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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 WA2 of 10 

### 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) s upports 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 a nd 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 Ida ho Administrative Procedures Act (IDAPA) 58.01.01.617 through 623 contain the open burni ng 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 (9 th Cir 2007). More background on Ninth Circuit Court of Ap peals 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 cr op 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.3 of 10 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 fiel ds 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 desi ring to burn crop residue must re gister 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 l east 12 hours prior to the burn, obtain final approval from the IDEQ the morning of th e 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 requiremen ts, 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 pe rmittee’s request to burn, the IDEQ must determine that ambient air quality leve ls 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 ne xt 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 expect ed 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 character istics, 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 notif y the public as provide d 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 rule s at IDAPA 58.01.01.617 through 623. More specifically, the July 13, 2011, SIP su bmittal 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 admini strative requirements unde r the existing rules for certain types of small burns (spot burns, br oken 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 PM10.4 of 10 revisions were made to streamline the admi nistrative 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 intere st in the development of this rule. Participants included growers desiring to burn crop residue, member s 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 th e 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 Bo ard 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 agricult ural residue burns and propane flaming, and revisions to IDAPA 58.01.01.617 through 623, whic h clarify existing disposal of crop residue provisions and update cro ss references to new IDAPA 58.01.01.624.

Spot burns and baled ag ricultural residue burns The new provisions for spot burns and ba led agricultural resi due burns in IDAPA 58.01.01.624 provide for the issuance of an annua l permit to cover spot burns and baled agricultural residue bu rns proposed by an applicant for a given calendar year. Under the prior rule, a separate approval was required fo r each and every individual spot or bale burn. The new rule still regulates these type s of burns but simplifies the administrative process. Specifically, under the revised rule, to apply fo r an annual permit to conduct spot burning and baled agricultural resi due burning, the applicant must provide registration information identifying the propos ed 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 appli cant’s registration inform ation, 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 app licable 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 bale d agricultural residue burns may not be conducted except on IDEQ-designated burn da ys, 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 deem ed to have a permit if the definition of propane flaming is met and the person complie s with all applicable provisions. Under the prior rule, a separate approval was require d for each and every burn using propane flaming. The new rule still regulates propane flaming but simplifies the administrative5 of 10 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 haza rds, 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-d esignated 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 c onsist 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 pr ovisions in the federally-appr oved SIP for Idaho may be revised provided the State meets the re quirements of CAA section 110. To address section 110, the EPA reviewed each changed prov ision in the crop residue disposal rules in its July 13, 2011, submittal to determine wh ether or not the changes would interfere with any applicable requirement concerning at tainment 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 cr oss-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 cr op 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 perm it to the requirements of IDAPA 58.01.01.624.

Analysis In light of the recommendation for appr oval of IDAPA 58.01.01.624 below, this change directing persons applying fo r a spot burn, baled agricultura l residue burn, or propane flaming permit to comply with the pr ovisions 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 resi due burn permit can be found in IDAPA

58.01.01.624.02.a.6 of 10 Analysis In light of the recommendation for ap proval of IDAPA 58.01.01.624.02.a. below, this clarification that registra tion and fee requirements for burning under a spot and baled agricultural residue bu rn 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 cr op 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 a dd the IDEQ’s website address.

Analysis The clarification of the IDEQ’s website addre ss 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 sec tion, IDAPA 58.01.01.624, for spot burn, baled agricultural residue bu rn, and propane flaming permits. A note explains what must occur administratively before burning under th is section can be conducted.

Analysis The section heading in IDAPA 58.01.01.624 crea tes 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 type s 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 resi due or two tons of p iled crop residue and excludes open burning of wind rows. The second type is a “baled ag ricultural residue burn,” which is defined as an open burn used to dispose of broken, mildewed, diseased,7 of 10 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 topsoi l of a cultivated fiel d of pre-emerged or plowed-under crop residue w ith less than five hundred fifty pounds of burnable, nongreen residue per acre in orde r to control diseases, insect s, pests and weed emergency.

Analysis Identification of the types of burns to which the provi sions 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 provision s do not expand the type of crop residue that can be burned under existing Federally approved rules and are necessary

for the determination of th e 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 applyi ng 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 appl icant information at least four teen 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 covere d 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 agricu ltural burn permit to

a cumulative total of no more than ten acres of spots and/or equiva lent piled or baled agricultural residue duri ng the year and no more than one ac re of spots and/or equivalent piled or baled agricultural resi due per day. The provision assu mes 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 ag ricultural residue burn permit to only the calendar year in

which it is issued.

Analysis The limitations in this provision are necessa ry for the IDEQ to estimate the maximum amount of emissions from each spot and ba led agricultural residue burning permit to incorporate into the burn approval crite ria in 58.01.01.621. The IDEQ does not expect8 of 10 this provision to have any e ffect on daily or annual emissi ons. 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 provi sions 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 cu ltivated 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 dise ases, insects, pests and weed emergency. Under the residue loading restric tion 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 PM 2.5 emissions per acre from propane flaming is about one eighth of the

PM 2.5 emissions per acre from typical crop re sidue burning. Given the limitations on the fields that qualify for propane flaming, th e 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 flami ng 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 ID APA 58.01.01.622 (covering ot her types of crop residue disposal burns). These include ha ving 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 provi ded 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 ID EQ (IDAPA 58.01.01.622.g.); complying with restrictions on allowable forms of op en burning for igni tion purposes (IDAPA 58.01.01.622.h.); complying with any additional permitting requirements from other authorities (IDAPA 58.01.01.622.i.); and conducti ng 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 5 8.01.01.624 does not cross-reference certain provisions in IDAPA 58.01.01 .622, specifically, IDAPA 58.01.01.622.a., b., e.,9 of 10 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-cro ss referenced provisions in IDAPA 58.01.01.622 that it appears the change s 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 elsewh ere 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 cons istent with existing IDAPA 58.01.01.621.02.c, which gives as an example of a special permit c ondition, 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 a nd surface wind speed is greater than twelve miles per hour or if the smoke is adversely im pacting or is expected to adversely impact an institution with a sensitive population.

Analysis This provision is similar to and consis tent with IDAPA 58.01.01.621.02.a, which gives as an example of a special permit condition, c onditions for burns near institutions with sensitive populations. IDAPA 58.01.01.624.04.b. further strengthens the current provisions regarding sensitive populations by sp ecifically describing the conditions under which burning under IDAPA 58.01.01.624 is prohibi ted. Approval of this new provision

is recommended.

IDAPA 58.01.01.624.04.c. This new provision prohibits burning unless th e IDEQ has designated that day a burn day (which for purposes of IDAPA 58.01.01.624 may in clude weekends and holidays) and it is conducted during the burn window on the IDEQ ’s website. The provision adds that spot and baled agriculture resi due 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 burni ng 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 curre ntly prohibited und er existing IDAPA10 of 10 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 add ition, lifting the weekend prohibi tion 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 dispersi on days which may potentially fall on a weekend or holiday. The prohibiti on 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 k eep 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 informa tion (e.g., date, time and amount burned) for

burns conducted under IDAPA 58.01.01.624. Becau se 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 ru le 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.