STATE OF IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY

1410 North Hilton' Boise, Idaho 83706' (208) 373·0502 C.L. "Butch" Otter, Governor Toni Hardesty, Director 

### June 8, 2009

Michelle Pirzadeh Acting Regional Administrator USEPA, Region 10 1200 Sixth Avenue, Suite 900 Seattle, W A 98101 Re: State Implementation Plan Rule Revisions Dear Ms. Pirzadeh: Enclosed for your review and approval are an original and four copies ofrevisions to the Department of Environmental Quality's (DEQ) Rules for the Control ofAir Pollution in Idaho, IDAPA 58.01.0I. DEQ is seeking Environmental Protection Agency (EPA) approval ofthe following revision as an update tothe contents ofthe Idaho State Implementation Plan (SIP), 40 CFR Part 52, SubpartN: IDAPA Docket 58-0101-0703

- Clarification ofSulfur Content ofFuels IDAPA Docket 58-0101-0802

- Annual Incorporation by Reference (2007) DEQ has also included IDAPA Docket 58-0101-0801

- Final Rules for Crop Residue Burning. This rule has already been approved by EPA and was included in the Idaho SIP on August 1, 2008 (73 FR44915). This rule has been included onlyto reflect the effective date ofapproval bythe Idaho Legislature. These revisions to the state rules were promulgated pursuanttothe Environmental Protection and Health Act, Idaho Code, Sections 39-10I through 39-130. Review and approval by a DEQ Deputy Attorney General was obtained at appropriate times throughoutthe rulemaking process. Rule adoption was made in accordance with the requirements ofthe federal Clean Air Act and applicable federal regulations. None of the revisions included in this submittal reflect a reduction in emission limits. Ifyou oryour staffhas questions concerning any ofthese rules, please contact Martin Bauer, Air Quality Division Administrator, at 208-373-0440. Mr. Bauer and his staffare available to provide assistance to ensure that Idaho's SIP is updated as soon as possible. Sincerely,

# ~~~ Toni Hardesty Director THlfw Enclosures c: Martin Bauer, DEQ

### bee: Robert Wilkosz, DEQ Mike Edwards, DEQ Lisa Kronberg, Attorney General's Offiee SIP Submittals File

### State ofIdaho 

## DEPARTMENT OF ENVIRONMENTAL QUALITY Board ofEnvironmental Quality

.1410 North Hilton, Boise, 10 83706·1255, (208) 373·0502 C. L. "Butch" Otter, Governor Toni Hardesty, Director

DECLARATION OF RULEMAKING BY THE BOARD OF ENVIRONMENTAL QUALITY ADOPTION OF PENDING RULES DOCKET NO. 58-0101-0703 Pursuant to the authority granted to the Board of Environmental Quality in Chapter 1, Title 39, Idaho Code, and under the provisions for rule adoption contained in Section 67-5224, Idaho Code, I declare that the Rules for the Control ofAir**~** ution in Idaho are hereby adopted as pending rules as presented in the attached Final Proposal.

STATE OF IDAHO ss. County ofAda On this 9th day of October, 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared Craig Harlen, 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.

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# -



# -

### FINAL PROPOSAL


### RULES FOR THE CONTROL OF AIR POLLUTION IN 

### IDAHO, DOCKET NO. 58-0101-0703 The Department of Environmental Quality recommends that the Board of Environmental Quality adopt the rule as initially proposed in the Idaho Administrative Bulletin, May 7, 2008, Vol. 08-5, pages 60 through 62.

,­

# -

### RULE PROMULGATION AUTHORITY CHECKLIST Rules for the Control ofAir Pollution in Idaho, IDAPA 58.01.01 Docket No. 58-0101-070j DATE INITIALS


# ,J'\ \**~** 

### i / 

# '-'I i, 

## i., 

# L---, Legal Review of Proposed Administrative Rules Form and

! 

# l Notice of Negotiated Rulemaking
DirectorApproval of Proposed Administrative Rules Form and Notice of Negotiated Rulemaking 

# * /-j . 

# , t/**p~t'-·** 

### Approval Received from DFM/Governor

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### Legal Review of ProposedlTemporary Rule Docket

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### {I /1 

### t 

## ,I Director Approval of ProposedlTemporary Rule Docket 

## ,/ Board Adoption ofTemporary Rule Legal Review of PendinglTemporary Rule Docket
II 

### Director Approval of PendinglTemporary Rule Docket
Board Adoption of PendinglTemporary Rule /i

I

## Proposed Motions for the October 2008 

# ­ Meeting of the Idaho Board of Environmental Quality
Agenda Item #11
Rules for the Control ofAir Pollution in Idaho, Docket No. 58-0101-0703
I move that the Idaho Board of Environmental Quality adopt the Rules forthe Control of Air Pollution in Idaho as presented in the final proposal under Docket No. 58-0101-0703.



# -

-\ j' Docket Number: 58-0101-0703 Effective Date: 2009 Sine die Rules Title: Rules forthe Control ofAir Pollution in Idaho Agency Contact and Phone: Martin Bauer, 373-0440 Public Notice Hearings: 

### [Xl Yes 

### [1 No Locations and Dates: Boise, June 10, 2008 Written Comment Deadline: June 10, 2008 Descriptive Summary of Rule as Initially Proposed: Negotiated Rule Making: 

### [Xl Yes 

### [1 No Groups Involved: Sign-in sheets attached. DEQ has initiated this rulemaking to ensure that the purpose and applicability of Sections 725 through 729, as they relate to sulfur content offuels, is clear. The revisions to Sections 725 through 729 have been proposed for clarification purposes and are not substantive in nature. Public comments were received. The proposed rule has not been revised. DEQ recommends that the Board adopt the rule, as presented in the final proposal, as a pending rule with the final effective date coinciding with the adjournment sine die ofthe First Regular Session ofthe Sixtieth Idaho Legislature. The rule is subject to review by the Legislature before becoming final and effective. On October 3, 2007, the Notice of Negotiated Rulemaking was published in the Idaho Administrative Bulletin, Vol. 07-10, page 441, and a preliminary draft rule was made available for public review. One meeting was held on October 24, 2007. Several members ofthe public participated in this rulemaking by attending the meeting. No revisions were made to the preliminary draft rule.

Cost Impact: Costs To the Agency: None anticipated. Costs To the Regulated Community: None anticipated.

Relevant Statutes: Chapter 1, Title 39, Idaho Code

Idaho Code § 39-1070 Statement: This rule does not regulate an activity not regulated by the federal government, nor is it broader in scope or more stringent than federal regulations. Idaho Code 

### § 67-5221(1)(c) Fiscal Impact Statement: The following is a specific description, ifappli<;:able, of any negative fiscal impact on the state general fund greater than ten thousand dollars ($10,000) during the fiscal year: Not applicable.

Rulemaking and Public Comment Summary
- Page 1--------------

----------------- Temporary Rule 

## [ 1 Necessary to protect public health, safety orwelfare 

## [ 1 Compliance with deadlines in amendments to governing law or federal programs 

## [ 1 Conferring a benefit

Docket Number: 58-0101-0703 

### ! Section Existing Rule Summary Proposed Rule Summary Summary of Rule Changes Based on Public Comment 725 Clarifies the applicability of this section. Rules for Sulfur Content of Fuels The rule has

## pot been revised. See attached Response to Public Comments. 726 Section number changed from 726 to 725.01. Definitions as Used in Sections 727 through 729



# .. Section number changed from 727 to 725.02. Obsolete language deleted. 727 Residual Fuel Oils
Section number changed from 728 to 725.03. 728 Distillate Fuel Oils I Section number changed from 729 to 725.04. 729 Coal

Revises reference to other rule section. 798 Electric Generators 

# I

) 

# • and Comment 

## .ty- Page 2

## )

Rules for the Control ofAirPollution in Idaho Docket No. 58-0101-0703 Response to Public Comments



### This comment letter does notprovide specific comments on Alex LaBeau Thankyoufor the opportunity to comment on Sections 725 the proposedrule, recognizing thatthe changes in the President through 729, as they relate to sulfur content offuels. We proposed rule are not substantive innature. The letter Idaho Association of recognize thatthe changes are not substantive 

### innature; rather it formally notifies DEQ ofits interest in revising these Commerce and Industry is to clean up and clarify the sections. sections, in a future rulemaking, to allow for the utilization P.O. Box 389 Nevertheless, it is IACI's beliefthat this is an important ofalternative fuels. Boise, ID 83701 opportunity for our organization to formally notify the IDEQ of The rule has notbeen revised in response to this comment. our interest in revising these sections to allowfor the utilization ofalternative fuels. IACI's members are confronting untenable circumstances relating to the current limitations inthese rules andescalating fuel prices. Any proposal presented for discussion would achieve the level ofenvironmental protection reflected inthe current rules or imposed by existingpermits. Specifically we propose to work withthe IDEQ to draft language thatwould give flexibility to Idaho sources to use varying sources ortypes offuel to respond to unpredictable fuel markets. Our intent is to create flexibility onlyto the extentthat currently allowed sulfur emissions are authorized under an approved alternative. Weare aware that such a change would require 

## areview by EPA ofIdaho's State Implementation Plan. Nevertheless, we are hopeful thatthe EPA will find such a change acceptable as such regulation has been successfully implemented in other states. We are prepared to workwiththe IDEQ to provide the support for such a rule change. lAClwould appreciate suggestions from lDEQ on an appropriate pathforward. We look forward to with
Response to Public Comments, DocketNo. 58-0101-0703" 

# MEETING SIGN-IN SHEET Meeting Title: Sulfur Content in Fuels - Rulemaking Meeting Meeting Date: 10/24/07



### E-MaU Address AND Name - PLEASE PRINT AffUiation Telephone Number

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### LIST OF PUBLIC COMMENTS Proposed Rules for the Control ofAir Pollution in Idaho Docket Number 58·0101·0703 Deadline for Comment: June 10,2008 Submitted By Date Received
Katharine Gerrity, Legal Analyst April 16, 2008
- Letter to Legislative Services Office 

### OEQ State Capitol Boise, 

### 10 83720-0054 March 28, 2008
- Memo to Germane Joint Subcommittees Alex LaBeau, President Idaho Association of Commerce and Industry June 4,2008 P.O. Box 389 Boise, 

### 10 83701 Certificate of Hearing June 10, 2008

# Legislative Services Office

, 

# Idaho StateLegislature

JeffYoutz

Director 

### April 16, 2008

Paula 

## J. Wilson Hearing Coordinator Dept. of Environmental Quality 1410 N. Hilton Boise, ID 83706-1255 Dear Ms. Wilson: The Senate and House Subcommittees for review of administrative rules have reviewed the proposed changes to the Dept. Of Environmental Quality rules: 

# ­
IDAPA 58.01.01 - Rules for the Control ofAir Pollution in Idaho (Docket #58-0101-0703) 

### No meeting will be held, and we are pleased to report that no objections will be filed. Sincerely yours,

# ~. KatharaA. GerrityU Principal Legislative Research Analyst KAG/cs



# - Mike Nugent,Manager Cathy Holland-Smith,Manager Don H.Berg,Manager Glenn Harris,Manager Research & Legislation Budget & PolicyAnalysis LegislativeAudits InformationTechnology Statehouse,P.O. Box 83720 Tel: 208-334-2475

Boise, Idaho 83720-0054 www.legislature.idaho.gov

# Legislative Services Office Idaho StateLegislature

JeffYoutz 

## RECEIVED

Director 

# APR Ci 12008 

# MEMORANDUM Office of the Attorney 

### Genera! IDEQ 

### TO: Rules Review Subcommittee ofthe Senate Health and Welfare Committee and the House Environment, Energy and Technology Committee FROM: Research & Legislation Staff

- Katharine Gerrity**~t\G** 

### DATE: March 28, 2008 SUBJECT: DepartmentofEnvironmental Quality The DepartmentofEnvironmental Quality submits notice ofproposedrule at IDAPA 58.01.01

- Rules for the Control ofAirPollution inIdaho. Accordingto the Department, the rulemaking is proposed to clarifythe purpose and applicability ofspecified sections ofthe rule relating to sulfur content offuels. The Departmentnotes thatthe changes are not substantive in ,I""'- " 

### nature. Negotiatedrulemaking was conducted. The Department also notes thatthe rule does not regulate an activity not regulatedby the federal government, nor is itbroader in scope ormore stringentthan federal regulations and confirms that there is no negative fiscal impact onthe state general fund greater thanten thousand dollars as a result ofthe changes. Wehave no specific comments or suggestions based on ourreview ofthis rule. The proposedrule appears to be authorizedby Sections 39-105 and 39-107, Idaho Code.

cc: Department ofEnviromnental Quality Paula J. Wilson Martin Bauer

J.\like Nugent,Manager CathyHolland-Smith,Manager Don H;. Berg,Manager Glenn Harris,l\'Ianager Research & Legislation Budget & PolicyAnalysis LegislativeAudits InformationTechnology Statehouse,P.O. Box 83720 Tel: 208-334-2475

Boise, Idaho 83720-0054 www.legislature.idaho.gov

### Idaho Association of Commerce 

### & Industry 

# -, The Voice ofBusiness in**Id~hoi1j** 

# lAC

Martin Bauer June 4,2008 Air Quality Division DEQ 

### State Office 1410 

### N, Hilton Boise. ID 83706

Sent

### Via Email: martin)niuer(lv,deqJdahogov DearMartin; Thankyou for the 0ppOliunity tocomment 011 

### Sections 725 through 729, as they relate to sulfur content of

## fuels. We recognizethat the changes 

### arenot substantive innature; rather 

### itisto clean up and clarifY the sections. Nevertheless, it is IACI'sbeliefthatthis is 

## an imp011ant opportunityfor OUt

### organlzation

### to fonnally notify the IDEQ ofourinterest

### ill revising these sections to anowfor the utiljzation of alternative fuels, IACI'smembersare confronting untenable cil'cumstancesrelating to the current limitations inthese rules andescalatingfuel prices. Anyproposal presented for 

### discussion would achieve

### the level ofenvironmental protection .reflected in

### the currentrules or imposedbyexistingpermits. Specifically weproposetoworkwiththeIDEQ to draft languagethatwould give flexibility to Idaho sourcesto 1.18e varying sources ortypes offuel to respond to unpredictable fuel markets. Ourintent isto create flexibility 

### only to the extentthat currently 

### allowed sulfur

### emissions are authorizedunder an approved alternative. 

### We are aware that sucha chullge would require a 

### review by

### the EPAofldaho's 

### State ImplementationPlan, Nevet1heless, we are hopeful thatthe EPA will find such a change acceptable 

### as 

### such regulation has been successfully implemented in other 

### states. We are preparedto work with the IDEQ to provide the SUppOlt for sucha rule change. lACI wouldappreciate suggestions from IDEQ on 

### an appropriate path forward. 

### We look forward to working 

### with you.



# -·,..-tli llfl

......., 

### CERTIFICATE OF HEARING
SUBJECT: Rules for the Control ofAir Pollution in Idaho, Docket Nos. 58-0101-0703 LOCATION: DEQ Conference Center, 1410 N. Hilton, Boise, Idaho HEARING DATE: June 10, 2008 The undersigned designated hearing officer hereby certifies that on the 10th 

### day ofJune, 2008, a public hearing was held on the Rules for the Control of Air Pollution in Idaho, Docket No. 58-0101-0703, at the DEQ conference center in Boise, Idaho. The hearing commenced at 3:30 p.m. and was adjourned at 4 p.m. No members ofthe public attended the hearing. Notice ofthis hearing appeared in the Idaho Administrative Bulletin, as required by Idaho Code Section 67-5221, on May 7,2008. This publication was timely made and other necessary notice requirements have been met.
DATED this 10th 

### day of June, 2008.



# .**j~**

# ar~ Hearing Officer

CERTIFICATE OF HEARING

# -



# -

### IDAPA 58
- DEPARTMENT OF ENVIRONMENTAL QUALITY 58.01.01 • RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO DOCKET NO. 58·0101-0703 NOTICE OF RULEMAKING • PROPOSED RULE

AUTHORITY: In compliance with Section 67-5221(1), Idaho Code, notice is hereby given that this agency has proposed rulemaking. The action is authorizedby Sections 39·105 and 39·107, Idaho Code. PUBLIC HEARING SCHEDULE: A public hearing concerning this proposed rule will be held as follows:

DepartmentofEnvironmental Quality Conference Room C 1410 N. Hilton, Boise, Idaho
The hearing sites will be accessible to persons with disabilities. Requests for accommodation must be made no later than five (5) days prior to the hearing. For arrangements, contact the undersigned at (208) 373·0418. DESCRIPTIVE SUMMARY: The Department of Environmental Quality (DEQ) has initiated this rulemaking to ensurethat the purpose and applicability ofSections 725 through 729, as theyrelate to sulfur content offuels, is clear. The revisions to Sections 725 through 729 have been proposed for clarification purposes and are not substantive in nature. Members ofthe regulated community who may be subject to Idaho's air quality rules as well as special interest groups, public officials, ormembers ofthepublic who have aninterestin the regulationofair emissions from sources, in Idaho may be interested in commenting on this proposed rule. The proposed rule text is in legislative format. Language the agency proposes to add is underlined. Language the agency proposes to delete is struck out. It is these additions and deletions to which public comment should be addressed. After consideration of public comments, DEQ intends to present the final proposal to the Board of Environmental Quality in October2008 for adoption ofapending rule. The rule is expected to be final and effective upon adjournment ofthe 2009 legislative session ifadopted by the Board and approved bythe Legislature. NEGOTIATED RULEMAKING: Negotiated rulemaking was conducted pursuant to Idaho Code Section 67·5220 and IDAPA 58.01.23.810·815. On October 3, 2007, the Notice ofNegotiated Rulemaking was published in the Idaho Administrative Bulletin, Vol. 07-10, page 441, and apreliminary draftrule was made available forpublicreview. One meeting was held on October 24, 2007. Several members ofthe public participated in this rulemaking by attending the meeting. No revisions were made to the preliminary draft rule. IDAHO CODE SECTION 39-107D STATEMENT: This proposed rule does not regulate an activity not regulated by the federal government, nor is itbroader in scope or more stringent than federal regulations. IDAHO CODE SECTION 67-5221(c) FISCAL IMPACT STATEMENT: The following is a specific description, if applicable, of any negative fiscal impact on the state general fund greater than ten thousand dollars ($10,000) during the fiscal year: N/A ASSISTANCE ON TECHNICAL QUESTIONS AND SUBMISSION OF WRITTEN COMMENTS: For 'assistance on technical questions concerning this ruiemaking, contact Martin Bauer at (208) 373-0440 or martin.bauer@deq.idaho.gov

. Anyone may submit written comments by mail, fax or e-mail at the address belowregarding this proposed rule. DEQ will consider all written comments receivedby the undersigned on orbefore June 10, 2008. DATED this 27th day ofMarch, 2008. Idaho Administrative Bulletin Page 60 May 7,2008

- Vol. 08-5DEPARTMENTOF ENVIRONMENTAL QUALITY DocketNo. 58-0101-0703 Rules for the Control

### ofAirPollution in Idaho Rule

PaulaJ. Wilson, Hearing Coordinator Department ofEnvironmental Quality 1410 N. Hilton, Boise, Idaho 83706-1255 (208)373-0418/FaxNo. (208)373-0481 pwilson@deq.idaho.gov

THE FOLLOWING IS THE TEXT OF DOCKET NO. 58-0101-0703
725. RULES FOR SULFUR CONTENT OF FUELS. This section applies to fuel burning sources in Idaho. 'Fhe Its purpose of'SectioNs 725 thl'O'tigh 729 is to prevent excessive ground level concentrations ofsulfur dioxidefromfoclBurning SOI;lI'CCS inIdaho. Thereference test method for measuring fuel sulfur content shall be ASTM method, D129-95 Standard Test for Sulfur in Petroleum Products (General Bomb Method) or such comparable and equivalent method approved in accordance with Subsection 157.02.d. Test methods and procedures shall comply with Section 157. (45 OO)L.J 

### .:;zu.. 9E}7!N!T[.Q;VSAS U8E9 BVSECTIfJ.}'!S 7J7 TlIR(}UG;f[ 7J9. 01. Definitions. ASTM. American Society for Testing and Materials. (5-1-94) Distillate Fuel Oil. Any oil meeting the specifications ofASTM Grade I or Grade 2 fuel oils. (5-1-94) 

# - Residual Fuel Oil. Any oil meeting the specifications ofASTM Grade 4, Grade 5 and Grade 6 fuel oils. (5-1-94)**~** RESIDUAL PUEL ()l:bS. 02. Residual Fuel Oils. I#: Sttit!thNlfJ/81' 1973.After JaIlUttl); 1973, 110perSall shtlllserl, distribute, 1;t8e ormaketlvailable/ei' 1;t8C, aN)' residualfowl oil eONtail9illgmore than twofInd one halfpercent (2.5%) sulfur byweight. f5+1J4f In: Slttmillivis Begimtit'lf{ 1974. 14jtel' JtU1nary. 

### 1974, nNo person shall sell, distribute, use or make available for use, any residual fuel oil containingmore than one and three-fourths percent (1.75%) sulfurbyweight fH-94fL.J :n& ]}ISTIU:"iTEPVEL 

### ()n. 03. Distillate Fuel Oil. No person shall sell, distribute, use ormake available foruse, any distillate fuel oil containingmore than the following percentages ofsulfur: (5 1 

### 94)L---2 MI!. ASTM Grade 1. ASTM Grade 1fuel oil- zero point three percent (0.3**~CZiJ.** by weight**~4}L.J** .(h}h. ASTM Grade 2. ASTM Grade 2 fuel oil

- zero point five percent (0.5**~CZiJ.** by weight. (5194)L.J

04. Coal. No person shall sell, distribute, use or make available for use, any coal containing greater 

# - Idaho Administrative Bulletin Page 61 May 7, 2008 - Vol. 08-5

### 0-454 24 8 8760 2880 455 1000 24 24 8760 8760 DEPARTMENT

### OF ENVIRONMENTAL QUALITY DocketNo. 58-0101-0703 Rules for the ControlofAirPollution in Idaho ProposedRule than one percent (1.0%) sulfur byweight. 

### (5194)L-J 7-3626.

-- 749. (RESERVED). (BREAKIN CONTINUITY

### OFSECTIONS)
798. ELECTRICAL GENERATORS. The following requirements apply to all electrical generators used to provide electrical power to any nonmetallic mineral processing plant. The requirements apply to each site ofoperations. (3-15-02) 01. FuelType. Only ASTM (American Society ofTesting and Materials) Grade 1 or 2 fuel oil shall be used. The sulfur content ofthe fuel used shall not exceed the percentages ofsulfurgiven in Section**72-8~.** (31502)L-J 02. Generator Operating Requirements. For the purposes of Sections 790 through 799, the following apply to all electrical generators.



### 1001 2000 24 24 5200 5200

kW = kilowatts hr/day = hours perday hr/yr = hoursperyear (3-15-02) 03. Generator Opacity Limit. Visible emissions from any generator stack, vent, or other functionally equivalentopening shall not exceed twentypercent (20%) opacity for a period orperiods aggregating more than three (3) minutes in any sixty (60) minute period. Opacity shall be detennined using the test methods and procedures contained in Section 625. (3-15-02) 04. Monitoring and Recordkeeping Requirements. (3-15-02)
a. The owner or operator shall monitor and recordthe following information. (3-15-02) i. The rated output capacity, in kilowatts (kW), oftheelectrical generator(s) used; (3-15-02) ii. Operating hours on a monthly and annual basis so compliance can be continuously detennined for the previous twelve (12) month period; and (3-15-02)
lll. Vendor receipts ofthe fuel oil purchasedclearly identifying the ASTM Grade. (3-15-02) b. Records ofmonitoring and recordkeeping requirements for current operations shall be maintained at the site of operations for the duration of operations at that location and shall be available to Department representatives upon request. Records for previous sites ofoperation shall be kept for the most recent two (2) year period at a location where they can be reasonably accessed and shall be made available to the Department upon request. (3-15-02)

Idaho Administrative Bulletin Page 62 May 7, 2008

- Vol. 08-5

# -

-

-

### FINAL PROPOSAL
RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO, DOCKET NO. 58-0101-0703 The Department of Environmental Quality recommends that the Board of Environmental Quality adopt the rule as initially proposed in the Idaho Administrative Bulletin, May 7, 2008, Vol. 08-5, pages 60 through 62.

### IDAPA 58**~** 

### DEPARTMENT OF ENVIRONMENTAL QUALITY 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO DOCKET NO.**58-0101~0703** 

### NOTICE OF RULEMAKING - PENDING RULE
EFFECTIVE DATE: This rule has been adopted by the Board of Environmental Quality (Board) and is now pending review by the 2009 Idaho State Legislature for final approval. The pending rule will become final and effective immediately upon the adjournment sine die of the First Regular Session of the Sixtieth Idaho Legislature unless prior to that date the rule is rejected by concurrent resolution in accordance with Idaho Code Sections 67-5224 and 67-5291. 

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

### DESCRIPTIVE SUMMARY: A detailed summary ofthe reason for adopting the rule is set forth in the initial proposal published in the Idaho Administrative Bulletin, May 7, 2008, Vol. 08-5, pages 60 through 62. After consideration of public comments, the rule has been adopted as initially proposed. The Rulemaking and Public Comment Summary can be obtained at http://www.deq.idaho.gov/rules/air/58 0101 0703 pending.cfm or by contacting the undersigned. 

### IDAHO CODE SECTION 

### 39-1070 STATEMENT: This rule does not regulate an activity not regulated by the federal government, nor is it broader in scope or more stringentthan federal regulations. 

### FISCAL IMPACT STATEMENT: The following is a specific description, ifapplicable, of any negative fiscal impact on the state general fund greater than ten thousand dollars ($10,000) during the fiscal year: Not applicable. 

### ASSISTANCE ON TECHNICAL QUESTIONS: For assistance on technical questions concerning this rulemaking, contact Martin Bauer at (208) 373-0440, martin.bauer@deq.idaho.gov. Dated this

__ day of October, 2008.

Paula J. Wilson Hearing Coordinator Department of Environmental Quality 1410 N. Hilton Boise, Idaho 83706-1255 

### (208)373-0418/Fax No. (208)373-0481 paula.wilson@deq.idaho.govSTATE OF IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY

1410 North Hilton· Boise, Idaho 83706 • (208) 373-0502 C.l. "Butch" Otter, Governor Toni Hardesty, Director 

### June 8, 2009

Michelle Pirzadeh Acting Regional Administrator USEPA, Region 10 1200 Sixth Avenue, Suite 900 Seattle, WA 98101 Re: State Implementation Plan Rule Revisions Dear Ms. Pirzadeh: Enclosed for your review and approval are an original and four copies ofrevisions to the Department of Environmental Quality's (DEQ) Rules for the Control ofAir Pollution in Idaho, IDAPA 58.01.01. DEQ is seeking Environmental Protection Agency (EPA) approval ofthe following revision as an update to the contents ofthe Idaho State Implementation Plan (SIP), 40 CFRPart 52, SubpartN: IDAPA Docket 58-0101-0703

- Clarification ofSulfur Content ofFuels IDAPA Docket 58-0101-0802

- Annual Incorporation by Reference (2007) DEQ has also included IDAPA Docket 58-0101-0801

- Final Rules for Crop Residue Burning. This rule has already been approved by EPA and was included in the Idaho SIP on August I, 2008 (73 FR44915). This rule has been included only to reflect the effective date ofapproval by the Idaho Legislature. These revisions to the state rules were promulgated pursuantto the Environmental Protection and Health Act, Idaho Code, Sections 39-101 through 39-130. Review and approval by a DEQ Deputy Attorney General was obtained at appropriate times throughoutthe rulemaking process. Rule adoption was made in accordance with the requirements ofthe federal Clean Air Act and applicable federal regulations. None of the revisions included in this submittal reflect a reduction in emission limits. Ifyou oryour staffhas questions concerning any ofthese rules, please contact Martin Bauer, Air Quality Division Administrator, at 208-373-0440. Mr. Bauer and his staffare available to provide assistance to ensure that Idaho's SIP is updated as soon as possible. Sincerely,

# ~~~ Toni Hardesty Director TI-Vfw 

### Enclosures c: Martin Bauer, DEQ

### bee: Robert Wilkosz, DEQ Mike Edwards, DEQ Lisa Kronberg, Attorney General's Office SIP Submittals File

### State ofIdaho 

## DEPARTMENT OF ENVIRONMENTAL QUALITY Board ofEnvironmental Quality

1410 North Hilton, Boise, 10 83706-1255, (208) 373-0502 C. L. "Butch" Otter, Governor Toni Hardesty, Director



### DECLARATION OF RULEMAKING BY THE BOARD OF ENVIRONMENTAL QUALITY ADOPTION OF PENDING RULES DOCKET NO.**58~01** 

### 01**~0801** Pursuant to the authority granted to the Board of Environmental Quality in Chapter 1, Title 39, Idaho Code, and underthe provisions for rule adoption contained in Section 67-5224, Idaho Code, I declare that the Rules for the Control ofAir Pollution in Idaho are hereby adopted as pending rules as presented in the attached Final Proposal.

STATE OF IDAHO ss. County ofAda On this 9th day of October, 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared Craig Harlen, 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 Publicfor Idaho 

# :.y:/, ReSiding at:

## ~ Expires: 

## Ie / 

# 0/ f 

### ) ) 

### }

# -.



# -"

### FINAL PROPOSAL


### RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO, DOCKET NO. 58-0101-0801 The Department of Environmental Quality recommends that the Board of Environmental Quality adopt the rule as initially proposed in the Idaho Administrative Bulletin, April 2, 2008, Vol. 08-4, pages 28 through 34.

### RULE PROMULGATION AUTHORITY CHECKLIST Rules for the Control of Air Pollution in Idaho, IDAPA 

### 58.01.01 Docket No. 58-0101-0801 DATE INITIALS 

# ,}l

# }u{ 1 \ t, 

# Id i 

### Legal Review of Proposed Administrative Rules Form 

# ,.(1 'l Director Approval of Proposed Administrative Rules Form

,

'/ I 

### Approval Received from DFM/Governor 

# \**\..,~** \, /\.1 \ !\**l~** . \ \ ,i(' \ u v' 

### Legal Review of Notice of Negotiated Rulemaking

\ 

### Director Approval of Notice of Negotiated Rulemaking
Legal Review of ProposedlTemporary Rule Docket

'/ I

### J Director Approval of ProposedlTemporary Rule Docket

?' 

### J 

# r :, Board Adoption ofTemporary Rule }I) C{\ ,\ i' 

## ,\. ,L--­ 

# (t'l Legal Review of PendinglTemporary Rule Docket 

## /(t 

# f Director Approval of PendinglTemporary Rule Docket

Board Adoption of PendinglTemporary Rule 

# -)

## Proposed Motions for the October 2008 

# ­ Meeting ofthe Idaho Board of Environmental Quality
Agenda Item #12
Rules for the Control ofAir Pollution in Idaho, Docket No. 58-0101-0801
I move that the Idaho Board of Environmental Quality adopt the Rules for the Control of Air Pollution in Idaho as presented in the final proposal under Docket No. 58-0101-0801.



# -

-

## ) 

## ) 

# )

Docket Number: 58-0101-0801 Public Notice Effective Date: 2009 Sine die Hearings: 

### [Xl Yes [ 

### 1 No Rules Title: Rules for the Control ofAir Pollution in Idaho Locations and Dates: Boise, May 2, 2008 Agency Contact and Phone: Martin Bauer, 373-0440 Written Comment Deadline: May 2, 2008 Negotiated Rule Making: 

### [Xl Yes 

### [l No Descriptive Summary of Rule: Groups Involved: Sign-in sheets attached. The purpose ofthis rulemaking is to implement the provisions of House Bill 557, wherein the 2008 Idaho Legislature approved a program for the open burning of crop residue to be February 6, 2008, the Notice of Negotiated Rulemaking administered by the Idaho Department of Environmental Quality (IDEQ) and repealed the Smoke was published in the Idaho Administrative Bulletin, Vol. 08-2, Management and Crop Residue Disposal Act previously administered by the Idaho State page 31, and a preliminary draft rule was made available for Department ofAgriculture (lSDA). Field burning has been prohibited in Idaho since January public review. Meetings were held on February 12, 15, and 2007 as a result of a 9th Circuit Court ofAppeals ruling. In December2007 representatives of 21, 2008. Several members ofthe public partiCipated in this farming organizations, Safe Air for Everyone (SAFE), ISDA, and IDEQ agreed on various negotiated rulemaking process by attending the meetings and components ofa program for the open burning ofcrop residue. House Bill 557 and this rule by submitting written comments. address the central components ofthat agreement. rule is modeled after the Nez Perce smoke management program which prohibits field burning if air quality levels exceed or are expected to exceed 75% of any national ambient air Cost Impact: quality standard. Farmers are required to obtain a notice ofapproval to burn, provide notice of Costs To the Agency: Unknown at this time. proposed burns, and pay a registration fee based upon the number ofacres to be burned. The Costs To the Regulated Community: House Bill 557 imposes the rule contains provisions to ensure that the public has ready access to this information. In necessary fees. addition, IDEQ is required to conduct ongoing and annual reviews ofthe program. This rule was adopted as a temporary rule by the Board in March 2008 and is currently effective. Adoption ofthe temporary rule did not in itselfauthorize the open burning of crop Relevant Statutes: Chapter 1, Title 39, Idaho Code and rE?sidue in Idaho. DEQ was also required to develop a revised State Implementation Plan (SIP) House Bill 557 (codified at Idaho Code 

### § 39-114). and obtain approval of the SIP revision from the U.S. Environmental Protection Agency (EPA). DEQ developed the SIP revision, published a Notice of Comment Period and Public Hearing on Idaho Code § 39-107D Statement: This rule does not regulate an the proposed SIP revision in the Idaho Administrative Bulletin on April 

### 2 with a comment period activity not regulated by the federal government, nor is it broader in deadline of May 2, 2008, and submitted the SIP revision to EPA on May 28, 2008. On August 1, scope or more stringent than federal regulations. 2008 EPA approved by final rule the SIP revision with an effective date of September 2, 2008. 73 Fed. Reg. 44,915. Idaho Code 

### § 67-5221 (1)(c) Fiscal Impact Statement: The adoption ofthis rule will have one time initial start-up expenses of Public comments were received. The proposed rule has not been revised. DEQ recommends $186,700 as well as ongoing program costs estimated to be that the Board adopt the rule, as presented in the final proposal, as a pending rule with the $419,700 for a total impact of $606,377 to the general fund for final effective date coinciding with the adjournment sine die ofthe First Regular Session ofthe FY2009. All future receipts remitted to the state for field burning Sixtieth Idaho Legislature. The rule is subject to review by the Legislature before becoming under this rule shall be transferred to the general fund to help with ongoing program costs. At this time, it is unknown how much final and effective. funding will come from this dedicated source annually.

Rulemaking and Public Comment Summary
- Page 1Temporary Rule [ ] Necessary to protect public health, safety or welfare [ ] Compliance with deadlines in amendments to governing law orfederal programs [ ] Conferring a benefit

Docket Number: 58-0101-0801
Section Existing Rule Summary Temporary and/or Proposed Summary of Rule Changes Rule Summary Based on Public Comment Revises reference to other rule section. The rule has not been revised. See 

### 600 Rules for Control of Open attached Response to Public Comments. Burning 

### 601 Revises reference to other rule section. Fire Permits, Hazardous Materials, and Liability Revises reference to other rule section. 

### 602 Nonpreemption of Other Jurisdictions Revises reference to other rule section. 

### 603 General Restrictions Revises reference to other rule section. 

### 606 Categories ofAllowable Burning Replaces reference to Idaho State Department of Agriculture's crop residue burning program with reference to DEQ's crop residue burninQ program. 

### 617 Crop Residue

New section. 

### 618 Permit by Rule New section. 

### 619 Registration for Permit by Rule 

### 620

. New section. Registration Fee New section. 

### 621 Burn Determination New section. 

### 622 General Provisions New section. 

### 623 Public Notification Addition of new Subsection 625.05 stating that 625 does not apply to the open burning of crop residue

. Visible Emissions. 

### 625



# , Rulemaking and Public Comment SUIT 

# P -Page 2 

# •

## ) ) 

# )

Rules for the Control ofAirPollution in Idaho Docket No. 58·0101·0801 Response to Public Comments



### Courtney Washburn Conservation League is supportive comment is in support ofthe rule. Community Conservation Director Idaho Conservation League P.O. Box 844 Boise,ID 83701 process that leadto a compromisebetween Safe Airfor Everyone (SAFE), and growerrepresentatives. We are supportive ofthe agreementpoints that were reached. We were supportive ofHouse bill 557 whichpassed the Idaho Legislature and was signed into law on March 7th, 2008. We also supported the rule docket number 58-0101·0801 that became effective on April 2008. We are supportive ofthe efforts to resume crop residue burning because additional protections provide assurance that the National Ambient Air Quality Standards (40 CFR part 50) would notbe exceeded, and the public health would be protected. Our maininterest is the protection ofpublic health and air quality so ifat anytime it is determined that the protections are not adequate we will advocate for the revision ofthis program. If 

### it is found that crop residue burning cannot be done in away that is protective ofpublic health and air quality then will advocate termination ofcropresidue

Response to Public Comments, Docket -0801 1 

### DEQ intends to implement this program carefully, by criticallyreviewing all factors before approving a burn, monitoring manybums, and reviewing bumreports to continually find ways to improve the program for all. The rule has notbeenrevised inresponse to this comment.

### Lou Dersch Twin Falls, Idaho Howcan a fee offset any amount ofairpollution, orcompensate someone withrespiratory health problems, ormake things better for someone who can't see the mountains any more? The farmers' claims ofall the benefits ofburning arejustplain wrong. Any plant pathologist will tell'you that a field doesn't bumhot enough long enoughto kill fungus spores. Burning does cause a transient spike ineitherpotassium orphosphorus, I forgot which one. Butnitrogen and the other (potassium or phosphorus) literally go up in smoke. Why else do fertilizer companies defend farmers' right to burn? I heard onthe radio that most ofthe smoke you see is water vapor. Howmuch water is left in grain stubble thathas been cooked in the Magic Valley's late summer conditions? However much there is, does anybody really believe that in this heat and lowhumidity, water vapor would be visible for more than a few seconds? I've seen smokeplumes that go to the horizon. Granted, there is higher Kentucky bluegrass seed production ina burned field. Maybe we should switch to another species??? Or consider zeriscaping??? My opinion is that all field burning, ditch burning, burning on farms and in town, and bumbarrels should be permanently banned. Thenthe ban needs to be enforced withheavy fines. All those practices are outmoded holdouts from the past. Our quality problems are not caused by LaNina or inversions or smog from LA orvolcanic activity or anything else. People create the problems here and we can stop the problems here. Thankyou for considering this. DEQ appreciates the questions and concerns presented in this comment. Through its enactment ofHouse Bill 557, the Idaho Legislature approved a programfor the open burning ofcrop residue to be administered by DEQ. The $2 per acre fee is collectedto assist inthe implementation ofthe crop burning program. DEQ intends to workclosely withthe farmers and the public to ensure protection ofthe public health and the environment. The rule has not been revised inresponse to this comment.

Response to Public Comments, DocketNo. 58-0101-0801 2 

## ) 

# ) )

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MEETING SIGN-IN SHEET Meeting Title: NEGOTIATED RULEMAKING Rules for the Control ofAir Pollution in Idaho, Docket No. 58-0101-0801 Meeting Date and Location: 2/12/09 - Boise

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### LIST OF PUBLIC COMMENTS Proposed Rules for the Control ofAir Pollution in Idaho Docket Number 58-0101-0801 Deadline for Comment: May 2, 2008 Submitted By Date Received


### Katharine Gerrity, Legal Analyst Legislative Services Office State Capitol Boise, ID 83720-0054
Lou Dersch Twin Falls, I D March 28, 2008
- Letter to DEQ March .13, 2008
- Memo to Germane Joint Subcommittees August 18, 2008 Courtney Washburn Community Conservation Director Idaho Conservation League P.O. Box 844 Boise, ID 83701 Certificate of Hearing May 1,2008

May 2,2008

# Legislative Set-vices Office Idallo StateLegislatllre

JeffYoutz

Director 

### March 28, 2008 

# RECE1VED**MA~ ~**  

# 8WOO

Paula 

## J. Wilson Hearing Coordinator Department of Environmental Quality 1410 N. Hilton Boise, 1083706-1255 Dear Ms. Wilson: The Senate and House Subcommittees for review of administrative rules have reviewed the proposed changes to the Department of Environmental Quality rules: 

# ­ IDAPA 58.01.01 Rules for the Control ofAir Pollution in Idaho (Docket #58-0101-0801) 

### No meeting will be held, and we are pleased to report that no objections will be filed.

# Sin:j~;~~< 

# .**Kath~~e** A.

# GerrityU~ Principal Legislative Research Analyst KAG/ca


### cc: Martin Bauer

Mike Nugent, Manager Cathy Holland-Smith,Manager Don H. Berg,Manager Glenn Harris, Manager Research & Legislation Budget & PolicyAnalysis LegislativeAudits· InformationTechnology Statehouse,P.O. Box 83720 Tel: 208-334-2475

Boise,Idaho 83720-0054 www.legislature.idabo.gov

# - Legislative Services Office Idaho StateLegislature**Sen;lA1ftldaIuJ!~Cu~Legiilatur{!/** R E eEl V E 0 JeffYoutz

Director 

# MAR 14
Office of the Attornev General 

# MEMORANDUM !DEQ

. 

### TO: Rules Review Subcommittee ofthe Senate Health and Welfare Committee and the House Environment, Energy and Technology Committee FROM: Research & 

### Legislation Staff

- Katharine Gerrity**"'~** 

### 6­ DATE: March 13,2008 SUBJECT: Department ofEnvironmental Quality The Department ofEnvironmental Quality submits notice oftemporary and proposed rule at IDAPA 58.01.01

- Rules for the Control ofAir Pollution in Idaho. According to the Department, the rulemaking is proposed to implement the provisions ofHB 557 whereinthis Legislative session the Legislature approved a program for the open burning ofcrop residue to be administered by DEQ. The Department notes that field burning has been prohibited in Idaho th



### - since January 2007 as a result ofa 9 Circuit Court ofAppeals ruling. Followingthat ruling, an agreement was reached between representatives offarming organizations, Safe Air for Everyone, ISDA and IDEQ relating to a program for the open burning ofcrop residue. The Department conducted negotiated rulemaking in developing therule. The Department also notes that adoption ofthe rule in itselfwill not authorize the open burning ofcrop residue in Idaho and that before open burning may be conducted, several actions must take place including development of a revised State Implementation Plan and approval ofthe plan by the EPA. The Department also notesthat the'rule will have a one time initial start-up expense of$186,700 as well as ongoing program costs estimated to be $419,700 for a total impact of$606,377 to the general fund for FY2009. The Departmentindicates that future receipts remitted to the state for field burning shall be transferred to the general fund to help with ongoingprogram costs. The Department also states thatthe rule does not regulate an activity not regulated by the federal government, nor is it broader in scope or more stringentthan federal regulations. We contacted the Departmentto inquire about several specific items inthe rule that are not specifically set forth in the statute. In paragraph f ofSubsection 621.01 there is reference to the proximity to sensitive populations (such as schools while in session, hospitals, etc.) being considered in determining whetherto allow a bum. The Department noted that this factor was in 

# -**~Mike** Nugent, Manager CathyHolland-Smith, Manager Don H.Berg, "Manager Glenn Harris, Manager Research & Legislation Budget & PolicyAnalysis LegislativeAudits InformationTechnology Statehouse,P.O. Box 83720 Tel: 208-334-2475

Boise,Idaho 83720-0054 www.legisJature.idabo.gov

### fact discussed and agreed to bythe parties in thenegotiated rulemakingprocess and was also



# - included in the agreementreached betweenthe parties following the court ruling. Similarly, the proximityto airports and roads reflected in Paragraphs g and h ofSubsection 621.01 were agreed to andwere actually included in the ISDArules when the Department ofAgriculture was in charge ofsmoke management. Training session provisions reflected in Paragraph fofSubsection 622.01 were also a carryover from the ISDA rules. We have no further comments or suggestions based on our review ofthis rule. The temporary and proposed rule appears to be authorized by Sections 39-105 and 39-107, Idaho Code, and by HB 557 which has been signed bythe Governor and which will be codified as Section 39-114, Idaho Code.

cc: Department ofEnvironmental Quality Paula J. Wilson Martin Bauer



# -

# -



# -



# - Page 1 of 1



### Paula Wilson From: Phyllis Heitman Sent: Friday, April 18, 2008 1:36 PM 

### To: Paula Wilson Subject: FW: comment on crop buming rules



### From: Michael McGown 

### Sent: Friday, April 

### 18, 2008 1:18 PM 

### To: Phyllis Heitman 

### Subject: FW: comment on crop burning rules



### From: Louis.H.Dersch@aphis.usda.gov [mailto:Louis.H.Dersch@aphis.usda.gov] 

### Sent: Friday, April 

### 18, 2008 12:06 PM 

### To: Michael McGown 

### Subject: comment on crop burning rules

Mr. McGown:

How can a fee offset any amount ofair pollution, or compensate someone with respiratory health problems, or make things betterfor someone who can't see the mountains any more? The farmers' claims afall the benefits of burning are just plain wrong. Any plant pathologist will tell you that a field doesn't burn hot enough long enough to kill fungus spores. Burning does cause a transient spike in either potassium or phosphorus, I forgot which one. But nitrogen and the other (potassium or phosphorus) literally go up in smoke. Why else do fertilizer companies defend farmers' right to burn? I heard on the radio that most ofthe smoke you see is water vapor. How much water is left in grain stubble that has been cooked in the Magic Valley's late summer conditions? However much there is, does anybody really believe that in this heat and low humidity, water vapor would be visible for more than a few seconds? I've seen smoke plumes that go to the horizon. Granted, there is higher Kentucky bluegrass seed production in a burned field. Maybe we should switch to another species??? Or consider zeriscaping??? My opinion is that all field burning, ditch burning, burning on farms and in town, and burn barrels should be permanently banned. Then the ban needs to be. enforced with heavy fines. All those practices are outmoded holdouts from the past. Our air quality problems are not caused by La Nina or inversions or smog from LA or volcanic activity or anything else. People create the problems here and we can stop the problems here. Thank you for considering this.

Lou Dersch, Twin Falls



### 05/02/2008**r.n,n~,DI"\"",ti** ...n 

### League PO Box 844. Boise. to 83701 208.345.6933


### May 1,2008 Michael McGown Air Quality Division DEQ State Office 1410 N. Hilton Boise, ID 83706 Re: State Implementation Plan to implement crop residue burning DearMr. McGown: OnbehalfofThe Idaho Conservation League (ICL), I submitthe following comments on the proposedrevision to the State Implementation Plan (SIP) to implement anew crop residue burningprogram in Idaho. For thirty-four years, the Idaho Conservation League has worked to protectIdaho's clean water, wilderness, wildlife, and quality oflife. As Idaho's largest state-basedconservation organization we represent over 9,500 members, many ofwhom have a deep personal interest inresponsible management ofcrop residue burning. The open burning ofcrop residue results in significant air emissions that can lead to negative impacts on public health and air quality. Background 

### The Idaho Conservation League is supportive ofthe negotiation process that lead to a compromise between Safe Air for Everyone (SAFE), and growerrepresentatives. We are supportive ofthe agreementpoints that were reached (Appendix A, page 8). We were supportive ofI-Iouse bill 557 (Appendix B, page 83) which passed the Idaho Legislature and was signed into law on March 7th, 2008. We also supported the rule docketnumber 58-0101-0801 (Appendix C, page 97) that became effective on April 2, 2008. We are supportive ofthe efforts to resume crop residue burning because additional protections provide assurance that theNational Ambient Air Quality Standards (40 CFR part 50) would not be exceeded, and the public health would be protected. Our main interest is the protection ofpublic health and air quality so ifat anytime it is determined that the protections are not adequate we will advocate for the revision ofthis program. If it is found that crop residue burning cannotbe done in away that is protective ofpublic health and air quality then will advocate for the termination ofcrop residue burning 

# -

### Comments The Idaho ConservationLeague is generally supportive ofthe Open Burning ofCrop Residue State Implementation Plan (SIP) Revision butwe have identifiedthe following issues that require further clarification. Enforcement We believe that the SIP Revision is lacking information on how that state intends to enforce the program and the standards within. Enforcement is an important eomponentto ensure that ifthe NAAQS is violated then appropriate steps will be taken. We believe it is the states obligation to demonstrate how it will enforce the standards. Section 

### 1.7, page 

### 27 "Based onthese emission estimates, the fact that southeast and southwest areas ofthe state, andthe incompleteness ofthe crop residue burning database in otherparts ofthe state, this statewide SIP revision assumes that ifthe NAAQS are not violated inthenorth, then they are not likely violated in other areas ofthe state, so detailed supplemental analysis for other areas is not necessary."
We do not believe there is adequate information available to make the determination that supplemental analysis for other areas ofthe state is unnecessary. The incompleteness of the database andthe unknowns associated with crop residue burning in otherparts ofthe state leads us tobelieve that supplemental analysis is necessary to ensure the NAAQS are not violated. The lackofinformation for other areas ofIdaho is further evidencedbythe fact that all the models inthe exhibits only showNorth Idaho. There seems to need for a modeled attainment demonstration and a need for atmospheric modeling to serve as a "guidelinemodel" for simulatingpollutants released from a burning field. These two pieces ofinformation would lead to better information to base programcompliance offofto ensure the protection ofpublic health. Section 2.3, page 34

11

### Cropresidue bums typically are only 30-90 minutes in duration and result in a briefand sharp peak," increasing PM 2.s1evels for only an hour ortwo."

. We do notbelieve this statementreflects the total impact ofcrop residue bums because the information solely based onmonitor readings. Near-field data is critical to understanding the health impacts particularly in regards to sensitive populations. Section 3.3, page 42 Conditions for bumis anessential componentto the SIP because it contains the criteria that the state will use to authorize a bum. We found this section to be lacking in regards to detailed criteria. This section also makes a reference to an operational guide that either does not yet exist or wasnot included in the revision. The criteria must be includedto fulfill the state's obligation to demonstrate compliance withNAAQS. Section 4.1.2, page 44 

# -

# - "There are approximately 200,000 acres in the CRP, mostly in southern Idaho. ISDA estimates that about ten percent ofthat acreage is burned annually." There are conflicting numbers inregards to CRP acres in Idaho. We would recommend validatingthe estimate and citing the source ofthe information statedin the report to clear up any confusion. We would also like to see what information ISDAused to estimate that number ofacres burned annually since SouthernIdaho was not registering the numbers ofacres burned in the previous program. Section 5.3, page 59 "Some ofthe additional monitoring resources are proposed to beportable and will be deployed at sensitive receptor institutions located within the 3 mile buffer zone when practical." It

### is our understanding that under this SIP, crop residue burningneeds to done in a manner to protect sensitive receptors so we are unclear what role a 3-mile buffer zone plays inthis process. Section 5.5, page 60 "As necessary, in managing and evaluating Idaho's reasonable progress, DEQ may conduct analysis or modeling to better characterize the frequency ofhaze impacts at Class I areas statewide." Webelieve the DEQ should conduct analysis and/or modeling to look at the haze impacts ofcrop residue burning. This should not be optional information gathering butrequired data to understand the impact to Class I areas in Idaho. The Idaho Conservation League appreciates the opportunity to provide comments on the proposed revision to the State ImplementationPlan (SIP) to implement a new crop residue- burning program in Idaho. Sincerely,

Courtney E. 

### Washburn Community Conservation Director 

# -

-.

### CERTIFICATE OF HEARING
SUBJECT: Rules for the Control ofAir Pollution in Idaho, Docket No. 58-0101-0801 and Proposed Revision to Idaho SIP LOCATION: DEQ Conference Center, 1410 N. Hilton, Boise, Idaho HEARING DATE: May 2,2008 The undersigned designated hearing officer hereby certifies that on the 

## 2nd 

### day of May, 2008, a public hearing was held on the Rules forthe Control ofAir Pollution in Idaho, Docket No. 58-0101-0801, and the proposed revision to the Idaho SIP at the DEQ conference center in Boise, Idaho. The hearing commenced at 

## 3:30 p.m. and was adjourned at 

## 4 p.m. Members ofthe public attended the hearing but did not wish to present oral testimony. Notice ofthis hearing appeared in the Idaho Administrative Bulletin, as required by Idaho Code Section 67-5221, on April 2, 2008. Notice ofthis hearingalso appeared in the Coeur d'Alene Press, Idaho State Journal, Idaho Statesman, Lewiston Morning Tribune, Post Register, Spokesman Review, and Times News on April 2, 2008. These publications were timely made and all necessary notice requirements have been met.
DATED this 2nd 

### day of May, 2008.



## lk 

## rry We ks Hearing Officer

.­ CERTIFICATE OF HEARING

# SIGN-IN ROSTER FOR PUBLIC HEARING Rules for the Control ofAir Pollution in Idaho, DOCKET NO. 58-0101-0801 and Proposed Revision to the Idaho State Implementation Plan (SIP) LOCATION: DEQ Conference Center, 1410 N. Hilton, Boise, Idaho DATE: May 2,2008 

# -

NAlvIE AND E MAIL ADDRESS (PLEASE PRINT)**~** 

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# Pa~t;L**!u,/~** ORGANIZATION REPRESENTED (IF ANY) 

# ICPA :::;:d" 

# -Pre**~** rJjtA.le-ff4K**7)cf~** 

# 0-.**D~Q ~**  Do you wish to comment on

Rule Docket 58-0101 0801? 

# No

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,

# ~

/1..-0 Do you wish to comment on Proposed SIP

Revision? 

# (\)\5) 

# No

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# -



# - /'

# -- .- IDAPA 58
- DEPARTMENT OF ENVIRONMENTAL QUALITY 58.01.01
- RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO DOCKET NO. 58-0101-0801 NOTICE OF RULEMAKING • TEMPORARY AND PROPOSED RULE

EFFECTIVE DATE: The temporary rule was adopted by the Board ofEnvironmental Quality on March 12, 2008 with an effective date ofApril 2, 2008. AUTHORITY: In compliance with Sections 67-5221(1) and 67-5226(1), Idaho Code, notice is hereby given that the Board of Environmental Quality has adopted a temporary rule and the Department of Environmental Quality is commencing proposed rulemaking. This action is authorized by Sections 39-105 and 39-107, Idaho Code, andHouse Bill 557 (to be codified at Section 39-114, Idaho Code). PUBLIC HEARJNG SCHEDULE: Apublic hearing concerning this proposed rule will be held as follows:

Department ofEnvironmental Quality Conference Room C 1410 N. Hilton, Boise, Idaho
The hearing site(s) willbe accessible to persons with disabilities. Requests for accommodation mustbe made no later than five (5) days priorto the hearing. For arrangements, contact the undersigned at (208) 373-0418. DESCRIPTIVE SUMMARY: The purpose of this rulemaking is to implement the provisions of House Bil1557, wherein the 2008 Idaho Legislature approved a program for the open burning ofcrop residue to be administered by the Idaho Department of Environmental Quality (IDEQ) and repealed the Smoke Management and Crop Residue Disposal Act previously administered by the Idaho State Degartment ofAgriculture (ISDA). Field burning has been prohibited in Idaho since January 2007 as a result of a 9 Circuit Court ()f Appeals ruling. In December 2007 representatives of farming organizations, Safe Air for Everyone (SAFE), ISDA, and IDEQ agreed on various components of a program for the open burning of crop residue. House Bill 557 and this rule address the central components ofthat agreement. This rule is modeled after the Nez Perce smoke management program which prohibits field burning ifair quality levels exceed or are expected to exceed 75% ofany national ambient air quality standard. Famlers are required to obtain a notice of approval to bum, provide notice of proposed bums, and pay a registration fee based upon the number of acres to be burned. The rule contains provisions to ensure that the public has ready access to this information. In addition, IDEQ is required to conduct ongoing and annual reviews oftheprogram. Adoption ofthis temporary rule does not in itselfauthorize the open burning ofcrop residue in Idaho. Before burning can resume in Idaho, several actions must take place, including development of a revised State Implementation Plan (SIP) and approval ofthe SIP by the U.S. Environmental Protection Agency. Farmers desiring to bum crop residue, members ofthe regulated community who may be subject to Idaho's air quality rules as well as special interest groups (including SAFE), ISDA, tribes, public officials, and members ofthe public who have an interestin the regulation ofair emissions from sources in Idaho may be interested in commenting on this proposed rule. The proposed rule text is in legislative format. Language the agency proposes to add is underlined. Language the agency proposes to delete is struck out. Itis these additions and deletions to whichpublic comment should be addressed. After consideration of public comments, DEQ intends to present the final proposal to the Board of Environmental Quality in October 2008 for adoption ofa pending rule. Thepending rule is expected to become final upon adjournment ofthe 2009 legislative session ifadopted bythe Board and approvedbythe Legislature. TEMPORARY RULEJUSTIFICATION: Pursuantto Section 67-5226(1)(c), Idaho Code, the Governor has found
Idaho Administrative Bulletin Page 28 "April 2, 2008

- Vol. 08-4

# - DEPARTMENTOFENVIRONMENTAL QUALITY DocketNo. 58-0101-0801 Rules for the Control of

### AirPollution in Idaho Temporary andProposed Rule**~----~---------------------------------** that temporary adoption ofthe rule is appropriate in that the rules confers a benefit. Adoption of a temporary rule, along with other required actions, will ensure protection ofpublic health and the environment and will enable farmers to use the tool ofburning within a program agreed upon by SAFE, ISDA, IDEQ, and other interested parties. NEGOTIATED RULEMAKING: The text of the rule has been drafted based on discussions held and concerns raised during negotiations conducted pursuant to Section 67-5220, Idaho Code, and IDAPA 04.11.01.812-S15. On February 6, 2008, the Notiee ofNegotiated Rulemaking was published in the Idaho Administrative Bulletin, Vol. 08­ 2, page 31, and apreliminary draft rule was made available forpublic review. Meetings were held onFebruary 12, 15, and 21, 200S. Several members of the public participated in this negotiated rulemaking process by attending the meetings and by submitting written comments. IDAHO CODE SECTION 67-5221(c) FISCAL IMPACT STATEMENT: The adoption ofthis rule will have one time initial start-up expenses of $186,700 as well as ongoing program costs estimated to be $419,700 for a total impact of$606,377 to the general fund for FY2009. All future receipts remitted to the state for field burning under this rule shall be transferred to the general fund to help with ongoing program costs. At this time, it is unknown how much funding will come from this dedicated source annually. IDAHO CODE SECTION 39-107D STATEMENT: This rule does not regulate an activity not regulated by the federal government, nor is itbroader in scope or more stringent than federal regulations. ASSISTANCE ON TECHNICAL QUESTIONS AND SUBMISSION OF WRITTEN COMMENTS: For assistance on questions concerning the negotiated rulemaking, contact Martin Bauer at (20S)373-0440, martin.bauer@deq.idaho.gov

. 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 May2, 2008.
DATED this 12th day ofMarch, 200S. 

# -
Paula J. Wilson, Hearing Coordinator Department ofEnvironmental Quality 1410 N. Hilton/Boise, Idaho S3706-1255 (20S)373-041S/Fax No. (208)373-0481 paula.wilson@deq.idaho.gov

THE FOLLOWING IS THE TEXT OF DOCKET NO. 58-0101-0801
600. RULES FOR CONTROL OF OPEN BURNING. The purpose ofSections 600 through 61-723 is to reduce the amount ofemissions and minimize the impact ofopen burning to protect human health and the environment from air pollutants resulting from open burning as well as to reduee the visibility impairment in mandatory Class I Federal Areas in accordance with the regional haze long-term strategyreferenced at Section 667. (3 30 07)(4-2-0S)T 601. FIRE PERMITS,HAZARDOUS MATERIALS,AND LIABILITY. Compliance with the provisions of Sections 600 through 6.J1.23 does not exempt or excuse any person from complying with applicable laws and ordinances of other jurisdictions responsible for fire control or hazardous material disposal or from liability for damages or injuries whieh may resultfrom openburning. (3 21 03X:l-2-0S)I 602. NONPREEMPTlON OF OTHERJURISDICTIONS. Theprovisions ofSections 600 through 6.J1.23 are not intended to interfere with the rights ofany city, county or other governmental entities or agencies to provide equal or more stringent control ofopen burning within their respective jurisdictions. f3-2-J.-.tBf(4-2-08)T

---_.


# __..

### __

## .--------------------­ 

# - Idaho AdministrativeBulletin Page 29 April 2, 2008

- Vol. 08-4

### DEPARTMENT

### OF ENVIRONMENTAL QUALITY DocketNo. 58-0101-0801 Rules for the Control of AirPollution in Idaho TemporaryandProposed Rule

603. GENERAL RESTRICTIONS. 01. Categories and Materials. No person shall allow, suffer, cause or pennit any open burning operationunless it is a category ofopen burning set forth in Sections 600 through 6ll-23 andthe materials burned do not include any ofthe following: (3 21 03)(4-2-08)T


### a. Garbage, 

### as defined in Section 006. (3-21-03) 

### b. Dead animals, animal parts, or animal wastes (feces, feathers, litter, etc.) except as provided in Section 616. (3-21-03)
c. Motor vehicles, parts, or any materials resulting from a salvage operation. (3-21-03) 

### d. Tires or otherrubber materials orproducts. (3-21-03)


### e. Plastics. (3-21-03) f. Asphalt orcompositionroofing or any other asphaltic material or product. (3-21-03) g. Tar, tar paper, waste or heavypetroleumproducts,orpaints. (3-21-03) 

### h. Lumber or timbers treated with preservatives. (3-21-03) i. Trade waste, as defined in Section 006, except as specifically allowed under Sections 600 through (3 21 03)(4-2:f)8)T j. Insulatedwire. (3-21-03) k. Pathogenic wastes. (3-21-03) l. Hazardous wastes. (5-1-94) 02. Air Pollution Episodes. No person shall allow, suffer, cause or pennit any open burning to be initiated during any stage of an air pollution episode declared by the Department in accordance with Sections 550, through 562. (3-21-03) 03. Emergency Authority. In accordance with Title 39, Chapter 1, Idaho Code, the Department has the authority to require immediate abatement ofany open burning in cases ofemergency requiring immediate action to protecthuman health or safety. (3-21-03) 604.

-- 60S. (RESERVED). 606. CATEGORIES OF ALLOWABLE BURNING. The purpose ofSections 606 through 6+1-23 is to establish categories ofopen burning that are allowed when done according to prescribed conditions. Unless specifically exempted each category in Sections 606 through 6ll-23 is subject to all ofthe provisions ofSections 600 through 605. (321 03)(4-2-08)T 

### (BREAK IN CONTINUITY

### OF SECTIONS)
617. CROP RESIDUEDISPOSAL. The open burning ofcrop residue on fields where the crops were grown is an allowable fonn of open burning if conducted in accordance with the 8moke Mi:lnegemeNt ttntl CI'Op RCBidue Displ3sr:t/Act, Chtipter 48, Title 22 Section**~~.!.,** Idaho Code, and the rulCBprtrmulgatedp1:l/,sblant tho;"elo, JDAR4 02.06.16 , "Crop Residuo Disposal R1:I!C8. "

Idaho Administrative Bulletin Page 30 April 2, 2008

- Vol. 08-4

# -, DEPARTMENT

### OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0801 Rules for the Control of

### AirPollution in Idaho TemporaryandProposedRule Sections 618through 623 ofthese rules. (321 Q3)(4-2-08)T 618. PERMIT BY RULE. 01. General Requirements. All persons shall be deemed to have a pennitbyrule ifthey comply with all the provisions of Sections 618 through 623. No person shall conduct an open bum of crop residue without obtaining the applicable pennit by rule. The pennit by-rule does not relieve the applicant from obtaining all other .requiredpermits and approvals requiredby other state and local fire agencies orpermitting authorities. [4-2-08)T 02. Forms. The Department shall provide the**appropri~te** forms to complete the pennitbyrule. Fonns maybe available at the Department offices or onthe Department website. (4-2-08)T 619. REGISTRATION FOR PERMIT BY RULE. ill1Y...Person applying to burn crop tesidue shall annually provide the following registration information to the Department at least thirty (30) days prior to the date the applicant proposes to bum: (4-2-08)T 01. Location of Property. Street address of the property upon which the proposed bumin!.?, of crop residue will occuror, ifthere is no street address ofthe property.Jhe legal description ofthe propertY,using longitude**~nd** latitude coordinates or township. range and section for the Idaho meridian; (4-2-08)T 02. Applicant Information. Name, mailing address, and telephone number ofthe applicant. and the person who will be responsible for conducting the proposed burning of crop residue and the portable form of communication refereIlceglILSubsection 622.0I.c. ofthis rule:**L4~2-08}T** 

### .!ll. PlotPlan. A plot plan showing the location ofeach proposed crop residue burning area in relation to the property lines and indicating the distances and directions ofthe nearest residentiaL public, and commercial properties, and roads; (4-2-08)T 

# - !l±. Type. Acrea2e and Fuel Characteristics of Crop Residue Proposed to be Burned. The crop type, area overwhich burning will beconducted (acres). and other fuel characteristics; [4-2-08)T 05. Preventive Measures. A description oHhemeasures that will be taken to prevent escapedbums or withhold additional material such that the fire bums down, including but not limited to. the availability ofwater and plowed firebreaks; and (4-2-08Yf 06. Date of Burning. The requested date(s) when the proposed crop residue burning would be conducted or the proposed date the field will be available to be burned. (4-2-08)T 620. REGISTRATION FEE. 01. PaymentofFee. Thepennitby rule registration fee set out in Section 39-114, Idaho Code, shall be lli!id in its entirety at least seven (7) da-YlllJior to the pmposedbumdate. The permit byrule registration fonn and fee shouldbe sent to: Crop Residue Burning Registration Fees Fiscal Office Idaho Departm@t ofEnvironmental Quality 1410 N. Hilton, Boise, ID 83706-1255 (4-2-08)T Effect of Payment. Pavment ofthe registration fee does not imply al!thorization or approval to {4-2-08)T 621. BURN DETERMINATION. 01. BurnApproval Criteria. The Department shall develqp a Crop Residue Operating Guide to use in assisting in the determination ofburu approvals. The pennittee shall obtain initial approval from the Department for the proposed bum at least twelve (12) hours in advance of the bum. The pe;nnittee shall confinil, with the 

# - Idaho Administrative BuJ1etin Page 31 April 2, 2008

- Vol. 08-4

# - DEPARTMENTOFENVIRONMENTAL QUALITY Docket No. 58·0101-0801 Rules for the Control

### ofAirPollution in Idaho Temporary andProposedRule Department, the approval the morning of the proposed bum. The Department may shorten this time frame if meteorological or other applicable conditions change thatwill impact the air quality during the proposedbumperiod. To approve a pennittee's requestto bum, theDepartmentmust detennine that ambient airquality levels do not exceed seventy-fivepercent (75%) ofthe level ofany national ambient air quality standards on anyday and are not projected to exceed suchlevel overthe nexttwenty-four (24) hours, and ambient airquality levels have notreached, and are not forecasted to reach and persist at, eighty percent (80%) ofthe one (1) hour action criteria for particulate matter under Section 556 ofthese rules. In making this determination. the Department shall consider the following: {4-2-08)T .!!:. Expected Emissions. Expected emissions from all burns proposed for the same dates: {4-2-08)T 

### .!.!. Proximitv ofOtherBums. Theproximity ofother burns and otherpotential emission sources within the areato be affected by the proposed burn: (4-2-08)T Moisture Content. Moisture content ofthe material to be burned; (4-2-08)T Acreage, Crop Type, and Fuel Characteristics. Acreage, crop type, and fuel characteristics to be (4-2-08)T Meteorological Conditions. Meteorological conditions; (4-2-08)T

Proximity to Public Roadways. Proximity to public roadways; (4-2-08)T 

# - proximityto Airports. Proximity to airports; and (4-2-08)T 

## 1 Other Relevant Factors. Any other factors relevant to preventing exceedances of the air quality concentrations ofSection 621. (4-2-08)T 02. Notification of Approval. Ifthe Department approves the bum, then it will post on its website :!yritten notification ofthe approval and any specific conditions under which the burn is approved. Special conditions may include, blJt are not limited to: (4-2-08)T Conditions for burns near institutions with sensitive populatioru.;. (4-2-08)T 

### b. The requirement to withhold additional material such that the fire burns down if the Department getermines pollutant concentrations reach the levels in Subsection 621.01 ofthis rule: (4-2-08)T .£:. Conditions to ensure the burn does not create ahazard for travel on a public roadway; and (4-2-08)T d. The requirement to consult with the Departmentto detennine actions to be taken ifconditions at the bum site fail to satisfY the conditions specified in the notice ofapproval to burn. (4-2-08)T 622. GENERAL PROVISIONS. 01. Burn Provisions. All persons in Idaho intending to dispose ofcrop residue through burning shall abide by the following provisions: (4-2-08)T .!!:. Burning f'rohibitions. Burning ofcrop residue shall not be conducted on weekends. federal or state holidays, or after sunset orbefore sunrise: (4-2-08)T b. Designated Bum Day. B.\Jrning ofcrop residue shall not be conducted unless the Department has
Idaho Administrative Bulletin Page 32 April 2, 2008 - Vol. 08-4

# - DEPARTMENTOFENVIRONMENTAL QUALITY DocketNo. 58-0101·0801 Rules for the Control

### ofAirPollution in Idaho Temporary andProposed Rule**de~Ilatec!** that day a burn day and the permittee**ha~ receiv~d**  individual approval spec;ifungjhe conditions under which the burn maybe conducted; (4-2-08)T £.. Portable Fonn of Communication. The person conducting the burning must have on their possession a portable form of communication such as a cellular phone or radio ofcompatible frequency with the Department in order to receive bum approval information or infonnation that might require measures to withhold additional material such thatthe fire burns down: (4-2-08)T 

### d. Location ofField Burning. Open burning ofcrop residue shaH be conducted in the field where it was generated; (4-2-08)T ih Limitations on Burning. When reqllired by the conditions of the notice ofapproval to burn, the I2ennittee burning in proximity to institutions with sensitive populations shall immediately extinguish the fire or withhold additional material such that the fire burns down, unless the Department determines that the burn will not have an adverse impact on such institutions; (4-2-08)T 

## .t Training Session. All persons intending to burn crop residue shall attend a crop residue burning training session provided by the Idaho Department of Environmental Quality or the Idaho State Department of Agriculture and shall attend a crop residue disposal refresher training session everyfive (5) years; {4-2-08)T**~** Air Stagnation or Degraded Air Quality. All field burning shall be prohibitedwhenthe Department issues an air quality forecast and caution, alert, warning Ofemergency as identified in Section 552 oftheserules: (4-2-08)T h. Allowable Ponns ofOpen Burning. The use ofreburnmachines, propane flamers, orotherportable devices to ignite or reignite a field for the purposes ofcrop residue burning shall be considered an allowable form of open burning. Tires and other restricted material described in Subsection 603.01, ofthis rule, are not allowed for ignition offields; (4-2-08)T 

# - .L Additional Burn Permits. All persons intending to burn crop residue shall obtain any additional applicable pennits from federal, state orlocal fire control authorities prior to receiving approval from the Department**~o** burn crop residue; and C4-2-08)T 

## 1 Reporting to the Department. All persons burning crop residue shall report to the Department the dateburningwas conducted. the actual number and location ofacres burned, and otherinformation as reQuired bythe Department. The Department may restrict further burningby a permittee until completedburns are reported. C4-2-08)T 02. Annual Report. The Department shall develop an annual report that shall inciude, at a minimum. an analysis ofthe causes ofeach exceedance ofa limitation in Section 621 ofthis rule, ifany, and an assessment of the circumstances associated with any reported endangerment to human health associated with a burn. The report shall include anyproposedrevisions tothese rules orthe CropResidue Operating Guide deemed necessarytoprevent future exceedances. (4-2-08)T 03. Advisory Committee. The Department will assemble an advisory committee consisting of representatives from environmental organizations, farming organizations, health organizations, tribal organizations. the Idaho State Department ofAgriculture, the Idaho Department ofEnvirorunental Quality, and others to discuss openburning ofcrop residueissues. (4-2-08)T 623. PUBLIC NOTIFICATION. 01. Designation of Burn Days. The Director or his de;,ignee shall designqte for a given county or airshed within_a countybum or no-bum days. {:±:2-08)T Posting onWebsite.The Department shall post daily on its website: (4-2-08)T Whether a**giv~n** day is a bum or no-burn day; f4-2-08)T 

# - Idaho Administrative Bulletin Page 33 April 2, 2008**~** Vol. 08-4

# - DEPARTMENTOFENVIRONMENTAL QUALITY DocketNo. 58-0101-0801 Rules for the Control

### ofAirPollution in Idaho Temporary andProposed Rule 

### 1l. The location and number ofacres permitted to be burned; (4-2-08)T .!::. Meteorological conditions and any real time ambient air quality monitoring data: and (4-2-08)T d. A toll-free number to receive requests for information. (4-2-08)T 03. E-Mail Update Service. The Department shall provide an opportunity for interested persons to sign up to receive automatic e-mail updates for infonnationregarding the open burning ofcrop residue.**(4-2~08)T** 

### 6:1&--624. (RESERVED). 625. VISIBLE EMISSIONS. A person shall not discharge any air pollutant into the atmosphere from any point ofemission for a period or periods aggregating more than three (3) minutes in any sixty (60) minute period which is greater than twenty percent (20%) opacity as detennined by this section. (4-5-00) 01. Exemptions. The provisions ofthis section shall not apply to: (4-5-00)


### a. Kraft Process Lime Kilns, ifoperating prior to January 24, 1969; or (5-1-94) 

### b. Carbon Monoxide Flare Pits on Elemental Phosphorous Fun:i.aces, ifoperating prior to January 24, 1969; or (5-1-94)
c. Liquid Phosphorous Loading Operations, ifoperatingpriorto January 24, 1969; or (5-1-94) 

### d. Wigwam Burners; or (5-1-94)
e. Kraft Process Recovery Furnaces. (5-1-94) f. Calcining Operations Utilizing an Electrostatic Precipitator to Control Emissions, ifoperatingprior to January 24, 1969. (5-1-94) 02. Standards for Exempted Sonrces. Except as provided in Section 626, for sources exempted from the provisions ofthis section, aperson shall not discharge into the atmosphere from any point ofemission, for any air pollutant for a period or periods aggregating more than three (3) minutes in any sixty (60) minute period which is greaterthan forty percent (40%) opacity as determinedby this section. (4-5-00) 03. Exception. The provisions ofthis section shall not apply when the presence ofuncombined water, nitrogen oxides and/or chlorine gas are the only reason(s) for the failure of the emission to comply with the requirements ofthis rule. (4-5-00) 04. Test Methods and Procednres. The appropriate test method under this section shall be EPA Method 9 (contained in 40 CFR Part 60) withthe method ofcalculating opacity exceedances altered as follows: (4-5-00)
a. Opacity evaluations shall be conducted using forms available from the Department or similar forms approved by the Department. (4-5-00) b. Opacity shall be detennined by counting the number ofreadings in excess ofthe percent opacity limitation, dividing this number by four (4) (each reading is deemed to represent fifteen (15) seconds) to find the number ofminutes in excess ofthe percent opacity limitation. This method is described in the Procedures Manual for Air Pollution Control, Section II(Evaluation ofVisible Emissions Manual), September 1986. (4-5-00)
c. Sources subject to New Source Performance Standards must calculate opacity as detailed above and as specified in 40 CFR Part 60. (4-5-00) Applicability. Section 625 shall not allplv to the open burning ofcroll residue. (4-2-08)T
Idaho Administrative Bulletin Page 34 April 2, 2008

- Vol. 08-4

# -

-.

### FINAL PROPOSAL
RULES FOR THE CONTROL OF AIR POLLUTION 

### IN IDAHO, DOCKET NO. 58-0101-0801 The Department of Environmental Quality recommends that the Board of Environmental Quality adopt the rule as initially proposed in the Idaho Administrative Bulletin, April 2008, Vol. 08-4, pages 28 through 34.



# -

,­

### IDAPA 58 - DEPARTMENT OF ENVIRONMENTAL QUALITY 58.01.01 -- RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO 

# - DOCKET NO. 58-0101-0801 NOTICE OF RULEMAKING - PENDING RULE
EFFECTIVE DATE: 

### This rule has been adopted by the Board of Environmental Quality (Board) and is now pending review by the 2009 Idaho State Legislature for final approval. The pending rule will become final and effective immediately upon the adjournment sine die 

### ofthe First Regular Session of the Sixtieth Idaho Legislature unless prior to that date the rule is rejected by concurrent resolution in accordance with Idaho Code Sections 67-5224 and 67-5291. This rule was adopted as a temporary rule by the Board in March 2008 and is currently effective. AUTHORITY: 

### In compliance with Section 67-5224, Idaho Code, notice is hereby given that the Board has adopted a pending rule. This action is authorized by Sections 39-105 and 39-107, Idaho Code, and House Bill 557 (codifed at Section 39-114, Idaho Code). DESCRIPTIVE SUMMARY: 

### A detailed summary ofthe reason for adopting the rule is set forth in the initial proposal published in the Idaho Administrative Bulletin, April 2, 200B, Vol. 08-4, pages 28 through 34. After consideration of public comments, the rule has been adopted as initially proposed. The Rulemaking and Public Comment Summary can be obtained at http://www.deq.idaho.gov/rules/air/58 0101 OB01 pending.cfm or by contacting the undersigned. IDAHO CODE 

### § 39-1070 STATEMENT: 

### This rule does not regulate an activity not regulated by the federal government, nor is it broader in scope or more stringent than federal regulations. FISCAL IMPACT STATEMENT: 

### The adoption of this rule will have one time initial start-up expenses of $186,700 as well as ongoing program costs estimated to be $419,700 for a total impact of $606,377 to the general fund for FY2009. All future receipts remitted to the state for field burning under this rule shall be transferred to the general fund to help with ongoing program costs. At this time, it is unknown how much funding will come from this dedicated source annually. ASSISTANCE ON TECHNICAL QUESTIONS: 

### For assistance on technical questions concerning this rulemaking, contact Martin Bauer at (20B) 373-0440, martin.bauer@deq.idaho.gov. Dated this

__ day of October, 200B.
Paula 

### J. Wilson Hearing Coordinator Department of Environmental Quality 1410 N. Hilton Boise, Idaho 83706-1255 (20B)373-041B/Fax 

### No. (208)373-04B1 paula.wilson@deq.idaho.gov



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