View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
S1228................................................by JUDICIARY AND RULES
AIR QUALITY - Amends existing law (trailer bill to House Bill No. 230) to
revise permit requirements for any major or minor air pollution source in
Idaho; to define a term; and to revise stringency requirements.
03/22 Senate intro - 1st rdg - to printing
03/23 Rpt prt - to Health/Wel
Rpt out - rec d/p - to 2nd rdg
03/24 2nd rdg - to 3rd rdg
Rls susp - PASSED - 26-8-0, 1 vacancy
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burtenshaw,
Cameron, Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde,
Hill, Jorgenson, Keough, Little, Lodge, McGee, McKenzie, Pearce,
Richardson, Schroeder, Stegner, Sweet, Williams
NAYS -- Burkett, Coiner, Kelly, Langhorst, Malepeai, Marley,
Stennett, Werk
Absent and excused -- (District 21 seat vacant)
Floor Sponsor - McGee
Title apvd - to House
03/28 House intro - 1st rdg - to Env
03/29 Rpt out - rec d/p - to 2nd rdg
03/30 2nd rdg - to 3rd rdg
Rls susp - PASSED - 66-0-4
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bell,
Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Field(18),
Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Jones,
Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin,
McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart,
Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler,
Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
Smith(24), Smylie, Snodgrass, Trail, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Bedke, Eskridge, Stevenson, Wills
Floor Sponsor - Bastian
Title apvd - to Senate
03/30 To enrol - Rpt enrol - Pres signed
03/31 Sp signed - To Governor
04/06 Governor signed
Session Law Chapter 324
Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1228
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO AIR QUALITY; AMENDING SECTION 39-115, IDAHO CODE, AS AMENDED BY
3 SECTION 2, HOUSE BILL NO. 230, ENACTED BY THE FIRST REGULAR SESSION OF THE
4 FIFTY-EIGHTH IDAHO LEGISLATURE, TO REVISE PERMIT REQUIREMENTS FOR ANY
5 MAJOR OR MINOR AIR POLLUTION SOURCE IN IDAHO, TO DEFINE A TERM AND TO
6 REVISE STRINGENCY.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 39-115, Idaho Code, as amended by Section 2,
9 House Bill No. 230, enacted by the First Regular Session of the Fifty-eighth
10 Idaho Legislature, be, and the same is hereby amended to read as follows:
11 39-115. POLLUTION SOURCE PERMITS.
12 (1) (a) The director shall have the authority to issue pollution source
13 permits in compliance with rules established hereunder.
14 (b) To determine the applicability of permit requirements for any major
15 or minor air pollution source in Idaho, the department shall develop and
16 recommend to the board for adoption, rules that define "regulated air pol-
17 lutant" as follows:
18 (i) For purposes of a major source permit to operate issued or mod-
19 ified by the department in accordance with title V of the federal
20 clean air act amendments of 1990, "regulated air pollutant" shall
21 have the same meaning as in title V of the federal clean air act
22 amendments of 1990, and any applicable federal regulations promul-
23 gated pursuant to title V of the federal clean air act amendments of
24 1990;
25 (ii) For purposes of any other operating permit issued or modified
26 by the department, the federal definition of "regulated air pollut-
27 ant" as defined in subsection (1)(b)(i) of this section shall also
28 apply;
29 (iii) For purposes of any permit to construct issued or modified by
30 the department pursuant to part D of subchapter I of the federal
31 clean air act, "regulated air pollutant" shall mean those air
32 contaminants that are regulated pursuant to part D of subchapter I of
33 the federal clean air act and applicable federal regulations promul-
34 gated pursuant to part D of subchapter I of the federal clean air
35 act; and
36 (iv) For purposes of major source compliance with 42 U.S.C. section
37 7412(g) and (i)(1), "regulated air pollutant" shall mean those air
38 contaminants that are listed pursuant to 42 U.S.C. section 7412(b);
39 and
40 (v) For purposes of any other major or minor permit to construct
41 issued or modified by the department, "regulated air pollutant" shall
42 mean those air contaminants that are regulated pursuant to part C of
43 subchapter I of the federal clean air act and any applicable federal
2
1 regulations promulgated pursuant to part C of subchapter I of the
2 federal clean air act.
3 (c) To determine the applicability of any permit to construct or permit
4 to operate requirement to any air pollution source in Idaho, fugitive
5 emissions shall not be included in any applicability calculation, unless
6 expressly required by 42 U.S.C. section 7401 et seq. or any implementing
7 regulation promulgated thereunder. The director shall develop and the
8 board shall adopt rules that provide that, for both major and minor source
9 permit applicability determinations, fugitive emissions shall be included
10 only as expressly required by federal law 42 U.S.C. section 7401 et seq.
11 or any implementing regulation promulgated thereunder.
12 (d) The director shall develop and recommend to the board for adoption
13 through rulemaking, criteria to determine insignificant activities and
14 such sources or modification with emissions at or below the de minimis
15 level which shall not require either a permit to construct or a permit to
16 operate; provided however, that a registration of the activities or
17 sources may be required.
18 (2) The director shall have the authority to sue in competent courts to
19 enjoin any threatened or continuing:
20 (a) Violations of pollution source permits or conditions thereof without
21 the necessity of a prior revocation of the permit; or
22 (b) Construction of an industrial or commercial air pollution source
23 without a permit required under this chapter or rules adopted hereunder.
24 (3) The department is authorized to charge and collect a fee for process-
25 ing applications for industrial or commercial air pollution source permits in
26 accordance with a fee schedule established by the board pursuant to this
27 chapter. For fees charged for operating permits under title V of the federal
28 clean air act amendments of 1990, the department shall not charge a fee on any
29 hazardous air pollutant other than those listed under section 112 of the fed-
30 eral clean air act. The fee schedule shall be structured to provide an incen-
31 tive for emission reduction.
32 (4) The director may issue air emission source permits to construct a
33 facility to incinerate any waste or waste item contaminated with
34 polychlorinated biphenyls (PCBs) only if the director finds:
35 (a) The facility will not be sited in complex valley terrain where the
36 valley floor is less than five (5) miles wide and the valley walls rise
37 more than one thousand (1,000) feet;
38 (b) The facility has complied with local planning and zoning require-
39 ments;
40 (c) There has been an opportunity for public participation; and
41 (d) The facility will employ best available technology and instrumenta-
42 tion.
43 Subsection (4) of this section shall not apply to incineration activities
44 existing on or before January 1, 1987.
STATEMENT OF PURPOSE
RS 15168
This legislation adds to the definition of regulated air
pollutant the authority for the Department of Environmental
Quality to adopt and implement the permit to construct programs
required by Sections 7412(g) and 7412(i)(1) of the Clean Air Act
for major sources of hazardous air pollutants (HAPS).
Secondly, in subparagraph (c), deleting the term "expressly" from
both sentences, and adding the implementing regulations to the
Clean Air Act reference, allows the Department of Environmental
Quality to meet the minimum federal requirements in regard to the
permit applicability treatment of fugitive emissions.
FISCAL NOTE
There is no fiscal impact due to this legislation.
Contact
Name: Martin Bauer, DEQ
Phone: (208) 373-0552
Dick Rush
Phone: (208) 343-1849
STATEMENT OF PURPOSE/FISCAL NOTE S 1228