## State Implementation Plan Update

With Regard to



# State Boards

( Sections 128 and 110(a)(2)(E)(ii) of the Clean Air Act )

State of Idaho Department of Environmental Quality

1410 North Hilton

Boise, ID 83706This page intentionally left blank for correct double

- sided printing

## Background

The purpose of this document is to demonstrate to the U.S. Environmental Protection Agency (EPA) that the Idaho State Implementation Plan (SIP) for air quality adequately meets the "State Boards" requirements of 42 U.S.C. § 7428 (section 128) and § 7410 (section 110(a)(2)(E)(ii) ) of

the Clean Air Act [CAA]).

Section 128 provides:

(a) Not later than the date one year after August 7, 1977, each applicable implementation plan sh all contain requirements that

—

(1) any board or body which approves permits or enforcement orders under this chapter shall have at least a majority of members who represent the public interest and do not derive any significant portion of their income fro m persons subject to permits or enforcement orders under this chapter, and

(2) any potential conflicts of interest by members of such board or body or the head of an executive agency with similar powers be adequately disclosed. A State may adopt any req uirements respecting conflicts of interest for such boards or bodies or heads of executive agencies, or any other entities which are more stringent than the requirements of paragraph (1) and (2), and the Administrator shall approve any such more stringent requirements submitted as part of an implementation plan.

Section 110(a)(2)(E)(ii) reiterates the above requirement:

(2) Each implementation plan submitted by a State under this chapter shall be adopted by the State after reasonable notice and public hearing. Each such plan shall

—

*

* (E) provide (i

) necessary assurances that the State (or, except where the Administrator deems inappropriate, the general purpose local government or governments, or a regional agency designated by the State or general purpose local governments for such purpose)

will hav e adequate personnel, funding, and authority under State (and, as appropriate, local) law to carry out such implementation plan (and is not prohibited by any provision of Federal or State law from carrying out such implementation plan or portion thereof), (ii) requirements that the State comply with the requirements respecting State boards

under section 7428 of this title, and (iii) necessary assurances that, where the State has relied on a local or regional government, agency, or instrumentality for the implementation of any plan provision, the State has responsibility for ensuring adequate implementation of such plan provision;

Attachment 1, Governor’s Order, satisfies the requirements of Section 128(a)(1) and Attachment 2, Idaho Ethics in Government A ct, satisfies the requirements of Section 128(a)(2) (see

also http://legislature.idaho.gov/idstat/TOC/IDStatutesTOC.htm

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## Attachment 1

Governor’s OrderEXECUTIVE DEPARTMENT

STATE OF IDAHO

BOISE

EXECUTIVE ORDER NO. 2013

- 06

APPOINTMENT OF MEMBERS OF THE BOARD OF ENVIRONMENTAL QUALITY

WHEREAS, the S tate of Idaho administers the Clean Air Act

, 42 U.S.C. 7401 et s eq

. , through provisions of S tate law identified and described in a S tate I mplementation P lan (SIP);

WHEREAS, the Idaho Board of Environmental Quality is authorized to make final administrative appeal determinations regarding air quality permits and enforcement orders ;

WHEREAS, section 128 of the Clean Air Act requires Idaho’s SIP to include the following
provisions : (1) Any board or body which approves permits or enforcement orders under this chapter

shall have at least a majority of members who represent the public interest and do not
derive any significant portion of their income from persons subject to permits or enforcement orders under this chapter ; and

(2) Any potential conflicts of in terest by members of such board or body or the head of an

executive agency with similar powers shall be adequately disclosed.

WHEREAS , Idaho Code § 39

- 107(1)(a) provides :

The board of environmental quality shall consist of seven (7) members who shall be appointed by the governor, with the advice and consent of the senate. The members shall serve at the pleasure of the governor. Each member of the board shall be a citizen of the United States, a resident of the state of Idaho, and a qualified elector, and shall be appointed to assure appropriate geographic representation of the state of Idaho. Not more than four (4) members of the board shall be from any one (1) political party. Two (2) members of the board shall be chosen with due regard to either knowledge and interest in solid waste; two (2) members shall be chosen for their knowledge of and interest in air quality; two (2) members shall be chosen for their knowledge and interest in water quality; and one (1) member shall be chosen with due regard for th eir knowledge of and interest in air, water and solid waste issues

.

NOW THEREFORE

, I, C.L. “Butch” Otter, Governor of the State of Idaho, by the authority

vested in me und er the Constitution and laws of the State of Idaho

, do hereby order the appointment of

members to the Idaho board of environmental quality shall be made in conformance with the
requirements of Idaho Code s ection 39

- 107(1)(a)

, and section 128 of the Clean A ir Act (2 U.S.C. 7428)

.

IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Idaho at the Capitol in Boise on this 26 th day of June in the year of our Lord

two thousand and thirteen and of the Independence of the United
States of Amer ica the two hundred thirty

- seventh and of the Statehood of Idaho the one hundred twenty

- third

. 

### The Office of the Governor Executive Department State of Idaho

C.L. “B UTCH ” OTTER

G OVERNOR

BEN YSURSA

SECRETARY OF STATE State Capitol

BoiseThis page intentionally left blank for correct double

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## Attachment 2

Idaho Ethics in Government Act