofthe combustor: (4-5-00) 

### i. Notifies the Department ofan exemptionclaim; and (4-5-00) ii. Keeps records on a calendarquarterbasisofthe periods oftimewhen onlypathological waste, lowlevel radioactive waste and/or chemotherapeutic waste is burned. (4-5-00) b. Any co-fired combustor is not subject to Section 861 if the owner or operator of the co-fired combustor: (4-5-00) 

### i. Notifies the Department ofan exemption claim; (4-5-00) ii. Provides an estimate ofthe relative amounts ofhospital waste, medical/infectious waste, and other fuels and wastes to becombusted; and (4-5-00)
111. Keeps records on a calendar quarter basis ofthe weight ofhospital waste and medical/infectious waste combusted, and the weight ofall otherfuels and wastes combusted atthe co-fired combustor. (4-5-00)
c. Anycombustorrequired to havea permitunderSection3005 ofthe SolidWaste Disposal Actis not subject to Section 861; (4-5-00)

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IDAHOADMINISTRATIVECODE IDAPA 58.01.01 - Rules for the Departmentof Environmental Quality Control

### ofAirPollution in Idaho 

### d. Anycombustorwhich meets the applicability requirements under40 CFR Part 60, Subparts Cb, Ea 

### orEb (relates to certainmunicipal waste combustors) is not subject to Section 861; (4-5-00)
e. Any pyrolysis unitis not subject to Section 861; (4-5-00) f. Cementkilns firing hospital waste and/ormedical/infectious waste are not subjectto Section 861; (4-5-00) g. Physical or operational changes made to an existing hospitaVmedical/infectious waste incinerator solely for the purpose ofcomplying with emission guidelinesunder40 CFR Part 60, Subpart Ce are not considered a modification and do not result in an existing hospital/medical/infectious waste incinerator becoming subject to Section 861; (4-5-00) h. Affected facilities subject to Section 861 are not subject to the requirements of40 CFRPart 64. (4-5-00) 03. Definitions. As used in Section 861, defmitions shall have the meaning given in 40 CFR Part 60 including, but not limited to: (4-5-00)
a. "Chemotherapeutic waste" means waste material resulting from the production or use of antineoplastic agentsusedfor the purpose ofstopping or reversing the growth ofmalignant cells. (4-5-00) b. "Co-firedcombustor"means aunitcombusting hospital waste and/or medicaVinfectious waste with other fuels or wastes (e.g., coal, municipal solidwaste) and subject to an enforceable requirement limiting the unit to combusting afuel feed stream, tenpercent (10%) or less ofthe weight ofwhich is comprised, in aggregate, ofhospital waste and medicaVinfectious waste as measured on a calendar quarter basis. For purposes of this definition, pathological waste, chemotherapeutic waste, and low-level radioactive waste are considered "other" wastes when calculating thepercentage ofhospital waste and medicaVinfectious waste combusted. (4-5-00)
c. "Hospital" means any facility which has an organized medical staff, maintains at least six (6) inpatient beds, and where the primary fimction of the institution is to provide diagnostic and therapeutic patient services and continuous nursing care primarily to human inpatients who are not related and who stay on average in excess oftwenty-four (24) hours per admission. This defmition does not include facilities maintained for the sole purpose ofprovidingnursing orconvalescentcareto human patients who generally are notacutely ill

### but who require continuous medical supervision. (4-5-00) d. ''Hospital/medical/infectious waste incinerator" or HMIWI means any device that combusts any amount ofhospital waste and/ormedical/infectious waste. (4-5-00)
e. "Hospital waste" means discards generated at a hospital, except unused items returned to the manufacturer. This definition doesnotinclude human corpses, remains and anatomicalpartsintended for intennentor cremation. (4-5-00) f. 

### "Infectious agent" means any organism such as a virus or bacteria that is capable of being communicated by 

### invasion and mUltiplication in body tissues and capable of causing disease or adverse health impacts in humans. (4-5-00) g. "Low-level radioactive waste" means waste material which contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities that exceed applicable federal or state standards for unrestricted release. Low-level radioactive waste is not high-level radioactive waste, spentnuclear fuel, orby-product material as defined by

### the Atomic Energy Actof 1954 (42 U.S.C. 2014(e)(2». (4-5-00) h. "MedicaVinfectious waste" means any waste generated in the diagnosis, treatment, or immunization ofhuman beingsoranimals, in researchpertainingthereto, or in the production oftesting ofbiologicals that is listed in Subsections 861.03.h.i. through 861.03.h.vii. The definition ofmedical/infectious waste does not include hazardous waste identified or listed under 40 CFR Part 

### 261; household waste as defmed in 40 CFR Section 261.4(b)(I); ash from incineration ofmedical/infectious waste once the incineration process is completed; human
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IDAHOADMINISTRATIVE CODE Department ofEnvironmental Quality IDAPA 58.01.01
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# -

corpses, remains, and anatomical parts intended for interment orcremation; and domestic sewage materials identified in 40 CFR Section 261.4(a)(1): (4-5-00) i. Cultures and stocks of infectious agents and associated biologicals, including: cultures from medical and pathological laboratories; cultures and stocks of infectious agents from research and industrial laboratories; wastes from the production ofbiologicals; discarded live and attenuated vaccines; and culture dishes and devicesused to transfer, inoculate and mix cultures. (4-5-00) ii. Human pathological waste, including tissues, organs, and body 

### parts and body fluids that are removed during surgery or autopsy, orothermedical procedures, and specimens ofbody fluids and theircontainers. (4-5-00) iii. Human blood andbloodproducts including: (4-5-00) (I) Liquid waste human blood; (4-5-00) (2) Products ofblood; (4-5-00) (3) Items saturated andlor dripping with humanblood; or (4-5-00) (4) Items that were saturated andlor dripping with human blood that are now caked with dried human blood; including serum, plasma, and otherblood components, and their containers which were used or intended for use in eitherpatientcare, testing and laboratory analysis orthedevelopment ofpharmaceuticals. Intravenousbags are also included in this category. (4-5-00) iv. Sharps that have beenused in animal or human patient care or treatment orin medical, research, or industrial laboratories, including hypodermicneedles, syringes (with orwithoutthe attached needle), pasteurpipettes, scalpel blades, blood vials, needles with attached tubing, and culture dishes (regardless ofpresence of infectious agents). Also included are other types ofbroken or unbroken glassware that were in contact with infectious agents, such as used slides and cover slips. (4-5-00) 

# ­

v. Animal waste including contaminated animal carcasses, body parts and bedding ofanimals that were known to have been exposed to infectious agents during research (including research in veterinary hospitals), production ofbiologicals ortesting ofpharmaceuticals. (4-5-00) vi. Isolation wastes including biological waste and discarded materials contaminated with blood, excretions, exudates orsecretions from humans who are isolated toprotect others from certain highly communicable diseases, orisolated animals known to be infected with highly communicable diseases.

. (4-5-00) vii. Unused sharps including the following unused, discarded sharps: hypodermic needles, suture needles, syringes and scalpel blades. (4-5-00) i. "Modification or modified hospital/medical/infectious waste incinerator" means any change to a hospital/medical/infectious waste incineratorunit afterJuly 2, 1999: (4-5...00) (I) The cumulative costs ofthe modifications, over the life ofthe unit, exceed fifty percent (50%) of the original cost of the construction and installation ofthe unit (not including the cost of any land purchased in connection with suchconstruction orinstallation) updated to current costs; or (4-5-00) (2) The change involves a physical change or change in the method of operation of the unit which increasesthe amount ofany airpollutant emittedbythe unitfor which standards havebeen establishedunderSections 129 or 111 ofthe Clean AirAct. (4-5-00) j. "Pathological waste" means waste material consisting of only human or animal remains, anatomical parts, and/or tissue, the bags/containers used to collect and transport the waste material and animal bedding (ifapplicable); (4-5-00)

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### IDAHO ADMINISTRATIVECODE IDAPA 58.01.01
- Rules for the Departmentof

### Environmental Quality Controlof

### AirPollution in Idaho k. ''Pyrolisis'' means the endothermic gasification ofhospital waste and/or medical/infectious waste using external energy. 

### (4-5-00) 04. Requirements. The following requirements apply to all owners oroperators ofHMIWI subject to Section 

### 861. (4-5-00)

a. All owners or operators of hospital/medical/infectious waste incinerators subject to Section 

### 861 must comply with 

### 40 CFR Part 60, Subpart Be as incorporated by reference into these rules at Section 107. Where "Administrator" or "EPA" appears in 

### 40 CFRPart 

### 60, "Department" shall be substituted, exceptin any section of

### 40 CPR Part 

### 60 for which a federal rule or delegation specifically indicates that authority will not be delegated to the state. 

### (4-5-00) b. Beginning September 

### 15, 2000 or on the effective date of an EPA-approved operating permit programunderCleanAirActTitle V andtheimplementingregulationsunder

### 40CPRPart

### 70, whicheverdate is later, affected facilities shall operatepursuantto a permit issued underthe EPA approved state operating permit program. 

### (4-5-00)

c. All owners or operators of hospital/medical/infectious waste incinerators subject to Section 

### 861 must comply withprovisions ofSection 

### 39-128, Idaho Code. 

### (3-15-02) 862. EMISSION GUIDELINES FOR HOSPITALIMEDICALIINFECTIOUS WASTE INCINERATORS THAT COMMENCEDCONSTRUCTION BEFORE JUNE 20, 1996. 01. AppHcabUity. All owners or operators of each individual hospital/medical/infectious waste incinerator for which construction is commenced on or before June 

### 20, 1996, are subject to Section 

### 862 except as noted in Subsection 

### 862.02. (4-5-00) 02. Exemptions. 

### (4-5-00)

a. A combustor is not subject to Section 

### 862 during periods when onlypathological waste, low-level radioactive waste, and/or chemotherapeuticwaste is burned, provided the owneroroperator ofthe combustor: 

### (4-5-00) 

### i. Notifies the Department ofan exemption claim; and 

### (4-5-00) ii. Keepsrecords on a calendarquarter basis oftheperiods oftimewhenonlypathological waste, lowlevel radioactivewaste and/or chemotherapeutic waste is burned. 

### (4-5-00) b. Any co-fired combustor is not subject to Section 

### 862 if the owner or operator of the co-fired combustor: 

### (4-5-00) i. Notifiesthe Department ofan exemption claim; 

### (4-5-00) 

### ii. Provides an estimate ofthe relative amounts ofhospital waste, medical/infectious waste, and other fuels and wastes tobecombusted; and 

### (4-5-00)
lll. Keeps records on a calendar quarter basis ofthe weight ofhospital waste and medical/infectious waste combusted, andthe weight ofall otherfuels and wastes combustedatthe co-fired combustor. 

### (4-5-00)
c. Anycombustorrequiredto have a permitunderSection 

### 3005 ofthe SolidWasteDisposalAct is not subjectto Section 

### 862. (4-5-00) d. Any combustorwhich meets the applicabilityrequirements under40 CPR Part 

### 60, Subparts Cb, Ea orEb (relates to certainmunicipal waste combustors) is not subjectto Section 

### 862. (4-5-00)
e. Anypyrolysis unitisnotsubjectto Section 

### 862. (4-5-00)

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