State Implementation Plan Update

With Regard to the

2010 Nitrogen Dioxide (NO2)

National Ambient Air Quality Standard

Regarding Clean Air Act Sections 110(a)(1) and (a)(2)

State of Idaho

Department of Environmental Quality

1410 North Hilton

Boise, Idaho 83706

July 2013
Certification of SIP Adequacy for the 2010 NO2 NAAQS

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Contents

Background ..................................................................................................................................... 1

Explanation of SIP Adequacy......................................................................................................... 2

Appendix A. Letter of Approval for Idaho’s Ambient Air Monitoring Network Plan................. 11
Certification of SIP Adequacy for the 2010 NO2 NAAQS

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Background

The purpose of this document is to provide the US Environmental Protection Agency (EPA) with

certification that the Idaho State Implementation Plan (SIP) for air quality adequately meets the

"infrastructure" requirements of 42 USC §7410 (sections 110(a)(1) and (a)(2) of the Clean Air

Act [CAA]).

To comply with section 110(a)(1), each state must adopt and submit to EPA a plan that provides

for implementation, maintenance, and enforcement of any newly promulgated national primary

ambient air quality standard. This plan is due within 3 years of promulgation of the standard or a

shorter period if required by the final rule. The state must provide reasonable notice and public

hearing prior to submitting the plan to EPA.

The revised nitrogen dioxide national ambient air quality standard (NAAQS) was promulgated

on January 22, 2010. In accordance with section 110(a)(1), Idaho is submitting this plan to meet

the infrastructure requirements of sections 110(a)(1) and (a)(2). The following table

demonstrates how Idaho meets each of the applicable requirements of section 110(a)(2).

Idaho’s air quality laws are located in the Idaho Environmental Protection and Health Act

(EPHA), Idaho Code 39-101 through 39-130. The “Rules for the Control of Air Pollution in

Idaho” are located at IDAPA 58.01.01. The table that follows presents a listing of the CAA

section 110(a)(2) SIP requirements and a very brief explanation of how Idaho’s EPHA and

IDAPA rules satisfy those requirements for the 2010 nitrogen dioxide NAAQS.
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Explanation of SIP Adequacy

Clean Air Act section (SIP

requirements) How Idaho addressed the §110(a)(2) requirements

§110(a)(2)(A)

Include enforceable emission limitations

and other control measures, means, or

techniques (including economic

incentives such as fees, marketable

permits, and auctions of emissions

rights), as well as schedules and

timetables for compliance, as may be

necessary or appropriate to meet the

applicable requirements of this act;

 Idaho Code 39-105(3)(d) provides the Idaho Department of Environmental Quality (DEQ)

broad power to supervise and administer a system to safeguard air quality.

 Idaho Code 39-115 provides authority for issuance of air quality permits.

 Idaho Code 39-116 provides authority to establish compliance schedules.

Rules relating to air quality permits and fees:

 IDAPA 58.01.01.200–228 addresses permits to construct.

 IDAPA 58.01.01.300–399 addresses Tier I operating permits.

 IDAPA 58.01.01.400–410 addresses operating permits pre-dating Title V (i.e., Tier II

operating permits).

Rules for open burning, fugitive emissions, and visible emission requirements:

 IDAPA 58.01.01.600–624 includes the rules for the control of open burning.

 IDAPA 58.01.01.625 includes specific visible emission requirements and testing.

Rules addressing other economic incentives:

 IDAPA 58.01.01.460–461 addresses banking of emissions.

Together these statutes and rules provide DEQ the authority to regulate the discharge of air

pollutants and to promulgate rules to establish standards for emissions for ambient air quality.

§110(a)(2)(B)

Provide for establishment and operation

of appropriate devices, methods,

systems, and procedures necessary to—

(i) monitor, compile, and analyze data

on ambient air quality, and

(ii) upon request, make such data

available to the Administrator;

 IDAPA 58.01.01.107 incorporates 40 CFR Parts 50, 53, and 58 Appendix B.

 IDAPA 58.01.01.576.05 incorporates 40 CFR Parts 50 and 53 for defining ambient air

monitoring methods.

The above rules give Idaho authority to implement ambient air monitoring surveillance

systems in accordance with the requirements of referenced sections of the CAA. The collected

information is analyzed and submitted to EPA.

EPA approved the 2012 Idaho Annual Ambient Air Monitoring Network Plan in a letter from

Debra Suzuki on October 25, 2012 (Appendix A). DEQ’s annual air network monitoring plan,

air quality monitoring summaries, a map of the state’s air monitoring network, and a link to

real-time air monitoring are available at http://www.deq.idaho.gov/airquality/monitoring/monitoring-network.aspx.
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§110(a)(2)(C)

Include a program to provide for the

enforcement of the measures described

in subparagraph (A), and regulation of

the modification and construction of any

stationary source within the areas

covered by the plan as necessary to

assure the national ambient air quality

standards are achieved, including a

permit program as required in parts C

and D;

 Idaho Code 39-108 (Administrative and Civil Enforcement) provides DEQ with the

authority to enforce both administratively and civilly the EPHA or any rule, permit, or

order pursuant to EPHA.

 Idaho Code 39-109 contains criminal enforcement authority.

 Idaho Code 39-112 provides for emergency orders.

 IDAPA 58.01.01.200–228 contains the procedures and requirements for permits to

construct.

Also see §110(a)(2)(A) discussion and sections relating to air quality permits (page 2).

Initial prevention of significant deterioration (PSD) delegation was provided in a memorandum

of understanding from Gary L. O’Neal, Region 10 air and toxics division director, on

November 28, 1986. DEQ’s PSD program is federally approved and covers all regulated

pollutants. The regulations for 40 CFR 52.683 are available at

http://www.gpo.gov/fdsys/granule/CFR-2011-title40-vol3/CFR-2011-title40-vol3-sec52-

683/content-detail.html.

DEQ updates ambient air quality standards and changes to the PSD program (such as

increments, significant impact levels, significant monitoring concentrations, definitions of

major, etc.) as part of the annual incorporation-by-reference (IBR) rulemaking. These IBR

updates, along with IDAPA 58.01.01.200–228, cover both major and minor permitting

requirements for new and modified sources, and IDAPA 58.01.01.575–587 (Air Quality

Standards and Area Classification) provides DEQ with the authority to implement the PSD and

new source review (NSR) programs.
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§110(a)(2)(D)

Contain adequate provisions—

(i) prohibiting, consistent with the

provisions of this title, any source or

other type of emissions activity within

the State from emitting any air

pollutant in amounts which will—

(I) contribute significantly to

nonattainment in, or interfere with

maintenance by, any other State with

respect to any such national primary

or secondary ambient air quality

standard, or

(II) interfere with measures required

to be included in the applicable

implementation plan for any other

State under part C to prevent

significant deterioration of air quality

or to protect visibility,

(ii) insuring compliance with the

applicable requirements of sections

126 and 115 (relating to interstate and

international pollution abatement);

(D)(i)(I):

On February 12, 2012, EPA issued a final rule designating all areas of the country as

“unclassifiable/attainment” for the 2010 nitrogen dioxide NAAQS.1Therefore, at this time Idaho

has not been shown to significantly contribute to nonattainment or interfere with maintenance of

the 2010 nitrogen dioxide NAAQS in another state. Until the EME Homer City Generation,

L.P., v. EPA, 696 F .3d 7, decision is reversed or otherwise modified by the Supreme Court,

states are not required to submit section 110(a)(2)(D)(i)(I). Pending this decision and EPA’s

policy and implementation guidance, Idaho will submit an interstate transport SIP to satisfy the

requirements of this section.

(D)(i)(II) regarding part C (PSD):

DEQ received delegation of the PSD program on November 28, 1986, from Gary L. O’Neal,

Region 10 air and toxics division director. DEQ’s PSD program is federally approved and

covers all regulated pollutants. The regulations for 40 CFR 52.683 are available at

http://www.gpo.gov/fdsys/granule/CFR-2011-title40-vol3/CFR-2011-title40-vol3-sec52-

683/content-detail.html.

On December 27, 2010, EPA approved numerous revisions to Idaho’s SIP. Many of these

revisions related to Idaho’s permitting and PSD program.2 Additional rules were submitted and

approved on June 20, 2012 (see Federal Register 41916).

Also see §110(a)(2)(C) requirements discussed above (page 3).

 IDAPA 58.01.01.209 provides notice and comment procedures for various permit actions

with regard to the public and to appropriate federal, state, international, and local agencies.

(D)(i)(II) regarding visibility:

The DEQ regional haze SIP (submitted October 25, 2010) was approved in the following

Federal Registers: June 9, 2011 (76 FR 33651); June 22, 2011 (76 FR 36329); and November 8,

2012 (77 FR 66929). Idaho’s regional haze/visibility SIP shows a 20% decrease in projected

nitrate emissions.

1

“Air Quality Designation for the 2010 Primary Nitrogen Dioxide (N02) National Ambient Air Quality Standards,” Federal Register, Vol. 77, No.33 (February

17, 2012: 9532).

2

“Approval and Promulgation of Implementation Plans; Idaho,” Action: Final Rule, Federal Register Vol. 75, No. 227 (November 26, 2010), pp. 72719–72727.

Available at http://edocket.access.gpo.gov/2010/2010-29628.htm.
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§110(a)(2)(E)

Provide

(i) necessary assurances that the State

(or, except where the Administrator

deems inappropriate, the general

purpose local government or

governments, or a regional agency

designated by the State or general

purpose local governments for such

purpose) will have adequate personnel,

funding, and authority under State

(and, as appropriate, local) law to carry

out such implementation plan (and is

not prohibited by any provision of

Federal or State law from carrying out

such implementation plan or portion

thereof),

(ii) requirements that the State comply

with the requirements respecting State

boards under section 128, and

(iii) necessary assurances that, where

the State has relied on local or regional

government, agency, or

instrumentality for the implementation

of any plan provision, the State has

responsibility for ensuring adequate

implementation of such plan

provision;

(E)(i):

 Idaho Code 39-106 provides DEQ authority to hire personnel to carry out the duties of the

department.

(E)(ii):

 Idaho Code 39-107 meets the requirements of CAA section 128. Also see the Governor’s

Executive Order 2013-06 that addresses the DEQ board make up. Specifically, “the

appointment of members to the Idaho board of environmental quality shall be made in

conformance with the requirements of Idaho Code section 39-107(1)(a), and section 128 of

the Clean Air Act.”

 Idaho Code Title 59 Chapter 7 also deals with “Ethics in Government.”

(E)(iii):

 Idaho Code 39-129 provides authority for DEQ to enter into binding agreements with local

governments that are enforceable as orders.

These statutes provide assurances of adequate funding, personnel, and legal authority for

implementing Idaho’s SIPs.
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§110(a)(2)(F)

Require, as may be prescribed by the

Administrator—

(i) the installation, maintenance, and

replacement of equipment, and the

implementation of other necessary

steps, by owners or operators of

stationary sources to monitor

emissions from such sources,

(ii) periodic reports on the nature and

amounts of emissions and emissionsrelated data from such sources, and

(iii) correlation of such reports by the

State agency with any emission

limitations or standards established

pursuant to this Act, which reports

shall be available at reasonable times

for public inspection;

Rules relating to installation, maintenance, replacement, and operation of monitoring

equipment and record keeping:

(F)(i):

 IDAPA 58.01.01.157 includes source testing methods and procedures.

 IDAPA 58.01.01.211 contains conditions for permits to construct, including sampling ports,

instrumentation to monitor and record, and performance testing to ensure compliance with

NAAQS.

 IDAPA 58.01.01.405 contains conditions for Tier II operating permits, including sampling

ports, instrumentation to monitor and record, and performance testing to ensure compliance

with NAAQS.

(F)(ii):

 IDAPA 58.01.01.122 provides authority for information orders.

Also see above citations for permits to construct and Tier II operating permits relating to record

keeping and reporting.

(F)(iii):

 Idaho Code 9-342A (Idaho’s Public Records Act) addresses public records.

 IDAPA 58.01.21 includes the rules for protection and disclosure of records.

 IDAPA 58.01.01.209 contains provisions for procedures for issuing permits, including

public comment timing and process for permits to construct.

 IDAPA 58.01.01.404 contains provisions for procedures for issuing permits, including

public comment timing and process for Tier II operating permits.

Idaho reports emissions data for the six criteria pollutants to EPA’s National Emission

Inventory. The NEI is updated every three years and is available at

http://www.epa.gov/ttn/chief/eiinformation.html.

These statutes and rules provide DEQ with the ability to monitor stationary source emissions for

compliance purposes and make data available to the public.
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§110(a)(2)(G)

Provide for authority comparable to that

in section 303 and adequate contingency

plans to implement such authority;

 Idaho Code 39-112 provides the DEQ director with broad authorities to reduce or

discontinue air pollution activities that create imminent and substantial endangerment to the

public welfare and is comparable to CAA section 303.

 IDAPA 58.01.01.550–562 contains air pollution emergency rules.

These statutes and rules identify air pollution emergency episode contingency plans and

abatement strategies.

§110(a)(2)(H)

Provide for revision of such plan—

(i) from time to time as may be

necessary to take account of revisions

of such national primary or secondary

ambient air quality standard or the

availability of improved or more

expeditious methods of attaining such

standard, and

(ii) except as provided in paragraph

(3)(C), whenever the Administrator

finds on the basis of information

available to the Administrator that the

plan is substantially inadequate to

attain the national ambient air quality

standard which it implements or to

otherwise comply with any additional

requirements established under this

Act;

 Idaho Code 39-105(2) and (3)(d) provide broad authority to revise rules in accordance with

IDAPA 58.01.23.808–860 to meet NAAQS.

 IDAPA 58.01.01.107 incorporates by reference the NAAQS (40 CFR Part 50).

 IDAPA 58.01.01.575–587 establishes and defines acceptable ambient concentrations

consistent with established criteria.

These statutes and rules provide DEQ with the ability to adopt NAAQS and revise SIPs as

needed to attain and maintain the standards.
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§110(a)(2)(J)

Meet the applicable requirements of

section 121 (relating to consultation),

section 127 (relating to public

notification), and part C (relating to

prevention of significant deterioration of

air quality and visibility protection);

 IDAPA 58.01.01.209, .01.364, and .01.404 provide for the public process for SIP and

permitting under IDAPA 58.01.01.200–223.

 Idaho Code 39-129 provides DEQ the authority to enter into agreements with local

governments. DEQ consults with other state agencies, local agencies, nongovernmental

organizations, and other state natural resource agencies regarding air quality issues.

 Idaho Code 39-105(3)(c) promotes outreach with local governments.

 See also IDAPA 58.01.01.563–574 regarding transportation conformity.

 IDAPA 58.01.01.667 provides for long-term strategies and the consultation process for

regional haze SIPs.

These statutes and rules provide the authority to carry out the PSD part C requirements and lay

out the consultation process and notifications to the public, EPA, and federal land managers.

To satisfy CAA section 127 requirements, DEQ submits information to EPA’s AIRNow

program and provides daily air quality index scores for many locations throughout the state.

Interested parties can sign up to receive this daily information online at

http://www.deq.idaho.gov/air-quality/monitoring/daily-reports-and-forecasts.aspx.

§110(a)(2)(K)

Provide for—

(i) the performance of such air quality

modeling as the Administrator may

prescribe for the purpose of predicting

the effect on ambient air quality of any

emissions of any air pollutant for

which the Administrator has

established a national ambient air

quality standard, and

(ii) the submission, upon request, of

data related to such air quality

modeling to the Administrator;

 IDAPA 58.01.01.107 incorporates by reference 40 CFR Part 51 Appendix W (Guideline on

Air Quality Models).

 IDAPA 58.01.01.202.02 addresses permit to construct application procedures and modeling

requirements for estimating ambient concentrations.

 IDAPA 58.01.01.402.03 addresses Tier II operating permit application procedures and

modeling requirements for estimating ambient concentrations.

Air quality modeling is conducted during development of SIP revisions, as appropriate, for the

state to demonstrate attainment with required air quality standards. Modeling is also addressed

in the permitting process. See discussion for §110(a)(2)(A) (page 2).
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§110(a)(2)(L)

Require the owner or operator of each

major stationary source to pay to the

permitting authority, as a condition of

any permit required under this Act, a fee

sufficient to cover—

(i) the reasonable costs of reviewing

and acting upon any application for

such a permit, and

(ii) if the owner or operator receives a

permit for such source, the reasonable

costs of implementing and enforcing

the terms and conditions of any such

permit (not including any court costs

or other costs associated with any

enforcement action),

until such fee requirement is superseded

with respect to such sources by the

Administrator's approval of a fee

program under title V;

 IDAPA 58.01.01.387–397 sets the requirements for the annual registration of Tier I sources

and the annual assessment and payment of fees to support the Tier I permitting program. The

program was approved October 4, 2001 (66 FR 50575).

 IDAPA 58.01.01.407–409 sets the requirements for Tier II operating permit processing fees

and usage.

§110(a)(2)(M)

Provide for consultation and

participation by local political

subdivisions affected by the plan.

 IDAPA 58.01.01.209, .01.364, and .01.404 provide for the public process for developing

and issuing air quality permitting.

 IDAPA 58.01.01.563–574 defines the transportation conformity consultation and public

process for nonattainment and maintenance areas.

DEQ also follows the consultation and participation process outlined in 40 CFR 51.102 and

incorporated by reference at IDAPA 58.01.01.107.
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Appendix A. Letter of Approval for Idaho’s Ambient Air

Monitoring Network Plan
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