# 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 PlanRule Revisions Dear Mr. Iani: Enclosed for your review and approval are an original and four copies ofrevisions to the Department ofEnvironmental Quality's (DEQ) Rules for the Control ofAir Pollution in Idaho, IDAPA 58.01.01. DEQ is seeking Environmental Protection Agency (EPA) approval ofthese revisions as an update to the contents ofthe Idaho State Implementation Plan (SIP), 40 CFR, Part 52, Subpart N. These revisions to the state rules were promulgated pursuant to the Environmental Protection and Health Act, Idaho Code, Sections 39-101 through 39-130. Review and approval by a Deputy Attorney General assigned to DEQwas obtained at appropriate times throughout the rulemaking process. The adoption was made in accordance with the requirements ofthe federal Clean Air Act and applicable federal regulations. None ofthe revisions included in this submittal reflect a reduction in emission limits. Following is a description ofthe rule changes made under IDAPA Rulemaking Docket 58-0101-0301: IDAPA 58.01.01.008.11

- Definitions for the Purposes ofSections 300 through 386 and IDAPA 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 onMay 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, USEPA April 2, 2004 Page 2

Ifyou oryour staffhas 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 FileSTATE 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 FORTHE 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 forthe Control 

### ofAir Pollution in Idaho (Air Rules), IDAPA 58.01.01, as edited in the attachments, as a revision to AppendixA.3 ofthe Implementation Planforthe Control 

### ofAir Pollution in the State of Idaho (Idaho SIP). The changes being submitted were adopted as pending by the Board of Environmental Quality and approved by the Idaho Legislature as indicated in the attachment DATED this 2nd day 

### ofApril, 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 CFRPart 70 and fulfilling the requirements ofIdaho's delegation agreement withEPA under Section 112(1) ofthe Clean AirAct. PUBLICHEARING SCHEDULE: A public hearing concerning this proposed rulemaking will beheld as follows: September 8, 2003, 5:15p.m. DepartmentofEnvironmental 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 priorto 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 ofIdaho's delegation agreement with EPA under Section 112(1) ofthe Clean Air Act and 40 CFR Part 70. This proposed rule updates citations to federal regulations incorporated by reference to include those revised as ofJuly 1,2003. This update includes the Maximum Achievable Control Technology (MACT) Standards promulgated as National Emissions Standards for HazardousAirPollutants (NESHAPS). Access to federal regulations isno longer available at thephysical address for the U.S. Government Bookstore as provided in Subsection 107.02; however, the web site address for obtaining federal regulations on linehas 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 ofpublic comments, DEQ intends to present the final proposal to the Board ofEnvironmental Quality in the fall of2003 for adoption ofa pending rule. The rule is expected to be final and effective upon the conclusion ofthe 2004 session ofthe Idaho Legislature ifapproved by the Legislature. SECTION 39-107D,IDAHO CODE, STATEMENT: This proposed rule does notregulate anactivity not regulated by the federal government, nor is it broader in scope ormore stringentthan federal regulations. NEGOTIATEDRULEMAKING: Due to the nature ofthis rulemaking, negotiations were notheld. GENERAL INFORMATION: Formore information about DEQ'sprograms 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 atthe address below regarding thisproposedrule. DEQ will consider all written comments received by the undersigned on orbefore September 9, 2003.
DATED this 25th day ofJune, 2003.

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### DEPARTMENT

### OF ENVIRONMENTAL QUALITY DocketNo. 58·0101·0301 Rules for the Control of AirPollution 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

THEFOLLOWING ISTHE TEXT OFDOCKET NO. 58-0101-0301

008. DEFINITIONS FORTHEPURPOSES OF SECTIONS 300 THROUGH 386. 01. Affected States. All States: (5-1-94)


### a. Whose air quality may be affected by the emissions ofthe Tier I source and that are contiguous to Idaho; or (5-1-94) 

### b. That are within fifty (50) miles ofthe TierI source. (5-1-94) 02. Allowance. An authorization allocated to a Phase II source by the EPA to emit during or after a specified calendaryear, one (l) ton ofsulfur dioxide. (5-1-94) 03. Applicable Requirement. All ofthe following ifapproved orpromulgated 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 butwhich 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 CFRParts 52.670 through 52.690. (5-1-94) b. Any term or condition ofany 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 airpollutants are not applicable requirements. (4-5-00)
c. Any standard orotherrequirementunder42 U.s.C. Section 7411 including 40 CFR Part 60; (5-1-94) 

### d. Any standard orotherrequirement under42 U.S.C. Section 7412 including 40 CFR Part 61 and 40 CFRPart 63; (5-1-94)


### e. Any standard or otherrequirement ofthe acid min program under42 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) orSections 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)

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### DEPARTMENTOFENVIRONMENTAL QUALITY

. Docket No. 58-0101..tJ301 Rules for the Control

### ofAirPollution in Idaho ProposedRulemaking
i. Any standard or otherrequirementunder 42 U.S.C. Sections 7671 through767lqincluding40 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 ofa 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 ofand compliance with permits, permit applications, and compliance plans for the Phase II unit. (5-1-94) 05. DraftPermit. The version ofa TierI operatingpermitthat is made availablebythe Department for public participation and affected State review. (5-1-94) 06. Emergency. For the purposes ofSection 332, an emergency is any situation arising from sudden and reasonably unforeseeable events beyond the control ofthe owner or operator, including acts of God, which situation requires immediate corrective action to restore normal operation and that causes the TierI 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 ofpreventative 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. GeneralPermit.A Tier I permit issuedpursuant 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 ifthe facility meets any ofthe following criteria: (3-23-98)


### a. Forhazardous airpollutants: (3-23-98) 

### 1. The facility emits orhas the potential to emit ten (10) tons peryear (tpy) ormore ofany 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 orgas exploration orproduction 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 orhas the potential to emit twenty-five (25) tpy or more ofany 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 orpump station shall notbe aggregated with emissions from other similar emission units within the facility. (5-1-94) 

### b. Fornon-attainment areas: (3-23-98) i. The facility is located in a "serious"particulate matter (PM-I0)nonattainment area and the facility has the potential to emit seventy (70) tpy ormore ofPM-}O. (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)

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# -- DEPARTMENT

### OFENVIRONMENTAL QUALITY Docket No. 58-0101-0301 Rules for the ControlofAirPollution in Idaho Proposed Rulemaklng



### m. 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 ofvolatile 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 ofvolatile 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 ormore, ifthe area is "serious", fifty (50) tpy ormore, ifthe area is "severe", twenty-five (25)tpy ormore, and ifthe area is "extreme", ten (10) tpy ormore. (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 airpollutants that have been regulated for that category and only ifdetermined by rule by the AdministratorofEPA pursuant to Section 3020) ofthe Clean AirAct. (4-5-00) 11. Part 70. Unless specified otherwise in this chapter, all defmitions adopted under 40 CFR Part 70, revised as ofJuly 1, 200:.?,l, are hereby incorporated byreference.**~** 

### 12. PermitRevision. Any permit modification, administrative amendment orreopening. (3-19-99) 13. Phase IISource. A source that is subject to emissions reduction requirements of42 U.S.C. Section 7651 through 76510 and shall have the meaning given to itpursuant to those sections. (5-1-94) 14. Phase II Unit. A unit that is subject to emissions reduction requirements of42 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 ofa 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. TierI OperatingPermit. Any permit covering a Tier I source that is issued, renewed, amended, or revised pursuant to Sections 300 through 386. (3-19-99)
(BREAKIN 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 ofthe state or ofthe United States orby any nationally recognized organization or association. (5-1-94) 02. Availability Of Referenced Material. Copies ofthe documents incorporated by reference into

iDAHO ADMINISTRATIVE BULLETIN Page 127 August 6, 2003

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### DEPARTMENT

### OF ENVIRONMENTAL QUALITY DocketNo. 58·0101·0301 Rules for the Control

### ofAirPollution in Idaho Proposed Rulemaking these rules are available atthe 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 3238http://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 ofImplementation Plans; Appendix W to Part 51--Guideline on Air QualityModels. 40 CFRParts 51 and 52 revised as ofJuly 1, 20O:J.3..**~** b. Implementation Plan for the Control ofAir Pollution in the State ofIdaho (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, Identification ofIntegral Vistas, Subsection a, 40 CFR Part 51.304(a), revised as ofJuly 1, 20O:J.3..**~** e. Approval and Promulgation ofImplementation Plans, 40 CFR Part 52, revised as ofJuly I, 20O:J.3..**~** f. Ambient AirMonitoring Reference and Equiva1ent Methods, 40 CFR Part 53, revised as ofJuly 1, 20O:J.3..**~** g. Ambient Air Quality Surveillance, Quality Assurance Requirements for Prevention ofSignificant Deterioration (pSD AirMonitoring), 40 CFR Part 58, Appendix B, revised as ofJuly 1, 20O:J.3..**~** h. Standards ofPerformance for New Stationary Sources, 40 CFRPart 60, revised asofJuly 1, 20O:J.3..**~** i. National Emission Standards for Hazardous Air Pollutants, 40 CFR Part 61, revised as ofJuly 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 ofJuly 1, 200:J.3.. (5 3 (3)L-.) k. Compliance Assurance Monitoring, 40 CFRPart 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. SulfurDioxide Allowance System, 40 CFR Part 73, revised as ofJuly 1, 20O:JJ..**~** n. Protection ofStratospheric Ozone, 40 CFR Part 82, revised as ofJuly 1, 200:J.3..**~** o. Clean Air Act, 42 U.S.C. Sections 7401 through 7671g (1997). (3-19-99)

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# -- .­ DEPARTMENT

### OF ENVIRONMENTAL QUALITY DocketNo. 58·0101-0301 Rules for the Controlof

### AirPollution in Idaho ProposedRulemaklng p. Determining Conformity ofFederal 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. orthe Federal Transit Laws, 40 CFR Part 93, Subpart A, Sections 93.100 through 93.129, revised as ofJuly 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.**~**

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# c

c LEGAL NOTICE Summary of Proposed Rulemakings
PUBLIC NOTICE OF INTENT

TO PROPOSE OR PROMULGATE NEW OR CHANGED AGENCY RULES The following agencies ofthe state ofIdaho have published the complete text and all related, pertinent information concerning their intent to change ormake 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 ofthe Idaho PreferredTM logo, defines eligible products, application procedures and participation fees for promotion ofIdahofood and agricultural products. Comment by: 8/27/03.
IDAPA 04

- OFFICE OFTHE ATTORNEY GENERAL P.O. Box 83720, Boise,ID 83720-0010 04·2001-0301, Rules Implementing theIdaho Tobacco Master SettlementAgreement ComplementaryAct. Rules are being adopted to enforce the Act. Commentby: 8/28/03.
IDAPA 07

- DIVISION OFBmLDING SAFETY 1090 E. Watertower St., Meridian, ID 83642 07.0201-0301, Rules GoverningRepealof ExistingPlumbingPermitRules. Repeal ofchapter. Commentby: 8/27/ 03. 07·0207·0301, Rules GoverningReadoption of Rules of PlumbingDivision. Repeal ofchapter. Comment by: 8/271 03.
IDAPA 08

- IDAHO STATE BOARDOFEDUCATION 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 OFREGISTRATION OF PROFESSIONAL ENGINEERSAND PROFESSIONAL LAND SURVEYORS 600 S. Orchard, SuiteA, 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 ofan engineering graduate; would allow a failing candidate access to a diagnostic analysis ofhis performance ifit 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. Commentby: 8/27/03. 10-0102·0301, Rules of ProfessionalResponsibility. 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. Commentby: 8/27/03.

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# , IDAHO ADMINISTRATIVE BULLETIN 

### Summaryof Proposed 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 GoverningEligibility forMedicaidforFamilies andChildren. 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 forAidto theAged, BlindandDisabled. Clarifies and extend eligibility for aid to qualified non-citizens in compliance with federal law. Commentby: 8/27/03. 

### 16-0308-0301, Rules Governing Temporary Assistancefor 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 otherconditions are met, may be eligible for medical services. Commentby: 8/27/03. 

### 16.03.09 , Rules Governing theMedicalAssistanceProgram. 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 highrisk: or in need ofemergency 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. Commentby: 8/27/03. 

### 16-0310-0302, Rules GoverningMedicaidProviderReimbursement 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. Commentby: 8/27/03. 

### 16-0320-0301, Rules Governing Electronic Payments ofPublic 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 ofa system error. Comment by: 8/27/03.
IDAPA 18- DEPARTMENT OFINSURANCE PO Box 83720,Boise, ID 83720-0043 

### 18-0115-0301, Fingerprinting ofAgents, 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 oftheir 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 inthe pilot project. Commentby: 8/27/03.

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# c

# c 

# , IDAHO ADMINISTRATIVEBULLETIN 

### Summaryof Proposed Rulemaklngs
39-0346-0301, Rules GoverningStudded Tires. Repeal ofchapter. Commentby: 

### 8/27/03.
IDAPA 58

- DEPARTMENT OFENVIRONMENTAL QUALITY 1410 N. Hilton, Boise,ID 83706-1255 58·0101-0301, Rules/orthe Control

## 0/ AirPollution in Idaho. Updates citations to federal regulations incorporated by reference to include those revised as ofJuly I, 2003 in accordance with the Clean Air. Commentby: 

### 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 ofTMDLs. Commentby: 

### 915/03. 58-0105-0301, Rules andStandards/or Hazardous Waste. Updates citations to federal regulations incorporated by reference to include those revised as ofJuly 1,2003; makes technical correctionsto corresponding federal regulations and clarifies definition ofDirector. Commentby: 

### 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. Commentby: 

### 9/3/03. 58-0123-0301, Rules

## 0/ AdministrativeProcedureBe/ore theBoard

## 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. Commentby: 

### 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 ofyour county can view all issues ofthe Idaho AdministrativeBulletin atthe countylawlibraries. 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 ofAdministration, 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

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# c

### CERTIFICATE OF HEARING
SUBJECT: Rules for the Control ofAir 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 ofAir Pollution in Idaho, Docket No. 58-0101-0301, atthe 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 ofthis 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 

# RECEIVED Paula J. Gradwohl Environmental Quality Section 

# JUl 22 2003 Attorney General's Office 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 JeffYoutz, 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; Fax334-2125

www2.state.id.us/legislat 

# MEMORANDUM

TO: Rules Review Subcommittee ofthe 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

- WaterQuality StandardsfWastewaterTreatmentRequirements IDAPA 58.01.05

- Rules and Standards for Hazardous Waste IDAPA58.01.08

- Rules for Public Drinking Water Systems IDAPA 58.01.23

- Rules ofAdministrative Procedurebefore Board of Environmental Quality 

### 1. IDAPA 58.01.01

- Rules for the Control ofAir Pollution in Idaho**.'~~"- ·-------~-l1re-Department_·of-EftVironmental-Quality-submits**  

### notice of proposedrulemaking at IDAPA 58.01.01

- Rules for the Control ofAir Pollution in Idaho. According to the Department, the changes reflect an annual updateto "maintain confonnance withEPA's regulations as well as fulfilling therequirements ofIdaho's delegation agreement with EPA under Section 112(1) ofthe Clean AirAct and 40 CFRPart70." Therule 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 HazardousAirPollutants (NESHAPS)." In addition, the address ofthe U.S. Printing Office (where copies offederal publications may be obtained) has been updated. TheDepartment has also confinned that the proposed rule does not regulate an activity notregulated by the federal government, nor is it broader in scope or more stringent than any federal regulations. Mike Nugent, Supervisor JeffYoutz, Supervisor Ray Ineck, Acting Supervisor Glenn Harris, Supervisor

Research & Legislation Budget & PolicyAnalysis Legislative Audits NetworkAdministration mnugent@lso.state.id.us jyoutz@lso.state.id.us rineck@lso.state.id.us gharris@lso.state.id.us

### Theproposedrulemaking appears to be authorized by Sections 39-105 and 39-107, Idaho Code. 2. IDAPA 58.01.02

- Water Ouality StandardslWastewaterTreatment Requirements The Department submits notice oftemporary and proposed rulemaking at IDAPA 58.01.02

- Water Quality StandardslWastewaterTreatment Requirements. According to the Department, the purpose oftherulemaking is "tomeet the requirements of40 CFR 131.1O(b) by setting water quality standards thatprotect designated uses in, and ensure attainment and maintenance ofthe water quality standards of, downstream waters in Oregon and to meetthe schedule for development ofTMDLs." In addition, a new section 285 has been added tothe water quality standard "toprovide 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 Departmentnotes that the Clean WaterAct requires states to adopt water quality standards that must be submitted to and approved bythe EPA. The federal regulations provide that a state, in designatinguses 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 waterquality standards differ from applicable Idaho water quality standards for dissolved oxygen. In order to meet the federal requirement, DEQhas proposed the rulemaking to adopt, as site-specific criteria, standards for dissolved oxygen that reflect Oregon's water quality standards. We contacted Departmentpersonnel 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 ofproposed 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 ofthe U.S. GovernmentBookstorewhere copies offederal regulations may be obtained. The Department has also attached a regulatory summary ofchanges 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 ormore stringentthan federal regulations. Theproposed 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 therule consistent with therecentWastewater Operator Certification Rules for definitions, certification requirements for systems, addition ofoptional voluntary certification, separate eligibility criteria for certifying treatment and distribution operators, length ofcertification 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 pursuantto Section 39-119, Idaho Code. Since the state took over certification ofoperators 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 complywith Section 39-119, Idaho Code, and to get something in place pending adoption ofthe 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 "toprotectpublic health and (to) compl(y) with deadlines in amendments to federal law." The Governor's office approved the temporary rule onthis 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. isnec.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. TheDepartment states (in Notices for both the temporary and proposed rules) that without a provision for the collection offees for certification (which constitutes a portion offunding for the certification program), the Department may not be able to certify current and new operators and verifythat 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 ratherthan the existingrule as presented, given the fact that the temporary rule wi1l be in effect beforethe proposed rule. The Department will coordinate this issue with the Office ofAdministrative Rules and modify the proposed rule ifnecessary.)
Page 3 of 4

### We contacted the Departmentto obtain several explanations which arenoted above. In addition, we indicated that there appears to be a typographical errorrelating to a reference in proposed IDAPA 58.01.08.003.87.d. Given the fact that deletion ofthe "Professional Growth Requirement" section ofthe rule is proposed, this subsection ofthe 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 ofdrinking 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 ofproposed 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 administrativerules that have been in place since 2001 to address some difficulties in implementation ofthe original rulesthat 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 ofinterlocutory 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 notregulate 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 underthe 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 ofAir Pollution in Idaho as presented in the attached Final Proposal.
I hereby certify that this action has been taken in compliance with Title 

### 67, Chapter 52, 

### Idaho Code. 

## /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 ofAir 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

DirectorApproval of Proposed Administrative Rules Form
Approval Received from DFM/Govemor
Legal Review of ProposedlTemporary Rule Docket

Director Approval of ProposedlTemporary Rule Docket

Board Adoption ofTemporary Rule Legal Review of PendinglTemporary Rule Docket

Director Approval of PendinglTemporary Rule Docket

Board Adoption of PendinglTemporary RuleDescriptive Summary of Rule as it was Initially Proposed: The Rules for Control ofAir 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 agreementwith EPA under Section 112(1) ofthe Clean AirAct and 40 CFR Part 70. This proposed rule updates citations to federal regulations incorporated by reference to include those revised as ofJuly 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 ofthe Second Regular Session ofthe 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 

### [ JNecessary to protect public health, safety or welfare [ ] Compliance with deadlines in amendments to governing law or federal programs 

### [ JConferring a benefit

Docket Number: 

### QB-Q1Q1-Q3Q1

Section Existing Rule Summary Outstanding Issues Summary of Rule Changes 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 ofJuly 

### 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 ofJuly 

### 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 adoptthe rule as initially proposed in the Idaho Administrative Bulletin, August 6, 2003, Vol. 03-8, pages 124through 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 ofthe Second Regular Session ofthe 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 ofthe state's Title V Operating Permit Program pursuant to 40 CFR Part 70 and fulfilling the requirements of Idaho's delegation agreementwith EPA under Section 112(1) ofthe Clean AirAcl DESCRIPTIVE SUMMARY: A detailed summary ofthe 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 rulemaking 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 ofOctober, 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.usTHEFOLLOWING ISTHETEXT OF DOCKET NO. 5s.o101-0301

008. DEFINITIONSFORTHE PURPOSES OF SECTIONS 300 THROUGH 386. 01. Affected States. All States: (5-1-94)


### a. Whose air quality may be affected by the emissions ofthe Tier I source and that are contiguous to Idaho; or (5-1-94) 

### b. That are within fifty (50) miles ofthe 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 ofthe following ifapproved 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 CFRParts 52.670 through 52.690. (5-1-94) b. Any term or condition ofany 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 orother requirement under 42 U.S.C. Section 7411 including 40 CFR Part 60; (5-1-94) 

### d. Any standard or other requirement under42 U.S.C. Section 7412 including 40 CFR Part 61 and 40 CFRPart63; (5-1-94)
e. Any standard or other requirement ofthe acid rain program under42U.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 otherrequirementunder 42 U.S.C. Sections 7671 through 7671q including40 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 ofa Phase II unit to represent the owner or operator in matters pertaining to the holding, transfer, or disposition of allowances allocated to aPhase II unit, and the submission ofand compliance with pennits,permit applications, and compliance plans for the Phase II unit. (5-1-94) OS. DraftPermit. The version ofa Tier I operatingpermit that is made available bythe 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 ofthe 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 ofpreventative maintenance, careless or improperoperation, oroperator 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 Ipermit 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. Forhazardous airpollutants: (3-23-98) i. The facility emits or has the potential to emit ten (10) tons per year (tpy) or more ofany 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 orproduction 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 ofany 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 orpump station shall notbe aggregated with emissions from other similar emission units within the facility. (5-1-94) 

### b. Fornon-attainment areas: (3-23-98) i. The facility is located in a "serious" particulate matter (PM-I0) nonattainment area and the facility has the potential to emit seventy (70) tpy ormore 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 ormore ofcarbon monoxide. (5-1-94)111. The facility is located in an ozone transport region established pursuantto42 U.S.C. Section 7511 c and the facility has the potential to emitfifty 

### (SO) tpy ormore ofvolatile organic compounds. (5-1-94) 

# - iv. The facility is located in an ozone nonattaimnent area and, depending upon the classification ofthe nonattaimnent area, the facility has the potential to emit the following amounts ofvolatile 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, 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 ofany 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 airpollutants that have been regulated for that category and only ifdetermined by rule by the Administrator ofEPA pursuant to Section 3020) ofthe Clean AirAct. (4-5-00) 11. Part 70. Unless specified otherwise in this chapter, all definitions adopted under 40 CFR Part 70, revised as ofJuly 1, 200.11. are hereby incorporated by reference.**~** 

### 12. PermitRevision. Any permit modification, administrative amendment or reopening. (3-19-99) 13. PhaseII Source. A sourcethat is subject to emissions reduction requirements of42 U.S.C. Section 7651 through 76510 and shall have the meaning given to it pursuantto those sections. (5-1-94) 14. Phase II Unit. A unit that is subject to emissions reduction requirements of42 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 ofa 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 orcontravene federally enforceable permit terms and conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements. (3-19-99) 17. TierI Operating Permit.Any permitcovering a TierI source that is issued, renewed, amended, or revised pursuant to Sections 300 through 386.

. (3-19-99)
(BREAKIN 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 ofthe state or ofthe 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 3238http://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 ofImplementation Plans; Appendix W to Part 5l--Guideline on Air Quality Models. 40 CFR Parts 51 and 52 revised as ofJuly 1,**2~.3.. ~**  b. Implementation Plan for the Control ofAir Pollution in the State ofIdaho (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 ofJuly 1,2002.3..**~.** e. Approval and Promulgation oflmplementation Plans, 40 CFR Part 52, revised as ofJuly 

### 1,2002.1.**~** f. Ambient Air Monitoring Reference and EquivalentMethods, 40 CFR Part 53, revised as ofJuly I, 

### 2002.1.**~** g. Ambient Air Quality Surveillance, Quality Assurance Requirements for Prevention ofSignificant Deterioration (pSD AirMonitoring), 40 CFR Part 58, Appendix B, revised as ofJuly 1,**2~.1. ~**  h. Standards ofPerformance for New Stationary Sources, 40 CFR Part 60, revised as ofJuly 1,**2~,.1. ~**  

### i. National Emission Standards for Hazardous Air Pollutants, 40 CFR Part 61, revised as ofJuly 1,**2002.3.~ ~**  j. National Emission Standards for Hazardous Air Pollutants for Source Categories, 40 CFR Part 63, revised as ofJuly 1, 

### 2002,.1.**~** k. Compliance Assurance Monitoring, 40 CFR Part 64,revised as ofJuly 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 ofStratospheric Ozone, 40 CFR Part 82, revised as ofJuly 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 ofFederal 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 ofJuly 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.**~**

# --- ':-­IDAHOADMINISTRATIVECODE IDAPA 58.01.01 

### Department ofEnvironmental Quality Rules for the Control of AirPollution in Idaho

as that attributed to the increase from the particular modification, and is federally enforceable at and after the time thatconstruction ofthe modification commences. (4-5-00)
c. The increase in toxic air pollutant emissions from an already operating or permitted source is not included inthe calculation ofthe netemissionsincrease for a proposed new source ormodification if: (5-1-95)
1. The alreadyopemtingorpennitted source commenced construction ormodificationpriortoJuly I, 1995; or (5-1-95) ii. The uncontrolled emissionmte from the already operatingorpermitted source istenpercent(10%) orless ofthe applicable screeningemissions 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 consentorder. (6-30-95) 07. PilotPlant. 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 whichdoes notproduce productsthatare offeredfor saleexceptin 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 ambientairquality standard by the required date. (4-5-00) 09. Seeondary Emissions. Emissions which would occur as a resultofthe construction, modification, oropemtion ofa stationary source orfacility, butdo notcome 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 wouldnotbeconstructed orincrease its emissions except as a resultofthe 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 under42 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 otherhealth based criteria, may be more susceptible to the deleterious effects ofa 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 nursinghomes. (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 oftoxic air pollutants that a particular source is capable ofmeeting by the application of control technology that is reasonably available, as determined by the Department, considering technological and economic feasibility. Ifcontrol technology is notfeasible, the emission standard maybe based on the application ofa design. equipment, workpmctice oroperationalrequirement, orcombination thereof. (5-1-94) 13. Visibility Impairment. Any humanly perceptible change in visibility (visual mnge, contrast, colomtion) from thatwhich would have existed under naturalconditions. (4-5-00) 008. DEFINITIONS FORTHE PURPOSES OFSECTIONS 300THROUGH 386. 01. Affected States. All States: (5-1-94)
B. Whose air quality may be affected by the emissions ofthe TierI source and that are contiguous to Page 22 lAC 2004IDAHOADMINISTRATIVECODE IDAPA 58.01.01 DepartmentofEnvironmental Quality Rules for the ControlofAirPollution in Idaho Idaho; or (5-1-94) 

### b. Thatare 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 ofthe following ifapproved orpromulgated by EPA as they apply to emissions units in a Tier I source (including requirements that have been promulgated through rulemaking atthe time ofpermit issuance butwhich 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 thatplan thatare specified in40 CPR Parts 52.670 through 52.690. (5-1-94) b. Any term or condition ofany 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 airpollutants are notapplicable requirements. (4-5-00)
c. Any standard orotherrequirement under 42U.S.C. Section 7411 including40 CPR Part 60; (5-1-94) 

### d. Any standard orotherrequirement under 42 U.S.c. Section 7412 including40CFRPart61 and 40 CFR Part 63; (5-1-94)
e. Any standard orotherrequirement ofthe 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 120through 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 otherrequirement for consumer and commercial products and tank. vessels, under 42U.S.C. Sections 7511b(e) and (t); and (5-1-94) i. Any standard orotherrequirement under42 U.S.C. Sections 7671 through 7671 q including40CFR 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 ofa 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 ofand compliance with penmts,permit applications, and compliance plans for the Phase II unit (5-1-94) 05. DraftPermit. The version ofa TierI operating permitthatismadeavailableby the Departmentfor public participation and affected Statereview. (5-1-94) 06. Emergency. Por the purposes ofSection 332, an emergency is any situation arising from sudden and reasonably unforeseeable events beyond the control of the owner or operator, including acts ofGnd, which situationrequires immediate corrective action torestore normal operation andthat causes theTierI source to exceed a technology-based emission limitation under the Tier I operating permitdue to unavoidable increases in emissions attributable to the emergency. An emergency shall not include noncompliance to the extent caused by improperly designed equipment, lack ofpreventative maintenance, careless orimproper operation, oroperatorerror. (4-5-00) Page23 lAC 2004IDAHOADMINISTRATIVE CODE IDAPA 58.01.01 Departmentof Environmental Quality Rules for the ControlofAirPollution In Idaho

07. Final Permit. The version of a Tier I pennit issued by the Department that has completed all review procedures required in Sections 364and 366. (5-1-94) 08. GeneralPermit. A Tier I pennitissuedpursuantto 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 ifthe facility meets any ofthe following criteria: (3-23-98)


### a. Forhazardous air pollutants: (3-23-98) i. The facility emits orhas the potential to emitten (10) tons per year (tpy) ormore ofany hazardous air pollutant. otherthan 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 notbe aggregated with emissions from other similar emission units within the facility. (5-1-94) ii. The facility emits orhas the potential to emit twenty-five (25) tpy or more ofany 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 orgaspipeline compressor orpump station shall notbe aggregated withemissions from other similaremission units within the facility. (5-1-94) 

### b. Fornon-attainmentareas: (3-23-98) i. The facility islocated ina "serious"particulate matter (PM-IO) nonattainment area and the facility hasthe potentialto emit seventy (70) tpy ormore ofPM-lO. (5-1-94) ii. The facility is located in a "serious" carbon monoxide nonattainment area in which stationary sources are significantcontributorstocarbon monoxide levels and the facility has the potentialto emit fifty (50) tpy ormore ofcarbon monoxide. (5-1-94)
111. The facility is located in an ozone transportregion established pursuantto 42U.S.c. Section 7511c and thefacility hasthe potential to emitfifty (50) tpy ormore ofvolatile organic compounds. (5-1-94) iv. The facility is locatedin 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'', onehundred (100) tpy ormore, ifthe area is "serious",fifty (50) tpy ormore, ifthe area is "severe",twenty-five (25) tpy ormore, and ifthe area is "extreme",ten (10) tpy ormore. (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) ofthe 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 airpollutantsthathave been regulated for thatcategory and only ifdetennined by rule by the Administrator ofEPA pursuantto 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, Page24 lAC 2004IDAHO ADMINISTRA77VECODE IDAPA 58.01.01 Department

### ofEnvironmental Quality Rules 

### for the Control

### ofAirPollution In Idaho revised as ofJuly I, 2003, arehereby incorporated byreference. (3-20-04) 12. PennitRevision. Any permitmodification, administrative amendmentor reopening. (3-19-99) 13. Phase IISource.A source thatis subjecttoemissions reductionrequirements of42U.S.C. Section 7651 through 76510 and shallhavethe meaning given to itpursuantto those sections. (5-1-94) 14. Phase II UDit. A unit that is subject to emissions reduction requirements of42 U.S.c. Sections 7651 through 76510 and the term shall have the meaning given to itpursuantto those sections. (5-1-94) IS. Proposed Permit. The version ofa permit that the Department proposes to issue and forwards to the EPAfor review. (5-1-94) 16. Section S02(b)(10) Changes. Changes that contravene an express permit term. Such changes do not include changes thatwould violate applicablerequirements orcontravene federally enforceable permitterms and conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements. (3-19-99) 17. TierI OperatingPennit.Any permitcovering a TierI source that is issued, renewed, amended, or revised pursuant to Sections 300through 386. (3-19-99) 009. DEFINITIONSFORTHE PURPOSES OF40 CFRPART 60. Notwithstanding the definitions listed in Sections 006 through 008, the definitions in 40 CFR Part 60 shall have the meaning given in thatPart, exceptthattheterm "Administrator" shall mean....Department". (5-1-94) 010. DEFINITIONS FORTHE PURPOSESOF40 CFRPART 61 AND 40 CFRPART63. Notwithstanding the definitions listed in Sections 006 through 008, the definitions in 40 CFR Part 61 and 40 CFR Part63 shall havethe meaning given in thoseParts, exceptthattheterm "Administrator" shall mean "Department". (5-1-94) OIl. DEFINITIONS FORTHE PURPOSES OFSECTIONS 790 THROUGH799. 01. BestManagementPractice. Thebestmanagementpractice (BMP) employedwithin an industryto 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 ofa standard ora provision ofthe rule. (3-15-02) 03. Nonmetallic Mineral Processing Plant. Any combination ofequipment that is used to crush or grind any nonmetallic mineral 

### orrockwherever itmay be located,includingequipmentlocated atlimeplants, power plants, steel mills, asphalt concrete plants, portland cement plants, or any other facility or location processing nonmetallicminerals. (3-15-02) 04. NSPS Regulated Facility Or Plant. A facility or processing plant that is subject to a standard, limitation, orother requirementof40 CPR 60, Standards forthe PerformanceofNew 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 specificrequirements for thattype ofsource. The source is then deemedto have a permit, thereby authorizing construction and operation without first obtaining a "Permitto Construct" asrequired in Section 20I. Operating in accordance with a "Permitby Rule" (PBR) does notrelieve the owner oroperator from complying with all applicablefederal, state, and localrules and regulations. (3-15-02) 06. Progressive Control Strategy. A sequence ofcontrol actions that when progressively employed can reduce the potential for violation ofa standard or a provision ofthe rules. Control actions, beginning with those early inthe sequence, shall beprogressively applied until an adequate level ofcontrol is achieved. (3-15-02) 07. Site OfOperations. The specificoperating location ofa nonmetallicmineral processingplant. Page25 lAC 2004IDAHO ADMINISTRATIVE CODE IDAPA 58.01.01 Department of Environmental Quality Rules for the ControlofAirPollution In Idaho (3-15

..02) 012. -105. (RESERVED). 106. ABBREVIATIONS. 01. AAe. Acceptable Ambient Concentration. (5-1-94) 02. AACC. AcceptableAmbient Concentration for a Carcinogen. (5-1-94) 03. ACGIH. American Conference ofGovernmentIndustrial 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 OELbased. (5-1-94) 08. LA. From LADept. ofEnvironmental Quality. Not OEL based eight (8) hourTWA. (5-1-94) 09. MA. From MA Dept. ofEnvironmental Protection, Div. ofAir Quality Control. Not OEL based. annual averaging time, no u£ (5-1-94) 10. MI. From MIDept. ofNatuml Resources, Air Quality Div. Based ontoxicological data, annual avo time, no u£ (5-1-94) 

### 11. NY. From New York Dept. ofConservation, Div. ofAir 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. ofAir Management Services. NotOEL 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. ofAirManagement Services. NotOEL based one (I) yr. Av. time, uf=: 10. (5-1-94) 16. PL3. From Phil. Dept. ofAir Management Services.NotOELbased, one (I)yr. avo time, uf=: 1000. (5-1-94) 17. TWA. Time WeightedAverage. (5-1-94) 

### 18. 

### UF. Uncertainty Factor. (5-1-94) 19. VRF. UnitRisk Factorfrom theUSEnvironmental ProtectionAgency. (5-1-94) 20. WA. FromWashington Dept. ofEcology, Air Programs. Acceptable Source ImpactLevelbased. (5-1-94) 107. INCORPORATIONS BY REFERENCE. 01. General. Unless expressly provided otherwise, any reference in these rules to any document Page 26 lAC 2004IDAHOADMINISTRAT1VE CODE IDAPA 58.01.01 Departmentof Environmental Quality Rules for the ControlofAirPollution in Idaho identified in Subsection 107.03 shall constitute the full incorporation into these rules ofthat 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 ofthe state or ofthe 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 atthe 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 documentsherein incorporated by reference: (7-1-97) i. Department ofEnvironmental Quality, 1410 N. Hilton, Boise, Idaho 83706-1255 at (208) 373­ 0502. (7-1-97) ii. StateLaw Library, 451 W. State Street, P.O. Box 83720, Boise, Idaho 83720-0051, (208) 334-3316. (7-1-97) 03. Documents IncorporatedBy Reference. The following documents are incorporated by reference into these rules: (5-1-94)
a. Requirements for Preparation, Adoption, and Submittal ofImplementation Plans; Appendix W to Part 51--Guideline onAirQuality Models. 40CFR Parts 51 and 52 revised as ofJuly I, 2003. (3-20-04) b. Implementation Plan for the Control ofAir Pollution in the State ofIdaho (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 ofIntegralVistas, Subsection a, 40 CFR Part 51.304(a), revised as ofJuly 1,2003.(3-20-04)
e. Approval andPromulgationofImplementationPlans, 40 CFRPart 52,revised as ofJuly 1,2003. (3-20-04) f. AmbientAir Monitoring Reference and Equivalent Methods, 40CFR Part 53,revised as ofJuly 1, 2003. (3-20-04) g. Ambient Air Quality Surveillance, Quality Assurance Requirements for Prevention ofSignificant Deterioration (PSD AirMonitoring), 40 CFR Part58,Appendix B, revised as ofJuly 1,2003. (3-20-04) h. Standards ofPerformance for New Stationary Sources, 40 CFRPart 60, revised as ofJuly 1,2003. (3-20-04) i. National Emission Standards for Hazardous Air Pollutants, 40 CFR Part 61, revised as ofJuly I, 2003. (3-20-04) j. National Emission Standards for Hazardous AirPollutants for Source Categories, 40 CFR Part 63, revised as ofJuly 1,2003. (3-20-04) k. ComplianceAssurance Monitoring, 40 CFR Part 64, revised as ofJuly 1,2003. (3-20-04) L Pennits, 40 CFR Part 72, revised as ofJuly 1,2003. (3-20-04)
Pagel7 lAC 2004IDAHOADMINISTRA11VE CODE IDAPA 58.01.01 Department

### of Environmental Qualify Rules forthe Control

### ofAirPollution in Idaho

m. SulfurDioxide Allowance System, 40CFR Part 73,revised asofJuly 1,2003. (3-20-04)


### n. Protection ofStrarospheric Ozone, 40 CPR Part 82,revised as ofJuly 1,2003. (3-20-04)
o. Clean AirAct, 42U.S.C. Sections 7401 through 7671g (1997). (3-19-99) p. Determining Conformity ofFederal Actions ro StateorFederal Implementation Plans: Conformity to State or Federal Implementation Plans ofTransportation Plans, Programs and Projects Developed, Funded or Approved Under Title 23 U.s.C. orthe Federal Transit Laws, 40 CFR Part 93, Subpart A, Sections 93.100 through 93.129, revised as ofJuly 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 airquality provisions ofthe Act, violate an airquality order issued or entered in accordance with the Act or these rules, or violate any ofthese rules, may be required by the Departmentto 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 periodoftime. (5-1-94) 02. Report. Submitperiodic reports to the Departmentindicatingprogress in achieving compliance. (5-1-94) 03. Records. Submit,keep andmaintain appropriate records. (5-1-94) 04. Monitoring. Monitor airpollutants atthe source, inthe ambient air, orin vegetationtodemonstrate 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 endangermentto health orthe environment. (5-1-94) 122. INFORMATION ORDERS BYTHEDEPARTMENT. The Departmentmay issue informationorders asfollows: (5-1-94) 01. Purpose. Forthepurpose of: (5-1-94)
a. Developing or assisting in the development of any implementation plan, any standard of performance, any emission standard orany rule; (5-1-94) b. Determining whether any person is in violation of any standard of performance, any emission standard, any implementationplan orany rule; or (5-1-94)
c. Carrying out any air quality provisions of the Act, any air quality order issued or entered in accordance withtheAct or rules, orany ofthese rules. (5-1-94) 02. Persons. The Departmentmay issue aninformation orderto any personwho: (5-1-94)
a. Owns oroperates any emission source; (5-1-94) b. Manufacturesemission control equipment; (5-1-94)
c. The Departmentbelieves may have information necessary to meetthe intentofthese rules; or (5-1-94) Page2S lAC 2004