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State Implementation Plan (SIP) Revisions to 

Idaho’s Air Quality Control Regulations 58.01.01 

Technical Support Document 

 

January 2, 2013 

Prepared By Donna Deneen 

State and Tribal Air Programs Unit 

Office of Air, Waste and Toxics 

EPA Region 10, Seattle WA 
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State Implementation Plan (SIP) Revisions to Idaho’s Air Quality 

Control Regulations 58.01.01 - Technical Support Document 

Table of Contents

I. Purpose

II. Background of Crop Residue Disposal Rules in Idaho

III. Idaho’s July 13, 2011, SIP Submittal

A. Background 

B. Summary of Rule Changes 

C. Evaluation of Rule Changes 

IV. Recommended Action 

I. Purpose

This Technical Support Document (TSD) supports EPA’s action on State Implementation 

(SIP) revisions the Idaho Department of Environmental Quality (IDEQ) submitted to 

EPA Region 10 on July 13, 2011, for approval into the Idaho SIP. The submitted 

revisions relate to Idaho’s open burning and crop residue disposal requirements and 

would establish a streamlined permitting process for spot burns,1 baled agricultural 

residue burns,2 and propane flaming.3 This TSD describes the submitted revisions, 

evaluates how these revisions comply with EPA’s minimum requirements for SIPs, and 

explains the basis for EPA’s proposed action. 

II. Background of Crop Residue Disposal rules in Idaho

Idaho’s Federally-approved rules at Idaho Administrative Procedures Act (IDAPA) 

58.01.01.617 through 623 contain the open burning requirements for crop residue 

disposal in Idaho. These rules were approved by EPA on August 1, 2008, (73 FR 44915) 

and were submitted to EPA as a result of the Ninth Circuit Court of Appeals decision in 

Safe Air for Everyone v. USEPA, 475 F.3d 1096, amended 488 F.3d 1088 (9th Cir 2007). 

More background on Ninth Circuit Court of Appeals decision and the Federally approved 

requirements for crop residue disposal can be found in EPA’s proposed and final actions 

 

1

 A spot burn includes no more than one (1) acre of evenly distributed crop residue or two (2) tons of piled 

crop residue. The open burning of weed patches, spots of heavy residue, equipment plugs and dumps, pivot 

corners of fields, and pastures may constitute a spot burn. Spot burn does not include the open burning of 

wind rows. IDAPA 58.01.01.624.01.a. 

2

 A baled agricultural residue burn is an open burn used to dispose of broken, mildewed, diseased, or 

otherwise pest-ridden bales still in the field where they were generated. IDAPA 58.01.01.624.01.b. 3

 Propane flaming is the use of flame-generating equipment to briefly apply flame and/or heat to the topsoil 

of a cultivated field of pre-emerged or plowed-under crop residue with less than five hundred fifty pounds 

of burnable, non-green residue per acre in order to control diseases, insects, pests, and week emergence. 

IDAPA 58.01.01.624.01.c. 
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on the state’s 2008 SIP submittal. 73 FR 23155 (April 29, 2008) and 73 FR 44915 

(August 1, 2008). 

Idaho’s Federally-approved crop residue disposal rules at IDAPA 58.01.01.617 provide 

that the open burning of crop residue on fields where the crops were grown is an 

allowable form of open burning if conducted in accordance with the provisions at IDAPA 

58.01.01.618 through 623. The provisions at IDAPA 58.01.01.618 through 623 are 

described in EPA’s proposed action at 73 FR 23159 (April 29, 2008). In brief, these 

rules provide that a person desiring to burn crop residue must register at least thirty days 

in advance of the date of the proposed burn, pay a fee at least seven days prior to the 

burn, contact DEQ for initial approval at least 12 hours prior to the burn, obtain final 

approval from the IDEQ the morning of the burn, and submit a post-burn report to the 

IDEQ. In addition, all persons intending to dispose of crop residue through burning must 

abide by all of the general provisions in IDAPA 58.01.01.622 (covering such items as 

training requirements, reporting requirements, and certain limitations on burning). 

The burn criteria for the IDEQ to approve a request to burn are described in IDAPA 

58.01.01.621. Importantly, before approving a permittee’s request to burn, the IDEQ 

must determine that ambient air quality levels do not exceed seventy five percent of the 

level of any National Ambient Air Quality Standards (NAAQS) on any day and are not 

projected to exceed such level over the next 24 hours. In addition, the IDEQ must 

determine that ambient air quality levels have not reached, and are not forecasted to reach 

and persist at, eighty percent of the one hour action criteria for particulate matter under 

IDAPA 58.01.01.556.4

 Thus, the IDEQ will not approve a burn if these levels are 

expected to be exceeded as a result of the burn. In determining whether to approve the 

burn, the IDEQ must consider the expected emissions from the proposed burn, the 

proximity of the proposed burn to other burns, the moisture content of the fuels, the 

acreage, crop type and other fuel characteristics, existing and expected meteorological 

conditions, the proximity of the proposed burn to institutions with sensitive populations, 

public roadways, and airports, and other relevant factors. IDAPA 58.01.01.621.01. The 

IDEQ must also notify the public as provided in IDAPA 58.01.01.623. 

III. Idaho’s July 13, 2011, SIP Submittal

A. Background of Rule Changes 

The IDEQ’s SIP revision submitted on July 13, 2011, contains changes to the Federally 

approved crop residue disposal rules at IDAPA 58.01.01.617 through 623. More 

specifically, the July 13, 2011, SIP submittal revises IDAPA 58.01.01.617, 618, 620, 622, 

and 623, and adds a new section at IDAPA 58.01.01.624. The IDEQ submitted these 

revisions after determining that the administrative requirements under the existing rules 

for certain types of small burns (spot burns, broken bale burns and propane flaming) were 

unnecessarily burdensome. According to the July 13, 2011, SIP submittal, these 

 

4

 The current one hour action criteria under IDAPA 58.01.01.556 is an average of 80 ug/m3 for PM2.5 and 

an average of 385 ug/m3 for PM10. 
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revisions were made to streamline the administrative requirements for these types of 

small fuel loading and small acreage burns. 

In the July 13, 2011, submittal, the IDEQ described the process for making the rule 

changes and noted that the changes were drafted in conjunction with a negotiating 

committee made up of persons having an interest in the development of this rule. 

Participants included growers desiring to burn crop residue, members of the regulated 

community who may be subject to Idaho’s air quality rules, special interest groups, the 

Idaho State Department of Agriculture, tribes, public officials, and members of the public 

who have an interest in the regulation of air emissions. The IDEQ also explained that a change 

to the statute was necessary relating to the fee requirement for propane flaming. The resulting 

temporary rule was adopted by the IDEQ Board of Environmental Quality on April 25, 

2011. The state’s public hearing was held on July 7, 2011, and the state rule became 

effective on July 1, 2011. 

B. Summary of Rule Changes 

The rule changes in the July 13, 2011, SIP submittal include new IDAPA 58.01.01.624, 

which relates to spot burns, baled agricultural residue burns and propane flaming, and 

revisions to IDAPA 58.01.01.617 through 623, which clarify existing disposal of crop 

residue provisions and update cross references to new IDAPA 58.01.01.624. 

Spot burns and baled agricultural residue burns

The new provisions for spot burns and baled agricultural residue burns in IDAPA 

58.01.01.624 provide for the issuance of an annual permit to cover spot burns and baled 

agricultural residue burns proposed by an applicant for a given calendar year. Under the 

prior rule, a separate approval was required for each and every individual spot or bale 

burn. The new rule still regulates these types of burns but simplifies the administrative 

process. Specifically, under the revised rule, to apply for an annual permit to conduct 

spot burning and baled agricultural residue burning, the applicant must provide 

registration information identifying the proposed burn area and submit a fee. The permit 

issued by the IDEQ is valid for the calendar year in which it is issued, covers the 

proposed burn area identified in the applicant’s registration information, and is good for a 

cumulative total of no more than 1 acre per day and no more than 10 acres per year. The 

person intending to burn must meet all applicable permit provisions, including provisions 

relating to preventing travel hazards, protecting sensitive populations, and recordkeeping. 

Under IDAPA 58.01.01.624.04.c, spot burns and baled agricultural residue burns may not 

be conducted except on IDEQ-designated burn days, which for these types of burns may 

include weekends and holidays. 

Propane flaming

The new provisions for propane flaming in IDAPA 58.01.01.624 provide that a person 

intending to conduct propane flaming is deemed to have a permit if the definition of 

propane flaming is met and the person complies with all applicable provisions. Under the 

prior rule, a separate approval was required for each and every burn using propane 

flaming. The new rule still regulates propane flaming but simplifies the administrative 
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process by deeming persons conducting propane flaming to have a permit by rule if they 

comply with applicable provisions in IDAPA 624.04 and 624.05. The applicable 

provisions include general crop residue burn provisions in IDAPA 58.01.01.622 and 

provisions relating to preventing travel hazards, protecting sensitive populations, and 

recordkeeping in IDAPA 624.04 and .05. Under IDAPA 58.01.01.624.04.c., propane 

flaming may not be conducted except on IDEQ-designated burn days, which for this type 

of burn may include weekends and holidays. 

Revisions to IDAPA 58.01.01.117 through 623

The revisions to IDAPA 58.01.01.117 through 623 consist of minor changes that update 

cross references to new IDAPA 58.01.01.624 and clarify certain administrative 

provisions, including the website address and the IDEQ’s toll free number. 

C. Evaluation of Rule Changes 

The crop residue disposal provisions in the federally-approved SIP for Idaho may be 

revised provided the State meets the requirements of CAA section 110. To address 

section 110, the EPA reviewed each changed provision in the crop residue disposal rules 

in its July 13, 2011, submittal to determine whether or not the changes would interfere 

with any applicable requirement concerning attainment and reasonable further progress or 

any other applicable requirement of this Act. 

1. EPA’s Analysis of Rule Changes 

IDAPA 58.01.01.617 

This provision was changed to cross-reference new IDAPA 58.01.01.624. 

Analysis 

The cross-referencing of new IDAPA 58.01.01. 624 makes clear that there is a new 

section regulating the open burning of crop residue. This revised provision is 

recommended for approval. 

IDAPA 58.01.01.618 

This provision was changed to direct persons applying for a spot burn, baled agricultural 

residue burn, or propane flaming permit to the requirements of IDAPA 58.01.01.624. 

Analysis 

In light of the recommendation for approval of IDAPA 58.01.01.624 below, this change 

directing persons applying for a spot burn, baled agricultural residue burn, or propane 

flaming permit to comply with the provisions in IDAPA 58.01.01.624 is recommended 

for approval. 

IDAPA 58.01.01.620.01 

This provision was changed to clarify that registration and fee requirements for burning 

under a spot and baled agricultural residue burn permit can be found in IDAPA 

58.01.01.624.02.a. 
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Analysis 

In light of the recommendation for approval of IDAPA 58.01.01.624.02.a. below, this 

clarification that registration and fee requirements for burning under a spot and baled 

agricultural residue burn permit can be found in IDAPA 58.01.01.624.02.a. is 

recommended for approval. 

IDAPA 58.01.01.622.01.k. 

This new provision states that burning of crop residue is to be conducted in accordance 

with the specific conditions in the permittee’s permit by rule. 

Analysis 

This new provision clarifies that the conditions of a permit by rule must be met. This new 

provision is recommended for approval. 

IDAPA 58.01.01.623.02. 

This provision is changed to add the IDEQ’s website address. 

Analysis 

The clarification of the IDEQ’s website address will assist in implementation of the rules. 

This changed provision is recommended for approval. 

IDAPA 58.01.01.623.02.d. 

This provision is changed to add the IDEQ’s toll-free number to receive requests for 

information. 

Analysis

The clarification of the IDEQ’s toll-free number will assist in implementation of the 

rules. This changed provision is recommended for approval. 

IDAPA 58.01.01.624 

This heading creates a new section, IDAPA 58.01.01.624, for spot burn, baled 

agricultural residue burn, and propane flaming permits. A note explains what must occur 

administratively before burning under this section can be conducted. 

Analysis 

The section heading in IDAPA 58.01.01.624 creates a new section. The note under the 

heading is informational and does not affect emissions. This section heading and note is 

recommended for approval. 

IDAPA 58.01.01.624.01 

This new provision describes the burn types to which the provisions under IDAPA 

58.01.01.624 apply. The first type is a “spot burn,” which is defined to include no more 

than one acre of evenly distributed crop residue or two tons of piled crop residue and 

excludes open burning of wind rows. The second type is a “baled agricultural residue 

burn,” which is defined as an open burn used to dispose of broken, mildewed, diseased, 
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or otherwise pest-ridden bales still in the field where they were generated. The third type 

is “propane flaming,” which is defined as the use of flame-generating equipment to 

briefly apply flame and/or heat to the topsoil of a cultivated field of pre-emerged or 

plowed-under crop residue with less than five hundred fifty pounds of burnable, nongreen residue per acre in order to control diseases, insects, pests and weed emergency. 

Analysis 

Identification of the types of burns to which the provisions of IDAPA 58.01.01.624 apply 

is necessary for applicability determinations. The definitions for “spot burn,” “baled 

agricultural residue burn,” and “propane flaming” are further necessary for determining 

the applicability of IDAPA 58.01.01.624. Because all three types of burning, as defined 

in IDAPA 58.01.01.624.01, are types of burning already allowed under the existing 

Federally-approved crop residue disposal rule, these provisions do not expand the type of 

crop residue that can be burned under existing Federally approved rules and are necessary 

for the determination of the applicability of IDAPA 58.01.01.624. This new provision is 

recommended for approval. 

IDAPA 58.01.01.624.02.a 

This new provision requires a person applying for a spot burn or baled agricultural 

residue burn permit to pay a fee and provide registration information that includes the 

location of the property and applicant information at least fourteen days prior to the date 

the applicant proposes to conduct the first burn in the calendar year. 

Analysis 

The registration information to be submitted each calendar year is necessary in order to 

be considered by the IDEQ when making burn determinations under section 

58.01.01.621. From this information, DEQ will be able to estimate the maximum amount 

of emissions from the burns permitted and incorporate those emissions into the burn 

approval criteria. Because emissions covered by this section will continue to be 

incorporated into the burn approval criteria, this new provision is recommended for 

approval. 

IDAPA 58.01.01.624.02.b. 

This provision limits the acreage covered by a spot and baled agricultural burn permit to 

a cumulative total of no more than ten acres of spots and/or equivalent piled or baled 

agricultural residue during the year and no more than one acre of spots and/or equivalent 

piled or baled agricultural residue per day. The provision assumes that two tons of piled 

or baled agricultural reside is equivalent to one acre. This provision also limits the 

validity of a spot and baled agricultural residue burn permit to only the calendar year in 

which it is issued. 

Analysis 

The limitations in this provision are necessary for the IDEQ to estimate the maximum 

amount of emissions from each spot and baled agricultural residue burning permit to 

incorporate into the burn approval criteria in 58.01.01.621. The IDEQ does not expect 
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this provision to have any effect on daily or annual emissions. Approval of this provision 

is recommended. 

IDAPA 58. 01.01.624.03 

This provision waives registration and fees for propane flaming and deems that persons 

conducting propane flaming as defined under IDAPA 58.01.01.624.c. to have a permit by 

rule if they comply with the general provisions and recordkeeping provisions in IDAPA 

58.01.01.624.04 and .05. 

Analysis 

The definition of propane flaming in IDAPA 58.01.01.624.01.c. limits the pounds of 

residue per acre that may be flamed or heated to the topsoil of a cultivated field of preemerged or plowed-under crop residue with less than five hundred fifty pounds of 

burnable, non-green residue per acre in order to control diseases, insects, pests and weed 

emergency. Under the residue loading restriction in this definition, only certain fields 

qualify for propane flaming and those that do would emit far fewer emissions than a 

typical crop residue burn would emit for a similar size field. The IDEQ estimates that the 

maximum PM2.5 emissions per acre from propane flaming is about one eighth of the 

PM2.5 emissions per acre from typical crop residue burning. Given the limitations on the 

fields that qualify for propane flaming, the lower emissions associated with propane 

flaming, the fact that the daily burn day decisions and other requirements relating to 

preventing travel hazards, protecting sensitive populations, and recordkeeping under 

IDAPA 58.01.01.624.04 and .05 continue to apply to propane burning, the waiver of 

registration and fees for propane flaming in IDAPA 58.01.01.624.01.c are reasonable and 

appropriate. Approval of this provision is recommended. 

IDAPA 58.01.01.624.04 

This new provision requires persons intending to burn under IDAPA 58.01.01.624 abide 

by specified general provisions in IDAPA 58.01.01.622 (covering other types of crop 

residue disposal burns). These include having a portable form of communication while 

conducting burning (IDAPA 58.01.01.622.01.c.); conducting open burning of crop 

residue only in the field where it was generated (IDAPA 58.01.01.622.01.d.); attending a 

crop residue burning training session provided by the IDEQ or the Idaho State 

Department of Agriculture (IDAPA 58.01.01.622.01.f.); complying with all field burning 

prohibitions when issued by the IDEQ (IDAPA 58.01.01.622.g.); complying with 

restrictions on allowable forms of open burning for ignition purposes (IDAPA 

58.01.01.622.h.); complying with any additional permitting requirements from other 

authorities (IDAPA 58.01.01.622.i.); and conducting the open burning of crop residue in 

accordance with the specific conditions in the permittee’s permit by rule (IDAPA 

58.01.01.622.k.). 

Analysis 

This provision cross-references provisions that are existing requirements under the 

Federally-approved crop residue disposal rules and continue to apply to burns conducted 

under IDAPA 58.01.01.624. Although IDAPA 58.01.01.624 does not cross-reference 

certain provisions in IDAPA 58.01.01.622, specifically, IDAPA 58.01.01.622.a., b., e., 
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and j, the new provisions in IDAPA 58.01.01.624.04.b and c. and IDAPA 

58.01.01.624.05 are similar enough with the non-cross referenced provisions in IDAPA 

58.01.01.622 that it appears the changes would not interfere with applicable requirements 

concerning attainment. IDAPA 58.01.01.624.b and c and IDAPA 58.01.01.624.05 are 

analyzed and recommended for approval elsewhere in this TSD. Approval of IDAPA 

58.01.01.624.04 is recommended. 

IDAPA 58.01.01.624.04.a. 

This new provision establishes the permittee’s responsibility for ensuring that adequate 

measures are taken so that the burn does not create a hazard for travel on a public 

roadway. 

Analysis 

This provision is similar to and consistent with existing IDAPA 58.01.01.621.02.c, which 

gives as an example of a special permit condition, conditions to ensure the burn does not 

create a hazard for travel on a public roadway. Approval of this new provision is 

recommended. 

IDAPA 58.01.01.624.04.b. 

This new provision prohibits burning if the proposed burn location is within three miles 

of an institution with a sensitive population and surface wind speed is greater than twelve 

miles per hour or if the smoke is adversely impacting or is expected to adversely impact 

an institution with a sensitive population. 

Analysis 

This provision is similar to and consistent with IDAPA 58.01.01.621.02.a, which gives as 

an example of a special permit condition, conditions for burns near institutions with 

sensitive populations. IDAPA 58.01.01.624.04.b. further strengthens the current 

provisions regarding sensitive populations by specifically describing the conditions under 

which burning under IDAPA 58.01.01.624 is prohibited. Approval of this new provision 

is recommended. 

IDAPA 58.01.01.624.04.c. 

This new provision prohibits burning unless the IDEQ has designated that day a burn day 

(which for purposes of IDAPA 58.01.01.624 may include weekends and holidays) and it 

is conducted during the burn window on the IDEQ’s website. The provision adds that 

spot and baled agriculture residue burns shall not smolder and create smoke outside of the 

designated burn period. 

Analysis 

IDAPA 58.01.01.624.04.c. is similar to and consistent with existing IDAPA 

58.01.01.622.01.b, which prohibits crop residue burning except on designated burn days 

and during the burn window on the IDEQ’s website for other types of burning. IDAPA 

58.01.01.624.04.c. also expands the potential burn days for spot and baled agricultural 

residue and propane flaming to include weekends or holidays. Although crop residue 

burning on weekends or holidays is currently prohibited under existing IDAPA 
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58.01.01.622.a., any increase in emissions that may occur on weekends or holidays due to 

spot burning, baled agricultural residue burns, or propane flaming will not interfere with 

attainment of the NAAQS because the burn determination criteria in IDAPA 

58.01.01.621 still prohibits burning on days when a NAAQS exceedance may occur 

would still apply. In addition, lifting the weekend prohibition on burning for spot and 

baled agricultural residue and propane flaming may help to reduce pollutant levels on 

other days of the week because some burning will no longer occur on week days. The 

change allows the state to take advantage of good dispersion days which may potentially 

fall on a weekend or holiday. The prohibition on smoldering and smoke from spot and 

baled agriculture residue burn further limits emissions from these types of burns. For 

these reasons, approval of this new provision is recommended. 

IDAPA 58.01.01.624.05 

This new provision requires permittees to keep records about the burn, including the date, 

time frame, type of burn, type of crop, and amount burned on the date of the burn, and 

requires these records to be retained for two years and made available to the IDEQ upon 

request. 

Analysis 

This recordkeeping requirement is similar to and consistent with the existing Federallyapproved reporting requirements in IDAPA 58.01.01.j. This provision ensures that the 

IDEQ continues to have access to information (e.g., date, time and amount burned) for 

burns conducted under IDAPA 58.01.01.624. Because this requirement will, among 

other things, assist the IDEQ with preparing its annual report under IDAPA 

58.01.01.622.02, approval of this new provision is recommended. 

2. Conclusion 

Based on EPA’s evaluation of the July 13, 2011, SIP submittal, the burn determination 

provisions in IDAPA 58.01.01.621, and the IDEQ’s analysis of its rule changes in the 

July 13, 2011, SIP submittal, we conclude that Idaho’s SIP revision submitted on July 13, 

2011, meets the requirements of Clean Air Act section 110. 

IV. Recommended Action

Consistent with the above discussion and analysis of revised IDAPA 58.01.01.617, 618, 

620, 622, and 623 and new IDAPA 58.01.01.624, approval of the July 13, 2011, SIP 

revision is recommended.