--

STATE OF IDAHO 

DEPARTMENT OF 

ENVIRONMENTAL QUALITY 

1410 North Hilton· Boise, Dirk Kemplhome. Governor Idaho 83706-1255 • (208) 373-0502 ,(.... Toni Hardesty. Director 

fECElVED 

May MAY 1;' ,DOli 5,2006 

C1(1et: C!The Exe.::t!tive 

Michael Bogert, Regional Administrator 


U_S. EPA, Region 10 


1200 Sixth Avenue 


Seattle, WA 98101 


Re: State Implementation Plan Rule Revisions: ur{;",;f ,'ort! A .... ) rf(;J(r1v/-eIf 1\ " (t-!J- d) f ? .( I' w. : +.5 


Dear Mr. Bogert: 


1..-.. 

Endosed for your review and approval are an original and four copies of revisioRS to the 


Department of Environmental QualitYs (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 revisions as an update to the contents of the Idaho State Implementation Plan (SIP), 


40 CFR, Part 52, Subpart N: 


IDAPA Docket 58-0101-0503 - Regulated Air Pollutants 

Please note that the revision made to Subsection 006.55.b - Definition ofModification, which 

refers to "state only toxic air pollutant, " ;s not to be inaluded in the Idaho SIP. The revision to 

this subsection is included in this submittal only for EPA infotmation in approving changes to 

the remainder ofSection 006.55. 

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


IDAPA Docket 58-0101-0506 - Baseline Actual Emissions, and Procedure for Transfer of PTC 


and TIer II Pennits 


IDAPA Docket 58-0101-0507 - PTC Exemptions 


IDAPA Docket 58-0101-0508 - Facility Emissions Cap 


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 DEO 


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 reflect a reduction 


in emission limits. 


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


22, 2003 and April 2, 2004 for inclusion in the Idaho SIP. We understand these documents will 

Michael Bogert. U.S. EPA 

MayS, 2006 

Page 2 

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 priority list. 

Docket 58-0101-0102 - Soil Vapor Extraction 

Docket 5s..0101-0103 - (a) HospitallMedicalnnfectious Waste Incinerators, and 

(b) Annual Incorporation by Reference (2001) 


Docket 58-0101-0002 - Nonmetallic Mineral Processing 


Docket 58-0101-0202 - (a) Pennitting Clarification, and (b) Annual Incorporation by 


Reference (2002) 


Docket 5s..o101-0301- Annual Incorporation by Reference (2003) 


Docket 5s..0101-0304 - New Source Review 


Docket 58-01 o1..()4()1 - Pennit to Construct Exemptions 


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


If you or your staff have questions concerning any of these rules, please contad 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. 

Toni Hardesty 

Director 

TH/ph 

Enclosures 

c: Martin Bauer, DEQ 
STATE OF IDAHO 

DEPARTMENT OF 

ENVIRONMENTAL QUALITY 

1410 North Hilton' Boise, Idaho 83706-1255' (208) 373-0502 Dirk Kempthome, Govemor 

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 5th day of May, 2006. 

~.~ Toni Hardesty 


Director 


IDAPA 58 • DEPARTMENT Of ENVIRONMENTAL QUALITY 

58.01.01 • RULES FOR THE CONTROL OF AIR POLLunON IN IDAHO 

DOCKET NO. 58-0101-0508 

NonCE OF RULE MAKING • PROPOSED RULE 

AUTHORITY: In compliance with Section 67-S22I{I), 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. 

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

September 7, 2005. 4 p.m. 

Department of Environmental QuaUty Conference Center 

1410 N. HUton, Boise, Idaho. 

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

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

DESCRIPTIVE SUMMARY: Last year the Department of Environmental Quality (DEQ) revised its major 

permitting program due to changes in federal law. This docket revises a number ofdefmitions to provide consistency 

between the major and minor air quality permitting programs. Also proposed are two new subsections allowing for 

the transfer ofpermit to construct and Tier II operating permits. 

The text of the rule has been developed by DEQ in conjunction with a negotiating committee made up of persons 

having an interest in the development ofthis rule. Both major and minor sources of air pollution may be interested in 

participating in this rulemaking. Special interest groups, public officials, or members of the public who have an 

interest in the regulation of air emissions from sources in Idaho may also wish to submit comments on this proposed 

rule. The proposed rule text is in legislative formaL Langua,e 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 2005 for adoption of a pending rule. The rule is expected to be final and effective upon the 

adjournment ofthe 2006 legislative session ifapproved 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. 

IDAHO CODE SECTION 67-5221(I)(c) FISCAL IMPACT STATEMENT: No negative impact occurs from this 

rulcmaking; provision is not applicable. 

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

concerns raised during negotiations conducted pursuant to Idaho Code Section 67-5220 and IDAPA 04.11.01.812­

815. The Notice ofNegotiated Rulemaking was published in the Idaho Administrative Bulletin, March 3,2004, Vol. 

04-3, page 42, under Docket No. 58-0 I 01-040 I. . 

GENERAL INFORMATION: For more information about DEQ's programs and activities, visit DEQ's web site at 

www.deq.idaho.gov. 

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 

mbauer@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 wriUen comments received by the undersigned on or before September 7, 2005. 

DATED this lst day ofJuly. 2005. 

Idabo Administrative Bulletin P.e350 August 3, 2005 - Vol. 05-8 
.<". 

-. 

DEPARTMENT OF ENVIRONMENTAL QUAUTY Docket No. 58-0101-0506 

Ruin for the Control ofAir Pollution In Idaho Proposed Rulemaklng 

Paula J. Wilson 

Hearing Coordinator 

Department ofEnvironmental Quality 

1410 N. Hilton 

Boise, Idaho 837()6..1255 

(208)373-0418IFax No. (208)373-0481 

paula.wilson@deq.idaho.gov 

THE FOLLOWING IS THE TEXT OF DOCKET NO. 58-0101-0506 

006. GENERAL DEFINITIONS. 

S"bsections 006.01 thro"gh 006.55 have no changes 

56. Modifteado•. Any physical change in, or change in the method ofoperation of, a stationary source 

or facility which rite ttm8111tt Bj'tmy replaletJ tIir' p6tltdfllft emitted by SfItIIr attJH6tta1'1 881Wee 8,.J~lity

results in an emission increase as defined in Section 007 or which results in the emission of any regulated air 

pollutant not previously emitted except that routine maintenance, repair and replacement shall not be considered 

physical changes, and the following shall not be considered a change in the method ofoperation: ~ 

- .. An increase in the production rate ifsuch increase does not exceed the operating design capacity of 

the affected stationary source, and if a more restrictive production rate is not specified in a permit; (5-1-94) 

b. An increase in hours of operation if more restrictive hours of operation are not specified in a 

permit; and (5-1-94) 

Co Use of an alternative fuel or raw material if the stationary source is specifically designed to 

accommodate such fuel or raw material and use ofsuch fuel or raw material is not specifically prohibited in a permit. 

(4-5-00) 

S"bsections 006.57 thro"gh 006.114 have no changes 

007. DEFINITIONS FOR THE PURPOSES OF SECTIONS 200 THROUGH 228 AND 400 THROUGH 

461. 

01. Advene Impart o. VlslbWty. Visibility impairment which interferes with the management, 

protection, preservation, or enjoyment of the visitor's visual experience of the Federal Class I area. This 

determination must be made on a case-by-case basis taking into account the geographic extent, intensity, duration, 

frequency, and time ofvisibility impairments, and how these factors correlate with: (4-5-00) 

.. Times ofvisitor use ofthe Federal Class I area; and (4-5-00) 

b. The frequency and timing of natural conditions that reduce visibility. (4-5-00) 

e. This term 90eS not include affects on integral vistas. (4-5-00) 

Idallo Administrative Bullett. Page 351 August 3, 2005 - VoL 05-8 
DEPARTMENT OF ENVIRONMENTAL QUAUTY Docket No. 5tJ.0101-05Q6 


Rules fot'the COnttol ofAI,Pollution In Idaho Proposed Rulemaklng 


02. Agrleultural Activities and Services. For the purposes of Subsection 222.02.f .• the usual and 

customary activities of cultivating the soil, producing crops and raising livestock for use and consumption. 

Agricultural activities and services do not include manutacturing, bulk storage. handling for resale or the fonnulation 

ofany agricultural chemical listed in Sections S8S or 586. (5-1-94) 

A Buellpc Actull Emlglop. The rate of emissions. in tons per year, of a repJated air pollutant as 

determined by the followina provisions: L-l 

.. For AQY existiaa electric utility steam aeneratina unit. baseline IJCtual emissions meanS the ayemae 

rate. in tons per year, at which the unit IJCtually emitted the replated air pollutant durina any consecutive twenty-four 

~e~=':"~O:S=no:m:gJ:1:g~21=if:fl:tn=~t'lr=:me= upon a determination that it is more representative ofnormal source aperatioo. L-l 

L The ayerqe rate sbaH include filaitive emissions to the extent quantifiable. and emissions 

associated with startyps. shutdowns. and malfimctions. L-l 

ii.. The averalW rate shall be i!4justed downward to exclude anY non-compliant emissions that occurred 

while the source Was operatina above any emissioo limitation that was leplly enforceable durin. the consecutive 

twenty-four (24) month period, L-l 

w... For a reaulated air pollutant. when a Pl'Qject inyolves multiple emissions units. only one (l) 

consecutive twenty-four (24) month period must be used to determine the baseline actual emissions for all the 

emissions units beiDl chan"d. A different consecutive tweoty-four (24) month period Can be used for each replated 

air pollutant. L-l 

.ix.. The aYmle rate shall not be based on any consecutive twenty-four (24) month period for which 

there is inadequate infonnatiQn for determinina annual emissjolll. in tons per year, and for acijustina this amount if 

req.uired by Subsection 007.03,a,ii. L-l 

II. For an exjstiDl emissions unit (other than an electric utilitY steam aeneratinl unit), baseline IJCtual 

emjssions means the avera. rate. in tons per year, at wbich the emissions unit actually emitted the rqu1ated air 

pollutant durina any consecutive twenty-four (24) month period seJected by the owner or o,vemtor within the ten (lQ) 

year period immediately precediQI either the date the owner or o,vemtor beaios actual construction of the project. or 

the date a complete permit II1Plication is received by the Director for a permit req.uired under these ru1ea, whichever 

is earlier, excep that the ten (10) year period shall not include any period earlier than November 15, 1990. L-l 

L The ayemae rate shall include filaitive emissions to the extent q.uantifiable. and emissions 

associated with startups. shutdowns. and malfunctions. L-l 

ii.. The averap rate shall be acijusted downward to exclude any non-compliant emissiolll that occurred 

while the source was o.peratina above an emission limitation that was leaaJly enforceable duriDl the consecutive 

twenty-four (24) month period. L-l 

Ul. The ayera" rate shall be adiusted downward to exclude any emission ljmitation wjth wbich the 

source must currently compl~ bad such sOurce been required to comply with such limitations durin I the consecutive 

twenty-four (24) mooth period; however. ifan emission limitation is part oCa standard or other requirement UQd.er 40 

CPR Part 63, the baseline actuaJ emissions need only be adiusted if the De.partment has taken credit for such 

emissions reductions io an attainment demonstration or maintenance plan. L-l 

.ix.. For a replated air pollutant. when a project involves multiple emissions UQils. only one (1) 

consecutive twenty-four (24) month period must be used to detennine the baseline actual emissions for aU the 

emissions units beiDl chanpd. A different consecutive twenty-four (24) month period can be used for each replated 

air pollutant L-.l 

V. The ayerqe mte sbaU Dot be based on any consecutive twenty-four (24) month period for wbicb 

there is jnadequate infoonation for determinina annual emissions, in tons per year. and for acijustina this amount if 

Idabo Administrative BuDetin Page 351 Augu.t 3, 1005 • Vol. 05-8 
DEPARTMENT OF ENVIRONMENTAL QUAUTY Docket No. 5&-0101-0_ 


Rules fw the Contlol ofAir Pollution In Idaho Proposed RulemaJdIlfl 


required by Subsectjops 006.03,b';;. and 006.03.b.ili. 

" For a new emissions uniL the baseline actual emissions for purposes ofdetermjnioa the emissions 

increase that will result from the initial construction and operation of such unit sball equal zero 00; and. thereafter. 

for all other pw:posea. shall egual the unit's POtential to emit. L-l 

da For a plaotwide NlPlicabiIity limit (pAIJ for a StatioQ8[)' source. the baseline I£tual emissions shall 

be calculated for matia, electric utility steam peratin, units in I£cordance with the procedures contained in 

Subsection 007.03.1. for other "islin, emissions units in accordance with the procedures contained in Subsection 

007.03.b, and for a new emissions unit in accordance with the procedures contained in SubJection 007.03.c. L-l 

Beai. AetgaJ Co.atructIog· Commence copstruction. 

~ Em.nl Increase. The amOunt by which prgjecled actual emissions exceed baseline actual 

emissions ofan emissions unit. L-l 

~ Innovative Control Technology. Any system of air pollution control that has not been adequately 

demonstrated in practice, but would bave a substantial likelihood ofachieving greater continuous emissions reduction 

than any control system in current practice, or of achieving at least comparable reductions at lower cost in terms of 

energy, economics, or non-air quality environmental effects. . (5-1-94) 

042. IDtegrai Vilta. A view perceived from within the mandatOry federal Class I area of a specific 

laDdmark or paaorama located outside the boundary of the mandatory federal Class I area. Integral vistas are 

identified by the responsible federal land manager in accordance with criteria adopted putSuaat to 40 CFR Part 

51.304(a). (5-1-94) 

HI,. Mandatory Federal Class I Area. Any area designated under 42 U.S.C. Section 7472(a) as Class 

I and never to be redesignated. (5-1-94) 

Of!. Net EmlssioDS lucrease. >4",. i"er'f!!titfe i" IIdWIJ emissitma For PllIPoses ofSections 204 and 205. a 

net emissions increase shall be defined by the federal relPdations ilJCOIPOrated by reference. For pWllOses of Section 

210. a net emissions increase sball be an emissions increase from a particular modification plus any other increases 

and decreases in actual emissions at the facility that are creditable and contemporaneous with the particular 

modification, where:' f4-§-lJ9Jf..--­

. a. A creditable increase or decrease in actual emissions is contemporaneous with a particular 

modification if it occurs between the date five (5) years bef'ore the commencement ofconstruction or modification on 

the particular chaage and the date that the increase from the particular modification occurs. Any replacement unit that 

requires shakedown becomes operational only after a reasonable shakedown period, not to exceed one hundred and 

eighty (180) days; (4.5-00) 

b. A decrease in actual emissions is creditable only if it satisfies the requ.iremettts for emission 

reduction credits (Section 460) and bas approximately the same qualitative significance for public health aDd welfare 

as that attributed to the increase from the particular modification, and is federally enforceable at and after the time 

that construction ofthe modification commences. (4-5-00) 

e.. The increase in toxic air pollutant emissions from an already operating or pennitted source is not 

included in the calculation ofthe net emissions increase for a proposed new source or modification if: (5-1-95) 

i. The already operating or permitted source commenced construction or modification prior to July 1, 

1995; or (5-1-95) 

ii. .The uncontrolled emission rate from the already operating or permitted source is ten per cent (l00"{) 

or less ofthe applicable screening emissions level listed in Section 585 or 586; or (6-30-95) 

III. The already operating or permitted source is aD environmental remediation source subject to or 

regulated by the Resource Conservation and Recovery Act (42 U.S.C. Sections 6901-6992k) and "Idaho Rules and 

Idaho Administrative Bulletin Page 353 August 3, 2005 - Vol. 0S-8 
DEPARTMENT OF ENVIRONMENTAL QUAUTY Docket No. 5U101-tJ5tHJ 


Rulea foI' the Control 01AI, Pollution In Idaho Proposed Rulemakillfl 


Standards for Hazardous Waste," (IDAPA 58.01.05.000 et seq.) or the Comprehensive Environmental Response, 

Compensation and Liability Act (42 U.S.C. 6901-6992k) or a consent order. (6-3()"95) 

RlJl. PIlot Plaut. A stationary source located at least one quarter (1/4) mile from any sensitive receptor 

that functions to test processing. mechanical, or pollution control equipment to determine full-scale feasibility and 

which does Jlot produce products that are offered for sale except in developmental quantities. (5-1-94) 

11. Pmleetcd Actual 1...-', 

.. The maximum annual rate. in tons per year. at which an existinl emissions unit is prqiected to emit 

a reauJated air pollutant in anyone (1) of the fiye (5) years (twelye (12) month period) followina the date the unit 

resumes replar o,peration after the project or in anyone (1) of the ten (10) yean followinl that date. if the prqiecl 

involves increasinl the emissions unit's desip capacity or its potential to emit that replated air pollutant and full 

utilization of the unit would result in a sipificant emissions iDC1'ell!e or a sipificant net emissions increase at an 

existin. DYldor stationary soU11le. L-l 

II.. In determiniol the projected actual emissions. the owner or Qperator Qf the statiQlWY source: 

L-l 

i. Shall consider aU relevant information incl"diol. but not limited to. historical operational data. the 

cQlnpany's own n;presentatioDII. the company's expected business activity and the company's hi_t projectKmS of 

business activity. the company's filiDlS with state or federal replatory authorities. and compliance plans under the 

approved state implementation plan: and L-l 

ii. Shall include fuaitive emissions to the extent Q.UlDtifiabie and emissions associated with startups. 

shutdmmL and malfunct,tions: and . L-l 

.ill.. Shall exclude. in ca1culatioll any increase in emissions that results frmn. the particular project, that 

pc>rtion of the unit's emissions followina the prQject that an existina unit could have acCOnunodated durioe the 

consecutive twenty-four (24) month period used to establish the baseline actual emissions and that are also unrelated 

to the particular project. jncludinl any jooreased utilization due tQ product demand ~; or L-l 

iY. In lieu of!I!uDa the method set QUt in Subsections 007.1l.b,j. throuP 007. l1.b.iii .. may elect to use 

the emissions unit's potential to emit. in tons per year. L-l 

If.11. Reasonable Furtller Progreu (RFP). Annual incremental reductions in enuSSIOns of the 

applicable regulated air pollutant as identified in the SIP which are sufficient to provide for attainment of the 

applicable ambient air quality standard by the required date. (4-5-00) 

".u. Secondary Emlulons. Emissions which would occur as a result ofthe construction; modification, 

or operation ofa stationary soun:e or facility, but do not come from the stationary source or facility itself. Secondary 

emissions must be specific. well defined, quantifiable, and affect the same general area as the stationary source, 

facility, or modification which causes the secondary emissions. Secondary emissions include emissions from any 

otTsite support facility which would not be constructed or increase its emissions except as a result ofthe construction 

or operation of the primary stationary source, facility or modification. Secondary emissions do not include any 

emissions which come directly from a mobile soun:e regulated under 42 U.S.C. Sections 7521 through 7590. 

(4-5-00) . 

I.... Sensitive Receptor. Any residence, building or location occupied or frequented by persons who. 

due to age, infirmity or other health based criteria, may be more susceptible to the deleterious effects of a toxic air 

pollutant than the general population including, but not limited to, elementary and secondary schools, day care 

centers, playgrounds and parks, hospitals, clinics and nursing homes. (5-1-94) 

1-1$ Sbort Term Source. Any new stationary source or modification to an existing source, with an 

operational life no greater than five (5) years from the inception of any operations to the cessation of actual 

operations. . (5-1-94) 

Idaho Administrative BaDedn Page 354 Augult 3, 2005 - Vol. O~ 
DEPARTMENT OF ENVIRONMENTAL QUAUTY Docket No. 58-0101..0506 


Rules "" the Control ofAIr Pollution In Idaho Propoaed Rulemaklng 


l~. Tom AIr PoDutaDt ReuoDably Available Control TechnolotD' (T-RAC1). An emission 

standard based on the lowest emission of toxic air pollutants that a particular source is capable of meeting by'the 

application of control technology that is reasonably available, as determined by the Department, considering 

technological and economic feasibility. Ifcontrol technology is not feasible, the emission standard may be based on 

the application ofa design. equipment, work practice or operational requirement, or combination thereof. (5-1-94) 

l~. VlslbUlty Impairment. Any humanly perceptible change in visibility (visual range, contrast, 

coloration) from that which would have existed under natural conditions. (4-5-00) 

(BREAK IN CONTINUITY OF SECTIONS) 

109. PROCEDURE FOR ISSUING PERMITS. 

01. General Procedures. General procedures for permits to construct. 	 (5-1-94) 

.. Within thirty (30) days after receipt of the application for a permit to construct, the Department 

shall determine whether the application is complete or whether more information must be submitted and shall notify 

the applicant of its fmdings in writing. (5-1-94) 

b. 	 Within sixty (60) days after the application is determined to be complete the Department shall: 

(5-1-94) 

i. Upon written request ofthe applicant, provide a draft permit for applicant review. Agency action on 

the permit under this Section may be delayed ifdeemed necessary to respond to applicant comments. (4-5-00) 

ii. Notify the applicant in· writing ofthe approval, conditional approval. or denial of the application if 

an opportunity for public comment is not required pursuant to Subsection 209.0I.c. The Department shall set forth 

reasons for any denial; or (5-1-94) 

iii. Issue a proposed approval, proposed conditional approval, or proposed denial. 	 (5-1-94) 

e. . An opportunity for public comment will be provided on all applications requiring a permit to 

construct Public comment shall be provided on an application for any new major facility or major modification, any 

new facility or modification which would affect any Class I area, any application which uses fluid modeling or a field 

study to establish a good engineering p~tice stack height pursuant to Sections S10 through 516, any application 

which uses an interpollutant trade pursuant to Subsection 210.17, any application which the Director determines an 

opportunity for public comment should be provided, and any application upon which the applicant so requests. 

(5-3-03) 

i. The Department's proposed action, together with the information submitted by the applicant and 

the Department's analysis ofthe infonnation. shall be made available to the public in at least one (1) location in the 

region in which the stationary source or facility is to be located. (5-1-94) 

ii. The availability of such materials shall be made known by notice published in a newspaper of 

general circulation in the county(ies) in which the stationary source or facility is to be located. (5-1-94) 

iii. A copy of such notice shall be sent to the applicant and to appropriate federal. state and local 

agencies.. (5-1-94) 

iv. There shall be a thirty (30) day period after initial publication for comment on the Department's 

proposed action, such comment to be made in writing to the Department (5-1·94) 

v. After consideration of comments and any additional information submitted during the comment 

period, and within forty-five (45) days after initial publication of the notice, or notice of public hearing if one is 

Idabo Administrative Bullett. Page 355 	 August 3, 1005 - Vol. 05-8 
DEPARTMENT OF ENVIRONMENTAL OUAUTY Dock., No. 51-0101..,. 


Rules b ",. Conl1ol ofA"Pollution In Idaho ProposedRulemaklng 


requested under Subsections 209.02.b-iv. or 209.02.a.ii., unless the Dim:tor deems that additional time is required to 

evaluate comments and infonnation received, the Department shall notify the applicant in writing of approval, 

conditional approval, or denial ofthe pennil The Department shall set forth the reasons for any denial. (5-1-94) 

vi. All comments and additional infonnation received during the comment period, together with the 

Department's final detennination, shall be made available to the public at the same location as the preliminary 

detennination. (5-1-94) 

d. A copy ofeach pennit will be sent to the U.S. Environmental Protection Agency. (5-1-94) 

02. Addition.. Procedures for Specified Sources. (5-1-94) 

a. For any new major facility or major modification in an attainment or unclassifiable area for any 

regulated air pollutant. (4-6--05) 

i. The public notice issued pursuant to Subsection 209.01.c.iL shall indicate the degree of increment 

consumption that is expected from the new major facility or major modification; and (5-1-94) 

ii. The public notice issued pursuant to Subsection 209.01.c.ii. shall indicate the opportunity for a 

public hearing for interested persons to appear and submit written or oral comments on the air quality effects of the 

new major facility or major modification, alternatives to it, the control technology required, and other appropriate 

considerations. All requests for public hearings during a comment period with an opportunity for a hearing must be 

requested in writing by interested persons within fourteen (14) days of the publication of the legal notice of the 

proposed pennit to construct or within fourteen (14) days prior to the end ofthe comment period. whichever is later. 

(3-23-98) 

b. For any new major facility or major modification which wo~d affect a federal Class I area or an 

integral vista ofa mandatory federal Class I area. (5-1-94) 

i. If the Department is notified of the intent to apply for a pennit to construct, it shall notify the 

appropriate Federal Land Manager within thirty (30) days; (5-1-94) 

. ii. A copy of the permit application and all relevant infonnation. including an analysis of the 

anticipated effects on visibility in any federal Class I area, shall be sent to the Administrator of the U.S. 

Environmental Protection Agency and the Federal Land Manager within thirty (30) days of receipt of a complete 

application and at least sixty (60) days prior to any public hearing on the application; (5-1-94) 

111. Notice ofevery action related to the consideration ofthe pennit shall be sent to the Administrator 

ofthe U.S. Environmental Protection Agency; (5-1-94) 

iv. The public notice issued pursuant to Subsection 209.01.c.ii. shall indicate the opportunity for a 

public hearing for interested persons to appear and submit written or oral comments on the air quality effect of the 

new major facility or major modification, alternatives to it, the control technology required, and other appropriate 

considerations. All requests for public hearings during a comment period with an opportunity for a hearing must be 

requested in writing by interested persons within fourteen (14) days of the publication of the legal notice of the 

proposed pennit to construct or within fourteen (14) days prior to the end ofthe comment period, whichever is later. 

(3-23-98) 

v. The notice of public hearing. if required, shall explain any differences between the Department's 

preliminary detennination and any visibility analysis perfonned by the Federal Land Manager and provided to the 

Department within thirty (30) days ofthe notification pursuant to Subsection 209.02.b.ii. (5-1-94) 

vi. Upon a sufficient showing by the Federal Land Manager that a proposed new major facility or 

major modification will have an adverse impact upon the air quality related values (including visibility) ofany federal 

mandatory Class I area, the Director may deny the application notwithstanding the fact that the concentrations of 

regulated air pollutants would not exceed the maximum allowable increases for a Class I area. (4-5-00) 

Idaho Administrative Bulletin Page3S6 August 3, 2005 - Vol. 0s.8 
" 

-, 

DEPARTMENT OF ENVIRONMENTAL QUAUTY Dock.tNo.~101~e 

Rules for the Control ofAIrPollution In Idaho Proposed Rulem.klng 

03., Eatabllshlnl A Good Enpaeertnl Stack Height. The Department will notify the public of the 

availability ofany fluid model or field study used to establish a good engineering practice stack height and provide an 

opportunity for a public hearing before issuing a permit or setting an emission standard based thereon. (5-1-94) 

04. Revisions of Permits to Conltruet. The Director may approve a revision of any permit to 

construct provided the stationary source or facility continues to meet all applicable requirements of Sections 200 

through 228. Revised permits will be issued pursuant to procedures for issuing permits (Section 209). except that the 

requirements of Subsections 209.01.c., 209.02.a .• and 209.02.b., shall only apply if the permit revision results in an 

increase in emissions authorized by the permit or ifdeemed appropriate by the Director. (7-1-02) 

05. Permit to Construct Procedures for Tier I Sources. For Tier I sources that require a permit to 

construct. the owner or operator shall either: (5-1-94) 

a. Submit only the information required by Sections 200 through 219 for a permit to construct. in 

which case: (3-23-98) 

i. A permit to construct or denial will be issued in accordance with Subsections 209.0 La. and 

209.0 Lb. (5-1-94) 

ii. The owner or operator may construct the source after permit to construct issuance or in accordance 

with Subsection 213.02.c. (3-23-98) 

111. The owner or operator may operate the source after permit to construct issuance so long as it does 

not violate any terms or conditions ofthe existing Tier I operating permit and complies with Subsection 380.02. 

(4-5-00) 

iv. Unless a different time is prescribed by these rules. the applicable requirements contained in a 

permit to construct will be incorporated into the Tier I operating permit during renewal (Section 269). Where an 

existing Tier I permit would prohibit such construction or change in operation, the source must obtain a permit 

revision before commencing operation. Tier I sources required to meet the requirements under Section 112(g) of the 

Clean Air Act (Section 214), or to have a permit under the preconstruction review program approved into the 

applicable implementation plan under Part C (Section 205) or Part D (Section 204) of Title I of the Clean Air Act. 

shall file a complete application to obtain a Tier I permit revision within twelve (12) months after cornniencing 

operation. (3-19-99) 

v. The application or minor or significant permit modification request shall be processed in 

accordance with timelines: Section 361 and Subsections 367.02 through 367.05. (3-19-99) 

vi. The final Tier I operating permit action shall incorporate the relevant terms and conditions from the 

permit to construct; or (4-5-00) 

b. Submit all information required by Sections 200 through 219 for a permit to construct and Sections 

300 through 386 for a Tier I operating permit. or Tier I operating permit modification, in which case: (4-5-00) 

i. Completeness of the application shall be determined within thirty (30) days. (5-1-94) 

ii. The Department shall prepare a proposed permit to construct or denial in accordance with Sections 

200 through 219 and a draft TIer I operating permit or Tier I operating permit modification in accordance with 

Sections 300 through 386 within sixty (60) days. (4-5-00) 

Ill. The Department shall provide for public comment and affected state review in accordance with 

Sections 209, 364 and 365 on the proposed permit to construct or denial and draft Tier I operating permit or Tier I 

operating permit modification. (4-5-00) 

iv. Except as otherwise provided by these rules, the Department shan prepare and issue to the owner or 

operator a fInal permit to construct or denial within fifteen (IS) days of the close of the public comment period. The owner or operator may construct the source after permit to construct issuance or in accordance with Subsection 

Idaho Administrative BuUedn Page3S7 August 3, 2005 - Vol. 05-8 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 5U101.o5Of 


Rules foT the Control ofAirPollution In Idaho Propo$ed Ru/emaldllfl 


213.02.c. (4-5-00) 

v. The final pennit to construct will be sent to EPA, along with the proposed Tier I operating pennit or 

modification. The proposed Tier I operating pennit or modification shall be sent for review in accordance with 

Section 366. (4-5-00) 

vi. The Tier I operating pennit, or Tier I operating pennit modification, will be issued in accordance 

with Section 367. The owner or operator may operate the source after pennit to construct issuance so long as it does 

not violate any terms or conditions ofthe existing Tier I operating pennit and complies with Subsection 380.02; or . (4-5-00) 

Co Submit all infonnation required by Sections 200 through 219 for a pennit to construct and Sections 

300 through 381 for a Tier I operating pennit, or Tier I operating pennit modification, in which case: (4-5-00) 

i. Completeness ofthe application shall be determined within thirty (30) days. 

ii. The Department shaU..,repare a draft pennit to construct or denial in accordance with Sections 200 

through 219 and that also meets the requlI'Clllents ofSections 300 through 381 within sixty (60) days. (4-5-00) 

III. . The Department shan provide for public comment and affected state review in accordance with 

Sections 209,364, and 365 on the draft pennit to construct or denial (4-5-00) 

iv. The Department shall prepare and send a proposed pennit to construct or denial to EPA for review 

in accordance with Section 366. EPA review ofthe proposed permit to construct or denial in accordance with Section 

366 can occur concurrently with public comment and affected state review of the draft pennit, as provided in 

Subsection 209.05.c.iii. above, except that if the draft pennit or denial is revised in response to public comment or 

affected state review, the Department must send the revised proposed pennit to construct or denial to EPA for review 

in accordance with Section 366. (4-5-00) 

v. Except as otherwise provided by these rules, the Department shall prepare and issue to the owner or 

operator a final pennit to construct or denial in accordance with Secti.on 367. The owner or operator may construct 

the source after pennit to construct issuance or in accordance with Subsection 213.02.c. (4-5-00) 

vi. The permittee may, at any time after issuance, request that the pennit to construct requirements be 

incorporated into the Tier I operating pennit through an administrative amendment in accordance with Section 381. 

The owner or operator may operate the source or modification upon submittal of the request for an administrative 

L-l 

8IDendment (4-5-00) 

Trlpller of Permits to COBltruet. 

L Transfers by Revision. A permit to construct may be transferred to a new owner or o.peratoT in 

accordance with Subsection 209.06, 

It. Automatic Transfers. Any permit to construct. with or without transfer prohibition laneuqe. may 

be automatically transferred if: . L-l 

i The current permittee notifies the Dqwtment at least thirty (30) days in advance of the proposed 

transfer date: L-l 

containin~ a dateJ:tr::::::=i=ieYf::=~O:~1e~~i::'s=tJ::= and certification that the prqposed permittee bas reviewed and intends to o.perate in accordance with the permit teans 

and oonditioos; and L-J 

ill. The Department does not notify the current pennittee and the proposed penni"ee within thirty (3Q) 

days ofrecejpt ofthe notice ofthe Dqlartment's determination that the permit must be revJsed pursuant to Subsection 

209.06. If the Department does not issue such notice. the transfer is effective on the date provided in the notice 

Idabo Administrative BuHetln Page 358 August 3, 1005 - Vol. 05-8 
" 

DEPARTMENT OF ENVIRONMENTAL QUAUTY Docket No. 5U101-D5DI 


Rula for the Confrol ofAirPollution In Idaho PI'fIP"ec/ RulemaklllfJ 


described in Subsection 209.06.b,ji. 

(BREAK IN CONTINUITY OF SECTIONS) 

404. PROCEDURE FOR ISSUING PERMITS. 

01. General Procedures. General procedures for Tier II operating permits. 	 (5-1-94) 

L Within thirty (30) days after receipt ofthe application for a Tier II operating permit, the Department 

shall determine whether the application is complete or whether more information must be submitted and shall notifY 

the applicant ofits findings in writing. (5-1-94) 

b. 	 Within sixty (60) days after the application is determined to be complete the Department shall: 

(5-1-94) 

i. Notify the applicant in writing of the approval, conditional approval, or denial of the application if 

an opportunity for public comment is not required pursuant to Subsection 404.0I.c. The Department shall set. forth 

reasons for any denial; or (5-1-94) 

ii. Issue a proposed approval, proposed conditional approval, or proposed denial. 	 (5-1-94) 

c. An opportunity for public comment shall be provided on an application for any Tier II operating 

permit pursuant to Supsection 401.01, any application which uses fluid modeling or a field study to establish a good 

engineering practice stack height pursuant to Sections 510 through 516 and any other application which the Director 

determines an opportunity for public comment should be provided. (5-1-94) 

i. The Department's proposed action, together with the information submitted by the applicant and 

the Department's analysis of the information, shall be made available to the public in at least one (I) location in the 

region in which the stationary source or facility is to be located. (5-1-94) 

ii. The availability of such materials shall be made known by notice published in a newspaper of 

general circulation in the county(ies) in which the stationary source or facility is to be located. (5-1-94) 

iii. A copy of such notice shall be sent to the applicant and to appropriate federal, state and local 

agencies. (5-1-94) 

iv. There shall be a thirty (30) day period after initial publication for comment on the Department's 

proposed action, such comment to be made in writing to the Department. (5-1-94) 

v. After consideration of comments and any additional information submitted during the comment 

period, and within forty-five (45) days after initial publication ofthe notice, unless the Director deems that additional 

time is required to evaluate comments and information received, the Department shall notify the applicant in writing 

of approval, conditional approval, or denial ofthe permit. The Department shall set forth the reasons for any denial. 

(5-1-94) 

vi. AU comments and additional information received during the comment period, together with the 

Department's fmal determination, shall be made. available to the public at the same location as the preliminary· 

determination. (5-1-94) 

d. A copy of each proposed and final pennit will be sent to the U.S. Environmental Protection 

Agency. (4-5-00) 

02. Spedlk Procedures. Procedures for Tier II operating permits required by the Department under 

Subsection 401.03. (5-1-94) 

Idaho AdmlDlstradve BaOedn Page3S9 	 Augult 3, 1005 - Vol. ow 
DEPARTMENT OF ENVIRONMENTAL QUALITY Docket No. 58-0101-tJ506 


RuIM 101' tIHJ Control ofAir Pollution In Idaho Proposed Rulemaldng 


L The Director shall send a notification to the proposed pennittee by registered mail ofhis intention 

to issue a Tier II operating pennit for the facility concerned. The notification shall contain a copy of the proposed 

permit in draft fonn stating the proposed emission standards and any required action, with corresponding dates, 

which must be taken by the proposed permittee in order to achieve or maintain compliance with the proposed Tier II 

operating permit. (5-1-94) 

b. The Department's proposed Tier II operating permit shall be made available to the public in at least 

one (I) location in the region in which the facility is located. The availability of such materials shan be made known 

by notice published in a newspaper ofgeneral circulation in the couoty(ies) in which the facility is located. A copy of 

such notice shall be sent to the applicant. There shall be a thirty (30) day period after publication for comment on the 

Department's proposed Tier II operating permit. Such comment shall be made in writing to the Department. (5-1-94) 

c. A public hearing will be scheduled to consider the standards and limitations contained in the 

proposed Tier II operating permit if the proposed permittee files a request therefor with the Department within ten 

(10) days ofreceipt ofthe notification, or ifthe Director detennines that there is good cause to hold a hearing. 

(5-1-94) 

do After consideration of comments and any additional information submitted during the comment 

period or at any public hearing. the Director shall render a final decision upon the proposed Tier n operating permit 

within thirty (30) days ofthe close of the comment period or hearing. At this time the Director may adopt the entire 

Tier II operating permit as originally proposed or any part or modification thereof. (5-1-94) 

e. All comments and additional information received during the comment period, together with the 

Department's fmal pennit, shall be made available to the public at the same location as the proposed Tier II operating 

permit. (5-1-94) 

03. AvaUabWty or Fluid Models and Field Studies. The Department will notify the public of the 

availability ofany fluid model or field study used to establish a good engineering practice stack height and provide an 

opportunity for a public hearing before issuing a pennit or setting emission standard based thereon. (5-1-94) 

04. Permit Revision or Renewal. The Director may approve a revision ofany Tier II operating permit 

or renewal of any Tier n operating permit provided the stationary source or facility continues to meet all applicable 

requirements of Sections 400 through 410. Revised permits will be issued pursuant to procedures for issuing permits 

(Section 404), except that the requirements ofSubsection 404.01.c. shall only apply ifthe permit revision results in an 

increase in allowable emissions or if deemed appropriate by the Director. Renewed Tier II operating permits will be 

issued pursuant to procedures for issuing permits (Section 404), except that the requirements of Subsections 

404.01.c., and 404.02.b. through 404.02.e. shall only apply if the permit revision results in an increase in allowable 

emissions or if deemed appropriate by the Director. The expiration of a permit will not affect the operation of a 

stationary source or a facility during the administrative procedure period associated with the permit renewal process. 

(7-1-02) 

])'an"er of Tier II Permit. 

L Transfers by Revision. A Tier II pennit D1AY be transferred to a Dew owner or operator in 

accordance with Subsection 404 05. L-J. 

Ita Automatic Transfers. Any TIer II pennit. wjth or without transfer prohjbition taoPI"" may be 

automatically transferred if . L-J. 

i. The current permittee notifies the Department at least thirty (30) days in advance of the prQPOsed 

transfer date; L-J. 

ii. The notice provides written documentation silPled by the current and proposed permittees 

containina a date fOr mafer of permit responsibility. desilPlatioo of the proposed permittee', mPODBibJe official. 

and certification that the proposed pennittee has reviewed and intends to Qperate in accordance with the pennit teans 

and conditions; and L-J. 

Idabo Administrative BuUettn Page 360 August 3, 2~ - Vol. 05-8 
DEPARTMENT OF ENVIRONMENTAL QUAUTY DocketNo.5~101~ 

Rules for the Control ofAir Pollution In Idaho Proposed RU#emaklng 


W. The Dc;partment does not notify the cunent permittee and the pmposed peonittee within thirty (3Q) 

days ofrecejpt ofthe notice ofthe Department's detennination that the penn" must be revised pursuant to Subsection 

404.05. If the Dc:partment does not issue such notice. the transfer is effective on the date provided in the notice 

~scribed in Subsection 4Q4.05.b,ji. L-J 

Idaho Admlnlltrative BuUetin Page 36) Augult 3, 2005 - Vol. 05-8 

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1 !{1'7rv> ,::::-<? ~ t~~~~ I 

Legislative Services Office 

Idaho State Legislature 

Carl F. Bianchi State Capitol Director P.O. Box 83720 


Boise, lD 83720-00'4 


2081334-2415; Fax 334·212' 


www2.state.id.usilegislat
 MEMORANDUM 

TO: Rules Review Subcommittee of the Senate Health and Welfare Committee, the 

• Senate Resources and Environment Committee and the House Environment, 

Energy and Technology Committee 

FROM: Research &. Legislation Staff - Katharine Genity ~ 

DATE: July 11, 2005 

SUBJECI': Department ofEnvironmental Quality 

IDAPA 58.01.01 - Rules for the Control ofAir Pollution in Idaho 

IDAPA 58.01.01 - Rules for the Control ofAir Pollution in.ldaho 

IDAPA 58.01.01 - Rules for the Control ofAir Pollution in Idaho 

IDAPA 58.01.05 - Rules and Standards for Hazardous Waste '*" IDAPA 58.01.13 - Rules for Ore Processing By Cyanidation 

,... IDAPA 58.01.17 - Wastewater-Land Application Permit Rules 

.. IDAPA 58.01.17 - Wastewater-Land Application Permit Rules 

1. IDAPA 58.01.01 - Rules for the Control ofAit Pollution in Idaho - A':a-. tlM" I£L( 

The Department ofEnvironmental Quality submits notice ofproposed rulemaking at 

IDAPA 58.01.01 - Rulesfor the Control of Air Pollution in Idaho. 

According to the Department, negotiated rulemaldng was conducted in developing the 

rule, the purpose ofwhich is to fulfill a number ofrequirements stemming from legislation 

passed during the 2005 legislative session. Specifically, the Department notes that HB 230 and 

SB 1228 require the Department to adopt rules defining the term "regulated air pollutant" as it 

applies to various Clean Air Act permit to construct and operating pennit programs and to adopt 

rules that are consistent with the Clean Air Act and its implementing regulations in regard to the 

permit applicability treatment offugitive emission. The Department also indicates that all major 

and non-major sources ofair pollution may be interested in commenting on the proposed rule and 

Mike Nugent, Supervisor Jeff Youtz, Supervisor Ray (neek, Supervisor Glenn Harris, Supervisor Research & Leaislation Budaet & Policy Analysis Legislative Audits Network Administration 

mnuaent@lso.state.id.us jyoutz@lso.state.id.us rineek@Jso.state.id.us aJwriS@Jso.stato,id.us 

" , . ,..,. " ",I" 
special interest groups, public officials, or members ofthe public who have an interest in the -


regulation ofair emissions from sources in Idaho may also wish to submit comments. 

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

The Department confirms that the rule does not regulate an activity not regulated by the federal 

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

2, IPAPA 58.01.01 .. Rules for the Control ofM Pollution in Idaho - J J~ 

The Department ofEnvironmental Quality submits notice ofproposed rulemaking at 

IDAPA 58.01.01 - Rules for the Control ofAir Pollutiqn in Idaho. 

According to the Department, the purpose of the rule is to update various citations to the 

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

Agency for approval of the state's Title V Operating Permit Program, to include those revised as 

of July 1, 2005, as well as to correct a specific reference. 

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

The Department confirms that the rule docs not regulate an activity not regulated by the federal 

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

3. 	IDAPA 58,01.01 - Rules for the Control ofAir Pollution in Idaho - &"uLiAL ac-fjt4Ar/l~/' 7 /"$iPf i Is 

The Departm~nt ofEnvironmental Quality submits notice'ofproposed rulemaking at 

IDAPA 58.01.01 - Rules for the Con1ro1 ofAir Pollution in Idaho, 

According to the Department, negotiated rulemaking was conducted in developing the 

rule. The Department states that last year it revised its major permitting program due to changes 

in federal law and this particular rule change will revise a number ofdefinitions to provide 

consistency between the major and minor air quality permitting programs as well as add two new 

subsections allowing for the transfer ofpermit to construct and Tier noperating permits. The 

Department indicates that both major and minor sources ofair pollution, special interest groups, 

public officals, and members ofthe public who have an interest in the regulation ofair emiMions 

from sources in Idaho may wish to submit comments. 

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

The Department confirms that the rule does not regulate an activity not regulated by the federal 

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

4. IDAPA 58,01.05 .. Rules and Stapdards for H'7J!rdous Waste 

The Department submits notice ofa proposed rule at IDAPA 58.01.05 .. Rules and 

P8ge20f 5 
Standards for Hazardous Waste. 

According to the Department, the rule is updated annually to maintain consistency with 

the U.S. Environmental Protection Agency's federal regulations implementing the Resource 

Conservation and Recovery Act as directed by the Idaho Hazardous Waste Management Act. The 

Department continues that Idaho bas historically adopted both required and optional federal 

regulations so that Idaho's hazardous waste rules are the same as federal requirements. The 

Department states that optional federal regulations usually allow more flexibility to the regulated 

community and required federal regulations are necessary to maintain program primacy. The 

Department adds that adoption by reference allows it to keep its rules up to date with federal 

regulation changes, minimizes the EPA Region 10 effort needed to keep Idaho's authorization 

cwrent and simplifies compliance for the regulated community. This rule updates citations 

incorporated by reference to include revisions made as ofJuly 1,2005. 

The proposed rule appears to be authorized by Chapters 44 and 58, Tide 39, Idaho Code. 

The Department also notes that Section 39-4404, Idaho Code, as well as 40 CFR 271.21(e) 

require it to adopt amendments to federal law as proposed. The Department confirms that the rule 

does not regulate an activity not regulated by the federal government, nor is it broader in scope or 

more stringent than federal law or regulations. 

S. IDAPA 58.01.13 .. Rules fot Ore Processing By Cyanidation 

The Department submits notice ofa temporary and proposed rule at IDAPA 58.01.13 .. 


Rules for Ore Processing By Cyanidation. The temporary rule will be effective July 13, 2005. 


According to the Department, the rule is being revised based on legislation 'passed during 

the 2005 legislative session relating to bonding, closure plans, and time frames for rejecting or 

approving permits for ore processing facilities using cyanide. The Department, along with the 

Department ofLands, was directed to promulgate rules implementing the provisions ofthe 

legislation by August 1~ 2005. Negotiated rulemaking was conducted with interested parties as 

wen as the Department ofLands. The Department notes that the Idaho Mining Association, 

Independent Miners Association, the Idaho Conservation League, Idaho Rivers United, the U.S. 

EPA, mining companies, associated grass roots environmental and multiple use organizations, 

. and the public at large may be interested in commenting on the proposed rule. 

The proposed rule appears to be authorized by Chapter 1, Title 39, Idaho Code. The . 

DepartmeDt state. that the rule makes revisioBl to a curreDt existiol rule that regulates aD 

activity Dot regulated by the fedenilovernmeDt. However~ the LegIslature directed the 

DepartmeDt to proDlallate temporary rules to implemeDt the provision. by August 1, 2005, 

aDd, couequently, tile DepartmeDt has dODe so to meet the directive. 

6. IDAPA 58.01.17 - Wastewater-Land APPlication Pennit Rules 

Page 3 of 5 
The Department of Environmental Quality submits notice ofproposed rulemaking at -


IDAPA 58.01.17 - Wastewater-Land Application Permit Rules. Following public comment, 

however, the Department intends to present the final proposal to the Board for adoption ofa 

pending and temporary rule. Ifadopted by the Board, the temporary rule would become effective 

December 7, 2005. 

According to the Department, negotiated rulemaking was conducted in developing the 

rule. The Department states that the rulemaking has been initiated to modify and clarify existing 

water quality limits and other requirements for the various classes ofmunicipal reclaimed 

wastewater, to add and clarify various definitions, and to change the name ofthe rules. The 

Department adds that the rulemaking is necessary because it has determined that the existing 

water quality limits and other requirements for Class A and Class B reclaimed wastewater may 

be too strict. The name ofthe rules is being changed to reflect the desire ofthe Department and 

stakeholders to go beyond just land application ofwastewater in the field ofreuse, land 

application being a subset ofthe broader scope ofreclaimed wastewater reuse. A number ofother 

"housecleaning" changes have been made. The Department notes that the Idaho Association of 

Commerce and Industry, the Idaho Association ofCities, consulting engineers, existing and 

potential permittees, and the development community may be interested in commenting on the 

rule. 

The proposed rule appears to be authorized by Chapter 1, Title 39, Idaho Code. The 

Department indiates that the rule regulates an activity not regulated by the federal 

govenunent and sets forth within its Notice of RulemakiDg requisite additional information 

punuant to the provisions of Subseetlons (3) and (4) ofSeedon 39-107D, Idaho Code, for 

review by the eoDUDittees. The DepartJDent states that the requirements set forth in the 

proPOled rule are based upon ltudies and analysis condueted by other states, the U.S. 

Environmental Protection Agency, and national water reuse organizations that indicate the 

requirements are protective of human health and the environment and do not pose an 

unreasonable ritlkto the pubUe potentially uposed. According to the DepartJDent, the 

studies and analysis will be included in the rulemaklng record and can be reviewed during 

the pubUe eomment period for further detailed information regarding ritk. 

7. IDAPA 58.01.17 - Wastewater-Land ARP1ication Permit Rules 

The Department ofEnvironmental Quality submits notice ofproposed rulemaking at 

IDAPA 58.01.17· Wastewater-Land Application Permit Rules. 

The Department notes that a Notice ofNegotiated Rulemaldng was published but no 

members ofthe public attended the meeting. The Department did receive one written comment. 

According to the Department, the wastewater-land application permit rules do not currently 

require the Department to provide public notice or an opportunity for public comment during the 

wastewater land application permitting process, although the Department has been doing so. The 

purpose ofthe rule is to set out the public participation provisions for the permitting process and 

Page 4 of S 
.. ' . 

• 

to revise the permitting schedule to allow the director 60 days after issuance ofa draft pennit to 

issue the final permit The rule currently allows the director 30 days to issue the final pennit. The 

Department continues that in order to maintain the 180 day pennitting schedule, the number of 

days allowed for the director to make an application completeness determination would decrease 

fonn 60 to 30. The rule also adds a provision allowing for additional infonnation or consultation 

between the applicant and the Department ifnecessary to clarifY, modifY or supplement the 

application. The Department notes that the Idaho Association ofCommerce and Industry, the Idaho 

Association ofCities, consulting engineers, existing and potential pennittees, and the development 

community may be interested in commenting on the rule. 

The proposed rule appears to be authorized by Chapter 1, Title 39, Idaho Code. In tenns of 

Section 39-1070, Idaho Code, compliance, that Section provides, in part, that "any rule fonnulated 

and recommended by the department to the board which is broader in scope or more stringent than 

federal law or regulations, or proposes to regulate an activity not regulated by the federal 

govemment..." is subject to certain additional requirementS specifically set forth within the section. 

The Department maintains that the provisions ofSection 39-1070, Idaho Code, do not apply to the 

proposed rule for the following reasons: . 

1) The Department asserts that there is no federal law or regulation that is comparable to 

the Wastewater-Land Application Pennit Rules. Based on this fact, the Department indicates that 

the proposed changes are not broader in scope or more stringent than federal law or regulations. 

2) The Department also asserts that the proposed rule changes the public participation 

provisions in an existing program authorized by the Idaho Legislature and does not propose to 

expand a regulatory program to an area or activity not regulated by the federal government. 

The Department clarifies, however, that even though the rule simply changes the public 

participation provisions in an existing program and does not expand regulation to a new activity, 

the existing program does regulate activities not regulated by the federal government. The 

DeparDDent adds that the Wastewater-Land Application Permit Rules were first adopted in 1988 

and therefore were not subject to the requirements ofSection 39-1om, Idaho Code, enacted in 

2002 and amended in 2003. Finally, the Department adds that the rulemaldng does not propose any 

standards relating to human health or the environment, but simply public participation provisions. 

The committees may consider that this fact distinguishes this rule, in terms ofthe applicability of 

the provisions ofSection 39-1070, Idaho Code, from the Department's proposed rule relating,to 

ground water quality standards, in which standards were modified and added, which was the 

subject of our memo 'to the committees ofJune 14,2005. 

cc: Department ofEnvironmental Quality 


Paula J. WDson 


Martin Bauer 


John Brueck 


JobnLawson 


Mark Mason 


Rick Huddleston 


Page 5 of 5 
.~ SKIN-IN ........... POll F.Auc H.·..... 
 Rua. for the Control ofAJr Pollution In IdIIho 

LOCATION: Depwtment of EnvIronmental Quality ConfInnce CerIt8r. 1410 N. Hilton....... 1dIIho 

DATE: September 7.2001 

NAME 

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Docket. IJO. 

58-0101-0503 

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CERTIFICATE OF HEARING 

SUBJECT: 	 Rules for the Control of Air Pollution in Idaho, Docket No.. 58-0101-OS03, 

58-0101-OS05, and 58-0101-OS08 

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

HEARING DATE: September 7, 200S 

The undersigned designated hearing officer hereby certifies that on the 7" day of 

September, 2OOS, a public hearing was held on the Rules for the Control of Air Pollution 

in Idaho at the DEQ conference center in BoI88, Idaho. The hearing commenced at 4 

p.m. and was adjourned at 4 ~ 30 p.m. Members of the public attended the hearing 

but did not wish to present oral testimony. 

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

by Idaho Code Section 67-5221, or:- August 3,2005. This publication was timely made 

/

and other necessary notice requirements have been met. I 

" 

. DATED this 7" day of September. 2ooS. 

Larry 

Hearing Offtcer 

CERTIFICATE OF HEARING 

UST OF PUBUC CO",MENTS 


Proposed Rul ..for the Control of Air Pollution In Idaho 


Docket Number 88-0101-0506 


Deadline for Comment: September 7, 2001 

Submitted By 

Katharine Gerrity, Legal Analyst 

Legislative Services Office 

State Capitol 

Boise, 10 83720-0054 

Katharine Gerrity, Legal Analyst 

Legislative Services Office 

State Capitol 

Boise, 10 83720-0054 

Certificate of Hearing 

Date Received 

July 28, 2005 

July 13, 2005 

September 7, 2005 

-. 

Legislative Services Office RECElvea

JUL 282005 

/

Idaho State Legislature (, 0fIIce of .. General 

IDEQ 

Carl F. Bianchi State Capitol 

Director P.O. Box 83720 

Boise. 10 83720-00'4 

July 28, 2005 	 2081334-24"; Fax 334-212' 

www2.statc.id.usI1eaislat 

Paula J. \NIlson 


Hearing Coordinator 


Department of Environmental Quality 


1410 N. Hilton . 
 Boise, 1083708-1255 


Dear Ms. Wilson: 

The Senate and House Subcommittees for review of administrative rules have reviewed the 

proposed changes to the Department of Environmental Quality rules: 

IDAPA 

58.01.01 	 Rul. for Control of Air Pollution In IdahoiDefines "Regulated Air 

Pollutant" (Docket #58.Q101-0503) 

58.01.01 	 Rules for Control of Air Pollution In IdaholUpdatal Citations to Federal .-. Regulations (Docket 158-0101-0505) 

58.01.01 	 Rul. for Control of Air Pollution In IdaholProvld. Consistency 

between Major & Minor Air Quality Permitting Programs (Docket t68­

0101-0l0I) 

58.01.05 	 Rules & Standards for Hazardous W.te 


(Docket118-0101-0801) 


.58.01.13 	 Rul. for Ore Processing By Cyanldatlon 


(Docket #58-0113-0501) 


58.01.17 	 W.tewater......d Application PennH RuleslTo Modify & Clarify 

ExIstIng Water Quality Limits & Other Requirements 

(Docket tI8-0117-0501) . 

58.01.17 	 Watewater..... nd ~onPennH RuleelPublic Participation 

Provisions (Docket 1,7-0502) , 

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

Kdlan'::::G1

Principal Legal Analy{( 

~ 0 

KAGlca 

\. 

Mike NUlent, Supervisor Jeff Youtz, Supervisor Ray (neck. Supervisor Glenn Harris, Supervisor 

Research" Legislation Budget" Policy Analysis Legislative Audits Network Administration 

mnugent@lso.state.id.us jyoutz@lso.state.id.us rineck@lso.state.id.us gharriS@Jso,state.id.us 
·. 

Legislative Services Office 

Idaho State Legislature - RIiCIiIYIiD 


Carl F. Bianchi 
 Stile Capitol DiJector 	 JUl , 3 2005 P.O. Box 83720 

Oftlce of the General Boise. ID 83720.00'4 

10EQ 208133...24"; Fax 33"'212' 

www2.S1l1C.id.usllc,isllt MEMORANDUM 


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

• 	 Senate Resources and Environment Committee and the House Environment. 

Energy and Technology Committee 

FROM: Research & Legislation Staff· Katharine Genity ~ 

DATE: July 11, 2005 

SUBJECT: Department ofEnvironmental Quality 

IDAPA 58.01.01 - Rules for the Control ofAir Pollution in Idaho 

IDAPA 58.01.01 • Rules for the Control ofAir Pollution in Idaho -. 

IDAPA 58.01.01 • Rules for the Control ofAir Pollution in Idaho 

-, 
 IDAPA S8.01.0S .. Rules and Standards for Hazardous Waste '*" IDAPA S8.01.13 .. Rules for Ore Processina By Cyanidation
 '* IDAPA 58.01.17 .. Wastcwater..LandApplication Permit Rules 


.. IDAPA 58.01.1'1 .. Wastewater-Land Application Permit Rules 


I. IDAPA 58,01.01 • Rules for the CoutroI WAir Pollution in Idaho 

The Department ofEnviroam.ental Quality submits notice ofproposed rulemaldng at 

IDAPA 58.01.01· Rules for the Control ofAir Pollution in Idaho. 

AeaJrding to the Department, negotiated rulemaking was conducted in developing the 

rule, the purpose ofwhich is to fWfill a number ofrequirements stemming from legislation 

passed during the 2005 legislative session. Specifically, the Department notes that HB 230 and 

SB 1228 require the Department to adopt rules defining the term "regulated air pollutant" as it 

applies to various Clean Air Act permit to cons1rUct and operating permit programs and to adopt 

rules that are consistent with the Clean Air Act and ita implementing regulations in regard to the 

permit applicability treatment offugitive emission. The Department also indicates that all major 

and non-major sources ofair pollution may be interested in commenting on the proposed rule and 

c_ 

Mike NUI.nt, Supervisor Jeff Youa:, Supervisor Ray Inock, Supervisor GlenD Harris, Supervisor Research &: LeSislation Buds« &: Policy Analysis Legislative Audits Network Administration 

mnusent@lso.state.id.us jyoutz@lso.stateJd.us rineck@lso.state.id.us gharriS@lso.state.id.us 
special interest groups, public officials, or members ofthe public who have an interest in the 

regulation ofair emissions from sources in Idaho may also wish to submit comments. 

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

The Department conthma that the rule does not regulate an activity not reauIated by the federal 

government. nor is it broader in scope or more stringent than' federal law or reauIations. 

2. IDAPA 58.01.01 - Rules for the Control ofAit Pollution in Idaho 

The Department ofEnvironmental Quality submits notice ofproposed rulemaking at 

IDAPA 58.01.01 - Rules for the Control ofAir Pollution in Idaho. 

According to the Department, the purpose ofthe rule is to update various citations to the 

federal regulatiQns incorporated by reference as mandated by the U.S. Environmental Protection 

Agency for approval ofthe state's Title V Operating Permit Program, to include those revised as 

ofJuly 1,2005, as well as to correct a specific reference. ' 

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

The Department confirms that the rule does not regulate an activity not regulated by the federal 

govermDellt. nor is it broader in scope or more stringent than federal law or regulations. 

3. IDAPA 58.01 .ot -Rules for the Control ofM Pollution in Idaho . 

The Departm. ofEnvirQnmental Quality submits notice'ofproposed rulemaking at 

IDAPA 58.01.01 - Rules for the Control ofAir Pollution in Idaho. . 

According to the Department. nesotiated rulemaldng was conducted in developing the 

rule. The Department states that last it revised its major permitting program due to changes 

in federal law and tbii particular rule change will revise a number ofdefinitions to provide 

consistency between the major and Ininor air quality permitting programs as well as add two new 

subsections allowing for the transfer ofpermit to construct and Tier noperating permits. The 

Department indieates that both major and minor sources ofair pollution, special interest groups, 

pubHc ofticals, and members ofthe public who have an interest in the regulation ofair emissions 

from sources in Idaho may wish to submit comments. 

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

The Department confirms that the rule does not reauIate an activity not regulated by the federal 

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

4. mAPA S8.01.OS - Rules and Standards for HmrdquS Waste 

The Department submits notice of a proposed rule at IDAPA 58.01.05 - Rules and 

Page 2 of 5 

('" 


" 

,I' "0 

\. 

Standards for Hazardous Waste. 

Accordina to the Department, the rule is updated aonually to maintain coasistency with 

the U.S. Environmental Protection AaCDfJY'S federal replations implcmentina the Resource 

Conservation aDd Recovery Act as directed by the Idaho Hazardous Waste Maoaaement Act. The 

Department continues tbIt Idaho has historically adopted both required and optioD8l federal 

regulations so that Idaho's hazardous waste rules lie the same as federal requirements. The 

Department states that optional federal regulations usually allow more flexibility to the regulated 

community and required federal regulations lie necessary to maintain proaram primacy. The 

Department adds that adoption by reference allows it to keep its rules up to date with federal 

regulation changes, minimizes the EPA Region 10 effort needed to keep Idaho's authorization 

current and simplifies compliance for the regulated community. This rule updates citations 

incorporated by reference to include revisions made as ofJuly 1. 2OOS. 

The proposed rule appears to be authorized by Chapters 44 and 58, Title 39, Idaho Code. 

The Department also notes that Section 39-4404, Idaho Code, as well as 40 CPR 271.21(e) 

require it to adopt amendments to federal law as proposed. The Department confirms that the rule 

does not regulate an activity not regulated by the federal government, nor is it broader in scope or 

more stringent than federal law or regulations. 

s. IDAPA 58,01.13 - Rules for Ore Processin& By Cyanjdgtion 

The Department submits notice ofa temporary and proposed rule at IDAPA 58.01.13 ­

Rules for Ore Processing By Cyanidation. The temporary rule will be effective July 13, 2005. ­ According to the Department, the rule is being revised based on legislation during 

the 200S legislative session relatiD.g to bonding, closure plans, and time frames for rejecting or 

approving permits for ore processing facilities using cyanide. The Department, along with the 

Department ofLands, was directed to promulgate rules implementing the provisions ofthe 

legislation by August 1, 2OOS. Neaotiated rulemlkina was conducted with interested parties as 

wen as the Department ofLands. The Department notes that the Idaho Minina Association, 

Independent Miners Association, the Idaho Conservation League, Idaho Rivers United, the U.S. 

EPA, mining companies, associated graSs roots environmental and multiple use organimtiODS, 

and the public at large may be interested in commenting on the proposed rule. 

The proposed rule appears to be authorized by Chapter 1, Title 39, Idaho Code. The 

DepartJDent states that the rule makes revlsjou to a current emtinl rule that replates an 

activity not replated by the federailoverumenL However, the Lepalature directed the 

Department to promulpte temporary rules to implement the provision. by Aupst I, 1005, 

and, consequently, the DepartmeDt hu dODe so to meet the directive. 

6. IPAPA 58.01.11 - Wastewater-Land &mlication Permit Rules 

Page 3 of 5 
The Department ofEnvironmental Quality submits notice ofproposed rulcmaking at 

IDAPA S8.01.17 - Wastewater-Land AppHcation Permit Rules. Following public comment, ( 

\, however,. the Department intends to present the final proposal to the Board for adoption ofa 

pendin, and temporary rule. Ifadopted by the Board, the temponuy rule would become effective 

December 7, 200S. 

Accordina to the Department, negotiated tulcmaking was conducted in developing the 

lUIe. The Department states that the ruJcmakiDi has been initiated. to modif,y and cl~ existing 

water quality limits and other requirements for the various classes ofmunicipal reclaimed 

wastewater, to add and clarify various definitions, and to change the name ofthe rules. The 

Department adds that the rulemaking is necessary because it has detamin.ed that the existing 

water quality limits and other requirements for Class A and Class B reclaimed wastewater may 

be too strict. The name ofthe lUIes is being changecl to reflect the desire ofthe Dep8rtment and 

stakeholders to aobcyondjust land application ofwastewater in the field ofreuse, land 

application being a subset ofthe broader scope ofrec1aimed wastewater reuse. A number ofother 

''housecleanina'' changes have been made. The Department notes that the Idaho Association of 

Commerce and IDdustry, the Idaho Association ofCities, consulting engineers, existing and 

potential permittees, and the development community may be interested in commenting on the 

lUIe. 

The proposed lUIe appears to be authorized by Chapter 1, Title 39, Idaho Code. The 

DepartDtent ladlcat .. that the nle replates aD activity Dot replated by the ledenl 

govenmaeDt aDd _Iorth withiD ita Notiee 01 RaJemlldDI requisite addltloDal lalonaatioD 

punuaDt to the provilioDl 01 SUblectiODl (3) aDd (4) 01SectiOD 39-107D, Idaho Code, for . 

reritnr by tile eoDUllitt.... TIle DepartJDeDt ltatea that tile requiremeDtslet forth ill tile 

proposed rule are bued UpOD ltudl.. aad aaalylil eoDdueted by other ltates, the U.s. 

EDvIro....eDtaI ProtectioD Apaq, aDd DatioD" water reue o.....fzatioDl that iIIdicate tile 

requirements are protective olllumaD llea1tJa aDd tile eDViroDDIeDt aDd do Dot p..e aD .' 

UDnIIODabie rIs)(*o the pubBe poteatlally apoaed. AceonUnl to the DepartmeDt, tile 

ltudla 'aDd aDalyJiI wm be iDduded ill tile raJ_aldnl record aDd CaD be reviewed duriDl 

the pubBe COllUDeDt period lor furtlaer detaDed batonaatioD reprdiDl risk. 

7, mAPA 58.01.17 - Wastewater-Land AlmHcation Permit Rules 

The Department ofEnvironmental Quality submits notice ofproposed rulemaking at 

IDAPA S8.01.17 - Wastewater-Land Application Permit Rules. 

.The Department notes that a Notice ofNegotiated Rulemaking was published but no 

members ofthe pubHc attended the meeting. The Department did receive one written comment 

According to the Department, the wastewater-land application permit lUIes do not currently 

require the Department to provide pubHc notice or III opportunity for public comment during the 

wastewater land application permitting process, although the Department has been doing so. The 

purpose ofthe Nle is to set out the public participation provisions for the permitting process and 

Page 4 of S 
• 


to revise the permittina schedule to allow the director 60 days after issuance ofa draft permit to 

issue the fioal permit. The rule currently allows the director 30 days to issue the final permit The - Department continues that in order to maintain the 180 day permittina schedule, the number of 

days allowed for the director to make an appUcation completeness determination would decrease 

fonn 60 to 30. The rule also adds a provision allowing for additional information or consultation 

between the applicant and the Department ifnecessary to clarify, modify or supplement the 

appUcation. The Department notes that the Idaho Association of Commerce and Industry, the Idaho 

Association ofCities, consultina engineers, existina and potential permittees, and the development 

commWlity may be interested in commenting on the rule. 

The proposed rule appears to be authorized by Chapter 1, Title 39, Idaho Code. In terms of 

Section 39-1070, Idaho Code, compliance, that Section provid~ in part, that "any rule formulated 

and recommended by the department to the board which is broader in scope or more stringent than 

federal law or regulations, or proposes to regulate an activity not regulated by the federal 

govemment..." is subject to certain additional requirements specifically set forth within the section. 

The Department maintains that the provisions ofSection 39-1070, Idaho Code, do not apply to the 

proposed rule for the foRowing reasons: 

1) The Department asserts that there is no federa1law or regulation that is comparable to 

the Wastewater-Land Application Permit Rules. Based on this fact, the Department indicates that 

the proposed changes not broader in scope or more stringent than federal law or regulations. 

2) The Department also asserts that the proposed rule changes the public participation 

provisions in an existing program authorized by the Idaho LegislatuJ:e and does not propose to 

apanda regulatory program to an area or activity not regulated by the federal government. 

The Department clarifies, however, that even though the rule simply changes the public 

participation provisions in an existing program and does not expand regulation to a new activity, 

the fJ%isting program does regulate activities not regulated by the federal government The 

Departri1ent adds that the Wastewater-Land Application Permit Rules were first adopted in 1988 

and therefore were not subject to the requirements ofSection 39-1070, Idaho Code, enacted in 

2002 and amended in 2003. Finally, the Department adds that the rulemaking does not propose any 

standtlnb relating to human health or the environment, but simply public participation provisions. 

The committees may consider that this fact distinguishes this rule, in terms ofthe applicability of 

the provisions ofSection 39-1070, Idaho Code, from the Department's proposed rule relating to 

ground water quality standards, in which standards were modified and added, which was the 

subject ofour memo 'to the committees ofJune 14, 200S. 

00: Department ofEnvironmental Quality 

Paula J. Wilson 

Martin Bauer 

10hnBrueck 

10hnLawson 

Mark Mason 

Rick Huddleston 

PageSof S 

State of Idaho 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

Board ofEnvironmental Quality 

Dirk KempIhome, GcMIrnor 

Toni HardeIty, DlNCtor 

DECLARAnON OF RULEIIAKINO 


BY THE BOARD OF ENVIRONMENTAL QUALITY 


ADOPTION OF PENDING RULES 


DOCKET NO. 58..0101..0508 


Pursuant to the authority granted to the Board of Environmental Quality in 11tIe 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, 88 pending rules, 88 

presented in the attached Final Proposal. 

/D-tz... os= 

Date 

STATE OF IDAHO 

County of Ada 

On this ~~October, 2005, before me, the undersigned, a Notary Public in and for 

said State, personally appeared John R. MacMillan, Chairman, 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 certiftcate first above written. 
.. 


RULE PROMULGATION AUTHORITY CHECKLIST 


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


Permitting Clarification 


Docket No. 58-0101-l2:>1>.b 


DATE INITIALS 

~ Legal Review of Proposed Administrative Rules Form

t:tho/ot1 A\+ Director Approval of Proposed Administrative Rules Form 

1b/.o~ Approval Received from DFMlGovemor 

tpJ,,; Legal Review of ProposedlTemporary Rule Docket * GbtloS /f-.'J Director Approval of Proposed/Temporary Rule Docket 

21#. ~ Board Adoption of Temporary Rule

-l 

(1I,vfD:) Legal Review of PendinglTemporary Rule Docket 

f/Ll.r . M Director Approval of PendinglTemporary Rule Docket 

Board Adoption of PendinglTemporary Rule 
r- .r~'1_'__________________________ ~ ~ ....._-..., 

Docket Number: 58-0101=0506 	 Public NotIce 

ar.ctIv. Date: 2006 Sine die NegotIated Rule MakIng: (X] Yes [)Na 

Ru...TItle: Rules for the Control of Ajr pollution in Idaho 

Agency Contact MCI Phone: Martin Bauer· 373=0440 Involved: sigrHn Sheet atIached 

DeecltptlYe Summary: 

Last year the Department of Environmental Quality (ilEQ) revised its major permitting program 

due to changes in faderallaw. This docket revises a number of definitions to provide 

consistency between the major and mtnor air quality permitting programs. Also proposed are 

two new sublectiona aJIowing for the transfer of .,emitto consbuct and Tiel' II operating 

permits. 

No public comrnerrts were received. DEQ recommends that the Board adopt the rule, as 

presented in the final proposal, as a pending rule with a final effective date coinciding with the 

adjournment sine die ofthe Second Regular Session ofthe Ftfty-eighth Idaho Legislature. The rule 

is subject to review by the Legislature before becoming final and effective. 

I	~: [X) Yes [INa 

LocatIoM MCI Dataa: Boise, 917105 

Wrltt.en ConIIMnt DeIdIIne: 917105 

c.tllnpact 

Agency: The changes in the pemiIIing PfOIII8II'IIhouid provide 

long-term I8dlldiooa in DEQ COlts bough devekIpmenI of. more 

efticient penllilting proceu. 

bgI...... ConununItr: The changea in the pemilling PfOIII8II'I 

IhouId provide long-term radllCIioM in CEQ COlts bough rnf. nvv.-­

Relevant 8tatutee: Idaho Code II 39-105 and 107 

Idaho Code, 38-107D stat.ment: This rule does not regulate 

an activity not regulated by the federal government. nor is it 

broader in sc::ope or more strilgent than federal regulations. 

Idaho Code' 17-1221(c) FIKalIaIpIIct~ 

No negative impact occurs from this ru!emaking; provision is 

not applicable. 

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

( J CompIianca with deadlines in amendments to goveming law or federal programs

[ J Conferring a benefit 

Docket Number: 58-0lQ]-0506 

SectIon Exlatlng Rule Summary Temporary and/or PropoHd 

Rule Summary 

Summary of RUle C....... 

Baled on PublIc ConwIent 

0Uf:I!IIandInI ...... 

006 General Deftnltlona. Definition of Modification revised 

by adding reference to Section 

007 definition of -emission 

increase.­

No convnent racei'ied. No 

change. 

None. 

007 DeftnlUo..for the Pu~..of 

SecIIona 200 through 228 and 

400 througn 461. 

Definitions added or revised as 

necessary for this rulemaking. 

No comment received. No 

change. 

None~ 

208 Procedu..for "'ulng Penn... Provision added allowing for 

transfer of ....... ""'to. to construct. 

No comment received. No .1. 

w ...oyv. 

None. 

404. Procedu..for ...u1ng Pennb. Provision added allowing for 

transfer of TI8I' II permits. 

No comment received. No 

change. 

None. 

),' 	 l ',- Rulemaldng and Public Comment . - Page 2 
.. 

Proposed Motions for the October 2005 

c:' Meeting of the Idaho Board of Environmental Quality 

Agenda Item #11 

Rules for the Control of Air Pollution in Idaho. Docket No. 5&0101-0506 

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. 58-0101-0506. 
FINAL PROPOSAL 

- RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO, DOCKET NO. 5&0101-0506 

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

adopt the rule as initially proposed in the Idaho Administrative Bulletin, August 3, 2005, Vol. 05-8, 

pagea 350th:h 381) Wr,:'It-, ~biUjJ~n" tf '!yftJ~1t.1C~ 

tf1!\PC!znvJ "'/'JU--n 4..-t 5~~ a(()"~ tJG ¥tI~ os-. , 

-

IDAPA 58 - DEPARTMENT OF ENVIRONMENTAL QUAUTY 

58.01.01 • RULES FOR THE CONTROL OF AIR POLLunoN IN IDAHO 

DOCKET NO. 5M101-G501 

NOTICE OF RULEMAKING • ADOPTION OF PENDING RULE 

EFFECI'IVE DATE: This rule has been adopted by the Board of EnvirOnmental Quality (Board) and is now 

pending review by the 2006 Idaho. Stete. ~gisIature for tiDal approval•.. The pending rule win become final and 

eft'ective immediately upon the adjoununen.t ~iDc die of the Regular _ion of the Fifty-eighth Idaho 

Legislature unless prior to that date the rule is rejected, amended or modified by con.current resolution in accordance 

with Idaho Code Sections 67-S224 and 67-5291. Ifthe pending ru~ is appJOvod, amended or modified by concum:nt 

resolution, the rule becomes final and eft'ective upon adoption-of tho concurrent resolution or upon the date specified 

in the concurrent resolution. 

AUTHORITY: Iti compliance with SeCtiop 67-S224,.Idabo Code, notice is h~by given that the Board has adopted 

a pending rule. This action is authorized by Sections 39-105 and 39-1rn. Idaho Code.· . 

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 3, 2005, Vol. 05-8, pages 350 through 361. The 

agency. received no public comments; ,however. Subsectious 209.06 and ~.~S were, reyised for the of 

correctiDg typographic errors. The remainder ofthe rule has been adopted as mltiaUy propoSed. The Rulema1cmg and 

Public Comment Summary can be obtained at www.deq.idaho.gov or by contacting the undersigned. 

The text ofthe pending rule has been amended-in accordance with Section 67-5227, Idaho Code. Only those sections 

that have ~es that differ from the proposed text arc printed in this bulletin. 'ibecompletctext ofthe proposed rule 

was published mthe August 3, 2005,ldaho Administrative Bulletin, Vol. OS-8, pages 350 through 361. 

IDAHO CODE SECTION 39-187D 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 law or regulations. 

IDAHO CODE SECTION 67.5114(2)(1) FISCAL IMPACT STATEMENT: Nonegltive impact occurs from this rul~g; provision is not applicable. 

GENERAL INFORMATION: For more information about DEQ's programs and activities,visit DEQ's web site at 

www.dcq.idaho.gov. - . . ! - • . .. • , 

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

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

DATED this 2nd day ofNovember, 2005. 

Paula J. Wilson 

Hearing Coordinator 

Deparblient of Environmental Quality 

14)0 N. Hilton 

Boise, IdahO 83706-1255 

(208)373-0418 

Fax No. (208)373-0481 

paula.wilson@deq.idaho.gov 

Idaho AdmfDlltradve BuBettu P • .,l03 Deeember 'tlOGS - VoL 0S-11 
DEPARTIIENT OF EIMRONIIEllTAL QUALITY.. Doc"'" No. SI-lJ101-D1Of 

Rules for tM ControlofAll' Pollution In IdItho 	 PendIng Rule 

DOCKET NO. 5I-OIOI-O!M. PENDING RULE 

nen are ......Uve cUD......... die proposed nile ten. 


Only tIIose seedo..that have eh_led from tile orfalnal pfopoaed 

teD are printed In tllil BuDedn foUowlnl dill notice. 

The teD oftile propoaedrule w.. pubUsIled In tile Idaho AdmfBllndve 


BuUetbl, Vol.me O~-8, AugaSt 3, lOG!, pages 3SO tbrougb 361. 


TIlIt nile hal beea adopted u a pendial rule by die Apaey and II .ow pendiaa 

review and approval by the i_IMo State LecJslatare a. a fblal rule. 

THE FOLLOWING IS TBJ: AMENDED TEXT OF DOCKET NO. 58-01'1..0506 

SubseCtions 209.06.& tlnd209.06.b.UL 

209. PROCEDURE FOR ISSUING PERMITS. 

Iraufer ofPwpu! tt Coutroct. 

• Transfen by Reyision, A pmit to construct maY be transferred to a new owner or operator in 

accmJange with SubsectiQll209Jl4. .' L-l 

• Automatic Ttansfers. A:sri PlWUit to CQDStmct. with or without transfer prohibition lan&JIUC. mAY 

be alijptnatict11y trwfem;d if: .. .. . . L-l 

i. The cum:nt permittee notifies the Department at least thirty OOl dtys in adyance ofthe umposed

tmDaCer date; L-l 

Subsections 404.0S.& flnd 404.tlS.b.ili. 

484. 	 PROCEDURE FOR ISSUING PERMITS. 

Iraufer orDer II Permit. 

IMo Administrative BaDed. Pap 104 	 December 7, 2005 - VoL t5-12 
·" 

DEPARTllENT OF ENVIRONMENTAL QUAUTY Docket No. 58-0101-otit1e 


Rulestw the ConIrol ofAkPoUutIon In kMho PendIng Rule 


• Transfers by Revision. A TIer IT permit mAY be transferred to a new owner or o,uerator in 

accordance with Subsection 4Q4JH. L-l 

IIa Automatic Transfers. Any Tier IT permit. with or without transfer prohibition IanPlIe. lIllY be 

automatically tragsferml if L-l 

i. The cum:gt permittee notifies the Department at least thirtY (30,) day. in advance of the Pl'QllOsed 

transfer date; L-l 

Idallo Adml ....tradve BaUetfa Pap 105 December 7, 2005 - VoL 05-12