State Implementation Plan Update

With Regard to

State Boards

(Sections 128 and 110(a)(2)(E)(ii) of the Clean Air Act)

State of Idaho

Department of Environmental Quality

1410 North Hilton

Boise, ID 83706
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Background

The purpose of this document is to demonstrate to the U.S. Environmental Protection Agency 

(EPA) that the Idaho State Implementation Plan (SIP) for air quality adequately meets the "State 

Boards" requirements of 42 U.S.C. § 7428 (section 128) and §7410 (section 110(a)(2)(E)(ii)) of 

the Clean Air Act [CAA]).

Section 128 provides:

(a) Not later than the date one year after August 7, 1977, each applicable 

implementation plan shall contain requirements that—

(1) any board or body which approves permits or enforcement orders under this chapter 

shall have at least a majority of members who represent the public interest and do not 

derive any significant portion of their income from persons subject to permits or 

enforcement orders under this chapter, and 

(2) any potential conflicts of interest by members of such board or body or the head of 

an executive agency with similar powers be adequately disclosed. 

A State may adopt any requirements respecting conflicts of interest for such boards or 

bodies or heads of executive agencies, or any other entities which are more stringent 

than the requirements of paragraph (1) and (2), and the Administrator shall approve any 

such more stringent requirements submitted as part of an implementation plan. 

Section 110(a)(2)(E)(ii) reiterates the above requirement:

(2) Each implementation plan submitted by a State under this chapter shall be adopted 

by the State after reasonable notice and public hearing. Each such plan shall—

*

*

(E) provide 

(i) necessary assurances that the State (or, except where the Administrator deems 

inappropriate, the general purpose local government or governments, or a regional 

agency designated by the State or general purpose local governments for such purpose) 

will have adequate personnel, funding, and authority under State (and, as appropriate, 

local) law to carry out such implementation plan (and is not prohibited by any provision 

of Federal or State law from carrying out such implementation plan or portion thereof), 

(ii) requirements that the State comply with the requirements respecting State boards 

under section 7428 of this title, and 

(iii) necessary assurances that, where the State has relied on a local or regional 

government, agency, or instrumentality for the implementation of any plan provision, the 

State has responsibility for ensuring adequate implementation of such plan provision;

Attachment 1, Governor’s Order, satisfies the requirements of Section 128(a)(1) and Attachment 

2, Idaho Ethics in Government Act, satisfies the requirements of Section 128(a)(2) (see 

also http://legislature.idaho.gov/idstat/TOC/IDStatutesTOC.htm.)
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Attachment 1

Governor’s Order

EXECUTIVE DEPARTMENT

STATE OF IDAHO

BOISE

EXECUTIVE ORDER NO. 2013-06

APPOINTMENT OF MEMBERS OF THE BOARD OF ENVIRONMENTAL QUALITY

WHEREAS, the State of Idaho administers the Clean Air Act, 42 U.S.C. 7401 et seq., through 

provisions of State law identified and described in a State Implementation Plan (SIP);

WHEREAS, the Idaho Board of Environmental Quality is authorized to make final administrative 

appeal determinations regarding air quality permits and enforcement orders; 

WHEREAS, section 128 of the Clean Air Act requires Idaho’s SIP to include the following 

provisions:

(1) Any board or body which approves permits or enforcement orders under this chapter 

shall have at least a majority of members who represent the public interest and do not

derive any significant portion of their income from persons subject to permits or

enforcement orders under this chapter; and 

(2) Any potential conflicts of interest by members of such board or body or the head of an 

executive agency with similar powers shall be adequately disclosed.

WHEREAS, Idaho Code § 39-107(1)(a) provides:

The board of environmental quality shall consist of seven (7) members 

who shall be appointed by the governor, with the advice and consent of the 

senate. The members shall serve at the pleasure of the governor. Each 

member of the board shall be a citizen of the United States, a resident of 

the state of Idaho, and a qualified elector, and shall be appointed to 

assure appropriate geographic representation of the state of Idaho. Not 

more than four (4) members of the board shall be from any one (1) 

political party. Two (2) members of the board shall be chosen with due 

regard to either knowledge and interest in solid waste; two (2) members 

shall be chosen for their knowledge of and interest in air quality; two (2) 

members shall be chosen for their knowledge and interest in water 

quality; and one (1) member shall be chosen with due regard for their

knowledge of and interest in air, water and solid waste issues.

NOW THEREFORE, I, C.L. “Butch” Otter, Governor of the State of Idaho, by the authority 

vested in me under the Constitution and laws of the State of Idaho, do hereby order the appointment of 

members to the Idaho board of environmental quality shall be made in conformance with the 

requirements of Idaho Code section 39-107(1)(a), and section 128 of the Clean Air Act (2 U.S.C. 7428).

IN WITNESS WHEREOF, I have hereunto set my hand and 

caused to be affixed the Great Seal of the State of Idaho at the 

Capitol in Boise on this 26th day of June in the year of our Lord 

two thousand and thirteen and of the Independence of the United 

States of America the two hundred thirty-seventh and of the 

Statehood of Idaho the one hundred twenty-third. 

Executive Department The Office of the Governor

State of Idaho

C.L. “BUTCH” OTTER

GOVERNOR

BEN YSURSA

SECRETARY OF STATE

State Capitol

Boise
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Attachment 2

Idaho Ethics in Government Act













History:

[59-701, added 1990, ch. 329, sec. 2, p. 904.]

59-702. Policy and purpose. It is hereby declared that the position of a public official at all

levels of government is a public trust and it is in the public interest to:

(1) Protect the integrity of government throughout the state of Idaho while at the same time

facilitating recruitment and retention of personnel needed within government;

(2) Assure independence, impartiality and honesty of public officials in governmental functions;(3) Inform citizens of the existence of personal interests which may present a conflict of interest

between an official's public trust and private concerns;

(4) Prevent public office from being used for personal gain contrary to the public interest;

(5) Prevent special interests from unduly influencing governmental action; and(6) Assure that governmental functions and policies reflect, to the maximum extent possible, the

public interest.History:

[59-702, added 1990, ch. 329, sec. 2, p. 904.]

59-703. Definitions. For purposes of this chapter:

(1) "Official action" means any decision on, or proposal, consideration, enactment, defeat, or

making of any rule, regulation, rate-making proceeding or policy action or nonaction by a

governmental body or any other policy matter which is within the official jurisdiction of the

governmental body.(2) "Business" means any undertaking operated for economic gain, including, but not limited to,

a corporation, partnership, trust, proprietorship, firm, association or joint venture.(3) "Business with which a public official is associated" means any business of which the publicofficial or member of his household is a director, officer, owner, partner, employee or holder ofstock over five thousand dollars ($5,000) or more at fair market value.(4) "Conflict of interest" means any official action or any decision or recommendation by a

person acting in a capacity as a public official, the effect of which would be to the privatepecuniary benefit of the person or a member of the person's household, or a business with whichthe person or a member of the person's household is associated, unless the pecuniary benefit

arises out of the following:

(a) An interest or membership in a particular business, industry, occupation or class required by

law as a prerequisite to the holding by the person of the office or position;

(b) Any action in the person's official capacity which would affect to the same degree a class

consisting of an industry or occupation group in which the person, or a member of the person's

household or business with which the person is associated, is a member or is engaged;
compensation as a public official.(6) "Governmental entity" means:(a) The state of Idaho and all agencies, commissions and other governmental bodies of the state;and(b) Counties and municipalities of the state of Idaho, all other political subdivisions including,

but not limited to, highway districts, planning and zoning commissions or governmental bodiesnot specifically mentioned in this chapter.

(7) "Members of a household" means the spouse and dependent children of the public official

and/or persons whom the public official is legally obligated to support.(8) "Person" means an individual, proprietorship, partnership, association, trust, estate, business

trust, group or corporation, whether operated for profit or not, and any other legal entity, or agentor servant thereof, or a governmental entity.

(9) "Public office" means any position in which the normal and usual duties are conducted on

behalf of a governmental entity.

(10) "Public official" means any person holding public office in the following capacity:(a) As an elected public official meaning any person holding public office of a governmental

entity by virtue of an elected process, including persons appointed to a vacant elected office of agovernmental entity, excluding members of the judiciary; or(b) As an elected legislative public official meaning any person holding public office as a

legislator; or

(c) As an appointed public official meaning any person holding public office of a governmentalentity by virtue of formal appointment as required by law; or(d) As an employed public official meaning any person holding public office of a governmental

entity by virtue of employment, or a person employed by a governmental entity on a consultive

basis.History:

[59-703, added 1990, ch. 329, sec. 2, p. 904; am. 1999, ch. 145, sec. 1, p. 415.]

59-704. Required action in conflicts. A public official shall not take any official action or make

a formal decision or formal recommendation concerning any matter where he has a conflict of

interest and has failed to disclose such conflict as provided in this section. Disclosure of a

conflict does not affect an elected public official's authority to be counted for purposes of

determining a quorum and to debate and to vote on the matter, unless the public official requests

to be excused from debate and voting at his or her discretion. In order to determine whether a

conflict of interest exists relative to any matter within the scope of the official functions of a

public official, a public official may seek legal advice from the attorney representing that

governmental entity or from the attorney general or from independent counsel. If the legal advice

is that no real or potential conflict of interest exists, the public official may proceed and shall not
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p

(2) If he is an elected state public official, he shall prepare a written statement describing the

matter required to be acted upon and the nature of the potential conflict, and shall file such

statement with the secretary of state prior to acting on the matter. A public official may seek

legal advice from the attorney representing that agency or from the attorney general or fromindependent counsel. The elected public official may then act on the advice of the agency'sattorney, the attorney general or independent counsel.

(3) If he is an appointed or employed state public official, he shall prepare a written statement

describing the matter to be acted upon and the nature of the potential conflict, and shall deliver

the statement to his appointing authority. The appointing authority may obtain an advisoryopinion from the attorney general or from the attorney representing that agency. The public

official may then act on the advice of the attorney general, the agency's attorney or independentcounsel.(4) If he is an elected public official of a county or municipality, he shall disclose the nature of a

potential conflict of interest prior to acting on a matter and shall be subject to the rules of the

body of which he/she is a member and take all action required by the rules prior to acting on the

matter. If a member requests to be excused from voting on an issue which involves a conflict or a

potential conflict, and the body of which he is a member does not excuse him, such failure to

excuse shall exempt that member from any civil or criminal liability related to that particular

issue. The public official may obtain an advisory opinion from the attorney general or the

attorney for the county or municipality or from independent counsel. The public official may

then act on the advice of the attorney general or attorney for the county or municipality or his

independent counsel.

(5) If he is an appointed or employed public official of a county or municipality, he shall preparea written statement describing the matter required to be acted upon and the nature of the potential

conflict, and shall deliver the statement to his appointing authority. The appointing authority may

obtain an advisory opinion from the attorney for the appointing authority, or, if none, the

attorney general. The public official may then act on the advice of the attorney general or

attorney for the appointing authority or independent counsel.(6) Nothing contained herein shall preclude the executive branch of state government or a

political subdivision from establishing an ethics board or commission to perform the duties and

responsibilities provided for in this chapter. Any ethics board or commission so established shall

have specifically stated powers and duties including the power to:

(a) Issue advisory opinions upon the request of a public official within its jurisdiction;(b) Investigate possible unethical conduct of public officials within its jurisdiction and conduct

hearings, issue findings, and make recommendations for disciplinary action to a public official's

appointing authority;(c) Accept complaints of unethical conduct from the public and take appropriate action.
prohibited from having an interest in any contract made or entered into by the board of which he

is a member, if he strictly observes the procedure set out in section 18-1361A, Idaho Code.History:

[59-704A, added 1992, ch. 121, sec. 3, p. 399.]

59-705. Civil penalty. (1) Any public official who intentionally fails to disclose a conflict of

interest as provided for in section 59-704, Idaho Code, shall be guilty of a civil offense, the

penalty for which may be a fine not to exceed five hundred dollars ($500), provided that theprovisions of this subsection shall not apply to any public official where the governmental entity

on which said official serves has put into operation an ethics commission or board described in

section 59-704(6), Idaho Code.

(2) The penalty prescribed in subsection (1) of this section does not limit the power of either

house of the legislature to discipline its own members, nor limit the power of governmental

entities, including occupational or professional licensing bodies, to discipline their members or

personnel. A violation of the provisions of this chapter shall not preclude prosecution and

conviction for any criminal violation that may have been committed.

History:

[59-705, added 1990, ch. 329, sec. 2, p. 907.]