View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
H0230......................................................by STATE AFFAIRS
AIR POLLUTION - Amends existing law to clarify that certain air quality
rules and permit requirements can be no more stringent than those provided
by the federal government.
02/16 House intro - 1st rdg - to printing
02/17 Rpt prt - to Env
02/25 Rpt out - rec d/p - to 2nd rdg
02/28 2nd rdg - to 3rd rdg
03/04 3rd rdg - PASSED - 53-13-4
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Bolz, Bradford, Cannon,
Chadderdon, Clark, Collins, Deal, Denney, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henderson,
Jones, Kemp, Lake, Mathews, McGeachin, McKague, Miller, Moyle,
Nielsen, Nonini, Raybould, Ring, Roberts, Rydalch, Sali, Shepherd(2),
Shepherd(8), Shirley, Skippen, Smith(24), Smylie, Snodgrass,
Stevenson, Wills, Wood
NAYS -- Boe, Henbest, Jaquet, LeFavour, Martinez, Mitchell,
Pasley-Stuart, Pence, Ringo, Rusche, Sayler, Smith(30), Trail
Absent and excused -- Crow, Loertscher, Schaefer, Mr. Speaker
Floor Sponsor - Edmunson
Title apvd - to Senate
03/07 Senate intro - 1st rdg - to Health/Wel
03/18 Rpt out - rec d/p - to 2nd rdg
03/21 2nd rdg - to 3rd rdg
03/31 3rd rdg - PASSED - 25-9-1
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burtenshaw,
Cameron, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hill, Jorgenson, Keough, Little, Lodge, McGee, McKenzie,
Richardson, Stegner, Sweet, Williams
NAYS -- Burkett, Coiner, Kelly, Langhorst, Malepeai, Marley,
Schroeder, Stennett, Werk
Absent and excused -- Pearce
Floor Sponsor - McGee
Title apvd - to House
03/31 To enrol - Rpt enrol - Sp signed
04/01 Pres signed
04/04 To Governor
04/06 Governor signed
Session Law Chapter 292
Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 230
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO AIR QUALITY; PROVIDING A STATEMENT OF LEGISLATIVE INTENT; AMEND-
3 ING SECTION 39-115, IDAHO CODE, TO REVISE PERMIT REQUIREMENTS FOR ANY
4 MAJOR OR MINOR AIR POLLUTION SOURCE IN IDAHO, TO PROVIDE RULES, TO PROVIDE
5 STRINGENCY, TO DEFINE TERMS AND TO PROVIDE APPLICATION TO FUGITIVE EMIS-
6 SIONS.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. STATEMENT OF LEGISLATIVE INTENT. The definition of "regulated
9 air pollutant" for purposes of determining whether permit to construct or per-
10 mit to operate requirements apply, was intended to comply with but not exceed
11 federal clean air act requirements. The Legislature intends that the Depart-
12 ment of Environmental Quality uniformly apply Idaho law in an effort to con-
13 form with but not differ from federal definitions of regulated air pollutants.
14 Nevertheless, the United States District Court for Idaho has applied portions
15 of rules of the Department of Environmental Quality for air pollution in a
16 manner which substantially exceeds federal requirements. This act is meant to
17 clarify that Idaho law in this regard has always been intended to comply with
18 but not exceed federal law and should not be construed as a change in the law,
19 but rather a clarification of what the existing law has consistently meant.
20 SECTION 2. That Section 39-115, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 39-115. POLLUTION SOURCE PERMITS.
23 (1) (a) The director shall have the authority to issue pollution source
24 permits in compliance with rules established hereunder.
25 (b) To determine the applicability of permit requirements for any major
26 or minor air pollution source in Idaho, the department shall develop and
27 recommend to the board for adoption, rules that define "regulated air pol-
28 lutant" as follows:
29 (i) For purposes of a major source permit to operate issued or mod-
30 ified by the department in accordance with title V of the federal
31 clean air act amendments of 1990, "regulated air pollutant" shall
32 have the same meaning as in title V of the federal clean air act
33 amendments of 1990, and any applicable federal regulations promul-
34 gated pursuant to title V of the federal clean air act amendments of
35 1990;
36 (ii) For purposes of any other operating permit issued or modified
37 by the department, the federal definition of "regulated air pollut-
38 ant" as defined in subsection (1)(b)(i) of this section shall also
39 apply;
40 (iii) For purposes of any permit to construct issued or modified by
41 the department pursuant to part D of subchapter I of the federal
42 clean air act, "regulated air pollutant" shall mean those air
2
1 contaminants that are regulated pursuant to part D of subchapter I of
2 the federal clean air act and applicable federal regulations promul-
3 gated pursuant to part D of subchapter I of the federal clean air
4 act; and
5 (iv) For purposes of any other major or minor permit to construct
6 issued or modified by the department, "regulated air pollutant" shall
7 mean those air contaminants that are regulated pursuant to part C of
8 subchapter I of the federal clean air act and any applicable federal
9 regulations promulgated pursuant to part C of subchapter I of the
10 federal clean air act.
11 (c) To determine the applicability of any permit to construct or permit
12 to operate requirement to any air pollution source in Idaho, fugitive
13 emissions shall not be included in any applicability calculation, unless
14 expressly required by 42 U.S.C. section 7401 et seq. The director shall
15 develop and the board shall adopt rules that provide that, for both major
16 and minor source permit applicability determinations, fugitive emissions
17 shall be included only as expressly required by federal law.
18 (d) The director shall develop and recommend to the board for adoption
19 through rulemaking, criteria to determine insignificant activities and
20 such sources or modification with emissions at or below the de minimis
21 level which shall not require either a permit to construct or a permit to
22 operate; provided however, that a registration of the activities or
23 sources may be required.
24 (2) The director shall have the authority to sue in competent courts to
25 enjoin any threatened or continuing:
26 (a) Violations of pollution source permits or conditions thereof without
27 the necessity of a prior revocation of the permit; or
28 (b) Construction of an industrial or commercial air pollution source
29 without a permit required under this chapter or rules adopted hereunder.
30 (3) The department is authorized to charge and collect a fee for process-
31 ing applications for industrial or commercial air pollution source permits in
32 accordance with a fee schedule established by the board pursuant to this
33 chapter. For fees charged for operating permits under title V of the federal
34 clean air act amendments of 1990, the department shall not charge a fee on any
35 hazardous air pollutant other than those listed under section 112 of the fed-
36 eral clean air act. The fee schedule shall be structured to provide an incen-
37 tive for emission reduction.
38 (4) The director may issue air emission source permits to construct a
39 facility to incinerate any waste or waste item contaminated with
40 polychlorinated biphenyls (PCBs) only if the director finds:
41 (a) The facility will not be sited in complex valley terrain where the
42 valley floor is less than five (5) miles wide and the valley walls rise
43 more than one thousand (1,000) feet;
44 (b) The facility has complied with local planning and zoning require-
45 ments;
46 (c) There has been an opportunity for public participation; and
47 (d) The facility will employ best available technology and instrumenta-
48 tion.
49 Subsection (4) of this section shall not apply to incineration activities
50 existing on or before January 1, 1987.
STATEMENT OF PURPOSE
RS 15004
Under Idaho law, air pollution source permits are to be
issued in conformity with federal programs established under the
Clean Air Act. Recently, the U.S. District Court for the
District of Idaho interpreted portions of the Idaho air rules in
a manner which exceeds federal requirements. This legislation
requires the Department of Environmental Quality to adopt rules
that conform the state law to the Clean Air Act (and its
regulations) with respect to the scope of "regulated air
pollutants" included for pollution source permit applicability.
The air contaminants included in determining whether
pollution source construction or operating permit requirements
apply for programs administered by the Department must be
consistent with, and no more stringent than, the air contaminants
included for such permitting determinations under the Clean Air
Act and its regulations. Further, the legislation conforms state
law to the federal Clean Air Act and regulations so fugitive
emissions are not included in calculations to determine the
applicability of construction or operating permit requirements
unless expressly designated under the Clean Air Act by the EPA
Administrator.
FISCAL NOTE
There should be no fiscal impact as this clarifies that the
permitting requirements DEQ has used traditionally are correct.
Not passing this legislation (or something similar) will cause a
significant increase in permitting costs at DEQ.
Contact
Name: Mr. Dick Rush
Phone: 208-343-1849
STATEMENT OF PURPOSE/FISCAL NOTE H 230