RECEIVED 

STATE OF IDAHO 

DEPARTMENT OF APR 05 2004 

ENVIRONMENTAL QUALITY 

OFFICE OF THE EXECUTIVE 

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

C. Stephen Allred, Director 

April 2, 2004 

John Iani 


Regional Administrator 


U.S. EPA, Region 10 


1200 Sixth Avenue 


Seattle, W A 98101 


Re: State Implementation Plan Rule Revisions 

Dear Mr. Iani: 

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, 


IDAP A 58.01.01. DEQ is seeking Environmental Protection Agency (EPA) approval of these 


revisions as an update to the contents ofthe Idaho State Implementation Plan (SIP), 40 CFR, Part 


52, Subpart N. These revisions to the state rules were promulgated pursuant to the 


Environmental Protection and Health Act, Idaho Code, Sections 39-101 through 39-130. Review 


and approval by a Deputy Attorney General assigned to DEQ was obtained at appropriate times 


throughout the rulemaking process. The adoption was made in accordance with the requirements 


of the federal Clean Air Act and applicable federal regulations. None of the revisions included in 


this submittal reflect a reduction in emission limits. Following is a description of the rule 


changes made under IDAPA Rulemaking Docket 58-0101-0301: 


IDAPA 58.01.01.008.11 - Definitions for the Purposes of Sections 300 through 386 


and 


IDAP A 58.01.01.107 - Incorporations by Reference (2003) 


These revisions update citations to the federal regulations incorporated by reference 


as ofJuly 1,2003. The Board ofEnvironmental Quality adopted the revisions on 


October 22,2003. The 2004 Idaho Legislature approved the revisions effective 


March 20, 2004. 


The following rule changes were submitted to you for inclusion in the Idaho SIP on May 22, 


2003 and are awaiting your approval: 


Docket 58-0101-0102 - Soil Vapor Extraction 

Docket 58-0101-0103 - (a) HospitallMedicaliInfectious Waste Incin~rator£: and 

(b) Annual Incorporation by Reference (2001) , 


Docket 58-0101-0002 - Nonmetallic Mineral Processing 


Docket 58-0101-0202 (a) Permitting Clarification, and (b) Annual Incorporation by 


Reference (2002) 
John lani, USEP A 

April 2, 2004 

Page 2 

If you or your staff has questions concerning any ofthese rules, please contact me at 208-373­

0240. My staffis available to provide assistance to ensure Idaho's SIP is updated as soon as 

possible. 

CSA:ph:pah 

Enclosures 

c: 	 Martin Bauer, DEQ 

Pat Nair, DEQ 

Robert Wilkosz, DEQ 

Lisa Kronberg, DEQ Deputy Attorney General 

Phyllis Heitman, DEQ 

SIP Submittals File 

Reading File 
STATE OF IDAHO 

DEPARTMENT OF 

ENVIRONMENTAL QUALITY 

1410 North Hilton· Boise, Idaho 83706-1255· (208-)3-73--0-50-2.-------.------~---- -- ---.--. ----;r~-Ke-m-Pt-ho-me-,-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 2nd day of April, 2004. 

IDAPA 58 - DEPARTMENT OF ENVIRONMENTAL QUALITY 

58.01.01 • RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO 

DOCKET NO. 58-0101·0301 

NOTICE OF RULEMAKING • PROPOSED RULE 

AUTHORITY: In compliance with Section 67-5221(1), Idaho Code, notice is hereby given that this agency has 

proposed rulemaking. The action is authorized by Sections 39-105 and 39-107, Idaho Code. This rulemaking updates 

citations to the federal regulations incorporated by reference as mandated by the U.S. Environmental Protection 

Agency (EPA) for approval ofthe state's Title V Operating Permit Program pursuant to 40 CFR Part 70 and fulfilling 

the requirements of Idaho's delegation agreement with EPA under Section 112(1) of the Clean Air Act. 

PUBLIC HEARING SCHEDULE: A public hearing concerning this proposed rulemaking will be held as follows: 

September 8, 2003, 5:15 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. 

DESCRIYTIVE SUMMARY: The Rules for Control of Air Pollution in Idaho are updated annually in order to 

maintain conformance with EPA's regulations as well as fulfilling the requirements of Idaho's delegation agreement 

with EPA under Section 112(1) of the Clean Air Act and 40 CFR Part 70. This proposed rule updates citations to 

federal regulations incorporated by reference to include those revised as of July 1,2003. This update includes the 

Maximum Achievable Control Technology (MACT) Standards promulgated as National Emissions Standards for 

Hazardous Air Pollutants (NESHAPS). Access to federal regulations is no longer available at the physical address for 

the U.S. Government Bookstore as provided in Subsection 107.02; however, the web site address for obtaining 

federal regulations on line has been added. 

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 of public comments, DEQ intends to present the final proposal to the Board of Environmental 

Quality in the fall of 2003 for adoption of a pending rule. The rule is expected to be final and effective upon the 

conclusion ofthe 2004 session of the Idaho Legislature if approved by the Legislature. 

SECTION 39-107D, IDAHO CODE, STATEMENT: This proposed rule does not regulate an activity not regulated 

by the federal government, nor is it broader in scope or more stringent than federal regulations. 

NEGOTIATED RULEMAKING: Due to the nature ofthis rulemaking, negotiations were not held. 

GENERAL INFORMATION: For more information about DEQ's programs and activities, visit DEQ's web site at 

www.deq.statejd.us. 

ASSISTANCE ON TECHNICAL QUESTIONS AND SUBMISSION OF WRITTEN COMMENTS: For 

assistance on technical questions concerning this rulemaking, contact Phyllis Heitman at (208) 373-0502 or 

pheitman@deq.state.id.us. 

Anyone may submit written comments by mail, fax or e-mail at the address below regarding this proposed rule. DEQ 

will consider all written comments received by the undersigned on or before September 9, 2003. 

DATED this 25th day of June, 2003. 

IDAHO ADMINISTRATIVE BULLETIN Page 124 August 6, 2003 - Vol. 03-8 
r..-..­

DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58·0101·0301 


Rules for the Control ofAir Pollution in Idaho Proposed Ru/emaking 


Paula J. Gradwohl 

Environmental Quality Section 

Attorney General's Office 

1410 N. Hilton 

Boise, Idaho 83706-1255 

(208)373-0418/Fax No. (208)373-0481 

pgradwoh@deq.state.id.us 

THE FOLLOWING IS THE TEXT OF DOCKET NO. 58-0101-0301 

008. DEFINITIONS FOR THE PURPOSES OF SECTIONS 300 THROUGH 386. 

01. Affected States. All States: 	 (5-1-94) 

a. Whose air quality may be affected by the emissions of the Tier I source and that are contiguous to 

Idaho; or (5-1-94) 

b. That are within fifty (50) miles of the Tier I source. 	 (5-1-94) 

02. Allowance. An authorization allocated to a Phase II source by the EPA to emit during or after a 

specified calendar year, one (l) ton ofsulfur dioxide. (5-1-94) 

03. Applicable Requirement. All of the following if approved or promulgated by EPA as they apply 

to emissions units in a Tier I source (including requirements that have been promulgated through rulemaking at the 

time of permit issuance but which have future-effective compliance dates): (5-1-94) 

a. Any standard or other requirement provided for in the applicable state implementation plan, 

including any revisions to that plan that are specified in 40 CFR Parts 52.670 through 52.690. (5-1-94) 

b. Any term or condition of any permits to construct issued by the Department pursuant to Sections 

200 through 223 or by EPA pursuant to 42 U.S.C. Sections 7401 through 7515; provided that terms or conditions 

relevant only to toxic air pollutants are not applicable requirements. (4-5-00) 

c. 	 Any standard or other requirement under 42 U.s.C. Section 7411 including 40 CFR Part 60; 

(5-1-94) 

d. Any standard or other requirement under 42 U.S.C. Section 7412 including 40 CFR Part 61 and 40 

CFR Part 63; (5-1-94) 

e. Any standard or other requirement of the acid min program under 42 U.S.C. Sections 7651 through 

76510; (5-1-94) 

f. Any requirements established pursuant to 42 U.S.C. Section 7414(a)(3), 42 U.S.C. Section 

766lc(b) or Sections 120 through 128 ofthese rules; (3-23-98) 

g. Any standard or other requirement governing solid waste incineration, under 42 U.S.C. Section 

7429; (5-1-94) 

h. Any standard or other requirement for consumer and commercial products and tank vessels, under 

42 U.S.C. Sections 7511b(e) and (f); and (5-1-94) 

IDAHO ADMINISTRATIVE BULLETIN Page 125 	 August 6, 2003 - Vol. 03-8 
DEPARTMENT OF ENVIRONMENTAL QUALITY . Docket No. 58-0101..tJ301 


Rules for the Control ofAir Pollution in Idaho Proposed Rulemaking 


i. Any standard or other requirement under 42 U.S.C. Sections 7671 through 767lq including 40 CFR 

Part 82. (5-1-94) 

j. Any ambient air quality standard or increment or visibility requirement provided in 42 U.S.C. 

Sections 7470 through 7492, but only as applied to temporary sources receiving Tier I operating permits under 

Section 324. (5-1-94) 

04. Designated Representative. A responsible person or official authorized by the owner or operator 

of a Phase II unit to represent the owner or operator in matters pertaining to the holding, transfer, or disposition of 

allowances allocated to a Phase II unit, and the submission of and compliance with permits, permit applications, and 

compliance plans for the Phase II unit. (5-1-94) 

05. Draft Permit. The version ofa Tier I operating permit that is made available by the Department for 

public participation and affected State review. (5-1-94) 

06. Emergency. For the purposes of Section 332, an emergency is any situation arising from sudden 

and reasonably unforeseeable events beyond the control of the owner or operator, including acts of God, which 

situation requires immediate corrective action to restore normal operation and that causes the Tier I source to exceed 

a technology-based emission limitation under the Tier I operating permit due to unavoidable increases in emissions 

attributable to the emergency. An emergency shall not include noncompliance to the extent caused by improperly 

designed equipment, lack of preventative maintenance, careless or improper operation, or operator error. (4-5-00) 

07. Final Permit. The version of a Tier I permit issued by the Department that has completed all 

review procedures required in Sections 364 and 366. (5-1-94) 

08. General Permit. A Tier I permit issued pursuant to Section 335. (3-23-98) 

09. Insignificant Activity. Those activities that qualify as insignificant in accordance with Section 

317. (3-23-98) 

10. Major Facility. A facility (as defined in Section 006) is major if the facility meets any of the 

following criteria: (3-23-98) 

a. For hazardous air pollutants: (3-23-98) 

1. The facility emits or has the potential to emit ten (10) tons per year (tpy) or more of any hazardous 

air pollutant, other than radionuclides, which has been listed pursuant to 42 U.S.C. Section 7412(b); provided that 

emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from any 

oil or gas pipeline compressor or pump station shall not be aggregated with emissions from other similar emission 

units within the facility. (5-1-94) 

ii. The facility emits or has the potential to emit twenty-five (25) tpy or more of any combination of 

any hazardous air pollutants, other than radionuclides, which have been listed pursuant to 42 U.S.C. 7412(b); 

provided that emissions from any oil or gas exploration or production well (with its associated equipment) and 

emissions from any oil or gas pipeline compressor or pump station shall not be aggregated with emissions from other 

similar emission units within the facility. (5-1-94) 

b. For non-attainment areas: (3-23-98) 

i. The facility is located in a "serious" particulate matter (PM-I 0) nonattainment area and the facility 

has the potential to emit seventy (70) tpy or more ofPM-} O. (5-1-94) 

ii. The facility is located in a "serious" carbon monoxide non attainment area in which stationary 

sources are significant contributors to carbon monoxide levels and the facility has the potential to emit fifty (50)' tpy 

or more of carbon monoxide. (5-1-94) 

IDAHO ADMINISTRATIVE BULLETIN Page 126 August 6,2003 - Vol. 03-8 
-- DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0301 


Rules for the Control ofAir Pollution in Idaho Proposed Rulemaklng 


m. The facility is located in an ozone transport region established pursuant to 42 U .S.C. Section 7511 c 

and the facility has the potential to emit fifty (50) tpy or more ofvolatile organic compounds. (5-1-94) 

iv. The facility is located in an ozone nonattainment area and, depending upon the classification of the 

nonattainment area, the facility has the potential to emit the following amounts of volatile organic compounds or 

oxides of nitrogen; provided that oxides of nitrogen shall not be included if the facility has been identified in 

accordance with 42 U.S.C. Section 741la(t)(I) or (2) ifthe area is "marginal" or "moderate", one hundred (100) tpy 

or more, if the area is "serious", fifty (50) tpy or more, if the area is "severe", twenty-five (25) tpy or more, and if the 

area is "extreme", ten (10) tpy or more. (3-23-98) 

c. The facility emits or has the potential to emit one hundred (100) tons per year or more of any 

regulated air pollutant listed in Subsections 006.84.a. through 006.84.e. The fugitive emissions shall not be 

considered in determining whether the facility is major unless the facility belongs to one (1) of the following 

categories: (4-5-00) 

1. Designated facilities. (3-23-98) 

ii. All other source categories regulated by 40 CFR Part 60, 40 CFR Part 61 or 40 CFR Part 63, but 

only with respect to those air pollutants that have been regulated for that category and only if determined by rule by 

the Administrator ofEPA pursuant to Section 3020) of the Clean Air Act. (4-5-00) 

11. Part 70. Unless specified otherwise in this chapter, all defmitions adopted under 40 CFR Part 70, 

revised as of July 1, 200:.?,l, are hereby incorporated by reference. ~ 

12. Permit Revision. Any permit modification, administrative amendment or reopening. (3-19-99) 

13. Phase II Source. A source that is subject to emissions reduction requirements of42 U.S.C. Section 

7651 through 76510 and shall have the meaning given to it pursuant to those sections. (5-1-94) 

14. Phase II Unit. A unit that is subject to emissions reduction requirements of 42 U.S.C. Sections 

7651 through 76510 and the term shall have the meaning given to it pursuant to those sections. (5-1-94) 

15. Proposed Permit. The version of a permit that the Department proposes to issue and forwards to 

the EPA for review. (5-1-94) 

16. Section 502(b)(10) Changes. Changes that contravene an express permit term. Such changes do 

not include changes that would violate applicable requirements or contravene federally enforceable permit terms and 

conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification 

requirements. (3-19-99) 

17. Tier I Operating Permit. Any permit covering a Tier I source that is issued, renewed, amended, or 

revised pursuant to Sections 300 through 386. (3-19-99) 

(BREAK IN CONTINUITY OF SECTIONS) 

107. INCORPORATIONS BY REFERENCE. 

01. General. Unless expressly provided otherwise, any reference in these rules to any document 

identified in Subsection 107.03 shall constitute the full incorporation into these rules of that document for the 

purposes of the reference, including any notes and appendices therein. The term "documents" includes codes, 

standards or rules which have been adopted by an agency of the state or of the United States or by any nationally 

recognized organization or association. (5-1-94) 

02. Availability Of Referenced Material. Copies of the documents incorporated by reference into 

iDAHO ADMINISTRATIVE BULLETIN Page 127 August 6, 2003 - Vol. 03-8 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58·0101·0301 


Rules for the Control ofAir Pollution in Idaho Proposed Rulemaking 


these rules are available at the following locations: 	 (5·1-94) 

a. All federal publications: 8f>tfJfflntendcnt of DeefH/tents, u.s. Government Printing Office, 

W-ashingffln, D.C. 2(U{}2 8t (292) 783 3238 http://www.gpoaccess.eov/index.html; and ~ 

b. All documents herein incorporated by reference: 	 (7-1-97) 

i. Department of Environmental Quality, 1410 N. Hilton, Boise, Idaho 83706-1255 at (208) 373­

0502. (7-1-97) 

ii. 	 State Law Library, 451 W. State Street, P.O. Box 83720, Boise, Idaho 83720-0051, (208) 334-3316. 

(7-1-97) 

03. Documents Incorporated By Reference. The following docwnents are incorporated by reference 

into these rules: (5-1-94) 

a. Requirements for Preparation, Adoption, and Submittal of Implementation Plans; Appendix W to 

Part 51--Guideline on Air Quality Models. 40 CFR Parts 51 and 52 revised as of July 1, 20O:J.3.. ~ 

b. Implementation Plan for the Control of Air Pollution in the State of Idaho (SIP), Department of 

Environmental Quality, November 1996. (3-19-99) 

c. National Primary and Secondary Ambient Air Quality Standards, 40 CFR Part 50, revised as of 

July 1, 20O:J.3.. ~ 

- d. Requirements for Preparation, Adoption, and Submittal of Implementation Plans, Protection of 

Visibility, 

e. 

Identification 

Approval 

of Integral 

and Promulgation 

Vistas, Subsection 

of Implementation 

a, 40 CFR Part 

Plans, 

51.304(a), 

40 CFR 

revised 

Part 52, 

as 

revised 

of July 

as 

1, 

of

20O:J.3.. 

~ 

~ 

July I, 20O:J.3.. 

f. Ambient Air Monitoring Reference and Equiva1ent Methods, 40 CFR Part 53, revised as of July 1, 

20O:J.3.. ~ 

g. Ambient Air Quality Surveillance, Quality Assurance Requirements for Prevention of Significant 

Deterioration (pSD Air Monitoring), 40 CFR Part 58, Appendix B, revised as of July 1, 20O:J.3.. ~ 

h. Standards ofPerformance for New Stationary Sources, 40 CFR Part 60, revised as of

~ 

July 1, 20O:J.3.. 

i. National Emission Standards for Hazardous Air Pollutants, 40 CFR Part 61, revised as of July 1, 

20O:J.3.. (5 3 (3)L-.) 

j. National Emission Standards for Hazardous Air Pollutants for Source Categories, 40 CFR Part 63, 

revised as of July 1, 200:J.3.. (5 3 (3)L-.) 

k. Compliance Assurance Monitoring, 40 CFR Part 64, revised as ofJuly 1, 20O:J.3.. ~ 

J. Permits, 40 CPR Part 72, revised as ofJuly 1, 200:J.3.. 	 (5 3 (3)L-.) 

m. Sulfur Dioxide Allowance System, 40 CFR Part 73, revised as ofJuly 1, 20O:JJ.. ~ 

n. Protection of Stratospheric Ozone, 40 CFR Part 82, revised as of July 1, 200:J.3.. ~ 

o. Clean Air Act, 42 U.S.C. Sections 7401 through 7671g (1997). 	 (3-19-99) 

IDAHO ADMINISTRATIVE BULLETIN Page 128 	 August 6, 2003 - Vol. 03-8 
--

.­

DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58·0101-0301 

Rules for the Control of Air Pollution in Idaho Proposed Rulemaklng 

p. Determining Conformity of Federal Actions to State or Federal Implementation Plans: Conformity 

to State or Federal Implementation Plans of Transportation Plans, Programs and Projects Developed, Funded or 

Approved Under Title 23 U.S.C. or the Federal Transit Laws, 40 CFR Part 93, Subpart A, Sections 93.100 through 

93.129, revised as of July I, 2~.J., except that Sections 93.102(c), 93.l04(d), 93.104(e)(2), 93.105, 93.109(c)-(f), 

93.118(e), 93.119(f)(3), 93.120(a)(2), 93.121(a)(I), and 93.124(b) are expressly omitted from the incorporation by 

reference. ~ 

IDAHO ADMINISTRATIVE BULLETIN Page 129 August 6, 2003 - Vol. 03-8 
c 

c 

LEGAL NOTICE 


Summary of Proposed Rulemakings 


PUBLIC NOTICE OF INTENT 


TO PROPOSE OR PROMULGATE 


NEW OR CHANGED AGENCY RULES 


The following agencies of the state of Idaho have published the complete text and all related, pertinent information 

concerning their intent to change or make the following rules in the new issue ofthe state Administrative Bulletin. 

IDAPA 02 - DEPARTMENT OF AGRICULTURE 

PO Box 790, Boise, ID 83701 

02-0104-0301, Rules Governing the Idaho Preferred Promotion Program. Establishes voluntary promotion 

program requirements for use of the Idaho PreferredTM logo, defines eligible products, application procedures and 

participation fees for promotion ofIdaho food and agricultural products. Comment by: 8/27/03. 

IDAPA 04 - OFFICE OF THE ATTORNEY GENERAL 

P.O. Box 83720, Boise, ID 83720-0010 

04·2001-0301, Rules Implementing the Idaho Tobacco Master Settlement Agreement Complementary Act. Rules 

are being adopted to enforce the Act. Comment by: 8/28/03. 

IDAPA 07 - DIVISION OF BmLDING SAFETY 


1090 E. Watertower St., Meridian, ID 83642 


07.0201-0301, Rules Governing Repeal ofExisting Plumbing Permit Rules. Repeal of chapter. Comment by: 8/27/ 


03. 

07·0207·0301, Rules Governing Readoption ofRules ofPlumbing Division. Repeal of chapter. Comment by: 8/271 

03. 

IDAPA 08 - IDAHO STATE BOARD OF EDUCATION 

P.O. Box 83720, Boise, ID 83720-0027 

08-0202·0301, Rules Governing Uniformity. Changes relate to new school bus construction standards, operations 

and bus purchasing programs. Comment by: 8/28/03. 

IDAPA 10 - IDAHO BOARD OF REGISTRATION OF PROFESSIONAL 

ENGINEERS AND PROFESSIONAL LAND SURVEYORS 

600 S. Orchard, Suite A, Boise, ID 83705-1242 

10·0101·0301, Rules of Procedure. Clarifies the courses a technology or related science graduate or a comity 

applicant must complete to be the equivalent of an engineering graduate; would allow a failing candidate access to a 

diagnostic analysis of his performance if it is available to the Board; clarifies that Board will proctor an exam for a 

candidate from another jurisdiction if that candidate would qualify for assignment to the exam in Idaho; and 

recognizes the educational equivalency for a graduate of a program recognized in the Washington Accord or by 

ABET. Comment by: 8/27/03. 

10-0102·0301, Rules ofProfessional Responsibility. Requires that license holders keep clients reasonably informed 

about pertinent matters by providing all necessary information and that they exercise independent professional 

judgment and render candid advice. Comment by: 8/27/03. 

lDAHO ADMINISTRATIVE BULLETIN Page 174 August 6, 2003 - Vol. 03-8 
, IDAHO ADMINISTRATIVE BULLETIN Summary ofProposed Ru/emakings 

IDAPA 16 - DEPARTMENT OF HEALTH AND WELFARE 

PO Box 83720, Boise, ID 83720-0036 

16.02.19, Food Safety and Sanitation Standards for Food Establishments. 

16-0219-0301- Repeal of chapter. 16-0219-0302 - Chapter rewrite sets standards to be more consistent with other 

states on food safety; incorporates by reference the federal 2001 Food Code. Comment by: 8/27/03. 

16-0301-0301, Rules Governing Eligibility for Medicaidfor Families and Children. Clarifies and extends eligibility 

for citizens and qualified non-citizens in compliance with federal law; and clarifies that individuals not meeting the 

citizenship or qualified non-citizen requirements, when all other conditions are met, may be eligible for medical 

services. Comment by: 8/27/03. 

16-0305-0301, Rules Governing Eligibility for Aid to the Aged, Blind and Disabled. Clarifies and extend eligibility 

for aid to qualified non-citizens in compliance with federal law. Comment by: 8/27/03. 

16-0308-0301, Rules Governing Temporary Assistance for Families in Idaho. Clarifies and extends eligibility for 

assistance for citizens and qualified non-citizens in compliance with federal law; and c1arifies that individuals not 

meeting the citizenship or qualified non-citizen requirements, when all other conditions are met, may be eligible for 

medical services. Comment by: 8/27/03. 

16.03.09, Rules Governing the Medical Assistance Program. 

16-0309-0303 - Provides guidelines for a Pharmacy and Therapeutics Committee and supplemental drug rebates. 

16-0309-0304 - Changes comply with legislative intent language by removing requirement that adult clients must be 

considered high risk: or in need of emergency dental services for Medicaid dental coverage. 

16-0309-0305 Deletes a level of care scoring system on supervision that is not consistent with the Uniform 

Assessment Instrument that is currently being used and assure services are appropriate to the individual's need. 

Comment by: 8/27/03. 

16-0310-0302, Rules Governing Medicaid Provider Reimbursement in Idaho. Changes give Department the ability 

to adjust the interim rate used by the Idaho Medicaid program to calculate the reimbursement amount to a hospital. 

Comment by: 8/27/03. 

16-0320-0301, Rules Governing Electronic Payments of Public Assistance, Food Stamps, and Child Support. 

Changes comply with the federal 2000 Food and Nutrition Service regulations; and authorizes the Department to 

adjust a Food Stamp account to correct an auditable, out-of-balance settlement condition that occurs as a result of a 

system error. Comment by: 8/27/03. 

IDAPA 18- DEPARTMENT OF INSURANCE 

PO Box 83720, Boise, ID 83720-0043 

18-0115-0301, Fingerprinting of Agents, Solicitors and Brokers. Eliminates language requiring fingerprint 

background checks on all producer license applicants to allow the Director to discontinue fingerprint background 

checks on nonresident producers who have met the licensing requirements of their home state thereby removing a 

possible obstacle to reciprocity for Idaho residents; removes requirement that a law enforcement agency take 

fingerprints and removes obsolete references to agents, brokers and solicitors. Comment by: 8/27103. 

IDAPA 39 - IDAHO TRANSPORTATION DEPARTMENT 

PO Box 7129, Boise ID 83707-1129 

39-0322-0301, Rules Governing Overlegal Permits for Extra-Length Vehicle Combinations. Increases the 

maximum vehicle length overall to 115 feet; clarifies that all permitted Longer Combination Vehicles (except triples 

combinations) are required to have the off-track form completed as part ofthe permitting requirements; and clarifies 

operating and reporting requirements for vehicles participating in the pilot project. Comment by: 8/27/03. 

c 

IDAHO ADMINISTRATIVE BULLETIN Page 175 August 6, 2003 - Vol. 03-8 
c 

, IDAHO ADMINISTRATIVE BULLETIN Summary ofProposed Rulemaklngs 

39-0346-0301, Rules Governing Studded Tires. Repeal of chapter. Comment by: 8/27/03. 

IDAPA 58 - DEPARTMENT OF ENVIRONMENTAL QUALITY 

1410 N. Hilton, Boise, ID 83706-1255 

58·0101-0301, Rules/or the Control 0/Air Pollution in Idaho. Updates citations to federal regulations incorporated 

by reference to include those revised as of July I, 2003 in accordance with the Clean Air. Comment by: 8127/03. 

58.0102·0301, Water Quality Standards and Wastewater Treatment Requirements. Changes meet federal 

requirements by setting water quality standards that protect designated uses in. and ensure attainment and 

maintenance of the water quality standards of, downstream waters in Oregon and to meet the schedule for 

development of TMDLs. Comment by: 915/03. 

58-0105-0301, Rules and Standards/or Hazardous Waste. Updates citations to federal regulations incorporated by 

reference to include those revised as ofJuly 1,2003; makes technical corrections to corresponding federal regulations 

and clarifies definition ofDirector. Comment by: 9/3/03. 

58-0108-0301, Idaho Rules For Public Drinking Water Systems. Establishes standards by which fees will be 

imposed for operator applications. certification exams and renewals, and course evaluations for continuing education 

units; makes language consistent with changes made in IDAPA 58.01.02 that deal with Wastewater Operator 

Certification. Comment by: 9/3/03. 

58-0123-0301, Rules 0/Administrative Procedure Be/ore the Board 0/Environmental Quality. Establishes public 

notice requirements and modifies procedures for filing petitions with the Board; clarifies the procedures for 

intervention, review and reconsideration ofinterlocutory orders. Comment by: 9/3/03. 

Please refer to the Idaho Administrative Bulletin, August 6, 2003, Volume 03-8 for notices and text of all 

rulemakings, public hearing schedules, Governor's executive orders, and agency contact names. 

Citizens of your county can view all issues of the Idaho Administrative Bulletin at the county law libraries. 

Copies of the Administrative Bulletin and other rules publications are available for purchase. For subscription 

information and ordering see our website or call (208) 332-1820 or write the Office of Administrative Rules, 

Department of Administration, 650 W. State St., Room 100, Boise, ID 83720-0306. Visa and MasterCard accepted for 

most purchases. 

The Idaho Administrative Bulletin and Administrative Code are available on-line at: http://www2.state.id.us/adm/ 

adminrulesl 

IDAHO ADMINISTRATIVE BULLETIN Page 176 August 6,2003 - Vol. 03-8 

c 

CERTIFICATE OF HEARING 

SUBJECT: Rules for the Control of Air Pollution in Idaho, 

Docket No. 58-0101-0301 


LOCATION: DEQ Conference Center, 1410 N. Hilton, Boise, Idaho 


HEARING DATE: September 8,2003 


The undersigned designated hearing facilitator hereby certifies that on the 8th 

day of September, 2003, a public hearing was held on the Rules for the Control of Air 

Pollution in Idaho, Docket No. 58-0101-0301, at the DEQ conference center in Boise, 

Idaho. The hearing commenced at 5:15 p.m. and was adjourned at 5:45 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 August 6,2003. This publication was timely made 

and other necessary notice requirements have been met. 

DATED this 8th day of September, 2003. 

Paula J.Gradwohl 


Hearing Facilitator 


.", CERTIFICATE OF HEARING 

Legislative Services Office 

Idaho State Legislature 

Carl F. Bianchi State Capitol 

Director P.O. Box 83720 

Boise, lD 83720-0054 July 21, 2003 208/334-2475; Fax 334-2125 

www2.state.id.usllegislat 

Paula J. Gradwohl 
 RECEIVED

Environmental Quality Section 


Attorney General's Office 
 JUl 22 2003

1410 N. Hilton 
 OEQ Hås Co . Boise, 1083706-1255 	 DOCKET NO_ ordinator 

Dear Ms. Gradwohl: 

The Senate and House Subcommittees for review of administrative rules have reviewed the 


proposed changes to the Dept. of Environmental Quality rules: 


IDAPA: 

58.01.01 	- Control of Air Pollution in Idaho 


(Docket #58-0101-0301) 


58.01 .02 - Water Quality StandardsIWastewater Treatment 

Requirements - Temporary! 

Proposed Rule (Docket #58-0102-0301) 

58.01.05 - Hazardous Waste - Proposed Rule 


(Docket #58-0105-0301) 


58.01.08 - Public Drinking Water - Proposed Rule 


(Docket #58-0108-0301 ) 


58.01.08 - Public Drinking Water - Temporary Rule 


(Docket #58-0108-0303) 


58.01 .23 - Administrative Procedure Before Board of Environmental 

Quality 

(Docket #58-0123-0301) 

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

Sincerely yours, ,/ 	 ­ .. id/;~ , 1:atharine A. GeH 

Sr. Legal Analyst 

KAG/ca 

Mike Nugent, Supervisor Jeff Youtz, Supervisor Ray lneck, Supervisor Glenn Harris, Supervisor 

Research & Legislation Budget & Policy Analysis Legislative Audits Network Administration 

mnugent@lso.state.id.us jyoutz@lso.state.id.us rineck@lso.state.id.us gharris@lso.state.id.us 
Legislative Services Office 

Idaho State Legislature 

Carl F. Bianchi State Capitol 

Director P.O. Box 83720 

Boise, ID 83720-0054 

2081334-2475; Fax 334-2125 

www2.state.id.us/legislat

MEMORANDUM 


TO: 	 Rules Review Subcommittee of the Senate Health and Welfare Committee 

(proposed Rules 1 - 4 as noted below), the Senate Resources & -Environment 

Committee (proposed Rule 5 as noted below), and the House Environmental 

Affairs Committee 

FROM: Research & Legislation Staff - Katharine Gerrity 

t-NO RECEIVED 

JUl 0 2 2003 

DATE: June 30, 2003 

SUBJECT: Department ofEnvironmental Quality 

DEQ Hearings Coordinator 

DOCKET NO. O/OI--CJ~i. 

IDAPA 58.01.01 - Rules for the Control ofAir Pollution in Idaho 

IDAPA 58.01.02 - Water Quality StandardsfWastewaterTreatmentRequirements 

IDAPA 58.01.05 - Rules and Standards for Hazardous Waste 

IDAPA 58.01.08 - Rules for Public Drinking Water Systems 

IDAPA 58.01.23 - Rules ofAdministrative Procedure before Board of 

Environmental Quality 

1. IDAPA 58.01.01 - Rules for the Control of Air Pollution in Idaho 

.'~~"- ·-------~-l1re-Department_·of-EftVironmental-Quality-submits notice ofproposed rulemaking at 

IDAPA 58.01.01 - Rules for the Control ofAir Pollution in Idaho. According to the Department, 

the changes reflect an annual update to "maintain confonnance with EPA's regulations as well as 

fulfilling the requirements ofIdaho's delegation agreement with EPA under Section 112(1) ofthe 

Clean Air Act and 40 CFR Part 70." The rule updates certain citations to federal regulations that 

have been revised. The update also includes the "Maximum Achievable Control Technology 

(MACT) Standards promulgated as National Emissions Standards for Hazardous Air Pollutants 

(NESHAPS)." In addition, the address ofthe U.S. Printing Office (where copies offederal 

publications may be obtained) has been updated. 

The Department has also confinned that the proposed rule does not regulate an activity 

not regulated by the federal government, nor is it broader in scope or more stringent than any 

federal regulations. 

Mike Nugent, Supervisor Jeff Youtz, Supervisor Ray Ineck, Acting Supervisor Glenn Harris, Supervisor 

Research & Legislation Budget & Policy Analysis Legislative Audits Network Administration 

mnugent@lso.state.id.us jyoutz@lso.state.id.us rineck@lso.state.id.us gharris@lso.state.id.us 
The proposed rulemaking appears to be authorized by Sections 39-105 and 39-107, Idaho 

Code. 

2. IDAPA 58.01.02 - Water Ouality StandardslWastewater Treatment 

Requirements 

The Department submits notice oftemporary and proposed rulemaking at IDAPA 

58.01.02 - Water Quality StandardslWastewater Treatment Requirements. According to the 

Department, the purpose of the rulemaking is "to meet the requirements of 40 CFR 131.1 O(b) by 

setting water quality standards that protect designated uses in, and ensure attainment and 

maintenance ofthe water quality standards of, downstream waters in Oregon and to meet the 

schedule for development ofTMDLs." In addition, a new section 285 has been added to the 

water quality standard "to provide for a site-specific standard for water-column dissolved oxygen 

in the Snake River along the Idaho/Oregon border." There is also a modification to a description 

ofwater body unit SW-l in Subsection 140.13 to correct an oversight relating to actual 

boundaries. 

The Department confirms that the adoption ofthe proposed site-specific criteria for 

dissolved oxygen criteria are necessary to meet, but not exceed, federal law or regulations. As 

further explanation, the Department notes that the Clean Water Act requires states to adopt water 

quality standards that must be submitted to and approved by the EPA. The federal regulations 

provide that a state, in designating uses and criteria for those uses, shall ensure'that its water 

.quality standards provide for the attainment and maintenance ofthe water quality standards of 

downstream waters. The Snake River acts as a boundary between Idaho and Oregon. Oregon's 

water quality standards differ from applicable Idaho water quality standards for dissolved 

oxygen. In order to meet the federal requirement, DEQ has proposed the rulemaking to adopt, as 

site-specific criteria, standards for dissolved oxygen that reflect Oregon's water quality 

standards. We contacted Department personnel for further clarification and were informed that 

the development ofthe TMDL in this area is a primary factor leading to the proposed changes at 

this time. 

-'-'---'fhelJrOPosed'ruJemaking-appears to be authorized by Sections 39-105, 39-107, and 

chapter 36, title 39, Idaho Code. 

3. IDAPA 58.01.05 - Rules and Standards for Hazardous Waste 

The Department submits notice of proposed rulemaking at IDAPA 58.01.05 - Rules and 

Standards for Hazardous Waste. According to the Department, these rules are customarily 

updated on an annual basis to maintain consistency with relevant federal regulations. The 

changes involve updates to federal regulation citations incorporated by reference, technical 

corrections to corresponding federal regulations in Section 005, 009 and 011, clarification ofthe 

definition of "Director," and an update ofthe address of the U.S. Government Bookstore where 

copies of federal regulations may be obtained. The Department has also attached a regulatory 

summary of changes that occurred in the past twelve months to the federal regulations 

Page 2-of 4 
tIP

,­

incorporated by reference to their rule-making checklist form. 

The Department confirms that the proposed changes do not regulate an activity not 

regulated by the federal government, nor are they broader in scope or more stringent than federal 

regulations. 

The proposed rulemaking appears to be authorized by Sections 39-105, 39-107. 39-4404 


and chapters 44 and 58, title 39, Idaho Code. 


4. IDAPA 58.01.08 - Rules for Public Drinking Water Systems 

The Department submits notice ofproposed rulemaking at IDAPA 58.01.08 - Rules for' 

Public Drinking Water Systems. According to the Department, the proposed revisions will make 

the rule consistent with the recent Wastewater Operator Certification Rules for definitions, 

certification requirements for systems, addition ofoptional voluntary certification, separate 

eligibility criteria for certifying treatment and distribution operators, length of certification 

renewal cycle, number ofrequired continuing education units per certification cycle, and 

certificate signatures. The Department also notes that the proposed changes revise standards by 

which fees will be imposed for operator applications, certification exams and renewals, and 

course evaluations for continuing education units and provide for the fees in rule pursuant to 

Section 39-119, Idaho Code. Since the state took over certification of operators in 2002 pursuant 

to federal law, the application and exam were voluntary so there were no provisions for fees 

originally in the rule and they were all handled on a voluntary basis through a certification board. 

Members should note that there is also a temporary rule in the packet that solely 

addresses the certification fee provision to comply with Section 39-119, Idaho Code, and to get 

something in place pending adoption of the proposed rule. Changes to the provisions in the 

proposed rule are more extensive. It should also be noted that the basis ofthe temporary rule as 

set forth in the notice is "to protect public health and (to) compl(y) with deadlines in 

amendments to federal law." The Governor's office approved the temporary rule on this basis. 

Section 67-5226(2) requires that a temporary rule that imposes a fee may only become effective 

. whefe-th~-Q()-vemo}:.- finds-that~theJe.e__or_.charge. is nec.essary to. aypidjIJlm~Qi~ts: -'t~nger which 

justifies the imposition ofthe fee or charge." Since the temporary rule was approved, there is an 

implication that the protection ofpublic health and compliance with the statute (with requisite 

fee for certification) were considered necessary to avoid immediate danger. The Department 

states (in Notices for both the temporary and proposed rules) that without a provision for the 

collection of fees for certification (which constitutes a portion of funding for the certification 

program), the Department may not be able to certify current and new operators and verify that 

they are qualified to perform their duties, thus placing the public health at risk. (We questioned 

whether the proposed rule should modify the wording ofthe temporary rule rather than the 

existing rule as presented, given the fact that the temporary rule wi1l be in effect before the 

proposed rule. The Department will coordinate this issue with the Office of Administrative Rules 

and modify the proposed rule ifnecessary.) 

Page 3 of 4 
We contacted the Department to obtain several explanations which are noted above. In 

addition, we indicated that there appears to be a typographical error relating to a reference in 

proposed IDAPA 58.01.08.003.87.d. Given the fact that deletion ofthe "Professional Growth 

Requirement" section of the rule is proposed, this subsection of the definition of "waiver" should 

be modified to reflect that change. Subsequently, Department personnel infonned us that the 

reference in that particular subsection will be changed to "559.02." 

The rule does regulate activities not regulated by the federal government in that the 

federal government does not regulate certification of drinking water system operators. 

The rulemaking appears to be authorized pursuant to chapter 1, title 39, Idaho Code. 

5. IDAPA 58.01.23 - Rules ofAdministrative Procedure before Board of 

Environmental Quality 

The Department submits notice of proposed rulemaking at IDAPA 58.01.23 - Rules of 

Administrative Procedure before Board ofEnvironmental Quality. According to the 

Department, the proposed rule changes will revise some ofthe administrative rules that have 

been in place since 2001 to address some difficulties in implementation of the original rules that 

have come to the attention ofthe Department over during the last two years ..In addition, public 

-- notice requirements are estab1ished and procedures for filing petitions have been modified. 

Procedures for intervention, review and reconsideration of interlocutory orders and Section 101, 

Department Action Not Stayed, are clarified. 

The ru1e does regulate an activity not regulated by the federal government in that the 

federal government does not regulate administrative procedures for the State ofIdaho. 

The rulemaking appears to be authorized pursuant to Sections 39-105,39-107 and 67­

5206, Idaho Code. 

cc: Departm€Hlt4-En¥ironmentaI-Q.uality_ 

Page 4 of 4 

State ofIdaho 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

Board ofEnvironmental Quality 

1410 North Hilton, Boise,lD 83706-1255, (208) 373-0502 Dirk Kempthorne, Governor 

C. Stephen Allred, Director 

DECLARA1"ION OF RULEMAKING 


BY THE BOARD OF ENVIRONMENTAL QUALITY 


ADOPTION OF PENDING RULE 


DOCKET NO. 58-0101-0301 


Pursuant to the authority granted to the Board of Environmental Quality in Title 39, 

Chapter 1, Idaho Code, and under the provisions for rule adoption contained in Section 67­

5224, Idaho Code, I declare that the Board of Envkonmental 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. 

/94z/",,' 

Date Paul C. Agidius, Chairman 

STATE OF IDAHO ) 

) ss. 

County of Ada ) 

On this~if October, 2003, before me, the undersigned. a Notary Public in 

and for said State, personally appeared Paul C. Agidius 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. 

NotarY ublic for Id~ho ;: ..,D 

Residing at: £[j'1:;f::f,ef: Expires: • ~. 

c 
RULE PROMULGATION AUTHORITY CHECKLIST 

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

Docket No. 58-0101-0301 

DATE INITIALS 

f"'-./~ 

~ #ffZ7 at / "J Z / -}, 101 tf /0:1

I 

Legal Review of Proposed Administrative Rules Form 

Director Approval of Proposed Administrative Rules Form 

Approval Received from DFM/Govemor 

Legal Review of ProposedlTemporary Rule Docket 

Director Approval of ProposedlTemporary Rule Docket 

Board Adoption of Temporary Rule 

Legal Review of PendinglTemporary Rule Docket 

Director Approval of PendinglT emporary Rule Docket 

Board Adoption of PendinglTemporary Rule 
Descriptive Summary of Rule as it was Initially Proposed: 

The Rules for Control of Air Pollution in Idaho are updated annually in order to maintain 

conformance with EPA's regulations as well as fulfilling the requirements of Idaho's delegation 

agreement with EPA under Section 112(1) of the Clean Air Act and 40 CFR Part 70. This 

proposed rule updates citations to federal regulations incorporated by reference to include 

those revised as of July 1, 2003. This update includes the Maximum Achievable Control 

Technology (MACT) Standards promulgated as National Emissions Standards for Hazardous 

Air Pollutants (NESHAPS). Access~to federal regulations is no longer available at the physical 

address for the U.S. Government Bookstore as provided in Subsection 107.02; however, the 

web site address for obtaining federal regulations on line has been added. 

No public comments were received. DEQ recommends that the Board 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-seventh Idaho Legislature. 

The rule is subject to review by the Legislature before becoming final and effective. 

Public Notice ..) 

Negotiated Rule Making: [ 1Yes [Xl No 

Groups Involved: 

Hearings: [Xl Yes [ 1No 

Locations and Dates: Boise. 9/8103 

Written Comment Deadline: .9L9lQ.3 

Costs to the Agency: None. 


Costs to the Regulated Community: None. 


Relevant Statutes: Idaho Code §§ 39-105 and 39-107 

IDAHO CODE § 39-1070 STATEMENT: This proposed rule 

does not regulate an activity not regulated by the federal 

government, nor is it broader in scope or more stringent than 

federal law or regulations. 

Rulemaking and Public Comment Summary - Page 1 
6,J 	 ~ ~)

Temporary Rule 	 [ J Necessary to protect public health, safety or welfare 

[ ] Compliance with deadlines in amendments to governing law or federal programs 

[ J Conferring a benefit 

Docket Number: QB-Q1Q1-Q3Q1 

Section Existing Rule Summary Summary of Rule Changes Outstanding Issues Proposed Rule Summary Based on Public Comment 

Updates the definition of ·Part 70· 

008 Definitions for the Purposes of No comment received. 	 No None. to include changes made to 40 Sections 300 through 386. change. CFR Part 70 as of July 1, 2003. 

Updates state rules to include 107 Incorporations by Reference No comment received. 	No None. changes made to the federal 

change. regulations revised as of July 1, 

2003. 

Rulemaking and Public Comment Summary - Page 2 
FINAL PROPOSAL 

RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO, DOCKET NO. 58-0101-0301 

The Department of Environmental Quality recommends that the Board of Environmental Quality 

adopt the rule as initially proposed in the Idaho Administrative Bulletin, August 6, 2003, Vol. 03-8, 

pages 124 through 129. 
IDAPA 58 - DEPARTMENT OF ENVIRONMENTAL QUALITY 


58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO 


DOCKET NO. 58-0101-0301 


NOTICE OF RULEMAKING - PENDING RULE 


EFFECTIVE DATE: This rule has been adopted by the Board of Environmental Quality (Board) and is now 

pending review by the 2004 Idaho State Legislature for final approval. The rule will become final and 

effective immediately upon the adjournment sine die of the Second Regular Session of the Fifty-seventh 

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 Section 67-5224, Idaho Code, notice is hereby given that the Board has 

adopted a pending rule. The action is authorized by Sections 39-105 and 39-107, Idaho Code. This rulernaking 

updates citations to the federal regulations incorporated by reference as mandated by the U.S. Environmental 

Protection Agency (EPA) for approval of the state's Title V Operating Permit Program pursuant to 40 CFR Part 

70 and fulfilling the requirements of Idaho's delegation agreement with EPA under Section 112(1) of the Clean 

AirAcl 

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, August 6,2003, Vol. 03-8, pages 124 through 129. 

The agency received no public comments on the proposed rule, and the rule has been adopted as initially 

proposed. The rule making record can be obtained by contacting the undersigned. 

IDAHO CODE § 39-107D STATEMENT: This proposed rule does not regulate an activity not regulated by the 

federal government, nor is it broader in scope or more stringent than federal law or regulations. 

GENERAL INFORMATION: For more information about DEQ's programs and activities, visit DEQ's web site 

at www.deq.stateJd.us. 

ASSISTANCE ON TECHNICAL QUESTIONS: For assistance on technical questions concerning this 

rulemaking, contact Phyllis Heitman at (208)373-0502, pheitman@deq.stateJd.us. 

DATED this 23rd day of October, 2003. 

Paula J. Gradwohl 

Environmental Quality Section 

Attorney General's Office 

1410 N. Hilton 

Boise, Idaho 83706-1255 

(208)373-0418/Fax No. (208)373-0481 

pgradwoh@deq.state.id.us 
THE FOLLOWING IS THE TEXT OF DOCKET NO. 5s.o101-0301 

008. DEFINITIONS FOR THE PURPOSES OF SECTIONS 300 THROUGH 386. 

01. Affected States. All States: (5-1-94) 

a. Whose air quality may be affected by the emissions of the Tier I source and that are contiguous to 

Idaho; or (5-1-94) 

b. That are within fifty (50) miles of the Tier I source. (5-1-94) 

02. Allowance. An authorization allocated to a Phase II source by the EPA to emit during or after a 

specified calendar year, one (1) ton ofsulfur dioxide. (5-1-94) 

03. Applicable Requirement. All of the following if approved or promulgated by EPA as they apply 

to emissions units in a Tier I source (including requirements that have been promulgated through rulemaking at the 

time ofpermit issuance but which have future-effective compliance dates): (5-]-94) 

a. Any standard or other requirement provided for in the applicable state implementation plan, 

including any revisions to that plan that are specified in 40 CFR Parts 52.670 through 52.690. (5-1-94) 

b. Any term or condition of any permits to construct issued by the Department pursuant to Sections 

200 through 223 or by EPA pursuant to 42 U.S.C. Sections 740] through 7515; provided that terms or conditions 

relevant only to toxic air pollutants are not applicable requirements. (4-5-00) 

- c. Any standard or other requirement under 42 U.S.C. Section 7411 including 40 CFR Part 60; 

(5-1-94) 

d. Any standard or other requirement under 42 U .S.C. Section 7412 including 40 CFR Part 61 and 40 

CFRPart63; (5-1-94) 

e. Any standard or other requirement of the acid rain program under 42 U.S.C. Sections 7651 through 

76510; (5-1-94) 

f. Any requirements established pursuant to 42 U.S.C. Section 7414(a)(3), 42 U.S.C. Section 

7661c(b) or Sections 120 through ]28 ofthese rules; (3-23-98) 

g. Any standard or other requirement goveming solid waste incineration, under 42 U .S.C. Section 

7429; (5-1-94) 

h. Any standard or other requirement for consumer and commercial products and tank vessels, under 

42 U.S.C. Sections 7511b(e) and (f); and (5-1-94) 

-

i. Any standard or other requirement under 42 U.S.C. Sections 7671 through 7671q including 40 CFR 

Part 82. (5-1-94) 

j. Any ambient air quality standard or increment or visibility requirement provided in 42 U.S.C. 

Sections 7470 through 7492, but only as applied to temporary sources receiving Tier I operating pennits under 

Section 324. (5-1-94) 

04. Designated Representative. A responsible person or official authorized by the owner or operator 

of a Phase II unit to represent the owner or operator in matters pertaining to the holding, transfer, or disposition of 

allowances allocated to a Phase II unit, and the submission of and compliance with pennits, permit applications, and 

compliance plans for the Phase II unit. (5-1-94) 

OS. Draft Permit. The version of a Tier I operating permit that is made available by the Department for 

public participation and affected State review. (5-1-94) 

06. Emergency. For the purposes of Section 332, an emergency is any situation arising from sudden 

and reasonably unforeseeable events beyond the control of the owner or operator, including acts of God, which 

situation requires immediate corrective action to restore normal operation and that causes tbe Tier I source to exceed 

a technology-based emission limitation under the Tier I operating permit due to unavoidable increases in emissions 

attributable to the emergency. An emergency shall not include noncompliance to the extent caused by improperly 

designed equipment, lack of preventative maintenance, careless or improper operation, or operator error. (4-5-00) 

07. Final Permit. The version of a Tier I permit issued by the Department that has completed all 

review procedures required in Sections 364 and 366. (5-1-94) 

08. General Permit. A Tier I permit issued pursuant to Section 335. (3-23-98) 

09. Insignificant Activity. Those activities that qualify as insignificant in accordance with Section 

317. (3-23-98) 

10. Major Facility. A facility (as defined in Section 006) is ·major if the facility meets any of the 

following criteria: (3-23-98) 

a. For hazardous air pollutants: (3-23-98) 

i. The facility emits or has the potential to emit ten (10) tons per year (tpy) or more of any hazardous 

air pollutant, other than radionuclides, which has been listed pursuant to 42 U.S.C. Section 7412(b); provided that 

emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from any 

oil or gas pipeline compressor or pump station shall not be aggregated with emissions from other similar emission 

units within the facility. . (5-1-94) 

ii. The facility emits or has the potential to emit twenty-five (25) tpy or more of any combination of 

any hazardous air pollutants, other than radionuclides, which have been listed pursuant to 42 U.S.C. 7412(b); 

provided that emissions from any oil or gas exploration or production well (with its associated equipment) and 

emissions from any oil or gas pipeline compressor or pump station shall not be aggregated with emissions from other 

similar emission units within the facility. (5-1-94) 

b. For non-attainment areas: (3-23-98) 

i. The facility is located in a "serious" particulate matter (PM-I 0) nonattainment area and the facility 

has the potential to emit seventy (70) tpy or more ofPM-IO.. (5-1-94) 

ii. The facility is located in a "serious" carbon monoxide nonattainment area in which stationary 

sources are significant contributors to carbon monoxide levels and the facility has the potential to emit fifty (50)' tpy 

or more of carbon monoxide. (5-1-94) 
111. The facility is located in an ozone transport region established pursuant to 42 U.S.C. Section 7511 c 

- and the facility has the potential to emit fifty (SO) tpy or more of volatile organic compounds. (5-1-94)

iv. The facility is located in an ozone nonattaimnent area and, depending upon the classification of the 

nonattaimnent area, the facility has the potential to emit the following amounts of volatile organic compounds or 

oxides of nitrogen; provided that oxides of nitrogen shall not be included if the facility has been identified in 

accordance with 42 U.S.C. Section 7411a(f)(I) or (2) ifthe area is "marginal" or "moderate", onebundred (100) tpy 

or more, if the area is "serious", fifty (50) tpy or more, if the area is "severe", twenty-five (25) tpy or more, and if the 

area is "extreme", ten (10) tpy or more. (3-23-98) 

c. The facility emits or has the potential to emit one hundred (100) tons per year or more of any 

regulated air pollutant listed in Subsections oo6.84.a. through 006.84.e. The fugitive emissions shall not be 

considered in determining whether the facility is major unless the facility belongs to one (1) of the following 

categories: (4-5-00) 

i. Designated facilities. (3-23-98) 

ii. All other source categories regulated by 40 CFR Part 60, 40 CFR Part 61 or 40 CFR Part 63, but 

only with respect to those air pollutants that have been regulated for that category and only if determined by rule by 

the Administrator of EPA pursuant to Section 3020) of the Clean Air Act. (4-5-00) 

11. Part 70. Unless specified otherwise in this chapter, all definitions adopted under 40 CFR Part 70, 


revised as of July 1, 200.11. are hereby incorporated by reference. ~ 

12. Permit Revision. Any permit modification, administrative amendment or reopening. (3-19-99) 

13. Phase II Source. A source that is subject to emissions reduction requirements of42 U.S.C. Section 

7651 through 76510 and shall have the meaning given to it pursuant to those sections. (5-1-94) 

14. Phase II Unit. A unit that is subject to emissions reduction requirements of 42 U.S.c. Sections 

7651 through 76510 and the term shall have the meaning given to it pursuant to those sections. (5-.1-94) 

1S. Proposed Permit. The version of a permit that the Department proposes to issue and forwards to. 

the EPA for review. (5-1-94) 

16. Section S02(b)(10) Changes. Changes that contravene an express permit term. Such changes do 

not include changes that would violate applicable requirements or contravene federally enforceable permit terms and 

conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification 

requirements. (3-19-99) 

17. Tier I Operating Permit. Any permit covering a Tier I source that is issued, renewed, amended, or 

revised pursuant to Sections 300 through 386. . (3-19-99) 

(BREAK IN CONTINUITY OF SECTIONS) 

107. INCORPORATIONS BY REFERENCE. 

01. General. Unless expressly provided otherwise, any reference in these rules to any document 

identified in Subsection 107.03 shall constitute the full incorporation into these rules of that document for the 

purposes of the reference, including any notes and appendices therein. The term "documents" includes codes, 

standards or rules which have been adopted by an agency of the state or of the United States or by any nationally 

recognized organization or association. (5-1-94) 

02. Availability Of Referenced Material. Copies of the documents incorporated by reference into 
- these rules are available at the following locations: 	 (5-1-94) 

a. All federal. publications: Sitperilttefttieltt Qf DBCf:lmcltts, U.S. Government Printing· Office, 

Wa9hil'lglQI'I, D.G. 2lH02 61 (20:2) 783 3238 http://www.gpoaccess.gov!index.html; and ~ 

b. All documents herein incorporated by reference: 

i. Department of Environmental Quality, 1410 N. Hilton, Boise, Idaho 83706-1255 at (208) 373­

0502. (7-1-97) 

ii. 	 State Law Library, 451 W. State Street, P.O. Box 83720, Boise, Idaho 83720-0051, (208) 334-3316. 

(7-1-97) 

03. Documents Incorporated By Reference. The following docwnents are incorporated by reference 

into these rules: (5-1-94) 

a. Requirements for Preparation, Adoption, and Submittal of Implementation Plans; Appendix W to 

Part 5l--Guideline on Air Quality Models. 40 CFR Parts 51 and 52 revised as of July 1, 2~.3.. ~ 

b. Implementation Plan for the Control of Air Pollution in the State of Idaho (SIP), Department of 

Environmental Quality, November 1996. (3-19-99) 

c. National Primary and Secondary Ambient Air Quality Standards, 40 CFR Plirt 50, revised as of 

July 1,2002.1. ~ 

d. Requirements for Preparation, Adoption, and Submittal of Implementation Plans, Protection of 

Visibility, Identification oflntegral Vistas, Subsection a, 40 CFR Part 51.304(a), revised as of July 1,2002.3.. 

~. 

e. Approval and Promulgation oflmplementation Plans, 40 CFR Part 52, revised as of 

~ 

July 1,2002.1. 

f. Ambient Air Monitoring Reference and Equivalent Methods, 40 CFR Part 53, revised as of July I, 

2002.1. 	

g. Ambient Air Quality Surveillance, Quality Assurance Requirements for Prevention 

~ 

of Significant 

Deterioration (pSD Air Monitoring), 40 CFR Part 58, Appendix B, revised as of July 1, 2~.1. ~ 

h. 	 Standards of Performance for New Stationary Sources, 40 CFR Part 60, revised as of 

~ 

July 1, 2~,.1. 

i. National Emission Standards for Hazardous Air Pollutants, 40 CFR Part 61, revised as of July 1, 

2002.3.~ 

j. National Emission Standards for Hazardous Air Pollutants for Source Categories, 40 

~ 

CFR Part 63, 

revised as of July 1, 2002,.1. ~ 

k. Compliance Assurance Monitoring, 40 CFR Part 64, revised as of July 1, 2002,.1. 	 ~ 

I. Permits, 40 CFR Part 72, revised as ofJuly 1, 2002.3.. 	 ~ 

m. Sulfur Dioxide Allowance System, 40 CFR Part 73, revised as ofJuly I, 2002.3.. 	 ~ 

n. Protection of Stratospheric Ozone, 40 CFR Part 82, revised as of July 1, 2002.3.. 	 (5 3 {H)L-j 

o. Clean Air Act, 42 U.S.C. Sections 7401 through 7671g (J 997). 	 (3-19-99) 
p. Determining Conformity of Federal Actions to State or Federallmplementation Plans: Conformity 

-	 to State or Federal Implementation Plans of Transportation Plans, Programs and Projects Developed, Funded or 

Approved Under Title 23 U.s.C. or the Federal Transit Laws, 40 CFR Part 93, Subpart A, Sections 93.100 through 

93.129, revised as of July I, 200.1l. except that Sections 93.102(c), 93.l04(d). 93.l04(e)(2), 93.105, 93.l09{c)-(f), 

93.118(e), 93.119(f)(3), 93.120(a)(2), 93.121 (a)(I), and 93.l24(b) are expressly omitted from the incorporation by 

reference. ~ 
':-­ ---
IDAHO ADMINISTRATIVE CODE IDAPA 58.01.01 


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as that attributed to the increase from the particular modification, and is federally enforceable at and after the time 

that construction ofthe modification commences. (4-5-00) 

c. The increase in toxic air pollutant emissions from an already operating or permitted source is not 

included in the calculation ofthe net emissions increase for a proposed new source or modification if: (5-1-95) 

1. The already opemting or pennitted source commenced construction or modification prior to July I, 

1995; or (5-1-95) 

ii. The uncontrolled emission mte from the already operating or permitted source is ten per cent (10%) 

or less ofthe applicable screening emissions level listed in Section 585 or 586; or (6-30-95) 

lll. The already operating or permitted source is an environmental remediation source subject to or 

regulated by the Resource Conservation and Recovery Act (42 U.S.C. Sections 6901-6992k) and "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. (6-30-95) 

07. Pilot Plant. A stationary source located at least one quarter (1/4) mile from any sensitive receptor 

that functions to test processing, mechanical, or pollution control equipment to determine full-scale feasibility and 

which does not produce products that are offered for sale except in developmental quantities. (5-1-94) 

08. Reasonable Further Progress (RFP). Annual incremental reductions in emissions of the 

applicable regulated air pollutant as identified in the SIP which are sufficient to provide for attainment of the 

applicable ambient air quality standard by the required date. (4-5-00) 

09. Seeondary Emissions. Emissions which would occur as a result of the construction, modification, 

or opemtion of a stationary source or facility, but do not come from the stationary source or facility itself. Secondary 

emissions must be specific, well defined, quantifiable, and affect the same general area as the stationary source, 

- facility, or modification which causes the secondary emissions. Secondary emissions include emissions from any 

offsite support facility which would not be constructed or increase its emissions except as a result ofthe construction 

or operation of the primary stationary source, facility or modification. Secondary emissions do not include any 

emissions which come directly from a mobile source regulated under 42 U.S.C. Sections 7521 through 7590. 

(4-5-00) 

10. Sensitive Reeeptor. Any residence, building or location occupied or frequented by persons who, 

due to age, infirmity or other health based criteria, may be more susceptible to the deleterious effects of a toxic air 

pollutant than the general population including, but not limited to, elementary and secondary schools, day care 

centers, playgrounds and parks, hospitals, clinics and nursing homes. (5-1-94) 

II. Short Term Source. Any new stationary source or modification to an existing source, with an 

operational life no greater than five (5) years from the inception of any opemtions to the cessation of actual 

operations. (5-1-94) 

12. Toxic Air ~ollutant Reasonably Available Control Teebnology (T-RACT). An emission 

standard based on the lowest emission of toxic air pollutants that a particular source is capable of meeting by the 

application of control technology that is reasonably available, as determined by the Department, considering 

technological and economic feasibility. If control technology is not feasible, the emission standard may be based on 

the application ofa design. equipment, work pmctice or operational requirement, or combination thereof. (5-1-94) 

13. Visibility Impairment. Any humanly perceptible change in visibility (visual mnge, contrast, 

colomtion) from that which would have existed under natural conditions. (4-5-00) 

008. DEFINITIONS FOR THE PURPOSES OF SECTIONS 300 THROUGH 386. 

01. Affected States. All States: (5-1-94) 

B. Whose air quality may be affected by the emissions ofthe Tier I source and that are contiguous to 

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Idaho; or 	 (5-1-94) 

b. That are within fifty (50) miles ofthe Tier I source. 	 (5-1-94) 

02. Allowanee. An authorization allocated to a Phase II source by the EPA to emit during or after a 

specified calendar year, one (1) ton ofsulfur dioxide. (5-1-94) 

03. Applicable Requirement. All of the following if approved or promulgated by EPA as they apply 

to emissions units in a Tier I source (including requirements that have been promulgated through rulemaking at the 

time ofpermit issuance but which have future-effective compliance dates): (5-1-94) 

a. Any standard or other requirement provided for in the applicable state implementation plan. 

including any revisions to that plan that are specified in 40 CPR Parts 52.670 through 52.690. (5-1-94) 

b. Any term or condition of any permits to construct issued by the Department pursuant to Sections 

200 through 223 or by EPA pursuant to 42 U.S.C. Sections 7401 through 7515; provided that terms or conditions 

relevant only to toxic air pollutants are not applicable requirements. (4-5-00) 

c. 	 Any standard or other requirement under 42 U.S.C. Section 7411 including 40 CPR Part 60; 

(5-1-94) 

d. Any standard or other requirement under 42 U.S.c. Section 7412 including 40 CFR Part 61 and 40 

CFR Part 63; (5-1-94) 

e. Any standard or other requirement of the acid rain program under 42 U.S.C. Sections 7651 through 

76510; (5-1-94) 

f. Any requirements established pursuant to 42 U.S.C. Section 7414(a)(3), 42 U.S.c. Section 

- 7661c(b) or Sections 120 through 128 ofthese rules; (3-23-98) 

g. Any standard or other requirement governing solid waste incineration, under 42 U.S.C. Section 

7429; (5-1-94) 

h. Any standard or other requirement for consumer and commercial products and tank. vessels, under 

42 U.S.C. Sections 7511b(e) and (t); and (5-1-94) 

i. Any standard or other requirement under 42 U.S.C. Sections 7671 through 7671q including 40 CFR 

Part 82. (5-1-94) 

j. Any ambient air quality standard or increment or visibility requirement provided in 42 U.S.c. 

Sections 7470 through 7492, but only as applied to temporary sources receiving Tier I operating permits under 

Section 324. (5-1-94) 

04. Designated Representative. A responsible person or official authorized by the owner or operator 

of a Phase II unit to represent the owner or operator in matters pertaining to the holdin~, transfer, or disposition of 

allowances allocated to a Phase II unit, and the submission of and compliance with penmts, permit applications, and 

compliance plans for the Phase II unit (5-1-94) 

05. Draft Permit. The version of a Tier I operating permit that is made available by the Department for 

public participation and affected State review. (5-1-94) 

06. Emergency. Por the purposes of Section 332, an emergency is any situation arising from sudden 

and reasonably unforeseeable events beyond the control of the owner or operator, including acts of Gnd, which 

situation requires immediate corrective action to restore normal operation and that causes the Tier I source to exceed a technology-based emission limitation under the Tier I operating permit due to unavoidable increases in emissions 

attributable to the emergency. An emergency shall not include noncompliance to the extent caused by improperly 

designed equipment, lack of preventative maintenance, careless or improper operation, or operator error. (4-5-00) 

Page 23 	 lAC 2004 
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07. Final Permit. The version of a Tier I pennit issued by the Department that has completed all 

review procedures required in Sections 364 and 366. (5-1-94) 

08. General Permit. A Tier I pennit issued pursuant to Section 335. (3-23-98) 

09. Insignificant Activity. Those activities that qualify as insignificant in accordance with Section 

317. (3-23-98) 

10. Major Facility. A facility (as defined in Section (06) is major if the facility meets any of the 

following criteria: (3-23-98) 

a. For hazardous air pollutants: (3-23-98) 

i. The facility emits or has the potential to emit ten (10) tons per year (tpy) or more of any hazardous 

air pollutant. other than radionuclides, which has been listed pursuant to 42 U.S.c. Section 7412(b); provided that 

emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from any 

oil or gas pipeline compressor or pump station shall not be aggregated with emissions from other similar emission 

units within the facility. (5-1-94) 

ii. The facility emits or has the potential to emit twenty-five (25) tpy or more of any combination of 

any hazardous air pollutants, other than radionuclides, which have been listed pursuant to 42 U.S.C. 7412(b); 

provided that emissions from any oil or gas exploration or production well (with its associated equipment) and 

emissions from any oil or gas pipeline compressor or pump station shall not be aggregated with emissions from other 

similar emission units within the facility. (5-1-94) 

b. For non-attainment areas: (3-23-98) 

i. The facility is located in a "serious" particulate matter (PM-IO) nonattainment area and the facility 

has the potential to emit seventy (70) tpy or more ofPM-lO. (5-1-94) 

ii. The facility is located in a "serious" carbon monoxide nonattainment area in which stationary 

sources are significant contributors to carbon monoxide levels and the facility has the potential to emit fifty (50) tpy 

or more ofcarbon monoxide. (5-1-94) 

111. The facility is located in an ozone transport region established pursuant to 42 U.S.c. Section 7511c 

and the facility has the potential to emit fifty (50) tpy or more of volatile organic compounds. (5-1-94) 

iv. The facility is located in an ozone nonattainment area and, depending upon the classification ofthe 

nonattainment area, the facility has the potential to emit the following amounts of volatile organic compounds or 

oxides of nitrogen; provided that oxides of nitrogen shall not be included if the facility has been identified in 

accordance with 42 U.S.C. Section 7411a(f)(1) or (2) ifthe area is "marginal" or ''moderate'', one hundred (100) tpy 

or more, ifthe area is "serious", fifty (50) tpy or more, ifthe area is "severe", twenty-five (25) tpy or more, and ifthe 

area is "extreme", ten (10) tpy or more. (3-23-98) 

c. The facility emits or has the potential to emit one hundred (100) tons per year or more of any 

regulated air pollutant listed in Subsections 006.84.a. through 006.84.e. The fugitive emissions shall not be 

considered in determining whether the facility is major unless the facility belongs to one (1) of the following 

categories: (4-5-00) 

i. Designated facilities. (3-23-98) 

ii. All other source categories regulated by 40 CFR Part 60, 40 CFR Part 61 or 40 CFR Part 63, but 

only with respect to those air pollutants that have been regulated for that category and only if detennined by rule by 

the Administrator ofEPA pursuant to Section 302(j) ofthe Clean Air Act. (4-5-00) 

11. Part 70. Unless specified otherwise in this chapter, all definitions adopted under 40 CFR Part 70, 

Page 24 lAC 2004 
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revised as of July I, 2003, are hereby incorporated by reference. (3-20-04) 

12. Pennit Revision. Any permit modification, administrative amendment or reopening. (3-19-99) 

13. Phase II Source. A source that is subject to emissions reduction requirements of42 U.S.C. Section 

7651 through 76510 and shall have the meaning given to it pursuant to those sections. (5-1-94) 

14. Phase II UDit. A unit that is subject to emissions reduction requirements of 42 U.S.c. Sections 

7651 through 76510 and the term shall have the meaning given to it pursuant to those sections. (5-1-94) 

IS. Proposed Permit. The version of a permit that the Department proposes to issue and forwards to 

the EPA for review. (5-1-94) 

16. Section S02(b)(10) Changes. Changes that contravene an express permit term. Such changes do 

not include changes that would violate applicable requirements or contravene federally enforceable permit terms and 

conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification 

requirements. (3-19-99) 

17. Tier I Operating Pennit. Any permit covering a Tier I source that is issued, renewed, amended, or 

revised pursuant to Sections 300 through 386. (3-19-99) 

009. DEFINITIONS FOR THE PURPOSES OF 40 CFR PART 60. 


Notwithstanding the definitions listed in Sections 006 through 008, the definitions in 40 CFR Part 60 shall have the 


meaning given in that Part, except that the term "Administrator" shall mean ....Department". (5-1-94) 


010. DEFINITIONS FOR THE PURPOSES OF 40 CFR PART 61 AND 40 CFR PART 63. 


Notwithstanding the definitions listed in Sections 006 through 008, the definitions in 40 CFR Part 61 and 40 CFR 


Part 63 shall have the meaning given in those Parts, except that the term "Administrator" shall mean "Department". 


(5-1-94) 

OIl. DEFINITIONS FOR THE PURPOSES OF SECTIONS 790 THROUGH 799. 

01. Best Management Practice. The best management practice (BMP) employed within an industry to 

control fugitive emissions. (3-15-02) 

02. Control Strategy 'Iiigger. An event or condition that indicates that a control action is needed to 

prevent violation of a standard or a provision ofthe rule. (3-15-02) 

03. Nonmetallic Mineral Processing Plant. Any combination of equipment that is used to crush or grind any nonmetallic mineral or rock wherever it may be located, including equipment located at lime plants, power 

plants, steel mills, asphalt concrete plants, portland cement plants, or any other facility or location processing 

nonmetallic minerals. (3-15-02) 

04. NSPS Regulated Facility Or Plant. A facility or processing plant that is subject to a standard, 

limitation, or other requirement of 40 CPR 60, Standards for the Performance ofNew Stationary Sources. (3-15-02) 

OS. Permit By Rule. A provision of the rules under which a facility or source registers with the 

Department and meets the specific requirements for that type of source. The source is then deemed to have a permit, 

thereby authorizing construction and operation without first obtaining a "Permit to Construct" as required in Section 

20 I. Operating in accordance with a "Permit by Rule" (PBR) does not relieve the owner or operator from complying 

with all applicable federal, state, and local rules and regulations. (3-15-02) 

06. Progressive Control Strategy. A sequence of control actions that when progressively employed 

can reduce the potential for violation of a standard or a provision of the rules. Control actions, beginning with those 

early in the sequence, shall be progressively applied until an adequate level ofcontrol is achieved. (3-15-02) 

07. Site Of Operations. The specific operating location of a nonmetallic mineral processing plant. 

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(3-15..02) 

012. -105. (RESERVED). 

106. ABBREVIATIONS. 

01. AAe. Acceptable Ambient Concentration. 	 (5-1-94) 

02. AACC. Acceptable Ambient Concentration for a Carcinogen. 	 (5-1-94) 

03. ACGIH. American Conference ofGovernment Industrial Hygienists. 	 (5-1-94) 

04. CAS. Chemical Abstract Service. 	 (5-1-94) 

05. CL. Derived form ACGIH ceiling Limit UF = 10. 	 (5-1-94) 

06. EL. Emissions Screening Level. 	 (5-1-94) 

07. ID. Idaho Division ofEnvironmental Quality. Not OEL based. 	 (5-1-94) 

08. LA. From LA Dept. ofEnvironmental Quality. Not OEL based eight (8) hour TWA. 	 (5-1-94) 

09. MA. From MA Dept. of Environmental Protection, Div. of Air Quality Control. Not OEL based. 

annual averaging time, no u£ (5-1-94) 

10. MI. From MI Dept. ofNatuml Resources, Air Quality Div. Based on toxicological data, annual avo 

time, no u£ (5-1-94) 

11. NY. From New York Dept. of Conservation, Div. of Air Quality. Not OEL based, one (I) yr. Av. 

time no uncertainty factor (uf). (5-1-94) 

12. OEL. Reference Occupational Exposure Level. 	 (5-1-94) 

13. PL. From Phil. Dept. of Air Management Services. Not OEL based. one (1) yr. averaging time no 

u£ (5-1-94) 

14. PLI. From Phil. Dept. ofAir Management Services. Unspecified OEL based, one (1) yr. averaging 

time, uf=:lO. (5-1-94) 

15. 	 PL2. From Phil. Dept. ofAir Management Services. Not OEL based one (I) yr. Av. time, uf=:10. 

(5-1-94) 

16. 	 PL3. From Phil. Dept. ofAir Management Services. Not OEL based, one (I) yr. avo time, uf=:1000. 

(5-1-94) 

17. TWA. Time Weighted Average. 	 (5-1-94) 

18. UF. Uncertainty Factor. 	 (5-1-94) 

19. VRF. Unit Risk Factor from the US Environmental Protection Agency. 	 (5-1-94) 

20. 	 WA. From Washington Dept. of Ecology, Air Programs. Acceptable Source Impact Level based. 

(5-1-94) 

107. INCORPORATIONS BY REFERENCE. 

01. General. Unless expressly provided otherwise, any reference in these rules to any document 

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identified in Subsection 107.03 shall constitute the full incorporation into these rules of that document for the 

purposes of the reference, including any notes and appendices therein. The tenn "documents" includes codes, 

standards or rules which have been adopted by an agency of the state or of the United States or by any nationally 

recognized organization or association. (5-1-94) 

02. Availability Of Referenced Material. Copies of the documents incorporated by reference into 

these rules are available at the following locations: (5-1-94) 

a. All federal publications: U.S. Government Printing Office, http://www.gpoaccess.gov/index.html; 

and (3-20-04) 

b. All documents herein incorporated by reference: 	 (7-1-97) 

i. Department of Environmental Quality, 1410 N. Hilton, Boise, Idaho 83706-1255 at (208) 373­

0502. (7-1-97) 

ii. 	 State Law Library, 451 W. State Street, P.O. Box 83720, Boise, Idaho 83720-0051, (208) 334-3316. 

(7-1-97) 

03. Documents Incorporated By Reference. The following documents are incorporated by reference 

into these rules: (5-1-94) 

a. Requirements for Preparation, Adoption, and Submittal of Implementation Plans; Appendix W to 

Part 51--Guideline on Air Quality Models. 40 CFR Parts 51 and 52 revised as ofJuly I, 2003. (3-20-04) 

b. Implementation Plan for the Control of Air Pollution in the State of Idaho (SIP), Department of 

Environmental Quality, November 1996. (3-19-99) 

c. National Primary and Secondary Ambient Air Quality Standards, 40 CFR Part 50, revised as of 

July 1,2003. (3-20-04) 

d. Requirements for Preparation, Adoption, and Submittal of Implementation Plans, Protection of 

Visibility, Identification ofIntegral Vistas, Subsection a, 40 CFR Part 51.304(a), revised as ofJuly 1,2003. 

(3-20-04) 

e. 	 Approval and Promulgation ofImplementation Plans, 40 CFR Part 52, revised as ofJuly 1,2003. 

(3-20-04) 

f. Ambient Air Monitoring Reference and Equivalent Methods, 40 CFR Part 53, revised as ofJuly 1, 

2003. (3-20-04) 

g. Ambient Air Quality Surveillance, Quality Assurance Requirements for Prevention of Significant 

Deterioration (PSD Air Monitoring), 40 CFR Part 58, Appendix B, revised as of July 1,2003. (3-20-04) 

h. 	 Standards of Performance for New Stationary Sources, 40 CFR Part 60, revised as ofJuly 1,2003. 

(3-20-04) 

i. National Emission Standards for Hazardous Air Pollutants, 40 CFR Part 61, revised as of July I, 

2003. (3-20-04) 

j. National Emission Standards for Hazardous Air Pollutants for Source Categories, 40 CFR Part 63, 

revised as of July 1,2003. (3-20-04) 

k. Compliance Assurance Monitoring, 40 CFR Part 64, revised as of July 1,2003. (3-20-04) 

L Pennits, 40 CFR Part 72, revised as ofJuly 1,2003. 	 (3-20-04) 

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m. Sulfur Dioxide Allowance System, 40 CFR Part 73, revised asof July 1,2003. (3-20-04) 

n. Protection ofStrarospheric Ozone, 40 CPR Part 82, revised as of July 1,2003. (3-20-04) 

o. Clean Air Act, 42 U.S.C. Sections 7401 through 7671g (1997). 	 (3-19-99) 

p. Determining Conformity of Federal Actions ro State or Federal Implementation Plans: Conformity 

to State or Federal Implementation Plans of Transportation Plans, Programs and Projects Developed, Funded or 

Approved Under Title 23 U.s.C. or the Federal Transit Laws, 40 CFR Part 93, Subpart A, Sections 93.100 through 

93.129, revised as of July 1,2003, except that Sections 93.l02(c), 93.104(d), 93.104(e)(2), 93.105, 93.109(c)-(t), 

93.118(e), 93.119(f)(3), 93.120(a)(2), 93.12I(a)(1), and 93.124(b) are expressly omitted from the incorporation by 

reference. (3-20-04) 

108. -120. (RESERVED). 

121. COMPLIANCE REQUIREMENTS BY DEPARTMENT. 


Any person engaged in an activity which may violate the air quality provisions ofthe Act, violate an air quality order 


issued or entered in accordance with the Act or these rules, or violate any of these rules, may be required by the 


Department to do any ofthe following: (5-1-94) 


01. Schedule. Prepare a proposed schedule whereby the unlawful activity will be brought into 

compliance over a specified period oftime. (5-1-94) 

02. 	 Report. Submit periodic reports to the Department indicating progress in achieving compliance. 

(5-1-94) 

03. Records. Submit, keep and maintain appropriate records. 	 (5-1-94) 

04. Monitoring. Monitor air pollutants at the source, in the ambient air, or in vegetation to demonstrate 

compliance. (5-1-94) 

05. Episode Plans. Develop emergency episode plans ro help prevent ambient air pollution 

concentrations from reaching levels which would cause substantial endangerment to health or the environment. 

(5-1-94) 

122. INFORMATION ORDERS BY THE DEPARTMENT. 


The Department may issue information orders as follows: (5-1-94) 


01. Purpose. For the purpose of: 	 (5-1-94) 

a. Developing or assisting in the development of any implementation plan, any standard of 

performance, any emission standard or any rule; (5-1-94) 

b. Determining whether any person is in violation of any standard of performance, any emission 

standard, any implementation plan or any rule; or (5-1-94) 

c. Carrying out any air quality provisions of the Act, any air quality order issued or entered in 

accordance with the Act or rules, or any of these rules. (5-1-94) 

02. Persons. The Department may issue an information order to any person who: 	 (5-1-94) 

a. Owns or operates any emission source; 	 (5-1-94) 

b. Manufactures emission control equipment; 	 (5-1-94) 

c. 	 The Department believes may have information necessary to meet the intent ofthese rules; or 

(5-1-94) 

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