GPISTATE OF IDAHO 

DEPARTMENT OF 

ENVIRONMENTAL QUALITY 

- rZIOII : 

~ L MAY I 9 2tl8 

--------,--------------------­

1410 North Hilton. Boise, Idaho 83706. (208) 373-0502 CL "Butch" Otter, Governor 

Toni Hardesty, Director 

May 12, 2008 

Elin Miller, Regional Administrator 


MS RA 140 


U.S. EPA, Region 10 


1200 Sixth Avenue 


Seattle, WA 98101 


Re: State Implementation Plan Rule Revisions 

Dear Ms_ Miller: 

Enclosed for your review and approval are an original and four copies of revisions to the 

Department of Environmental Quality's (DEQ) Rules for the Control of Air Pollution in Idaho, 

IDAPA 58.01.01. DEQ is seeking Environmental Protection Agency (EPA) approval of the 

following revision as an update to the contents of the Idaho State Implementation Plan (SIP), 40 

CFR, Part 52, Subpart N: 

IDAPA Docket 58-0101-0701 - Annual Incorporation by Reference (2007) 

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 DEQ 

Deputy Attorney General was obtained at appropriate times throughout the rulemaking process. 

Rule adoption was made in accordance with the requirements of the federal Clean Air Act and 

applicable federal regulations. None of the revisions included in this submittal ref/ect a reduction 

in emission limits. 

As a follow-up to previous submittals, DEQ forwarded the following rule changes to EPA on May 

22,2003, April 2, 2004, July 13, 2005, May 5,2006, April 16, 2007 for inclusion in the Idaho 

SIP. We understand these documents will be reviewed by your staff in the future. We mention 

these dockets here only for purposes of ensuring previous submittals do not slip from the SIP ,J 

priority list. 

Docket 58-0101-0102 - Soil Vapor Extraction 

Docket 58-0101-0103 - (a) Hospital/Medical/Infectious Waste Incinerators, 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) 
Elin Miller, EPA Regional Administrator 


May 12, 2008 


P~ge2 

Docket 58-0101-0301 -Annual Incorporation by Reference (2003) 

Docket 58-0101-0304 - New Source Review 

Docket 58-0101-0401 - Permit to Construct Exemptions 

Docket 58-0101-0402 - Annual Incorporation by Reference (2004) 

Docket 58-0101-0503 - Regulated Air Pollutants 

Docket 58-0101-0505 - Annual Incorporation by Reference (2005) 

Docket 58-0101-0506 - Baseline Actual Emissions; Procedure for Transfer of PTC and Tier" Permits 

Docket 58-0101-0507 - PTC Exemptions 

Docket 58-0101-0508 - Facility Emissions Cap 

Docket 58-0101-0601 - Regional Haze 

Docket 58-0101-0602 - Annual Incorporation by Reference (2006) 

Docket 58-0101-0603 - Prohibition Against Construction of EGUs as defined in 40 CFR 60.24 

If you or your staff have questions concerning any of these rules, please contact Martin Bauer, 

Air Quality Division Administrator, at 208-373-0440. Mr. Bauer and his staff are available to 

provide assistance to ensure Idaho's SIP is updated as soon as possible. 

Sincerely, 

~.~. 

Toni Hardesty 

Director 

TH/ph 

Enclosures 

c: Martin Bauer, DEQ 
STATE OF IDAHO 

DEPARTMENT OF 

ENVIRONMENTAL QUALITY 

1410 North Hilton· Boise, Idaho 83706. (208) 373-0502 C.L. "Butch" Otter, Governor 

Toni Hardesty, Director 

AMENDMENT TO THE RULES FOR THE CONTROL OF 


AIR POLLUTION IN IDAHO 


Pursuant to the Environmental Protection and Health Act, Idaho Code 39-101 through 39-130, I 

hereby submit amendments to the Rules for the Control of Air Pollution in Idaho (Air Rules), 

IDAPA 58.01.01, as edited in the attachments, as a revision to Appendix A.3 of the 

Implementation Plan for the Control of Air Pollution in the State of Idaho (Idaho SIP). The 

changes being submitted were adopted as pending by the Board of Environmental Quality and 

approved by the Idaho Legislature as indicated in the attachment. 

DATED this 12th day of May, 2008. 

Toni 

/'\()\< 

Hardesty 


~ 

Director 


-
 IDAPA 58 - DEPARTMENT OF ENVIRONMENTAL QUALITY 

58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO 

DOCKET NO. 58-0101-0701 

NOTICE OF RULEMAKING - PROPOSED RULE 

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

proposed rule making. The action is authorized by Sections 39-105 and 39-107, Idaho Code. This ruiemaking 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 ofIdaho's delegation agreement with EPA under Section 112(1) of the Clean Air Act. 

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

September 6, 2007 - 4:00 p.m. 


Department of Environmental Quality Conference Center 


1410 N. Hilton, Boise, Idaho 


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

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

DESCRIPTIVE SUMMARY: This rulemaking is necessary to ensure that the Rules for the Control ofAir Pollution 

in Idaho are consistent with federal regulations. This proposed rule updates citations to federal regulations . 

incorporated by reference at Sections 008 and 107 to include those revised as of July 1,2007. Sections 200,204, and 

205 also include citations to federal regulations incorporated by reference in the state rules. DEQ proposes to revise 

Sections 200, 204, and 205 to eliminate the need to annually revise the effective date of the Code of Federal 

Regulations in those sections. 

- This rulemaking also deletes references to the clean unit and pollution control project provisions, which are expressly 

excluded from incorporation by reference into the state rules. These references, which are found at Subsections 

107.03.a.i., 107.03.d., 204.01., and 205.01, are no longer necessary because EPA recently adopted a final rule 

eliminating the pollution control project and clean unit provisions from the federal regulations. 

Members of the regulated community who may be subject to Idaho's air quality rules as well as special interest 

groups, public officials, or members of the public who have an interest in the regulations 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 2007 for adoption of a pending rule. The rule is expected to be final and effective upon 

adjournment of the 2008 legislative session if adopted by the Board and approved by the Legislature. 

IDAHO CODE SECTION 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 regulations. 

FISCAL IMPACT: 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: N/A 

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

ASSISTANCE ON TECHNICAL QUESTIONS AND SUBMISSION OF WRITTEN COMMENTS: For 

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

martin. bauer@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 September 6, 2007. 

Idaho Administrative Bulletin Page 128 August 1, 2007 - Vol. 07-8 
-. 


DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58~0101~0701 

Rules for the Control ofAir Pollution in Idaho prC)I)()Se!d Rule 


DATED this 29th day of June, 2007. 

Paula 1. Wilson, Hearing Coordinator 

Department of Environmental Quality 

1410 N. Hilton, Boise, Idaho 83706~1255 

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

pwilson@deq.idaho.gov 

THE FOLLOWING IS THE TEXT OF DOCKET NO. 58-0101~0701 

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

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

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

Idaho; or (5-1-94) 

b. That are within fifty (50) miles 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) ­

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

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

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

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

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

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

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

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

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

(5-1-94) 

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

CFR Part 63; (5-1-94) 

e. Any standard or other requirement of the acid 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 

766Ic(b) or Sections 120 through 128 of these rules; (3-23-98) 

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


7429; (5-1-94) 


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


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


Idaho Administrative Bulletin Page 129 	 August 1, 2007 - Vol. 07-8 -

DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0701 


Rules for the Control ofAir Pollution in Idaho Proposed Rule 


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

Part 82. (5-1-94) 

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

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

Section 324. (5-1-94) 

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

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

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

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

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

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

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

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

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

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

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

designed equipment, lack 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) 

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

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

317. (3-23-98) 

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

following criteria: (3-23-98) 

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

i. The facility emits or has the potential to emit ten (10) tons per year (tpy) or more 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 or production well (with its associated equipment) and emissions from any 

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

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

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

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

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

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

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

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

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

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

ii. The facility is located in a "serious" carbon monoxide nonattainment area in which stationary sources are significant contributors to carbon monoxide levels and the facility has the potential to emit fifty (50) tpy or more ofcarbon monoxide. (5-1-94) 

-
 Idaho Administrative Bulletin Page 130 August 1, 2007 - Vol. 07-S 
-


DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58·0101-0701 


Rules for the Control ofAir Pollution in Idaho Proposed Rule 


Ill. 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 of the 

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

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

accordance with 42 U.S.C. Section 741la(f)(l) or (2) if the area is "marginal" or "moderate," one hundred (100) tpy 

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

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

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

regulated air pollutant. 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: (4-11-06) 

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

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

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

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

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

revised as of July 1,20061, are hereby incorporated by reference. (3 30 (7)L-.} 

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

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

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

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

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

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

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

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

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

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

requirements. (3-19-99) 

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

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

(BREAK IN CONTINUITY OF SECTIONS) 

107. INCORPORATIONS BY REFERENCE. 

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

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

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

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

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

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

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

-


Idaho Administrative Bulletin Page 131 August 1,2007 - Vol. 07-8 -

DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58~0101-0701 

Rules for the Control ofAir Pol/ution in Idaho Proposed Rule 


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

and (3-20-04) 

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

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

0502. (7-1-97) 

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

(7-1-97) 

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

into these rules: (5-1-94) 

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

to Part 51--Guideline on Air Quality Models. 40 CFR Parts 51 revised as of July I, 20M1. The following portions of 

40 CFR Part 51 are expressly excluded from any incorporation by reference into these rules: (3 30 (7)L......J 

The deem URi! al'lripolhxtifJf'l efmtl'o[ projeet prfni9iolt8 iff 40 CPR 5f.165; (3 30 (7) 

ii. All sections included in 40 CFR Part 51, Subpart P, Protection of Visibility, except that 40 CFR 

51.301, 51.304(a), 51.307, and 51.308 are incorporated by reference into these rules; and (3-30-07) 

iii. 	 Appendix Y to Part 51, Guidelines for BART Determinations Under the Regional Haze Rule. 

(3-30-07) 

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

July 1, 20061. 

c. Requirements for Preparation, Adoption, and Submittal of Implementation Plans, 

~ 

Protection of 

Visibility, 40 CFR 51.301, 51.304(a), 51.307, and 51.308, revised as ofJuly 1, 20061. ~ 

d. Approval and Promulgation of Implementation Plans, 40 CFR Part 52, CJtehtdil1g the cleem URi! and 

pellttlien cmlli'&lpl'Cifeetp''tni9itm8 fit 40 CPR 52.21, revised as of July 1, 20061. ~ 

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

20M1. (3 30 (7)L......J 

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

Deterioration (PSD Air Monitoring), 40 CFR Part 58, Appendix B, revised as of July 1, 20M1. (3 30 07JL--.-J. 

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

~ 

July I, 20061. 

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

20M2. 

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

~ 

CFR Part 63, 

revised as of July 1, 20061. ~ 

j. Compliance Assurance Monitoring, 40 CFR Part 64, revised as of July 1,20061. (3 30 07)L......J 

k. Permits, 40 CFR Part 72, revised as ofJuly 1,20061. 	 (3 30 (7)L......J 

I. Sulfur Dioxide Allowance System, 40 CFR Part 73, revised as of July 1, 20061. (3 30 (7)L......J 

-
 Idaho Administrative Bulletin Page 132 	 August 1, 2007 - Vol. 07-8 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0701 


Rules for the Control ofAir Pollution in Idaho Proposed Rule 


m. Protection of Stratospheric Ozone, 40 CFR Part 82, revised as of July 1,20061. (3 30 (7)L-J. 

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

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

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

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

93.129, revised as oOuly 1,20061, except that Sections 93.102(c), 93.I04(d), 93.104(e)(2), 93.105, 93.109(c)-(f), 

93.118(e), 93.1l9(f)(3), 93.120(a)(2), 93.121(a)(I), and 93.124(b) are expressly omitted from the incorporation by 

reference. ~ 

p. The final rule for Standards of Performance for New and Existing Stationary Sources: Electric 

Utility Steam Generating Units, 70 Fed. Reg. 28,606 (May 18,2005), corrected at 70 Fed. Reg. 51,266 the final rule 

for Standards of Performance for Electric Utility Steam Generating Units, Industrial-Commercial-Institutional Steam 

Generating Units, and Small Industrial-Commercial-Institutional Steam Generating Units, only as it applies to coal 

fired electric steam generating units as defined in 40 CFR 60.24, 71 Fed. Reg. 9865 (February 27, 2006); Revision of 

December 2000 Clean Air Act Section 112(n) Finding Regarding Electric Utility Steam Generating Units; and 

Standards of Performance for New and Existing Electric Utility Steam Generating Units: Reconsideration, 71 Fed. 

Reg. 33,388 (June 9, 2006) are expressly excluded from any incorporation by reference into these rules. (3-30-07) 

(BREAK IN CONTINUITY OF SECTIONS) 

200. PROCEDURES AND REQUIREMENTS FOR PERMITS 10 CONSTRUCT. 

The purposes of Sections 200 through 228 is to establish uniform procedures and requirements for the issuance of 

"Permits to Construct." As used throughout Sections 200 through 228 and 578 through 581, major facility shall be ­

defined as major stationary source in 40 CFR 52.21(b), reviset1tt!J e/J1iIy 1, 2005 incorporated by reference into these 

rules at Section 107, and major modification shall be defined as in 40 CFR 52.21(b), It::piset1 tt!J ()l;lu/y 1, 2(}06 

incorporated by reference into these rules at Section 107. These CFR sections have been codified in the electronic 

CFR which is available at www.gpoaccess.gov/ecfr. ~ 

(BREAK IN CONTINUITY OF SECTIONS) 

204. PERMIT REQUIREMENTS FOR NEW MAJOR FACILITIES OR MAJOR MODIFICATIONS IN 

NONATTAINMENT AREAS. 

New major facilities or major modifications proposed for location in a nonattainment area and which would be major 

for the nonattainment regulated air pollutant are considered nonattainment new source review (NSR) actions and are 

subject to the requirements in Section 204. Section 202 contains application requirements and Section 209 contains 

processing requirements for nonattainment NSR permitting actions. The intent of Section 204 is to incorporate the 

federal nonattainment NSR rule requirements. (4-6-05) 

01. Incorporated Federal Program' Requirements. Requirements contained in the following 


subparts of 40 CFR 51.165, c~lit{iing the detm ,mit t'tflfipellutien centroi p1'6jcct pl,,(}'I'jsiel'I!J, re,,.iscd tt!J ef}t;t/y 1, 


2{)(}§, are hereby incorporated by reference into thesemles at Section 107. Requirements contained in the following 


subparts of 40 CFR 52.21, re-"iset1 tt!J qlJuly 1, 2996, are hereby incorporated by reference at Section 107 of these 


rules. These CFR sections have been codified in the electronic CFR which is available at www.gpoaccess.gov/ecfr 


-. Idaho Administrative Bulletin Page 133 August 1,2007 - Vol. 07-8 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0701 


Rules for the Control ofAir Pollution in Idaho Proposed Rule 


40 CFR 52.21(aa) Actual PALs 

(3 39 (}7)L-J 

02. Additional Requirements. The applicant must demonstrate to the satisfaction of the Department . 

the following: (4-6-05) 

a. LAER. Except as otherwise provided in Section 204, the new major facility or major modification 

would be operated at the lowest achievable emission rate (LAER) for the nonattainment regulated air pollutant, 

specifically: (4-6-05) 

i. A new major facility would meet the lowest achievable emission rate at each new emissions unit 

which emits the nonattainment regulated air pollutant; and (4-5-00) 

ii. A major modification would meet the lowest achievable emission rate at each new or modified 

emissions unit which has a net emissions increase of the nonattainment regulated air pollutant. (4-5-00) 

b. Required offsets. Allowable emissions from the new major facility or major modification are offset 

by reductions in actual emissions from stationary sources, facilities, andlor mobile sources in the nonattainment area' 

so as to represent reasonable further progress. All offsetting emission reductions must satisfy the requirements for 

emission reduction credits (Section 460) and provide for a net air quality benefit which satisfies the requirements of 

Section 208. If the offsets are provided by other stationary sources or facilities, a permit to construct shall not be 

issued for the new major facility or major modification until the offsetting reductions are made enforceable through 

- the issuance of operating permits. The new major facility or major modification may not conmience operation, and an 

operating permit for the new major facility or major modification shall not be effective before the date the offsetting 

reductions are achieved. (4-5-00) 

c. Compliance status. All other sources in the State owned or operated by the applicant, or by any 

entity controlling; controlled by or under common control with such person, are in compliance with all applicable 

emission limitations and standards or subject to an enforceable compliance schedule. (5-1-94) 

d. Effect on visibility. The effect on visibility of any federal Class I area, Class I area designated by 

the Department, or integral vista of a mandatory Class I Federal Area, by the new major facility or major 

modification, is consistent with making reasonable progress toward the national visibility goal referred to in 40 CFR 

Sl.300(a). The Department may take into account the costs of compliance, the time necessary for compliance, the 

energy and non-air quality environmental impacts of compliance and the useful life of the source. Any integral vista 

which the Federal Land Manager has not identified at least six (6) months prior to the submittal of a complete 

application, or which the Department determines was not identified in accordance with the criteria adopted pursuant 

to 40 CFR 51.304( a), may be exempted from Section 204 by the Department. (3-30-07) 

03. Nonmajor Requirements. If the proposed action meets the requirements of an exemption or 

exclusion under the provisions of40 CFR 51.165 or 40 CFR 52.21 incorporated in Section 204, the nonmajor facility 

or stationary source permitting requirements of Sections 200 through 228 apply, including the exemptions in Sections 

220 through 223. (4-6-05) 

205. PERMIT REQUIREMENTS FOR NEW MAJOR FACILITIES OR MAJOR MODIFICATIONS IN 

ATTAINMENT OR UNCLASSIFIABLE AREAS. 

The prevention of significant deterioration (PSD) program is a construction permitting program for new major 

facilities and major modifications to existing major facilities located in areas in attainment or in areas that are 

unc1assifiable for any criteria air pollutant. Section 202 contains application requirements and Section 209 contains 

processing requirements for PSD permit actions. The intent of Section 205 is to incorporate the federal PSD rule 

requirements. (4-6-05) 

Idaho Administrative Bulletin Page 134 August 1, 2007 - Vol. 07-8 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-0701 


Rules for the Control ofAir Pollution in Idaho Proposed Rule 


01. Incorporated Federal Program Requirements. Requirements contained in the following 

subparts of 40 CFR 52.21, (]Eluding the cleall tmit (JIltipellutim'l eel'ltrelplvjeetpro ....isi81'lS, revised CIS elJuly 1, 

are heFehy incorporated by reference into these rules at Section 107. These CFR sections have been codified in 

the electronic CFR which is available at www.gpoaccess.gov/ecfr. 

40 CFR 52.21 (a)(2) 

40 CFR 52.21(b) 

40 CFR 52.21(i) 

40 CFR 52.21 (j) 

40 CFR 52.21(k) 

40 CFR 52.21(r) 

40 CFR 52.21 (v) 

40 CFR 52.21(w) 

Applicability Procedures 

Definitions 

Review of Major Stationary Sources and Major Modifications 

- Source Applicability and Exempting 

Control Technology Review 

Source Impact Analysis 

Source Obligation 

Innovative Control Technology 

Permit Rescission 

40 CFR 52.21(aa) Actual PALS 

02. Effect on Visibility. The applicant must demonstrate that the effect on visibility of any federal 

Class I area, Class I area designated by the Department, or integral vista of a mandatory Class I Federal Area, by the 

new major facility or major modification, is consistent with making reasonable progress toward the national visibility 

goal referred to in 40 CFR 51.300(a). The Department may take into account the costs of compliance, the time 

necessary for compliance, the energy and non-air quality environmental impacts of compliance and the useful life of 

the source. Any integral vista which the Federal Land Manager has not identified at least six (6) months prior to the 

submittal of a complete application, or which the Department determines was not identified in accordance with the 

criteria adopted pursuant to 40 CFR 51.304( a), may be exempted from this requirement by the Department. 

(3-30-07) 

03. Exception to Incorporation by Reference of 40 CFR 52.21. Every use of the word Administrator 

in 40 CFR 52.21 means the Department except for the following: (4-6-05) 

a. In 40 CFR 52.21(b)(17), the definition of federally enforceable, Administrator means the EPA 

Administrator. (4-6-05) 

b. In 40 CFR 52.21(1)(2), air quality models, Administrator means the EPA Administrator. (4-6-05) 

c. In 40 CFR 52.2 1 (b)(43), permit program approved by the Administrator, Administrator means the 

EPA Administrator. (4-6-05) 

d. In 40 CFR 52.2 I (b)(48)(ii)(c), MACT standard that is proposed or promulgated by the 

Administrator, Administrator means the EPA Administrator. (4-6-05) 

e. In 40 CFR 52.21(b)(50)(i), regulated NSR pollutant as defined by Administrator, Administrator 

means the EPA Administrator. (4-6-05) 

04. Nonmajor Requirements. If the proposed action meets the requirements of an exemption or exclusion under the provisions of 40 CFR 52.21 incorporated in Section 205, the nonmajor facility or stationary source permitting requirements of Sections 200 through 228 apply, including the exemptions in Sections 220 through 

223. (4-6-05) 

Idaho Administrative Bulletin Page 135 August 1, 2007 - Vol. 07-8 -


IJST OF PUBLIC COMMENTS 


Proposed Rules for the Control of Air Pollution in Idaho 


Docket Number 58-0101-0701 


Deadline for Comment: September 6, 2007 


Submitted By Date Received 

Katharine Gerrity, Legal Analyst July 26, 2007 - Letter to 

Legislative Services Office OEQ 

State Capitol 

Boise, 10 83720-0054 July 6, 2007 - Memo to 

Germane Joint 

Subcommittees 

Mitchell J. Hart, P.E. 

Mountain Island Energy Holdings, LLC August 13, 2007 

P.O. Box 222 

Soda Springs, ID 83276 

Jimmie Scruggs September 4, 2007 

533 E. 17th Ave. 

Jerome, 10 83338 

Sue Somers September 6, 2007 

IACI Environment Committee Chairperson 

P.O. Box 389 

Boise, ID 83701 

Certificate of Hearing September 6, 2007 
Idaho Association of 

Commerce & Industry 

The Voice of Business in ldaho@ 

September 6, 2007 

Paula Wilson, Hearing Coordinator 

Department of Environmental Quality 

t410 North Hilton 

Boise, Idaho 83706-1255 

Re: Comments on Rulemaking Docket 58-0 101-070 I 

Dear Ms. Wilson: 

These comments are submitted on behalf of the members of the Idaho Association of Commerce 

& Industry (lAC I). Some of the members of IACI operate commercial, industrial, and institutional 

boilers and incinerators. 

On June 8, 2007 the United States Court of Appeals for the District of Columbia vacated in their 

entirety the National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and 

Institutional Boilers and Process Heaters promulgated pursuant to section 112 of the Clean Air Act 

(CAA) ("the Boiler Rule"); and the Standards of Performance for New Stationary Sources and Emission 

Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units as amended 

and promulgated under section 129 of the CAA (the "CISWI Rule"). Natural Resources Defense 

Council, Sierra Club, Environmental Integrity Project v. EPA. The Court issued a Mandate vacating and 

remanding the rules on July 30, 2007. 

Accordingly, IACI requests that the incorporation by reference of certain federal standards 

proposed in Rulemaking Docket 58-0101-0701 be revised to exclude the relevant subparts from 

incorporation into Idaho's Air Rules. Specifically, IACI requests the following revisions (presented in 

italics) to IDAPA 58.01.01.107.03(g) and (i) as follows: 

• 	 (g) Standards of Performance for New Stationary Sources, 40 CFR Part 60, revised as of July I, 

2007, except for Supbarts CCCC and DDDD that were vacated by the US Court ofAppeals for 

the District ofColumbia on July 30.2007 (NRDC v EPA) and are expressly excludedfrom the 

incorporation by reference 

• 	 National Emission Standards for Hazardous Air Pollutants for Source Categories, 40 CFR Part 

63, revised as of July I, 2007, except for Supbart DDDDD that was vacated by the US Court of 

Appeals for the District ofColumbia on July 30, 2007 (NRDC v EPA) and is expressly excluded 

from the incorporation by reference 

These revisions clariJY that this year following the traditional incorporation date (July 1), these 

particular regulations were vacated by the Court and are no longer applicable to Idaho's air emissions 

sources. IACI appreciates your willingness to consider this clarification and proposed revision to 

Rulemaking Docket 58-0 I 01-0701. 

Sincerely, Sue 0fgM1.'y signed by Sue $omen

ON: ::1'10,51.1. Somers. c::oUS, 

el'l'au",sue tW.ItNlr-l@potfat<;heorp. 

Somers Dale: 2001 09,06 15:33:08 ·07'00' 

cam 

-	

Sue Somers 

lAC I Environment Committee Chairperson 

P.u. BlIX 3(-\9 • n()i~t" In 8)701 • 208.)4") 1849 • bx.) )0. 'i623 • w,,·w.i,lc'i.. Iff( 
-951AFS/SF , 

RECt:iVED 

Aug 28.2007 

Idaho Department ofEnvironmental Quality 

State Office Conference Center 

1410 N. Hilton 

Boise. Idaho 

RE: DEQ Rulemaking: Air Quality 58-0101-0701, Proposed Rule 

Gentlemen: 

Times-News Article 8-10-06 

June-06 33 of35 Senators ask Lt. Governor Jim Risch to opt out ofEPA's Program increasing 

emissions in our state which would lower the quality ofthe air we breathe. 

This spring higher levels than ever have been found in the waters in the southwest portion ofour 

State namely Mercury and they cannot detennine ifit is coming in through the watershed or in the 

air. We should not make any changes to our pollution level leaving it as it as it stands now. We also 

should not aid in increasing the pollution by allowing our neighboring states to use our credits to 

befoul our air. All ofthese limits we have now have been pulled out ofthe same smoky air in the 

rooms at Washington by politicians sworn to make intelligent decisions. 

Mercury is the worst thing you can put in the air because you will never be able to remove it from 

the air we breathe or the water we drink, use to grow our gardens, or the animals that drink it, all of 

which we consume at the dinner table. 

Enclosed is a copy of an item regarding Mercury release at the Durkee, Oregon Cement Plant. 

1 ton ofmercury was released into the air the first year ofoperation and to this day probably 

remains the same today 3 years later due to miscalculations, errors in engineering, etc. 

No curtailments ofthe operations were made due to the fact that false infonnation was supplied to 

Ash Grove Cement Plant 

With rules and procedures like this we are doomed for disaster before any new plants that require 

Coal as a power source that are built on faulty or misleading infonnation should never be put 

online and mothballed until measures are taken to prevent excessive pollution. 

Sincerely, 

fU41<J~e 5~~...,v 

Jimmie Scruggs 

533 E.17thAve. 

Jerome, Id. 83338 

- End] 

HECEIVED 

SEP u5 LUUI 

\)Hlce 01 the Attorney General 

tDEQ 
-


-­

-

HECEIVEO 


Mountain Island 

Energy Holdings, LLC 

Mountain Island Energy Holdings, LLC 

PO Box 222 

Soda Springs, Idaho 83276 

208-547-1800 

208-547-1807 (fax) 

208-390-5212 (mobile) 

mjhart57@icsofidaho.com 

August 9, 2007 

Paula J. Wilson 


Administrative Rules Coordinator 


Idaho Department of Environmental Quality 


1410 North Hilton 


Boise, Idaho 83706-1255 


paula. wilson@deg.idaho.gov 


Re: IDEQ Rulemaking: Air Quality - No. 58-0101-0701, Proposed Rule 

Mountain Island Energy Holdings, LLC (MIEH) respectfully requests that the Idaho 


Department of Environmental Quality (IDEQ) Proposed Rule No. 58-0101-0701 with 


respect to Air Quality include that - Idaho Opts-Back-In to the Federal Clean Air 


Mercury (CAMR) Cap and Trade Program. 


Background - In August 2006, Governor Jim Risch orders IDEQ to Opt-Out of the 

Federal Clean Air Mercury Rule (CAMR) Cap and Trade Program. By November 2006, 

the IDEQ Board of Environmental Quality instructs IDEQ to: 

• 	 Inform EPA that the State of Idaho Opts-Out of CAMR at that time 

• 	 Begin Negotiate Rulemaking on state-specific mercury rulemaking following 2007 

Legislative Session 

• 	 And to hold open the option that the State of Idaho will elect to Opt-Back-In to 

CAMR 

Following the 2007 Legislative Session, IDEQ begins conducting a review of existing 

Idaho Mercury Rules. In late August 2007, the Board of Environmental Quality will meet 

in Twin Falls at which time the IDEQ will present the results of their review of Idaho 

Mercury Rules 

CAMR - The Federal Clean Air Mercury Rule (CAMR) "Cap and Trade" Program is 

designed to reduce mercury emissions by 70% or more. EPA writes "Cap and Trade 

programs benefit human health and the environment and address transport by 

Significantly reducing emissions over large geographic areas." Reference: 

http://www.epa.gov/air/mercuryrule/index.htm 
Mountain Island Energy Holdings, LLC 

Idaho Mercury Rules - Based on MIEH's review of existing Idaho Mercury Rules, it is -


apparent to us that Idaho's existing mercury rules provide a solid foundation on which 

IDEQ can, with confidence, Opt-Back-In to CAMR. This will allow MIEH's Soda Springs 

Advanced Clean Coal Power Project to move forward. 

Effects -- Rather than take a defensive approach, MIEH recommends that IDEQ take a 

pro-active approach by encouraging economic and technical development of advanced 

clean coal power plants to strictly, but fairly, regulate mercury emissions to BACT (best 

available control technology) by Opting-Back-In to CAMR. 

Soda Springs - On June 19, 2007 - Governor CL "Butch" Otter and many of his Cabinet 

declared Soda Springs "Capital for the Day". During their day long visit to Soda Springs, 

the messages were: 

1. 	 Soda Springs has been a key industrial center for Idaho for over 1 00 years 

2. 	 Continue to allow Soda Springs to do what it does best - "to be the industrial 

capital of Idaho" by holding industry to high standards and allowing economic 

growth and global competitiveness 

3. 	 Even with Idaho's hydro capacity, we import a substantial percentage of our 

electrical energy. Idaho is surrounded by states already producing electricity 

from coal, including Montana, Wyoming, Utah, Nevada, Oregon and Washington. 

Idaho must step up, diversify its electrical generating capacity and reduce its 

dependency on imported power from surrounding states. 

4. 	 Do not let a vocal minority in one part of Idaho dictate economic and 

environmental policy for the entire state and prevent the construction of an 

advanced clean coal power plant. 

5. 	 The Soda Springs area would welcome a clean and responsible generator of 

electric power. The community is capable of demanding strict operating 

standards of existing and future industries. 

6. 	 Empower local and State regulators to set strict, fair and achievable 

environmental standards that will promote economic development and foster 

development of clean coal technology in the State by Opting-Back-In to CAMR. 

Again -- MIEH respectfully requests that the Idaho Department of Environmental Quality 

(lDEQ) Proposed Rule No. 58-0101-0701 with respect to Air Quality includes thatIdaho Opts·Back4n to the Federal Clean Air Mercury (CAMR) Cap and Trade 

Program - at this immediate juncture and without delay. 

Your consideration and acceptance of our comments will be greatly appreciated. 

Best Regards, _(r } 

1IIS JIa,tt fi" 

Mitchell J. Hart, P.E. 

Managing Director 

Cc: Office of the Governor, State of Idaho 

Board of Environmental Quality, IDEQ - via IDEQ Website -

2 
Legislative Semces Office 


Idaho State Legislature 


JeffYoutz 


Director 


July 26, 2007 RECEIVED 

JUL 26 ZOOl 

Office of the Attorney General 

IDEQ 

Paula J. Wilson 


Hearing Coordinator 


Dept. of Environmental Quality 


1410 N. Hilton 


Boise. 1083706-1255 


Dear Ms. Wilson: 

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 - Rules for the Control of Air Pollution in Idaho 

- (Docket #58-0101·0701) 

58.01.05 - Rules & Standards for Hazardous Waste 

(Docket #58-0105·0701) 

58.01.10 - Rules Regulating the Disposal of Radioactive Materials not 

Regulated under the Atomic Energy Act of 1954, as Amended 

(Docket #58-0110·0701) 

58.01.20 - Rules for Administration of Drinking Water Loan Program 

(Docket #58-0120·0701) 

58.01.22 - Rules for Administration of Planning Grants for Public Drinking 

Water Facilities (Docket #58-0122·0701) 

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

Sincerely yours. . 

e.-: /u.~y , 

Eric Milstead 

Legislative Research Analyst, Principal 

EBM/ca 

cc: Martin Bauer. John Brueck, Tim Wendland 

Mike Nugent, Manager Cathy Holland-Smith, Manager Don H. Berg, Manager Glenn Harris, Manager 


Research & Legislation Budget & PoUcy Analysis Legislative Audits Information Technology 


Statehouse, P.O. Box 83720 Tel: 208-334-2475 

Boise, Idaho 83720-0054 www.legislature.idaho.gov 
Legislative Services Office 


Idaho State Legislature 


Jeff Youtz 


Director 


MEMORANDUM 

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

House Environment, Energy and Technology Committee 

FROM: 	 Research & Legislation Staff * Eric Milstead, Principal Research Analyst £1-1 

DA TE: 	 July 6, 2007 

SUBJECT: 	 Department of Environmental Quality 

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

(Docket No. 58-0101-0701) 

IDAPA 58.01.05 - Rules and Standards for Hazardous Waste 

* 

.- (Docket No. 58-0105-0701) 

IDAPA 58.01.10 - Rules Regulating the Disposal ofRadioactive Materials 

Not Regulated Under the Atomic Energy Act of 1954, As Amended 

(Docket No. 58-0110-0701) 

IDAPA 58.01.20 - Rules for Administration ofDrinking Water Loan 

Program (Docket No. 58-0120-0701) 

IDAPA 58.01.22 - Rules for Administration of Planning Grants for Public 

Drinking Water Facilities (Docket No. 58-0122-0701) 

/" 

I. IDAPA 58.01.01 - Rules fQr the Control of Air Pollution in Idaho 

The Department of Environmental Quality submits notice of proposed rulemaking at 

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

this proposed rule updates cites to federal regulations incorporated by reference in the state rule. 

The Department also proposes to revise language in certain sections of the current rule (sections 

200, 204, and 205) to eliminate the need to annually revise the effective date ofthe federal 

regulations. Finally, the Department proposes to strike references to the "clean unit" and 

"pollution control project provisions." Those references are now obsolete because the 

Environmental Protection Agency recently adopted a final rule eliminating the "clean unit" and 

"pollution control project" from federal regulations. 

Mike Nugent, Manager Cathy HoUaod-Smith, Manager Don H. Berg, Manager GlenD Harris, Manager 


Reseueh & Legislation Budget & Policy Analysis Legislative Audits IDformation Tecbnology 


State bouse, P.O. 80s 83120 Tel: 208-334-2475 

Boise, Idabo 83720-0054 www.legisiliture.idabo.gov 
The Department. fol1owing consideration of public comments. intends to present this 
 -


proposed rule to the Board of Environmental Quality in October 2007 for adoption. If adopted 


by the Board and approved by the Legislature. the rule ,is expected to be final and effective upon 


adjournment ofthe 2008 legislative session. 


The proposed rule appears to be authorized by Sections 39-105 and 39-107. Idaho Code. 

2. IDAPA 58.01.05 - Rules and Standards for Hazardous Waste 

The Department of Environmental Quality submits notice ofproposed rulemaking at 

IDAPA 58.01.05 - Rules and Standards for Hazardous Waste. The Department states that this 

proposed rule reflects an annual update to maintain consistency with the U.S. Environmental 

Protection Agency's regulations implementing the Resource Conservation and Recovery Act as 

directed by the Idaho Hazardous Waste Management Act. This proposed rule updates the federal 

regulations incorporated by reference to include those revised as ofJuly 1. 2007. Also, this 

proposed rule includes technical corrections and clarifies that for the purpose offederal 

regulations, Regional Administrator means the U.S. Environmental Protection Agency Region 10 

Regional Administrator. 

The Department, following consideration ofpublic comments, intends to present this 

proposed rule to the Board ofEnvironmental Quality in October 2007 for adoption. If adopted 

by the Board and approved by the Legislature, the rule is expected to be final and effective upon -. 

adjournment of the 2008 legislative session. 

The proposed rule appears to be authorized by Sections 39-105 and 39-107. Idaho Code. 

3. IDAPA 58.01.10 - Rules Regulating the Disposal ofRadioactive Materials 

Not Regulated Under the Atomic Energy Act of 1954, as amended 

The Department ofEnvironmental Quality submits notice of proposed rulemaking at 

IDAPA 58.01.10 - Rules Regulating the Disposal ofRadioactive Materials Not Regulated Under 

the Atomic Energy Act of 1954, as amended. The Department has proposed this rulemaking in 

response to a Petition for Rulemaking filed by US Ecology Idaho, Inc. According to the 

Department, the company requested that the Board ofEnvironmental Quality direct the 

Department to initiate rulemaking to further limit the types ofradioactive materials that are 

eligible for unrestricted disposal in Idaho. The request was to add a new category ofradioactive 

materials that must be disposed of at a pennitted hazardous waste disposal site. 

This proposed rule adds a new broad category to the definition ofRadioactive Material. 

(See, subsection 010.10 ofthe proposed rule). The proposed rule also includes a revised 

reference to the Government Printing Office. 

Negotiations regarding the proposed rule were held and included representatives from US 

- Page 2 of 4 
CERTIFICATE OF HEARING 

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


Docket Nos. 58-0101-0701 


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

HEARING DATE: September 6, 2007 

The undersigned designated hearing facilitator hereby certifies that on the 6th 

day of September, 2007, a public hearing was held on the Rules for the Control of Air 

Pollution in Idaho, Docket No. 58-0101-0701, at the DEQ conference center in Boise, 

Idaho. The hearing commenced at 4 p.m. and was adjourned at 4:30 p.m. No 

members of the public attended the hearing. 

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

- by Idaho Code Section 67-5221, on August 1, 2007. This publication was timely made 

and other necessary notice requirements have been met. 

DATED this 6th day of September 2007. 

Paula J. WiiSOfl 

Hearing Facilitator 

-


CERTIFICATE OF HEARING 


State ofIdaho 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

Board of Environmental Quality 

1410 North Hilton, Boise, ID 83706-1255, (208) 373-OS02 C. L. "Butch" Otter, Governor 

Toni Hardesty, Director 

DECLARATION OF RULEMAKING 


BY THE BOARD OF ENVIRONMENTAL QUALITY 


ADOPTION OF PENDING RULES 


DOCKET NO. 58-0101-0701 


Pursuant to the authority granted to the Board of Environmental Quality in Title 39, Chapter 1, 

Idaho Code, and under the provisions for rule adoption contained in Section 67-5224, Idaho Code, I 

declare that the Rules for the Control of Air Pollution in Idaho are hereby adopted as pending rules as 

presented in the attached Final Proposal. /"7 .. // ... ,1 /

'n/~~&!t I 

STATE OF IDAHO ~ ) 

) ss. 

County of Ada ) 

On this 10th day of October, 2007, before me, the undersigned, a Notary Public in and for 

said State, personallyappearect:.:'S(x,...;.{j \,1-\ (..1 jOC':);.NI) ,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 Public for Idaho . d ) Residing at: ( N ~, J~ Expires: 7 ! ..)....u,,,M -3 

I f 

-

FINAL PROPOSAL 

RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO, DOCKET NO. 58-0101-0701 

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

adopt the rule as initially proposed in the Idaho Administrative Bulletin, August 1, 2007, Vol. 07-8, 

pages 128 through 135. 
RULE PROMULGATION AUTHORITY CHECKLIST 

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

INITIALS 

Docket No. 58-0101-0701 


DATE 


Icf<1h1 Legal Review of Proposed Administrative Rules Form 

Chv/o~ tilll Director Approval of Proposed Administrative Rules Form 

w2~1 Approval Received from DFM/Governor 1:t\ 

J 

Legal Review of Notice of Negotiated Rulemaking 4 -4& ~. ~ Director Approval of Notice of Negotiated Rulemaking 

- lP~'i 

I 

In ~ Legal Review of ProposedlTemporary Rule Docket 

CddJJu]- flJ.~ Director Approval of ProposedlTemporary Rule Docket 

* IljtL. Board Adoption of Temporary Rule 

~1 legal Review of Pending(Temporary Rule Docket 

/;{zb-:} aJJ Director Approval of PendinglTemporary Rule Docket 

Board Adoption of PendinglTemporary Rule 
), \ .) 

Docket Number: 58-0101-0701 

Effective Date: 2008 Sine die 

Rules Title: Rules for the Control of Air Pollution in Idaho 

Agency Contact and Phone: Martin Bauer, 373·0440 

Public Notice 

Negotiated Rule Making: [] Yes [X]No 

Groups Involved: N/A 

Descriptive Summary of Rule as it was Initially Proposed: 

This rulemaking is necessary to ensure that the Rules for the Control of Air Pollution in Idaho 

are consistent with federal regulations. This proposed rule updates citations to federal 

regulations Incorporated by reference at Sections 008 and 107 to include those revised as of 

July 1, 2007. Sections 200, 204, and 205 also include citations to federal regulations 

incorporated by reference in the state rules. DEQ proposes to revise Sections 200, 204, and 

205 to eliminate the need to annually revise the effective date of the Code of Federal 

Regulations in those sections. 

Hearings: [Xl Yes []No 

Locations and Oates: Boise, 9/6/07 

Written Comment Deadline: 9/6/07 

This rulemaking also deletes references to the clean unit and pollution control project 

provisions, which are expressly excluded from incorporation by reference into the state rules. 

These references, which are found at Subsections 107.03.a.i., 107.03.d., 204.01., and 205.01, 

are no longer necessary because EPA recently adopted a final rule eliminating the pollution 

control project and clean unit provisions from the federal regulations. Costs to the Agency: None anticipated. 

Public comments were received. The proposed rule has not been revised. DEQ recommends 

that the Board adopt the rule, as presented in the final proposal, as a pending rule with the 

final effective date coinciding with the adjournment sine die of the Second Regular Session of 

the Fifty-ninth Idaho Legislature. The rule is subject to review by the Legislature before 

becoming final and effective. 

Costs to the Regulated Community: None anticipated. 

Idaho Code § 67-5221 (c) 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: N/A 

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

Idaho Code § 39-1070 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. 

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

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

[ J Conferring a benefit 

Docket Number 58-0101-0701 

Section Section Title Summary of Rule Changes Outstanding Issues 

Based on Public Comment 

008.11 Definition of Part 70 No comment received. No change. None. 

107 Incorporations by Reference This section has not been changed. See attached None. 

Response to Comments. 

200 Procedures and Requirements for Permits to No comment received. No change. None. 

Construct 

204 Permit Requirements for New Major Facilities No comment received. No change. None. 

or Major Modifications in Nonattainment 


Areas 


205 Permit Requirements for New Major Facilities No comment received. No change. None. 

or Major Modifications in Attainment or 

Unclassifiable Areas 

-- ......-.~ ~ 

Rulemaking and Public Comment Suml""" ) Page 2 ) ) 
) 


) Rules for the Control ,,~ Jir Pollution in Idaho 


Docket No. 58-0101-0701 


Response to Public Comments 


'" ~(;o 

Mitchell J. Hart. P.E. 1\ In this con:ment M?untain Island .Energy Holdings requests that This comment is outside the scope of t~i~ rulemaking; the 

Mountain Island Energy Idaho opt m to the iederal clean aIr mercury cap and trade proposed rule does not include any reVISIons that would 

Holdings, LLC Iprogram. change the current status of the federal clean air mercury cap 

Soda Springs, ID I This comment also includes background information and a and trade program in Idaho. 

I chronology of events regarding the state of Idaho's actions with The proposed rule has not been revised in response to this 

I respect to the Federal Clean Air Mercury Rule Cap and Trade I comment. 

_ I Program. I 

ruggs This spring higher levels than ever have been found in the waters T 

Jerome, ID I

I 

in the southwest portion ofour State namely Mercury and they proposed rule does not include any revisions that would 

Icannot determine if it is coming in through the watershed or in change the current status of the federal clean air mercury cap 

I the air. We should not make any changes to our pollution level and trade program in Idaho. 

I leaving it as it stands now. We also should not aid in increasing The proposed rule has not been revised in response to this 

I the pollution by allowing our neighboring states to use our comment. 

I credits to betoul our air. 

IMercury is the worst thing you can put in the air because you 

I will never be able to remove it from the air we breathe or the 

I water we drink, use to grow our gardens, or the animals that 

Idrink it, all of which we consume at the dinner table. 

I This comment also enclosed an August 2006 newspaper article 

Iregarding mercury release at the Durkee, Oregon cement plant. 

I 

J _________ _ 


Response to Public Comments, Docket No. 58-0101-0701 
I 

These comments are submitted on behalf of the members of the DEQ herein specifically acknowledges that the D.C. Court of

Idaho Association of Idaho Association of Commerce & Industry (IACI). Some of the Appeals specifically vacated the National Emission 

Commerce & Industry members of IACI operate commercial, industrial, and 

institutional boilers and incinerators. 

On June 8, 2007 the United States Court of Appeals for the 

District of Columbia vacated in their entirety the National 

Emission Standards for Hazardous Air Pollutants for Industrial, 

Commercial, and Institutional Boilers and Process Heaters 

promulgated pursuant to section 112 of the Clean Air Act (CAA) 

{"the Boiler Rule"); and the Standards of Performance for New 

Stationary Sources and Emission Guidelines for Existing 

Sources: Commercial and Industrial Solid Waste Incineration 

Units as amended and promulgated under section 129 of the 

CAA (the "CISWI Rule"). Natural Resources Defense Council, 

Sierra Club, Environmental Integrity Projectv. EPA. The Court 

issued a Mandate vacating and remanding the rules on July 30, 

2007. 

Accordingly, IACl requests that the incorporation by reference 

of certain federal standards proposed in Rulemaking Docket 58­

0101-0701 be revised to exclude the relevant subparts from 

incorporation into Idaho's Air Rules. Specifically, IACI requests 

the following revisions (presented in italics) to IDAPA 

58.01.01.107.03(g) and (i) as follows: 

• (g) Standards of Performance for New Stationary 

Sources, 40 CFR Part 60, revised as of July 1, 2007, 

except for Supbarts [sic] CCCC and DDDD that were 

vacated by the U.S Court of Appeals for the District of 

Columbia on July 30, 2007 (NRDC v EPA) and are 

expressly excludedfrom the incorporation by reference 

• National Emission Standards for Hazardous Air 

Pollutants for Source Categories, 40 CFR Part 63, 

revised as of July 1, 2007, except for Supbart [sic] 

DDDDD that was vacated by the U.S Court of Appeals 

for the District of Columbia on July 30, 2007 (NRDC v 

EPA) and is expressly excluded from the incorporation 

by reference 

Standards for Hazardous Air Pollutants for Industrial, , 

Commercial, and Institutional Boilers and Process Heaters 

and portions of the Standards of Performance for New 

Stationary Sources and Emissions Guidelines for Existing 

Sources: Commercial and Industrial Solid Waste 

Incineration Units in Natural Resources Defense Council et 

al v EPA et ai, (D.C. Cir. 2007). The D.C. Court of Appeals 

has vacated, and issued a mandate on, several other 

provisions this past year, including 40 CFR Part 63, Subpart 

J (National Emission Standards for Hazardous Air Pollutants 

for Polyvinyl Chloride and Copolymers Production), Subpart 

J1111 (National Emission Standards for Hazardous Air 

Pollutants for Brick and Structural Clay Products 

Manufacturing), and Subpart KKKKK (National Emission 

Standards for Hazardous Air Pollutants for Clay Ceramics 

Manufacturing). Rather than attempt to exempt out each 

provision that has been vacated, DEQ believes it best to 

simply incorporate all the standards in its update, but will 

only include in permits and require compliance with those 

provisions in effect under federal law. 

It should be noted that DEQ requests annually from EPA 

updated delegation authority for new standards, and EPA 

cannot delegate authority to DEQ for standards that have 

been vacated. DEQ intends to revise and keep current its 

webpage on National Emission Standards for Hazardous Air 

Pollutants (NESHAP) and New Source Performance 

Standards (NSPS) at 

hup:llwww.deq.iduho.gov/air/prog issues/toxics/haps.ctin# 

what and 

http://w'\vw .deq. idaho.gov / air/permits formslpermitti ng/new 

source.c1in. 

The proposed rule has not been revised in response to this 


comment. 


f)csponse to Public Comments, Docket No. 58-0101-0701 "l

, ) ) 
I 

These revisions clarify that this year following the traditional 

incorporation date (July 1), these particular regulations were 

vacated by the Court and are no longer applicable to Idaho's air 

emissions sources. IACI appreciates your willingness to consider 

this clarification and proposed revision to Rulemaking Docket 

58-0101-070L 

Response to Public Comments, Docket No. 58-0101-0701 3 
4 

Proposed Motions for the October 2007 .....'1.':-"­d! Meeting of the Idaho Board of Environmental Quality 

Agenda Item #4 

Rules for the Control of Air Pollution in Idaho, Docket No. 58-0101-0701 

I move that the Idaho Board of Environmental Quality adopt the Rules for the 

Control of Air Pollution in Idaho as presented in the final proposal under 

Docket No. 58-0101-0701. 
FINAL PROPOSAL 

RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO, DOCKET NO. 58-0101-0701 

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


adopt the rule as initially proposed in the Idaho Administrative Bulletin, August 1,2007, Vol. 07-8, 


pages 128 through 135. 


-

IDAPA 58 • DEPARTMENT OF ENVIRONMENTAL QUALITY 

58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO 

DOCKET NO. 58-0101-0701 

NOTICE OF RULEMAKING - ADOPTION OF PENDING RULE 

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

pending review by the 2008 Idaho State Legislature for final approval. The pending rule will become final and 

effective immediately upon the adjournment sine die of the Second Regular Session of the Fifty-ninth 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 rulemaking updates 

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

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

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

DESCRIPTIVE SUMMARY: A detailed summary of the reason for adopting the rule is set forth in the initial 

proposal published in the Idaho Administrative Bulletin, August 1,2007, Vol. 07-8, pages 128 through 135. After 

consideration of public comments, the rule has been adopted as initially proposed. The Rulemaking and Public 

Comment Summary can be obtained at http://www.deq.idaho.gov/rulesiairI58_0IOI_070lyending.cfm or by 

contacting the undersigned. 

FISCAL IMPACT: 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: NIA 

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. 

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

rulemaking, contact Martin Bauer at (208) 373-0440, rnartin.bauer@deq.idaho.gov. 

Dated this 11th day of October, 2007. 

Paula J. Wilson 

Hearing Coordinator 

Department of Environmental Quality 

1410 N. Hilton, Boise, Idaho 83706-1255 

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

paula. wilson@deq.idaho.gov 

DOCKET NO. 58-0101-0701 - ADOPTION OF PENDING RULE 

No substantive changes have been made to the pending rule. 

The complete text of the proposed rule was published in the Idaho Administrative 


Bulletin, Volume 07-8, August 1,2007, pages 128 through 135. 


Tbis rule has been adopted as a pending rule by tbe Agency and is now pending 


review and approval by the 2008 Idaho State Legislature as a final rule. 


Idaho Administrative Bulletin Page 160 Decem ber 5, 2007 - Vol. 07-12 
~--
--

APRIL 2, 2008 REVISIONS TO 

58.01.01 - RULES FOR THE CONTROL OF AIR POLLU'nON IN IDAHO 

FOR INCLUSION IN IDAHO SIP 

(yellow Highlight Indicates Revised Section) 

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

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

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

Idaho; or (5-1-94) 

b. That are within fifty (50) miles 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 (I) ton of sulfur dioxide. (5-1-94) 

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

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

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

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

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

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

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

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

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

(5-1-94) 

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

40 CFR Part 63; (5-1-94) 

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

through 76510; (5-1-94) 

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

7661c(b) or Sections 120 through 128 of these 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 751Ib(e) and (f); and (5-1-94) 

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

CFRPart 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 

Page 1 
of a Phase II unit to represent the owner or operator in matters pertaining to the holding, transfer, or disposition of -., 


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


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


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

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

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

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

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

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

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

designed equipment, lack 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. General Permit. A Tier I permit issued pursuant to Section 335. (3-23-98) 

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

317. (3-23-98) 

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

following criteria: (3-23-98) 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

7511c and the facility has the potential to emit fifty (50) tpy or more of volatile organic compounds. (5-1-94) 

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

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

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

accordance with 42 U.S.C. Section 741Ia(f)(l) or (2) if the area is "marginal" or "moderate," one hundred (100) tpy 

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

Page 2 
.- the area is "extreme," ten (10) tpy or more. 	 (3-23-98) 

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

regulated air pollutant. The fugitive emissions shall not be considered in determining whether the facility is major 

unless the facility belongs to one (I) ofthe following categories: (4-11-06) 

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

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

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

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

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

revised as ofJuly I, 2007, are hereby incorporated by reference. (4-2-08) 

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

13. Pbase II Source. A source that is subject to emissions reduction requirements of 42 U.S.C. 

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

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

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

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

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

16. Section S02(b)(10) Cbanges. Changes that contravene an express permit term. Such changes do .-	 not include changes that would violate applicable requirements or contravene federally enforceable permit terms and 

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

requirements. (3-19-99) 

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

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

107. INCORPORATIONS BY REFERENCE. 

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

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

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

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

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

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

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

a. All federal publications: U.S. Government Printing Office, http://www.gpoaccess.gov/index.htm1; 

and (3-20-04) 

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

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

0502. 	 (7-1-97)

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

3316. (7-1-97) 

Page 3 
03. Documents Incorporated by Reference. The following documents are incorporated by reference 

into these rules: (5-1-94) 

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

to Part 51--Guideline on Air Quality Models. 40 CFR Part 51 revised as of July 1,2007. The following portions of 

40 CFR Part 51 are expressly excluded from any incorporation by reference into these rules: (4-2-08) 

i. All sections included in 40 CFR Part 51, Subpart P, Protection of Visibility, except that 40 CFR 

51.301, 51.304(a), 51.307, and 51.308 are incorporated by reference into these rules; and (3-30-07) 

Ii. Appendix Y to Part 51, Guidelines for BART Determinations Under the Regional Haze Rule. 

(3-30-07) 

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

July I, 2007. (4-2-08) 

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

Visibility, 40 CFR 51.301, 51.304(a), 51.307, and 51.308, revised as ofJuly 1,2007. (4-2-08) 

d. 	 Approval and Promulgation ofImplementation Plans, 40 CFR Part 52 revised as of July 1,2007. 

(4-2-08) 

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

2007. (4-2-08) 

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

Deterioration (PSD Air Monitoring), 40 CFR Part 58, Appendix B, revised as of July 1,2007. (4-2-08) 

g. 	 Standards ofPerformance for New Stationary Sources, 40 CFR Part 60, revised as of July I, 2007. 

(4-2-08) 

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

2007. (4-2-08) 

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

revised as of July 1,2007. (4-2-08) 

j. Compliance Assurance Monitoring, 40 CFR Part 64, revised as ofJuly I, 2007. 	 (4-2-08) 

k. Permits, 40 CFR Part 72, revised as of July 1,2007. 	 (4-2-08) 

I. Sulfur Dioxide Allowance System, 40 CFR Part 73, revised as of July 1,2007. 	 (4-2-08) 

m. Protection of Stratospheric Ozone, 40 CFR Part 82, revised as of July 1,2007. 	 (4-2-08) 

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

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

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

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

93.129, revised as of July 1,2007, except that Sections 93.102(c), 93.l04(d), 93.104(e)(2), 93.105, 93.l09(c)-(t), 

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

reference. (4-2-08) 

p. The fmal rule for Standards of Performance for New and Existing Stationary Sources: Electric 

Page 4 
Utility Steam Generating Units, 70 Fed. Reg. 28,606 (May 18,2005), corrected at 70 Fed. Reg. 51,266 the fmal rule 

for Standards of Perfonnance for Electric Utility Steam Generating Units, Industrial-Commercial-Institutional 

Steam Generating Units, and Small Industrial-Commercial-Institutional Steam Generating Units, only as it applies to 

coal fired electric steam generating units as defined in 40 CFR 60.24, 71 Fed. Reg. 9865 (February 27, 2006); 

Revision of December 2000 Clean Air Act Section 112(n) Finding Regarding Electric Utility Steam Generating 

Units; and Standards of Perfonnance for New and Existing Electric Utility Steam Generating Units: 

Reconsideration, 71 Fed. Reg. 33,388 (June 9, 2006) are expressly excluded from any incorporation by reference 

into these rules. (3-30-07) 

200. PROCEDURES AND REQUIREMENTS FOR PERMITS TO CONSTRUCT. 

The purposes of Sections 200 through 228 is to establish unifonn procedures and requirements for the issuance of 

"Pennits to Construct." As used throughout Sections 200 through 228 and 578 through 581, major facility shall be 

defmed as major stationary source in 40 CFR 52.21(b), incorporated by reference into these rules at Section 107, 

and major modification shall be defined as in 40 CFR 52.21(b), incorporated by reference into these rules at Section 

107. These CFR sections have been codified in the electronic CFR which is available at www.gpoaccess.gov/ecfr. 

(4-2-08) 

204. PERMIT REQUIREMENTS FOR NEW MAJOR FACILITIES OR MAJOR MODIFICATIONS 

IN NONATTAINMENT AREAS. 

New major facilities or major modifications proposed for location in a nonattainment area and which would be 

major for the nonattainment regulated air pollutant are considered nonattainment new source review (NSR) actions 

and are subject to the requirements in Section 204. Section 202 contains application requirements and Section 209 

contains processing requirements for nonattainment NSR pennitting actions. The intent of Section 204 is to 

incorporate the federal nonattainment NSR rule requirements. (4-6-05) 

01. Incorporated Federal Program Requirements. Requirements contained in the following 

subparts of 40 CFR 51.165 are incorporated by reference into these rules at Section 107. Requirements contained in 

the following subparts of 40 CFR 52.21, are incorporated by reference at Section 107 of these rules. These CFR 

sectio ns h b ave een co d'fI lIe d· m e e th 1 . ectromc CFR w h' IC h . IS aval '1 a bl eat www.gpoaccess.gov / ec fr

40 CFR Reference 40 CFR Reference Title 

40 CFR 51.165(a)(1) Definitions 

40 CFR 51.165(a)(2)(ii)(A) - (J) Applicability Provisions 

40 CFR 51.165(a)(6)(i) - (v) Applicability Provisions 

40 CFR 52.21 (aa) Actual PALs 

(4-2-08) 

02. Additional Requirements. The applicant must demonstrate to the satisfaction of the Department 

the following: (4-6-05) 

a. LAER. Except as otherwise provided in Section 204, the new major facility or major modification 

would be operated at the lowest achievable emission rate (LAER) for the nonattainment regulated air pollutant, 

specifically: (4-6-05) 

i. A new major facility would meet the lowest achievable emission rate at each new emissions unit 

which emits the nonattainment regulated air pollutant; and (4-5-00) 

,- ii. A major modification would meet the lowest achievable emission rate at each new or modified 

emissions unit which has a net emissions increase ofthe nonattainment regulated air pollutant. (4-5-00) 

Page 5 
b. Required offsets. Allowable emissions from the new major facility or major modification are 

offset by reductions in actual emissions from stationary sources, facilities, and/or mobile sources in the 

nonattainment area so as to represent reasonable further progress. All offsetting emission reductions must satisfy the 

requirements for emission reduction credits (Section 460) and provide for a net air quality benefit which satisfies the 

requirements of Section 208. Ifthe offsets are provided by other stationary sources or facilities, a permit to construct 

shall not be issued for the new major facility or major modification until the offsetting reductions are made 

enforceable through the issuance of operating permits. The new major facility or major modification may not 

commence operation, and an operating permit for the new major facility or major modification shall not be effective 

before the date the offsetting reductions are achieved. (4-5-00) 

c. Compliance status. All other sources in the State owned or operated by the applicant, or by any 

entity controlling, controlled by or under common control with such person, are in compliance with all applicable 

emission limitations and standards or subject to an enforceable compliance schedule. (5-1-94) 

d. Effect on visibility. The effect on visibility of any federal Class I area, Class I area designated by 

the Department, or integral vista of a mandatory Class I Federal Area, by the new major facility or major 

modification, is consistent with making reasonable progress toward the national visibility goal referred to in 40 CFR 

51.300(a). The Department may take into account the costs of compliance, the time necessary for compliance, the 

energy and non-air quality environmental impacts of compliance and the useful life of the source. Any integral vista 

which the Federal Land Manager has not identified at least six (6) months prior to the submittal of a complete 

application, or which the Department determines was not identified in accordance with the criteria adopted pursuant 

to 40 CFR 51.304(a), may be exempted from Section 204 by the Department. (3-30-07) 

03. Nonmajor Requirements. If the proposed action meets the requirements of an exemption or 

exclusion under the provisions of 40 CFR 51.165 or 40 CFR 52.21 incorporated in Section 204, the nonmajor 

facility or stationary source permitting requirements ofSections 200 through 228 apply, including the exemptions in 

Sections 220 through 223. (4-6-05) 

20S. PERMIT REQUIREMENTS FOR NEW MAJOR FACILITIES OR MAJOR MODIFICATIONS 

IN ATTAINMENT OR UNCLASSIFIABLE AREAS. 

The prevention of significant deterioration (PSD) program is a construction permitting program for new major 

facilities and major modifications to existing major facilities located in areas in attainment or in areas that are 

unclassifiable for any criteria air pollutant. Section 202 contains application requirements and Section 209 contains 

processing requirements for PSD permit actions. The intent of Section 205 is to incorporate the federal PSD rule 

requirements. (4-6-05) 

01. Incorporated Federal Program Requirements. Requirements contained in the following 

subparts of 40 CFR 52.21 are incorporated by reference into these rules at Section 107. These CFR sections have 

been codified in the electronic CFR which is available at www.gpoaccess.gov/ecfr. 

40 CFR Reference 40 CFR Reference Title 

40 CFR 52.21 (a)(2) Applicability Procedures 

40 CFR 52.21 (b) Definitions 

40 CFR 52.21 (i) Review of Major Stationary Sources and Major Modifications 

- Source Applicability and Exempting 

40 CFR 52.210) Control Technology Review 

40 CFR 52.21(k) Source Impact Analysis 

40 CFR 52.21(r) Source Obligation 

-


Page 6 
40 CFR 52.21 (v) Innovative Control Technology 

40 CFR 52.21 (w) Permit Rescission 

40 CFR 52.21 (aa) Actual PALS 

(4-2-08) 

02. Effect on Visibility. The applicant must demonstrate that the effect on visibility of any federal 

Class I area, Class I area designated by the Department, or integral vista of a mandatory Class I Federal Area, by the 

new major facility or major modification, is consistent with making reasonable progress toward the national 

visibility goal referred to in 40 CFR 51.300(a). The Department may take into account the costs of compliance, the 

time necessary for compliance, the energy and non-air quality environmental impacts of compliance and the useful 

life of the source. Any integral vista which the Federal Land Manager has not identified at least six (6) months prior 

to the submittal of a complete application, or which the Department determines was not identified in accordance 

with the criteria adopted pursuant to 40 CFR 51.304(a), may be exempted from this requirement by the Department. 

(3-30-07) 

03. Exception to Incorporation by Reference of 40 CFR 52.21. Every use of the word 

Administrator in 40 CFR 52.21 means the Department except for the following: (4-6-05) 

a. In 40 CFR 52.21 (b)(1 7), the defmition of federally enforceable, Administrator means the EPA 

Administrator. (4-6-05) 

b. In 40 CFR 52.21(1)(2), air quality models, Administrator means the EPA Administrator. (4-6-05) 

c. In 40 CFR 52.21(b)(43), permit program approved by the Administrator, Administrator means the 

EPA Administrator. (4-6-05) 

d. In 40 CFR 52.21 (b)(48)(ii)(c), MACT standard that IS proposed or promulgated by the 

Administrator, Administrator means the EPA Administrator. (4-6-05) 

e. In 40 CFR 52.21(b)(50)(i), regulated NSR pollutant as defmed by Administrator, Administrator 

means the EPA Administrator. (4-6-05) 

04. Nonmajor Requirements. If the proposed action meets the requirements of an exemption or 

exclusion under the provisions of 40 CFR 52.21 incorporated in Section 205, the nonmajor facility or stationary 

source permitting requirements of Sections 200 through 228 apply, including the exemptions in Sections 220 

through 223. (4-6-05) 

-. 


Page 7