, . 

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 Sixth Avenue 


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. t) 

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

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

seeking Environmental Protection Agency (EPA) approval of these revisions as an update to the 

contents of the 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 of the federal Clean Air Act and applicable federal regulations. None 

of the 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 15,2002 with 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 of July 1, 2001. 


IDAPA 58.01.01.861.04.c - HospitaVMedicaVlnfectious Waste Incinerators. This revision 

clarifieS that all owners or operators of the 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 for fugitive 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 operator to commence 

construction and operation of a 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 how the 

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 V Operating Permit Fees. This pending rule revises 

the existing structure for annual registration of Tier I sources and the annual assessment and 

payment of Tier I feels. These revisions were adopted by the Board of Environmental Quality on 

November 13, 2002 and the 2003 Legislature approved them effective April 2, 2003. 

If you or your staff have questions concerning any of these rules, please contact me at 208-373-0240. 

My staff are 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 File 
STATE OF IDAHO 

DEPARTMENT OF 

ENVIRONMENTAL QUALITY 

_._...... .~ .. ,­ 1410 North Hillon· Boise, Idaho 83706·1255' (208) 373·0502 Dirk Kempthome, Governor 

,C. Stephen Allred, Director 

AMENDMENT TO THE 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 Rules for the Control of Air Pollution in Idaho (Air Rules). 

IDAPA 58.01.01, as edited in the attachments, as a revision to Appendix A.3 of the 

Implementation Plan for the Control of Air 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 of Environmental Quality 

(DEQ) is commencing proposed rule making 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 proposed rulemaking will be held as follows: 

February 6, 2001, 7 p.m. 


Department of Environmental Quality Conference Center 


1410 N. Hilton, Boise, Idaho. 


The hearing site(s) will be accessible to persons with disabilities. Requests for accommodation must be made no later 

than five (5) days prior to the hearing. For arrangements, contact the undersigned at (208)373-0418. 

DESCRIPTIVE SUMMARY: This rulemaking revises Subsection 210.16.c., Demonstration of Preconstruct ion 

Compliance with Toxic Standards, Environmental Remediation Source. The Department'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 of the Rules for the Control of Air Pollution in Idaho, which deals with good engineering practices 

and dispersion techniques in permitting sources with stacks. Therefore, in order for the Department's petroleum 

remediation policy to continue to function, this conflict must be resolved. This rulemaking will allow the Department 

to continue to consider certain dispersion techniques that are now integrated into the Department's petroleum 

remediation policy. 

The proposed rule text is in legislative format. Language the agency proposes to add is underlined. Language the 

agency proposes to delete is struck out. It is these additions and deletions to which public comment should be 

addressed. 

After consideration 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 of the 2002 session of the Idaho Legislature. 

NEGOTIATED RULEMAKING: Negotiated rulemaking was not conducted because the rulemaking schedule did 

not allow for the timing of it. 

TEMPORARY RULE JUSTIFICATION: Pursuant to Sections 67-5226(1)(a), Idaho Code, the Governor has 

found that temporary adoption of the 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 or before February 7, 2001. 

Dated this 15th day ofNovember, 2000. 

-', January 3,2001 Page 280 Volume No. OJ-l 
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Rules for the Control ofAir Pollution in Idaho Temporary and Proposed Rule 


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 TEXT OF DOCKET NO. 58-0101-0102 

210. DEMONSTRATION OF PRECONSTRUCTION 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 of the demonstration are all 

subject to review and approval by the Department. (6-30-95) 

01. Identification Of Toxic 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 air pollutants 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 of any toxic air pollutant at the point(s) of emission. (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 of a toxic air pollutant from a source or modification is calculated 

using the maximum capacity of the source or modification under its physical and operational design without the 

effect of any physical or operational limitations. (6-30-95) 

i. Examples of physical and operational design include but are not limited to: the amount of time 

equipment opemtes during batch opemtions and the quantity of raw materials utilized in a batch process. (6-30-95) 

ii. Examples of physical or opemtional limitations include but are not limited to: shortened hours of 

operation, use of control equipment, and restrictions on production which are less than design capacity. (6-30-95) 

c. The controlled 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 

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 of the 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! Volume No. 01-1 -

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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 Of Ambient Concentrations. (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 air pollutant emitted from the point(s) ofemission. 

(6-30-95) 

i. For screening modeling, the models use arbitrary meteorological data and predict maximum 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 of four tenths (004) to 

convert the hourly concentration to a twenty-four (24) hour average. (6-30-95) 

ii. For refined 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 air pollutants 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 of the toxic air pollutant of all the receptor sites that are located either at or beyond the facility property 

boundary or at a point of public access; provided that, if the toxic air pollutant is listed in Section 586, the receptor 

site is not considered to be at a point of public access if the 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 or modification 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 or modification for a toxic air pollutant 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 of the 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: Calculate the estimated decrease in ambient concentmtions for each toxic air pollutant 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 of the toxic air pollutant at the receptor site. (6-30-95) 

ii. Step 2: Calculate the total estimated decrease at the receptor by summing all of the 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 

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Rules for the Control ofAirPollution in Idaho Temporary and Proposed Rule 


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 air pollutant. (6-30-95) 

05. Uncontrolled Emissions. (6-30-95) 

a. Compare the source's or modification's uncontrolled emissions rate for the toxic air pollutant 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 

that toxic air pollutant as part of the 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 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) 

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 of compliance for the toxic air pollutant to the applicable acceptable 

ambient concentration 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. Controlled Ambient Concentration. (6-30-95) 

a. Compare the source's or modification's controlled 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) 

b. Ifthe source's or modification's controlled 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) 

c. The Department shall include an emission limit for the toxic air pollutant in the permit to construct 

that is equal to or, ifrequested by the 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 or operator may net emissions to demonstrate preconstruction compliance. (4-5-00) 

-. 


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b. Compare the modification's approved net emissions increase (expressed as an emission rate) for the 

toxic air pollutant 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 procedures for demonstrating preconstruction compliance will be required for 

that toxic air pollutant as part of the 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 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 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 modification's approved net 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 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 Pollutant 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 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 or modification's approved offset ambient concentration at the point ofcompliance is 

less than or equal to the applicable acceptable ambient concentration, no further procedures for demonstrating 

pre construct ion compliance will be required for that toxic air pollutant as part of the 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 air pollutants listed in Section 586. (6-30-95) 

I. 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 of the toxic air pollutant that would contribute an ambient air 

January 3, 2001 Page 284 Volume No. 01-1 
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cancer risk probability of less 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 or equal to the amount of the 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 if Subsection 210.12 may be applicable to the source or modification. (6-30-95) 

b. Notwithstanding Subsections 209.0I.a. and 209.0I.b., if the 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-case basis by the Department 

as follows: (6-30-95) 

a. The applicant shall submit information to the Department identifying and documenting which 

control technologies or other requirements the applicant believes to be T-RACT. (5-1-94) 

b. The Department shall review the information submitted by the applicant and determine whether the 

applicant has proposed T-RACT. (5-1-94) 

c. The technological feasibility of a control technology or other requirements for a particular source 

shall be determined considering several factors including, but not 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 of solid 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 by the amount of 

emission reduction. (5-1-94) 

111. The difference in costs between the particular source and other similar sources, if any, 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 of the options, or combination of options, will result in the lowest emission of toxic air pollutants, 

January 3, 2001 Page 285 Volume No. 01-1 

(. '. ~. 1"\" ') 

~~~\.J,.JJ~"'" 
IDAHO ADMINISTRATIVE BULLETIN Docket No. 58·0101·0102 


Rules for the Control ofAirPollution in Idaho Temporary and Proposed Rule 


develop the emission standards constituting T -RACT and incorporate the emission standards into the permit to 

construct. (5-1-94) 

f. If the Department determines that the applicant has not proposed T-RACT, the Department shall 

disapprove the submittal. If the submittal is disapproved, the applicant may supplement its submittal or demonstrate 

preconstruction compliance through a different method 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 of emission 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.) or the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 690l-6992k) or 

a consent order, if the estimated ambient concentration at the point of impact 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 below the 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 of these rules, be considered the same as any other new or 

modified source of toxic 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 of Section 513 ofthese rules. (l1-1O-00)T 

17. Interpollutant Trading Ambient Concentration. (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 

of compliance for the toxic air pollutant emitted by the source or modification to the applicable acceptable ambient 

concentration listed in Sections 585 or 586. (6-30-95) 

c. If the source's or modification's approved interpollutant ambient concentration at the point of 

compliance is less than or equal to the applicable acceptable ambient concentration listed in Sections 585 or 586, no 

further procedures for demonstrating preconstruction compliance will be required for that toxic air pollutant as part of 

the application process. (6-30-95) 

d. The Department shall include emission limits for all ofthe toxic air pollutants involved in the trade 

in the permit to construct. The Department shall also include other permit terms 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) 

18. Interpollutant Trading Determination Processing. (6-30-95) 

a. The applicant may submit all information necessary to the demonstration at the time the applicant 

January 3, 200 I Page 286 Volume No. 01-1 
IDAHO ADMINISTRATIVE BULLETIN Docket No. 58·0101-0102 


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


submits the complete initial application or the applicant may request the Department to review a complete initial 

application to determine if Subsection 210.17 may be applicable to the source or modification. (6-30-95) 

b. Notwithstanding Subsections 209.01.a. and 209.01.b., if the 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. Interpollutant Determination. 	 (6-30-95) 

a. The applicant may request an interpollutant trade if the 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 operator has instituted all known and available methods ofpollution prevention at the 

facility to reduce, avoid or eliminate toxic air pollution 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 service being produced; and (6-30-95) 

iii. The owner or 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 of the Department. Approvals shall be granted only if: (6-30-95) 

i. 	 The Department of Health and Welfare's Division of Health approves the interpollutant trade; and 

(6-30-95) 

ii. The Department of Environmental Quality determines that the interpollutant trade will result in a overall benefit to 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 of Health and Welfare's Division of Health is submitted for all of the 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 of the 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 air pollutant from the source or modification is 

regulated by the Department at the time of permit issuance under 40 CPR Part 60, 40 CPR Part 61 or 40 CPR Part 63, no further procedures for demonstrating preconstruction compliance will be required under Section 210 for that toxic 

January 3,2001 	 Page 287 Volume No. 01-1 

, .... "\ .1\'" 4 

. J ,JJ ~ 
IDAHO ADMINISTRATIVE BULLETIN Docket No. 58-0101-0102 


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


air pollutant as part of the 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 at the time ofpermit issuance under 40 CFR Part 60, 40 CFR Part 61 or 40 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 be required under Section 210 for that toxic air 

pollutant as part of the application process. (6-30-95) 

21. Permit Compliance 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 OrOtber Sections. Except as specifically provided in other 

sections of these rules, the provisions of Section 210 are not to be utilized in the interpretation or implementation 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 C1earwatet Power is one 0112 pu~ blocl 

lie utility companiell o!Iering cus· 1998 tomers a dIance to sponsor anexperi­ "I, men1lil projectto collect 'green" pow. The following agencies of the state of (daho have publillhed the complete text and all related, Ofe< pertinent Information concerning theirIntent to cbange ormake tbe foOowing rules In tbe new luue er - methane........."... from aland­
 said. of tbe Idaho Admlnlstratlve Bulletin. fill in Coffin Butte, Ore. sorit 

IDAPA 16-DEPARTMENT Of' Hl!ALlH AND WELFARE Docket No. )~11&-oIOI, Rule to Implement the Sman Employer For an ex!nt $4 a month, Clearwa· coun 

P.O. Ilol. 83720, _.Idaho a:J72O.OO38 Health te.-I'ow<>rcustomers can sponsor 100- gy." In.ur.nce Availability Act Plan DesIgn. Amends health benefit 

Docket No. 11HI304-elOl, Rules Governing the Food Stamp Program plans lImitations and exclusJons to comply with requ'rements of the kiIowatt·hour blocks CI. to support the 

In Idaho. Gives participants right to recelye Food Stamps within 7day. federal Women's Health and Cancer Rfghts Act; amends coordination thep 

II eligible for expedited .ervices; a housebold In which .11 adult mem· of benelUs provision. to conform to IDAPA IS.01.74, "Coordination of 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 to 24 months; creates new standards for establtshlng and provlslons. Comment By: 1/26/01. com~ 

coUecting food stamp recipient claims from households who received 16-<:), Docket No. 1~17UIOl, Rule to Implement the Individual Health _.'. '\)\\I.etl!\\t over payment. or misused food .tamp benents. Comment By: 1/24/01. are n Insurance Availability Act. Changes comply with Title 41. Chapters 52 '\\\~ Piero 

Aged. Blind, and Disabled. Adds. prohibition and penalty for transfer requirements of the "certification of creditable coverage- to Insured'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. MllENNlAMac.com triciry

through AABD; provldes conditions a personal service contract must "It', Docket No. 1~113-0IOI, Ruleto Implement the Individual He<h Insur­ meet to. be exempt (rom the asset transfer penalty for nursing home med\! .nce AvaUabillty Act Plan Design. Changes re/leet four new health benefit care and eHgtblllty for Medicaid under a HCSS waivefic adds definition expI<> plan designs, dellned benellts, exclusions and limitation. for the basic, ofFair Market Value; conversIon or sale ofa resource's a resource. not V"~~~~ and II standard, catastrophic A and catastrophIc B. Comment By. 1/26/111. ". ';, , sky. 1 

counted as Income and a r~ource In the same month; participant IDAPA 58 

- DEPARTMENT Of' ENVIRONMENTAL QUAUTY 

income; excludes Interest on excluded burJal funds; an asset canoot 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 the registration fees for TIer I sources; Title Vestab-­ ~I'I !'owe! must be "cost-eflectlve" to qualify for Medlc.ld; and a person applying Hshes a "presumptive minimum" fee amount to pay for the costs of terPo­ for Medlc.ld .. a Qualified Dlsa'bled and WorkIng Individual must not maintatnlngTltJe Vprogram actIvities; the fee structure Is revised to a BPAr , be eligible far any other type 01 Medicaid. Comment By: 1/24/0I. thr~art fee structure· annual registration fee, annual fee per ton buyal _ AA* Atl!OOtta:rlIle<dler Docket No. 11HI30iM1102, Rules Governing Eligibility with.fee cap. and fee for modification or renewal ofa Tier 1 permIt ·that ergyr: lor AId to the 

Aged. Blind, and DI.abled. Divides the 2001 Social Security ca.t-<>f.. USN a sliding scale based on annual emissions; requires that the fee _ & Semce Pn:Jo.m Octob OW, 

for people In ..slsted living, certilled family homes and board and 

structure be reviewed every 2 years to assure that the fund meet. the livlng adJustment between the BasJcAllowanceand theCareAllowance presumptIve minimum as deflned by the EPA. Comment By: 1/24/01. ness I< (208) 323-6721' aIIerru and deletes obsolete text on the schedule for Implementing the waIver Idaho. Revis ..theDepartment's petroleumremediation policy dealing 

room homes and resident retains the Bulc Allowance for personal use; Docket No. 5~ln4102. Rules lor tbe Control of AIr Pollution In taUy ~ 

lor HCBS lor the Aged and Disabled. Comment By. 1/24/01. with the rapid and effective remediation 01 petroleum spfllo and leaks New lletall Locallon ... thil 

Into soil and ground water to avoid a potentlalconfllct with Section 513 6811.Fainiew (near FJmers) Docket No. 11HI308-010 I, Rule. GoverningTemporaryAssistance for which ___""""-'1-."'_._ ... __ 

.., deals with good englneerlng pr.ctlces and dispersion tech­ Families In Idaho. Change. comply with state law requiring screening --... - -,~.--~>I."..,-~.......
 of aU applicants and recipients for substance abuse; also limits Career niques In permItting sources with stacks.. Change allows the Depart~

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 lnto the Department's petroleum remediation polley. 

period and requires that recipient of the payment be either employed Comment By: 2/01/01. "Sinusitis or Col or participating In a work program. Comment By: l/24/O1. IDAPA 59 - PUBLIC EMPLOYEE RETIREMENT SYSTEM Of'IDAHO 

Docket No.IIHlSOIHIIOI, Rules Governing Mandatory Crtmlnal HIs­ P.O. Sox 83720, Bolle, Idaho l13120-0078 Docket No. 59-010fI.0101, PERSI GaIn Sharing Rules. New chapter Infonnation from the tory Checks. Repeal of chapter. Comment By. 1/24/01. allows the Retirement Board to allocate extraordinary earning. In tbe Docket No. 11HI506-0102, Rul.. Governing Mandatory Criminal HIs­ PERSI defined beneftt plan subject to certaln restrictions and nmit. tory Checks. Rewrite of chapter. Clarilles and expedites the process of tlons. These rule••et forth dellnltlons, howextraordinary gains will be ••nl'..... 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 the list of crimes for which there wm be bers, retirees and employees. It Includes both minimum and mAXImum Because the symptoms of sinusitis sometil an automatic denial. Comment By; 1/24/01. limits for allocations. Comment By: 1/24/01. colds and allergies. you may not realize yIJ 

If you suspect you have sinUsitis, review tJ IDAPA 18-DEPARTMENTOFIHSURANCE PUBUC HEAlUNGS - Public Hearings Have Been Scheduled For The U you suffer from three or more, the SINl. P.O. 8oll83720, _.Idaho83'1»0043 FollOWing Dockets: Docket No. 1~154-0IOI, Rules to Implement the NAIC Medicare DopIItIment of Envlron_ Quellty Supplement Insurance Minimum Standards Model Act, Changes adopt Docket No. 59-0101-&905, Rules for the Control 01 Air Pollution In feder.l.tandsrd.nec....ry for retainingCertlficatlon ofState Medlgap Idaho - Comment By; 1/24/01. Regulatory programs: updates requirements for the guaranteed tuue provlsiO'ns; expands eligibility for guaranteed Issue to Includelndh1du-­ Docket No. 58-0101.0101, Rules lor the Control 01 AIr Pollution In 

aJ5 whO' are 65 years: ofage or older and enrolled In the Program for All­ Idaho 

- Comment By: 1/24/01. 

Inclusive Care for the Elderly (pACE) who meet qualification.; allow. Docket No. 59-0101.0102, Rules for the Control 01 AIr Pollution In 

dl.abled benencwles entitled to Medicare benefits by reason 01 dis­ Idaho-Comment By: 2/1/01. ability under the Social SecurllX,Act and covered under. group health 

plan the rIght to .uspend beneHts and premIums under a Medlgap PUBUC COMMENT PERIOD 

- The Public Comment Perlnd For The 

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 Procedure Before the Board of Environmental 

Health In.urance Availability Act. ClarifIes the admlnl.tratlve appeal$ Quality. Comment deadline: 2/28/01. 

process; conforms to changes In state law under HB 750; deletes Piease refer to the Idaho AdmInistrative Bulletfn, January 3, 2001, duplicate Information: and Includes requJrements pertaining to "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 executive orders. and agency contact names. Portability and Accountability Act. Comment By: 1/26/01. 

,1H"til(,.,! 
-


-


-
PUBLIC COMMENTS 


Rules for the Control of Air 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 of the 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 of the Department of Environmental Quality, at IDAIP~~1 t:b~--~D-o-c~ke-t--­ No. 58-0101-OOOS) regarding the control of air 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 of air pollution. 

The rulemaking revises subsection 210.16 by adding paragraph "e. " which says: ­ For an environmental remediation source that functions to remediate or recover any 7 	 . 

release, spill, leak, discharge or disposal of any petroleum product or petroleum 

substance, the Department may waive the requirements of Section 513 of these 

rules. 

Section 513 of the air pollution rules says: 

The required degree of emission control of any regulated air pollutant shall not be 

affected by the amount of any 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 of Air 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 of Air 

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 of this 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~~trrJ; 

Paula J. tradwOhl 

Hearing Facilitator 

CERTIFICATE OF HEARING 


':,'1 D/,lE Bl'/fOR THe 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,y 2000 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 

1410 North Hilton. Boise. Dirk Kempthorne. Governor 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 of Air 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 of Ada 


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 
 iii f .. ~ Explres:.____~...I..f-y=~~Io...Soo"'-;'--.__ I ~OTAi( I~ \ i. !lit • .. 

· ~. . : *. -.- .* = • \ 0 .. _A. PlJBL\G!• 1 ·v-~. ..0 ",' e. • !II> 

-1)' ......... "f:.~ , !II> 


.~".. JJ 0 F \1) ",.... 


" 

""",,,,,,,,,,,' 
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. 58-01 01 ~ 

DATE 

Director Approval of Rulemaking Concept 

Approval Received from DFM/Govemor 

Legal Review of Proposed and/or Temporary Rule Docket and 

Rulemaking and Public Comment Summary (Rule Chart) 

BY1S r1tsl\ Director Approval of Proposed and/or Temporary Rule Docket 

and Rule Chart 

~CI 

'. 

Board Approval of Temporary Rule 

Legal Review of PendinglTemporary Rule Docket and Rule 

Chart 

Director Approval of PendinglTemporary Rule Docket and 

Rule Chart 

Board Approval of PendingIT emporary 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 of Air Pollution in Idaho Groups Involved: 

Agency Contact and Phone: Tim Teater. 373-0502 

Descriptive Summary: 

Subsection 210.16. Demonstration of Preconstruct jon 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 of the Rules for the Control of Air 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 of the Second Regular 

Session of the 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" 1and 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 of Air Pollution in Idaho 

Section Existing Rule Summary Temporary and/or Proposed 

Rule Summary 

Summary of Rule Changes 

Based on Public Comment 

Outstanding Issues 

210 Demonstration of Preconstruction 

Compliance with Toxic Standards. 

Subsection 210.16 

Environmental Remediation 

Source. 

Soil Vapor Extraction Rule. 

Resolves conflict between DEQ's 

petroleum remediation policy and 

Section 513 ofthe air quality 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 adopt the 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 

58.01.0 I - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO 

DOCKET NO. 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 of the Second 

Regular Session of the 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 

obtained by 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, contact Tim Teater at (208)373-0502, tteater@deq.state.id.us. 

Dated this day of _____, 2001. 

Paula J. Gradwohl 

Environmental Quality Section 

Attorney General's Office 

1410 N. Hilton 

Boise, Idaho 83706-1255 

(208)373-0418IFax No. (208)373-0481 

pgradwoh@deq.state.id.us 
~--

IDAHO ADMINISTRATIVE CODE IDAPA 58.01.01 - Rules for the 


Department of Environmental Quality Control ofAir Pollution in Idaho 


v. Except as otherwise provided by these rules, the Department shall prepare and issue to the owner or 

operator a fmal permit to construct or denial in accordance with Section 367. The owner or operator may construct the source after permit to construct issuance or in 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 of the request for an administrative 

amendment. (4-5-00) 

210. DEMONSTRATION OF PRECONSTRUCTION COMPLIANCE WITH TOXIC STANDARDS. 

In accordance with Subsection 203.03, the applicant shall demonstrate preconstruction compliance with Section 161 

to the satisfaction of the Department. The accuracy, completeness, execution and results of the demonstration are all 

subject to review and approval by the Department. (6-30-95) 

01. Identification Of Toxic 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 air pollutants emitted by the stationary source or modification. (6-30-95) 

02. Quantification Of Emission Rates. (6-30-95) 

a. The applicant may use standard scientific and engineering principles and practices to estimate the 

emission rate of any 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 refmed 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 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 without the effect 

ofany physical or operational limitations. (6-30-95) 

i. Examples of physical and operational design include but are not limited to: the amount of time 

equipment operates during batch operations and the quantity of raw materials utilized in a batch process. (6-30-95) 

ii. Examples of physical or operational limitations include but are not limited to: shortened hours of 

operation, use of control equipment, and restrictions on production which are less than design capacity. (6-30-95) 

c. The controlled 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 

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 of the 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 Of Ambient Concentrations. (6-30-95) 

a. The applicant may use the modeling methods provided in Subsection 202.02 to estimate the 

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ambient concentrations at specified receptor sites for any toxic air pollutant emitted from the point(s) of emission. 

(6-30-95) 

i. For screening modeling, the models use arbitrary meteorological data and predict maximum 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. For toxic air pollutants listed in Section 585, 

multiply the maximum hourly concentration output from the model by a persistence factor of four tenths (0.4) to 

convert the hourly concentration to a twenty-four (24) hour average. (6-30-95) 

ii. For refined modeling, the models use site specific information. Ifactual 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 air pollutants 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 of the toxic air pollutant ofall the receptor sites that are located either at or beyond the facility property 

boundary or at a point of public access; provided that, if the toxic air pollutant is listed in Section 586, the receptor 

site is not considered to be at a point of public access if the 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 or modification is estimated by modeling the 

uncontrolled emission rate. (6-30-95) 

d. The controlled ambient concentration of the 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 a toxic air pollutant 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 of the source or modification is estimated by using refined 

modeling and the T-RACf 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: Calculate the estimated decrease in ambient concentrations for each toxic air pollutant 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 air pollutant at the receptor site. (6-30-95) 

ii. Step 2: Calculate the total estimated decrease at the receptor by summing all of the individual 

estimated decreases calculated in Subsection 21 0.03.h.i. for that receptor. (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 air pollutant. (6-30-95) 

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05. Uncontrolled Emissions. (6-30-95) 

a. Compare the source's or modification's uncontrolled emissions rate for the toxic air pollutant to the 

applicable screening emission level listed in Sections 585 or 586. (6-30-95) 

b. If the 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 air pollutant as part of the 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. 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 procedwes for demonstrating 

pre construction compliance will be required for that toxic air pollutant as part of the application process. (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 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. 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 Ambient Concentration. (6-30-95) 

a. Compare the source's or modification's controlled 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) 

b. If the source's or modification's controlled 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) 

c. The Department shall include an emission limit for the toxic air pollutant in the permit to construct 

that is equal to or, ifrequested by the 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 (defmition of net emissions increase) and Sections 460 and 461, the owner or operator may net emissions to demonstrate preconstruction compliance. (4-5-00) 

b. Compare the modification's approved net emissions increase (expressed as an emission rate) for the 

toxic air pollutant 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 as part of the 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) 

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 of compliance for the 

toxic air pollutant 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 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) 

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. Ifthe source's or modification's approved offset 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 of the 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 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 of the toxic air pollutant that would contribute an ambient air 

cancer risk probability of less 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 of the 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 of the 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-RACT Detennination Processing. (6-30-95) 

a. The applicant may submit all information 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 determine if Subsection 210.12 may be applicable to the source or modification. (6-30-95) 

b. Notwithstanding Subsections 209.01.a. and 209.01.b., if the 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-RACT Determination. T-RACT shall be determined on a case-by-case basis by the Department as follows: (6-30-95) 

a. The applicant shall submit information to the Department identifying and documenting which 

control technologies or other requirements the applicant believes to be T-RACT. (5-1-94) 

b. The Department shall review the information submitted by the applicant and determine whether the 

applicant has proposed T-RACT. (5-1-94) 

c. The technological feasibility of a 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 and the production of solid 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 by the amount of 

emission reduction. (5-1-94) 

iii. The difference in costs between the particular source and other similar sources, if any, 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 of the options, or combination of options, will result in the lowest emission of toxic air pollutants, 

develop the emission standards constituting T-RACT and incorporate the emission standards into the permit to 

construct. (5-1-94 ) 

f. If the Department determines that the applicant has not proposed T-RACT, the Department shall 

disapprove the submittal. If the submittal is disapproved, the applicant may supplement its submittal or demonstrate 

preconstruction compliance through a different method provided 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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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 pre construction compliance. This 

method may be used for TAPs listed in Section 586 only and may be utilized in coIliUflction with standard methods 

for quantification of emission 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 "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, if the estimated ambient concentration at the point of impact 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 below the 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 of these rules, be considered the same as any other new or 

modified source of toxic air pollution. (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 of Section 513 of these rules. (3-15-02) 

17. Interpollutant Trading Ambient 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 

of compliance for the toxic air pollutant emitted by the source or modification to the applicable acceptable ambient 

concentration listed in Sections 585 or 586. (6-30-95) 

c. If the source's or modification's approved interpollutant ambient concentration at the point of 

compliance is less than or equal to the applicable acceptable ambient concentration listed in Sections 585 or 586, no 

further procedures for demonstrating preconstruct ion compliance will be required for that toxic air pollutant as part of 

the application process. (6-30-95) 

d. The Department shall include emission limits for all of the toxic air pollutants involved in the trade 

in the permit to construct. The Department shall also include other pennit tenns in the permit to construct that assure 

that the facility will be operated in the manner described in the preconstruct ion compliance demonstration. (6-30-95) 

18. InterpoDutant Trading Determination 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 may be applicable to the source or modification. (6-30-95) 

b. Notwithstanding Subsections 209.0I.a. and 209.0I.b., if the 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 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 

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reinitiated. 	 (6-30-95) 

19. Interpollutant Determination. 	 (6-30-95) 

a. The applicant may request an interpollutant trade ifthe Department detennines 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 operator has instituted all known and available methods ofpollution prevention at the 

facility to reduce, avoid or eliminate toxic air pollution 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 service being produced; and (6-30-95) 

iii. The owner or 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 ofthe Department. Approvals shall be granted only if: (6-30-95) 

i. 	 The Department of Health and Welfare's Division ofHealth approves the interpollutant trade; and 

(6-30-95) 

ii. The Department of Environmental Quality detennines that the interpollutant trade will result in a 

overall benefit to the environment; and (6-30-95) 

- lll. 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 b;V 

the Department and the Department of Health and Welfare's Division of Health is submitted for all of the 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 of the 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 air pollutant from the source or modification is 

regulated by the Department at the time ofpennit issuance under 40 CFR Part 60, 40 CFR Part 61 or 40 CFR Part 63, 

no further procedures for demonstrating preconstruction compliance will be required under Section 210 for that toxic 

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 at the time ofpennit issuance under 40 CFR Part 60, 40 CFR Part 61 or 40 CFR 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 be required under Section 210 for that toxic air 

pollutant as part of the 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 Of Other Sections. Except as specifically provided in other 

sections of these rules, the provisions of Section 210 are not to be utilized in the interpretation or implementation of 

any other section of these rules. (6-30-95) 

211. CONDITIONS FOR PERMITS TO CONSTRUCT. 

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 of a size, number, and location as the Department may require; (5-1-94) 

b. Safe access to each port; (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 may be deemed reasonably necessary. (5-1-94) 

02. Cancellation. The Department may cancel a permit to construct if the construction is not begun 

within two (2) years from the date ofissuance, or ifduring the construction, work is suspended for one (1) year. 

(5-1-94) 

03. Notification To The Department. Any owner or operator of a stationary source or facility subject 

to a permit to construct shall furnish the Department written notifications as follows: (5-1-94) 

a. A notification of the anticipated date of initial start-up of the stationary source or facility not more 

than sixty (60) days or less than thirty (30) days prior to such date; and (5-1-94) 

b. A notification ofthe actual date of initial 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 ofthe results ofsuch performance test. (5-1-94) 

a. Such test shall be at the expense of the owner or operator. (5-1-94) 

b. The Department may monitor such test and may also conduct performance tests. (5-1-94) 

c. The owner or operator of a stationary source or facility shall provide the Department fifteen (15) 

days prior notice of the performance test to afford the Department the opportunity to have an observer present. 

(5-1-94) 

212. OBLIGATION TO COMPLY. 

01. ResponsibiHty To Comply With AU Requirements. Receiving a permit to construct shall not 

relieve any owner or operator of the responsibility to comply with all applicable local, state and federal statutes, rules 

and regulations. (5-1-94) 

PageS7