, 

## . STATE OF IDAHO 

### DEPARTMENT OF 

# ( ENVIRONMENTAL QUALITY

1410 North Hilton· Boise, Idaho 83706-1255· (208) 373-0502 

### May 22,2003 John lani Regional Administrator U.S. EPA, Region 10 1200 SixthAvenue Seattle, WA 98101 Re: State Implementation Plan Rule Revisions:: Dear Mr. lani: Dirk Kempthorne. Governor C, Stephen Allred, Director

51)1 

### I 

## VAF(?r E

# X+IAC~iO"\ 

# C >cc A. 

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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 ofAir Pollution in Idaho, IDAPA 58.01.01. DEQ is seeking Environmental Protection Agency (EPA) approval ofthese revisions as an update to the contents ofthe Idaho State Implementation Plan (SIP), 40 CFR, Part 52, Subpart N. 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 Deputy Attorney General assigned to DEQ was obtained at appropriate times throughout the rulemaking process. The adoption was made in accordance with the requirements ofthe federal Clean AirAct and applicable federal regulations. None ofthe revisions included in this submittal reflect a reduction in emission limits. A. Rule Revisions Adopted 

### bv the Board of Environmental Quality and Approved 

### by the 2002 Idaho Legislature. 1. IDAPA 58.01.01.21 0.16.c
- Soil VapOr Extraction. This revision resolves conflicts between DEQ's petroleum remediation policy and IDAPA 58.01.01.513 regarding good engineering practices and dispersion techniques in permitting sources with stacks. The Board of Environmental Quality adopted the revision on October 18,2001, and the 2002 Idaho Legislature approved it on March 15,2002with an effective date of March 15,2002. 2. IDAPA 58.01.01.008.11 and 58.01.01.107.03.j. -IncorpOrations of Federal Regulation by Reference. These revisions update citations to the federal regulations incorporated by reference to include those revised as ofJuly 1, 2001. IDAPA 58.01.01.861.04.c
- HospitaVMedicaVlnfectious Waste Incinerators. This revision clarifieS that all owners or operators ofthe effected incinerators must comply with provisions of Idaho Code, Section 39-128. The Board of Environmental Quality adopted these revisions on October 18, 2001 and the 2002 Idaho Legislature approved them on March 15, 2002, with an effective date of March 15, 2002. 3. IDAPA 58.01.01.790 through 799_
- Nonmetallic Mineral Processing Plants. These new sections introduce the requirements for rock crushers including control requirements, emission standards, permit requirements, and use of Best Management Practices forfugitive dust control. They also establish requirements including registration and controls on the use of electrical generators by 

### rock crushers operating under a permit by 

### rule

### Mr. John lani May 22,2003 Page 2 IDAPA 58.01.01.011 and.IDAPA 58.01.01.201. These revisions add a definition for the purposes of Section 790 and 799 and add a provision allowing an operatorto commence construction and operation ofa source without a permit to construct provided the source operates in accordance with all the applicable provisions of a permit by rule. The Board of Environmental Quality adopted these revisions on October 18, 2001 and the 2002 Idaho Legislature approved them on March 15,2002, with an effective date of March 15, 2002.
B. Rule Revisions Adopted by the Board of Environmental Quality and Approved by the 2003 Idaho Legislature. 1. IDAPA 58.01.01.209.01.c. 58.01.01.710 through 724. 58.01.01.213.02.58.01.01.228. 58.01.01.395, 58.01.01.410.58.01.01.58.01.01.313.01. 58.01.01.317.01.b.i.(30l. 58.01.01.511. 58.01.01.581.01
- Permit Clarification. These pending revisions clarify various sections of Idaho's stationary source permitting program, remove the grain-loading standard, and correct citation references. IDAPA 58.01.01.008.11 and IDAPA 58.01.01.107
- Incorporations of Federal Regulations by Reference. These pending revisions update citations to the federal regulations incorporated by reference to include those revised as of July 1, 2002. The Board of Environmental Quality removed several sections from the proposed rule and adopted the revised rule on November 13, 2002. The 2003 Legislature approved the rule effective May 3, 2003. 2. IDAPA 58.01.01.600 through 67
- Opening Burning. These revisions clarify inconsistencies between the language and requirements of other local, state and federal rules, regulations and laws in addition to clarifying some general restrictions.

. The Board of Environmental Quality made revisions to the proposed rule and adopted on October 17, 2002. The 2003 Legislature revised the pending rule and approved it effective March 21, 2003.
C. Rule Revisions that Establish or Revise Pennitting Fees. While we understand EPA will not include these rules in the Idaho SIP, we are forwarding them to you for information. 1. IDAPA 58.01.01.224 through 228
- Permit to Construd Application and ProceSSing Fees. These new sections establish permit to construct application fees and processing fees and specify how the fees are collected, appealed and used by DEQ. IDAPA 58.01.01.407 through 410 and 58.01.01.470
- Tier II Operating Permit Processing Fees. These new sections establish Tier II operating permit processing fees and specify how the fees are collected, appealed and used by DEQ. IDAPA 58.01.01.800 through 802
- Permit bv Rule Registration Fee. These new sections establish the registration fee for facilities regulated under a permit by rule and specify howthe fees are collected. appealed and used by DEQ.

### Mr. John lani 

## ( May 

## 22,2003 Page 3 IDAPA 

## 58.01.01.006.58.01.01.007,58.01.01.200. 58.01.01.202 through 

## 209,58.01.01.300. 58.01.01.322. 58.01.01.380, and 

## 58.01.01.387 through 

## 404. These sections were revised to change references to internal citations. The Board of Environmental Quality adopted these revisions on November 

## 18, 2001 and the 

## 2002 Idaho Legislature approved them on March 

## 15, 2002. These rule revisions were effective on July 

## 1, 2002. 2. IDAPA 

## 58.01.01.387 through 

## 398

- Title 

## VOperating Permit Fees. This pending rule revises the existing structure for annual registration ofTier I sources and the annual assessment and payment 

## ofTier I feels. These revisions were adopted bythe Board 

## of Environmental Quality on November 

## 13, 2002 and the 

## 2003 Legislature approved them effective April 

## 2, 2003. Ifyou oryour staff have questions concerning any ofthese rules, please contact me at 

## 208-373-0240. My staffare available to vide assistance to ensure Idaho's SIP is updated as soon as possible.



### . .



## e**~ector** 

### //CSAph Enclosures
cc: Lisa Kronberg Pat Nair Robert Wilkosz Phyllis Heitman SIP Submittals File Reading FileSTATE OF IDAHO 

### DEPARTMENT OF ENVIRONMENTAL QUALITY

_._...... ..**.~** 

### ,­ 1410 North Hillon· Boise, Idaho 83706·1255' (208) 373·0502 Dirk Kempthome, Governor ,C. Stephen Allred, Director



### AMENDMENT TOTHE RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO

Pursuant to the Environmental Protection and Health Act, Idaho Code 39-101 through 39-130, I hereby submit amendments to the Rulesforthe Control ofAir Pollution in Idaho (Air Rules). IDAPA 58.01.01 , as edited in the attachments, as a revision to AppendixA.3 ofthe Implementation Plan forthe Control ofAir Pollution in the State of Idaho (Idaho SIP). The changes being submitted were adopted as pending by the Board of Environmental Quality and approved by the Idaho Legislature as indicated in the attachment. DATED this 22nd day of May, 2003.

## SOIL VAPOR EXTRACTION IDAPA 58.01.01.210.16.c

# -IDAPA 58
- DEPARTMENT OF ENVIRONMENTAL QUALITY 58.01.01
- RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO DOCKET NO. 58-0101-0102 NOTICE OF TEMPORARY AND PROPOSED RULE

EFFECTIVE DATE: The temporary rule was effective November 10,2000. AUTHORITY: In compliance with Sections 67-5226(1) and 67-5221(1), Idaho Code, notice is hereby given that the Board ofEnvironmental Quality (Board) has adopted a temporary rule and the Department ofEnvironmental Quality (DEQ) is commencing proposed rulemaking to promulgate a final rule. The action is authorized by Sections 39-105 and 39-107, Idaho Code. PUBLIC HEARING SCHEDULE: Public hearing(s) concerning this proposedrulemaking will be held as follows: February6,2001, 7p.m. DepartmentofEnvironmental QualityConference Center 1410 N. Hilton,Boise, Idaho. The hearing site(s) will beaccessible to persons with disabilities. Requests for accommodation mustbe made no later than five (5) days priorto the hearing. Forarrangements, contact the undersigned at (208)373-0418. DESCRIPTIVE SUMMARY: This rulemaking revises Subsection 210.16.c., Demonstration of Preconstruction Compliance with Toxic Standards, Environmental Remediation Source. The Department's petroleum remediation policy has, for several years, successfully allowed the rapid and effective remediation ofpetroleum spills and leaks into soil and ground water while protecting the environment and public health. However, there is a potential conflict with Section 513 ofthe Rules for the Control ofAirPollution in Idaho, which deals with good engineeringpractices and dispersion techniques in permitting sources with stacks. Therefore, in order for the Department's petroleum remediation policy to continue to function, this conflict mustbe resolved. This rulemaking will allow the Department to continue to consider certain dispersion techniques that are now integrated into the Department's petroleum remediationpolicy. 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. Afterconsideration ofpublic comments, DEQ intends to present the final proposal to the Board in 2001 for adoption ofa pending rule. The rule is expected to be final upon the conclusion ofthe 2002 session ofthe Idaho Legislature. NEGOTIATED RULEMAKING: Negotiated rulemaking was not conducted because the rulemaking schedule did not allow for the timing ofit. TEMPORARY RULE JUSTIFICATION: Pursuant to Sections 67-5226(1)(a), Idaho Code, the Governor has found that temporary adoption ofthe rule is appropriate in that the rule is necessary to protect the public health and the environment. GENERAL INFORMATION: For more information about DEQ's programs and activities, visit DEQ's web site at www.state.id.us/deq

. ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN COMMENTS: For assistance on questions concerning this rulemaking, contact Tim Teater at(208)373-0502, tteater@deq.state.id.us. Anyone can submit written comments by mail, fax or e-mail at the address below regarding this proposed rule. All written comments must be received by the undersigned on orbefore February 7, 2001.
Dated this 15th day ofNovember, 2000. 

# -', January 3,2001 Page 280 Volume No. OJ-lIDAHO ADMINISTRATIVEBULLETIN Docket No. 58·0101-0102 Rules for the Control of AirPollution in Idaho TemporaryandProposedRule
Paula J. Gradwohl Environmental Quality Section Attorney General's Office 1410 N. Hilton Boise, Idaho 83706-1255 Fax No. (208)373-0481 pgradwoh@deq.statejd.us

THE FOLLOWING IS THE TEXTOF DOCKETNO. 58-0101-0102

210. DEMONSTRATIONOFPRECONSTRUCTION COMPLIANCEWITHTOXIC STANDARDS. In accordance with Subsection 203.03, the applicant shall demonstrate preconstruction compliance with Section 161 to the satisfaction ofthe Department. The accuracy, completeness, execution and results ofthe demonstration are all subjectto review and approval by the Department. (6-30-95) 01. Identification OfToxic Air Pollutants. The applicant may use process knowledge, raw materials inputs, EPA and Department references and commonly available references approved by EPA or the Department to identify the toxic airpollutants emitted by the stationary source or modification. (6-30-95) 02. Quantirlcation OfEmission Rates. (6-30-95)
a. The applicant may use standard scientific and engineering principles and pmctices to estimate the emission rate ofany toxic air pollutant at the point(s) ofemission. (6-30-95) i. Screening engineering analyses use unrefined conservative data. (6-30-95) ii. Refined engineering analyses utilize refined and less conservative data including, but not limited to, emission factors requiring detailed input and actual emissions testing at a comparable emissions unit using EPA or Department approved methods. (6-30-95) b. The uncontrolled emissions mte ofa toxic airpollutant from a source ormodification is calculated using the maximum capacity ofthe source or modification under its physical and operational design without the effect ofany physical oroperational limitations. (6-30-95) i. Examples ofphysical and operational design include but are not limited to: the amount oftime equipment opemtes during batch opemtions and the quantity ofraw materials utilized in a batchprocess. (6-30-95) ii. Examples ofphysical or opemtional limitations include but are not limited to: shortened hours of operation, use ofcontrol equipment, and restrictions onproduction which are less than design capacity. (6-30-95)
c. The controlled emissions rate ofa toxic air pollutant from a source or modification is calculated using the maximum capacity ofthe source ormodification under its physical and operational design with the effect of any physical or operational limitation that has been specifically described in a written and certified submission to the Department. (6-30-95) d. The T-RACT emissions rate of a toxic air pollutant from a source or modification is calculated using the maximum capacity ofthe source or modification under its physical and operational design with the effect of: (6-30-95) i. Any physical or operational limitation other than control equipment that has been specifically 

# - January 3,2001 Page28! VolumeNo. 01-1

### IDAHO ADMINISTRATIVEBULLETIN Docket No. 58-0101·0102 Rules for the Control 

### ofAirPollution in Idaho TemporaryandProposedRule described in a written and certified submission to the Department; and (6-30-95) ii. An emission standard that is T-RACT. (6-30-95) 03. Quantification OfAmbientConcentrations. (6-30-95)
a. The applicant may use the modeling methods provided in Subsection 202.02 to estimate the ambient concentrations at specified receptor sites for any toxic airpollutant emitted from the point(s) ofemission. (6-30-95) i. Forscreening modeling, the models use arbitrary meteorological dataand predictmaximum one (I) hour concentrations for all specified receptor sites. For toxic air pollutants listed in Section 586, multiply the maximum hourly concentration output from the model by a persistence factor of one hundred twenty five onethousandths (0.125) to convert the hourly avemge to an annual average. For toxic air pollutants listed in Section 585, multiply the maximum hourly concentmtion output from the model by a persistence factor offour tenths (004) to convert the hourly concentration to a twenty-four (24) hour average. (6-30-95) ii. Forrefined modeling, the models use site specific infonnation. Ifactual meteorological data is used and the model predicts annual averages for toxic air pollutants listed in Section 586 and twenty-four (24) hour avemges for toxic airpollutants listed in Section 585, persistence factors need not be used. (6-30-95) b. The point of compliance is the receptor site that is estimated to have the highest ambient concentration ofthe toxic airpollutant ofall the receptor sites that are located either at orbeyond the facility property boundary or at a point ofpublic access; provided that, ifthe toxic air pollutant is listed in Section 586, the receptor site is not considered to be at a point ofpublic access ifthe receptor site is located on or within a road, highway or other transportation corridor transecting the facility. (6-30-95)
c. The uncontrolled ambient concentration ofthe source ormodification is estimated by modeling the uncontrolled emission mte. (6-30-95) d. The controlled ambient concentration of the source or modification is estimated by modeling the controlled emission mte. (6-30-95)
e. The approved net ambient concentration from a modification for a toxic air pollutant at each receptor is calculated by subtracting the estimated decreases in ambient concentrations for all sources at the facility contributing an approved creditable decrease at the receptor site from the estimated ambient concentration from the modification at the receptor. (6-30-95) f. The approved offset ambient concentration from a source ormodificationfor atoxic airpollutant at each receptor is calculated by subtracting the estimated decreases in ambient concentrations for all sources contributing an approved offset at the receptor from the estimated ambient concentration for the source or modification at the receptor. (6-30-95) g. The T-RACT ambient concentration ofthe source or modification is estimated by using refined modeling and the T-RACT emission rate. (6-30-95) h. The approved interpollutant ambient concentration from a source or modification for a toxic air pollutant at each receptor is calculated as follows: (6-30-95) i. Step I: Calculatethe estimated decrease in ambient concentmtions for each toxic airpollutant from each source contributing an approved interpollutant trade at the receptor by multiplying the approved interpollutant ratio by the overall decrease in the ambient concentration ofthe toxic airpollutant at the receptor site. (6-30-95) ii. Step 2: Calculate the total estimated decrease at the receptor by summing all ofthe individual estimated decreases calculated in Subsection 210.03.h.i. for that receptor. (6-30-95) iii. Step 3: Calculate the approved interpollutant ambient concentration by subtracting the total
January 3, 200I Page 282 Volume No. 01-1

### IDAHO ADMINISTRATIVEBULLETIN DocketNo. 58-0101-0102 Rules for the Control

### ofAirPollution in Idaho TemporaryandProposedRule estimated decrease at the receptor from the estimated ambient concentration for the source or modification at the receptor. (6-30-95) 04. Preconstruction Compliance Demonstration. The applicant may use any of the Department approved standard methods described in Subsections 210.05 through 210.08, and may use any applicable specialized method described in Subsections 210.09 through 210.12 to demonstrate preconstruction compliance for each identifiedtoxic airpollutant. (6-30-95) 05. UncontrolledEmissions. (6-30-95)
a. Compare the source's ormodification's uncontrolled emissions rate for the toxic airpollutantto the applicable screeningemission level listed in Sections 585 or 586. (6-30-95) b. Ifthe source's or modification's uncontrolled emission rate is less than or equal to the applicable screening emission level, no further procedures for demonstrating preconstruction compliance will be required for that toxic airpollutant as part ofthe application process. (6-30-95) 06. Uncontrolled Ambient Concentration. (6-30-95)
a. Compare the source's or modification's uncontrolled ambient concentration at the point of compliance for the toxic air pollutant to the applicable acceptable ambient concentration listed in Sections 585 or 586. (6-30-95) b. Ifthe source's or modification's uncontrolled ambient concentration at the point ofcompliance is less than or equal to the applicable acceptable ambient concentration, no further procedures for demonstrating preconstruction compliance will be required for that toxic air pollutant as part ofthe application process. (6-30-95) 07. Controlled Emissions And Uncontrolled Ambient Concentration. (6-30-95)
a. Compare the source's or modification's controlled emissions rate for the toxic air pollutant to the applicable screening emission level listed in Sections 585 or 586 and compare the source's or modification's uncontrolled ambient concentration at the point ofcompliance for the toxic airpollutant to the applicable acceptable ambient concentration listed in Sections 585 or586. (6-30-95) b. Ifthe source's or modification's controlled emission rate is less than or equal to the applicable screening emission level and if the source's or modification's uncontrolled ambient concentration at the point of compliance is less than or equal to the applicable acceptable ambient concentration, no further procedures for demonstrating preconstruction compliance will be required for that toxic air pollutant as part of the application process. (6-30-95) 08. Controlled Ambient Concentration. (6-30-95)
a. Compare the source's ormodification's controlled ambient concentration atthe point ofcompliance for the toxic airpollutant to the applicable acceptable ambient concentration listed in Sections 585 or586. (6-30-95) b. Ifthe source's ormodification's controlled ambient concentration at the point ofcompliance is less than or equal to the applicable acceptable ambient concentration, no further procedures for demonstrating preconstruction compliance will be required for that toxic air pollutant as part ofthe application process. (6-30-95)
c. The Department shall include an emission limit for the toxic airpollutant in the permitto construct that is equal to or, ifrequestedbythe applicant, less than the emission rate that was used in the modeling. (6-30-95) 09. Net Emissions. (6-30-95)
a. As provided in Section 007 (definition of net emissions increase) and Sections 460 and 461, the owner oroperator may net emissions to demonstrate preconstruction compliance. (4-5-00) 

# -.



# - January 3, 2001 Page 283 Volume No. 01-1IDAHO ADMINISTRATIVEBULLETIN DocketNo. 58-0101-0102 Rules 

### for the Control

### ofAirPollution in Idaho Temporary andProposed Rule b. Compare the modification's approved net emissions increase (expressed as an emissionrate) for the toxic airpollutantto the applicable screening emission level listed in Sections 585 or 586. (6-30-95)
c. If the modification's approved net emissions increase is less than or equal to the applicable screening emission level, no further procedures for demonstrating preconstruction compliance will be required for that toxic airpollutant as part ofthe application process. (6-30-95) d. The Department shall include emission limits and other permit terms for the toxic air pollutant in the permit to construct that assure that the facility will be operated in the manner described in the preconstruction compliance demonstration. (6-30-95) 

### 10. Net AmbientConcentration. (6-30-95)
a. As provided in Section 007 (definition of net emission increase) and Sections 460 and 461, the owner or operator may net ambient concentrations to demonstrate preconstruction compliance. (4-5-00) b. Compare the modification's approved net ambient concentration at the point ofcompliance for the toxic airpollutant to the applicable acceptable ambient concentration listed in Sections 585 or 586. (6-30-95)
c. Ifthe modification's approved net ambient concentration at the point ofcompliance is less than or equal to the applicable acceptable ambient concentration, no further procedures for demonstrating preconstruction compliance will be required for that toxic air pollutant as part ofthe application process. (6-30-95) d. The Department shall include emission limits and other permit terms for the toxic air pollutant in the permit to construct that assure that the facility will be operated in the manner described in the preconstruction compliance demonstration. (6-30-95) 

### 11. Toxic AirPollutantOffset AmbientConcentration. (6-30-95)
a. As provided in Sections 206 and 460, the owner or operator may use offsets to demonstrate preconstruction compliance. (6-30-95) b. Compare the source's or modification's approved offset ambient concentration at the point of compliance for the toxic air pollutant to the applicable acceptable ambient concentration listed in Sections 585 or 586. (6-30-95)
c. Ifthe source's ormodification's approved offset ambient concentration at thepoint ofcompliance is less than or equal to the applicable acceptable ambient concentration, no further procedures for demonstrating preconstruction compliance will be required for that toxic air pollutant as part ofthe application process. (6-30-95) d. The Department shall include emission limits and other permit terms for the toxic air pollutant in the permit to construct that assure that the facility will be operated in the manner described in the preconstruction compliance demonstration. (6-30-95) 12. T-RACT Ambient Concentration For Carcinogens. (6-30-95)
a. As provided in Subsections 210.12 and 210.13, the owner or operator may use T-RACT to demonstrate preconstruction compliance for toxic airpollutants listed in Section 586. (6-30-95)
I. This method maybe used in conjunction with netting (Subsection 210.09), and offsets (Subsection 210.11). (6-30-95) 

### ii. This method is not to be used to demonstrate preconstruction compliance for toxic air pollutants listed in Section 585. (6-30-95) b. Compare the source's or modification's approved T-RACT ambient concentration at the point of compliance for the toxic air pollutant to the amount ofthe toxic air pollutant that would contribute an ambient air
January 3, 2001 Page 284 Volume No. 01-1IDAHO ADMINISTRATIVEBULLETIN Docket No. 58-0101-0102 Rules for the Control

### ofAirPollution in Idaho TemporaryandProposedRule



### cancer risk probability ofless than one to one hundred thousand (l: 

### 100,000) (which amount is equivalent to ten (10) times the applicable acceptable ambient concentration listed in Section 586). (6-30-95)
c. If 

### the source's or modification's approved T-RACT ambient concentration at the point of compliance is less than orequal to the amount ofthe toxic air pollutant that would contribute an ambient air cancer risk probability of less than one to one hundred thousand (I: I

### 00,000), no further procedures for demonstrating preconstruction compliance will be required for that toxic air pollutant as part ofthe application process. (6-30-95) d. The Department shall include emission limits and other permit terms for the toxic air pollutant in the permit to construct that assure that the facility will be operated in the manner described in the preconstruction compliance demonstration. (6-30-95) 

### 13. T-RACT Determination Processing. (6-30-95)
a. The applicant may submit all information necessary to the dem9nstration at the time the applicant submits the complete initial application or the applicant may request the Department to review a complete initial application to determine ifSubsection 210.12 may be applicable to the source ormodification. (6-30-95) b. Notwithstanding Subsections 209.0I.a. and 209.0I.b., ifthe applicant requests the Department to review a complete initial application and Subsection 210.12 is determined to be applicable, the completeness determination for the initial application will be revoked until a supplemental application is submitted and determined complete. When the supplemental application is determined complete, the timeHne for agency action shall be 

### reinitiated. (6-30-95) 14. T-RACT Determination. T-RACT shall be determined on a case-by-casebasis by the Department as follows: (6-30-95)
a. The applicant shall submit information to the Department identifying and documenting which control technologies or otherrequirements the applicant believes to be T-RACT. (5-1-94) b. The Department shall review the information submitted by the applicant and determine whetherthe applicant has proposedT-RACT. (5-1-94)
c. The technological feasibility ofa control technology or other requirements for a particular source shall be determined considering several factors including, butnot limited to: (5-1-94) i. 

### Process and operating procedures, raw materials and physical plant layout. (5-1-94) ii. The environmental impacts caused by the control technology that cannot be mitigated, including, but not limited to, watcr pollution and the production ofsolid wastes. (5-1-94) iii. The energy requirements ofthe control technology. (5-1-94) d. The economic feasibility of a control technology or other requirement, including the costs of necessary mitigation measures, for aparticular source shall be 

### determined considering several factors including, but not limited to: (5-1-94) i. 

### Capital costs. (5-1-94) ii. Costeffectiveness, which is the annualized cost ofthe control technology divided by the amount of emission reduction. (5-1-94)
111. 

### The difference in costs between the particular source and other similar sources, ifany, that have implemented emissionsreductions. (5-1-94)
e. If the Department determines that the applicant has proposed T-RACT, the Department shall determine which ofthe options, or combination ofoptions, will result in the lowest emission oftoxic air pollutants,
January 3, 2001 Page 285 Volume No. 

### 01-1

(. '.**~.** 1"\" ')**~~~\.J,.JJ~"'"**IDAHO ADMINISTRATIVEBULLETIN Docket No. 58·0101·0102 Rules for the ControlofAirPollution in Idaho Temporaryand Proposed Rule develop the emission standards constituting T-RACT and incorporate the emission standards into the permit to construct. (5-1-94) f. Ifthe Department determines that the applicant has not proposed T-RACT, the Department shall disapprove the submittal. Ifthe submittal is disapproved, the applicant may supplement its submittal or demonstrate preconstruction compliance through a differentmethod provided in Section 210. Ifthe applicant does not supplement its submittal or demonstrate preconstruction compliance through a different method provided in Section 210, the Department shall deny the permit. (6-30-95) 15. Short Thrm Source Factor. For short term sources, the applicant may utilize a short term adjustment factor of ten (l0). For a carcinogen, multiply either the applicable acceptable ambient concentration (AACC) or the screening emission rate, but not both, by ten (10), to demonstrate preconstruction compliance. This method may be used for TAPs listed in Section 586 only and may be utilized in conjunction with standard methods for quantification ofemission rates (Subsections 210.05 through 210.08). (4-5-00) 16. Environmental Remediation Source. (6-30-95)

a. For Remediation sources subject to or regulated by the Resource Conservation and Recovery Act (42 U.S.C. Sections 6901-6992k) and the "Idaho Rules and Standards for Hazardous Waste," (IDAPA 58.01.05.000 et seq.) orthe Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 690l-6992k) or a consent order, ifthe estimated ambient concentration at the point ofimpact is greater than the acceptable ambient impacts listed in Sections 585 and 586, Best Available Control Technology shall be applied and operated until the estimateduncontrolled emissions from the remediation source are belowthe acceptable ambient concentration. (6-30-95) b. For Remediation sources not subject to or regulated by the Resource Conservation and Recovery Act (42 U.S.C. Sections 6901-6992k) and the "Idaho Rules and Standards for Hazardous Waste," (IDAPA 58.01.05.000 et seq.) or the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 6901-6992k) or a consent order, shall, for the purposes ofthese rules, be considered the same as any other new or modified source oftoxic air pollution. (6-30-95)**~** For an environmental remediation source that functions to remediate or recover any release. spill. leak. discharge or disposal of any petroleum product or petroleum substance. the Department may waive the reQllirements ofSection 513 ofthese rules. (l1-1O-00)T 17. InterpollutantTrading AmbientConcentration. (6-30-95)
a. As provided in Subsections 209.01.c., 210.17 through 210.19, the owner or operator may use interpollutant trading to demonstrate preconstruction compliance. This method may be used in conjunction with netting (Subsection 210.10), and offsets (Subsection 210.11) (6-30-95) b. Compare the source's or modification's approved interpollutant ambient concentration at the point ofcompliance for the toxic air pollutant emitted by the source or modification to the applicable acceptable ambient concentration listed in Sections 585 or586. (6-30-95)
c. If the source's or modification's approved interpollutant ambient concentration at the point of compliance is less than orequal to the applicable acceptable ambient concentration listed in Sections 585 or586, no further procedures fordemonstrating preconstruction compliance will be required for that toxic airpollutant as partof the application process. (6-30-95) d. The Department shall includeemission limits for all ofthe toxic airpollutants involved in the trade in the permit to construct. The Department shall also include otherpermit terms inthepermit to construct that assure thatthe facility will be operated in the manner described in the preconstruction compliance demonstration. (6-30-95) 

### 18. InterpollutantTrading Determination Processing. (6-30-95)
a. The applicant may submit all information necessary to the demonstration at the time the applicant
January 3, 200I Page 286 Volume No. 01-1IDAHO ADMINISTRATIVEBULLETIN Docket No. 58·0101-0102 Rules for the ControlofAirPollution in Idaho Temporary andProposed Rule submits the complete initial application or the applicant may request the Department to review a complete initial application to determine ifSubsection 210.17 maybe applicable to the source or modification. (6-30-95) b. Notwithstanding Subsections 209.01.a. and 209.01.b., ifthe applicant requests the Department to review a complete initial application and Subsection 210.17 is determined to be applicable, the completeness determination for the initial application will be revoked until a supplemental application is submitted and determined complete. When the supplemental application is determined complete, the timeHne for agency action shall be reinitiated. (6-30-95) 19. InterpollutantDetermination. (6-30-95)
a. The applicant may request an interpollutant trade ifthe Department determines that: (6-30-95) i. The facility complies with an emission standard at least as stringent as best available control technology (BACT); and (6-30-95) ii. The owner or operatorhas instituted all known and available methods ofpollution prevention at the facility to reduce, avoid oreliminate toxic airpollution prior to its generation including, but not limited to, recycling, chemical substitution, and process modification provided that such pollution prevention methods are compatible with each other and the product or servicebeing produced; and (6-30-95) iii. The owneror operator has taken all available offsets; and (6-30-95) iv. The owner or operator has identified all geographical areas and populations that may be impacted by the proposed interpollutant trade. (6-30-95) b. Interpollutant trades shall be approved or denied on a case-by-case basis by the Department. 

## -. Denials shall be within the discretion oftheDepartment. Approvals shall be granted only if: (6-30-95) i. The Department ofHealth andWelfare's Division ofHealth approves the interpollutant trade; and (6-30-95) ii. The Department ofEnvironmental Quality determines that the interpollutant trade will result in a overall benefitto the environment; and (6-30-95)
Ill. An EPA approved database or other EPA approved reference provides relative potency factors, or comparable factors, or other data that is sufficient to allow for adequate review and approval ofthe proposed trade by the Department and the Department ofHealth and Welfare's Division ofHealth is submitted for all ofthe toxic air pollutants being traded; and (6-30-95) iv. The reductions occur at the same facility where the proposed source or modification will be constructed; and (6-30-95)
v. The interpollutant trade will not cause an increase in sum ofthe ambient concentrations of the carcinogenic toxic air pollutants involved in the particular interpollutant trade at any receptor site; and (6-30-95) vi. The total cancer risk with the interpollutant trade will be less than the total cancer risk without the interpollutant trade; and (6-30-95) vii. The total non-cancer health risk with the interpollutant trade will be less than the total non-cancer health risk without the interpollutant trade. (6-30-95) 20. NSPS And NESHAP Sources. (6-30-95)
a. Ifthe owner or operator demonstrates that the toxic airpollutant from the source or modification is regulated by the Department at the time ofpermit issuance under40 CPR Part 60, 40 CPR Part61 or40 CPRPart 63, no further procedures for demonstrating preconstruction compliance will be required under Section 210 for thattoxic January 3,2001 Page 287 Volume No. 01-1

, .... "\ .1\'" 

# 4

. J 

## ,JJ**~**IDAHO ADMINISTRATIVEBULLETIN DocketNo. 58-0101-0102 Rules for the Control

### ofAirPollution in Idaho Temporaryand Proposed Rule air pollutant as part ofthe application process. (6-30-95) b. Ifthe owner or operator demonstrates that the toxic air pollutant from the source or modification is regulated by the EPA atthe time ofpermit issuance under40 CFRPart 60, 40 CFRPart 61 or40 CFR Part 63 and the permit to construct issued by the Department contains adequate provisions implementing the federal standard, no further procedures for demonstrating preconstruction compliance will berequired under Section 210 for that toxic air pollutant as part ofthe application process. (6-30-95) 21. Permit Compliance Demonstration. Additional procedures and requirements to demonstrate and ensure actual and continuing compliance maybe required by the Department in the permit to construct. (5-1-94) 22. Interpretation And Implementation OrOtber Sections. Except as specifically provided in other sections ofthese rules, the provisions ofSection 210 are not to be utilized 

### in the interpretation orimplementation of any other section ofthese rules. (6-30-95)

January 3,2001 Page 288 Volume No. 01-1

# --

# ) 

# ) )

Lewiston·based utiUty cooperative Pi, are buying into an environmentally Intct friendly power<¢on. base

C1earwatetPoweris one 0112**pu~** blocl lie utility companiell o!Iering cus· 1998 tomersadIancetosponsoranexperi­ "I, men1lilprojecttocollect'green"pow. The following agencies of the state of (daho have publillhed the complete text and all related, Ofe< pertinentInformationconcerningtheirIntenttocbangeormaketbefoOowingrulesIntbenewluue er- methane........."...from aland­ said. oftbe IdahoAdmlnlstratlve Bulletin. fill inCoffin Butte,Ore. sorit IDAPA 16-DEPARTMENTOf' Hl!ALlHAND WELFARE Docket No.**)~11&-oIOI,** Rule to Implement the Sman Employer For an ex!nt $4 a month, Clearwa· coun P.O. Ilol.83720, _. Idahoa:J72O.OO38 te.-I'ow<>rcustomerscansponsor 100- gy." Health In.ur.nceAvailability Act Plan DesIgn. Amends health benefit DocketNo. 11HI304-elOl, Rules GoverningtheFood Stamp Program plans lImitations and exclusJons to comply with requ'rements ofthe CI. kiIowatt·hour blocks to support the In Idaho. Gives participantsrighttorecelyeFood Stampswithin7day. federal Women's Healthand Cancer Rfghts Act; amends coordination thep II eligible forexpedited .ervices;a housebold In which.11 adult mem· ofbenelUs provision. toconform toIDAPA IS.01.74, "Coordinationof panie bers are elderly or dJsabled and whose Income 1$ stable must be Benefits," which defines the application of coordination of benefit 11> certified up to24 months; creates new standards for establtshlngand provlslons. Comment By: 1/26/01.**com~** coUecting food stamprecipientclaimsfromhouseholds who received 16-<:), '. '\)\\I.etl!\\t Docket No.**1~17UIOl,** Rule to Implement the Individual Health _. overpayment.ormisusedfood .tampbenents.CommentBy: 1/24/01. are n InsuranceAvailabilityAct.ChangescomplywithTitle41. Chapters52**'\\\~** Piero Aged. Blind, and Disabled. Adds. prohibitionand penaltyfor transfer requirementsof the "certificationofcreditablecoverage- toInsured's

Docket No. IIHI30iMlIOI, Rul

.. Governing Ellglbillty for AId to the snd 55, Idaho Cnde, b.sed on the provisions 01 HB 750; and clartfl

.. goner of resources by a person applying for or receiving cash payments as reflected In .tatelaw. Comment By: 1/26/01. triciry 

# MllENNlAMac.com "It', throughAABD; provldes conditionsa personal servicecontract must DocketNo.**1~113-0IOI,** RuletoImplementtheIndividualHe<h Insur­ med\! meet to. be exempt (rom the asset transfer penalty for nursing home .nceAvaUabillty Act Plan Design. Changesre/leet fournewhealth benefit expI<> careand eHgtblllty for Medicaid undera HCSS waivefic adds definition plan designs, dellned benellts, exclusions and limitation. for the basic, and II ofFair MarketValue;conversIonorsaleofa resource'saresource.not

# V"~~~~ ". ';, , standard,catastrophic AandcatastrophIcB. Comment By. 1/26/111. sky. 1 counted as Income and a**r~ource** In the same month; participant IDAPA 58
- DEPARTMENTOf' ENVIRONMENTAL QUAUTY income;excludesInterestonexcludedburJalfunds;anassetcanoot be gl!ner. cio 

# f.diI/.' , .•... 1410 N. HIlton. _, Idaho 83706-1. retains, for personal use, the $20 standard income disregard and the Th' earned income dlsregards of the first $65 plus 1/2 of the remaIning Docket No.**5~IOI-&905,** Rules for the Control of AIr Pollution In meth' earnings; children In the Certain Dls.bled Children Medicaid group Idaho. Amends theregistration fees for TIer I sources; TitleVestab-­ !'owe!

# ~I'I must be"cost-eflectlve"toqualifyforMedlc.ld;and a personapplying Hshes a "presumptive minimum" fee amount to pay for the costs of terPo­ for Medlc.ld

.. a Qualified Dlsa'bled and WorkIngIndividualmust not maintatnlngTltJeVprogramactIvities; thefeestructureIs revisedtoa BPAr 

# , be eligible far any othertype01 Medicaid. Comment By: 1/24/0I.**thr~art** fee structure·annual registration fee, annual fee per ton buyal

_ AA*Atl!OOtta:rlIle<dler with.feecap. andfeeformodificationorrenewalofaTier 1permIt·that ergyr: Docket No. 11HI30iM1102, Rules Governing Eligibility lor AId to the _ & Semce Pn:Jo.m USN a sliding scale based on annual emissions; requires that the fee Octob Aged. Blind, and DI.abled. Divides the 2001 Social Security ca.t-<>f.. OW, for people In

..slsted living, certilled family homes and board and structurebe reviewed every 2years to assurethat the fund meet. the livlng adJustmentbetweentheBasJcAllowanceandtheCareAllowance presumptIveminimum as deflned by theEPA. Comment By: 1/24/01. ness I< 

### (208) 323-6721' aIIerru anddeletesobsoletetextontheschedulefor ImplementingthewaIver Idaho.Revis

.. theDepartment'spetroleumremediationpolicydealing roomhomes andresidentretainstheBulcAllowance forpersonaluse; Docket No.**5~ln4102.** Rules lor tbe Control ofAIr Pollution In taUy**~** lor HCBS lor the Aged and Disabled. Comment By. 1/24/01. with therapid andeffectiveremediation01 petroleum spflloand leaks Newlletall Locallon

... thil 6811.Fainiew (nearFJmers) Intosoiland groundwatertoavoida potentlalconfllctwithSection513 DocketNo. 11HI308-010I,Rule. GoverningTemporaryAssistancefor

___""""-'1-."'_._

...__ ..,**~"** which deals with good englneerlng pr.ctlces and dispersion tech­ Families In Idaho. Change.complywith state law requiringscreening
--...-**-,~.--~>I."..,-~** ....... niques In permItting sources with stacks.. Change allows the**Depart~** ofaU applicants and recipientsfor substanceabuse;alsolimits Career ment to continue to consider certain dispersion techniques that are gency As.l.tance to Needy F.mllles and Children within a 12 month Enhancement payments to only one payment of either CE or**F.mer~** now Integrated lntotheDepartment's petroleum remediation polley. period and requires thatrecipient ofthepaymentbeeitheremployed Comment By: 2/01/01. 

# "Sinusitis or

# Col

or participatingIn a work program. Comment By: l/24/O1. IDAPA 59
- PUBLIC EMPLOYEE RETIREMENT SYSTEM Of'IDAHO

Docket No.IIHlSOIHIIOI, Rules Governing MandatoryCrtmlnal HIs­ P.O. Sox83720, Bolle, Idaho l13120-0078 Docket No. 59-010fI.0101, PERSI GaIn Sharing Rules. New chapter 

### Infonnationfrom 

### the tory Checks. Repeal of chapter. Comment By. 1/24/01. allows theRetirementBoardtoallocateextraordinaryearning.In tbe

Docket No. 11HI506-0102, Rul

..Governing MandatoryCriminal HIs­ PERSI defined beneftt plan subject to certaln restrictions and nmit. toryChecks.Rewriteofchapter.Clarillesandexpeditestheprocessof 

# ••nl'

..... tlons. Theserule••etforthdellnltlons,howextraordinarygainswillbe the crlmInal history check. the exemption review process. and the determined. how the allocations will be made between active mel'l'r working definlUons; expands thelist ofcrimes for which therewm be Because the symptoms of sinusitis sometil bers,retirees andemployees.ItIncludesbothminimumandmAXImum an automatic denial. Comment By; 1/24/01. limits for allocations.CommentBy: 1/24/01. colds and allergies.you may not realizeyIJ Ifyou suspect you have sinUsitis, review tJ IDAPA 18-DEPARTMENTOFIHSURANCE PUBUC HEAlUNGS

- Public Hearings Have Been Scheduled For The Uyou suffer from three or more, the SINl. P.O. 8oll83720, _.Idaho 83'1»0043 FollOWing Dockets: Docket No.**1~154-0IOI,** Rules to Implement the NAIC Medicare DopIItImentof Envlron_Quellty SupplementInsuranceMinimumStandardsModel Act, Changesadopt Docket No. 59-0101-&905, Rules for the Control 01 Air Pollution In feder.l.tandsrd.nec

....ryfor retainingCertlficatlonofStateMedlgap Idaho

- Comment By; 1/24/01. Regulatoryprograms: updates requirements for theguaranteedtuue provlsiO'ns; expandseligibilityforguaranteedIssuetoIncludelndh1du-­ Docket No. 58-0101.0101, Rules lor the Control 01 AIr Pollution In aJ5whO' are65years:ofageorolderandenrolledIn theProgramforAll­ Idaho

- Comment By: 1/24/01. Inclusive Care for theElderly (pACE)who meet qualification.; allow. Docket No. 59-0101.0102, Rules for the Control 01 AIr Pollution In dl.abled benencwles entitled toMedicare benefits byreason 01 dis­ Idaho-Comment By: 2/1/01. abilityundertheSocialSecurllX,Actandcoveredunder.grouphealth plan the rIght to .uspend beneHts and premIums under a Medlgap PUBUC COMMENT PERIOD
- The Public Comment Perlnd ForThe polley; and clarifi

.. provl.lons under the hospital prospective pa), FollOwing Docket Has Been Extended: ment system.Comment By: 1/26/1l1. Departmeat 01 Environmental QualIty. Docket No. 58-0123-0101,

Docket No.**1~16fl.0101,** Rufe to Implement the Small Employer Rules ofAdministrative ProcedureBeforetheBoardofEnvironmental Health In.urance AvailabilityAct.ClarifIes theadmlnl.tratlve appeal$ Quality.Comment deadline: 2/28/01. process; conforms to changes In state law under HB 750; deletes PieaserefertotheIdaho AdmInistrative Bulletfn, January 3, 2001, duplicateInformation:andIncludesrequJrementspertainingto**"certl~** Volume 01·1 lor notices and text 01 all rulemaldngs, public hearing ftcatlon of creditable coverage" under the federal Health Insurance achedulea. Governor's executiveorders. and agency contactnames. Portability and Accountability Act. Comment By: 1/26/01. 

## ,1H"til(,.,!

# -

-

-

### PUBLIC COMMENTS Rules for the Control ofAir Pollution in Idaho Docket Number 58-0101-0102 Deadline for Comment: February 7, 2001
Submitted By Date Received I II 

### Michael McConnell Legislative Services State Capitol Boise, ID 83720-0054 

### 11/27/00 12/14/00 Certificate of Hearing held in Boise on 

### 2/6/01

\1 

# II

# Legislative Services Office Idaho State Legisl.ature

Carl F. Bianchi State Capitol Director P.O. Box 83720 Boise, ID 83720-0054 

### 208/334-2475; Fax 334-2125 

## MEMORANDUM· 

## TO: Rules review subcoIllIliittee ofthe

## Senat~ Health and Welfare Committee and the House Environmental Affairs Committee 

# RECEIVED FROM: Research & 

## Legislation, McConnell 

# NOV 21 2000 DATE: November 20, 2000

. 

## Coordinator

. . DEQ Heanngs SUBJECT: Rules ofthe Department ofEnvironmental Quality, at

# IDAIP~~1**t:b~--~D-o-c~ke-t--­** No. 58-0101-OOOS) regarding the control ofair pollution OIOL 

## The Idaho Department of Environmental**Quali~** 

## (DEQ) has adopted a temporary rule and proposes pennanent rulemaking at IDAPA 58.01.01, which addresses the control ofair pollution. The rulemaking revises subsection 210.16 by adding paragraph 

## "e. " which says: 

# ­ For anenvironmental remediation source that functions to remediate orrecover any 7

. 

## release, spill, leak, discharge or disposal ofanypetroleum product or petroleum substance, the Department may waive the requirements of Section 513 ofthese rules. Section 513 ofthe air pollution rules says: The required degree ofemission control ofany regulated air pollutant shall not be affected by the amount ofany stack height that exceeds good engineering practice (GEP) or by any other dispersion technique. By adding paragraph "c " DEQ is removing a potential conflict within the agency's petroleum remediation policy. DEQ writes that "This rulemaking will allow the Department to continue to consider certain dispersion techniques that are integrated into DEQ's petroleum remediation policy."

. . . 

## The proposed rulemaking is within the authority granted to DEQ by Section 39-105 and 39-107, Idaho Code.**Res~hqe~ Environmenta~8~ty&.'**  Policy Analysis Legislative Audits Mike Nugent, Supervisor Jeff Youtz, Supervisor 

### Larry K.irk, Supervisor 

### 208/334-2475; Fax 334-2125 

### 208/334-3531; Fax 334-2668 

### 208/334-3540; Fax 334-2125

,**t~** l
- ,,-,' -,,' ',­

## CERTIFICATE OF HEARING
SUBJECT: Rules for the Control ofAir Pollution in Idaho, Docket No. 58-0101-0102 LOCATION: DEQ Conference Center, 1410 N. Hilton, Boise, Idaho HEARING DATE: February 6, 2001 The undersigned deSignated hearing facilitator hereby certifies that on the 6th day of February, 2001, a public hearing was held on the Rules for the Control ofAir Pollution in Idaho, Docket No. 58-0101-0102, at the DEQ conference center in Boise, Idaho. The hearing commenced at 7:00 p.m. and was adjourned at 7:30 p.m. No public comment was submitted. Notice ofthis hearing appeared in the Idaho Administrative Bulletin, as required by Idaho Code Section 67-5221, on January 3,2001. This publication was timely made and other necessary notice requirements have been met.

DATED this

# ~day of February, 2001.

# ~. 

# !li

# Ju/**l61d~~tr** rJ; 

## Paula J. 

## tradwOhl Hearing Facilitator

CERTIFICATE OF HEARING 

## D/,lE ':,'1 

## Bl'/fORTHe

## C

# .­ Legislative Services Office Idaho State Legislature

Carl F. Bianchi State Capitol Director P.O. Box 83720 Boise, ID 83720-0054 

### December 13, 2000 208/334-2475; Fax 334-2125 

# RECEIVED DEC 

# 1,y2000 DEQ PAULA GRADWOHL 

## DEQ Hearin{lS Coordinator PARALEGAL**DOCKETNO~.** 

## ________ STATEHOUSE MAIL Dear Ms. Gradwohl: 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**-~** Demonstration of Preconstruction Compliance with 01 D1- 

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

# /~d[I!!&~ Michael W. McConnell ( Senior Legislative Analyst Research & 

### Legislation MWM/swn



# - Research &: Legislation Budget &: Policy Analysis Legislative Audits Mike Nugent, Supervisor Jeff Youtz, Supervisor Larry Kirk, Supervisor 208/334-2475; Fax 334-2125 208/334-3531; Fax 334-2668 208/334-3540; Fax 334-2125

## • 

# • • • STATE OF IDAHO 

### DEPARTMENT OF ENVIRONMENTAL QUALITY Board of Environmental Quality

Dirk Kempthorne. Governor 1410 North Hilton. Boise. ID 83706-1255, (208) 373-0502 C. Stephen Allred. Director



### DECLARATION OF RULEMAKING BY THE BOARD OF ENVIRONMENTAL QUALITY ADOp·flON OF PENDING RULE DOCKET NO. 58-0101-0102 Pursuant to the authority granted to the Board of Environmental Quality in Title 39, Chapter 1, Idaho Code, and under the provisions for pending rule adoption contained in Section 67-5224, Idaho Code, I declare that the Board of Environmental Quality adopted, as pending rules, the Rules for the Control ofAir Pollution in Idaho as presented in the attached Final Proposal.

I hereby certify that this action has been taken in compliance with Title 67, Chapter 52, Idaho Code.

# ~~~ , Chairman 

# .­ STATE OF IDAHO ss. County ofAda On this of October, 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared

### ~C:\.\d 

### J (;"h\Sholm Chairman, 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. 

# A"-"'A'"'''''''' Notary Public for Idaho

## ~~'P.. ell

## ~,~**<::)~** ...........

### 4"~**~~** Res!ding at:

## W~ 

# ...I.D
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# f

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____

### ~...I..f-y=~~Io...Soo"'-;'--. __ 

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### Ai(**I~** \ 

## i. !lit • .. 

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### RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY PENDING RULE DOCKET NO. 58-0101-0102

FINAL PROPOSAL The Department of Environmental Quality recommends that the Board of Environmental Quality adopt the rule as initially proposed in the Idaho Administrative Bulletin, Volume 01­ 01, January 3, 2001, pages 280 through 288.



# -

### RULE PROMULGATION AUTHORITY CHECKLIST

IDAPA 58.01.01, Rules for the Control of Air Pollution in Idaho 

### 010).... 

### Docket No. 58-0101**~**


### DATE

Director Approval of Rulemaking Concept
Approval Received from DFM/Govemor Legal Review of Proposed and/orTemporary Rule Docket and Rulemaking and Public Comment Summary (Rule Chart) 

# BY1S 

# r1ts

# l\ DirectorApproval of Proposed and/orTemporary Rule Docket and Rule Chart

# ~CI '. Board Approval ofTemporary Rule Legal Review of PendinglTemporary Rule Docket and Rule Chart Director Approval of PendinglTemporary Rule Docket and Rule Chart Board Approval of PendingITemporary Rule

### Docket Number: 58-0101-0102 

### Effective Date: 2002 sine die Public Notice Negotiated Rule Making: [] Yes [X]No Rules Title: Rules 

### for the 

### Control ofAir Pollution 

### in 

### Idaho Groups Involved: Agency Contact and Phone: Tim Teater. 373-0502
Descriptive Summary: 

### Subsection 210.16. Demonstration of Preconstructjon Compliance with Toxic Standards. Environmental Remediation Source DEQ's petroleum remediation policy has, for several years, successfully allowed the rapid and effective remediation of petroleum spills and leaks into soil and ground water while protecting the environment and public health. However, there is a potential conflict with Section 513 ofthe Rules for the Control ofAir Pollution in Idaho, which deals with good engineering practices and dispersion techniques in permitting sources with stacks. Therefore, in order for DEQ's petroleum remediation policy to continue to function, this conflict must be resolved. This rulemaking will allow the Department to continue consider certain dispersion techniques that are now integrated into the petroleum remediation policy. DEQ received no comments from the public concerning the proposed rule and has not revised the initial proposal. PEQ recommends that the Board of Environmental Quality adopt the rule, as presented in the final proposal, as a pending rule with a final effective date coinciding with the adjournment sine die ofthe Second Regular Session ofthe Fifty-sixth Idaho Legislature. The rule is subject to review by the Legislature before becoming final.



## o C) Hearings: 

### [Xl Yes [] No Locations and Dates: Boise, 2/6/01



### Written Comment Deadline: 

### 211.!JJl. Other Opportunities to Comment: N/A



### Cost Impact: None

Relevant Law: Idaho Code §§ 

### 39·105 and 

### 39-107

Alternatives: 210.16 

### If adopted: Pending rule will replace the temporary rule. The potential conflict between the petroleum remediation policy and Section 513 of the rules will be addressed and the policy will continue to be implemented. If not adopted; The temporary rule will expire and the current petroleum remediation policy will have to be changed requiring permits to construct for petroleum remediation projects. This will cause these projects to be completed in a less timely and much 

## o o 

## o ..,""" more expensive fashion.



## h U 

# J Rulem" 

# 1 and Public Comment 

### Summary

- Page 1

### Tempo .ule [ ] Necessary to protect public health, safety or welfare } [ ] Compliance with deadlines in amendments to governing law or**'v~~ral** programs [ ] Conferring a benefit



### Docket Number: 58-0101-0102 Effective Date: 

### 2002 sine die Rules Title: Rules for the 

### Control ofAir Pollution in Idaho

Section Existing Rule Summary Temporary and/or Proposed Rule Summary Summary ofRule Changes Based on Public Comment Outstanding Issues
210 Demonstration ofPreconstruction Compliance with Toxic Standards. Subsection 210.16 Environmental Remediation Source. Soil VaporExtraction Rule. Resolves conflict between DEQ's petroleum remediation policy and Section 513 ofthe airquality rules (good engineering practices and dispersion techniques in permitting sources with stacks). No comment/no change. None.

I**'-~** 

## -", (..." 

## c;;..) 

# o C""' 

## tJ

Rulemaking and Public Comment Summary

- Page 2

### .-,

.-."

### RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY PENDING RULE DOCKET NO. 58-0101-0102

FINAL PROPOSAL The Department of Environmental Quality recommends that the Board of Environmental Quality adoptthe rule as initially proposed in the Idaho Administrative Bulletin, Volume 01­ 01, January 3, 2001, pages 280 through 288

.

.

# ­

### IDAPA 58

- DEPARTMENT OF ENVIRONMENTAL QUALITY 58.01.0I - RULES FOR THE CONTROL OF AIRPOLLUTION IN IDAHO DOCKETNO. 58-0101-0102 

# - NOTICE OF PENDING RULE EFFECTIVE DATE: This rule has been adopted by the Board ofEnvironmental Quality (Board) and is now pending review by the 2002 Idaho State Legislature for final approval. The pending rule will become final and effective immediately upon the adjournment 

### sine die ofthe Second Regular Session ofthe Fifty-sixth Idaho Legislature unless prior to that date the rule is rejected, amended or modified by concurrent resolution in accordance with Idaho Code Sections 67-5224 and 67-5291. AUTHORITY: 

### In compliance with Idaho Code Section 67-5224, notice is hereby given that the Board has adopted a pending rule. The action is authorized by Sections 39-105 and 39-107, Idaho. DESCRIPTIVE SUMMARY: A detailed summary of the reasons for adopting the rule is set forth in the initial proposal published in the Idaho Administrative Bulletin, Volume 01-01, January 3, 2001, pages 280 through 288. The agency received no public comments on the proposal, and the rule has been adopted as initially proposed. The rulemaking record can be obtainedby contacting the undersigned. GENERAL INFORMATION: For more information about DEQ's programs and activities, visit its web site at www.state.id.us/deq. ASSISTANCE ON TECHNICAL QUESTIONS: For assistance on questions concerning this rulemaking, contactTim Teater at (208)373-0502, tteater@deq.state.id.us. Dated this day of

_____, 2001.

PaulaJ. Gradwohl Environmental Quality Section Attorney General's Office 1410N. Hilton Boise, Idaho 83706-1255 (208)373-0418IFaxNo. (208)373-0481 pgradwoh@deq.state.id.us

## ~--

### IDAHO ADMINISTRATIVE CODE IDAPA 58.01.01
- Rules for the Department

### ofEnvironmental Quality Controlof

### AirPollution in Idaho

v. Except as otherwiseprovided bythese rules, the Department shall prepare and issueto the owneror operator a fmal permit to construct or denial in accordance with Section 367. The owneroroperator may construct the source after permit to construct issuance orin accordance with Subsection 213.02.c. (4-5-00) vi. The permittee may, at any time after issuance, request that the permit to construct requirements be incorporated into the Tier I operating permit through an administrative amendment in accordance with Section 381. The owner or operator may operate the source or modification upon submittal ofthe request for an administrative amendment. (4-5-00) 210. DEMONSTRATION OFPRECONSTRUCTION COMPLIANCE WITH TOXIC STANDARDS. In accordance with Subsection 203.03, the applicant shall demonstrate preconstruction compliance with Section 161 to the satisfaction ofthe Department. The accuracy, completeness, execution and results ofthe demonstration are all subject to review and approval bythe Department. (6-30-95) 01. Identification OfToxic Air Pollutants. The applicant may use process knowledge, raw materials inputs, EPA and Department references and commonly available references approved by EPA or the Department to identifY the toxic airpollutants emitted bythe stationary source ormodification. (6-30-95) 02. Quantification OfEmission Rates. (6-30-95)
a. The applicant may use standard scientific and engineering principles and practices to estimate the emission rate ofany toxic airpollutant at the point(s) ofemission. (6-30-95) i. Screening engineering analyses use unrefined conservative data. (6-30-95) ii. Refined engineering analyses utilize refmed and less conservative data including, butnot limited to, emission factors requiring detailed input and actual emissions testing at a comparable emissions unit using EPA or Department approved methods. (6-30-95) b. The uncontrolled emissions rate ofa toxic air pollutant from a source or modification is calculated using the maximum capacityofthe source ormodificationunder its physical and operational design without the effect ofany physical or operational limitations. (6-30-95) i. Examples ofphysical and operational design include but are not limited to: the amount oftime equipment operates during batch operations and the quantity ofraw materials utilized in a batch process. (6-30-95) ii. Examples ofphysical or operational limitations include but are not limited to: shortened hours of operation, use ofcontrol equipment, and restrictions on production which are less than design capacity. (6-30-95)
c. The controlled emissions rate ofa toxic air pollutant from a source or modification is calculated using the maximum capacity ofthe source or modification under its physical and operational design with the effect of anyphysical or operational limitation that has been specifically described in a written and certified submission to the Department. (6-30-95) d. The T-RACT emissions rate of a toxic air pollutant from a source or modification is calculated using the maximum capacity ofthe source or modification under its physical and operational design with the effect of (6-30-95) i. Any physical or operational limitation other than control equipment that has been specifically described in a written and certified submission to the Department; and (6-30-95) ii. An emission standard that is T-RACT. (6-30-95) 03. Quantification OfAmbient Concentrations. (6-30-95)
a. The applicant may use the modeling methods provided in Subsection 202.02 to estimate the
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# - IDAHOADMINISTRATIVECODE IDAPA 58.01.01
- Rules for the Departmentof 

### Environmental Quality Controlof

### AirPollution in Idaho ambient concentrations at specified receptor sites for any toxic airpollutant emitted from the point(s) ofemission. (6-30-95) i. Forscreening modeling, the models use arbitrary meteorological data and predictmaximum one (I) hour concentrations for all specified receptor sites. For toxic air pollutants listed in Section 586, multiply the maximum hourly concentration output from the model by a persistence factor of one hundred twenty five onethousandths (0.125) to convert the hourly average to an annual average. Fortoxic air pollutants listed in Section 585, multiply the maximum hourly concentration output from the model by a persistence factor offour tenths (0.4) to convertthe hourly concentration to atwenty-four (24) houraverage. (6-30-95) ii. Forrefined modeling, the modelsuse site specific information. If

### actual meteorological data is used and the model predicts annual averages for toxic air pollutants listed in Section 586 and twenty-four (24) hour averages for toxic airpollutants listed in Section 585, persistence factors need not be used. (6-30-95) b. The point of compliance is the receptor site that is estimated to have the highest ambient concentration ofthe toxic airpollutant ofall the receptor sites that are located either at orbeyond the facility property boundary or at a point ofpublic access; provided that, ifthe toxic air pollutant is listed in Section 586, the receptor site is not considered to be at a point ofpublic access ifthe receptor site is located on or within a road, highway or othertransportation corridor transecting the facility. (6-30-95)
c. The uncontrolled ambient concentration ofthe source ormodification is estimated by modeling the uncontrolled emissionrate. (6-30-95) d. The controlled ambient concentration ofthe source or modification is estimated by modeling the controlled emission rate. (6-30-95)
e. The approved net ambient concentration from a modification for a toxic air pollutant at each receptor is calculated by subtracting the estimated decreases in ambient concentrations for all sources at the facility contributing an approved creditable decrease at the receptor site from the estimated ambient concentration from the modification at the receptor. (6-30-95) f. The approved offset ambient concentration from a source or modification for atoxic airpollutant at each receptor is calculated by subtracting the estimated decreases in ambient concentrations for all sources contributing an approved offset at the receptor from the estimated ambient concentration for the source or modification at the receptor. (6-30-95) g. The T-RACT ambient concentration ofthe source or modification is estimated by 

### using refined modeling andthe T-RACfemission rate. (6-30-95) h. The approved interpollutant ambient concentration from a source or modification for a toxic air pollutant at each receptoriscalculated as follows: (6-30-95) i. 

### Step I: Calculate the estimated decrease in ambient concentrations for each toxic airpollutant from each source contributing an approved interpollutant trade at the receptor by multiplying the approved interpollutant ratio by the overall decrease in the ambient concentration ofthe toxic airpollutant at the receptor site. (6-30-95) ii. Step 2: Calculate the total estimated decrease at the receptor by summing all ofthe individual estimated decreases calculated in Subsection 210.03.h.i. for thatreceptor. (6-30-95)
111. 

### Step 3: Calculate the approved interpollutant ambient concentration by subtracting the total estimated decrease at the receptor from the estimated ambient concentration for the source or modification at the receptor. (6-30-95) 04. Preconstruction Compliance Demonstration. The applicant may use any of the Department approved standard methods described in Subsections 210.05 through 210.08, and may use any applicable specialized method described in Subsections 210.09 through 210.12 to demonstrate preconstruction compliance for each identified toxic airpollutant. (6-30-95) 

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### ofAirPollution in Idaho

05. Uncontrolled Emissions. (6-30-95)
a. Compare the source's or modification's uncontrolled emissions rate for the toxic airpollutant to the applicable screening emission level listed in Sections 585 or 586. (6-30-95) b. Ifthe source's or modification's uncontrolled emission rate is less than or equal to the applicable screening emission level, no further procedures for demonstrating preconstruction compliance will be required for thattoxic airpollutant as part ofthe application process. (6-30-95) 06. UncontroDed Ambient Concentration. (6-30-95)
a. Compare the source's or modification's uncontrolled ambient concentration at the point of compliance for the toxic air pollutant to the applicable acceptable ambient concentration listed in Sections 585 or 586. (6-30-95) b. Ifthe source's or modification's uncontrolled ambient concentration at the point ofcompliance is less than or equal 

### to the applicable acceptable ambient concentration, no further procedwes for demonstrating preconstruction compliance will be required for thattoxic airpollutant as part ofthe applicationprocess. (6-30-95) 07. ControDed Emissions And UncontroDed Ambient Concentration. (6-30-95)
a. Compare the source's or modification's controlled emissions rate for the toxic air pollutant to the applicable screening emission level listed in Sections 585 or 586 and compare the source's or modification's uncontrolled ambient concentration at thepointofcompliance for the toxic airpollutant to the applicable acceptable ambientconcentration listed in Sections 585 or 586. (6-30-95) b. If the source's or modification's controlled emission rate is less than or equal to the applicable screening emission level and if the source's or modification's uncontrolled ambient concentration at the point of compliance is less than or equal to the applicable acceptable ambient concentration, no further procedures for demonstrating preconstruction compliance will be required for that toxic air pollutant as part of the application process. (6-30-95) 08. ControDed AmbientConcentration. (6-30-95)
a. Compare the source's ormodification's controlled ambient concentration at the pointofcompliance for the toxic airpollutant to the applicable acceptableambient concentration listed in Sections 585 or 586. (6-30-95) b. Ifthe source's or modification's controlled ambientconcentration atthe point ofcompliance is less than or equal to the applicable acceptable ambient concentration, no further procedures for demonstrating preconstructioncompliance will be required for thattoxic airpollutant aspart ofthe application process. (6-30-95)
c. The Department shall include an emission limit for the toxic airpollutant in thepermittoconstruct that is equal to or, ifrequested bytheapplicant, less than the emission rate that was used in the modeling. (6-30-95) 09. Net Emissions. (6-30-95)
a. As provided in Section 007 (defmition ofnet emissions increase) and Sections 460 and 461, the owner oroperator may net emissions to demonstratepreconstruction compliance. (4-5-00) b. Compare themodification's approved net emissions increase (expressed as an emissionrate)for the toxic airpollutant to the applicable screening emission level listed in Sections 585 or 586. (6-30-95)
c. If the modification's approved net emissions increase is less than or equal to the applicable screening emission level, no further procedwes for demonstrating preconstruction compliance will be required for that toxic air pollutant aspart ofthe applicationprocess. (6-30-95)

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### ofAirPollution in Idaho d. The Department shall include emission limits and other permit terms for the toxic air pollutant in the permit to construct that assure that the facility will be operated in the manner described in the preconstruction compliance demonstration.**(6~30-95)** 

### 10. Net Ambient Concentration. (6-30-95)
a. As provided in Section 007 (definition of net emission increase) and Sections 460 and 461, the owner or operator may net ambient concentrations to demonstrate preconstruction compliance. (4-5-00) b. Compare the modification's approved net ambient concentration at the point ofcompliance for the toxic air pollutant to the applicable acceptable ambient concentration listed in Sections 585 or 586. (6-30-95)
c. If

### the modification's approved net ambient concentration at the point ofcompliance is less than or equal to the applicable acceptable ambient concentration, no further procedures for demonstrating preconstruction compliance will be required for that toxic air pollutant as part ofthe application process. (6-30-95) d. The Department shall include emission limits and other permit terms for the toxic air pollutant in the permit to construct that assure that the facility will be operated in the manner described in the preconstruction compliance demonstration. (6-30-95) 

### 11. Toxic Air Ponutant Offset Ambient Concentration. (6-30-95)
a. As provided in Sections 206 and 460, the owner or operator may use offsets to demonstrate preconstruction compliance. (6-30-95) b. Compare the sources or modifications approved offset ambient concentration at the point of compliance for the toxic air pollutant to the applicable acceptable ambient concentration listed in Sections 585 or 586. (6-30-95)
c. If

### the source's ormodification's approved offset ambientconcentration at the point ofcompliance is less than or equal to the applicable acceptable ambient concentration, no further procedures for demonstrating preconstruction compliance will be 

### required for that toxic air pollutant aspart ofthe application process. (6-30-95) d. The Department shall include emission limits and other permit terms for the toxic air pollutant in the permit to construct that assure that the facility will be operated in the manner described in the preconstruction compliance demonstration. (6-30-95) 12. T-RACT Ambient Concentration ForCarcinogens. (6-30-95)
a. As provided in Subsections 210.12 and 210.13, the owner or operator may use T-RACT to demonstrate preconstruction compliance for toxic air pollutants listed in Section 586. (6-30-95)
1. 

### This method may be used in conjunction with netting (Subsection 210.09), and offsets (Subsection 210.11 ). (6-30-95) ii. This method is not to be used to demonstrate preconstruction compliance for toxic air pollutants listed in Section 585. (6-30-95) b. Compare the source's or modification's approved**T~RACT** 

### ambient concentration at the point of compliance for the toxic air pollutant to the amount ofthe toxic air pollutant that would contribute an ambient air cancerrisk probability ofless than one to one hundred thousand (1: 1 00,000) (which amount is equivalent to ten (10) times the applicable acceptable ambient concentration listed in Section 586).**(6~30-95)** 

### c. If the source's or modification's approved T-RACT ambient concentration at the point of compliance is less than or equal to the amount ofthe toxic air pollutant that would contribute an ambient air cancer risk probability of less than one to one hundred thousand (1:100,000), no further procedures for demonstrating preconstruction compliance will be 

### required for that toxic air pollutant as part ofthe application process. (6-30-95)
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d. The Department shall include emission limits and other permit terms for the toxic air pollutant in the permit to construct that assure that the facility will be operated in the manner described in the preconstruction compliance demonstration. (6-30-95) 13. 

### T-RACTDetennination Processing. (6-30-95)
a. The applicant may submit all information necessary tothe demonstration at the time the applicant submits the complete initial application or the applicant may request the Department to review a complete initial application to determine ifSubsection 210.12 may be applicable to the source ormodification. (6-30-95) b. Notwithstanding Subsections 209.01.a. and 209.01.b., ifthe applicant requests the Department to review a complete initial application and Subsection 210.12 is determined to be applicable, the completeness determination for the initial application will be revoked until a supplemental application is submitted and determined complete. When the supplemental application is determined complete, the timeline for agency action shall be reinitiated. (6-30-95) 14. 

### T-RACTDetermination. T-RACT shall be determined on a case-by-case basisbythe Department as follows: (6-30-95)
a. The applicant shall submit information to the Department identifying and documenting which control technologies orother requirements the applicantbelieves to be T-RACT. (5-1-94) b. The Department shall review the information submitted bythe applicant and determine whether the applicant has proposed T-RACT. (5-1-94)
c. The technological feasibility ofa control technology or other requirements for a particular source shall be determined considering several factors including, but not limited to: (5-1-94)
1. Process and operating procedures, raw materials and physical plant layout. (5-1-94) ii. The environmental impacts caused by the control technology that cannot be mitigated, including, but not limited to, water pollution andthe production ofsolid wastes. (5-1-94) iii. The energy requirements ofthe control technology. (5-1-94) d. The economic feasibility of a control technology or other requirement, including the costs of necessary mitigation measures, for a particular source shall be determined considering several factors including, but not limited to: (5-1-94) i. Capital costs. (5-1-94) ii. Cost effectiveness, which is the annualized cost ofthe control technology divided bythe amount of emission reduction. (5-1-94) iii. The difference in costs between the particular source and other similar sources, ifany, that have implemented emissions reductions. (5-1-94)
e. If the Department determines that the applicant has proposed T-RACT, the Department shall determine which ofthe options, or combination ofoptions, will result in the lowest emission oftoxic air pollutants, develop the emission standards constituting T-RACT and incorporate the emission standards into the permit to construct. (5-1-94) f. Ifthe Department determines that the applicant has not proposed T-RACT, the Department shall disapprove the submittal. Ifthe submittal is disapproved, the applicant may supplement its submittal or demonstrate preconstruction compliance through a differentmethodprovided in Section 210. Ifthe applicant does not supplement its submittal or demonstrate preconstruction compliance through a different method provided in Section 210, the
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### IDAHO ADMINISTRATIVE CODE IDAPA 58.01.01 • Rules for the Department

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### AirPollution in Idaho Department shall deny the pennit. (6-30-95) 15. Short Term Source Factor. For short tenn sources, the applicant may utilize a short tenn adjustment factor of ten (10). For a carcinogen, mUltiply either the applicable acceptable ambient concentration (AACC) or the screening emission rate, but not both, by ten (10), to demonstrate preconstruction compliance. This method may be used for TAPs listed in Section 586 only and may be utilized in coIliUflction with standard methods for quantification ofemission rates (Subsections 210.05 through 210.08). (4-5-00) 16. Environmenta) Remediation Source. (6-30-95)
a. For Remediation sources subject to or regulated by the Resource Conservation and Recovery Act (42 U.S.c. Sections 690 1-6992k) and the "IdahoRules and Standards for HazardousWaste," (IDAPA 58.01.05.000 et seq.) or the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 6901-6992k) or a consent order, ifthe estimated ambient concentration at the point ofimpact is greater than the acceptable ambient impacts listed in Sections 585 and 586, Best Available Control Technology shall be applied and operated until the estimated uncontrolled emissions from the remediation source are belowthe acceptable ambient concentration. (6-30-95) b. For Remediation sources not subject to or regulated by the Resource Conservation and Recovery Act (42 U.S.C. Sections 6901-6992k) and the "Idaho Rules and Standards for Hazardous Waste," (IDAPA 58.01.05.000 et seq.) or the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.c. 6901-6992k) or a consent order, shall, for the purposes ofthese rules, be considered the same as any other new or modified source oftoxic airpollution. (6-30-95)
c. For an environmental remediation source that functions to remediate or recover any release, spill, leak, discharge or disposal of any petroleum product or petroleum substance, the Department may waive the requirements ofSection 513 ofthese rules. (3-15-02) 17. Interpollutant TradingAmbient Concentration. (6-30-95)
a. As provided in Subsections 209.0I.c., 210.17 through 210.19, the owner or operator may use interpollutant trading to demonstrate preconstruction compliance. This method may be used in conjunction with netting (Subsection 210.10), and offsets (Subsection 210.11) (6-30-95) b. Compare the source's or modification's approved interpollutant ambient concentration at the point ofcompliance for the toxic air pollutant emitted by the source or modification to the applicable acceptable ambient concentration listed in Sections 585 or586. (6-30-95)
c. If the source's or modification's approved interpollutant ambient concentration at the point of compliance is less than orequal to the applicable acceptable ambient concentration listed in Sections 585 or 586, no further procedures fordemonstrating preconstruction compliancewill be required for thattoxic airpollutant as partof the applicationprocess. (6-30-95) d. The Department shall include emission limits for all ofthe toxic air pollutants involved in the trade in the permitto construct. The Department shall also include otherpennittenns in the permitto construct that assure that the facility will beoperated in the manner described in the preconstruction compliance demonstration. (6-30-95) 18. InterpoDutant TradingDetermination Processing. (6-30-95)
a. The applicant may submit all infonnation necessary to the demonstration at the time the applicant submits the complete initial application or the applicant may request the Department to review a complete initial application to detennine ifSubsection 210.17 maybe applicable to the source or modification. (6-30-95) b. Notwithstanding Subsections 209.0I.a. and 209.0I.b., ifthe applicant requests the Department to review a complete initial application and Subsection 210.17 is detennined to be applicable, the completeness detennination for the initial application will berevoked until a supplemental application is submitted and determined complete. When the supplemental application is determined complete, the timeline for agency action shall be
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### IDAHO ADMINISTRATIVE CODE IDAPA 58.01.01
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### Environmental Quality Controlof

### AirPollution in Idaho reinitiated. (6-30-95) 19. InterpollutantDetermination. (6-30-95)
a. The applicant mayrequest an interpollutant trade ifthe Department detenninesthat: (6-30-95) i. The facility complies with an emission standard at least as stringent as best available control technology (BACT); and (6-30-95) ii. The owneroroperator has instituted all known and available methods ofpollution prevention atthe facility toreduce, avoid oreliminate toxic airpollutionprior to its generation including, but not limited to, recycling, chemical substitution, and processmodificationprovidedthat suchpollutionprevention methods are compatible with each other andthe product or servicebeingproduced; and (6-30-95) iii. The owner oroperator has taken all available offsets; and (6-30-95) iv. The owner or operator has identified all geographical areas and populations that may be impacted bytheproposed interpollutant trade. (6-30-95) b. Interpollutant trades shall be approved or denied on a case-by-case basis by the Department. Denials shall be within the discretion ofthe Department. Approvals shall be granted only if: (6-30-95) i. The DepartmentofHealth and Welfare's Division ofHealth approvesthe interpollutant trade; and (6-30-95) ii. The Department ofEnvironmental Quality detennines that the interpollutant trade will result in a overall benefitto the environment; and (6-30-95)
lll. An EPA approved database or other EPA approved reference provides relative potency factors, or 

# - comparable factors, orotherdata that is sufficient to allow for adequate review and approval ofthe proposed trade b;V the Department and the Department ofHealth and Welfare's Division ofHealth is submitted for all ofthe toxic an pollutants being traded; and (6-30-95) iv. The reductions occur at the same facility where the proposed source or modification will be constructed; and (6-30-95)
v. The interpollutant trade will not cause an increase in sum ofthe ambient concentrations ofthe carcinogenic toxic air pollutants involved in the particular interpollutant trade at any receptor site; and (6-30-95) vi. The total cancer risk with the interpollutant trade will be less than the total cancerrisk without the interpollutanttrade; and (6-30-95) vii. The total non-cancer health risk with the interpollutant trade will be less than the total non-cancer healthriskwithoutthe interpollutanttrade. (6-30-95) 20. NSPS And NESHAP Sources. (6-30-95)
a. Ifthe owneroroperator demonstrates thatthe toxic airpollutant from the source ormodification is regulated bytheDepartment atthe time ofpennitissuance under40 CFR Part 60, 40 CFR Part 61 or40CFR Part 63, no further procedures for demonstratingpreconstruction compliance will berequired under Section 210for that toxic airpollutant as part ofthe applicationprocess. (6-30-95) b. Ifthe owneror operatordemonstrates that the toxic airpollutant from the source or modification is regulated by the EPA atthe time ofpennit issuance under40CFR Part 60, 40 CFRPart 61 or40CFR Part 63 and the permit to construct issued by the Department contains adequate provisions implementing the federal standard, no further procedures for demonstrating preconslruction compliance will berequired under Section 210 for thattoxic air pollutant aspart ofthe application process. (6-30-95) 

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21. Permit CompHance Demonstration. Additional procedures and requirements to demonstrate and ensure actual and continuing compliance may be required by the Department in the permit to construct. (5-1-94) 22. Interpretation And Implementation OfOther Sections. Except as specifically provided in other sections ofthese rules, the provisions ofSection 210 are not to be utilized in the interpretation or implementation of any other section oftheserules. (6-30-95) 211. CONDITIONS FOR PERMITS TOCONSTRUCT. 01. Reasonable Conditions. The Department may impose any reasonable conditions upon an approval, including conditions requiring the stationary source or facility to be provided with: (5-1-94)


### a. Sampling ports ofa size, number, and location as the Departmentmay require; (5-1-94) 

### b. Safe access to eachport; (5-1-94)
c. Instrumentation to monitor and record emissions data; (5-1-94) d. Instrumentation for ambient monitoring to determine the effect emissions from the stationary source or facility may have, or are having, on the air quality in any area affected by the stationary source or facility; and (5-1-94)
e. Any other sampling and testing facilities as maybe deemedreasonably necessary. (5-1-94) 02. Cancellation. The Department may cancel a permit to construct ifthe construction is not begun within two (2) years from the date ofissuance, orifduring the construction, work is suspended for one (1) year. (5-1-94) 03. Notification To The Department. Any owneror operator ofa stationary source or facility subject to apermit to construct shall furnish the Department written notifications asfollows: (5-1-94)
a. A notification ofthe anticipated date ofinitial start-up ofthe stationary source or facility not more than sixty (60) days orless than thirty (30) days prior to such date; and (5-1-94) b. A notification ofthe actual date ofinitial start-up ofthe stationary source orfacility within fifteen (15) days after such date. (5-1-94) 04. Performance Test. Within sixty (60) days after achieving the maximum production rate at which the stationary source or facility will be operated but not later than one hundred eighty (180) days after initial start-up of such stationary source or facility, the owner or operator of such stationary source or facility may be required to conduct a performance test in accordance with methods and under operating conditions approved by the Department and furnish the Department a written report oftheresults ofsuch performance test. (5-1-94)


### a. Such test shallbe at the expense ofthe owner oroperator. (5-1-94) b. The Department may monitor such test and may also conductperformance tests. (5-1-94)
c. The owner or operator ofa stationary source or facility shall provide the Department fifteen (15) days priornotice ofthe performance test to afford the Department the opportunityto have an observerpresent. (5-1-94) 212. OBLIGATIONTO COMPLY. 01. ResponsibiHty To Comply With AU Requirements. Receiving a permit to construct shall not relieve any owner oroperator ofthe responsibility to comply with all applicable local, state and federal statutes, rules and regulations. (5-1-94)
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