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 of revisions to the Department of 

Environmental Quality's (DEQ) Rules for the Control of Air Pollution in Idaho, IDAPA 58.01.0 I. DEQ 

is seeking Environmental Protection Agency (EPA) approval of the following revision as an update to the 

contents of the Idaho State Implementation Plan (SIP), 40 CFR Part 52, Subpart N: 

IDAPA Docket 58-0101-0703 - Clarification of Sulfur Content of Fuels 


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 only to reflect the effective date of approval by the Idaho Legislature. 

These revisions to the state rules were promulgated pursuant to the Environmental Protection and Health 

Act, Idaho Code, Sections 39-10 I through 39-130. Review and approval by a DEQ Deputy Attorney 

General was obtained at appropriate times throughout the rulemaking process. Rule adoption was made in 

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

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

If you or your staff has questions concerning any of these rules, please contact Martin Bauer, Air Quality 

Division Administrator, at 208-373-0440. Mr. Bauer and his staff are 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 of Environmental 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 of Air ~ ution in Idaho are hereby adopted as pending rules as 


presented in the attached Final Proposal. 


STATE OF IDAHO 


ss. 


County of Ada 


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. 


Not~~ ubllc Idah~.I. '1..11,~ Resldmg at: ~~" ~ 

Expires: 710l c,L...;J.ot3 I f 
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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 of Air 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 

Director Approval of Proposed Administrative Rules Form and * Notice of Negotiated Rulemaking 

/-j. 

t/ p~t'-· , Approval Received from DFM/Governor ! I i 


,"\. , 


Legal Review of ProposedlTemporary Rule Docket 

,/ 'J {I /1 t ,I Director Approval of ProposedlT emporary Rule Docket 

,/ Board Adoption of Temporary 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 of Air Pollution in Idaho, Docket No. 58-0101-0703 

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. 58-0101-0703. 

-


-

\ 

j' 

Docket Number: 58-0101-0703 

Effective Date: 2009 Sine die 

Rules Title: Rules for the Control of Air 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 of fuels, 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 of the First Regular Session of the 

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 of the 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, if appli<;: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 or welfare 

[ 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 
 Rules for Sulfur Content of Fuels Clarifies the applicability of this section. The rule has pot been revised. See 

attached Response to Public 

726 
 Section number changed Comments. Definitions as Used in Sections 727 
 from 726 to 725.01. 

through 729 
 .. 

Section number changed from 727 to 725.02. 

Obsolete language deleted. 

727 
 Residual Fuel Oils 

728 
 Distillate Fuel Oils Section number changed from 728 to 725.03.

I 


729 
 Coal 
 Section number changed from 729 to 725.04. 

798 
 Electric Generators Revises reference to other rule section. 

I 


) 	

• 

and Comment .ty - Page 2 

) 

Rules for the Control of Air Pollution in Idaho 

Docket No. 58-0101-0703 

Response to Public Comments 

This comment letter does not provide specific comments on 

Alex LaBeau Thank you for the opportunity to comment on Sections 725 the proposed rule, recognizing that the changes in the 

President through 729, as they relate to sulfur content of fuels. We proposed rule are not substantive in nature. The letter 

Idaho Association of recognize that the changes are not substantive in nature; rather it formally notifies DEQ of its 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 belief that this is an important of alternative fuels. 

Boise, ID 83701 opportunity for our organization to formally notify the IDEQ of The rule has not been revised in response to this comment. 

our interest in revising these sections to allow for the utilization 

of alternative fuels. IACI's members are confronting untenable 

circumstances relating to the current limitations in these rules 

and escalating fuel prices. Any proposal presented for 

discussion would achieve the level of environmental protection 

reflected in the current rules or imposed by existing permits. 

Specifically we propose to work with the IDEQ to draft 

language that would give flexibility to Idaho sources to use 

varying sources or types of fuel to respond to unpredictable fuel 

markets. Our intent is to create flexibility only to the extent that 

currently allowed sulfur emissions are authorized under an 

approved alternative. 

Weare aware that such a change would require areview by EPA 

of Idaho's State Implementation Plan. Nevertheless, we are 

hopeful that the EPA will find such a change acceptable as such 

regulation has been successfully implemented in other states. 

We are prepared to work with the IDEQ to provide the support 

for such a rule change. lACl would appreciate suggestions from 

lDEQ on an appropriate path forward. We look forward to 

with 

Response to Public Comments, Docket No. 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 

/1 " 

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~A~) '\" \ lLL 1-, 1 \ LulL .:;. ""'08 '-,J '..."'</-' ~ -.:::>'N ,)"-1 .., :- J Vi1 r A 

) 1!'- . v IllC~/1

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, , } 
) ) 

Name - PLEASE PRINT AtTlliation 

E-Mail Address AND 

Telephone Number 

D81N e.OtL0ttE1 ~~~ ~ 

0.--; -r:J.o 

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LIST OF PUBLIC COMMENTS 


Proposed Rules for the Control of Air 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 State Legislature 

Jeff Youtz 

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 of Air 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 & Policy Analysis Legislative Audits Information Technology 


Statehouse, P.O. Box 83720 Tel: 208-334-2475 

Boise, Idaho 83720-0054 www.legislature.idaho.gov 
Legislative Services Office 


Idaho State Legislature 


Jeff Youtz RECEIVED 

Director 

APR Ci 1 2008 

MEMORANDUM Office of the Attorney Genera! 

IDEQ 

TO: 	 Rules Review Subcommittee of the 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: 	 Department of Environmental Quality 

The Department ofEnvironmental Quality submits notice of proposed rule at IDAP A 

58.01.01 - Rules for the Control ofAir Pollution in Idaho. According to the Department, the 

rulemaking is proposed to clarify the purpose and applicability of specified sections ofthe rule 

relating to sulfur content of fuels. The Department notes that the changes are not substantive in 

,I""'- " nature. Negotiated rulemaking was conducted. 

The Department also notes that the rule does not regulate an activity not regulated by the 

federal government, nor is it broader in scope or more stringent than federal regulations and 

confirms that there is no negative fiscal impact on the state general fund greater than ten 

thousand dollars as a result ofthe changes. 

We have no specific comments or suggestions based on our review of this rule. The 

proposed rule appears to be authorized by Sections 39-105 and 39-107, Idaho Code. 

cc: 	 Department ofEnviromnental Quality 


Paula J. Wilson 


Martin Bauer 


J.\like Nugent, Manager Cathy Holland-Smith, Manager Don H;. Berg, Manager Glenn Harris, l\'Ianager 


Research & Legislation Budget & Policy Analysis Legislative Audits Information Technology 


Statehouse, P.O. Box 83720 Tel: 208-334-2475 

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

Commerce & Industry -, lAC The Voice of Business in Id~hoi1j

Martin Bauer June 4,2008 

Air Quality Division 

DEQ State Office 

1410 N, Hilton 

Boise. ID 83706 

Sent Via Email: martin)niuer(lv,deqJdahogov 

Dear Martin; 

Thank you for the 0ppOliunity to comment 011 Sections 725 through 729, as they relate to sulfur 

content offuels. We recognize that the changes are not substantive in nature; rather it is to clean 

up and clarifY the sections. 

Nevertheless, it is IACI's beliefthat this is an imp011ant opportunity for OUt organlzation to 

fonnally notify the IDEQ of our interest ill revising these sections to anow for the utiljzation of 

alternative fuels, IACI's members are confronting untenable cil'cumstances relating to the 

current limitations in these rules and escalating fuel prices. Any proposal presented for 

discussion would achieve the level of environmental protection .reflected in the current rules or 

imposed by existing permits. 

Specifically we propose to work with the IDEQ to draft language that would give flexibility to 

Idaho sources to 1.18e varying sources or types of fuel to respond to unpredictable fuel markets. 

Our intent is to create flexibility only to the extent that currently allowed sulfur emissions are 

authorized under an approved alternative. 

We are aware that such a chullge would require a review by the EPAofldaho's State 

Implementation Plan, Nevet1heless, we are hopeful that the EPA will find such a change 

acceptable as such regulation has been successfully implemented in other states. 

We are prepared to work with the IDEQ to provide the SUppOlt for such a rule change. lACI 

would appreciate suggestions from IDEQ on an appropriate path forward. We look forward to 

working with you. 

-

·,..-tlillfl......., 


CERTIFICATE OF HEARING 

SUBJECT: 	 Rules for the Control of Air 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 

of June, 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 of the 

public attended the hearing. 

Notice of this 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~

Hearing 

ar~ 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 authorized by Sections 39·105 and 39·107, Idaho Code. 

PUBLIC HEARING SCHEDULE: A public hearing concerning this proposed rule will be held as follows: 

Department of Environmental 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 

ensure that the purpose and applicability of Sections 725 through 729, as they relate to sulfur content of fuels, is clear. 

The revisions to Sections 725 through 729 have been proposed for clarification purposes and are not substantive in 

nature. 

Members of the regulated community who may be subject to Idaho's air quality rules as well as special interest 

groups, public officials, or members ofthe public who have an interest in the regulation of air 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 October 2008 for adoption of a pending rule. The rule is expected to be final and effective 

upon adjournment ofthe 2009 legislative session if adopted by the Board and approved by the 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 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 of the 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 it broader 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 below regarding this proposed rule. 

DEQ will consider all written comments received by the undersigned on or before June 10, 2008. 

DATED this 27th day of March, 2008. 

Idaho Administrative Bulletin Page 60 May 7,2008 - Vol. 08-5 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0703 


Rules for the Control ofAir Pollution in Idaho Rule 


Paula J. Wilson, Hearing Coordinator 

Department of Environmental Quality 

1410 N. Hilton, Boise, Idaho 83706-1255 

(208)373-0418/Fax No. (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 of sulfur dioxidefromfocl Burning SOI;lI'CCS in Idaho. The reference 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 of ASTM Grade I or Grade 2 fuel oils. 

(5-1-94) - Residual Fuel Oil. Any oil meeting the specifications of ASTM 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, 110 perSall shtlll serl, distribute, 1;t8e or make tlvailable/ei' 

1;t8C, aN)' residualfowl oil eONtail9illg more than two fInd one halfpercent (2.5%) sulfur by weight. 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 containing more than one and three-fourths percent (1.75%) sulfur by weight 

fH-94fL.J 

:n& ]}ISTIU:"iTE PVEL ()n. 

03. Distillate Fuel Oil. No person shall sell, distribute, use or make available for use, any distillate fuel 


oil containing more than the following percentages of sulfur: (5 1 94)L---2 


MI!. ASTM Grade 1. ASTM Grade 1 fuel 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 Docket No. 58-0101-0703 


Rules for the Control ofAir Pollution in Idaho Proposed Rule 


than one percent (1.0%) sulfur by weight. (5194)L-J 

7-3626. -- 749. (RESERVED). 

(BREAK IN CONTINUITY OF SECTIONS) 

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 of operations. (3-15-02) 


01. Fuel Type. Only ASTM (American Society ofTesting and Materials) Grade 1or 2 fuel oil shall be 

used. The sulfur content of the fuel used shall not exceed the percentages of sulfur given 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 per day 

hr/yr = hours per year (3-15-02) 

03. Generator Opacity Limit. Visible emissions from any generator stack, vent, or other functionally 

equivalent opening shall not exceed twenty percent (20%) opacity for a period or periods 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 record the following information. (3-15-02) 

i. The rated output capacity, in kilowatts (kW), ofthe electrical 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 of the fuel oil purchased clearly identifying the ASTM Grade. (3-15-02) 

b. Records of monitoring 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 of operation 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 
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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. 
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 of the 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 stringent than federal regulations. 

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: 

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.gov 
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, WA 98101 

Re: State Implementation Plan Rule Revisions 

Dear Ms. Pirzadeh: 

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

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

is seeking Environmental Protection Agency (EPA) approval of the following revision as an update to the 

contents of the Idaho State Implementation Plan (SIP), 40 CFR Part 52, Subpart N: 

IDAPA Docket 58-0101-0703 - Clarification of Sulfur Content of Fuels 


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 of approval by the Idaho Legislature. 

These revisions to the state rules were promulgated pursuant to the Environmental Protection and Health 

Act, Idaho Code, Sections 39-101 through 39-130. Review and approval by a DEQ Deputy Attorney 

General was obtained at appropriate times throughout the rulemaking process. Rule adoption was made in 

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

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

If you or your staff has questions concerning any of these rules, please contact Martin Bauer, Air Quality 

Division Administrator, at 208-373-0440. Mr. Bauer and his staff are 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 of Idaho 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

Board of Environmental 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 under the provisions for rule adoption contained in Section 67-5224, Idaho Code, I 

declare that the Rules for the Control of Air Pollution in Idaho are hereby adopted as pending rules as 

presented in the attached Final Proposal. 

STATE OF IDAHO 

ss. 

County of Ada 

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 Public for 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 of Temporary 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 of the Idaho Board of Environmental Quality 

Agenda Item #12 

Rules for the Control of Air 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 [ 1No 


Rules Title: Rules for the Control of Air 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 of this 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 of Agriculture (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 of Appeals ruling. In December 2007 representatives of 

21, 2008. Several members of the 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 of a program for the open burning of crop residue. House Bill 557 and this rule 

by submitting written comments. address the central components of that 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 of approval to burn, provide notice of Costs To the Agency: Unknown at this time. proposed burns, and pay a registration fee based upon the number of acres 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 of the program. 

This rule was adopted as a temporary rule by the Board in March 2008 and is currently 

effective. Adoption of the temporary rule did not in itself authorize 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 of this 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 of the First Regular Session of the 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 1 
Temporary Rule 	 [ ] Necessary to protect public health, safety or welfare 

[ ] Compliance with deadlines in amendments to governing law or federal 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 

600 Rules for Control of Open Revises reference to other rule section. The rule has not been revised. See

Burning attached Response to Public Comments. 

601 Fire Permits, Hazardous Revises reference to other rule section. 

Materials, and Liability 

602 Nonpreemption of Other Revises reference to other rule section. 

Jurisdictions 

603 General Restrictions Revises reference to other rule section. 

606 Categories of Allowable Revises reference to other rule section. 

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 

618 Permit by Rule New section. 

619 Registration for Permit by Rule New section. 

620 . Registration Fee New section. 

621 Burn Determination New section. 

622 General Provisions New section. 

623 Public Notification New section. 

Addition of new Subsection 625.05 stating that 625 

does not apply to the open burning of crop residue . 

625 Visible Emissions. 

, 	 Rulemaking and Public Comment SUIT P -Page 2 

• 
) ) ) 

Rules for the Control of Air Pollution 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 lead to a compromise between Safe Air for 

Everyone (SAFE), and grower representatives. We are 

supportive ofthe agreement points that were reached. We were 

supportive of House bill 557 which passed 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 of the efforts to resume crop residue burning 

because additional protections provide assurance that the 

National 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 of public health and air quality so 

if at 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 of public health and air quality then will advocate 

termination of crop residue 

Response to Public Comments, Docket -0801 1 

DEQ intends to implement this program carefully, by 

critically reviewing all factors before approving a burn, 

monitoring many bums, and reviewing bum reports to 

continually find ways to improve the program for all. 

The rule has not been revised in response to this comment. 
Lou Dersch 

Twin Falls, Idaho 

How can a fee offset any amount of air pollution, or compensate 

someone with respiratory health problems, or make things better 

for someone who can't see the mountains any more? The 

farmers' claims of all the benefits of burning are just plain 

wrong. Any plant pathologist will tell 'you that a field doesn't 

bum 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 of the 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 bum 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 

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. 

DEQ appreciates the questions and concerns presented in 

this comment. 

Through its enactment of House Bill 557, the Idaho 

Legislature approved a program for the open burning of crop 

residue to be administered by DEQ. The $2 per acre fee is 

collected to assist in the implementation ofthe crop burning 

program. DEQ intends to work closely with the farmers and 

the public to ensure protection of the public health and the 

environment. 

The rule has not been revised in response to this comment. 

Response to Public Comments, Docket No. 58-0101-0801 2 


) ) ) 
}
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MEETING SIGN-IN SHEET 

Meeting Title: NEGOTIATED RULEMAKING 

Rules for the Control of Air Pollution in Idaho, Docket No. 58-0101-0801 

Meeting Date and Location: 2/12/09 - Boise 

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Meeting Title: NEGOTIATED RULEMAKING 

Rules for the Control of Air Pollution in Idaho, Docket No. 58-0101-0801 

Meeting Date and Location: 2/15/08 Boise 

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Meeting Title: NEGOTIATED RULEMAKING 

Rules for the Control of Air Pollution in Idaho, Docket No. 58-0101-0801 

Meeting Date and Location: 2121108 - Boise 

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LIST OF PUBLIC COMMENTS 


Proposed Rules for the Control of Air 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 State Legislatllre 


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 of Air 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 & Policy Analysis Legislative Audits· Information Technology 


Statehouse, P.O. Box 83720 Tel: 208-334-2475 

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

Legislative Services Office 


Idaho State Legislature 


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 of Environmental Quality 

The Department of Environmental 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 of HB 557 wherein this Legislative 

session the Legislature approved a program for the open burning of crop residue to be 

administered by DEQ. The Department notes that field burning has been prohibited in Idaho 

th 

- since January 2007 as a result of a 9 Circuit Court of Appeals ruling. Following that ruling, an 

agreement was reached between representatives of farming organizations, Safe Air for Everyone, 

ISDA and IDEQ relating to a program for the open burning of crop residue. The Department 

conducted negotiated rulemaking in developing the rule. The Department also notes that 

adoption ofthe rule in itselfwill not authorize the open burning of crop 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 of the plan by the EPA. 

The Department also notes that 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 FY 2009. The Department indicates that future receipts remitted to the state for 

field burning shall be transferred to the general fund to help with ongoing program costs. The 

Department also states that the rule does not regulate an activity not regulated by the federal 

government, nor is it broader in scope or more stringent than federal regulations. 

We contacted the Department to inquire about several specific items in the rule that are not 

specifically set forth in the statute. In paragraph f of Subsection 621.01 there is reference to the 

proximity to sensitive populations (such as schools while in session, hospitals, etc.) being 

considered in determining whether to allow a bum. The Department noted that this factor was in 

-
 ~Mike Nugent, Manager Cathy Holland-Smith, Manager Don H. Berg, "Manager Glenn Harris, Manager 

Research & Legislation Budget & Policy Analysis Legislative Audits Information Technology 

Statehouse, P.O. Box 83720 Tel: 208-334-2475 

Boise, Idaho 83720-0054 www.legisJature.idabo.gov 
fact discussed and agreed to by the parties in the negotiated rulemaking process and was also 

included in the agreement reached between the parties following the court ruling. Similarly, the - proximity to airports and roads reflected in Paragraphs g and h of Su bsection 621.01 were agreed 

to and were actually included in the ISDA rules when the Department of Agriculture was in 

charge of smoke management. Training session provisions reflected in Paragraph f of Subsection 

622.01 were also a carryover from the ISDA rules. 

We have no further comments or suggestions based on our review of this 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 by the Governor and which will be codified as Section 39-114, 

Idaho Code. 

cc: 	Department of Environmental 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 of air pollution, or compensate someone with respiratory health problems, or make 

things better for someone who can't see the mountains any more? The farmers' claims af all 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 of the 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 

Dear Mr. McGown: 

On behalf ofThe Idaho Conservation League (ICL), I submit the following comments on 

the proposed revision to the State Implementation Plan (SIP) to implement a new crop 

residue burning program in Idaho. 

For thirty-four years, the Idaho Conservation League has worked to protect Idaho's clean 

water, wilderness, wildlife, and quality of life. As Idaho's largest state-based conservation 

organization we represent over 9,500 members, many of whom have a deep personal 

interest in responsible management of crop residue burning. The open burning of crop 

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 of the negotiation process that lead to a 

compromise between Safe Air for Everyone (SAFE), and grower representatives. We are 

supportive of the agreement points 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 docket number 

58-0101-0801 (Appendix C, page 97) that became effective on April 2, 2008. 

We are supportive of the efforts to resume crop residue burning because additional 

protections provide assurance that the National 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 of public health and air quality so if at anytime it is determined 

that the protections are not adequate we will advocate for the revision of this program. If 

it is found that crop residue burning cannot be done in away that is protective of public 

health and air quality then will advocate for the termination of crop residue burning 

-

Comments 

The Idaho Conservation League is generally supportive ofthe Open Burning of Crop 

Residue State Implementation Plan (SIP) Revision but we have identified the 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 eomponent to 

ensure that if the 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 on these emission estimates, the fact that southeast and southwest areas ofthe 

state, and the incompleteness ofthe crop residue burning database in other parts of the 

state, this statewide SIP revision assumes that ifthe NAAQS are not violated in the north, 

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 and the unknowns associated with crop residue burning in other parts of the 

state leads us to believe that supplemental analysis is necessary to ensure the NAAQS are 

not violated. The lack of information for other areas ofIdaho is further evidenced by the 

fact that all the models in the exhibits only show North Idaho. 

There seems to need for a modeled attainment demonstration and a need for atmospheric 

modeling to serve as a "guideline model" for simulating pollutants released from a 

burning field. These two pieces of information would lead to better information to base 

program compliance off of to ensure the protection of public health. 

Section 2.3, page 34 

11 Crop residue bums typically are only 30-90 minutes in duration and result in a brief and 

sharp peak," increasing PM 2.s1evels for only an hour or two." . 

We do not believe this statement reflects the total impact of crop residue bums because 

the information solely based on monitor readings. Near-field data is critical to 

understanding the health impacts particularly in regards to sensitive populations. 

Section 3.3, page 42 

Conditions for bum is an essential component to 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 was not included in the revision. The criteria must be included to 

fulfill the state's obligation to demonstrate compliance with NAAQS. 

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 of that acreage is burned annually." 

There are conflicting numbers in regards to CRP acres in Idaho. We would recommend 

validating the estimate and citing the source of the information stated in the report to 

clear up any confusion. We would also like to see what information ISDA used to 

estimate that number of acres burned annually since Southern Idaho was not registering 

the numbers of acres burned in the previous program. 

Section 5.3, page 59 

"Some of the additional monitoring resources are proposed to be portable 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 burning needs to done in a 

manner to protect sensitive receptors so we are unclear what role a 3-mile buffer zone 

plays in this 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 of haze impacts at 

Class I areas statewide." 

We believe the DEQ should conduct analysis and/or modeling to look at the haze impacts 

of crop residue burning. This should not be optional information gathering but required 

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 Implementation Plan (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 of Air 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 for the Control of Air 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 of the public attended the hearing but did not wish to 

present oral testimony. 

Notice of this hearing appeared in the Idaho Administrative Bulletin, as required 

by Idaho Code Section 67-5221, on April 2, 2008. Notice of this 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 of Air 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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ORGANIZATION 

REPRESENTED 

(IF ANY) 

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Do you wish 

to comment on 

Rule Docket 

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comment on 

Proposed SIP 

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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 of Environmental Quality on March 12, 2008 

with an effective date of April 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, and House 

Bill 557 (to be codified at Section 39-114, Idaho Code). 

PUBLIC HEARJNG SCHEDULE: A public hearing concerning this proposed rule will be held as follows: 

Department of Environmental Quality 

Conference Room C 


1410 N. Hilton, Boise, Idaho 


The hearing site(s) 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 purpose of this rulemaking is to implement the provisions of House Bil1557, 

wherein the 2008 Idaho Legislature approved a program for the open burning of crop 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 of Agriculture (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 of that agreement. 

This 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 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 ofthe program. 

Adoption of this temporary rule does not in itself authorize the open burning of crop 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 of the 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 of the 

public who have an interest in the regulation of air 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 October 2008 for adoption of a pending rule. The pending rule is expected to become final 

upon adjournment of the 2009 legislative session if adopted by the Board and approved by the Legislature. 

TEMPORARY RULE JUSTIFICATION: Pursuant to Section 67-5226(1)(c), Idaho Code, the Governor has found 

Idaho Administrative Bulletin Page 28 "April 2, 2008 - Vol. 08-4 
-
 DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0801 

Rules for the Control ofAir Pollution in Idaho Temporary and Proposed Rule ~----~--------------------------------- that temporary adoption of the rule is appropriate in that the rules confers a benefit. Adoption of a temporary rule, 

along with other required actions, will ensure protection of public health and the environment and will enable farmers 

to use the tool of burning 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 of Negotiated Rulemaking was published in the Idaho Administrative Bulletin, Vol. 08­

2, page 31, and a preliminary draft rule was made available for public review. Meetings were held on February 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 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. 

IDAHO CODE SECTION 39-107D 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. 

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 May 2, 2008. 

DATED this 12th day of March, 200S. - Paula J. Wilson, Hearing Coordinator 

Department of Environmental 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 of Sections 600 through 61-723 is to reduce the amount of emissions and minimize the impact of open 


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 


strategy referenced 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 result from open burning. (3 21 03X:l-2-0S)I 


602. NONPREEMPTlON OF OTHER JURISDICTIONS. 


The provisions of Sections 600 through 6.J1.23 are not intended to interfere with the rights of any city, county or other 


governmental entities or agencies to provide equal or more stringent control of open burning within their respective 


jurisdictions. f3-2-J.-.tBf(4-2-08)T 


---_.__..__.--------------------­

Idaho Administrative Bulletin Page 29 April 2, 2008 - Vol. 08-4 -
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0801 

Rules for the Control ofAir Pollution in Idaho Temporary and Proposed Rule 

603. GENERAL RESTRICTIONS. 

01. Categories and Materials. No person shall allow, suffer, cause or pennit any open burning 

operation unless it is a category of open burning set forth in Sections 600 through 6ll-23 and the 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 other rubber materials or products. (3-21-03) 

e. Plastics. (3-21-03) 

f. Asphalt or composition roofing or any other asphaltic material or product. (3-21-03) 

g. Tar, tar paper, waste or heavy petroleum products,or paints. (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. Insulated wire. 	 (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 of any open burning in cases of emergency requiring immediate action 

to protect human health or safety. (3-21-03) 

604. -- 60S. (RESERVED). 

606. CATEGORIES OF ALLOWABLE BURNING. 

The purpose of Sections 606 through 6+1-23 is to establish categories of open 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 of the provisions of Sections 600 through 605. (321 03)(4-2-08)T 

(BREAK IN CONTINUITY OF SECTIONS) 

617. CROP RESIDUE DISPOSAL. 


The open burning of crop 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 rulCB prtrmulgatedp1: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 ofAir Pollution in Idaho Temporary and Proposed Rule 


Sections 618through 623 of these rules. (321 Q3)(4-2-08)T 

618. PERMIT BY RULE. 

01. General Requirements. All persons shall be deemed to have a pennit by rule if they 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 

.required permits and approvals required by other state and local fire agencies or permitting authorities. [4-2-08)T 

02. Forms. The Department shall provide the appropri~te forms to complete the pennit byrule. Fonns 

may be available at the Department offices or on the 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 occur or, if there is no street address of the property.Jhe legal description of the 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 of the applicant. and the 

person who will be responsible for conducting the proposed burning of crop residue and the portable form of 

communication refereIlceglILSubsection 622.0 I.c. of this rule: L4~2-08}T 

.!ll. Plot Plan. A plot plan showing the location of each proposed crop residue burning area in relation 

to the property lines and indicating the distances and directions of the 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 over which burning will be conducted (acres). and other fuel characteristics; [4-2-08)T 


05. Preventive Measures. A description oHhe measures that will be taken to prevent escaped bums or 


withhold additional material such that the fire bums down, including but not limited to. the availability of water 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. Payment of Fee. The pennit by 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 pmposed bum date. The permit by rule registration fonn and fee 


should be sent to: 


Crop Residue Burning Registration Fees 

Fiscal Office 

Idaho Departm@t of Environmental Quality 

1410 N. Hilton, Boise, ID 83706-1255 (4-2-08)T 

Effect of Payment. Pavment of the registration fee does not imply al!thorization or approval to 

{4-2-08)T 

621. BURN DETERMINATION. 

01. Burn Approval 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 -

-
 DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58·0101-0801 


Rules for the Control ofAir Pollution in Idaho Temporary and Proposed Rule 


Department, the approval the morning of the proposed bum. The Department may shorten this time frame if 

meteorological or other applicable conditions change that will impact the air quality during the proposed bum period. 

To approve a pennittee's request to bum, the Department must detennine that ambient air quality levels do not exceed 

seventy-five percent (75%) ofthe level of any national ambient air quality standards on any day and are not projected 

to exceed such level over the next twenty-four (24) hours, and ambient air quality levels have not reached, and are not 

forecasted to reach and persist at, eighty percent (80%) of the one (1) hour action criteria for particulate matter under 

Section 556 of these 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 ofOther Bums. The proximity of other burns and other potential emission sources within 

the areato be affected by the proposed burn: (4-2-08)T 

Moisture Content. Moisture content of the 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

- proximity to 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 of Section 621. 	 (4-2-08)T 

02. Notification of Approval. If the Department approves the bum, then it will post on its website 

:!yritten notification of the 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 of this rule: (4-2-08)T 

.£:. 	 Conditions to ensure the burn does not create a hazard for travel on a public roadway; and 

(4-2-08)T 

d. The requirement to consult with the Department to detennine actions to be taken if conditions at the 

bum site fail to satisfY the conditions specified in the notice of approval to burn. (4-2-08)T 

622. GENERAL PROVISIONS. 

01. Burn Provisions. All persons in Idaho intending to dispose of crop residue through burning shall 

abide by the following provisions: (4-2-08)T 

.!!:. Burning f'rohibitions. Burning of crop residue shall not be conducted on weekends. federal or state 

holidays, or after sunset or before sunrise: (4-2-08)T 

b. Designated Bum Day. B.\Jrning of crop residue shall not be conducted unless the Department has 

Idaho Administrative Bulletin Page 32 	 April 2, 2008 - Vol. 08-4 
-


DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101·0801 


Rules for the Control ofAir Pollution in Idaho Temporary and Proposed 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 of compatible 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 of Field Burning. Open burning of crop 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 of approval 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 every five (5) years; {4-2-08)T 

~ Air Stagnation or Degraded Air Quality. All field burning shall be prohibited when the Department 

issues an air quality forecast and caution, alert, warning Of emergency as identified in Section 552 ofthese rules: 

(4-2-08)T 

h. Allowable Ponns ofOpen Burning. The use ofreburn machines, propane flamers, or other portable 

devices to ignite or reignite a field for the purposes of crop residue burning shall be considered an allowable form of 

open burning. Tires and other restricted material described in Subsection 603.01, of this rule, are not allowed for 

ignition of fields; (4-2-08)T - .L Additional Burn Permits. All persons intending to burn crop residue shall obtain any additional 


applicable pennits from federal, state or local 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 

date burning was conducted. the actual number and location of acres burned, and other information as reQuired by the 

Department. The Department may restrict further burning by a permittee until completed burns are reported. 

C4-2-08)T 

02. Annual Report. The Department shall develop an annual report that shall inciude, at a minimum. 


an analysis of the causes of each exceedance of a limitation in Section 621 of this rule, if any, and an assessment of 


the circumstances associated with any reported endangerment to human health associated with a burn. The report 


shall include any proposed revisions to these rules or the Crop Residue Operating Guide deemed necessary to prevent 


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 of Agriculture, the Idaho Department of Envirorunental Quality, and others to discuss 


open burning of crop residue issues. (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 county bum or no-bum days. {:±:2-08)T 


Posting on Website.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 -

-
 DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0801 


Rules for the Control ofAir Pollution in Idaho Temporary and Proposed Rule 


1l. The location and number of acres 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 infonnation regarding the open burning of crop 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 of emission 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 of this section shall not apply to: (4-5-00) 

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

b. Carbon Monoxide Flare Pits on Elemental Phosphorous Fun:i.aces, if operating prior to January 24, 

1969; or (5-1-94) 

c. Liquid Phosphorous Loading Operations, if operating prior to 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, if operating prior 

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, a person shall not discharge into the atmosphere from any point of emission, for any air 

pollutant for a period or periods aggregating more than three (3) minutes in any sixty (60) minute period which is 

greater than forty percent (40%) opacity as determined by this section. (4-5-00) 

03. Exception. The provisions of this section shall not apply when the presence of uncombined 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) with the method of calculating 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 of readings in excess of the percent opacity 

limitation, dividing this number by four (4) (each reading is deemed to represent fifteen (15) seconds) to find the 

number of minutes in excess of the percent opacity limitation. This method is described in the Procedures Manual for 

Air Pollution Control, Section II (Evaluation of Visible 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 of croll 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. 


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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 - 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. 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 of the 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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