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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