## 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 foryour review and approval are an original and four copies of revisions to the Department of Environmental Quality's (DEQ) Rules forthe Control ofAir Pollution in Idaho, IDAPA 58.01.01. DEQ is seeking Environmental Protection Agency (EPA) approval ofthe following revision as an updateto the contents ofthe 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 pursuanttothe Environmental Protection and Health Act, Idaho Code, Sections 39-101 through 39-130. Review and approval by a DEQ DeputyAttorney General was obtained at appropriate times throughoutthe rulemaking process. Rule adoption was made in accordance with the requirements ofthefederal Clean AirAct and applicable federal regulations. None ofthe revisions included in this submittal ref/ect a reduction in emission limits. As a follow-up to previous submittals, DEQ forwarded thefollowing 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 documentswill 

### be reviewed by your staff in the future. We mention these dockets here only for purposes ofensuring 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) Docket58-0101-0002 - 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 - Permitto 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 Docket58-0101-0508 - 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 

### Ifyou oryour staff have questions concerning any ofthese rules, please contact Martin Bauer, AirQuality Division Administrator, at 208-373-0440. 

### Mr. Bauer and his staffare 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, DEQSTATE OF IDAHO 

### DEPARTMENT OF ENVIRONMENTAL QUALITY

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



### AMENDMENTTO THE RULES FORTHE CONTROL OF AIR POLLUTION IN IDAHO

Pursuant to the Environmental Protection and Health Act, Idaho Code 39-101 through 39-130, I hereby submit amendmentsto the Rules forthe Control ofAir Pollution in Idaho (Air Rules), IDAPA 58.01.01, as edited in the attachments, as a revision to AppendixA.3 ofthe Implementation Plan forthe Control ofAir Pollution in the State of Idaho (Idaho SIP). The changes being submitted were adopted as pending by the Board of Environmental Quality and approved bythe 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 rulemaking. 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 ofthestate's Title V Operating PermitProgrampursuantto 40 CFRPart 70 and fulfilling the requirements ofIdaho'sdelegation agreement with EPA under Section 112(1) ofthe Clean Air Act. PUBLIC HEARING SCHEDULE: Apublichearing concerning this proposed rulemaking will be held as follows: September6, 2007

- 4:00 p.m. DepartmentofEnvironmental QualityConference Center 1410 N. Hilton, Boise, Idaho The hearing site(s) will be accessible to persons with disabilities. Requests for accommodation mustbe made no later than five (5) days priorto thehearing. For arrangements, contactthe undersigned at (208) 373-0418. DESCRIPTIVE SUMMARY: This rulemaking is necessaryto ensurethatthe Rules for the Control ofAir Pollution in Idaho are consistent with federal regulations. This proposed rule updates citations to federal regulations
. incorporatedby reference at Sections 008 and 107 to include those revised as ofJuly 1,2007. Sections 200,204, and 205 also include citations to federal regulations incorporatedby 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 inthose sections. 

# - This rulemaking also deletes references to the clean unit and pollution controlprojectprovisions, 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 controlproject and cleanunit provisions from the federal regulations. Members ofthe regulated community who may be subject to Idaho's air quality rules as well as special interest groups, public officials, or members ofthe 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 isunderlined. Language the agencyproposes to delete is struck out. Itis these additions and deletions to which public comment shouldbe addressed. After consideration ofpublic comments, DEQ intends to present the final proposal to the Board ofEnvironmental Quality in October 2007 for adoption of a pending rule. The rule is expected to be final and effective upon adjournment ofthe 2008 legislative session ifadoptedby the Board and approved bythe Legislature. IDAHO CODE SECTION 39-107D STATEMENT: This proposedrule does not regulate an activity not regulated by the federal government, nor is itbroader in scope or more stringent than federal regulations. FISCAL IMPACT: The following is a specific description, ifapplicable, ofany negative fiscal impact onthe state general fund greater than ten thousand dollars ($10,000) duringthe fiscal year: N/A NEGOTIATED RULEMAKING: Due to the nature ofthis 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 ore-mail at the address below regarding this proposedrule. DEQ will consider all written comments received bythe undersigned on orbefore September 6, 2007.

Idaho AdministrativeBulletin Page 128 August 1,2007

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# -. DEPARTMENT

### OF ENVIRONMENTAL QUALITY DocketNo.**58~0101~0701** Rules for the ControlofAirPollution in Idaho prC)I)()Se!dRule DATED this 29th day ofJune, 2007.
Paula 1. Wilson, Hearing Coordinator DepartmentofEnvironmental Quality 1410N. Hilton, Boise, Idaho**83706~1255 (208)373~0418** / Fax No. (208)373-0481 pwilson@deq.idaho.gov

THEFOLLOWINGIS THE TEXTOFDOCKET NO.**58-0101~0701** 008. DEFINITIONS FORTHE PURPOSES OFSECTIONS 300 THROUGH386. 01. Affected States. All States:**(5~1-94)** a. Whose air quality maybe affectedby the emissions ofthe Tier I source and that are contiguous to Idaho; or (5-1-94) 

### b. That are within fifty (50) miles oftheTier 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 calendaryear, one (1) ton ofsulfur dioxide. (5-1-94)

­ 

### O;t Applicable Requirement. All ofthe following ifapproved orpromulgated by EPA as they apply to emissions units in a Tier I source (including requirements that have been promulgated through rulemaking at the time ofpermit issuancebut whichhave future-effective compliance dates): (5-1-94)
a. Any standard or other requirement provided for in the applicable state implementation plan, including any revisions to thatplan that are specified in 40 CFRParts 52.670 through 52.690. (5-1-94) b. Any term or condition ofany permits to construct issued by the Department pursuant to Sections 200 through 223 or by EPA pursuant to 42 U.S.c. Sections 7401 through 7515; provided that terms or conditions relevant only to toxic air pollutants are not applicable requirements. (4-S-00)


### c. Any standardorother requirement under 42 U.S.c. Section 7411 including40 CFRPart 60; (5-1-94) 

### d. Any standard orotherrequirementunder42 U.S.C. Section7412 including40 CFRPart 61 and40 CFR Part 63; (5-1-94)


### e. Any standard orotherrequirement ofthe acid rain programunder42 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 120through 128 ofthese rules; (3-23-98) g. Any standard or other requirement governing solid waste incineration, under 42 U.S.c. Section 7429; (5-1-94) h. Any standard or otherrequirement for consumer and commercial products and tank vessels, under 42 U.S.C. Sections 7511b(e) and (f); and (5-1-94) 

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### OF ENVIRONMENTAL QUALITY DocketNo. 58-0101-0701 Rules for the Control of AirPollution in Idaho ProposedRule
i. Any standardorotherrequirement under 42 U.S.C. Sections 7671 through 7671qincluding40 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 authorizedby the owner oroperator ofa Phase II unit to represent the owner or operator in matters pertaining to the holding, transfer, or disposition of allowances allocated to a Phase II unit, and the submission ofand compliance with permits, permit applications, and compliance plans for the Phase II unit. (5-1-94) 05. DraftPermit.The version ofaTierI operatingpermitthat is made availablebythe Departmentfor public participation and affected State review. (5-1-94) 06. Emergency. For the purposes ofSection 332, an emergency is any situation arising from sudden and reasonably unforeseeable events beyond the control of the owner or operator, including acts of God, which situation requires immediate corrective actionto 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, lackofpreventative maintenance, careless orimproper operation, oroperator error. (4-5-00) 07. Final Permit. The version of a Tier I permit issued by the Department that has completed all reviewprocedures required in Sections 364 and 366. (5-1-94) OS. General Permit. A Tier Ipermit issuedpursuantto Section 335. (3-23-98) 09. Insignificant Activity. Those activities that qualify as insignificant in accordance with Section 317. (3-23-98) 10. Major Facility. A facility (as defined in Section 006) is major ifthe facility meets any of the following criteria: (3-23-98)
a. Forhazardous airpollutants: (3-23-98) i. The facility emits orhas the potential to emit ten (10) tons peryear (tpy) ormore ofany hazardous air pollutant, other than radionuclides, which has been listed pursuant to 42 U.S.C. Section 7412(b); provided that emissions from any oilorgas exploration orproduction well (with its associated equipment) andemissions from any oil or gas pipeline compressor or pump station shall not be aggregated with emissions from other similar emission units within the facility. (5-1-94) ii. The facility emits orhas the potential to emit twenty-five (25) tpy or more ofany combination of any hazardous air pollutants, other than radionuclides, which have been listed pursuant to 42 U.S.C. 7412(b); provided that emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from anyoil or gas pipelinecompressororpump station shallnotbe aggregatedwith emissions from other similaremissionunits within the facility. (5-1-94) 

### b. Fornon-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 ormore 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 ormore ofcarbon monoxide. (5-1-94) 

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# - DEPARTMENT

### OFENVIRONMENTAL QUALITY DocketNo. 58·0101-0701 Rules for the ControlofAirPollution in Idaho ProposedRule

Ill. The facility is located in an ozone transport region established pursuantto 42 U.S.C. Section7511c and the facility has the potentialto emitfifty (50) tpy or more ofvolatile organic compounds. (5-1-94) iv. The facility is located in an ozone nonattainment area and, depending upon the classification ofthe nonattainment area, the facility has the potential to emit the following amounts ofvolatile organic compounds or oxides of nitrogen; provided that oxides of nitrogen shall not be included if the facility has been identified in accordance with 42 U.S.C. Section 741la(f)(l) or (2) ifthe area is "marginal" or "moderate," one hundred (100) tpy or more, ifthe areais "serious," fifty (50) tpy or more, ifthe area is "severe," twenty-five (25) tpy or more, and ifthe area is "extreme,"ten (10) tpy ormore. (3-23-98)
c. The facility emits or has the potential to emit one hundred (100) tons per year or more ofany regulated air pollutant. The fugitive emissions shall not be considered in determining whether the facility is major unless the facility belongs to one (1) ofthe following categories: (4-11-06) i. Designatedfacilities. (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 beenregulated for that category and only ifdeterminedby rule by theAdministrator ofEPA pursuantto Section 302(j) ofthe Clean Air Act. (4-5-00) 11. Part 70. Unless specified otherwise in this chapter, all definitions adoptedunder 40 CFR Part 70, revised as ofJuly 1,20061, are hereby incorporatedbyreference. (3 30 (7)L-.} 

### 12. PermitRevision. Any permitmodification, administrative amendment or reopening. (3-19-99) 13. PhaseII Source. A sourcethat is subjectto emissions reductionrequirements of42 U.S.C. Section 7651 through 76510 and shall have the meaning given to itpursuant to those sections. (5-1-94) 14. Phase II Unit. A unit that is subject to emissions reduction requirements of42 U.S.c. Sections 7651 through 76510 and the term shallhave the meaning given to itpursuant to those sections. (5-1-94) 15. Proposed Permit. The version ofa permit that the Department proposes to issue and forwards to the EPA for review. (5-1-94) 16. Section S02(b)(10) Changes. Changes that contravene an express permit term. Such changes do not include changes thatwould violate applicable requirements or contravene federally enforceable permit terms and conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements. (3-19-99) 17. TierI OperatingPermit. Anypermitcovering a Tier I sourcethat is issued, renewed, amended, or revisedpursuant to Sections 300 through 386. (3-19-99) (BREAKIN CONTINUITY

### OFSECTIONS) 107. INCORPORATIONS BY REFERENCE. 01. General. Unless expressly provided otherwise, any reference in these rules to any document identified in Subsection 107.03 shall constitute the full incorporation into these rules of that document for the purposes of the reference, including any notes and appendices therein. The term "documents" includes codes, standards or rules which have been adopted by an agency ofthe state or ofthe United States or by any nationally recognized organization or association. (5-1-94) 02. Availability of Referenced Material. Copies ofthe documents incorporated by reference into these rules are available at the following locations: (5-1-94) 

# -



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### OFENVIRONMENTAL QUALITY DocketNo.**58~0101-0701** Rules for the ControlofAirPol/ution in Idaho ProposedRule



### a. All federal publications: U.S. Government Printing Office, http://www.gpoaccess.gov/index.html; and (3-20-04) 

### b. All documents herein incorporatedbyreference: (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 ofImplementation Plans and Appendix W to Part 51--Guideline on Air Quality Models. 40 CFR Parts 51 revised as ofJuly I,20M1. The following portions of 40 CFRPart 51 are expresslyexcluded from any incorporationbyreference into these rules: (3 30 (7)L......J The deem URi! al'lripolhxtifJf'l efmtl'o[ projeetprfni9iolt8 iff 40 CPR 5f.165; (3 30 (7) ii. All sections included in 40 CFR Part 51, Subpart P, Protection ofVisibility, except that 40 CFR 51.301, 51.304(a), 51.307, and 51.308 are incorporatedby reference into these rules; and (3-30-07) iii. Appendix Y to Part 51, Guidelines for BART Determinations Underthe 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 PromulgationofImplementationPlans, 40 CFRPart 52, CJtehtdil1g the cleem URi! and pellttlien cmlli'&lpl'Cifeetp''tni9itm8 fit 40 CPR 52.21, revised as ofJuly 1, 20061.**~** e. Ambient Air MonitoringReference and Equivalent Methods, 40 CFR Part 53, revised as ofJuly I, 20M1. (3 30 (7)L......J f. Ambient Air Quality Surveillance, Quality Assurance Requirements for Prevention ofSignificant Deterioration (PSD AirMonitoring), 40 CFRPart 58, Appendix B, revised as ofJuly 1, 20M1. (3 30 07JL--.-J. g. Standards ofPerformance for New Stationary Sources, 40 CFRPart 60, revised as ofJuly I,20061.**~** 

### h. National Emission Standards for Hazardous Air Pollutants, 40 CFR Part 61, revised as ofJuly I, 20M2.**~** i. National Emission Standards for Hazardous Air Pollutants for Source Categories, 40 CFR Part 63, revised as ofJuly 1, 20061.**~** j. Compliance Assurance Monitoring, 40 CFRPart 64, revised as ofJuly 1,20061. (3 30 07)L......J k. Permits, 40 CFRPart72, revised as ofJuly 1,20061. (3 30 (7)L......J I. SulfurDioxideAllowance System,40 CFRPart 73, revised as ofJuly 1, 20061. (3 30 (7)L......J 

# - IdahoAdministrativeBulletin Page 132 August 1,2007

- Vol. 07-8DEPARTMENTOFENVIRONMENTAL QUALITY DocketNo. 58-0101-0701 Rules for the ControlofAirPollution in Idaho ProposedRule

m. Protection ofStratospheric Ozone, 40 CFRPart 82, revised as ofJuly 1,20061. (3 30 (7)L-J.
n. Clean AirAct, 42 U.S.c. Sections 7401 through 7671g (1997). (3-19-99)
o. Determining Conformity ofFederal Actions to State orFederal ImplementationPlans: 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 ofPerformance 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 ofPerformance 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 steamgeneratingunits as definedin 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 ofPerformance for New and Existing Electric Utility Steam Generating Units: Reconsideration, 71 Fed. Reg. 33,388 (June 9, 2006) are expresslyexcluded from any incorporationbyreference into theserules. (3-30-07) (BREAKIN CONTINUITYOFSECTIONS) 200. PROCEDURES AND REQUIREMENTSFORPERMITS 10CONSTRUCT. The purposes ofSections 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

­ definedas major stationary source in40 CFR 52.21(b), reviset1tt!J e/J1iIy 1, 2005incorporatedbyreference 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 CFRwhich is available at www.gpoaccess.gov/ecfr.**~** (BREAKIN CONTINUITYOFSECTIONS) 204. PERMIT REQUIREMENTS FORNEWMAJOR FACILITIES ORMAJORMODIFICATIONS IN NONATTAINMENT AREAS. New majorfacilities ormajor modificationsproposedfor location ina nonattainment area and whichwouldbe major for the nonattainmentregulated air pollutant are considerednonattainment 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 ofSection 204 is to incorporate the federal nonattainmentNSRrule requirements. (4-6-05) 01. Incorporated Federal Program' Requirements. Requirements contained in the following subparts of40 CFR 51.165,**c~lit{iing** the detm ,mit t'tflfipellutien centroip1'6jcctpl,,(}'I'jsiel'I!J, re,,.iscd tt!J ef}t;t/y 1, 2{)(}§, are herebyincorporated byreference into thesemles at Section 107. Requirements contained in the following subparts of40 CFR 52.21, re-"iset1 tt!J qlJuly 1, 2996, are herebyincorporated by reference at Section 107 ofthese rules. These CFR sections havebeencodifiedinthe electronic CFRwhich is available atwww.gpoaccess.gov/ecfr



# -. Idaho Administrative Bulletin Page 133 August 1,2007

- Vol. 07-8DEPARTMENT

### OF ENVIRONMENTAL QUALITY 

### DocketNo. 58-0101-0701 Rules for the Control

### ofAirPollution in Idaho ProposedRule

40 CFR 52.21(aa) Actual PALs (3 39 (}7)L-J 02. Additional Requirements. The applicant must demonstrate to the satisfaction ofthe 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 nonattainmentregulated airpollutant; 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 nonattainmentregulated airpollutant. (4-5-00) b. Required offsets. Allowable emissions from the new majorfacility ormajor modification are offset byreductions 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. 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 ofoperatingpermits. Thenew majorfacility ormajormodification may not conmience operation, and an 

# - operatingpermit for the newmajor facility ormajor modification shall notbe 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 orsubject to an enforceable compliance schedule. (5-1-94) d. Effect on visibility. The effect on visibility ofany 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 consistentwith making reasonable progress toward the national visibility goal referred to in 40 CFR Sl.300(a). The Department may take into account the costs ofcompliance, the time necessary for compliance, the energy and non-air quality environmental impacts ofcompliance and the useful life ofthe 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, orwhich 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 bythe 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 or40 CFR52.21 incorporated in Section 204, the nonmajorfacility or stationary sourcepermittingrequirements ofSections 200 through 228 apply, includingthe exemptions in Sections 220 through 223. (4-6-05) 205. PERMITREQUIREMENTS FORNEWMAJORFACILITIES ORMAJORMODIFICATIONSIN ATTAINMENTORUNCLASSIFIABLEAREAS. 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 airpollutant. Section 202 contains application requirements and Section 209 contains processing requirements for PSD permit actions. The intent ofSection 205 is to incorporate the federal PSD rule requirements. (4-6-05)

Idaho AdministrativeBulletin Page 134 August 1,2007

- Vol. 07-8DEPARTMENT

### OFENVIRONMENTAL QUALITY DocketNo. 58-0101-0701 Rules for the Control of AirPollution in Idaho ProposedRule 01. Incorporated Federal Program Requirements. Requirements contained in the following subparts of40 CFR 52.21, (]Eluding the cleall tmit (JIltipellutim'l eel'ltrelplvjeetpro
....isi81'lS, revised CIS elJuly 1, are heFehyincorporatedby reference into theserules at Section 107. These CFRsections have been codified in the electronic CFRwhich 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 ImpactAnalysis 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 designatedbythe Department, orintegral vista ofa mandatory Class I Federal Area, bythe new major facility or major modification, is consistent with makingreasonableprogress towardthenational visibility goal referred to in 40 CFR 51.300(a). The Department may take into account the costs ofcompliance, the time necessary for compliance, the energy and non-air quality environmental impacts ofcompliance and the useful life of the source. Any integral vista which the Federal Land Manager has not identified at least six (6) months priorto the submittal ofa complete application, or which the Department determines was not identified in accordance with the criteria adopted pursuantto 40 CFR 51.304(a), maybeexempted from this requirementbythe Department.(3-30-07) 03. Exception toIncorporationbyReference of40 CFR52.21. Everyuse ofthe wordAdministrator in 40 CFR 52.21 means the Department exceptfor 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 CFR52.21(1)(2), air quality models, Administratormeans 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 52.2I (b)(48)(ii)(c), MACT standard that is proposed or promulgated by the Administrator, Administratormeans 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 of40 CFR 52.21 incorporated in Section 205, the nonmajor facility or stationary source permitting requirements ofSections 200 through 228 apply, including the exemptions in Sections 220 through 223. (4-6-05) 

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- Vol. 07-8

### IJST OF PUBLIC COMMENTS Proposed Rules for the Control ofAir 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 ofBusiness in ldaho@ 

### September 6, 2007 Paula Wilson, Hearing Coordinator Department ofEnvironmental Quality t

### 410 North Hilton Boise, Idaho 83706-1255 Re: Comments on Rulemaking Docket 58-0 101-070I DearMs. Wilson: These comments are submitted on behalfofthe members ofthe Idaho Association ofCommerce & 

### Industry (lACI). Some of the members of IACI operate commercial, industrial, and institutional boilers and incinerators. On June 8, 2007 the United States Court ofAppeals for the District ofColumbia 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 ofPerformance 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, EnvironmentalIntegrity Project 

### v. EPA. 

### The Court issued a Mandate vacating and remanding the rules onJuly 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 ofPerformance for New Stationary Sources, 40 CFR Part 60, revised as ofJuly I, 2007, exceptfor Supbarts CCCC andDDDD that were vacated by the US Court of Appealsfor the District ofColumbia on July 

### 30.2007 (NRDC v 

### EPA) andare expressly excludedfrom the incorporation by reference


### • National Emission Standards for Hazardous Air Pollutants for Source Categories, 40 CFR Part 63, revised as ofJuly I, 2007, exceptfor Supbart DDDDD that was vacatedby the US Court of Appealsfor 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 58-0I01-0701. Sincerely, 0fgM1.'y signed bySue $omen 

# Sue ON: ::1'10,51.1. Somers. c::oUS, el'l'au",sue tW.ItNlr-l@potfat<;heorp. Dale: 2001 09,06 15:33:08 ·07'00' 

# Somers cam 

# - Sue Somers lACIEnvironment 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 1410N. 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. GovernorJim Risch to opt outofEPA's Program increasing emissions in our state which would lowerthe quality ofthe air we breathe. This springhigherlevels than everhave beenfound inthe watersinthe southwestportion ofour State namely Mercury and they cannot detennine ifit is coming in through the watershed orin the air. We shouldnot make any changesto ourpollution level leavingit as it as it stands now. We also should not aid in increasingthe pollution by allowing ourneighboring states to use ourcreditsto befoul ourair. All ofthese limits wehavenowhavebeenpulledoutofthe same smoky air in the rooms 

### at Washington bypoliticians sworn to make intelligent decisions. Mercury is the worst thing youcanputinthe airbecauseyou will neverbe ableto remove it from the airwebreathe orthe water we drink, use to grow our gardens, orthe animals that drink it, all of which we consume atthe dinnertable. Enclosed is a copy ofan item regarding Mercuryrelease atthe Durkee, OregonCement Plant. 1ton ofmercury was released into the airthe first yearofoperation andto this dayprobably remains the same today 3 years laterdueto miscalculations, errors in engineering, etc. No curtailments ofthe operationswere made due tothe fact that false infonnation was suppliedto Ash Grove Cement Plant With rules andprocedureslike this we are doomed fordisasterbefore anynewplants that require Coal as a powersource thatarebuilt on faulty ormisleading infonnation should neverbeput online and mothballed until measures are taken to preventexcessive pollution. Sincerely,

# fU41<J~e**5~~...,v** Jimmie Scruggs 533 E.17thAve. Jerome, Id. 83338


# - End] 

### HECEIVED 

## SEP 

# u5LUUI \)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 thatthe 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 - InAugust 2006, GovernorJim Risch orders IDEQto Opt-Out of

### the Federal Clean Air Mercury Rule (CAMR) Cap and Trade Program. By November2006, the IDEQ Board of Environmental Quality instructs IDEQ to: • Inform EPA that the State of Idaho Opts-Out ofCAMR atthattime • 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 Qualitywill meet in Twin Falls atwhich time the IDEQ will present the results oftheir 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% ormore. 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.htmMountain Island Energy Holdings, LLC 

# - Idaho Mercury Rules - Based on MIEH's review ofexisting Idaho Mercury Rules, it is apparentto 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
-- Ratherthan take a defensive approach, MIEH recommends that IDEQ take a pro-active approach by encouraging economic and technical development ofadvanced clean coal power plants to strictly, butfairly, regulate mercury emissions to BACT (best available control technology) by Opting-Back-In to CAMR. Soda Springs
- On June 19, 2007 - Governor CL "Butch" Otterand many of his Cabinet declared Soda Springs "Capital forthe Day". During theirday long visit to Soda Springs, the messages were: 1. Soda Springs has been a key industrial centerfor 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 ofour 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 powerfrom 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 ofan advanced clean coal power plant. 5. The Soda Springs area would welcome a clean and responsible generatorof electric power. The community is capable ofdemanding strict operating standards ofexisting 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 ofclean coal technology in the State by Opting-Back-In to CAMR. Again -- MIEH respectfully requests thatthe Idaho Department of Environmental Quality (lDEQ) Proposed Rule No. 58-0101-0701 with respect to AirQuality includes thatIdaho Opts·Back4n to the Federal Clean AirMercury(CAMR) Cap and Trade Program- 

### atthis immediatejuncture and without delay. Your consideration and acceptance ofourcomments will 

### be greatly appreciated.
Best Regards,

_ 

# (r} 1IISJIa,tt 

# fi"
Mitchell J. 

### Hart, P.E. Managing Director
Cc: Office ofthe Governor, State of Idaho 

# - Board of Environmental Quality, IDEQ
- via IDEQWebsite



### 2

# Legislative SemcesOffice IdahoStateLegislature

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 ofadministrative rules have reviewed the proposed changes to the Dept. Of Environmental Quality rules: IDAPA 58.01.01 - Rules forthe Control ofAir 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 underthe Atomic EnergyActof 1954, as Amended (Docket#58-0110·0701) 58.01.20 - Rules forAdministration of Drinking Water Loan Program (Docket#58-0120·0701) 58.01.22 - Rules forAdministration 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 & PoUcyAnalysis LegislativeAudits InformationTechnology Statehouse,P.O. Box 83720 Tel: 208-334-2475

Boise, Idaho 83720-0054 www.legislature.idaho.gov

# LegislativeServices Office IdahoStateLegislature

JeffYoutz

Director 

# MEMORANDUM

TO: Rules Review Subcommitteeofthe Senate Health and Welfare Committee and the House Environment, Energy and Technology Committee FROM: Research & 

### Legislation Staff* 

### Eric Milstead, Principal Research Analyst

# £1-1

DATE: July 6, 2007 SUBJECT: Department ofEnvironmental Quality IDAPA 58.01.01

- Rules for the Control ofAir Pollution in Idaho (DocketNo. 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 Underthe Atomic Energy Act of 1954, As Amended (Docket No. 58-0110-0701) IDAPA 58.01.20

- Rules for Administration ofDrinking Water Loan Program (DocketNo. 58-0120-0701) IDAPA 58.01.22

- Rules for Administration ofPlanning Grants for Public Drinking WaterFacilities (DocketNo. 58-0122-0701) /" 

### I. 

### IDAPA 58.01.01

- Rules fQr the Control ofAirPollution in Idaho The Department ofEnvironmental Quality submits notice ofproposed rulemaking at IDAPA 58.01.01

- Rules for the Control ofAir Pollution in Idaho. Accordingto 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 ofthe current rule (sections 200, 204, and 205) to eliminatethe need to annually revise the effective date ofthe federal regulations. Finally, the Departmentproposes to strike references to the "clean unit" and "pollution control project provisions." Those references are nowobsolete 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 & PolicyAnalysis LegislativeAudits IDformation Tecbnology Statebouse, P.O. 80s 83120 Tel: 208-334-2475

Boise, Idabo 83720-0054 www.legisiliture.idabo.gov

# - The Department. fol1owing consideration ofpublic comments. intends to present this proposed rule to the Board ofEnvironmental Qualityin October2007 for adoption. Ifadopted by the Board and approved by the Legislature. the rule,is expected to be final and effectiveupon 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 ofEnvironmental Quality submits notice ofproposed rulemaking at IDAPA 58.01.05

- Rules and Standards for Hazardous Waste. The Department statesthat this proposedrule reflects an annual update to maintain consistency with the U.S. Environmental Protection Agency's regulations implementingthe Resource Conservation and RecoveryActas directed bythe Idaho Hazardous Waste ManagementAct. 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 clarifiesthat for thepurposeoffederal regulations, Regional Administratormeans the U.S. Environmental Protection Agency Region 10 Regional Administrator. The Department, following consideration ofpublic comments, intends topresent this proposed rule to the Board ofEnvironmental Quality 

### in October 2007 for adoption. Ifadopted by the Board and approved bythe Legislature, the rule is expected to be final and effectiveupon 

# -. adjournment ofthe 2008 legislative session. The proposed rule appears to be authorizedby Sections 39-105 and 39-107. Idaho Code. 3. IDAPA 58.01.10

- Rules Regulatingthe Disposal ofRadioactive Materials Not Regulated Underthe Atomic Energy Act of 1954, as amended The Department ofEnvironmental Quality submits notice ofproposed rulemaking at IDAPA 58.01.10

- Rules Regulatingthe Disposal ofRadioactive MaterialsNot Regulated Under the Atomic EnergyAct of 1954, as amended. The Departmenthas proposed this rulemaking in response to a Petition for Rulemaking filed by US EcologyIdaho, Inc. According to the Department, the companyrequested thatthe Board ofEnvironmental Quality direct the Department to initiate rulemakingto further limit the types ofradioactive materials that are eligible for unrestricted disposal in Idaho. The request wasto add a new category ofradioactive materials that must be disposed ofat a pennittedhazardous waste disposal site. This proposed rule adds a newbroad 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 forthe Control ofAir 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 ofAir Pollution in Idaho, Docket No. 58-0101-0701, atthe DEQ conference center in Boise, Idaho. The hearing commenced at 4 p.m. and was adjourned at 4:30 p.m. No members ofthe public attended the hearing. Notice ofthis 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 

## DEPARTMENTOF ENVIRONMENTAL QUALITY BoardofEnvironmental 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 Pursuantto the authority granted to the Board of Environmental Quality in Title 39, Chapter 1, Idaho Code, and underthe provisions for rule adoption contained in Section 67-5224, Idaho Code, I declare that the Rules for the Control ofAir 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 ofAda ) On this 10th day ofOctober, 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 Publicfor 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 adoptthe rule as initially proposed in the IdahoAdministrative Bulletin, August 1, 2007, Vol. 07-8, pages 128through 135.

### RULE PROMULGATION AUTHORITY CHECKLIST Rules forthe Control ofAir Pollution in Idaho, IDAPA 58.01.01
INITIALS Docket No. 58-0101-0701 DATE 

# Icf<1h 1 Legal Review of Proposed Administrative Rules Form

# Chv/o~ 

# tilll DirectorApproval of Proposed Administrative Rules Form Approval Received from DFM/Governor

# w2~1 

# 1:t \

# J
Legal Review of Notice of Negotiated Rulemaking 

# 4 -4&**~.**

# ~ DirectorApproval of Notice of Negotiated Rulemaking



# -**lP~'i**I

# In Legal Review of ProposedlTemporary Rule Docket

# ~ CddJJu]-**flJ.~** DirectorApproval of ProposedlTemporary Rule Docket



# * IljtL. Board Adoption ofTemporary 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 itwas Initially Proposed: 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. 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

IdahoCode

### § 39-1070Statement: 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 1Temporary Kule 

### [ JNecessary to protect public health, safety or welfare 

### [ JCompliance with deadlines in amendments to governing law or federal programs [ JConferring 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. In this con:ment M?untain Island .Energy Holdings requests that This comment is outside the scope of

## t~i~ rulemaking; the 1\ 

### Mountain Island Energy Idaho opt mto the iederal clean aIr mercury cap and trade proposed rule does not include any reVISIons that would Holdings, LLC 

# Iprogram. change the current status ofthe federal clean air mercury cap Soda Springs, ID 

## IThis comment also includes background information and a and trade program in Idaho. 

## Ichronology ofevents regarding the state ofIdaho's actions with The proposed rule has not beenrevised in response to this 

## Irespect to the Federal Clean Air Mercury Rule Cap and Trade I 

### comment. _ I 

## Program. 

# I
ruggs This springhigher levels thaneverhave 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 

# I cannot determine if

### it is coming in through the watershed or in change the current status ofthe federal clean air mercury cap 

## Ithe 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 

## Ithe pollution by allowing our neighboring states to use our comment. I 

### credits to betoul our air. 

# I Mercury is the worst thing you canput in the airbecause you 

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

# I water we drink, use to grow ourgardens, or the animals that 

# I drink it, all ofwhich we consume at the dinnertable. 

## IThis comment also enclosed an August 2006 newspaper article 

# I regarding mercury release atthe Durkee, Oregon cementplant. 

# I

J
__________ Response to Public Comments, DocketNo. 58-0101-0701I 

### DEQ herein specifically acknowledges that the D.C. Court of These comments are submitted on behalfofthe members ofthe Appeals specifically vacated the National Emission Idaho Association ofCommerce & 

### Industry (IACI). Some ofthe Idaho Association of 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 ofthe Clean Air Act (CAA) {"the Boiler Rule"); and the Standards ofPerformance 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 ofcertain 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, exceptfor Supbarts [sic] CCCC and DDDD that were vacated by the U.S Court of Appealsfor 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 ofColumbia on July 30, 2007 (NRDC v EPA) and is expressly excludedfrom the incorporation by reference 

### Standards for Hazardous Air Pollutants for Industrial, , Commercial, and Institutional Boilers and Process Heaters and portions ofthe Standards ofPerformance for New Stationary Sources and Emissions Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units inNatural Resources Defense Council et al vEPA et ai, 

### (D.C. Cir. 2007). The D.C. Court ofAppeals has vacated, and issued a mandate on, several other provisions this pastyear, including 40 CFRPart 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 bestto simply incorporate all the standards in its update, but will only include in permits and require compliance withthose 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 formslpermitting/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 34 

## Proposed Motions for the October 2007

..... '1.':-"­

d! 

## Meeting ofthe Idaho Board of Environmental Quality

Agenda Item 

## #4
Rules for the Control ofAir Pollution in Idaho, Docket No. 58-0101-0701
I move thatthe Idaho Board of Environmental Quality adopt the Rules forthe 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 priorto that date the rule is rejected, amended ormodified 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 VOperating Permit Program pursuantto 40 CFR Part 70 and fulfilling the requirements ofIdaho'sdelegation agreement with EPA under Section 112(1) oftheClean Air Act. DESCRIPTIVE SUMMARY: A detailed summary ofthe 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 contactingthe undersigned. FISCAL IMPACT: The following is a specific description, ifapplicable, ofany negative fiscal impact on the state general fund greaterthan ten thousand dollars ($10,000) duringthe fiscal year: NI A IDAHO CODE 39-107D STATEMENT: This rule does not regulate an activity not regulated by the federal government, noris it broader in scope ormore stringentthan federal regulations. ASSISTANCE ON TECHNICAL QUESTIONS: For assistance on technical questions concerning this rulemaking, contact Martin Bauerat (208) 373-0440, rnartin.bauer@deq.idaho.gov. Dated this 11th day ofOctober, 2007. PaulaJ. Wilson Hearing Coordinator Department ofEnvironmental Quality 1410N. Hilton, Boise, Idaho 83706-1255 (208)373-0418 I FaxNo. (208)373-0481 paula.wilson@deq.idaho.gov

DOCKETNO. 58-0101-0701

- ADOPTION OFPENDING RULE No substantivechanges have been madeto the pendingrule. Thecompletetext oftheproposed rulewas 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 tbeAgency and is now pending review and approval by the 2008 IdahoState Legislature as a final rule.

Idaho Administrative Bulletin Page 160 December5,2007

- Vol. 07-12

# ~--

# -- APRIL 2, 2008 REVISIONS TO 58.01.01 - RULES FORTHE CONTROL OF AIR POLLU'nON IN IDAHO FOR INCLUSION IN IDAHO SIP (yellow Highlight Indicates Revised Section)


### 008. DEFINITIONS FORTHE PURPOSESOFSECTIONS300THROUGH386. 01. Affected States. All States: (5-1-94)


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

### b. That are within fifty (50) miles ofthe Tier I source. (5-1-94) 02. Allowance. An authorization allocated to a Phase II source by the EPA to emit during or after a specified calendaryear, one (I)

### ton ofsulfur dioxide. (5-1-94) 

### 03. Applicable Requirement. All ofthe following ifapproved orpromulgatedbyEPA as they apply to emissions units in a Tier I source (including requirements that have been promulgated through rulemaking at the time ofpermit issuance butwhich have future-effective compliance dates): (5-1-94)
a. Any standard or other requirement provided for in the applicable state implementation plan, including any revisions to thatplanthat are specified in 40 CFR Parts 52.670 through 52.690. (5-1-94) b. Any term or condition ofany permits to construct issued by the Department pursuant to Sections 200 through 223 orby EPA pursuant to 42 U.S.C. Sections 7401 through 7515; provided that terms or conditions relevantonly to toxic airpollutants are notapplicable requirements. (4-5-00)


### c. Any standard orotherrequirementunder42 U.S.C. Section 7411 including40 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 ofthese rules; (3-23-98) g. Any standard or other requirement governing solid waste incineration, under 42 U.S.C. Section 7429; (5-1-94) h. Any standard or otherrequirement for consumerand commercialproducts 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 orofficial authorizedbythe owneroroperator
Page 1ofa Phase II unit to represent the owner or operator in matters pertaining to the holding, transfer, or disposition of -., allowances allocated to a Phase II unit, and the submission ofand compliance with permits, permit applications, and compliance plans for the Phase II unit. (5-1-94) 05. Draft Permit. The version ofa Tier I operating permit that is made available by the Department for public participation and affected State review. (5-1-94) 06. Emergency. For the purposes ofSection 332, an emergency is any situation arising from sudden and reasonably unforeseeable events beyond the control ofthe owner or operator, including acts of God, which situation requires immediate corrective action to restore normal operation and that causes the TierI source to exceed a technology-based emission limitation under the Tier I operating permit due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include noncompliance to the extent caused by improperly designedequipment, lack ofpreventative maintenance, careless orimproper operation, or operatorerror. (4-5-00) 07. Final Permit. The version ofa Tier I permit issued by the Department that has completed all review procedures required in Sections 364 and 366. (5-1-94) 08. GeneralPermit.A Tier Ipermit issuedpursuantto 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 ifthe facility meets any ofthe following criteria: (3-23-98)


### a. Forhazardous air pollutants: (3-23-98) i. The facility emits orhas the potential to emitten (10) tons per year (tpy) or more ofanyhazardous 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 ofany combination of any hazardous air pollutants, other than radionuclides, which have been listed pursuant to 42 U.S.C. 7412{b); provided that emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from any oil or gas pipeline compressor or pump station shall not be aggregated with emissions from other similaremission units withinthe facility. (5-1-94) 

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

### i. The facility is located in a "serious"particulate matter (PM-l0) nonattainment area andthe facility has the potential to emit seventy (70)tpy ormore ofPM-IO. (5-1-94) ii. The facility is located in a "serious" carbon monoxide nonattainment area in which stationary sources are significant contributors to carbon monoxide levels and the facility has the potential to emit fifty (50) tpy ormore ofcarbonmonoxide. (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 ormore ofvolatile organic compounds. (5-1-94) iv. The facility is located in an ozone nonattainment area and, depending uponthe classificationofthe nonattainment area, the facility has the potential to emit the following amounts ofvolatile organic compounds or oxides of nitrogen; provided that oxides of nitrogen shall not be included ifthe facility has been identified in accordance with 42 U.S.C. Section 741Ia(f)(l)or (2) ifthe area is "marginal" or "moderate," one hundred (100) tpy or more, ifthe area is "serious," fifty (50) tpy ormore, ifthe area is "severe," twenty-five (25) tpy or more, and if
Page 2

# .- the area is "extreme," ten (10) tpy ormore. (3-23-98)
c. The facility emits or has the potential to emit one hundred (100) tons per year or more ofany regulated air pollutant. The fugitive emissions shall not be considered in determining whether the facility is major unless the facility belongsto 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 ifdetermined byrule by the Administrator ofEPA pursuant to Section 3020) ofthe Clean AirAct. (4-5-00) 11. Part

### 70. Unless specified otherwise in this chapter, all definitions adoptedunder40 CFR Part 70, revised as ofJuly I, 2007, arehereby incorporated by reference. (4-2-08) 12. PermitRevision. Anypermit modification, administrative amendment orreopening. (3-19-99) 13. Pbase 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. Pbase II Unit. A unit that is subject to emissions reduction requirements of42 U.S.C. Sections 7651 through 76510 and the term shall have the meaning given to it pursuantto those sections. (5-1-94) 15. Proposed Permit. The version ofa permitthat the Departmentproposes to issue and forwards to the EPA forreview. (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 orcontravene federally enforceablepermitterms and conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements. (3-19-99) 17. TierI Operating Permit. Any permit covering a Tier I source that is issued, renewed, amended, orrevised pursuantto 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 ofthat document for the purposes of the reference, including any notes and appendices therein. The term "documents" includes codes, standards or rules which have been adopted by an agency ofthe state or ofthe United States or by any nationally recognized organization or association. (5-1-94) 02. Availability of Referenced Material. Copies ofthe documents incorporated by reference into these rules are available atthe following locations: (5-1-94)
a. All federal publications: U.S. Government Printing Office, http://www.gpoaccess.gov/index.htm1; and (3-20-04) b. All documents herein incorporated by reference: (7-1-97) i. 

### Department ofEnvironmental Quality, 1410 N. Hilton, Boise, Idaho 83706-1255 at (208) 373­ 0502. (7-1-97) 

# - ii. State Law Library, 451 W. State Street, P.O. Box 83720, Boise, Idaho 83720-0051, (208) 334­ 3316. (7-1-97)
Page 303. 

### Documents Incorporated by 

### Reference. The following documents are incorporated by reference intothese rules: (5-1-94)
a. Requirements for Preparation, Adoption, and Submittal ofImplementation Plans and Appendix W to Part 51--Guideline on Air Quality Models. 40 CFR Part 51 revised as ofJuly 1,2007. The following portions of 40 CFR Part 51 are expressly excluded from any incorporationby reference intothese rules: (4-2-08) i. All sections included in 40 CFR Part 51, Subpart P, Protection ofVisibility, 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 Yto Part 51, Guidelines for BART Determinations Underthe 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 andPromulgation ofImplementationPlans, 40 CFR Part 52revised as ofJuly 1,2007. (4-2-08)
e. Ambient Air Monitoring Reference and Equivalent Methods, 40 CFRPart 53, revised as ofJuly I, 2007. (4-2-08) f. 

### Ambient Air Quality Surveillance, Quality Assurance Requirements for Prevention ofSignificant Deterioration (PSD AirMonitoring), 40 CFR Part58, AppendixB, revised as ofJuly 1,2007. (4-2-08) g. Standards ofPerformance for New Stationary Sources, 40CFRPart 60, revised as ofJuly I, 2007. (4-2-08) 

### h. National Emission Standards for Hazardous Air Pollutants, 40 CFR Part 61, revised as ofJuly 1, 2007. (4-2-08) i. 

### National Emission Standards for Hazardous Air Pollutants for Source Categories, 40 CFR Part 63, revised as ofJuly 1,2007. (4-2-08) j. 

### Compliance Assurance Monitoring, 40 CFR Part64, revised as ofJuly I, 2007. (4-2-08) k. 

### Permits, 40 CFRPart 72, revised as ofJuly 1,2007. (4-2-08) I. 

### Sulfur Dioxide Allowance System, 40 CFRPart 73, revised as ofJuly 1,2007. (4-2-08)


### m. Protection ofStratospheric Ozone, 40 CFRPart 82, revised as ofJuly 1,2007. (4-2-08)
n. Clean AirAct, 42 U.S.C. Sections 7401 through 7671g (1997). (3-19-99)
o. Determining Conformity ofFederal Actions to State orFederal Implementation Plans: Conformity to State or Federal Implementation Plans of Transportation Plans, Programs and Projects Developed, Funded or Approved Under Title 23 U.S.C. orthe Federal Transit Laws, 40 CFR Part 93, Subpart A, Sections 93.100 through 93.129, revised as ofJuly 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 ofPerformance 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 ofDecember 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. PROCEDURESAND REQUIREMENTS FORPERMITS TO CONSTRUCT. The purposes ofSections 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 nonattainmentNSR rule requirements. (4-6-05) 01. Incorporated Federal Program Requirements. Requirements contained in the following subparts of40 CFR 51.165 are incorporated by reference into these rules at Section 107. Requirements contained in the following subparts of40 CFR 52.21, are incorporated by reference at Section 107 ofthese rules. These CFR sectio h b d'fI d· th 1 . CFR h' h . '1 bl / fr ns ave een co lIe m e e ectromc w IC IS aval a eatwww.gpoaccess.gov ec 40 CFR Reference 40 CFR ReferenceTitle 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 ofthe Department the following: (4-6-05)
a. LAER. Except as otherwise provided in Section 204, the new major facility ormajor 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 nonattainmentregulated 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 anet emissions increase ofthe nonattainmentregulated air pollutant. (4-5-00)

Page 5b. 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 torepresent reasonable further progress. All offsetting emission reductions must satisfy the requirements for emissionreduction credits (Section460) and provide for a net airquality benefit which satisfies the requirements ofSection 208. Ifthe offsets are providedbyother stationary sources orfacilities, a permitto 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 ormajor modification shall not be effective before the date the offsettingreductions 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 orsubjectto anenforceable compliance schedule. (5-1-94) d. Effect on visibility. The effect on visibility ofany 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 towardthe national visibility goal referred to in40 CFR 51.300(a). The Department may take into account the costs ofcompliance, the time necessary for compliance, the energy andnon-air quality environmental impacts ofcompliance and the useful life ofthe 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, orwhich the Department determines was not identified in accordance withthe criteria adopted pursuant to 40 CFR51.304(a), maybe exempted from Section204 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 permittingrequirements ofSections 200 through 228 apply, including the exemptions in Sections 220through223. (4-6-05) 20S. PERMIT REQUIREMENTS FOR NEW MAJOR FACILITIES OR MAJOR MODIFICATIONS IN ATTAINMENT ORUNCLASSIFIABLE 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 ofSection 205 is to incorporate the federal PSD rule requirements. (4-6-05) 01. Incorporated Federal Program Requirements. Requirements contained in the following subparts of40 CFR 52.21 are incorporated by reference into these rules at Section 107. These CFR sections have beencodified inthe electronic CFRwhich 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 ImpactAnalysis 40 CFR 52.21(r) Source Obligation 

# -

Page 640 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 ofany federal Class I area, Class I area designated by the Department, or integral vista ofa 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 ofcompliance, the time necessary for compliance, the energy and non-air quality environmental impacts ofcompliance and the useful life ofthe source. Any integral vista which the Federal Land Manager has not identified at least six (6) months prior to the submittal ofa 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 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 of40 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)



# -.

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