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 83706
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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 shall 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 from 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 requirements 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 have adequate personnel, funding, and authority under State (and, as appropriate, 

local) law to carry out such implementation plan (and is not prohibited by any provision 

of Federal or State law from carrying out such implementation plan or portion thereof), 

(ii) requirements that the State comply with the requirements respecting State boards 

under section 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 Act, 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 Order

EXECUTIVE DEPARTMENT

STATE OF IDAHO

BOISE

EXECUTIVE ORDER NO. 2013-06

APPOINTMENT OF MEMBERS OF THE BOARD OF ENVIRONMENTAL QUALITY

WHEREAS, the State of Idaho administers the Clean Air Act, 42 U.S.C. 7401 et seq., through 

provisions of State law identified and described in a State Implementation Plan (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 interest 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 their

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 under 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 section 39-107(1)(a), and section 128 of the Clean Air 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 26th day of June in the year of our Lord 

two thousand and thirteen and of the Independence of the United 

States of America the two hundred thirty-seventh and of the 

Statehood of Idaho the one hundred twenty-third. 

Executive Department The Office of the Governor

State of Idaho

C.L. “BUTCH” OTTER

GOVERNOR

BEN YSURSA

SECRETARY OF STATE

State Capitol

Boise
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Attachment 2

Idaho Ethics in Government Act