# -- STATE OF IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY

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

### fECElVED 

### MAY 

### 1;' ,DOli May 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/-e

### If 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 forthe Control 

### ofAir Pollution in Idaho, IDAPA 58.01.01. DEQ is seeking Environmental Protection Agency (EPA) approval 

### ofthe following revisions as an update to the contents 

### ofthe 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 of Modification, which refers to "state onlytoxic airpollutant, " ;s not

### to be inaluded in the Idaho SIP. The revision 

### to this subsection is includedin this submittalonlyforEPA infotmation in approving changes 

### to the remainderof Section 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 ofthe federal Clean Air

### Act and applicable federal regulations. None 

### ofthe 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 willMichael 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

# o 1..()4()1 - Pennit 

### to Construct Exemptions Docket 58-0101-0402
- Annual Incorporation by Reference (2004) 

### If you or your staff have questions concerning any 

### ofthese 

### 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, DEQSTATE 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 ofAir Pollution in Idaho (Air Rules), IDAPA 58.01.01', as edited in the attachments, as a revision to Appendix A.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 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 FORTHE CONTROL OF AIR POLLunON IN IDAHO DOCKET NO. 58-0101-0508 NonCE OF RULEMAKING • 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. DepartmentofEnvironmental QuaUty Conference Center 1410 N. HUton, Boise, Idaho. The hearing site(s) will be accessible topersons 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 toprovide 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 ofthe rule has been developed by DEQ in conjunction with a negotiating committee made up ofpersons having an interest in the development ofthis rule. Both major and minor sources ofair pollution may be interested in participating in this rulemaking. Special interest groups, public officials, or members ofthe public who have 

### an interest in the regulation ofairemissions from sources in Idaho may also wish to submit comments on this proposed rule. Theproposed rule text is in legislative formaL Langua,ethe 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 ofpublic comments, DEQ intends to present the final proposal to the Board ofEnvironmental 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 bythe Legislature. IDAHO CODE SECTION 39-107D STATEMENT: This proposed rule does not regulate 

### an activity not regulated by the federal government, nor is itbroader in scope ormore 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 ofthe 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. 58-0I01-040I.

. 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 receivedby the undersigned on orbefore September 7, 2005.
DATED this lst day ofJuly. 2005.
Idabo Administrative Bulletin P.e350 August 3, 2005

- Vol. 05-8.<".



# -. DEPARTMENT

### OF ENVIRONMENTAL QUAUTY 

### DocketNo. 58-0101-0506 

### Ruin forthe 

### Controlof

### AirPollution 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 haveno 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 ifa 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 orraw material and use ofsuch fuel orraw material is not specifically prohibited in a permit. (4-5-00) 

## S"bsections 006.57thro"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 ofnatural conditions that reduce visibility. (4-5-00)
e. This term 

## 90eS not include affects on integral vistas. (4-5-00)

Idallo Administrative Bullett. Page351 August3, 2005

- VoL 05-8

### DEPARTMENTOF 

### 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 orthe fonnulation ofany agricultural chemical 

### listed in Sections S8S or586. (5-1-94) 

### A Buellpc Actull Emlglop. The 

### rate ofemissions. in tons per year, ofa 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 unitIJCtually emittedthe replated airpollutant 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.. TheaveralW 

### rate shall be i!4justed 

### downward to exclude anY non-compliant emissions thatoccurred 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 differentconsecutive tweoty-four (24) month periodCan 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 (otherthan 

## 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,vemtorbeaios 

### actual construction of

### the project. or the 

### date a complete permit II1Plication is received by the Director for a permitreq.uired 

### under these ru1ea, whichever is earlier, 

### excep that theten (10) year period shall notinclude 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. andmalfunctions. 

## 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 durinI 

### the consecutive twenty-four (24) mooth period; however. if

## an emission limitation is part oCa 

### standard or

### otherrequirement 

### 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 ormaintenance 

### 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 airpollutant 

### 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

### DEPARTMENTOFENVIRONMENTAL QUAUTY Docket

### No. 5&-0101-0_ Rules 

### fwthe 

### Contlol

### ofAirPollution In Idaho ProposedRulemaJdIlfl requiredby 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 ofsuch 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. 

### thebaseline 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 ofairpollution 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, orofachieving 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 ofa 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" IIdWIJemissitma ForPllIPoses ofSections 204 

### and 205. a netemissions increase 

### shall be defined by

### the federal relPdations ilJCOIPOrated by reference. 

### For pWllOses ofSection 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 ifit occurs between the date five (5) years bef'ore the commencement ofconstruction ormodification on theparticular chaage and the date that the increase from theparticular 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 orpennitted source is not included in the calculation ofthe net emissions increase for a proposed new source ormodification if: (5-1-95) i. The already operating orpermitted source commenced construction ormodification priorto July 1, 1995; or (5-1-95) ii.

.Theuncontrolled emission rate from the already operating orpermitted source is ten 

### per cent (l00"{) or less ofthe applicable screening emissions level listed in Section 585 or586; 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

### DEPARTMENTOF 

### ENVIRONMENTAL QUAUTY 

### Docket

### No. 5U101-tJ5tHJ Rulea 

### foI' the 

### Control 01 

### AI, 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 Jlotproduce products that are offered for sale except in developmental quantities. (5-1-94) 

### 11. 

## Pmleetcd Actual 

### 1

... -',

.. The 

### maximum annual 

### rate. in tons peryear. at 

### which an existinl emissions unit is 

### prqiected to emit a 

## reauJated air pollutant in anyone (1) ofthe fiye (5) years (twelye (12) month period) followina 

### the date 

### the unit 

### resumes replar o,peration 

### after 

### the project or in anyone (1) ofthe ten (10) 

### yean followinl 

### that date. ifthe prqiecl involves increasinl 

### the emissions unit's desip capacity or 

### its potential to emit that replated air pollutant and full utilization ofthe 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 

## owneror Qperator Qfthe statiQlWY 

### source: 

### L-l i. Shall consider 

### aU relevant information incl"diol. butnot limited to. historical operational 

### data. the cQlnpany's 

## own n;presentatioDII. 

### the company's expected business activity 

### and the company's hi_tprojectKmS 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 particularproject, 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 standardby the required date. (4-5-00) 

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

### a 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 beconstructed 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 ofa 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)

IdahoAdministrative BaDedn Page 354 Augult3, 2005

- Vol.**O~**DEPARTMENT

### OF ENVIRONMENTAL QUAUTY Docket 

### No. 58-0101..0506 

### Rules ""the Control

### ofAIrPollution In Idaho Propoaed Rulemaklng**l~.** Tom AIr PoDutaDt ReuoDably Available Control TechnolotD' (T-RAC1). An emission standard based on the lowest emission oftoxic air pollutants that a particular source is capable ofmeeting 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, orcombination thereof. (5-1-94)**l~.** VlslbUlty Impairment. Any humanly perceptible change in visibility (visual range, contrast, coloration) from that which wouldhave existed under natural conditions. (4-5-00) (BREAKIN 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 ofits 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. ordenial ofthe 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, proposedconditional approval, orproposed 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 ormajor modification, any new facility ormodification whichwould 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 tobe made in writing tothe 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, or notice ofpublic hearing if one is

Idabo Administrative Bullett. Page 355 August3, 1005

- Vol. 05-8

### DEPARTMENTOF 

### ENVIRONMENTAL OUAUTY 

### Dock., No. 

### 51-0101..,. Rules b ",. Conl1ol of 

## A" Pollution In Idaho 

### Proposed Rulemaklng requested under Subsections 209.02.b-iv. or 209.02.a.ii., unless the Dim:tordeems that additional time is required to evaluate comments and infonnation received, the Department shall notify the applicant in writing of approval, conditional approval, ordenial 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 pennitwill 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 airpollutant. (4-6--05) i. The public notice issued pursuant to Subsection 209.01.c.iL shall indicate the degree ofincrement consumption that is expected from the new major facility ormajormodification; 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 ofthe 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 constructorwithin fourteen (14) days priorto the end ofthe commentperiod. 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 Managerwithin 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 sentto 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 ofthe 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 ofthe legal notice ofthe proposed pennitto construct orwithin fourteen (14) days priorto theendofthe commentperiod, whichever is later. (3-23-98)
v. The notice ofpublic hearing. ifrequired, 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 pursuantto 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 anadverse impactuponthe air quality relatedvalues (including visibility) ofanyfederal mandatory Class I area, the Director may deny the application notwithstanding the fact that the concentrations of regulated airpollutants would not exceedthe maximum allowable increases for a Class I area. (4-5-00)

Idaho Administrative Bulletin Page3S6 August3, 2005

- Vol. 0s.8" 

# -, DEPARTMENTOF ENVIRONMENTAL QUAUTY**Dock.tNo.~101~e** Rules for

### the Control of AIrPollution In Idaho 

### ProposedRulem.klng 03., Eatabllshlnl A Good Enpaeertnl Stack Height. The Department will notify the public ofthe availability ofany fluid model or field study used to establish a good engineeringpractice stack height andprovide an opportunity for a public hearing before issuing a permit or setting an emission standard basedthereon. (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 ofSubsections 209.01.c., 209.02.a.• and 209.02.b., shall only apply ifthe 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 209.0La. and 209.0Lb. (5-1-94) ii. The owner oroperator may construct the source afterpermit 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 orconditions 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) ofthe 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) ofTitle I ofthe 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 operatingpermit. or Tier I operating permit modification, in which case: (4-5-00) i. Completeness ofthe application shall be determined within thirty (30) days. (5-1-94) ii. The Department shall prepare a proposed permit to construct ordenial 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 otherwiseprovidedby these rules, the Department shan prepare and issue to the owner or operator a fInal permit to construct ordenial within fifteen (IS) days ofthe close ofthe 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. 05-8DEPARTMENTOF 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 theproposed 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. Theowner or operator may operate the source after pennit to construct issuance so long as 

### it does not violate any terms orconditions ofthe existing Tier I operatingpennit and complies with Subsection 380.02; or

. (4-5-00)
Co Submit all infonnation required by Sections 200through 219 for a pennitto construct and Sections 300 through 381 for a Tier I operating pennit, orTier I operating pennitmodification, in which case: (4-5-00) i. Completeness ofthe application shallbe determined within thirty (30) days. ii. The Department shaU..,repare a draft pennit to construct ordenial 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 proposedpermit to construct ordenial 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 ifthe draft pennit or denial is revised in response to public comment or affected state review, the Department must send the revisedproposedpennit to construct or denial to EPA for review in accordance with Section 366. (4-5-00)
v. Except

### as otherwiseprovidedby these rules, the Department shallprepare andissue 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 afterpennit to construct issuance or in accordance with Subsection 213.02.c. (4-5-00) vi. Thepermittee 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 ofthe 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 ofthe proposed transfer date: 

### L-l

# containin~ a

# dateJ:tr:::: 

# ::=i**=ieYf::=~O:~1e~~i::'s=tJ::=** and certification that

### the prqposedpermittee

### 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 theproposed

### penni"ee within thirty (3Q) days ofrecejptof

### the notice of

### the Dqlartment's determination that

### the permit

### mustbe 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"

DEPARTMENTOF ENVIRONMENTAL QUAUTY Docket

### No. 5U101-D5DI Rula for

### the ConfrolofAirPollution In Idaho 

### PI'fIP"ec/RulemaklllfJ 

### described in Subsection 209.06.b,ji. (BREAKIN 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 orwhether 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 ofthe approval, conditional approval, ordenial ofthe 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, orproposed 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 ofthe 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 tobe 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 theDirector deems that additional time is required to evaluate comments and information received, the Department shall notify the applicant in writing ofapproval, conditional approval, ordenial 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 Subsection401.03. (5-1-94)

Idaho AdmlDlstradve BaOedn Page3S9 Augult 3, 1005

- Vol. 

## ow

### DEPARTMENTOF 

### ENVIRONMENTAL QUALITY DocketNo. 58-0101-tJ506 

### RuIM

### 101'

### tIHJ ControlofAirPollution 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 ofthe 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 ofsuch 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 ifthe proposed permittee files a request therefor with the Department within ten (10) days ofreceipt ofthe notification, orifthe Director detennines that there is good cause to hold a hearing. (5-1-94) do After consideration ofcomments 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 ofthe comment period or hearing. At this time the Director may adopt the entire Tier II operating permit as originally proposed or any part ormodification 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 ofthe availability ofany fluid model orfield study used to establish a good engineering practice stack height andprovide an opportunity for a public hearing before issuing a pennit or setting emission standard based thereon. (5-1-94) 04. PermitRevision orRenewal. The Directormay approve a revision ofany Tier II operating permit or renewal ofany Tier 

## n operating permit provided the stationary 

### source or facility continues to meet all applicable requirements ofSections 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 ifdeemed appropriate by the Director. Renewed Tier IIoperating 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 ifthe 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 ofTier IIPermit. 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 ofthe prQPOsed transfer date; 

### L-J. ii. The notice provides written 

### documentation silPled by the current and proposed permittees containina a date fOr mafer ofpermit responsibility. desilPlatioo ofthe 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. 05-8DEPARTMENTOF ENVIRONMENTAL QUAUTY**DocketNo.5~101~** Rules forthe Control of AirPollution In Idaho 

### Proposed RU#emaklng

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

## ByCyanidation

,... 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 

# ofAitPollution in 

## Idaho
- 

# A':a-. tlM" 

# I £L( The Department ofEnvironmental Quality submits notice of proposed rulemaking at IDAPA 58.01.01

- Rulesfor the Control ofAirPollution in Idaho. According to the 

## Department, negotiatedrulemaldng 

## 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 pennitprograms and 

## to adopt 

## rules that are consistentwith the Clean AirAct and its implementing regulations in regard to 

## the permit applicability treatment offugitive emission. The Department also indicates that all major and non-major sources of

## airpollution 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 ofMPollution 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 ofthe rule is to update various citations to the federal regulations 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 

## proposed rule appears to 

### be 

## authorized by 

## Sections 39-105 and 

## 39-107, Idaho 

## Code. The Departmentconfirms that 

## the rule docs not regulate an activity notregulated by the federal government, nor is itbroader 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-fjt4A

**r/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 

## lastyearitrevised its major permitting 

## program due to 

## changes in federal law and 

## this particularrule 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 

# n operating 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 Departmentconfirms that 

## the rule does 

## not regulate an activity not regulated by 

## the federal government, nor

## is itbroader in 

## scope or more stringentthan 

## fedcrallaw or regulations. 4. IDAPA 58,01.05

.. Rules 

## and Stapdards 

## for H'7J! r

## dous Waste The Department submits notice ofaproposed 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 

## itto adopt 

## amendments to 

## federal law 

## as proposed. The Department confirms that 

## the rule does notregulate an activity not regulated by 

## the federal government, nor is itbroader 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 

## proposedrule at

### IDAP

## A 58.01.13

.. 

## Rules for Ore

## Processing By Cyanidation. Thetemporary rule will be 

## effective July 13, 

## 2005. According to the Department, the rule is 

## beingrevised based 

## onlegislation'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 withthe Department ofLands, 

## was directed 

## to 

## promulgaterules implementing the provisions ofthe legislation by 

## August**1~** 

## 2005. Negotiated rulemaking 

## was conducted with interestedparties 

## as wen as the 

## Department of

## Lands. 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. Theproposed rule appears to be 

## authorized by Chapter 1, 

## Title 39, 

## Idaho Code. The

. DepartmeDt state. thatthe rule makes revisioBl to a curreDt existiolrule that regulates aD activity Dot regulated 

### by the fedenilovernmeDt.**However~** 

### the LegIslature directed the DepartmeDt

## to proDlallatetemporary rules to implemeDt the provision. 

### by August 

### 1, 2005, aDd, couequently, tile DepartmeDthas dODe soto meet the directive. 

## 6. IDAPA 58.01.17

- Wastewater-Land 

## APPlication Pennit Rules
Page 3 of 5

# - The Department ofEnvironmental 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 

## andtemporary 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 Breclaimed wastewater 

## may betoo 

## strict. The 

## name ofthe rules is

## being changed to 

## reflect the desire ofthe 

## Department and stakeholders to go beyondjust 

## 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 Departmentindiates thatthe rule regulates an activity not regulated by thefederal govenunent and sets forth within 

### its Notice ofRulemakiDg requisite additional information punuantto the provisions ofSubseetlons 

### (3) and (4) ofSeedon 

### 39-107D, Idaho Code,for review by the eoDUDittees. TheDepartJDent states that the requirements setforth in the proPOled rule arebased upon ltudies and analysis 

### condueted by otherstates, theU.S. Environmental Protection Agency, and national waterreuse organizations thatindicate the requirements areprotective ofhuman health and the environment and do notpose an unreasonable ritlktothe pubUe potentially uposed. 

### According tothe DepartJDent, the studies and analysis 

## will be 

### included intherulemaklngrecord and can bereviewed 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 

## aNotice ofNegotiated Rulemaldng was published butno 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 oran opportunity for

## public commentduring the wastewater 

## land application permitting process, although the Departmenthas been 

## doing 

## so. The purpose oftherule is to 

## set outthe public participationprovisions 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 orderto maintain the 180 

### day pennitting schedule, the numberof days allowed for the directorto 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 orsupplement 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 Sectionprovides, in part, 

### that "any rule fonnulated and

### recommended by the 

### department to the board 

### which is broader in scope ormore stringent than 

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

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

### the section. The Departmentmaintains that the 

### provisions ofSection 39-1070, 

### Idaho Code, do not apply to the proposedrule 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 ormore stringentthan 

### 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 notpropose to expand

### aregulatory program to an area or activity notregulated by the federal government. The 

### Departmentclarifies, 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 existingprogram 

## does regulate activities not regulated by 

### the federal government. The DeparDDent adds 

### that the Wastewater-Land Application PermitRules 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 notpropose any 

## standardsrelating to human health orthe environment, 

### but simplypublic participation provisions. The 

### committees may considerthat 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 14,2005.


### cc: Department ofEnvironmental Quality PaulaJ. 

## WDson Martin Bauer 

### John Brueck JobnLawson Mark

### Mason Rick Huddleston Page 5 of 5

### .~ 

# SKIN-IN ........... 

# POll 

# F.Auc H.· ..... Rua.for the Control 

### of

### AJr Pollution 

### In IdIIho
LOCATION: Depwtment

### of EnvIronmental Quality 

### ConfInnce

### CerIt8r. 1410 N. Hilton

....... 1dIIho DATE: September7.2001


### NAME (PLEASE 

### PRINT) 

### MAILING ADDRESS 

# _l-.·I.c..**¥.i!tI-A~ftj**

, Ik

# ~rlL

# It:v~<<. 

# Ii" ORGANIZATION REPRBSENTKD (J:F ANY)



# ...­


# • Do you. 

## cab. to**c~=t.** OIl Docket. IJO. 

### 58-0101-0503 

# 1-lo 1"0 Do you. 

## cab. to ce ant. OIl DoaJaIt. IJO. 

### 58-0101-0505 

# Nfl tJl) Do you. 

## cab. to c.14 nt. OIl Doaket.

... 

### 58-0101-050' 

# tJ., 

# No

, 

# , J I

# ( CERTIFICATE OF HEARING
SUBJECT: Rules for the Control 

## ofAir 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 ofAir Pollution in Idaho atthe DEQ conference center in 

## BoI88, Idaho. The hearing commenced 

# at 4 p.m. and was adjourned at 

## 4**~** 

## 30 p.m. Members 

## ofthe 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 

## ofSeptember. 

## 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 forComment: 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

-.

# RECElvea 

# Legislative Services Office 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 ofadministrative rules have reviewed the proposed changes to the Department 

### of Environmental Quality rules: IDAPA 

### 58.01.01 Rul. for Control 

### ofAir Pollution In IdahoiDefines "Regulated Air Pollutant" (Docket

### #58.Q1 01-0503) 58.01.01 Rules for Control 

### ofAir Pollution In IdaholUpdatal Citations

## to Federal

.-. 

### Regulations (Docket 

### 158-0101-0505) 58.01.01 Rul. for Control 

### ofAir Pollution In IdaholProvld.Consistency between 

### Major 

### & MinorAirQuality Permitting Programs (Docket

## t68­ 0101-0l0I) 58.01.05 Rules 

### & Standards 

### for Hazardous W.te (Docket 

## 118-0101-0801) .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**~on** 

### PennH RuleelPublic Participation Provisions 

### (Docket 1,7-0502) , No meeting will 

### be held, and we are pleased to report that no objections will 

### be filed. 

# ;ratv yours.
. 

# Kdlan'::::G1**~** Principal Legal Analy{( 

# 0 KAGlca 

# \. Mike 

### NUlent, Supervisor JeffYoutz, 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 StileCapitol 

### DiJector 

# JUl , 32005 P.O. Box 

### 83720 Oftlce 

### ofthe 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 EnvironmentCommittee 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 ofAirPollution in Idaho IDAPA 

## 58.01.01 •Rules

# for the 

## Control ofAir

## Pollution in Idaho 

# -. IDAPA 

## 58.01.01 • Rules for the 

## Control ofAirPollution 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-LandApplication Permit Rules
I. 

# IDAPA 58,01.01 •

## Rules for

# the CoutroI WAir Pollution in Idaho 

## The Department 

## ofEnviroam.ental Quality 

## submits notice of proposed rulemaldng at 

## IDAPA 58.01.01· 

## Rules forthe 

## Control ofAir

## Pollution in Idaho. AeaJrding to 

## the 

## Department, negotiated rulemaking 

## was conducted in developing the rule, the 

## purpose ofwhich is to 

### fWfill 

## a numberofrequirements stemming from legislation passed 

## during the 

## 2005 legislative session. Specifically, the Department notes that 

## HB 230 and 

## SB 1228 

## require the 

## Department to adoptrules defining the term 

## "regulated air

## pollutant" as it applies to 

## various Clean Air

## Act permitto 

## cons1rUct and operating permitprograms and 

## to adopt rules that 

## are consistentwiththe 

## Clean Air Act and 

## ita implementing regulations 

## inregard 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 JeffYoua:, 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 

## DepartmentofEnvironmental Quality submits 

## notice ofproposedrulemaking at IDAP

## A 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 

## PermitProgram, to 

## include those revised as 

## ofJuly 1,2005, 

## as well as to 

## correct a specific reference. ' The**propo~rule** 

## appears to 

## be 

## authorizedby 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 

## itbroader in

## scope ormore stringentthan 

## federal law orregulations.
3. IDAPA 58.01

# .ot

-Rules 

## for

# the Control 

## ofMPollution in

## Idaho

. The 

## Departm.ofEnvirQnmental Quality submits 

## notice'ofproposed rulemaking at 

## IDAP

## A58.01.01
- 

## Rules 

## for the 

## Control ofAir Pollution in 

## Idaho.

. According to 

## the 

## Department. 

## nesotiatedrulemaldng 

## was conducted in

## developing the 

## rule. The Department states 

## that last 

## it revised its 

## major permitting 

## program due to changes 

## in federal law 

## and tbiiparticular

## 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 ofpermitto 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 

## submitcomments. The 

## proposedrule 

## aPpears to 

## be 

## authorized by 

## Sections 39-105 

## and 39-107, 

## Idaho Code. The Department 

## confirms that

## the rule does 

## notreauIate an 

## activity not regulated by the 

## federal 

## government, noris itbroader in scope ormore stringentthan federal law orreauIations. 4. mAPA S8.01.OS

- 

## Rules and 

## Standards for HmrdquSWaste 

## The Department submits 

## notice ofaproposed 

## rule at 

## IDAP

## A 58.01.05
- 

## Rules and 

## Page 2

## of 

## 5 ('" "

,I' "0



## \.

## Standards for Hazardous Waste. 

## Accordinato the Department, the 

## rule is 

## updated 

## aonually to 

## maintain coasistency 

## with the 

## U.S. 

## Environmental Protection AaCDfJY'S 

## federal 

## replations implcmentinathe Resource Conservation 

## aDd Recovery Act as 

## directed by 

## the Idaho Hazardous Waste MaoaaementAct. 

## The 

## Department continues 

## tbItIdaho 

## 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

## proaramprimacy. 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 incorporatedby 

## reference 

## to include 

## revisions made 

## as ofJuly 

## 1. 2OOS. The proposedrule 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 CPR271.21 (e) require 

## it

## to adopt 

## amendments 

## to federal law as proposed. The Departmentconfirms that 

## the rule does 

## notregulate an 

## activity not regulated by 

## the 

## federal government, nor is 

## it broader in scope 

## or more stringentthan 

## federal law orregulations. 

## s. 

# IDAPA 58,01.13

- Rules 

## for Ore 

# Processin& By Cyanjdgtion The 

## Department submits 

## notice ofatemporary 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 sessionrelatiD.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 

## promulgaterules implementing the 

## provisions ofthe 

## legislation by

## August 1, 

## 2OOS. Neaotiatedrulemlkina was conducted with 

## interested 

## parties as wen as the 

## DepartmentofLands. 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 onthe 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 currentemtinlrule that replates an activity not replated 

## by 

## the federailoverumenL However, the Lepalature directed the Department to promulpte temporary rules to implement the provision. by 

## AupstI, 1005, and, consequently, the DepartmeDt hudODe so to 

## meetthe directive. 6. IPAPA 58.01.11

- Wastewater-Land &mlication 

## PermitRules
Page 3 

## of 5

## The 

## Department ofEnvironmental Quality 

## submits notice ofproposed 

## rulcmaking at 

## IDAPA S8.01.17
- 

## Wastewater-Land AppHcation PermitRules. Following public comment, 

# ( \, 

## however,. the 

## Department intends to present

## the 

## final proposal 

## to the Board 

## for adoption ofa 

## pendin, andtemporary 

## 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 

## otherrequirements 

## for the 

## various classes ofmunicipal reclaimed wastewater, to 

## add and 

## clarify various definitions, and 

## to change the name 

## ofthe 

## rules. The 

## Department adds thatthe 

## rulemaking is necessary

## because it has 

## detamin.ed that 

## the existing waterquality limits 

## and otherrequirements for 

## Class A and 

## Class Breclaimed wastewater

## may be too strict. 

## The 

## name ofthe 

## lUIes is being 

## changecl to reflectthe 

## desire 

## ofthe 

## Dep8rtment and 

## stakeholders to 

## aobcyondjust land application ofwastewater inthe 

## field of

## reuse, land 

## applicationbeing 

## asubset 

## ofthe 

## broader 

## scope ofrec1aimed wastewater

## reuse. Anumberofother ''housecleanina'' changes have been 

## made. The 

## Departmentnotes 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 

## proposedlUIe appears 

## to be authorized by

## Chapter 

## 1, 

## Title 39, Idaho 

## Code. The 

## DepartDtent ladlcat

..that the nle

## replatesaD activity Dot

## replated by

## theledenl govenmaeDt aDd _IorthwithiD ita 

## Notiee 01RaJemlldDI requisite 

## addltloDal lalonaatioD punuaDtto 

## theprovilioDl 01SUblectiODl (3) 

## aDd (4) 01 SectiOD 39-107D, Idaho Code, for

. 

## reritnr by 

## tile eoDUllitt

....TIle DepartJDeDtltatea that tile requiremeDtslet forth ill 

## tile proposed rule 

## arebuedUpOD ltudl

.. aad aaalylil 

## eoDdueted by

## otherltates, the

# U.s. EDvIro

....eDtaI ProtectioD Apaq,aDd DatioD"waterreue o.....fzatioDl thatiIIdicate

## tile requirements areprotective olllumaD llea1tJa aDd tile eDViroDDIeDt aDd do Dot p..e aD .' UDnIIODabie rIs)(*o thepubBe poteatlally 

## apoaed. AceonUnl to 

## the DepartmeDt, tile ltudla'aDd aDalyJiI wmbe

## iDduded ill

## tile raJ_aldnlrecord aDd CaD 

## be

## reviewed duriDl the pubBe COllUDeDt period lorfurtlaer detaDed batonaatioD reprdiDlrisk. 

# 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 

## Departmentnotes that 

## aNotice of Negotiated Rulemaking was published but no 

## members ofthe 

## pubHc attended

## the meeting. The 

## Department didreceive one written 

## comment According 

## to the 

## Department, the wastewater-land applicationpermitlUIes do 

## not currently require 

## the Department to 

## providepubHc notice or III

## opportunity forpublic comment during the wastewater 

## land 

## application permittingprocess, 

## although the Department has been 

## doing so. The purpose ofthe 

## Nle is 

## to set 

## out the public participationprovisions for

## the permitting process and Page 4of 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 

## orderto 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 

## aprovision allowing for additional information orconsultation between the 

## applicant and the 

## Department 

## ifnecessary 

## to 

## clarify, modify or supplementthe 

## appUcation. The 

## Departmentnotes 

## that the 

## Idaho 

## Association ofCommerce 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 

## departmentto 

## the board 

## which is broader in 

## scope 

## ormore stringentthan 

## federal law orregulations, orproposes to 

## regulate an activity not regulated by the 

## federal govemment.
.." is 

## subjectto 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 stringentthan 

## 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 apand

## aregulatory program to 

## an area or activity notregulated by

## the federal government. The 

## Department clarifies, 

## however, that

## eventhough the rule simply changes the 

## public participationprovisions 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 subjectto 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 orthe 

## environment, but simply public participationprovisions. The 

## committees may considerthat 

### this fact distinguishes this 

## rule, interms 

## ofthe 

## applicability of the 

## provisions ofSection 39-1070, Idaho Code, from the 

## Department's proposed rule relating to ground 

### water 

## quality standards, inwhich 

### standards were 

## modified and added, 

## which 

## was the subject 

## ofour memo 'to 

## the committees ofJune 

## 14, 

## 200S. 00: 

## Department ofEnvironmental Quality PaulaJ. 

## Wilson Martin 

## Bauer 10hnBrueck 10hnLawson 

## Mark Mason RickHuddleston PageSof 

## S

## State 

## ofIdaho 

# 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 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, 88 

### pending rules, 88 

### presented in the attached 

### Final Proposal.


### /D-tz.

..

# os= Date 

### STATE 

### OF IDAHO County ofAda 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 bethe 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
Board Adoption 

## ofTemporary Rule 

# 21#.**~** -l 

# (1I,vf D

:) Legal Review of PendinglTemporary Rule Docket 

# f /Ll.r
. 

# M DirectorApproval 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 ofAjr pollution 

## in Idaho Agency 

### Contact MCI Phone: 

## Martin 

## Bauer· 373=0440 Involved: sigrHn 

## Sheet atIached
DeecltptlYe 

### Summary: 

### Lastyearthe 

### Department of 

### Environmental Quality (ilEQ) 

### revised its 

### major 

### permitting program 

### due 

## to changes in 

### faderallaw. 

### This docketrevises 

### a number

### ofdefinitions 

## 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 

### sinedie of

### the 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 I8dlldiooain 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 

## ( JCompIianca 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 

## convnentracei'ied. No change. 

### None.

007 

### DeftnlUo

.. forthe**Pu~** 

### .. of 

### SecIIona 200 

### through 228 and 400througn 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 

## commentreceived. No 

### change. 

### None

.



## ),' 

# l ',- 

### Rulemaldng and 

### Public 

### Comment

. - Page 2

## .. 

# Proposed Motions for the October 2005 c:' 

# Meeting ofthe Idaho Board of Environmental Quality
Agenda Item #11
Rules for the Control ofAir Pollution in Idaho. Docket No. 5&0101-0506
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. 58-0101-0506.

### 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:h381) 

# 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 bycon.current resolution in accordance with Idaho Code Sections 67-S224 and 67-5291. Ifthe pending**ru~** is appJOvod, amended ormodified by concum:nt resolution, the rule becomes final and eft'ective 

### upon adoption-oftho concurrent resolution or upon the date specified in the concurrentresolution. AUTHORITY: 

### Iti compliance with 

### SeCtiop 67-S224,.Idabo Code, notice is**h~by** given that the Board has 

### adopted apending rule. This action is authorized by 

### Sections 39-105 and 39-1

# rn. 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 atwww.deq.idaho.gov orbycontacting 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 proposedtext arc printed in this bulletin. 'ibecompletctextoftheproposedrule 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 itbroader in scope or more stringent than federal law 

### or regulations. IDAHO CODE SECTION 67.5114(2)(1) FISCAL IMPACT STATEMENT: Nonegltiveimpact 

### 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 atmartin.bauer@deq.idaho.gov, (208) 373-0440.
DATED this 2nd day ofNovember, 2005.

Paula J. Wilson Hearing Coordinator DeparblientofEnvironmental Quality 14)0

### N. Hilton Boise, 

### IdahO 83706-1255 (208)373-0418 Fax No. (208)373-0481 paula.wilson@deq.idaho.gov

IdahoAdmfDlltradve BuBettu 

### P •.,l03 Deeember

# 't lOGS

- VoL 0S-11

### DEPARTIIENTOF

### EIMRONIIEllTAL QUALITY

.. 

## Doc"'" No. SI-lJ101-D1Of Rules 

### for 

### tMControl of

### All'Pollution In IdItho 

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

nen

### are ......Uve cUD

......... dieproposed nile

### ten. Only 

### tIIose seedo

.. thathave eh_led 

### from tile orfalnalpfopoaed teD areprinted 

### In tllil BuDedn foUowlnl dill notice. The teD oftile propoaedrulew.. pubUsIled 

### In tile IdahoAdmfBllndve BuUetbl, 

### Vol.me**O~-8,** AugaSt 3, lOG!, pages 3SO tbrougb 361. TIlIt nilehal beea adopted u a pendialrulebydieApaey and II 

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

THE FOLLOWING IS TBJ: 

### AMENDED TEXT OFDOCKET NO. 58-01'1..0506


### SubseCtions 209.06.& tlnd209.06.b.UL
209. PROCEDURE FOR ISSUING PERMITS. 

### Iraufer 

### ofPwpu!

### ttCoutroct.


### • 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 of

### the umposed 

### tmDaCer date; 

### L-l

Subsections 404.0S.& flnd 404.tlS.b.ili.
484. PROCEDURE FOR ISSUING PERMITS.
Iraufer

## orDerII Permit.
IMoAdministrative BaDed. Pap 104 

### December 7, 2005

- VoL t5-12·"



### DEPARTllENTOF 

### ENVIRONMENTAL QUAUTY Docket

### No. 

### 58-0101-otit1e Rulestwthe 

### ConIrolof

### AkPoUutIon 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