Open Burning of Crop Residue 

State Implementation Plan (SIP) Revision 

Idaho Department of Environmental Quality 

July 2011 

Final 
Open Burning of Crop Residue State Implementation Plan (SIP) Revision 

July 2011 

FINAL 

i 

Table of Contents 

1. Introduction ............................................................................................................................. 1

1.1. Background ...................................................................................................................... 1

1.2. Public Comment, Hearing, and Authority ........................................................................ 1

2. Description of Temporary and Proposed Rule ........................................................................ 1

2.1. Spot and Baled Agricultural Residue Burn Permit .......................................................... 1

2.2. Propane Flaming Permit ................................................................................................... 2

2.3. General Provisions and Reporting Requirements ............................................................ 2

3. Effect of Temporary and Proposed Rule on Ambient Air Quality Protection in Idaho ......... 4

4. Request for U.S. Environmental Protection Agency Approval of this SIP Revision ............. 4

5. References ............................................................................................................................... 4

Appendix A: House Bill 40

Appendix B: Rule Docket Number 58-0101-1001

Appendix C: Public Comment

List of Tables 

Table 1. Rule change analysis for the open burning of crop residue 

(IDAPA 58.01.01.618–624) .............................................................................................. 5

List of Figures 

Figure 1. Visual estimation of 550 pounds of crop residue per acre ............................................... 3

Figure 2. Visual estimation of 790 pounds of crop residue per acre ............................................... 3
Open Burning of Crop Residue State Implementation Plan (SIP) Revision 

FINAL 

1 

1. Introduction 

This revision to Idaho’s State Implementation Plan (SIP) is submitted pursuant to Section 110 of 

the Clean Air Act (42 USC § 7410). 

1.1. Background 

The new crop residue burning rules have been in effect since 2008. After the second year of 

burning under the new rules, it became apparent that some smaller crop residue burns could and 

should be regulated differently than large-scale, high-fuel-content burns. This SIP revision 

addresses small fuel loading and small acreage burns, including propane flaming, spot burns, 

burns of 1 acre or less, and broken bale burns. 

The Idaho Department of Environmental Quality (DEQ or Department) determined that the 

administrative requirements on both the grower and DEQ for these types of burns were 

unnecessarily burdensome when compared to the minimal potential air quality impact. This SIP 

revision streamlines the administrative requirements for the growers and DEQ for these small 

burns while retaining the control measures necessary to ensure air quality protection. 

1.2. Public Comment, Hearing, and Authority 

DEQ initiated negotiated rulemaking in June 2010 to develop a streamlined process for small 

crop residue burns. The text of the rule was drafted by DEQ in conjunction with a negotiating 

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

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

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

State Department of Agriculture, tribes, public officials, and members of the public who have an 

interest in the regulation of air emissions. 

During the negotiated rulemaking, a necessary change to the Statute authorizing the crop residue 

burning program was identified. House Bill 40, included as Appendix A, was drafted and 

approved by the Legislature and signed by Governor Otter effective July 1, 2011. House Bill 40 

amends the existing law relating to the open burning of crop residue to provide an exemption to 

the fee requirement for propane flaming, as defined by the Rules for the Control of Air Pollution 

in Idaho (IDAPA 58.01.01). 

The resulting temporary rule was adopted by the DEQ Board of Environmental Quality on 

April 25, 2011. Pursuant to the Idaho Administrative Procedures Act, the rule docket was 

published in the Administrative Bulletin as a temporary and proposed rule on June 1, 2011 

(Idaho Code § 67-5221 and 67-5226). The complete rule docket is included in Appendix B. 

2. Description of Temporary and Proposed Rule 

The temporary and proposed rule establishes a streamlined process for small crop residue burns 

and alternative permitting methods. 

2.1. Spot and Baled Agricultural Residue Burn Permit 

The spot and baled agricultural residue burn permit is an annual permit (based on the calendar 

year) that DEQ issues to the grower for his entire farm (i.e., applies to multiple fields). The 

grower is required to submit a registration and fee. The permit will identify all the fields that are 
Open Burning of Crop Residue State Implementation Plan (SIP) Revision 

FINAL 

2 

covered by the annual permit. The grower is allowed to burn up to 1 acre or 2 tons of baled 

residue on any given designated burn day and no more than 10 acres or 20 tons of baled residue 

per year. DEQ will issue a physical permit to the grower that will include specific conditions in 

accordance with IDAPA 58.01.01.621.02. The grower must also comply with applicable general 

provisions and reporting requirements (see section 2.3 below). 

2.2. Propane Flaming Permit 

According to the temporary and proposed rule, the propane flaming permit only applies to the 

“use of flame-generating equipment to briefly apply flame and/or heat to the topsoil of a 

cultivated field of pre-emerged or plowed-under crop residue with less than 550 pounds of 

burnable, non-green residue per acre.” The permit does not require any registration or fee to be 

submitted. The permittee is deemed to have a permit by rule if he or she complies with the 

general provisions and recordkeeping requirements listed in section 2.3 below. DEQ will not 

issue a physical permit for propane flaming under the temporary and proposed rule. 

DEQ used the “Picture your Residue” brochure, published by the U.S. Department of 

Agriculture’s Soil Conservation Service, to estimate pounds of residue per acre (USDA 

SCS 1992). Figure 1 depicts a wheat field with 550 pounds of residue per acre. A field with less 

than this amount of residue would be allowed to be propane flamed under the propane flaming 

permit, while a field with more than this amount of residue would require a standard crop residue 

burning permit to be propane flamed. Figure 2 depicts a field with greater than the 550 pounds of 

burnable, non-green residue per acre. 

2.3. General Provisions and Reporting Requirements 

The general provisions and recordkeeping requirements, as stated in Section 624.04 in the 

temporary and proposed rule (Appendix B), apply to both the spot and baled agricultural residue 

burn permit and propane flaming permit and are included below. 

General Provisions 

 The permittee is responsible to ensure that adequate measures are taken so that the 

burn does not create a hazard for travel on a public roadway. 

 Burning is not allowed if the proposed burn location is within 3 miles of an institution 

with a sensitive population and the surface wind speed wind speed is greater than 

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

impact an institution with a sensitive population. 

 Burning shall not be conducted unless the Department has designated that day a burn 

day, which for the purposes of Section 624 may include weekends and holidays, and 

the permittee burns within the burn window provided on the Department’s website at 

www.deq.idaho.gov. Spot and baled agricultural residue burns shall not smolder and 

create smoke outside of the designated time period burning is allowed. 

Recordkeeping 

 Permittees shall record the date, time frame, type of burn, type of crop, and amount 

burned on the data of the burn. Records of such burns shall be retained for 2 years and 

made available to the Department upon request. 
Open Burning of Crop Residue State Implementation Plan (SIP) Revision 

FINAL 

3 

Figure 1. Visual estimation of 550 pounds of crop residue per acre 

Figure 2. Visual estimation of 790 pounds of crop residue per acre 
Open Burning of Crop Residue State Implementation Plan (SIP) Revision 

FINAL 

4 

3. Effect of Temporary and Proposed Rule on Ambient Air 

Quality Protection in Idaho 

DEQ conducted a rule change analysis (Table 1) to determine the effect of the temporary and 

proposed rule on air quality protection in Idaho. The rule change analysis compared the current 

open burning of crop residue rule to the temporary and proposed rule. DEQ evaluated whether a 

current requirement was still applicable. If a current requirement was changed or no longer 

applicable, DEQ evaluated the effect that change had on daily and annual emissions and overall 

air quality protection. 

The temporary and proposed rule only applies to spot or bale burning and propane flaming of 

fields with very little residue. The rule change does not result in an increase in daily or annual 

emissions because the burns addressed by the temporary and proposed rule would be conducted 

regardless of the rule change. 

The control measure for all open burning of crop residue is the burn approval criteria, IDAPA 

58.01.01.621.01. DEQ will be able to estimate the maximum amount of emissions from the 

burns permitted under the temporary and proposed rule and incorporate those emissions into the 

burn approval criteria (see Table 1 for details). This control measure is still applicable for the 

spot or bale burning and propane flaming of fields. 

The administrative changes included in the temporary and proposed rule will not result in an 

increase in daily or annual emissions (burns) nor affect the control measure (i.e., DEQ’s burn 

approval criteria) for the open burning of crop residue, as demonstrated by the rule change 

analysis (Table 1). Therefore, the temporary and proposed rule does not affect ambient air 

quality protection in Idaho. 

4. Request for U.S. Environmental Protection Agency 

Approval of this SIP Revision 

The information provided in this document, including House Bill 40 (Appendix A), the Rule 

Docket No. 58-0101-1001 (Appendix B), and the rule change analysis (Table 1), meets the 

requirements necessary to satisfy a SIP revision pursuant to Section 110 of the Clean Air Act. 

This SIP revision has been conducted in accordance with Idaho’s transparent crop residue 

burning program and resulted from an open negotiation process. Under this SIP revision, control 

measures and daily and annual allowable emissions remain unchanged. Thus, DEQ requests that 

the U.S. Environmental Protection Agency approve this SIP revision. 

5. References 

USDA SCS (U.S. Department of Agriculture, Soil Conservation Service). 1992. Picture your 

residue. SCS Crop Residue Management Brochure. Washington, DC: USDA SCS. 

SCS-CRM-02. 
Open Burning of Crop Residue State Imp

5 

Table 1. Rule change analysis for the open burning of crop residue (IDAPA 58.01.01.618–624) 

Current Rule 

Temporary and Proposed Rule 

Spot and Baled Agricultural Residue Propane Flaming 

618. Permit By Rule, General Requirements, Forms—All persons shall be deemed to have a permit by rule if they comply with all the provisions of Section 618 through 623. No person shall conduct an open burn of crop residue without obtaining the applicable permit by rule. 

618. (Modified)—Those persons applying for a spot burn, baled agricultural residue burn, or 

propane flaming permit shall comply with the provisions in Section 624. 

618. (Modified)—Those persons applying for a spot burn, baled agricultural residue burn, or propane flaming permit shall comply with the provisions in Section 624. 

619. Registration for Permit by Rule—All burning of crop residue is required to receive a permit by rule prior to burning. Applicant must provide location of property; applicant information; plot plan; type, acreage, and fuel characteristics of residue; preventative measures; and date of burning.

624.02.a (New) Registration and Fee Requirements—Annual registration is required—limited to 10 acres per year and 1 acre per day (624.02.a and b). Registration includes only location of property and applicant information. 

624.03 (New) Propane Flaming Permit—No registration is required. 

620. Registration Fee—Fees shall be paid at least 7 days prior to the proposed burn date. Rule provides the address where fees shall be sent. 

620. (Modified)—Refers readers to section 624.02.a for fee requirements for the spot and baled agricultural residue burn permit. 624.02.a (New) Registration and Fee Requirements—Nonrefundable fee of $20 paid at least 14 days prior to the date of the first proposed burn. 

620. (Modified)—Refers readers to section 624.02.a for fee requirements for the spot and baled agricultural residue burn permit. 624.03 (New) Propane Flaming Permit—Not applicable—no fee is required for propane flaming. 
Open Burning of Crop Residue State Imp

6 

Current Rule 

Temporary and Proposed Rule 

Spot and Baled Agricultural Residue Propane Flaming 

621. Burn Determination—Burning is allowed only if air quality levels are not expected to exceed 75% of any national ambient air quality standard and 80% of the 1-hour action criteria for particulate matter.

No change—this is still applicable. No change—this is still applicable. 

01. Burn Approval Criteria—the Department shall consider the following factors:

 Expected emissions of other 

burns 

 Proximity of other burns  Moisture content of residue  Meteorological conditions  Proximity to institutions with 

sensitive populations 

 Proximity to public roadways  Proximity to airports  Other relevant factors

No change—this is still applicable. This section identifies how DEQ makes burn decisions for all approved crop residue burns. DEQ will be able to estimate the maximum amount of burning under this permit from the number and location of permits issued under this process. This estimate will be used when DEQ makes all burn decisions for open burning of crop residue. 

No change—this is still applicable. This section identifies how DEQ makes burn decisions for all approved crop residue burns. DEQ will be able to estimate the maximum amount of smoke produced by propane flaming due to the 550 lb/acre of residue loading limit. DEQ will account for these expected emissions when making burn decisions for open burning of crop residue. 
Open Burning of Crop Residue State Imp

7 

Current Rule 

Temporary and Proposed Rule 

Spot and Baled Agricultural Residue Propane Flaming 

02. Notification of Approval—DEQ provides written notification of approval on its website with specific conditions.

624.02. (New) Spot and Baled Agricultural Residue Burn Permit—Permittee will receive a physical permit that is valid for the calendar year of issuance. This permit will include the requirements included in 621.02.a–d and will be posted on DEQ’s website. The permittee will not receive written approval for each individual burn; rather the permittee must burn on a designated burn day within the designated burn window and in accordance with all requirements on their annual permit. 

Approval not required, therefore this section is not applicable. 

622. General Provisions 01. Burn Provisions a. No burning on weekends, state or federal holidays, or after sunset or before sunrise 

624.04.c (New) Designated Burn Day—Permittee is allowed to burn on weekends and state or federal holidays if it is a designated burn day. 

624.04.c (New) Designated Burn Day—Permittee is allowed to burn on weekends and state or federal holidays if it is a designated burn day. 

b. Must burn on a designated burn day No change—this is still applicable. No change—this is still applicable. c. Must have a portable form of communication 

Not required Not required 

d. Burning must occur in field where residue was generated 

No change—this is still applicable. No change—this is still applicable. 
Open Burning of Crop Residue State Imp

8 

Current Rule 

Temporary and Proposed Rule 

Spot and Baled Agricultural Residue Propane Flaming 

e. Limitations on Burning—Permittee is required to extinguish fire or withhold additional material unless DEQ determines that the burn will not have an adverse impact on institutions with sensitive populations. 

624.04.b (New)—All burning 

under this permit has the following requirements: “Burning is not allowed if the smoke is adversely impacting or is expected to adversely impact an institution with a sensitive population.” 

624.04.b (New)—All burning under this permit has the following requirements: “Burning is not allowed if the smoke is adversely impacting or is expected to adversely impact an institution with a sensitive population.” 

f. Training Sessions—Required every five years 

No change—this is still applicable. No change—this is still applicable. 

g. Air Stagnation or Degraded Air Quality—No burning under these conditions 

No change—this is still applicable. No change—this is still applicable. 

h. Allowable Forms of Open Burning No change—this is still applicable. No change—this is still applicable. i. Additional Burn Permits No change—this is still applicable. No change—this is still applicable. j. Reporting to Department—Postburn reports must include burn date, burned acres, and location of acres burned. 

624.05 (New) Recordkeeping

—

The following postburn recordkeeping is required: date, time frame, type of burn, type of crop, and amount burned. This is required to be retained on site for 2 years. 

624.05 (New) Recordkeeping

—

The following postburn recordkeeping is required: date, time frame, type of burn, type of crop, and amount burned. This is required to be retained on site for 2 years. 

k. Specific Conditions—The open burning of crop residue shall be conducted in accordance with the specific conditions in the permittee’s permit by rule. (This requirement is added in the temporary and proposed rule.) 

Applicable as added in the temporary and proposed rule. 

Not required—these growers will not receive a physical permit. 
Open Burning of Crop Residue State Imp

9 

Current Rule 

Temporary and Proposed Rule 

Spot and Baled Agricultural Residue Propane Flaming 

02. Annual Report No change—this is still applicable. No change—this is still applicable. 03. Advisory Committee No change—this is still applicable. No change—this is still applicable. 623. Public Notification 01. Designation of Burn Days—DEQ shall designate for a given county or airshed burn or no-burn days.

No change—this is still applicable. No change—this is still applicable. 

02. Posting on Website—DEQ shall post daily on its website the following information: daily burn decision by county; location and number of acres permitted to be burned; meteorological conditions and any real-time air quality data; and a toll-free number to receive requests for information.

DEQ will post daily on its website the daily burn decision by county. This daily burn decision will include whether the given day is a burn day or not and the designated burn window. All spot and baled agricultural residue permits will be posted on DEQ’s website. 

DEQ will post daily on its website the daily burn decision by county. This daily burn decision will include whether the given day is a burn day or not and the designated burn window. A physical permit is not issued for propane flaming. Therefore, no permit will be posted on DEQ’s website. 

03. E-Mail Update Service No change—this is still applicable. No change—this is still applicable. 
Open Burning of Crop Residue State Implementation Plan (SIP) Revision 

FINAL 

Appendix A: House Bill 40 
HOUSE BILL 40 

Full Bill Information

Individual Links: 

 Bill Text 

 Statement of Purpose / Fiscal Note

H0040 by ENVIRONMENT, ENERGY, AND TECHNOLOGY COMMITTEE

ENVIRONMENTAL QUALITY - Amends existing law relating to the burning of crop residue to provide an

exception to the imposition of a specified fee.

 01/25 House intro - 1st rdg - to printing 

 01/26 Rpt prt - to Env

 02/03 Rpt out - rec d/p - to 2nd rdg 

 02/04 2nd rdg - to 3rd rdg

02/08 3rd rdg - PASSED - 66-0-4

AYES -- Anderson, Andrus, Barbieri, Barrett, Bateman, Bedke, Bell, Bilbao, Block, Bolz, 

Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, 

Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, 

Hartgen, Harwood, Higgins, Jaquet, Killen, King, Lacey, Lake, Luker, Marriott, 

McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, 

Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith

(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, 

Wills, Wood(27), Wood(35), Mr. Speaker 

NAYS -- None 

Absent and excused -- Bayer, Black, Henderson, Loertscher 

Floor Sponsor - Harwood

Title apvd - to Senate

 02/09 Senate intro - 1st rdg - to Agric Aff 

 03/01 Rpt out - rec d/p - to 2nd rdg 

 03/02 2nd rdg - to 3rd rdg

03/03 3rd rdg - PASSED - 34-0-1

AYES -- Andreason, Bair, Bilyeu, Bock, Broadsword, Cameron, Corder, Darrington, 

Davis, Fulcher, Goedde, Hammond, Heider, Hill, Keough, LeFavour, Lodge, Malepeai, 

McGee, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, 

Stegner, Stennett, Tippets, Toryanski, Vick, Werk, Winder 

NAYS -- None 

Absent and excused -- Brackett 

Floor Sponsor - Nuxoll

Title apvd - to House

 03/04 To enrol

 03/07 Rpt enrol - Sp signed

 03/08 Pres signed

 03/09 To Governor

 03/10 Delivered to Governor on 03/09 

03/11 Governor signed 

Session Law Chapter 51 

Effective: 07/01/11 

http://www.legislature.idaho.gov/legislation/2011/H0040PrinterFriendly.htm
	
  
   


   
    

! 
 
	  
"
!#


	 $!% &

$' !#
!(!) !
') ! *
!' *((

! *

 
!  
 $	
!!  *
" 
	+ (!! *! ,- &) 


 *)  "
# ! .*"!  
 ("!   "* %

 $  /0 1 2   2   023

 *! % 2 / ,- &) 02 *0) 1) 0 2 4  21

 400  0  53

 ,- &% "! $	
!!  *
" 
	% 6 7 2 8 1  /8

	 0  098 82/ /0 /0/9  / /8


 0)   / 0) /) 8  50  2

 1  51 4  8 1) /2 2   8 2:0

 /0  / ; <) 02 *0)    2 8 1 

 /0/0  //0/ 52 2 89  2 / 0 2 

 840 8  2 /28%

 67 *8 0 4  99 4 4  2 0

  29  99 4 80/0  00 /9

 9 84 6*
"7 0%

 6,7 2 8 1  /8 0 2 1 /0/0  2 0

	 52  5 0%  1 4  = 8/ 52 8889 4

 2 084% 2 084 2  889  1   04

 2 41  > 93

67  /0)   8/0  /0) 99 8/

 6?;@7  2 9    41  > 00  

 0) 0 2 9  8A/0  /  / 9  

 2  5 6&7 2+ 

 617 
9 /20)   /0  /2 0 8 ) 2 8

 / 6<@7  2  6 7 2 / /  8/ 4

 8  / ;;B  " ;<% % )   2 /  

	 8  02%


 2 084 2 4= 91  2 81/) 8  2 1) 

 4 0 2 0  2 1) /) / 0 /8 8  1

10%  2 / /44 0  1 4 2 5 2

 0 6)7 /   1 52 2 ) 2 0  

 /0 0  1 0 52 2 9 10  /:0

 1 2 0 /  /) 2) 8  889 2 1  2 0

 0 /) 2 084 2 /48   > 95 

  04 2 2 41  > 9  2 / 5 1 4%

 6&7     4  5 0 6C%7 8 /  1 10 2

	 1 80  2 084 8  1% 2  2  88 


 88 4)  00  2  840 8  2 /28

 % 2 084 2 4   >  2  )

52 2 08 2 4  2  0%
 	 






 	 
		
 	
 	  	
	
 	  
	 
  	


 
			
     
		
	
 	 	
   		 

		

 	
 	 
	  
 
	  		 	   	
	 

 ! "

		  
    

	 

		  #	 
  



 
 $
	

 %		
  &

	
 '


 !()*" +,+-)(.)

  
 !" # 	$"%  &''('
Open Burning of Crop Residue State Implementation Plan (SIP) Revision 

FINAL 

Appendix B: Rule Docket Number 58-0101-1001 
Idaho Administrative Bulletin Page 64 June 2, 2010 - Vol. 10-6

IDAPA 58 - DEPARTMENT OF ENVIRONMENTAL QUALITY

58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO

DOCKET NO. 58-0101-1001

NOTICE OF INTENT TO PROMULGATE RULES - NEGOTIATED RULEMAKING

AUTHORITY: In compliance with Section 67-5220, Idaho Code, and IDAPA 58.01.23, Rules of Administrative 

Procedure Before the Board of Environmental Quality, Sections 810 through 815, notice is hereby given that this 

agency intends to promulgate a rule and desires public participation before publishing a proposed rule. This 

rulemaking action is authorized by Sections 39-105, 39-107, and 39-114, Idaho Code.

METHOD OF PARTICIPATION: Those interested in participating in the negotiated rulemaking process are 

encouraged to attend the following meeting. For those who cannot participate by attending the meeting, information 

for submitting written comments is provided at the end of this notice.

MEETING SCHEDULE: The negotiated rulemaking meeting will be held as follows. Additional meetings may be 

scheduled if necessary. For information regarding participation by telephone or scheduling of additional meetings, 

contact the undersigned. Requests to participate by telephone must be made by June 28, 2010.

PRELIMINARY DRAFT: By June 2, 2010, a preliminary draft of the rule can be obtained at http://

www.deq.idaho.gov/rules/air/58_0101_1001_negotiated.cfm or by contacting Paula Wilson at 

paula.wilson@deq.idaho.gov, (208)373-0418.

DESCRIPTIVE SUMMARY: The new crop residue burning rules have been in effect since 2008. Upon completion 

of the second year of burning under the new rules, it became apparent that some smaller crop residue burns could and 

should be regulated under the rules differently than those large scale high fuel content burns. This rulemaking docket 

will address small fuel burns including, but not limited to, mint blanching, spot burns, burns of 5 acres or less, broken 

bales, and 5 to 10 acre pasture burns. Burn approval criteria and general provisions may also be revised.

The text of the rule will be drafted by DEQ in conjunction with a negotiating committee made up of persons 

having an interest in the development of this rule. Farmers desiring to burn crop residue, members of the regulated 

community who may be subject to Idaho's air quality rules as well as special interest groups, Idaho State Department 

of Agriculture, tribes, public officials, and members of the public who have an interest in the regulation of air 

emissions from sources in Idaho may be interested in participating in this rulemaking.

ASSISTANCE ON TECHNICAL QUESTIONS AND SUBMISSION OF WRITTEN COMMENTS: For 

assistance on questions concerning this rulemaking, contact Martin Bauer at (208) 373-0440, 

martin.bauer@deq.idaho.gov.

For those who cannot participate by attending the scheduled meeting, written comments may be submitted by 

mail, fax or e-mail at the address below. Written comments on the preliminary draft rule must be received by July 7, 

2010. For information regarding submission of written comments on subsequent drafts of the negotiated rule, to 

receive copies of submitted written comments, and to receive the most recent version of the draft negotiated rule, 

contact the undersigned.

Dated this 30th day of April, 2010.

Paula J. Wilson, Hearing Coordinator

Department of Environmental Quality

1410 N. Hilton, Boise, Idaho 83706-1255

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

paula.wilson@deq.idaho.gov

Wednesday, June 30, 2010 - 9:30 a.m. to 12:30 p.m. MDT

DEPARTMENT OF ENVIRONMENTAL QUALITY

Conference Room A

1410 N. Hilton, Boise, Idaho
Negotiated Rule Making: [X] Yes [1 No

Sign-in sheets attached

Costs To the Agency: This rule should reduce costs to the

agency as it is anticipated that smaller burns would not be

subject to the full process under the current crop residue

burning rules.

Costs To the Regulated Community: This rule should

reduce costs to the regulated community.

Relevant Statutes: Sections 39-1 05 and 39-107, Idaho Code, and

House Bill 40 (to be codified at Section 39-114, Idaho Code)

Idaho Code § 39-107D Statement: This rule does not regulate an

activity not regulated by the federal government, nor is it broader in

scope or more stringent than federal regulations.

Temporary Rule Justification: Pursuant to Section 67-5226(1)(c),

Idaho Code the Governor has found that temporary adoption of the

rule is appropriate in that the rules confers a benefit. Adoption of a

temporary rule enables farmers with small crop residue bums to burn

within a streamlined process under certain conditions.

Adoption of Section 624 does not in itself authorize the open burning

of crop residue in Idaho. Before burning under Section 624 can be

conducted, several actions must take place, including development of

a revised State Implementation Plan (SIP) and approval of the SIP by

the U.S. Environmental Protection Agency (EPA). Prior to EPA SIP

approval, those desiring to conduct spot burns, baled agricultural

residue burns or propane flaming must obtain a permit by rule in

accordance with Sections 618 through 623. Contact DEQ before

burning.

Fiscal Impact Statement: The following is a specific description,, if

applicable, of any negative fiscal impact on the state general fund

greater than ten thousand dollars ($10,000) during the fiscal year:

Not applicable.

Docket Number: 58-0101-1001 Public Notice

Effective Date: 7/1/Il — ternDorarv rule Hearings: N/A [ ]Yes [1 No

Rules Title: Rules for the Control of Air Pollution in Idaho Locations and Dates: N/A

Agency Contact and Phone: Mary Anderson, 373-0202 Written Comment Deadline: N/A

Descriptive Summary of Rule:

The new crop residue burning rules have been in effect since 2008. Upon completion of the

second year of burning under the new rules, it became apparent that some smaller crop

residue burns could and should be regulated under the rules differently than those large scale

high fuel content burns. This rule sets out provisions for obtaining spot bum, baled agricultural

residue burn, and propane flaming permits.

DEQ recommends that the Board adopt the rule, as presented under Docket No. 58-0101-

1001,as a temporary rule with an effective date of July 1,2011,

Rulemaking and Public Comment Summary - Page 1
Temporary Rule [] Necessary to protect public health, safety or welfare

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

[X] Conferring a benefit

Docket Number 58-0101-1001

Section Section Title Summary of Rule Changes Based on Public Comment

617 Crop Residue Disposal. N/A

618 Permit by Rule. N/A

619 Registration for Permit by Rule. N/A

620 Registration Fee. N/A

621 Burn Determination. N/A

622 General Provisions. N/A

623 Public Notification. N/A

624 Spot Burn, Baled Agricultural Residue Burn, and Propane N/A

Flaming_Permits.

Rulemaking and Public Comment Summary - Page 2
MEETING SIGN-IN SHEET

Meeting Title: NEGOTIATED RULEMAKING

Rules for the Control ofAir Pollution in Idaho, Docket No. 58-0101-1001

Meeting Date and Location: 6/30/10 — Boise, Idaho

Phone participation: 373-0101/bridge 1

t

Phone participation:

Andrea Boyer

Julie Simpson

Kevin Greenleaf

Lester Higgins

Michael McGown

Donna Deneen

Mark Boyle

Clayton Steele

Oec~f Robrnsoh

Nez Perce Tribe

Nez Perce Tribe

Kootenai Tribe

Coeur d’Alene Tribe

EPA

EPA

DEQ

DEQ

-‘~ f t%t CO fl..

ro~°rtFatnykh~~~

9e0’ye. Q ayr,. IJ44yoLø

• .c7-r,f~ 2~E~’rDMO - V

_______ ~~~eJ
6/~/’° &~

Name AfYiliaticn E-Mail A the.

r~ s-y,cje 4c&,s~cfli~-e ipi~ici<1Ø

.irn 4t-s2tn~v”

Dc\e

4~&i 7AFtfl4~ ,ç~

ztL~ -~ ~ *&~€~-e ,~AO,Q6 9’

/~Q~ L4-Cc ~

~ E~/I~ Th~

Moi&~ l3tzt4 W ê~’ ~ LLc
Name Affiliation Ad ss

VA-crc

MARC ,CLQ,cHcfz

/Cz

4~r Qua-Ldj

‘A

IAVC c~vr?.

U3J\~ect

NARC~

EQ.

fS’cxc~@ CthltQ)L- Ctt’-~

k RQ~ti~c(

4k~dxscm\

≤eev:cs≤ C

A~’c oot-QJ~

~1j4~r,JShCi& j

P?’ ~ JAle
MEETING SIGN-IN SHEET

Meeting Title: NEGOTIATED RULEMAKING

Rules for the Control of Air Pollution in Idaho, Docket No. 58-0101-1001

Meeting Date and Location: 8/10/10 — Boise, Idaho

Phone participation: 373-0101/bridge 2

Nanie

Phone participation:

Andrea Boyer Nez Perce Tribe

Julie Simpson Nez Perce Tribe

Kevin Greenleaf Kootenai Tribe

Michael McGown EPA

Mark Boyle DEQ

Joe Anderson IGPA

~4JUd~n\

~ ~i Q

baa
N

Li~ C~/!~O~ OAR(~

Mad& ~tq-€~4 Jr

~ /-‘?€ sceJ~ nt~I itç Z~’

p~( OI~E~3 U.~

A ~

c? &~‘cn. co.~ fr~P44r ~ r

A~J
$~*o//o 7~?7~f

me 0

&&~J k%~tr e ,dZAa,~.

G ~ s~h 4 Georc~~ ‘7 14L.

~ICILy Nczperca

3’4vr avi~Z SVMMCqS NW MARC FLJFic/4cr~ /~1ARc. fLe;ci4cg € Gi%~jt. (ott’

~

j~i~i-~ ~5~0tj~ OLL~cZbkburn e LC~OJICCOiI5WLk4IO~ •~

butn
MEETING SIGN-IN SHEET

Meeting Title: NEGOTIATED RULEMAKING

Rules for the Control of Air Pollution in Idaho, Docket No. 58-0101-1001

Meeting Date and Location: 9/23/10 — Boise, Idaho

Phone participation: 373-0101/bridge 1

Phone participation:

Andrea Boyer Nez Perce Tribe

Julie Simpson Nez Perce Tribe

Kevin Greenleaf Kootenai Tribe

Mark Boyle DEQ

Clayton Steele DEQ

Joe Anderson IGPA

~q$rç V4cu1Tht~ 4LM&\~roks EHt~aoL(zfl%-1⁄4

?aUt&ca kc&41c_ pdtl3one 9w4i) .

eo*~ U~3Rb~~ ~U)~3hLx~~& S~a~n~aoa4~n.
Na~•e .~ss

MA2 Sos NV’)

MC67OLxIAJ SPA MC4ow,J.M1CR&€L-CCPA~G,oV

~ i~krpen Prc~rte crass Gro~ers

Ic/attic 4~/~e Se.i~Lcn’~ikc9 aniy4/ahc .ce~1

6ro~.~c~r5

Gee is’øA

,V4J~~1 ,4fotkaQan ro~er&&y//aZ. 4

~

~ £eecL /h&kc~eekL~ ~seeS
9/23//c

Name

ti~ ~

Ctt~P .574-7t o,5rzcSE

&rI g~n431~I ~o;c:~

uJ~ ~cos-z_ so
BY THE BOARD OF ENVIRONMENTAL QUALITY

ADOPTION OF TEMPORARY RULE

DOCKET NO. 58-0101-1001

Pursuant to the authority granted to the Board of Environmental Quality in Title 39, Chapter 1, Idaho Code, and under the provisions for temporary rule adoption contained in Section 67-5226, Idaho

Code, I declare that the following rule sections contained in IDAPA 58.01.01, the Rules for the Control of

Air Pollution in Idaho, are hereby adopted as temporary rules.

IDAPA 58.01.01

Section 617 ADOPT AS PRESENTEDSection 618 ADOPT AS PRESENTEDSection 620 ADOPT AS PRESENTED

Section 622 ADOPT AS PRESENTEDSection 623 ADOPT AS PRESENTEDSection 624 ADOPT AS PRESENTED

I hereby certify that this action has been taken in compliance with Titie 67, Chapter 52, Idaho Code.

Nick Purdy, Chairman

STATE OF IDAHO

ss.

County of Ada

On this 2591 day of April, 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared Nick Purdy, 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 Publi’ for ‘ahoResiding at: 4, 1 Expires: ~
Idaho Administrative Bulletin Page 64 June 1, 2011 - Vol. 11-6

IDAPA 58 - DEPARTMENT OF ENVIRONMENTAL QUALITY

58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO

DOCKET NO. 58-0101-1001

NOTICE OF RULEMAKING - TEMPORARY AND PROPOSED RULE

EFFECTIVE DATE: The temporary rule is effective July 1, 2011. 

AUTHORITY: In compliance with Sections 67-5221(1) and 67-5226(1), Idaho Code, notice is hereby given that the 

Board of Environmental Quality has adopted a temporary rule and the Department of Environmental Quality is 

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

Bill 40 (to be codifed at Section 39-114, Idaho Code). 

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

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

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

DESCRIPTIVE SUMMARY: The new crop residue burning rules have been in effect since 2008. Upon completion 

of the second year of burning under the new rules, it became apparent that some smaller crop residue burns could and 

should be regulated under the rules differently than those large scale high fuel content burns. This temporary/

proposed rule sets out provisions for obtaining spot burn, baled agricultural residue burn, and propane flaming 

permits. 

Farmers desiring to burn crop residue, members of the regulated community who may be subject to Idaho's air 

quality rules as well as special interest groups, Idaho State Department of Agriculture, tribes, public officials, and 

members of the public who have an interest in the regulation of air emissions from sources in Idaho may be interested 

in commenting on this proposed rule. 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 October 2011 for adoption of a pending rule. The pending rule is expected to become final 

and effective upon adjournment of the 2012 legislative session if adopted by the Board and approved by the 

Legislature.

DEQ will submit the final rule to the United States Environmental Protection Agency to be included in the State 

Implementation Plan as required by Section 110 of the Clean Air Act.

TEMPORARY RULE JUSTIFICATION: Pursuant to Section 67-5226(1)(c), Idaho Code, the Governor has found 

that temporary adoption of the rule is appropriate in that the rule confers a benefit. Adoption of a temporary rule 

enables farmers with small crop residue burns to burn within a streamlined process under certain conditions.

Adoption of Section 624 does not in itself authorize the open burning of crop residue in Idaho. Before burning 

under Section 624 can be conducted, several actions must take place, including development of a revised State 

Implementation Plan (SIP) and approval of the SIP by the U.S. Environmental Protection Agency (EPA). Prior to 

EPA SIP approval, those desiring to conduct spot burns, baled agricultural residue burns, or propane flaming must 

obtain a permit by rule in accordance with Sections 618 through 623. Contact DEQ before burning.

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

July 7, 2011, 3:30 p.m. 

Department of Environmental Quality

Conference Room B

1410 N. Hilton, Boise, Idaho
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-1001

Control of Air Pollution in Idaho Temporary and Proposed Rulemaking

Idaho Administrative Bulletin Page 65 June 1, 2011 - Vol. 11-6

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

NEGOTIATED RULEMAKING: The text of the rule has been drafted based on discussions held and concerns 

raised during negotiations conducted pursuant to Section 67-5220, Idaho Code, and IDAPA 58.01.23.810-815. On 

June 2, 2010, the Notice of Negotiated Rulemaking was published in the Idaho Administrative Bulletin, Vol. 10-6, 

page 64, and a preliminary draft rule was made available for public review. Meetings were held on June 30, August 

10, and September 23, 2010. Several members of the public participated in this negotiated rulemaking process by 

attending the meetings and by submitting written comments. A record of the negotiated rule drafts, written public 

comments received, and documents distributed during the negotiated rulemaking process is available at http://

www.deq.idaho.gov/rules/air/58_0101_1001_temporary_proposed.cfm.

INCORPORATION BY REFERENCE: Pursuant to Section 67-5229(2)(a), Idaho Code, the following is a brief 

synopsis of why the incorporation by reference is necessary: Not applicable.

FISCAL IMPACT STATEMENT: The following is a specific description, if applicable, of any negative fiscal 

impact on the state general fund greater than ten thousand dollars ($10,000) during the fiscal year when the pending 

rule will become effective: Not applicable.

ASSISTANCE ON TECHNICAL QUESTIONS AND SUBMISSION OF WRITTEN COMMENTS: For 

assistance on questions concerning the negotiated rulemaking, contact Mary Anderson at (208)373-0202, 

mary.anderson@deq.idaho.gov.

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 July 7, 2011.

DATED this 26th day of April, 2011.

Paula J. Wilson

Hearing Coordinator

Department of Environmental Quality

1410 N. Hilton/Boise, Idaho 83706-1255

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

paula.wilson@deq.idaho.gov

THE FOLLOWING IS THE TEXT OF THE TEMPORARY RULE AND THE

PROPOSED RULE TEXT FOR DOCKET NO. 58-0101-1001

617. CROP RESIDUE DISPOSAL.

The open burning of crop residue on fields where the crops were grown is an allowable form of open burning if 

conducted in accordance with Section 39-114, Idaho Code, and Sections 618 through 6234 of these rules.

(5-8-09)(7-1-11)T

618. PERMIT BY RULE.

01. General Requirements. All persons shall be deemed to have a permit by rule if they comply with 

all the provisions of Sections 618 through 6234. No person shall conduct an open burn of crop residue without 

obtaining the applicable permit by rule. Those persons applying for a spot burn, baled agricultural residue burn, or 

propane flaming permit shall comply with the provisions in Section 624. The permit by rule does not relieve the 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-1001

Control of Air Pollution in Idaho Temporary and Proposed Rulemaking

Idaho Administrative Bulletin Page 66 June 1, 2011 - Vol. 11-6

applicant from obtaining all other required permits and approvals required by other state and local fire agencies or 

permitting authorities. (5-8-09)(7-1-11)T

02. Forms. The Department shall provide the appropriate forms to complete the permit by rule. Forms 

may be available at the Department offices or on the Department website. (5-8-09)

(BREAK IN CONTINUITY OF SECTIONS)

620. REGISTRATION FEE.

01. Payment of Fee. The permit by rule registration fee set out in Section 39-114, Idaho Code, shall be 

paid in its entirety at least seven (7) days prior to the proposed burn date. See also Subsection 624.02.a. for 

registration and fee requirements for burning under a spot and baled agricultural residue burn permit. The permit by 

rule registration form and fee should be sent to:

Crop Residue Burning Registration Fees

Fiscal Office

Idaho Department of Environmental Quality

1410 N. Hilton, Boise, ID 83706-1255 (5-8-09)(7-1-11)T

02. Effect of Payment. Payment of the registration fee does not imply authorization or approval to 

burn. (5-8-09)

(BREAK IN CONTINUITY OF SECTIONS)

622. GENERAL PROVISIONS.

01. Burn Provisions. All persons in Idaho intending to dispose of crop residue through burning shall 

abide by the following provisions: (5-8-09)

a. Burning Prohibitions. Burning of crop residue shall not be conducted on weekends, federal or state 

holidays, or after sunset or before sunrise; (5-8-09)

b. Designated Burn Day. Burning of crop residue shall not be conducted unless the Department has 

designated that day a burn day and the permittee has received individual approval specifying the conditions under 

which the burn may be conducted; (5-8-09)

c. Portable Form of Communication. The person conducting the burning must have on their 

possession a portable form of communication such as a cellular phone or radio of compatible frequency with the 

Department in order to receive burn approval information or information that might require measures to withhold 

additional material such that the fire burns down; (5-8-09)

d. Location of Field Burning. Open burning of crop residue shall be conducted in the field where it 

was generated; (5-8-09)

e. Limitations on Burning. When required by the conditions of the notice of approval to burn, the 

permittee burning in proximity to institutions with sensitive populations shall immediately extinguish the fire or 

withhold additional material such that the fire burns down, unless the Department determines that the burn will not 

have an adverse impact on such institutions; (5-8-09)

f. Training Session. All persons intending to burn crop residue shall attend a crop residue burning 

training session provided by the Idaho Department of Environmental Quality or the Idaho State Department of 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-1001

Control of Air Pollution in Idaho Temporary and Proposed Rulemaking

Idaho Administrative Bulletin Page 67 June 1, 2011 - Vol. 11-6

Agriculture and shall attend a crop residue disposal refresher training session every five (5) years; (5-8-09)

g. Air Stagnation or Degraded Air Quality. All field burning shall be prohibited when the Department 

issues an air quality forecast and caution, alert, warning or emergency as identified in Section 552 of these rules;

(5-8-09)

h. Allowable Forms of Open Burning. The use of reburn machines, propane flamers, or other portable 

devices to ignite or reignite a field for the purposes of crop residue burning shall be considered an allowable form of 

open burning. Tires and other restricted material described in Subsection 603.01, of this rule, are not allowed for 

ignition of fields; (5-8-09)

i. Additional Burn Permits. All persons intending to burn crop residue shall obtain any additional 

applicable permits from federal, state or local fire control authorities prior to receiving approval from the Department 

to burn crop residue; and (5-8-09)

j. Reporting to the Department. All persons burning crop residue shall report to the Department the 

date burning was conducted, the actual number and location of acres burned, and other information as required by the 

Department. The Department may restrict further burning by a permittee until completed burns are reported.

(5-8-09)

k. Specific Conditions. The open burning of crop residue shall be conducted in accordance with the 

specific conditions in the permittee’s permit by rule. (7-1-11)T

02. Annual Report. The Department shall develop an annual report that shall include, at a minimum, 

an analysis of the causes of each exceedance of a limitation in Section 621 of this rule, if any, and an assessment of 

the circumstances associated with any reported endangerment to human health associated with a burn. The report 

shall include any proposed revisions to these rules or the Crop Residue Operating Guide deemed necessary to prevent 

future exceedances. (5-8-09)

03. Advisory Committee. The Department will assemble an advisory committee consisting of 

representatives from environmental organizations, farming organizations, health organizations, tribal organizations, 

the Idaho State Department of Agriculture, the Idaho Department of Environmental Quality, and others to discuss 

open burning of crop residue issues. (5-8-09)

623. PUBLIC NOTIFICATION.

01. Designation of Burn Days. The Director or his designee shall designate for a given county or 

airshed within a county burn or no-burn days. (5-8-09)

02. Posting on Website. The Department shall post daily on its website (www.deq.idaho.gov):

(5-8-09)(7-1-11)T

a. Whether a given day is a burn or no-burn day; (5-8-09)

b. The location and number of acres permitted to be burned; (5-8-09)

c. Meteorological conditions and any real time ambient air quality monitoring data; and (5-8-09)

d. A toll-free number to receive requests for information (1-800-345-1007). (5-8-09)(7-1-11)T

03. E-Mail Update Service. The Department shall provide an opportunity for interested persons to 

sign up to receive automatic e-mail updates for information regarding the open burning of crop residue. (5-8-09)

624. (RESERVED) SPOT BURN, BALED AGRICULTURAL RESIDUE BURN, AND PROPANE 

FLAMING PERMITS. Note: Adoption of Section 624 does not in itself authorize the open burning of crop residue in Idaho. Before 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-1001

Control of Air Pollution in Idaho Temporary and Proposed Rulemaking

Idaho Administrative Bulletin Page 68 June 1, 2011 - Vol. 11-6

burning under Section 624 can be conducted, several actions must take place, including development of a revised 

State Implementation Plan (SIP) and approval of the SIP by the U.S. Environmental Protection Agency (EPA). Prior 

to EPA SIP approval, those desiring to conduct spot burns, baled agricultural residue burns, or propane flaming must 

obtain a permit by rule in accordance with Sections 618 through 623. Contact DEQ before burning. (7-1-11)T

01. Applicability. (7-1-11)T

a. Spot Burn. A spot burn includes no more than one (1) acre of evenly distributed crop residue or two 

(2) tons of piled crop residue. The open burning of weed patches, spots of heavy residue, equipment plugs and dumps, 

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

rows. (7-1-11)T

b. Baled Agricultural Residue Burn. An open burn used to dispose of broken, mildewed, diseased, or 

otherwise pest-ridden bales still in the field where they were generated. (7-1-11)T

c. Propane Flaming. The use of flame-generating equipment to briefly apply flame and/or heat to the 

topsoil of a cultivated field of pre-emerged or plowed-under crop residue with less than five hundred fifty (550)

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

(7-1-11)T

02. Spot and Baled Agricultural Residue Burn Permit. (7-1-11)T

a. Registration and Fee Requirements. Any person applying for a spot and baled agricultural residue 

burn permit under Section 624 shall provide the registration information listed in Subsections 619.01 and 619.02 and 

pay a nonrefundable fee of twenty dollars ($20) to the Department (see Section 620) at least fourteen (14) days prior 

to the date the applicant proposes to conduct the first burn of the calendar year. (7-1-11)T

b. Term and Acreage. A spot and baled agricultural residue burn permit is valid for the calendar year 

in which it is issued and is good for a cumulative total of no more than ten (10) acres of spots and/or equivalent piled 

or baled agricultural residue during the year and no more than one (1) acre of spots and/or equivalent piled or baled 

agricultural residue per day. Two (2) tons of piled or baled agricultural residue is assumed to be equivalent to one (1)

acre. (7-1-11)T

03. Propane Flaming Permit. Persons conducting propane flaming as defined under Subsection 

624.01.c. shall be deemed to have a permit by rule if they comply with the applicable provisions in Subsections 

624.04 and 624.05. (7-1-11)T

04. General Provisions. All persons intending to burn under Section 624 shall comply with the 

provisions of Subsections 622.01.c., 622.01.d., 622.01.f., through 622.01.i., and 622.01.k. in addition to the 

following: (7-1-11)T

a. The permittee is responsible to ensure that adequate measures are taken so the burn does not create 

a hazard for travel on a public roadway. (7-1-11)T

b. Burning is not allowed if the proposed burn location is within three (3) miles of an institution with 

a sensitive population and the surface wind speed is greater than twelve (12) miles per hour or if the smoke is 

adversely impacting or is expected to adversely impact an institution with a sensitive population. (7-1-11)T

c. Designated Burn Day. Burning shall not be conducted unless the Department has designated that 

day a burn day, which for purposes of Section 624 may include weekends and holidays, and the permittee burns 

within the burn window provided on the Department’s website at www.deq.idaho.gov. Spot and baled agriculture 

residue burns shall not smolder and create smoke outside of the designated time period burning is allowed.

(7-1-11)T

05. Recordkeeping. Permittees shall record the date, time frame, type of burn, type of crop, and 

amount burned on the date of the burn. Records of such burns shall be retained for two (2) years and made available 

to the Department upon request. (7-1-11)T
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-1001

Control of Air Pollution in Idaho Temporary and Proposed Rulemaking

Idaho Administrative Bulletin Page 69 June 1, 2011 - Vol. 11-6
Open Burning of Crop Residue State Implementation Plan (SIP) Revision 

FINAL 

Appendix C: Public Comment 
Open Burning of Crop Residue State Implementation Plan (SIP) Revision 

FINAL 

The Idaho Department of Environmental Quality (DEQ) provided the public with reasonable 

notice and a public hearing on this State Implementation Plan revision. Legal notice announcing 

a public comment period of June 1–July 7, 2011, with a public hearing on July 7, 2011, was 

posted in the following major newspapers throughout the state on June 1, 2011: 

 Coeur d’Alene Press—Coeur d’Alene, Idaho 

 Times News—Twin Falls, Idaho 

 Post Register—Idaho Falls, Idaho 

 Idaho Statesman—Boise, Idaho 

 Idaho State Journal—Pocatello, Idaho 

 Lewiston Tribune—Lewiston, Idaho 

Included in this appendix is a copy of the legal notice posted in the Coeur d’Alene Press. All 

legal notices contained the same language. DEQ also posted a news release (also included in this 

appendix) on DEQ’s website on June 1, 2011, announcing the public comment period and public 

hearing. DEQ held a public hearing on July 7, 2011. The Certificate of Hearing and sign-in roster 

are included in this appendix as well. 

 

Protecting Public Health and the Environment. Contact DEQ Environmental Concerns PRR Online Idaho.gov

Media Contact 

Smoke Management Program Coordinator

Mary Anderson 

DEQ State Office 

Air Quality Division 

1410 N. Hilton 

Boise, ID 83706 

(208) 373-0202 

mary.anderson@deq.idaho.gov

Related Documents 

Draft SIP Revision

PRR Online Contact DEQ Environmental Concerns Glossary Acronyms Site Map Idaho.gov

Accessibility Privacy & Security Copyright © 2011 State of Idaho, All rights reserved. 

Find it Fast 

Pick a Topic

Department of

Environmental Quality

About DEQ

Regional Offices 

& Issues

News & Public 

Comments & 

Events

News Archives

Public Comment 

Opportunities

DEQ Calendar

Air Quality

Water Quality

Waste Mgmt & 

Remediation

INL Oversight

Permitting

Pollution 

Prevention

Assistance & 

Education

Laws, Rules, Etc.

DEQ seeks comment on proposed 

revision to state air quality plan for 

crop residue burning impacting small 

crop burns 

Wednesday, June 01, 2011 

BOISE — The Idaho Department of Environmental Quality (DEQ) is seeking public 

comment on a proposed revision to the air quality State Implementation Plan 

(SIP) that would streamline the requirements under which small crop residue 

burns may be conducted in Idaho. 

"In the two-plus years that our crop residue burning rules have been in effect, it 

has become apparent that the requirements are unnecessarily burdensome for 

small-scale crop residue burns compared to the potential impact of this type of 

burning on air quality," said DEQ’s Smoke Management Program Coordinator 

Mary Anderson. 

"Our goal is to streamline the administrative requirements for growers and DEQ 

while retaining the control measures necessary to ensure air quality protection," 

she said. 

A public hearing on the proposed SIP revision will be held at 3:30 p.m., 

Thursday, July 7, at DEQ’s State Office, 1410 N. Hilton, Boise.

The proposed SIP revision addresses small fuel-loading and small acreage burns 

including propane flaming, spot burns, burns of one acre or less, and broken 

bales. 

Growers conducting spot or bale burns would be allowed to obtain one permit 

per calendar year for a flat fee, which would allow them to burn a limited 

number of acres or bales on any designated burn day throughout the year. 

Growers conducting propane flaming on fields with less than 550 pounds of 

residue per acre would not be required to obtain a physical permit, but would 

be required to follow the rules and burn only on a designated burn days. 

Air quality conditions and proximity to institutions with sensitive populations 

such as schools and hospitals would still have to be considered before smallscale burns would be authorized. 

Changes to the SIP also must be reviewed and approved by the U.S. 

Environmental Protection Agency before taking effect. 

The proposed SIP revision can be viewed at DEQ’s State Office in Boise, DEQ 

regional offices in Boise, Coeur d’Alene, Idaho Falls, Lewiston, Pocatello and 

Twin Falls, and on DEQ’s website (download at right). 

For technical information on the proposed SIP revision, contact Mary Anderson, 

DEQ Air Quality Division, at (208) 373-0202 or mary.anderson@deq.idaho.gov. 

Submit written comments by 5 p.m. MDT, Thursday, July 7, 2011, on DEQ’s 

website or by mail, fax, or email to: 

Faye Weber 

Idaho DEQ State Office 

Air Quality Division 

1410 N Hilton 

Boise, ID 83706 

Fax: (208) 373-0340 

Email: faye.weber@deq.idaho.gov

Home News & Publications News Archives DEQ seeks comment on proposed revision to 

state air quality plan for crop residue burning impacting small crop burns

Page 1 of 1

http://www.deq.idaho.gov/news-archives/2011/june/air-crb-sip-revision-060111.aspx 7/11/2011
LOCATION: DEQ Conference Center, 1410 N. Hilton, Boise, Idaho

HEARING DATE: July 7, 2011

The undersigned designated hearing facilitator hereby certifies that on the 7th

day of July, 2011, a public hearing was held on the Rules for the Control of Air Pollution

in Idaho, Docket No. 58-0101-1001, and the proposed revision to the StateImplemenation Plan (SIP) at the DEQ conference center in Boise, Idaho. The hearing

commenced at 3:30 p.m. and was adjourned at 4:00 p.m. Members of the publicattended the hearing but did not wish to present oral testimony.

Notice of this hearing appeared in the Idaho Administrative Bulletin, as required

by Idaho Code Section 67-5221, on June 1, 2011. Notice of this hearing also appearedin the Coeur d’Alene Press, Idaho State Journal, Idaho Statesman, Lewiston Morning

Tribune, Post Register, and Times News on June 1, 2011. These publications were

timely made and other necessary notice requirements have been met.

DATED this ~ day of July, 2011.

Paula J. ~lsonHearing Facilitator

CERTIFICATE OF HEARING
rc~PA

/P4t~â ~nq

(

) (

) 

p

SIP çet~s &D~~cchl/cfl74—’~ Revision?

~ 4 4

f’Jc:~ AN

~Pb~~4*UJafrbS2 AJa ‘tie

0 0

/VO

A&y4~d~o~ VE&

tc’ov/~ ~ ‘tb JIo

~

(ni~A~~1 JCL- AJ~