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 Sixth Avenue 

Seattle, WA 98101 :J...~l(/rf~'I\-tJa-A of f..r,(~/~f" I T{ 'Cr""/ A ~ )::1 itJ/' o.~

Re: State Implementation Plan Rule Revisions HO~f;-t~( /M"iltAII :t:-,J<tth~v5 tJlj<;le. It"l(,,-\ 

Dear Mr. lani: 	 (~~l' A. 2) 

Enclosed for your review and approval are an original and four copies of revisions to the Department of 

Environmental Quality's (DEQ) Rules for the Control of Air Pollution in Idaho, IDAPA 58.01.01. DEO is 

seeking Environmental Protection Agency (EPA) approval of these revisions as an update to the 

contents of 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 Deputy Attorney General assigned to DEO 

was obtained at appropriate times throughout the rule making process. The adoption was made in 

accordance with the requirements of the federal Clean Air Act .and applicable federal regulations. None 

of the revisions included in this submittal reflect a reduction in emission limits. 

A. 	 Rule Revisions Adopted by the Board of Environmental 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 of July 1, 2001. 

IDAPA 58.01.01.861.04.c - HospitaVMedicalllnfectious Waste Incinerators. This revision 

clarifies that all owners or operators of the 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 for fugitive 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 operator to commence 

construction and operation of a source without a permit to 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 of other 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 of Tier I sources and the annual assessment and 

payment of Tier 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. 

If you or your staff have questions concerning any of these rules. please contact me at 208-373-0240. 

My staff are 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 File 
STATE OF IDAHO 

.	DEPARTMENT OF 

ENVIRONMENTAL QUALITY 

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

.C. Stephen Allred. Director 

AMENDMENT TO THE 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 for the Control of Air Pollution in Idaho (Air Rules). 

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

Implementation Plan for the Control of Air Pollution in the State of Idaho (Idaho SIP). The 

changes being submitted were adopted as pending by the Board of Environmental Quality and 

approved by the Idaho Legislature as indicated in the attachment. 

DATED this 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 

- •

-

-


-

-


-
 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) of the 

Clean Air Act. 

PUBLIC HEARING SCHEDULE: Public hearing(s) concerning this proposed rulemaking will be held as follows: 

Wednesday, August 8, 2001, 7 p.m. 


Department of Environmental Quality Conference Center 


1410 N. Hilton, Boise, Idaho. 


The hearing site(s) will be accessible to persons with disabilities. Requests for accommodation must be made not 

later than five (5) days prior to the hearing. For arrangements, contact the undersigned at (208)373-0418. 

DESCRIPTIVE SUMMARY: In 1999 the Department of Environmental 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 of hospitallmedicall 

infectious waste incinerators subject to Section 861 must comply with the provisions of Section 39-128, Idaho Code. 

This proposed rule also update citations to the federal regulations incorporated by reference to July I, 2001 in order to 

maintain conformance with EPA's regulations as well as fulfilling the requirement of Idaho's delegation agreement 

with EPA under Section 112(1) of the Clean Air Act. This includes the Maximum Achievable Control Technology 

( CT) Standards promulgated as National Emissions Standards for Hazardous Air Pollutants (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 of public comments, DEQ intends to present the final proposal to the Board of Environmental 

Quality in October 200 I for adoption of a pending rule. The rules is expected to be final and effective upon the 

conclusion of the 2002 session of the Idaho Legislature. 

NEGOTIATED RULEMAKING: Due to the simple nature of this proposed rule, DEQ did not conduct negotiated 

rule making. 

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 by mail, fax or e-mail at the address below regarding this proposed rule. DEQ 

will consider all written comments received by the undersigned on or before August 10, 200 I. 

DATED this 23rd day of May, 2001. 

IDAHO ADMINISTRATIVE BULLETIN Page 156 July 4, 2001 - Vol. 01-7 
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DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0103 


Rules for the Control ofAir Pollution 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 

THE FOLLOWING IS THE TEXT OF DOCKET NO. 58-0101-0103 

008. DEFINITIONS FOR THE PURPOSES OF SECTIONS 300 THROUGH 386. 

01. Affected States. All States: 	 (5-1-94) 

a. Whose air quality may be affected by the emissions of the 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 of sulfur dioxide. (5-1-94) ­ 03. Applicable Requirement. All of the following if approved or promulgated by EPA as they apply to 

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 that plan that are specified in 40 CFR Parts 52.670 through 52.690. (5-1-94) 

b. Any term or condition of any 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 other requirement under 42 U.S.C. Section 7411 including 40 CFR Part 60; 

(5-1-94) 

d. Any standard or other requirement under 42 U.S.C. Section 7412 including 40 CFR Part 61 and 40 

CFRPart 63; (5-1-94) 

e. Any standard or other requirement ofthe acid rain program under 42 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) 

IDAHO ADMINISTRATIVE BULLETIN Page 157 	 July 4, 2001 - Vol. 01-7 -

DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0103 


Rules for the Control ofAir Pollution in Idaho Proposed Rule 


I. Any standard orotherrequirement under 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 

of a 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 of and compliance with permits, permit applications, and 

compliance plans for the Phase n unit. (5-1-94) 

05. Draft Pennit. The version ofa Tier I operating permit that is made available by the Department for 

public participation and affected State review. (5-1-94) 

06. Emergency. For the purposes of Section 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 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 of preventative maintenance, careless or improper operation, or operator error. (4-5-00) 

07. Final Permit. The version of a Tier I permit issued by the Department that has completed all 

review procedures required in Sections 364 and 366. (5-1-94) 

08. General Permit. A Tier I pennit issued pursuant to Section 335. 	 (3-23-98) 

09. 	 Insignificant Activity. Those activities that qualify 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 of the 

following criteria: (3-23-98) 

a. For hazardous air pollutants: 	 (3-23-98) 

i. The facility emits or has the potential to emit ten (10) tons per year (tpy) or more of any 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 or production 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 of any 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 or gas pipeline compressor or pump station shall not be aggregated with emissions from other 

similar emission units within the facility. (5-1-94) 

b. For non-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 or more 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 or more ofcarbon monoxide. (5-1-94) 

IDAHO ADMINISTRATIVE BULLETIN Page 158 	 July 4, 2001 - VoL 01-7 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0103 


Rules for the Control ofAir Pollution in Idaho Proposed Rule 


lll. The facility is located in an ozone transport region established pursuant to 42 U .S.C. Section 7511c 

and the facility has the potential to emit fifty (50) tpy or more of volatile organic compounds. (5-1-94) 

iv. The facility is located in an ozone nonattainment area and, depending upon the classification of the 

nonattainment area, the facility has the potential to emit the following amounts of volatile 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) if the area is "marginal" or "moderate", one hundred (100) tpy or more, if the area is "serious", fifty (50) fpy or more~ ifthe area is "severe", twenty-five (25) tpy or more, and if the 

area is "extreme", ten (10) tpy or more. (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 if determined by rule by 

the Administrator of EPA pursuant to Section 3020) ofthe Clean Air Act. (4-5-00) 

11. Part 70. Unless specified otherwise in this chapter, all definitions adopted under 40 CFR Part 70, 

revised as of July 1,20001, are hereby incorporated by reference. ~ 

12. Permit Revision. Any permit modification, administrative amendment or reopening. (3-19-99) 

13. Phase II Source. A source that is subject to emissions reduction requirements of 42 U.S.c. Section 

7651 through 76510 and shall have the meaning given to it pursuant to those sections. (5-1-94) 

14. Phase n Unit. A unit that is subject to emissions reduction requirements of 42 U.S.c. Sections 

7651 through 76510 and the term shall have the meaning given to it pursuant to those sections. (5-1-94) 

15. Proposed Permit. The version of a 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. Tier I Operating Permit. Any permit covering a Tier I source that is issued, renewed, amended, or 

revised pursuant to Sections 300 through 386. (3-19-99) 

(BREAK IN CONTINUITY OF SECTIONS) 

107. INCORPORATIONS BY 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 of the state or of the 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 

IDAHO ADMINISTRATIVE BULLETIN Page 159 July 4, 2001 - VoL 01-7 -


::, JJ108 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0103 


Rules for the Control ofAir Pollution In Idaho Proposed Rule 


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 of Environmental Quality, 1410 N. Hilton, Boise, Idaho 83706-12SS at (208) 373­

OS02. (7-1-97) 

ii. 	 State Law Library, 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 of Implementation Plans; Appendix W to 

Part SI--Guideline on Air Quality Models. 40 CFR Parts SI and S2 revised as of July I, 20091. ~ 

b. Implementation Plan for the Control of Air Pollution in the State of Idaho (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 of Implementation Plans, Protection of 

Visibility, Identification ofIntegral Vistas, Subsection a, 40 CFR Part 51.304(a), revised as of July 1, 

~ 

20091. 

- e. Approval and Promulgation ofImplementation Plans, 40 CFR Part 52, revised as of 

~ 

July 1,20091. 

f. Ambient Air Monitoring Reference and Equivalent Methods, 40 CFR Part 53, revised 

~ 

as of July I, 

g. Ambient Air Quality Surveillance, Quality Assurance Requirements for Prevention of Significant 

Deterioration (PSD Air Monitoring), 40 CFR Part 58, Appendix B, revised as of July I, 20001. ~ 

h. Standards of Performance for New Stationary Sources, 40 CFR Part 60, revised as of

~ 

July 1, 20001. 

i. National Emission Standards for Hazardous Air Pollutants, 40 CFR Part 61, revised 

~ 

as of July I, 

j. National Emission Standards for Hazardous Air Pollutants for Source Categories, 40 CFR Part 63, 

revised as of July I, 20001. ~ 

k. Compliance Assurance Monitoring, 40 CFR Part 64, revised as of July I, 20001. 

I. Permits, 40 CFR Part 72, revised as of July I, 20001. 	 ~ 

m. Sulfur Dioxide Allowance System, 40 CFR Part 73, revised as of July], 20091. ~ 

n. Protection of Stratospheric Ozone, 40 CFR Part 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 Docket No. 58·0101·0103 


Rules for the Control ofAir Pol/ution in Idaho Proposed Rule 


o. Clean Air Act, 42 U.S.c. Sections 7401 through 7671g (1997). 	 (3-19-99) 

p. Detennining Confonnity of Federal Actions to State or Federal 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 of July 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. ~ 

(BREAK IN CONTINUITY OF SECTIONS) 

861. STANDARDS OF PERFORMANCE FOR HOSPITALIMEDICALIINFECTIOUS WASTE 

INCINERATORS THAT COMMENCED CONSTRUCTION AFTER JUNE 20, 1996, OR FOR WHICH 

MODIFICATION IS COMMENCED AFTER MARCH 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 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 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 of an exemption claim; and 	 (4-5-00) 

ii. Keeps records on a calendar quarter basis of the 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 of the co-fired 

combustor: (4-5-00) 

i. Notifies the Department of an exemption claim; 	 (4-5-00) 

ii. Provides an estimate of the relative amounts of hospital waste, medical/infectious waste, and other 

fuels and wastes to be combusted; and (4-5-00) 

III. Keeps records on a calendar quarter basis of the weight of hospital waste and medical/infectious 

waste combusted, and the weight of all other fuels and wastes combusted at the co-fired combustor. (4-5-00) 

c. Any combustor required to have a pennit under Section 3005 of the 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 

or Eb (relates to certain municipal waste combustors) is not subject to Section 861; (4-5-00) 

e. Any pyrolysis unit is not subject to Section 861 ; 	 (4-5-00) 

f. 	 Cement kilns 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 under 40 CFR Part 60, Subpart Ce are not considered a 

IDAHO ADMINISTRATIVE BULLETIN Page 161 	 July 4, 2001- Vol. 01-7 
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DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58·0101~0103 

Rules for the Control ofAir Pollution 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 of 40 CFR Part 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 agents used for the purpose of stopping or reversing the growth of malignant cells. (4-5-00) 

b. "Co-flred combustor" means a unit combusting hospital waste and/or medical/infectious waste with 

other fuels or wastes (e.g., coal, municipal solid waste) and subject to an enforceable requirement limiting the unit to 

combusting a fuel feed stream, ten percent (10%) or less ofthe weight of which 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 

calculating the percentage of hospital 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 of twenty-four (24) hours per admission. This definition does not include facilities maintained for the sole 

purpose ofproviding nursing or convalescent care to human patients who generally are not acutely 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 of hospital 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. This definition does not include human corpses, remains and anatomical parts intended for interment or 

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 nuclear fuel, or by-product material as defined by the Atomic Energy Act 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 or animals, in research pertaining thereto, or in the production oftesting ofbiologicals 

that is listed in Subsections 861.03.h.i. through 861.03.h.vii. The definition of medical/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 of medicaliinfectious 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 of biologicals; 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 
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DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58·0101·0103 


Rules for the Control ofAir Pollution in Idaho Proposed Rule 


(4-5-00) 

iii. Human blood and blood products including: (4-5-00) 

(1) Liquid waste human blood; (4-5-00) 

(2) Products of blood; (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 patient care, testing and laboratory analysis or the development ofphannaceuticals. Intravenous bags are 

also included in this category. (4-5-00) 

iv. Sharps that have been used in animal or human patient care or treatment or in medical, research, or 

industrial laboratories, including hypodermic needles, syringes (with or without the attached needle), pasteur pipettes, 

scalpel blades, blood vials, needles with attached tubing, and culture dishes (regardless of presence of infectious 

agents). Also included are other types of broken 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 of biologicals or testing of pharmaceuticals. (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 after July 2, 1999: (4-5-00) 

(I) The cumulative costs of the modifications, over the life of the unit, exceed fifty percent (50%) of 

the original cost of the construction and installation of the unit (not including the cost of any land purchased in 

connection with such construction or installation) 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 

increases the amount ofany air pollutant emitted by the unit for which standards have been established under Sections 

129 or 111 of the 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 of hospital waste and/or medicallinfectious waste 

using external energy. (4-5-00) 

04. Requirements. The following requirements apply to all owners or operators of HMIWI 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 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 of 40 

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 Docket No. 58·0101·0103 


Rules for the Control ofAir Pollution in Idaho Proposed Rule 


state. (4-5-00) 

b. Beginning September 15, 2000 or on the effective date of an EPA-approved operating permit 

program under Clean Air Act Title V and the implementing regulations under 40 CFR Part 70, whichever date is later, 

affected facilities shall operate pursuant to a permit issued under the EPA approved state operating permit program. 

(4-5-00) 

£... All owners or operators of hospitaVmedicaVinfectious 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 
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,.. . 

( 

Bulletin Summary of 

Proposed Rulemakings 

PUBLIC NOTICE 


OF INTENT TO PROPOSE OR PROMULGATE 


NEW OR CHANGED AGENCY RULES 


The following agencies of the state of Idaho have published the complete text and all related, pertinent infonnation 

concerning their intent to change or make the following rules in the new issue of the 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. Comment By: 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 of dead 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 of disposal in emergency situations; and provides for extenuating circumstances. Comment By: 

7125/01. 

IDAPA 07 - DIVISION OF BUILDING SAFETY 


277 N. 6th, Boise, ID 83720 


Docket No. 07-0205-0101, Rules Governing Plumbing Safety Licensing. Requires an applicant for the journeyman 


exam to pass the exam within a 6 month period or applicant must obtain additional education. Comment By: 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 and provides for enforcement and administration ofthe Idaho Unifonn School Building Safety 

Act by the Administrator ofthe Division ofBuilding Safety. Comment By: 7/25/01. 

IDAPA 11 - IDAHO STATE POLICE 

P.O. Box 700, Meridian, ID 83680-0700 

Docket No. 11-1101-0101, Rules of the Idaho Peace Officer Training and Safety Council. Defmes "crime of deceit" 

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 1 year. Comment By: 7125/01. 

IDAPA 15 - OFFICE OF THE GOVERNOR 

IDAHO COMMISSION FOR THE BLIND AND 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 of the Program and its participants. Comment By: 7125/01. 

IDAHO ADMINISTRATIVE BULLETIN Page 230 July 4, 2001 - VoL 01-7 
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IDAHO ADMINISTRATIVE BULLETIN Summary ofProposed Rulemakings 

IDAPA 16 - DEPARTMENT OF HEALTH AND WELFARE 

PO Box 83720, Boise, ID 83720-0036 

Docket No. 16-0309-0104, Rules Governing the Medical Assistance Program. Clarifies that blood lead level testing is 

to be part of the Early Periodic Screening, Diagnosis, and Treatment (EPSDT) screen in conformance with federal 

law and regulations. Comment By: 7125/0 I. 

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 amended from 133% to 150% of poverty; changes IRA lump sum payments to IRA and other retirement plan 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 and percentages to year 

2001 amounts. Comment By: 7125/01. 

IDAPA 31 - PUBLIC UTILITIES COMMISSION 

PO Box 83720, Boise, ID 83720-0074 

Docket No. 31-4101-0101, The Telephone Customer Relations Rules. Adopts the FCC slamming rules which prohibit 

a telecommunications carrier from submitting or executing an unauthorized change in a telephone customer's 

selection of a provider for local or long-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 SECRETARY OF 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 Revised Article Nine ofthe Uniform 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 

Docket No. 38-0501-0101, Rules of the Division of Purchasing. Repeal ofchapter. Comment By: 7/25/01. 

Docket No. 38-0501-0102, Rules of the Division of Purchasing. Rewrite of chapter implements statutory changes to 

purchasing statutes effective July I, 200 I. 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 of Temporary Permits in Lieu of Full Registration. Changes 

conform to statutory changes which modify the duration and fees charged for temporary permits and provides a new 

type of permit to authorize temporary operation of vehicles in excess of their 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 -

• 

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IDAHO ADMINISTRATIVE BULLETIN Summary ofProposed 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 - DEPARTMENT OF ENVIRONMENTAL QUALITY 

1410 N. Hilton, Boise, Idaho 83706-1255 

Docket No. 58-0101-0103, Rules for the Control of Air Pollution in Idaho. Clarifies that all owners or operators of 

hospital/medical/ infectious waste incinerators subject to Rule Section 861 must comply with the provisions of 

Section 39-128, Idaho Code; and updates citations to the federal regulations incorporated by reference to July 1, 

2001. Comment By: 8/10/01. 

Docket No. 58-0106·0101, Solid Waste Management Rules. Rewrite of chapter 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. Comment By: 8/3/0 I. 


Docket No. 58-0106-0101, Solid Waste Management Rules. Repeal of chapter. Comment By: 8/3/0 I. 


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. Comment By 7/25/0 I. 


PUBLIC HEARINGS - Public Hearings Have Been Scheduled For The Following Dockets: 


Department of Agriculture 


Docket No. 02·0403-0002, Rules Governing Animal Industry. 


Docket No. 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 of Air Pollution in Idaho - Comment By: 8/1 % 1. 


Docket No. 58-0106-0101 and 58-0106-0102, Solid Waste Management Rules - Comment By: 8/3/01. 


PUBLIC COMMENT PERIOD - The Public Comment Period For The Following Docket Has Been Extended: 


Department ofLands 


Docket No. 20-0314-0101, Grazing Leases and Cropland Leases - Comment deadline: 7/16/01. 


Please refer to the Idaho Administrative Bulletin, July 4, 2001, Volume 01-7 for notices and text of all rulemakings, 


public hearing schedules, Governor's executive orders, and agency contact names. 


Citizens of your 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 July 4, 1001· Vol. 01-7 
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CERTIFICATE OF HEARING 

SUBJECT: Rules for the Control of Air 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 of August. 2001. a public hearing was held on the Rules for the Control of Air 

Pollution in Idaho. Docket No. 58-0101-0103, at the 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 of this 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 of August. 2001. 

Hearing Facilitator 

CERTIFICATE OF HEARING 

-


-, 

- PUBLIC COMMENTS 


Rules for the Control of Air 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 

RECEIVED Boise, lD 83720-0054 

208/334-2475; Fax 334-2125 

www.state.id.us/legislat JUN 14 2001 June 13, 2001 

omce of the Attomey 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 JeffYoutz, 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(alure 



STATE 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 of Air 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 of Ada 

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-his halm, 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 156 through 164. 

-

INITIALS 

RULE PROMULGATION AUTHORITY CHECKLIST 

IDAPA 58.01.01, Rules for the Control of Air 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

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

-. 1# ~ /Aupc?ti 

Director Approval of Temporary Rule Docket (~,. 

,fIJ/fL ~. Board Approval of Temporary Rule 

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

~ 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 of Air 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 of the Second Regular Session of the 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. Jand Public Comment Summary - Page 1 
Tempo) 'ule 	 [ 1 Necessary to protect public health, safety or welfare y­ [ 1 Compliance 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 of Air Pollution in Idaho 

Section Existing Rule Summary 

--­

Temporary and/or Proposed 

Rule Summary 

Summary of Rule Changes 

Based on Public Comment 

Outstanding Issues 

008 Definitions 

Updates the incorporation by 

reference of 40 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 of Performance 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 adopt the 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 

DOCKET NO. 58-0101-0103 

NOTICE OF PENDING RULE - EFFECTIVE DATE: This rule has been adopted by the Board of Environmental 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 of the Second 

Regular Session of the 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) of the 

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 of Environmental 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 contacting the 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 

1410 N. Hilton 

Boise, Idaho 83706-1255 

(208)373-0418IFax No. (208)373-0481 

pgradwoh@deq.state.id.us 

-

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 IDAHO ADMINISTRATIVE CODE IDAPA 58.01.01 - Rules for the 


Department of Environmental Quality Control ofAir Pollution in Idaho 


13. Visibility Impairment. Any humanly perceptible change in visibility (visual range, contrast, 

coloration) from that which would have existed under natural conditions. (4-5-00) 

008. DEFINITIONS FOR THE PURPOSES OF SECTIONS 300 THROUGH 386. 

01. Affected States. All States: 	 (5-1-94) 

a. Whose air quality may be affected by the 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 calendar year, one (I) ton ofsulfw- dioxide. (5-1-94) 

03. Applicable Requirement. All ofthe following ifapproved or promulgated by EPA as they apply to 

emissions units in a Tier I source (including requirements that have been promUlgated through ruIemaking 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 that plan that are specified in 40 CFR Parts 52.670 through 52.690. (5-1-94) 

b. Any term or condition of any 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 other requirement under 42 U .S.c. Section 7411 including 40 CFR Part 60; 

(5-1-94) 

d. Any standard or other requirement under 42 U.S.C. Section 7412 including 4O,CFR Part 61 and 40 

CFR Part 63; . (5-1-94) 

e. Any standard or other requirement ofthe acid rain program under 42 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 or other requirement under 42 U.S.C. Sections 7671 through 7671q including 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 

Section 324. (5-1-94) 

04. Designated Representative. A responsible person or official authorized by the owner or operator 

of a 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 of and compliance with permits, permit applications, and 

compliance plans for the Phase II unit (5-1-94) 

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IDAHO ADMINISTRATIVE CODE IDAPA 58.01.01 - Rules for the - Department of Environmental Quality Control ofAirPollution in Idaho 

05. Draft Permit. The version of a Tier I operating permit that is made available by the Department for 

public participation and affected State review. (5-1-94) 

06. Emergency. For the purposes of Section 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 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 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 of preventative maintenance, careless or improper operation, or operator 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 Tier I permit issued pursuant to Section 335. 	 (3-23-98) 

09. 	 Insignificant Activity. Those activities that qualify as insignificant in accordance with Section 317. 

(3-23-98) 

10. Major Facility. A facility (as defined in Section (06) is major if the facility meets any of the 

following criteria: (3-23-98) 

a. For hazardous air pollutants: 	 (3-23-98) 

i. The facility emits or has the potential to emit ten (10) tons per year (tpy) or more of any 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 or production 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 of any 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 or gas pipeline compressor or pump station shall not be aggregated with emissions from other 

similar emission units within the facility. (5-1-94) 

b. For non-attainment areas: 	 (3-23-98) 

i. The facility is located in a "serious" particulate matter (PM-l 0) nonattainment area and the facility 

has the potential to emit seventy (70) tpy or more 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 

or more of carbon monoxide. (5-1-94) 

Ill. .The facility is located in an ozone transport region established pursuant to 42 U.S.C. Section 751lc 

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 of the 

nonattainment area, the facility has the potential to emit the following amounts of volatile 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) if the area is "marginal" or "moderate", one hundred (100) tpy 

or more, ifthe area is "serious", fifty (50) tpy or more, if the area is "severe", twenty-five (25) tpy or more, and ifthe 

area is "extreme", ten (10) tpy or more. (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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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 pollutants that have been regulated for that category and only if determined by rule by 

the Administrator ofEPA pursuant to Section 302(j) ofthe Clean Air Act.· (4-5-00) 

n. Part 70. Unless specified otherwise in this chapter, all definitions adopted under 40 CFR Part 70, . 

revised as of July I, 200 I, are hereby incorporated by reference. (3-15-02) 

12. Permit Revision. Any pennit modification, administrative amendment or reopening. (3-19-99) 

13. Phase II Source. A source that is subject to emissions reduction requirements of42 U.S.C. Section 

7651 through 76510 and shall have the meaning given to itpursuantto those sections. (5-1-94) 

14. Phase II Unit. A unit that is subject to emissions reduction requirements of 42 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 of a 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 applicable requirements or contravene federally enforceable permit tenns and 

conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification 

requirements. (3-19-99) 

17. Tier I Operating Permit. Any permit covering a Tier I source that is issued, renewed, amended, or 

revised pursuant to Sections 300 through 386. (3-19-99) 

009. DEFINITIONS FOR THE PURPOSES OF 40 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, except that the tenn "Administrator" shall mean "Department". (5-1-94) 


010. DEFINITIONS FOR THE PURPOSES OF 40 CFR PART 61 AND 40 CFR PART 63. 


Notwithstanding the defmitions listed in Sections 006 through 008, the definitions in 40 CFR Part 61 and 40 CFR 


Part 63 shall have the meaning given in those Parts, except that the term "Administrator" shall mean "Department". 


(5-1-94) 

011. DEFINITIONS FOR THE PURPOSES OF SECTIONS 790 THROUGH 799. 

01. Best Management Practice. The best management practice (BMP) employed within an industry to 

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 of a standard or a provision ofthe rule. (3-15-02) 

03. NonmetaDic Mineral Processing Plant. Any combination of equipment that is used to crush or 

grind any nonmetallic mineral or rock wherever it may be located, including equipment located at lime 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 other requirement of40 CFR 60, Standards for the Performance ofNew Stationary 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, 

Page 26 
IDAHO 

Department 

ADMINISTRATIVE 

ofEnvironmental 

CODE 

Qualify Control 

IDAPA 

of

58.01.01 

AirPollution - Rules in 

for 

Idaho 

the - 19. URF. Unit Risk Factor from the US Environmental Protection Agency. 	 (S-I-94) 

20. 	 WA. From Washington Dept. of Ecology, Air Programs. Acceptable Source Impact Level based. 


(S-I-94) 


107. INCORPORATIONS BY 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 of the state or of the 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 of Environmental Quality, 1410 N. Hilton, Boise, Idaho 83706-12SS at (208) 373­

OS02. (7-1-97) 

ii. 	 State Law Library, 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 of Implementation Plans; Appendix W to 

Part SI--Guideline on Air Quality Models. 40 CFR Parts SI and S2 revised as ofJuly 1,2001. (3-1S-02) 

b. Implementation Plan for the Control of Air Pollution in the State of Idaho (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 of Integral Vistas, Subsection a, 40 CFR Part SI.304(a), revised as ofJuly I, 200 I. 

(3-IS-02) 

e. 	 Approval and Promulgation ofImpiementation Plans, 40 CFR Part S2, revised as ofJuly 1,2001. 


(3-IS-02) 


f. Ambient Air Monitoring 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 of Significant 

Deterioration (pSD Air Monitoring), 40 CFR Part S8, Appendix B, revised as of July 1,2001. (3-IS-02) 

h. 	 Standards ofPerformance for New Stationary Sources, 40 CFR Part 60, revised as ofJuly 1, 200 I. 


(3-1S-02) 


I. National Emission Standards for Hazardous Air Pollutants, 40 CFR Part 61, revised as of July I, 

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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, 40 CFR Part 64, revised as of July 1, 2001. (3-15-02) 

1. Pennits,40 CFR Part 72, revised as ofJuly 1,2001. 	 (3-15-02) 

m. Sulfur Dioxide Allowance System, 40 CFR Part 73, revised as ofJuly 1, 200 1. (3-15-02) 

n. Protection ofStratospheric Ozone, 40 CFR Part 82, revised as ofJuly 1,2001. (3-15-02) 

o. Clean Air Act, 42 U.S.c. Sections 7401 through 7671g (1997). 	 (3-19-99) 

p. Detennining Confonnity of Federal Actions to State or Federal Implementation Plans: Confonnity 

to State or Federal Implementation 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 1,2001, 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 activity which may violate the air quality provisions ofthe 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 the 


Department to 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 reports to the Department indicating progress in achieving compliance. 

(5-1-94) 

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

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

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 endangennent to health or the environment. 

(5-1-94) 

122. INFORMATION ORDERS BY THE DEPARTMENT. 


The Department may issue infonnation 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 

perfonnance, any emission standard or any rule; (5-1-94) 

b. Detennining whether any person is in violation of any standard of perfonnance, any emission 

standard, any implementation plan or any rule; or (5-1-94) 

c. Carrying out any air quality provisions of the Act, any air quality order issued or entered in 

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IDAHO ADMINISTRAnvE CODE IDAPA 58.01.01 - Rules for the 


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b. The owner or operator of an existing landfill shall submit a collection and control system design 

plan within one (l) year of the date ofthe first Annual Emission Rate Report showing that the nonmethane organic 

compound emission rate is fifty (50) Mglyr or greater as specified in 40 CFR Section 60.752(bX2). (4-5-00) 

c. The owner or operator ofan existing landfill shall award contracts for construction ofcollection and 

control systems or orders for purchase of components no later than January 31, 2002. (4-5-00) 

d. The owner or operator of an existing landfill shall initiate on-site construction or installation of the 

collection and control systems no laterthan April 30, 2002. (4-5-00) 

e. The owner or operator of an existing landfill shall complete, no later than September 30, 2002, onsite construction or installation ofcollection and control systems capable ofmeeting the requirements ofSection 860. 

(4-5-00) 

f. The owner or operator of an existing landfill shall comply with Section 860 no later than 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) Mglyr on 

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 IS COMMENCED AFTER MARCH 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 only pathological 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 exemption claim; and (4-5-00) 

ii. Keeps records on a calendar quarter basis of the 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 of the co-fired 

combustor: (4-5-00) 

i. Notifies the Department of an 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) 

111. Keeps records on a calendar quarter basis of the weight of hospital 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 combustor required to have a permit under Section 3005 ofthe Solid Waste Disposal Act is not 

subject to Section 861; (4-5-00) 

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d. Any combustor which meets the applicability requirements under 40 CFR Part 60, Subparts Cb, Ea 

or Eb (relates to certain municipal waste combustors) is not subject to Section 861; (4-5-00) 

e. Any pyrolysis unit is not subject to Section 861; 	 (4-5-00) 

f. 	 Cement kilns 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 hospitaVmedical/infectious waste incinerator 

solely for the purpose of complying with emission guidelines under 40 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 of 40 CFR Part 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 agents used for the purpose of stopping or reversing the growth ofmalignant cells. (4-5-00) 

b. "Co-fired combustor" means a unit combusting hospital waste and/or medicaVinfectious waste with 

other fuels or wastes (e.g., coal, municipal solid waste) and subject to an enforceable requirement limiting the unit to 

combusting a fuel feed stream, ten percent (10%) or less of the 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 the percentage 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 of twenty-four (24) hours per admission. This defmition does not include facilities maintained for the sole 

purpose ofproviding nursing or convalescent care to human patients who generally are not acutely 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/or medical/infectious waste. (4-5-00) 

e. "Hospital waste" means discards generated at a hospital, except unused items returned to the 

manufacturer. This definition does not include human corpses, remains and anatomical parts intended for intennent or 

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 nuclear fuel, 

or by-product material as defined by the Atomic Energy Act of 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 beings or animals, in research pertaining thereto, or in the production of testing ofbiologicals 

that is listed in Subsections 861.03.h.i. through 861.03.h.vii. The definition of medical/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 of medical/infectious waste once the incineration process is completed; human 

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Department ofEnvironmental Quality 

IDAPA 58.01.01 - Ru#f1S for the 

Control ofAirPollution in Idaho - corpses, remains, and anatomical parts intended for interment or cremation; 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 

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. 

(4-5-00) 

iii. Human blood and blood products including: (4-5-00) 

(I) Liquid waste human blood; (4-5-00) 

(2) Products ofblood; (4-5-00) 

(3) Items saturated andlor dripping with human blood; 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 other blood components, and their containers which were used or intended for 

use in either patient care, testing and laboratory analysis or the development ofpharmaceuticals. Intravenous bags are also included in this category. (4-5-00) 

iv. Sharps that have been used in animal or human patient care or treatment or in medical, research, or industrial laboratories, including hypodermic needles, syringes (with or without the attached needle), pasteur pipettes, 

scalpel blades, blood vials, needles with attached tubing, and culture dishes (regardless of presence of infectious 

agents). Also included are other types of broken 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 of biologicals 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 after July 2, 1999: (4-5...00) 

(I) The cumulative costs of the modifications, over the life of the unit, exceed fifty percent (50%) of 

the original cost of the construction and installation of the unit (not including the cost of any land purchased in 

connection with such construction or installation) 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 

increases the amount ofany air pollutant emitted by the unit for which standards have been established under 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 (if applicable); (4-5-00) 

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k. ''Pyrolisis'' means the endothermic gasification of hospital waste and/or medical/infectious 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 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 CFR Part 60, "Department" shall be substituted, except in any section of40 

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 

program under Clean Air Act Title V and the implementing regulations under 40 CPR Part 70, whichever date is later, 

affected facilities shall operate pursuant to a permit issued under the 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 with provisions of Section 39-128, Idaho Code. (3-15-02) 

862. EMISSION GUIDELINES FOR HOSPITALIMEDICALIINFECTIOUS WASTE INCINERATORS 

THAT COMMENCED CONSTRUCTION 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 only pathological 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 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 862 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 of hospital waste, medical/infectious waste, and other 

fuels and wastes to be combusted; and (4-5-00) 

lll. Keeps records on a calendar quarter basis of the weight of hospital 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 combustor required to have a permit under Section 3005 ofthe Solid Waste Disposal Act is not 

subject to Section 862. (4-5-00) 

d. Any combustor which meets the applicability requirements under 40 CPR Part 60, Subparts Cb, Ea 

or Eb (relates to certain municipal waste combustors) is not subject to Section 862. (4-5-00) 

e. Any pyrolysis unit is not subject to Section 862. (4-5-00) 

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